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"content": "\u003cp>\u003cstrong>Update\u003c/strong>: From \u003ca href=\"http://www.ktvu.com/news/news/crime-law/violent-giants-dodgers-fans-confrontation-ends-fat/nZ7sP/\" target=\"_blank\">KTVU\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>One of two suspects detained in the fatal stabbing of a Dodgers fan -- the son of a Los Angeles Dodgers Stadium security guard -- near AT&T Park last night has been arrested on a homicide charge, authorities said Thursday.\u003c/p>\n\u003cp>Police said the man \"made admissions\" during his interview with detectives. A second suspect detained at 2nd and Howard early Thursday was still being questioned.\u003c/p>\n\u003cp>San Francisco Police Chief Greg Suhr said two other suspects were still being sought in the confrontation over the teams' rivalry that took place at about 11:39 p.m. Wednesday in the area of Third and Stillman near the ballpark. \u003ca href=\"http://www.ktvu.com/news/news/crime-law/violent-giants-dodgers-fans-confrontation-ends-fat/nZ7sP/\" target=\"_blank\">Full story\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cfigure id=\"attachment_112931\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003cimg class=\"size-medium wp-image-112931 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/pre-300x225.jpg\" alt=\"Pregame at a Giants Game ATT Park recently. (David Weir/KQED)\" width=\"300\" height=\"225\">\u003cfigcaption class=\"wp-caption-text\">Pregame at AT&T Park recently. (David Weir/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>SAN FRANCISCO (BCN and KQED) San Francisco police say two men have been arrested in connection with the stabbing death of a man several blocks from AT&T Park after a Giants-Dodgers game on Wednesday night. The victim has been identified by the medical examiner's office as 24-year-old Jonathan Denver.\u003c/p>\n\u003cp>Denver, dressed in Los Angeles Dodgers clothing, was stabbed with a sharp object during an altercation that broke out about 11:35 p.m. near Third and Harrison streets, four blocks from the ballpark. Denver, of Fort Bragg, was taken to San Francisco General Hospital, where he died, police said. A second victim was punched several times and was treated for minor injuries.\u003c/p>\n\u003cp>San Francisco Police Chief Greg Suhr said the victims had left the game in the eighth inning, around 10 p.m., and crossed paths with a group of suspects at Stillman Alley, under a freeway overpass. A back-and-forth related to the Giants-Dodgers rivalry ensued, and it deteriorated into a physical altercation. That ended with no serious injuries. But a second fight started, during which Denver was stabbed. The suspects, who Suhr said were not at the game, then fled the scene. One wore a Giants hat, the chief said.\u003c/p>\n\u003cp>\"The fact that anybody got in any sort of a beef over the Giants and the Dodgers and somebody lost their life, it's just senseless,\" Suhr said.\u003c/p>\n\u003caside class=\"pullquote alignleft\">The fact that anybody got in any sort of a beef over the Giants and the Dodgers and somebody lost their life, it's just senseless.\"\n\u003cp>--SF Police Chief Greg Suhr\u003c/p>\n\u003c/aside>\n\u003cp>The weapon with which Denver was stabbed has not yet been found.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In a statement Thursday, the Giants said the team was \"deeply saddened\" by the incident. \"While details are still emerging, we want to be clear that there is absolutely no place in our community for this type of senseless violence. The Giants are working with the San Francisco Police Department to step up enforcement in and around the ballpark tonight and throughout the rest of this final home stand. We will also observe a moment of silence in memory of Mr. Denver before tonight’s\u003cbr>\ngame.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The incident brought to mind the beating of \u003ca href=\"http://ww2.kqed.org/news/tag/bryan-stow/\" target=\"_blank\">Giants fan Bryan Stow\u003c/a> after the team's 2011 season opener at Dodger Stadium in Los Angeles. Stow suffered severe brain injuries, and the Giants held a fundraiser for him at Tuesday's game against the Dodgers. They have two more planned for today's game and their season finale on Sunday against the San Diego Padres.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update\u003c/strong>: From \u003ca href=\"http://www.ktvu.com/news/news/crime-law/violent-giants-dodgers-fans-confrontation-ends-fat/nZ7sP/\" target=\"_blank\">KTVU\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>One of two suspects detained in the fatal stabbing of a Dodgers fan -- the son of a Los Angeles Dodgers Stadium security guard -- near AT&T Park last night has been arrested on a homicide charge, authorities said Thursday.\u003c/p>\n\u003cp>Police said the man \"made admissions\" during his interview with detectives. A second suspect detained at 2nd and Howard early Thursday was still being questioned.\u003c/p>\n\u003cp>San Francisco Police Chief Greg Suhr said two other suspects were still being sought in the confrontation over the teams' rivalry that took place at about 11:39 p.m. Wednesday in the area of Third and Stillman near the ballpark. \u003ca href=\"http://www.ktvu.com/news/news/crime-law/violent-giants-dodgers-fans-confrontation-ends-fat/nZ7sP/\" target=\"_blank\">Full story\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cfigure id=\"attachment_112931\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003cimg class=\"size-medium wp-image-112931 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/pre-300x225.jpg\" alt=\"Pregame at a Giants Game ATT Park recently. (David Weir/KQED)\" width=\"300\" height=\"225\">\u003cfigcaption class=\"wp-caption-text\">Pregame at AT&T Park recently. (David Weir/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>SAN FRANCISCO (BCN and KQED) San Francisco police say two men have been arrested in connection with the stabbing death of a man several blocks from AT&T Park after a Giants-Dodgers game on Wednesday night. The victim has been identified by the medical examiner's office as 24-year-old Jonathan Denver.\u003c/p>\n\u003cp>Denver, dressed in Los Angeles Dodgers clothing, was stabbed with a sharp object during an altercation that broke out about 11:35 p.m. near Third and Harrison streets, four blocks from the ballpark. Denver, of Fort Bragg, was taken to San Francisco General Hospital, where he died, police said. A second victim was punched several times and was treated for minor injuries.\u003c/p>\n\u003cp>San Francisco Police Chief Greg Suhr said the victims had left the game in the eighth inning, around 10 p.m., and crossed paths with a group of suspects at Stillman Alley, under a freeway overpass. A back-and-forth related to the Giants-Dodgers rivalry ensued, and it deteriorated into a physical altercation. That ended with no serious injuries. But a second fight started, during which Denver was stabbed. The suspects, who Suhr said were not at the game, then fled the scene. One wore a Giants hat, the chief said.\u003c/p>\n\u003cp>\"The fact that anybody got in any sort of a beef over the Giants and the Dodgers and somebody lost their life, it's just senseless,\" Suhr said.\u003c/p>\n\u003caside class=\"pullquote alignleft\">The fact that anybody got in any sort of a beef over the Giants and the Dodgers and somebody lost their life, it's just senseless.\"\n\u003cp>--SF Police Chief Greg Suhr\u003c/p>\n\u003c/aside>\n\u003cp>The weapon with which Denver was stabbed has not yet been found.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In a statement Thursday, the Giants said the team was \"deeply saddened\" by the incident. \"While details are still emerging, we want to be clear that there is absolutely no place in our community for this type of senseless violence. The Giants are working with the San Francisco Police Department to step up enforcement in and around the ballpark tonight and throughout the rest of this final home stand. We will also observe a moment of silence in memory of Mr. Denver before tonight’s\u003cbr>\ngame.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The incident brought to mind the beating of \u003ca href=\"http://ww2.kqed.org/news/tag/bryan-stow/\" target=\"_blank\">Giants fan Bryan Stow\u003c/a> after the team's 2011 season opener at Dodger Stadium in Los Angeles. Stow suffered severe brain injuries, and the Giants held a fundraiser for him at Tuesday's game against the Dodgers. They have two more planned for today's game and their season finale on Sunday against the San Diego Padres.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cfigure id=\"attachment_112549\" class=\"wp-caption alignleft\" style=\"max-width: 307px\">\u003ca href=\"http://ww2.kqed.org/news/2013/09/24/112540/lawyres-social-media-tweets/800px-traffic_on_danzinger_bridge/\" rel=\"attachment wp-att-112549\">\u003cimg class=\"wp-image-112549 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/800px-Traffic_on_Danzinger_Bridge-e1380056485489.jpg\" alt=\"800px-Traffic_on_Danzinger_Bridge\" width=\"307\" height=\"203\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Traffic on the Danziger Bridge in New Orleans, where the post-Katrina shootings by police officers led to convictions recently overturned by a federal judge. (thepipe26/Wikimedia Commons)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>By Emily Green\u003c/strong>\u003c/p>\n\u003cp>Social media use is finding its way into many corners of life, including the courtroom, where it’s posing some challenges.\u003c/p>\n\u003cp>Just last week, a federal judge in New Orleans \u003cstrong>\u003ca href=\"http://abcnews.go.com/US/family-danziger-bridge-victim-overturned-conviction-reopens-wound/story?id=20290888\">overturned\u003c/a>\u003c/strong> the murder convictions of five police officers because the prosecutors posted anonymous comments online about the trial while it was happening.\u003c/p>\n\u003cp>It’s not clear a California judge would have done the same thing.\u003c/p>\n\u003cp>The New Orleans case highlighted the way lawyers trying to win public support for their cause can sometimes cross an ethical line – and it shows how that line has become nebulous with the rise of interactive and social media.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>During the police trial, prosecutors using fake identities blasted the officers, accused in the \u003ca href=\"http://en.wikipedia.org/wiki/Danziger_Bridge_shootings\">Danziger Bridge shootings\u003c/a>, on the website of the Times-Picayune newspaper. On appeal, Judge Kurt D. Englehardt said that was an ethical violation so egregious it deprived the officers of their right to a fair trial.\u003c/p>\n\u003cp>San Francisco attorney Mark L. Tuft, a partner with Cooper, White & Cooper LLP who advises lawyers on their ethical obligations, said the reversal of the convictions should serve as a wake-up call to lawyers to watch what they post.\u003c/p>\n\u003cp>“This is an extraordinary example of the impact of social media on the justice system,” Tuft said.\u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>California Might Be Different\u003c/strong>\u003c/p>\n\u003cp>Even so, it’s not clear that a judge in California would have come to the same conclusion as the federal judge in New Orleans. Tuft said the laws in California governing social media use are different.\u003c/p>\n\u003cp>“It’s very difficult in California to overturn a conviction based upon prosecutorial misconduct unless the court finds that the conduct had a likely effect on the outcome of the case,” Tuft said.\u003c/p>\n\u003cp>The California Supreme Court has upheld convictions in cases even when prosecutors used media in questionable ways. In one, a prosecutor moonlighting as an author wrote a book that seemed based on the very case she was about to prosecute.\u003c/p>\n\u003cp>In another, a prosecutor gave information about a murder suspect to a Hollywood producer, who turned the material into the 2006 movie “Alpha Dog,” starring Justin Timberlake as the victim. The suspect later went on trial and was sentenced to life in prison.\u003c/p>\n\u003cp>While those convictions were upheld, lawyers say they have to be more careful.\u003c/p>\n\u003cp>\u003cstrong>“\u003c/strong>It’s kind of like the old Miranda warning where they said, ‘Whatever you say can be used against you,' ’' said San Francisco Public Defender Jeff Adachi. \"Remember that whatever you post can be used against you, too.”\u003c/p>\n\u003cp>\u003cstrong>Intern's Facebook Post Disaster\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>\u003c/strong>Adachi said his office has faced problems with employees using social media. A few years ago, an intern posted information on Facebook about a case she was working on.\u003c/p>\n\u003cp>“That was a wake-up call for us that we need to make sure that we train all of our staff not to post sensitive information,\" he said. \"Because what’s sensitive to one person may not be sensitive to another.”\u003c/p>\n\u003cp>And while many of the cases involving social media arise in the criminal context, some lawyers are also getting into trouble for social media use in civil and business contexts. Last week, the online review site Yelp sued a San Diego law firm because its lawyers allegedly posted fake reviews of the firm. The lawyers deny they did anything wrong.\u003c/p>\n\u003cdiv class=\"mceItemEmbedly\">\n\u003cdiv class=\"embedly\">\u003ciframe width=\"640\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F112664113&show_artwork=true&maxwidth=900\">\u003c/iframe>\n\u003cdiv class=\"embedly-clear\">\u003c/div>\n\u003cp>\u003cspan class=\"embedly-powered\" style=\"float:right\">\u003ca target=\"_blank\" href=\"http://embed.ly?src=anywhere\" title=\"Powered by Embedly\">\u003cimg src=\"http://static.embed.ly/images/logos/embedly-powered-small-light.png\" alt=\"Embedly Powered\">\u003c/a>\u003c/span>\u003c/p>\n\u003cdiv class=\"media-attribution\">\u003cspan>via \u003c/span>\u003ca href=\"http://soundcloud.com\" class=\"media-attribution-link\" target=\"_blank\">SoundCloud\u003c/a>\u003c/div>\n\u003cdiv class=\"embedly-clear\">\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003cp>\u003c/p>\n\u003cp> \u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_112549\" class=\"wp-caption alignleft\" style=\"max-width: 307px\">\u003ca href=\"http://ww2.kqed.org/news/2013/09/24/112540/lawyres-social-media-tweets/800px-traffic_on_danzinger_bridge/\" rel=\"attachment wp-att-112549\">\u003cimg class=\"wp-image-112549 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/800px-Traffic_on_Danzinger_Bridge-e1380056485489.jpg\" alt=\"800px-Traffic_on_Danzinger_Bridge\" width=\"307\" height=\"203\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Traffic on the Danziger Bridge in New Orleans, where the post-Katrina shootings by police officers led to convictions recently overturned by a federal judge. (thepipe26/Wikimedia Commons)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>By Emily Green\u003c/strong>\u003c/p>\n\u003cp>Social media use is finding its way into many corners of life, including the courtroom, where it’s posing some challenges.\u003c/p>\n\u003cp>Just last week, a federal judge in New Orleans \u003cstrong>\u003ca href=\"http://abcnews.go.com/US/family-danziger-bridge-victim-overturned-conviction-reopens-wound/story?id=20290888\">overturned\u003c/a>\u003c/strong> the murder convictions of five police officers because the prosecutors posted anonymous comments online about the trial while it was happening.\u003c/p>\n\u003cp>It’s not clear a California judge would have done the same thing.\u003c/p>\n\u003cp>The New Orleans case highlighted the way lawyers trying to win public support for their cause can sometimes cross an ethical line – and it shows how that line has become nebulous with the rise of interactive and social media.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>During the police trial, prosecutors using fake identities blasted the officers, accused in the \u003ca href=\"http://en.wikipedia.org/wiki/Danziger_Bridge_shootings\">Danziger Bridge shootings\u003c/a>, on the website of the Times-Picayune newspaper. On appeal, Judge Kurt D. Englehardt said that was an ethical violation so egregious it deprived the officers of their right to a fair trial.\u003c/p>\n\u003cp>San Francisco attorney Mark L. Tuft, a partner with Cooper, White & Cooper LLP who advises lawyers on their ethical obligations, said the reversal of the convictions should serve as a wake-up call to lawyers to watch what they post.\u003c/p>\n\u003cp>“This is an extraordinary example of the impact of social media on the justice system,” Tuft said.\u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>California Might Be Different\u003c/strong>\u003c/p>\n\u003cp>Even so, it’s not clear that a judge in California would have come to the same conclusion as the federal judge in New Orleans. Tuft said the laws in California governing social media use are different.\u003c/p>\n\u003cp>“It’s very difficult in California to overturn a conviction based upon prosecutorial misconduct unless the court finds that the conduct had a likely effect on the outcome of the case,” Tuft said.\u003c/p>\n\u003cp>The California Supreme Court has upheld convictions in cases even when prosecutors used media in questionable ways. In one, a prosecutor moonlighting as an author wrote a book that seemed based on the very case she was about to prosecute.\u003c/p>\n\u003cp>In another, a prosecutor gave information about a murder suspect to a Hollywood producer, who turned the material into the 2006 movie “Alpha Dog,” starring Justin Timberlake as the victim. The suspect later went on trial and was sentenced to life in prison.\u003c/p>\n\u003cp>While those convictions were upheld, lawyers say they have to be more careful.\u003c/p>\n\u003cp>\u003cstrong>“\u003c/strong>It’s kind of like the old Miranda warning where they said, ‘Whatever you say can be used against you,' ’' said San Francisco Public Defender Jeff Adachi. \"Remember that whatever you post can be used against you, too.”\u003c/p>\n\u003cp>\u003cstrong>Intern's Facebook Post Disaster\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>\u003c/strong>Adachi said his office has faced problems with employees using social media. A few years ago, an intern posted information on Facebook about a case she was working on.\u003c/p>\n\u003cp>“That was a wake-up call for us that we need to make sure that we train all of our staff not to post sensitive information,\" he said. \"Because what’s sensitive to one person may not be sensitive to another.”\u003c/p>\n\u003cp>And while many of the cases involving social media arise in the criminal context, some lawyers are also getting into trouble for social media use in civil and business contexts. Last week, the online review site Yelp sued a San Diego law firm because its lawyers allegedly posted fake reviews of the firm. The lawyers deny they did anything wrong.\u003c/p>\n\u003cdiv class=\"mceItemEmbedly\">\n\u003cdiv class=\"embedly\">\u003ciframe width=\"640\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F112664113&show_artwork=true&maxwidth=900\">\u003c/iframe>\n\u003cdiv class=\"embedly-clear\">\u003c/div>\n\u003cp>\u003cspan class=\"embedly-powered\" style=\"float:right\">\u003ca target=\"_blank\" href=\"http://embed.ly?src=anywhere\" title=\"Powered by Embedly\">\u003cimg src=\"http://static.embed.ly/images/logos/embedly-powered-small-light.png\" alt=\"Embedly Powered\">\u003c/a>\u003c/span>\u003c/p>\n\u003cdiv class=\"media-attribution\">\u003cspan>via \u003c/span>\u003ca href=\"http://soundcloud.com\" class=\"media-attribution-link\" target=\"_blank\">SoundCloud\u003c/a>\u003c/div>\n\u003cdiv class=\"embedly-clear\">\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003cp>\u003c/p>\n\u003cp> \u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "How a $100 Traffic Fine in San Leandro Ballooned to $549 as Calif. Piles on the Costs",
"title": "How a $100 Traffic Fine in San Leandro Ballooned to $549 as Calif. Piles on the Costs",
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"content": "\u003cp>\u003cstrong>By Caroline Chen, \u003ca href=\"http://cironline.org/\" target=\"_blank\">The Center for Investigative Reporting\u003c/a>\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_112724\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003cimg class=\"size-medium wp-image-112724\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/traffic-300x199.jpg\" alt=\"State records show that traffic citation fines have skyrocketed over the last decade, with some common infractions now costing close to $500. (Photo: Noah Berger/For The Center for Investigative Reporting) \" width=\"300\" height=\"199\">\u003cfigcaption class=\"wp-caption-text\">State records show that traffic citation fines have skyrocketed over the last decade. (Photo: Noah Berger/For The Center for Investigative Reporting)\u003c/figcaption>\u003c/figure>\n\u003cp>Motorist Derick Neal doesn’t remember the April night when he rolled through a right turn at a red light in San Leandro.\u003c/p>\n\u003cp>The video from the red-light camera clearly shows the violation, he admits. Nevertheless, the 40-year-old software engineer is outraged about the price of the ticket: $490, plus an additional $59 for traffic school.\u003c/p>\n\u003cp>“It’s one thing if I was barreling through, but you can see my brake lights all the way through,” he said after viewing the video. “I expected it to be $100, $150 at most for the infraction.”\u003c/p>\n\u003cp>Like Neal, many of the more than 6 million California drivers who get tickets each year experience sticker shock. State records show that traffic citation fines have skyrocketed over the last decade, with some common infractions now costing close to $500.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Running a red light, currently $490, cost $340 in 2003 and $103 in 1993, according to the Judicial Council of California, which sets fines for traffic offenses. A ticket for rolling through a stop sign costs $238; a decade ago, it was $130. Speeding up to 15 mph over the limit also comes with a $238 price tag -- more than eight times what it cost in 1993. And traffic school can add $60.\u003c/p>\n\u003cp>Oddly, the base fine for most violations has remained the same for the last 20 years. The growth in fines is due to add-ons known as penalty assessments. These fees are tacked on to citations, with the money earmarked for projects ranging from court construction to DNA research for solving crimes.\u003c/p>\n\u003cp>Viewed separately, each assessment might not seem particularly onerous, but the penalties add up. About a decade ago, there was one penalty assessment. Now, there are 10 -- and total fines average four or five times the amount of the base fine. \u003c!--more-->\u003c/p>\n\u003cp>The soaring fines don’t seem to have encouraged Californians to become better drivers. Each year, between 26 and 30 percent of drivers get a traffic citation, records show. But the high price of a ticket has led many traffic offenders to plead not guilty and contest their tickets in court, hoping to have them dismissed or reduced.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cp>\u003cem>Derick Neal’s ticket\u003c/em>\u003cbr>\nBase fine: $100\u003cbr>\nState penalty assessment: $100\u003cbr>\nCounty penalty assessment: $70\u003cbr>\nDNA identification fund: $50\u003cbr>\nCourt construction: $50\u003cbr>\nState surcharge: $20\u003cbr>\nEmergency medical services: $20\u003cbr>\nEmergency medical air transportation: $4\u003cbr>\nCourt operations: $40\u003cbr>\nConviction assessment: $35\u003cbr>\nNight court: $1\u003cbr>\nTotal ticket: $490\u003cbr>\nTraffic school: $59\u003cbr>\n\u003cstrong>Total cost: $549\u003c/strong>\u003c/p>\n\u003c/aside>\n\u003cp>In 2003, about 196,000 traffic citations were disputed in California courts, according to Judicial Council statistics. That was 4.5 percent of the total issued. By 2011, that number had nearly doubled to 383,000, 7.1 percent of all the citations issued.\u003c/p>\n\u003cp>Advocates say the increased fines are especially hard on the working class.\u003c/p>\n\u003cp>“If you’re a single parent barely making it, one of those (red-light) tickets could really set you back,” said Shane Gusman, legislative representative for the California Teamsters union. “I think folks are doing the math and hoping that it will get dismissed if the officer doesn’t show up. I know our drivers are doing that calculation.”\u003c/p>\n\u003cp>Some traffic court judges offer community service, rather than fines, to those who plead guilty. Gusman says this isn’t much help for many people. At the community service rate of $10 an hour, it would take 49 hours to pay off a red-light violation ticket.\u003c/p>\n\u003cp>The courts don’t track whether they are losing revenue because more motorists are fighting their tickets. But some courts around the state are struggling to handle the influx of people contesting tickets.\u003c/p>\n\u003cp>Trial dates are backed up in San Diego County, where the number of motorists contesting tickets has doubled in a decade, said court spokeswoman Karen Dalton. The current wait is six months.\u003c/p>\n\u003cp>Those accused of traffic violations in Los Angeles County have been facing waits of nine months or more for a hearing, said court spokeswoman Mary Hearn. But it’s about to get worse. Recently, courts underwent their third round of layoffs in four years.\u003c/p>\n\u003cp>“With the changes our court was forced to make in the past few months, I expect those numbers will again increase dramatically,” Hearn said.\u003c/p>\n\u003cp>Derick Neal pleaded not guilty on his red-light violation and went to court in Oakland this month. He was found guilty and must pay the full fine.\u003c/p>\n\u003caside class=\"pullquote alignleft\">Experts say there is little chance penalty assessments will stop increasing because it’s an attractive source of revenue for government.\u003c/aside>\n\u003cp>Some courts offer discounts to motorists who plead guilty rather than fight their tickets. At the San Francisco Hall of Justice on a recent day, a court officer offered deals to about 80 people who had shown up to dispute their tickets. Motorists could pay $285 to settle any ticket of $400 or more, the officer said, and tickets of less than $400 could be settled for $178. If motorists went to trial and lost, they would pay the full fine, the officer warned.\u003c/p>\n\u003cp>But there was no such clemency across the bay in Oakland at the Wiley W. Manuel Courthouse, where Commissioner Taylor Culver reigns over his courtroom with sarcastic humor. During a red-light camera trial on a recent afternoon, when one defendant asked for a reduction in his fine, Culver boomed, “Nobody here is special or better than anybody. There’s nobody here special but me.”\u003c/p>\n\u003cp>In another case, Culver cut off a defendant’s comments by saying, “Just tell me about the money. How are you going to pay?”\u003c/p>\n\u003cp>Experts say there is little chance that the penalty assessments will stop increasing because it’s an attractive source of revenue for state and county governments. A 2006 report by the California Research Bureau, which studies issues for the governor and Legislature, estimated that traffic violations bring in more than $500 million per year.\u003c/p>\n\u003cp>“I don’t know we’ll ever have a rollback unless the state had enough money in the general fund,” said Gregory Pagan, chief counsel for the Assembly Public Safety Committee. “It’s an easy way to find a revenue stream to fund (a program). They’ll never stop.”\u003c/p>\n\u003cp>\u003cem>\u003cspan class=\"Apple-style-span\" style=\"font-style: normal\">\u003cem>The independent, nonprofit Center for Investigative Reporting is the country’s largest investigative reporting team. For more, visit www.cironline.org.\u003c/em>\u003c/span>\u003c/em>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp> \u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>By Caroline Chen, \u003ca href=\"http://cironline.org/\" target=\"_blank\">The Center for Investigative Reporting\u003c/a>\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_112724\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003cimg class=\"size-medium wp-image-112724\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/traffic-300x199.jpg\" alt=\"State records show that traffic citation fines have skyrocketed over the last decade, with some common infractions now costing close to $500. (Photo: Noah Berger/For The Center for Investigative Reporting) \" width=\"300\" height=\"199\">\u003cfigcaption class=\"wp-caption-text\">State records show that traffic citation fines have skyrocketed over the last decade. (Photo: Noah Berger/For The Center for Investigative Reporting)\u003c/figcaption>\u003c/figure>\n\u003cp>Motorist Derick Neal doesn’t remember the April night when he rolled through a right turn at a red light in San Leandro.\u003c/p>\n\u003cp>The video from the red-light camera clearly shows the violation, he admits. Nevertheless, the 40-year-old software engineer is outraged about the price of the ticket: $490, plus an additional $59 for traffic school.\u003c/p>\n\u003cp>“It’s one thing if I was barreling through, but you can see my brake lights all the way through,” he said after viewing the video. “I expected it to be $100, $150 at most for the infraction.”\u003c/p>\n\u003cp>Like Neal, many of the more than 6 million California drivers who get tickets each year experience sticker shock. State records show that traffic citation fines have skyrocketed over the last decade, with some common infractions now costing close to $500.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Running a red light, currently $490, cost $340 in 2003 and $103 in 1993, according to the Judicial Council of California, which sets fines for traffic offenses. A ticket for rolling through a stop sign costs $238; a decade ago, it was $130. Speeding up to 15 mph over the limit also comes with a $238 price tag -- more than eight times what it cost in 1993. And traffic school can add $60.\u003c/p>\n\u003cp>Oddly, the base fine for most violations has remained the same for the last 20 years. The growth in fines is due to add-ons known as penalty assessments. These fees are tacked on to citations, with the money earmarked for projects ranging from court construction to DNA research for solving crimes.\u003c/p>\n\u003cp>Viewed separately, each assessment might not seem particularly onerous, but the penalties add up. About a decade ago, there was one penalty assessment. Now, there are 10 -- and total fines average four or five times the amount of the base fine. \u003c!--more-->\u003c/p>\n\u003cp>The soaring fines don’t seem to have encouraged Californians to become better drivers. Each year, between 26 and 30 percent of drivers get a traffic citation, records show. But the high price of a ticket has led many traffic offenders to plead not guilty and contest their tickets in court, hoping to have them dismissed or reduced.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cp>\u003cem>Derick Neal’s ticket\u003c/em>\u003cbr>\nBase fine: $100\u003cbr>\nState penalty assessment: $100\u003cbr>\nCounty penalty assessment: $70\u003cbr>\nDNA identification fund: $50\u003cbr>\nCourt construction: $50\u003cbr>\nState surcharge: $20\u003cbr>\nEmergency medical services: $20\u003cbr>\nEmergency medical air transportation: $4\u003cbr>\nCourt operations: $40\u003cbr>\nConviction assessment: $35\u003cbr>\nNight court: $1\u003cbr>\nTotal ticket: $490\u003cbr>\nTraffic school: $59\u003cbr>\n\u003cstrong>Total cost: $549\u003c/strong>\u003c/p>\n\u003c/aside>\n\u003cp>In 2003, about 196,000 traffic citations were disputed in California courts, according to Judicial Council statistics. That was 4.5 percent of the total issued. By 2011, that number had nearly doubled to 383,000, 7.1 percent of all the citations issued.\u003c/p>\n\u003cp>Advocates say the increased fines are especially hard on the working class.\u003c/p>\n\u003cp>“If you’re a single parent barely making it, one of those (red-light) tickets could really set you back,” said Shane Gusman, legislative representative for the California Teamsters union. “I think folks are doing the math and hoping that it will get dismissed if the officer doesn’t show up. I know our drivers are doing that calculation.”\u003c/p>\n\u003cp>Some traffic court judges offer community service, rather than fines, to those who plead guilty. Gusman says this isn’t much help for many people. At the community service rate of $10 an hour, it would take 49 hours to pay off a red-light violation ticket.\u003c/p>\n\u003cp>The courts don’t track whether they are losing revenue because more motorists are fighting their tickets. But some courts around the state are struggling to handle the influx of people contesting tickets.\u003c/p>\n\u003cp>Trial dates are backed up in San Diego County, where the number of motorists contesting tickets has doubled in a decade, said court spokeswoman Karen Dalton. The current wait is six months.\u003c/p>\n\u003cp>Those accused of traffic violations in Los Angeles County have been facing waits of nine months or more for a hearing, said court spokeswoman Mary Hearn. But it’s about to get worse. Recently, courts underwent their third round of layoffs in four years.\u003c/p>\n\u003cp>“With the changes our court was forced to make in the past few months, I expect those numbers will again increase dramatically,” Hearn said.\u003c/p>\n\u003cp>Derick Neal pleaded not guilty on his red-light violation and went to court in Oakland this month. He was found guilty and must pay the full fine.\u003c/p>\n\u003caside class=\"pullquote alignleft\">Experts say there is little chance penalty assessments will stop increasing because it’s an attractive source of revenue for government.\u003c/aside>\n\u003cp>Some courts offer discounts to motorists who plead guilty rather than fight their tickets. At the San Francisco Hall of Justice on a recent day, a court officer offered deals to about 80 people who had shown up to dispute their tickets. Motorists could pay $285 to settle any ticket of $400 or more, the officer said, and tickets of less than $400 could be settled for $178. If motorists went to trial and lost, they would pay the full fine, the officer warned.\u003c/p>\n\u003cp>But there was no such clemency across the bay in Oakland at the Wiley W. Manuel Courthouse, where Commissioner Taylor Culver reigns over his courtroom with sarcastic humor. During a red-light camera trial on a recent afternoon, when one defendant asked for a reduction in his fine, Culver boomed, “Nobody here is special or better than anybody. There’s nobody here special but me.”\u003c/p>\n\u003cp>In another case, Culver cut off a defendant’s comments by saying, “Just tell me about the money. How are you going to pay?”\u003c/p>\n\u003cp>Experts say there is little chance that the penalty assessments will stop increasing because it’s an attractive source of revenue for state and county governments. A 2006 report by the California Research Bureau, which studies issues for the governor and Legislature, estimated that traffic violations bring in more than $500 million per year.\u003c/p>\n\u003cp>“I don’t know we’ll ever have a rollback unless the state had enough money in the general fund,” said Gregory Pagan, chief counsel for the Assembly Public Safety Committee. “It’s an easy way to find a revenue stream to fund (a program). They’ll never stop.”\u003c/p>\n\u003cp>\u003cem>\u003cspan class=\"Apple-style-span\" style=\"font-style: normal\">\u003cem>The independent, nonprofit Center for Investigative Reporting is the country’s largest investigative reporting team. For more, visit www.cironline.org.\u003c/em>\u003c/span>\u003c/em>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "Judges Grant California More Time to Reduce the Prison Population",
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"content": "\u003cfigure id=\"attachment_112677\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/3625_transform-11.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-112677\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/3625_transform-11.jpg\" alt=\"Fresno State Prison. (Monica Lam/KQED)\" width=\"640\" height=\"360\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Fresno State Prison. (Monica Lam/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>SACRAMENTO, Calif. (AP) — Federal judges agreed Tuesday to extend an end-of-year deadline for reducing California’s prison population in hopes of finding a long-term solution to an overcrowding crisis that has forced the state to spend billions of dollars to improve inmate medical care.\u003c/p>\n\u003cp>The ruling granted at least a temporary victory to Gov. Jerry Brown and leading lawmakers of both parties. They had been fighting against an early release of inmates, saying it jeopardized public safety.\u003c/p>\n\u003cp>The panel of three federal judges granted the delay until Jan. 27 but said all parties must meet with a separate judge, who will make recommendations to the panel by Oct. 21.\u003c/p>\n\u003cp>The order was the latest development in a seven-year court case centered on inmate medical care. The judges said the one-month delay and mediation process are intended to “ensure a durable solution” to the legal battle that has reached the U.S. Supreme Court.\u003c/p>\n\u003cp>In June, the judges had ordered the state to reduce its prison population by an additional 9,600 inmates by year’s end.\u003cbr>\n\u003c!--more-->\u003cbr>\nOne of the lead attorneys representing inmates in the case said he was hopeful the process would lead to a lasting reduction and better health care for the state’s inmate population.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“We’ve been litigating this since November 2006, so a one-month delay is not really significant in that context,” said Don Specter, director of the Berkeley-based Prison Law Office. “One month to figure out if we can get a sustainable solution to this whole program is well worth it, in my opinion.”\u003c/p>\n\u003cp>The three federal judges are asking the parties to examine the status of three-strikes inmates, elderly and infirm prisoners, those being held on immigration violations, juveniles and those considered low risk. The judges have said previously they believe the state can release some of those prisoners before their full sentences have been served without endangering public safety.\u003c/p>\n\u003cp>They said they do not want the mediator to consider transferring inmates to private prisons out of state, as the governor had previously proposed. Transfers to private prisons within California or available county jail cells can be among the solutions, according to the order.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>A state corrections spokesman said the department would issue a statement responding to the court order later in the day.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_112677\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/3625_transform-11.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-112677\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/3625_transform-11.jpg\" alt=\"Fresno State Prison. (Monica Lam/KQED)\" width=\"640\" height=\"360\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Fresno State Prison. (Monica Lam/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>SACRAMENTO, Calif. (AP) — Federal judges agreed Tuesday to extend an end-of-year deadline for reducing California’s prison population in hopes of finding a long-term solution to an overcrowding crisis that has forced the state to spend billions of dollars to improve inmate medical care.\u003c/p>\n\u003cp>The ruling granted at least a temporary victory to Gov. Jerry Brown and leading lawmakers of both parties. They had been fighting against an early release of inmates, saying it jeopardized public safety.\u003c/p>\n\u003cp>The panel of three federal judges granted the delay until Jan. 27 but said all parties must meet with a separate judge, who will make recommendations to the panel by Oct. 21.\u003c/p>\n\u003cp>The order was the latest development in a seven-year court case centered on inmate medical care. The judges said the one-month delay and mediation process are intended to “ensure a durable solution” to the legal battle that has reached the U.S. Supreme Court.\u003c/p>\n\u003cp>In June, the judges had ordered the state to reduce its prison population by an additional 9,600 inmates by year’s end.\u003cbr>\n\u003c!--more-->\u003cbr>\nOne of the lead attorneys representing inmates in the case said he was hopeful the process would lead to a lasting reduction and better health care for the state’s inmate population.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“We’ve been litigating this since November 2006, so a one-month delay is not really significant in that context,” said Don Specter, director of the Berkeley-based Prison Law Office. “One month to figure out if we can get a sustainable solution to this whole program is well worth it, in my opinion.”\u003c/p>\n\u003cp>The three federal judges are asking the parties to examine the status of three-strikes inmates, elderly and infirm prisoners, those being held on immigration violations, juveniles and those considered low risk. The judges have said previously they believe the state can release some of those prisoners before their full sentences have been served without endangering public safety.\u003c/p>\n\u003cp>They said they do not want the mediator to consider transferring inmates to private prisons out of state, as the governor had previously proposed. Transfers to private prisons within California or available county jail cells can be among the solutions, according to the order.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>A state corrections spokesman said the department would issue a statement responding to the court order later in the day.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "If Albany Bulb Becomes a State Park, What Happens to Its Homeless?",
"title": "If Albany Bulb Becomes a State Park, What Happens to Its Homeless?",
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"content": "\u003cfigure id=\"attachment_112193\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/albanybulb-11sept2013-640.jpg\">\u003cimg class=\"size-full wp-image-112193\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/albanybulb-11sept2013-640.jpg\" alt=\"Recylced metal sculptures by Osha Neumann, an advocate for the residents living on the Albany Bulb, can be found on the north shore of the small peninsula. (Sara Bloomberg/KQED)\" width=\"640\" height=\"410\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Recycled metal sculptures by Osha Neumann, an advocate for the residents living on the Albany Bulb, can be found on the north shore of the small peninsula. (Sara Bloomberg/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>An encampment of about 60 people at the Albany Bulb could be evicted in October as the city of Albany moves to turn it into part of the surrounding state park.\u003c/p>\n\u003cp>The Albany Bulb, an old landfill that juts out into the bay, has been called one of the Bay Area's \u003ca href=\"http://science.kqed.org/quest/2007/02/21/albany-bulb-a-different-kind-of-wilderness/\" target=\"_blank\">quirkiest destinations\u003c/a> because of the artwork dotting its landscape of rebar and concrete. After the city stopped using the Bulb as a dump in the mid-1980s, homeless people moved onto the bulging peninsula, which features spectacular panoramic views.\u003c/p>\n\u003cp>Park advocates say incorporating the Albany Bulb into \u003ca href=\"http://www.ebparks.org/parks/eastshore\" target=\"_blank\">McLaughlin Eastshore State Park\u003c/a> has been a nearly 30-year effort with wide public support.\u003c/p>\n\u003cp>\"Hundreds of thousands of people have voted for it,\" said Robert Cheasty, a former Albany mayor and president of \u003ca href=\"http://www.eastshorepark.org/index.php\">Citizens for East Shore Parks --\u003c/a> an umbrella organization pushing for the eviction and state park stewardship of the Bulb. \"And millions have supported it.\"\u003c/p>\n\u003cp>Earlier this month, the Albany City Council reaffirmed its May 6 decision to enforce the no-camping ordinance, starting in October. The city plans to transfer the land to the oversight of the East Bay Regional Park District, where it will become the centerpiece of the park.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Advocates for the encampment on the Bulb argue it is part of the local community, and that there should be better plans in place for the homeless after they are evicted.\u003c!--more-->\u003c/p>\n\u003cp>\"Apart from the incredible loss to the people who are living there and the threat to them and the fact that they're going to lose their home, what all of us are going to lose is that model of coexistence, of an ecology that includes humanity in it,\" said Osha Neumann, an East Bay attorney who has represented some Bulb residents. He doesn't want the city to clear the camp without making sure the homeless have somewhere else to go.\u003c/p>\n\u003cp>The camp's population has ebbed and flowed over the years. It reached a high point of around 60 in the late 1990s, when Albany enacted a no-camping ordinance and evicted Bulb residents in 1999.\u003c/p>\n\u003cp>Meanwhile, concerns about landfill-tainted drainage, or leachate, stalled the transfer to the park district. At some point, Albany stopped enforcing the no-camping ordinance, and tents and shacks again sprouted in the bushes.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"//storify.com/kqednews/albany-bulb/embed?border=false\" width=\"100%\" height=\"750\" frameborder=\"no\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>The people who live on the Bulb don't consider themselves homeless. Some claim to have resided there for more than 10 years, and the ones who say they've lived there for years consider it their home. Many say police found them sleeping on the street in Albany or Berkeley and encouraged them to move to the camp, but the cities dispute that would ever happen.\u003c/p>\n\u003cp>In May, Albany contracted nonprofit Berkeley Food and Housing Project for $60,000 -- or about $1,000 per camp resident -- to connect the people on the Bulb with services and, hopefully, new housing. The campers say they've talked to the outreach workers, but those with a little income from Social Security or other sources worry they won't be able to afford a place to live that is as safe as the camp.\u003c/p>\n\u003cp>That's Steve Courie's situation. The 63-year-old blues musician says he's getting too old to camp, and he's too tired for a political fight. But he marched to the \u003ca href=\"http://www.contracostatimes.com/breaking-news/ci_24008859/eviction-imminent-albanys-shoreline-shantytown-residents-plead-be\" target=\"_blank\">Albany City Council meeting\u003c/a> on Sept. 3 with about 20 other Bulb residents anyway, hoping to convince council members to reverse their eviction plan.\u003c/p>\n\u003cp>\"If we lose this, the ones that don't make it into a house or whatever are going to end up sleeping in business doorways and stuff like that,\" Courie said. \"It's not a pretty picture.\"\u003c/p>\n\u003cp>The council voted 4-1 to have police begin enforcement of the no-camping ordinance sometime in October. Council members say letting the camp continue will only make the problem worse.\u003c/p>\n\u003cp>\"This situation is not going to get better -- it's only going to get worse,\" said Cheasty. \"We can't require that we solve all problems in our society before we have a park. It just doesn't work that way. We have a shoreline park. No one's allowed to privatize it.\"\u003c/p>\n\u003cp>Some Albany residents say they're afraid to go to the Bulb as long as the camp is there.\u003c/p>\n\u003cp>\"I'm actually one of those people who used to go down there,\" said Patricia Jones, executive director of Citizens for East Shore Parks, \"but I wouldn't go down there alone right now. We're really looking for this to be a positive change -- that these people will be helped and that the park will be returned to the rest of the people.\"\u003c/p>\n\u003cp>Neumann doesn't think Albany's $60,000 effort will actually result in housing anybody and said the Bulb campers likely will be kicked to the streets in October.\u003c/p>\n\u003cp>\"They don't have a shelter, they don't have a transitional house, they don't have a single unit of low-income subsidized housing,\" he said. \"It's taken years to create this situation. You can't unravel it in three or six months at the beginning of winter, and they know that. And they don't care.\"\u003c/p>\n\u003cp>Housing in Albany is an additional layer to the controversy. The city is \u003ca href=\"http://www.hcd.ca.gov/hpd/hrc/plan/he/status.pdf\" target=\"_blank\">overdue\u003c/a> in submitting an acceptable housing element of its general plan to the California Department of Housing and Community Development. State law now requires jurisdictions to have at least one zone allowing \u003ca href=\"http://www.hcd.ca.gov/hpd/sb2_memo050708.pdf\" target=\"_blank\">emergency shelters without a conditional use permit\u003c/a>, and Albany's current zoning only allows for conditional use. Conditional use means a prospective emergency shelter would have to go through an additional approval process, which is forbidden by state law.\u003c/p>\n\u003cp>Albany could contract with a neighboring city to fulfill its obligation. City officials say they are working on the plan. The city's planning and zoning commission has scheduled a work session for the housing element of its general plan for Sept. 25 at 6:30 p.m.\u003c/p>\n\u003cp>Listen to the audio report:\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/112239673\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\n",
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"excerpt": "An encampment of about 60 people at one of the Bay's quirkiest destinations could be evicted next month.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_112193\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/albanybulb-11sept2013-640.jpg\">\u003cimg class=\"size-full wp-image-112193\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/albanybulb-11sept2013-640.jpg\" alt=\"Recylced metal sculptures by Osha Neumann, an advocate for the residents living on the Albany Bulb, can be found on the north shore of the small peninsula. (Sara Bloomberg/KQED)\" width=\"640\" height=\"410\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Recycled metal sculptures by Osha Neumann, an advocate for the residents living on the Albany Bulb, can be found on the north shore of the small peninsula. (Sara Bloomberg/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>An encampment of about 60 people at the Albany Bulb could be evicted in October as the city of Albany moves to turn it into part of the surrounding state park.\u003c/p>\n\u003cp>The Albany Bulb, an old landfill that juts out into the bay, has been called one of the Bay Area's \u003ca href=\"http://science.kqed.org/quest/2007/02/21/albany-bulb-a-different-kind-of-wilderness/\" target=\"_blank\">quirkiest destinations\u003c/a> because of the artwork dotting its landscape of rebar and concrete. After the city stopped using the Bulb as a dump in the mid-1980s, homeless people moved onto the bulging peninsula, which features spectacular panoramic views.\u003c/p>\n\u003cp>Park advocates say incorporating the Albany Bulb into \u003ca href=\"http://www.ebparks.org/parks/eastshore\" target=\"_blank\">McLaughlin Eastshore State Park\u003c/a> has been a nearly 30-year effort with wide public support.\u003c/p>\n\u003cp>\"Hundreds of thousands of people have voted for it,\" said Robert Cheasty, a former Albany mayor and president of \u003ca href=\"http://www.eastshorepark.org/index.php\">Citizens for East Shore Parks --\u003c/a> an umbrella organization pushing for the eviction and state park stewardship of the Bulb. \"And millions have supported it.\"\u003c/p>\n\u003cp>Earlier this month, the Albany City Council reaffirmed its May 6 decision to enforce the no-camping ordinance, starting in October. The city plans to transfer the land to the oversight of the East Bay Regional Park District, where it will become the centerpiece of the park.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Advocates for the encampment on the Bulb argue it is part of the local community, and that there should be better plans in place for the homeless after they are evicted.\u003c!--more-->\u003c/p>\n\u003cp>\"Apart from the incredible loss to the people who are living there and the threat to them and the fact that they're going to lose their home, what all of us are going to lose is that model of coexistence, of an ecology that includes humanity in it,\" said Osha Neumann, an East Bay attorney who has represented some Bulb residents. He doesn't want the city to clear the camp without making sure the homeless have somewhere else to go.\u003c/p>\n\u003cp>The camp's population has ebbed and flowed over the years. It reached a high point of around 60 in the late 1990s, when Albany enacted a no-camping ordinance and evicted Bulb residents in 1999.\u003c/p>\n\u003cp>Meanwhile, concerns about landfill-tainted drainage, or leachate, stalled the transfer to the park district. At some point, Albany stopped enforcing the no-camping ordinance, and tents and shacks again sprouted in the bushes.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"//storify.com/kqednews/albany-bulb/embed?border=false\" width=\"100%\" height=\"750\" frameborder=\"no\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>The people who live on the Bulb don't consider themselves homeless. Some claim to have resided there for more than 10 years, and the ones who say they've lived there for years consider it their home. Many say police found them sleeping on the street in Albany or Berkeley and encouraged them to move to the camp, but the cities dispute that would ever happen.\u003c/p>\n\u003cp>In May, Albany contracted nonprofit Berkeley Food and Housing Project for $60,000 -- or about $1,000 per camp resident -- to connect the people on the Bulb with services and, hopefully, new housing. The campers say they've talked to the outreach workers, but those with a little income from Social Security or other sources worry they won't be able to afford a place to live that is as safe as the camp.\u003c/p>\n\u003cp>That's Steve Courie's situation. The 63-year-old blues musician says he's getting too old to camp, and he's too tired for a political fight. But he marched to the \u003ca href=\"http://www.contracostatimes.com/breaking-news/ci_24008859/eviction-imminent-albanys-shoreline-shantytown-residents-plead-be\" target=\"_blank\">Albany City Council meeting\u003c/a> on Sept. 3 with about 20 other Bulb residents anyway, hoping to convince council members to reverse their eviction plan.\u003c/p>\n\u003cp>\"If we lose this, the ones that don't make it into a house or whatever are going to end up sleeping in business doorways and stuff like that,\" Courie said. \"It's not a pretty picture.\"\u003c/p>\n\u003cp>The council voted 4-1 to have police begin enforcement of the no-camping ordinance sometime in October. Council members say letting the camp continue will only make the problem worse.\u003c/p>\n\u003cp>\"This situation is not going to get better -- it's only going to get worse,\" said Cheasty. \"We can't require that we solve all problems in our society before we have a park. It just doesn't work that way. We have a shoreline park. No one's allowed to privatize it.\"\u003c/p>\n\u003cp>Some Albany residents say they're afraid to go to the Bulb as long as the camp is there.\u003c/p>\n\u003cp>\"I'm actually one of those people who used to go down there,\" said Patricia Jones, executive director of Citizens for East Shore Parks, \"but I wouldn't go down there alone right now. We're really looking for this to be a positive change -- that these people will be helped and that the park will be returned to the rest of the people.\"\u003c/p>\n\u003cp>Neumann doesn't think Albany's $60,000 effort will actually result in housing anybody and said the Bulb campers likely will be kicked to the streets in October.\u003c/p>\n\u003cp>\"They don't have a shelter, they don't have a transitional house, they don't have a single unit of low-income subsidized housing,\" he said. \"It's taken years to create this situation. You can't unravel it in three or six months at the beginning of winter, and they know that. And they don't care.\"\u003c/p>\n\u003cp>Housing in Albany is an additional layer to the controversy. The city is \u003ca href=\"http://www.hcd.ca.gov/hpd/hrc/plan/he/status.pdf\" target=\"_blank\">overdue\u003c/a> in submitting an acceptable housing element of its general plan to the California Department of Housing and Community Development. State law now requires jurisdictions to have at least one zone allowing \u003ca href=\"http://www.hcd.ca.gov/hpd/sb2_memo050708.pdf\" target=\"_blank\">emergency shelters without a conditional use permit\u003c/a>, and Albany's current zoning only allows for conditional use. Conditional use means a prospective emergency shelter would have to go through an additional approval process, which is forbidden by state law.\u003c/p>\n\u003cp>Albany could contract with a neighboring city to fulfill its obligation. City officials say they are working on the plan. The city's planning and zoning commission has scheduled a work session for the housing element of its general plan for Sept. 25 at 6:30 p.m.\u003c/p>\n\u003cp>Listen to the audio report:\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Give California Cyclists 3 Feet--It's Now the Law",
"title": "Give California Cyclists 3 Feet--It's Now the Law",
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"content": "\u003cfigure id=\"attachment_112399\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/09/23/give-California-cyclists-3-feet-its-the-law/pass/\" rel=\"attachment wp-att-112399\">\u003cimg class=\"size-medium wp-image-112399\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/pass-300x199.jpg\" alt='Cars must now give cyclists three feet of space while passing. (<a href=\"http://www.flickr.com/photos/57899812@N00/3454046996/in/photolist-6gdTQq-6k9DYa-6kiFbu-6mae8N-6pfoFH-6vR9vi-6wETEJ-6ySnpp-6ySo7t-6B9rry-6BqFFx-6GcPKm-6LtoDg-6ReF48-6RtgRH-72NEXm-73GSNC-79hwVd-79T8Ak-79T8Zt-79T9PP-79WZKw-79WZQq-7bFcMa-7bK1V1-7eJNS9-7gfj2Y-7jKDV7-7wAytk-8ygR7A-bxTSYE-atMkTm-bjWT2B-8Jb9LW-aoX37d-bvy8vt-dLg886-9aXCdS-c5Afmu-9c4rYk-8WX2Tu-aM27Y6-cNVEwh-atGzs2-cKyZk9-9s7TGn-ay3iYb-8M9MdU-bSydLH-bAE7v2-ddiJeQ\">Gigantic Robot</a>/Flickr)' width=\"300\" height=\"199\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Cars must now give cyclists 3 feet of space while passing.\u003cbr>(\u003ca href=\"http://www.flickr.com/photos/57899812@N00/3454046996/in/photolist-6gdTQq-6k9DYa-6kiFbu-6mae8N-6pfoFH-6vR9vi-6wETEJ-6ySnpp-6ySo7t-6B9rry-6BqFFx-6GcPKm-6LtoDg-6ReF48-6RtgRH-72NEXm-73GSNC-79hwVd-79T8Ak-79T8Zt-79T9PP-79WZKw-79WZQq-7bFcMa-7bK1V1-7eJNS9-7gfj2Y-7jKDV7-7wAytk-8ygR7A-bxTSYE-atMkTm-bjWT2B-8Jb9LW-aoX37d-bvy8vt-dLg886-9aXCdS-c5Afmu-9c4rYk-8WX2Tu-aM27Y6-cNVEwh-atGzs2-cKyZk9-9s7TGn-ay3iYb-8M9MdU-bSydLH-bAE7v2-ddiJeQ\">Gigantic Robot\u003c/a>/Flickr)\u003c/figcaption>\u003c/figure>\n\u003cp>A bill \u003ca href=\"http://gov.ca.gov/news.php?id=18218\">signed by Gov. Jerry Brown\u003c/a> Monday requires drivers to give cyclists 3 feet of space while passing on the left or else face a fine.\u003c/p>\n\u003cp>The law says that the distance will be measured between \"any part of the motor vehicle and any part of the bicycle or its operator.\" In many situations, that calls for 3 feet between the cyclist's shoulder or handlebars and the vehicle's side mirror. \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1371\">Read the full bill.\u003c/a>\u003c/p>\n\u003cp>It's been a long road for the \"Three Feet for Safety Act\" to make it to state law. Earlier laws proposing similar regulations failed to pass the Legislature in 2006 and 2008. Brown also vetoed two earlier versions of the bill, based on recommendations from Caltrans.\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>From the \u003ca href=\"http://www.latimes.com/opinion/opinion-la/la-ol-bike-car-three-foot-rule-20130916,0,7796444.story\">L.A. Times\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>Lowenthal's bill got through the Legislature, but Brown vetoed it. The governor noted that California already required a \"safe and reasonable\" distance, but he had no problem with nailing down the minimum to three feet. It was the reduced speed that troubled him. Or, rather, that troubled the California Highway Patrol and Caltrans. They told the governor that slowing for a bike could cause other cars to rear-end the driver who was dutifully braking, or that one cyclist could cause an entire line of cars to have to slow down. And in case you were wondering, yes, Brown made it clear that such decelerating would be bad thing.\u003c/p>\n\u003cp>Brown also vetoed last year’s SB1464, also by Lowenthal, even though the slowing provision was removed. In his veto message, the governor again cited Caltrans, which this time expressed concern that the bill allowed cars to move to the left -- over the double-yellow line, if necessary -- to keep the three-foot minimum distance from cyclists. Allowing cars to violate the sacrosanct divider and, perhaps, stray into oncoming traffic could make the state liable in case of a head-on collision, the governor wrote.\u003c/p>\n\u003cp>\u003ca href=\"http://www.latimes.com/opinion/opinion-la/la-ol-bike-car-three-foot-rule-20130916,0,7796444.story\">Read the full story.\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp> \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The compromise that helped this bill pass is found in \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1371\">Section 3, Part D\u003c/a>. If road conditions make the 3-feet rule unsafe for the driver, they can slow down to a \"reasonable and prudent\" speed while passing a cyclist by less than 3 feet.\u003c/p>\n\u003cp>Violators could see a $35 fine. If there is a collision, the fine is increased to $220.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The version that passed today was authored by Assemblyman Steven Bradford (D-Gardena). The bill will take effect Sept. 16, 2014.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_112399\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/09/23/give-California-cyclists-3-feet-its-the-law/pass/\" rel=\"attachment wp-att-112399\">\u003cimg class=\"size-medium wp-image-112399\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/pass-300x199.jpg\" alt='Cars must now give cyclists three feet of space while passing. (<a href=\"http://www.flickr.com/photos/57899812@N00/3454046996/in/photolist-6gdTQq-6k9DYa-6kiFbu-6mae8N-6pfoFH-6vR9vi-6wETEJ-6ySnpp-6ySo7t-6B9rry-6BqFFx-6GcPKm-6LtoDg-6ReF48-6RtgRH-72NEXm-73GSNC-79hwVd-79T8Ak-79T8Zt-79T9PP-79WZKw-79WZQq-7bFcMa-7bK1V1-7eJNS9-7gfj2Y-7jKDV7-7wAytk-8ygR7A-bxTSYE-atMkTm-bjWT2B-8Jb9LW-aoX37d-bvy8vt-dLg886-9aXCdS-c5Afmu-9c4rYk-8WX2Tu-aM27Y6-cNVEwh-atGzs2-cKyZk9-9s7TGn-ay3iYb-8M9MdU-bSydLH-bAE7v2-ddiJeQ\">Gigantic Robot</a>/Flickr)' width=\"300\" height=\"199\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Cars must now give cyclists 3 feet of space while passing.\u003cbr>(\u003ca href=\"http://www.flickr.com/photos/57899812@N00/3454046996/in/photolist-6gdTQq-6k9DYa-6kiFbu-6mae8N-6pfoFH-6vR9vi-6wETEJ-6ySnpp-6ySo7t-6B9rry-6BqFFx-6GcPKm-6LtoDg-6ReF48-6RtgRH-72NEXm-73GSNC-79hwVd-79T8Ak-79T8Zt-79T9PP-79WZKw-79WZQq-7bFcMa-7bK1V1-7eJNS9-7gfj2Y-7jKDV7-7wAytk-8ygR7A-bxTSYE-atMkTm-bjWT2B-8Jb9LW-aoX37d-bvy8vt-dLg886-9aXCdS-c5Afmu-9c4rYk-8WX2Tu-aM27Y6-cNVEwh-atGzs2-cKyZk9-9s7TGn-ay3iYb-8M9MdU-bSydLH-bAE7v2-ddiJeQ\">Gigantic Robot\u003c/a>/Flickr)\u003c/figcaption>\u003c/figure>\n\u003cp>A bill \u003ca href=\"http://gov.ca.gov/news.php?id=18218\">signed by Gov. Jerry Brown\u003c/a> Monday requires drivers to give cyclists 3 feet of space while passing on the left or else face a fine.\u003c/p>\n\u003cp>The law says that the distance will be measured between \"any part of the motor vehicle and any part of the bicycle or its operator.\" In many situations, that calls for 3 feet between the cyclist's shoulder or handlebars and the vehicle's side mirror. \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1371\">Read the full bill.\u003c/a>\u003c/p>\n\u003cp>It's been a long road for the \"Three Feet for Safety Act\" to make it to state law. Earlier laws proposing similar regulations failed to pass the Legislature in 2006 and 2008. Brown also vetoed two earlier versions of the bill, based on recommendations from Caltrans.\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>From the \u003ca href=\"http://www.latimes.com/opinion/opinion-la/la-ol-bike-car-three-foot-rule-20130916,0,7796444.story\">L.A. Times\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>Lowenthal's bill got through the Legislature, but Brown vetoed it. The governor noted that California already required a \"safe and reasonable\" distance, but he had no problem with nailing down the minimum to three feet. It was the reduced speed that troubled him. Or, rather, that troubled the California Highway Patrol and Caltrans. They told the governor that slowing for a bike could cause other cars to rear-end the driver who was dutifully braking, or that one cyclist could cause an entire line of cars to have to slow down. And in case you were wondering, yes, Brown made it clear that such decelerating would be bad thing.\u003c/p>\n\u003cp>Brown also vetoed last year’s SB1464, also by Lowenthal, even though the slowing provision was removed. In his veto message, the governor again cited Caltrans, which this time expressed concern that the bill allowed cars to move to the left -- over the double-yellow line, if necessary -- to keep the three-foot minimum distance from cyclists. Allowing cars to violate the sacrosanct divider and, perhaps, stray into oncoming traffic could make the state liable in case of a head-on collision, the governor wrote.\u003c/p>\n\u003cp>\u003ca href=\"http://www.latimes.com/opinion/opinion-la/la-ol-bike-car-three-foot-rule-20130916,0,7796444.story\">Read the full story.\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp> \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The compromise that helped this bill pass is found in \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1371\">Section 3, Part D\u003c/a>. If road conditions make the 3-feet rule unsafe for the driver, they can slow down to a \"reasonable and prudent\" speed while passing a cyclist by less than 3 feet.\u003c/p>\n\u003cp>Violators could see a $35 fine. If there is a collision, the fine is increased to $220.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The version that passed today was authored by Assemblyman Steven Bradford (D-Gardena). The bill will take effect Sept. 16, 2014.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "How Imprisoned Mexican Mafia Leader Exerts Secret Control Over L.A. Street Gangs",
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"content": "\u003cfigure id=\"attachment_111608\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://www.kqed.org/documentcloud/?doc=785758-plaintiffs-exhibit-700-4\">\u003cimg class=\"size-full wp-image-111608 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/kite.jpg\" alt=\"The original note was written on a small scrap of paper known as a kite, smuggled out of the prison and then re-copied in larger print.\" width=\"640\" height=\"360\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">\u003cstrong>A note that was written on a small scrap of paper known as a kite, smuggled out of prison and then recopied in larger print, lays out specific rules for Mexican Mafia members on the street. Click on the image and hit the 'text' tab to read a typed version of the communique.\u003c/strong>\u003c/figcaption>\u003c/figure>\n\u003cp>Running a criminal organization while locked inside one of America's most secure prisons requires imagination, cunning and ruthlessness. It also demands a firm set of rules and a way to impose them on operatives on the streets, often violent and obstreperous gang members.\u003c/p>\n\u003cp>A secret letter allegedly sent from an inmate at Pelican Bay State Prison in Northern California to members of Florencia 13, a multi-generational street gang in south Los Angeles, details a covert network that has enriched the state’s most powerful prison gang, the Mexican Mafia.\u003c/p>\n\u003cp>The note was originally written in tiny script on a small scrap of paper known as a “kite,” smuggled out of Pelican Bay, recopied and then distributed to street gang members, according to federal prosecutors who are using it as evidence in a major \u003ca href=\"http://www.latimes.com/local/lanow/la-me-ln-mexican-mafia-drug-cartel-20130806,0,204716.story\">crackdown\u003c/a> in Los Angeles.\u003c/p>\n\u003cp>The letter outlines rules, or \u003cem>reglas\u003c/em>, drawn up by Mexican Mafia members for associates operating on the streets. They include:\u003c/p>\n\u003cul>\n\u003cli>How street gangs and their sub-groups are governed, including the election of a president and vice president by “majority votes.”\u003c/li>\n\u003cli>How drug sales, prostitution and other illegal activities are organized and “taxed,” with a percentage going to gang leaders behind bars.\u003c/li>\n\u003cli>How disputes are settled.\u003c/li>\n\u003cli>How assaults and murders are authorized.\u003c/li>\n\u003cli>How snitches and sex offenders are rooted out and punished.\u003c/li>\n\u003c/ul>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cfigure id=\"attachment_111796\" class=\"wp-caption alignright\" style=\"max-width: 197px\">\u003cimg class=\"size-medium wp-image-111796\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/Castellanos-225x300.jpg\" alt=\"Castellanos\" width=\"197\" height=\"263\">\u003cfigcaption class=\"wp-caption-text\">Arturo Castellanos (Photo: Dept. of Corrections and Rehabilitation)\u003c/figcaption>\u003c/figure>\n\u003cp>“We are forewarning everyone to cautiously respect these reglas and know there’s no 2\u003csup>nd\u003c/sup> chance,” reads the message, which was allegedly written by Arturo Castellanos, a convicted murderer who has been held in isolation at Pelican Bay since 1990. “We are Emeros (Mexican Mafia members) and we expect that these reglas are followed and respected by all true south-side Florencianos and Florencianas.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>Hunger strike leader\u003c/strong>\u003c/p>\n\u003cp>Earlier this summer, Castellanos and three other inmates organized a two-month \u003ca href=\"http://blogs.kqed.org/stateofhealth/2013/08/30/prison-hunger-strikers-getting-by-on-gatorade-vitamins/\">hunger strike \u003c/a>over\u003ca href=\"http://ww2.kqed.org/news/prison+isolation+video\"> conditions\u003c/a> at Pelican Bay, where they and hundreds of other men have been held in special windowless cells, usually alone, for more than a decade. The action drew international attention and plaudits from a host of civil and human rights groups, including the ACLU and Amnesty International. They say conditions at Pelican Bay are unconstitutional and amount to slow torture.\u003c/p>\n\u003cp>To his supporters, Castellanos is a relentless campaigner for prisoner rights who has eschewed a history of violence to help coordinate peaceful protests behind bars.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'We are Emeros (Mexican Mafia members) and we expect that these reglas are followed and respected by all true south-side Florencianos and Florencianas.'\u003c/aside>\n\u003cp>Leaders of the hunger strike, including Castellanos, only agreed to call off the protest after California lawmakers promised hearings and possible legislation to address complaints about prison gang policy and isolation units.\u003c/p>\n\u003cp>State corrections officials say conditions in the units are humane and that the severe restrictions are necessary to curtail gang communications. They allege the protest leaders have a hidden agenda — strengthening the hand of criminal groups that control drug and extortion rackets behind bars and on the streets.\u003c/p>\n\u003cp>\u003cstrong>Prosecutors in L.A. charge Castellanos\u003c/strong>\u003c/p>\n\u003cp>In August, federal prosecutors in Los Angeles named Castellanos in an \u003ca href=\"https://www.documentcloud.org/documents/797696-mexican-mafia-f13-indictment-2.html\">indictment\u003c/a> alleging a host of narcotics, firearms and fraud offenses, all carried out from his cell at Pelican Bay.\u003c/p>\n\u003cp>Prosecutors alleged Castellanos was a Mexican Mafia member and “undisputed leader” of Florencia 13 and its associated “cliques,” and that he received payments from the gang’s illegal activities into his inmate trust account.\u003c/p>\n\u003cp>The indictment cites as evidence the rules allegedly written by Castellanos from his prison cell that established leadership positions within the F13’s territory in the Florence-Firestone area of Los Angeles.\u003c/p>\n\u003cp>“These ‘shot callers’ were then ordered to coordinate the illegal distribution of drugs and other criminal activities, to ensure that extortionate taxes were collected, and otherwise to oversee their respective portions of the gang’s territory, such as by resolving disputes both among F13 gang members and associates and with members of other Los Angeles gangs,” the indictment states.\u003c/p>\n\u003cp>\u003cstrong>Turf battle with African-American rivals\u003c/strong>\u003c/p>\n\u003cp>Other edicts allegedly issued by Castellanos guided Florencia 13 into a turf battle against rival gangs. The action triggered a wave of racial violence against African-Americans, according to court documents. More than 20 people were killed.\u003c/p>\n\u003cp>Prosecutors allege Castellanos continued to discuss gang business in meetings with visitors at Pelican Bay as recently as 2011 and in the aftermath of an earlier hunger strike.\u003c/p>\n\u003cp>A separate indictment released in August alleges Mexican Mafia members attempted to form an alliance with operatives from a powerful Mexican drug cartel, with approval from leaders at Pelican Bay.\u003c/p>\n\u003cp>In a \u003ca href=\"http://sfbayview.com/2013/we-dare-to-stand-united-with-all-racial-groups-to-say-enough-is-enough-while-cdcr-and-fbi-collaborate-to-break-our-hunger-strike/\" target=\"_blank\">letter\u003c/a> released by inmate advocates, Castellanos denounced the federal investigation as a “set-up” and described Florencia 13 as his “old childhood street gang.” He has also questioned why the feds only named him as an unindicted co-conspirator (Castellanos and the secret note were also mentioned in a 2007 indictment against other alleged gang members).\u003c/p>\n\u003cp>Peter Hernandez, a former Assistant U.S. Attorney who handled an earlier Mexican Mafia investigation, said the government at that time concluded it was safer to keep Castellanos in isolation and not pull him out of Pelican Bay for court hearings in Los Angeles, which would have been required had he been indicted.\u003c/p>\n\u003cp>\"It was important that … Castellanos not be let out, because he holds sway over gang members to do things they would otherwise not want to do,\" Hernandez said.\u003c/p>\n\u003cp>The Mexican Mafia's influence on the streets stems in part from its power inside California jails and prisons. Anyone who ignores the group's edicts faces likely retaliation if they end up behind bars.\u003c/p>\n\u003cp>\u003cstrong>Castellanos \"wants to be indicted\"\u003c/strong>\u003c/p>\n\u003cp>\u003ca href=\"http://www.youtube.com/watch?v=XEvsD7pyp5w\">Rene Enriquez\u003c/a>, a former Mexican Mafia leader who is cooperating with federal prosecutors, said Castellanos’ brazen style suggests he wants to be indicted and sent to federal prison where he can enjoy a host of privileges banned at Pelican Bay, including monthly phone calls and freedom of movement in a general population facility.\u003c/p>\n\u003cp>“I believe one of his objectives is to get [transferred] to federal prison to further his business plan,” Enriquez said.\u003c/p>\n\u003cp>Castellanos’ actions — in running criminal conspiracies and in organizing protests – are driven by an unquenchable thirst for power and recognition, according to Enriquez.\u003c/p>\n\u003cp>“He wants to place himself, through this megalomaniacal sense of importance, on this pedestal where he is looked at as one of the chieftains of the mob,” he said.\u003c/p>\n\u003cp>\u003cem>Click on each highlighted area to learn more about it. Click on text to read a print version of the note. You can also \u003ca href=\"http://www.kqed.org/documentcloud/?doc=785758-plaintiffs-exhibit-700-4\" target=\"_blank\">view a larger version\u003c/a> of this document. \u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"http://www.kqed.org/documentcloud/?doc=785758-plaintiffs-exhibit-700-4\" width=\"1180\" height=\"1000\" scrolling=\"yes\" class=\"iframe-class\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_111608\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://www.kqed.org/documentcloud/?doc=785758-plaintiffs-exhibit-700-4\">\u003cimg class=\"size-full wp-image-111608 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/kite.jpg\" alt=\"The original note was written on a small scrap of paper known as a kite, smuggled out of the prison and then re-copied in larger print.\" width=\"640\" height=\"360\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">\u003cstrong>A note that was written on a small scrap of paper known as a kite, smuggled out of prison and then recopied in larger print, lays out specific rules for Mexican Mafia members on the street. Click on the image and hit the 'text' tab to read a typed version of the communique.\u003c/strong>\u003c/figcaption>\u003c/figure>\n\u003cp>Running a criminal organization while locked inside one of America's most secure prisons requires imagination, cunning and ruthlessness. It also demands a firm set of rules and a way to impose them on operatives on the streets, often violent and obstreperous gang members.\u003c/p>\n\u003cp>A secret letter allegedly sent from an inmate at Pelican Bay State Prison in Northern California to members of Florencia 13, a multi-generational street gang in south Los Angeles, details a covert network that has enriched the state’s most powerful prison gang, the Mexican Mafia.\u003c/p>\n\u003cp>The note was originally written in tiny script on a small scrap of paper known as a “kite,” smuggled out of Pelican Bay, recopied and then distributed to street gang members, according to federal prosecutors who are using it as evidence in a major \u003ca href=\"http://www.latimes.com/local/lanow/la-me-ln-mexican-mafia-drug-cartel-20130806,0,204716.story\">crackdown\u003c/a> in Los Angeles.\u003c/p>\n\u003cp>The letter outlines rules, or \u003cem>reglas\u003c/em>, drawn up by Mexican Mafia members for associates operating on the streets. They include:\u003c/p>\n\u003cul>\n\u003cli>How street gangs and their sub-groups are governed, including the election of a president and vice president by “majority votes.”\u003c/li>\n\u003cli>How drug sales, prostitution and other illegal activities are organized and “taxed,” with a percentage going to gang leaders behind bars.\u003c/li>\n\u003cli>How disputes are settled.\u003c/li>\n\u003cli>How assaults and murders are authorized.\u003c/li>\n\u003cli>How snitches and sex offenders are rooted out and punished.\u003c/li>\n\u003c/ul>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cfigure id=\"attachment_111796\" class=\"wp-caption alignright\" style=\"max-width: 197px\">\u003cimg class=\"size-medium wp-image-111796\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/Castellanos-225x300.jpg\" alt=\"Castellanos\" width=\"197\" height=\"263\">\u003cfigcaption class=\"wp-caption-text\">Arturo Castellanos (Photo: Dept. of Corrections and Rehabilitation)\u003c/figcaption>\u003c/figure>\n\u003cp>“We are forewarning everyone to cautiously respect these reglas and know there’s no 2\u003csup>nd\u003c/sup> chance,” reads the message, which was allegedly written by Arturo Castellanos, a convicted murderer who has been held in isolation at Pelican Bay since 1990. “We are Emeros (Mexican Mafia members) and we expect that these reglas are followed and respected by all true south-side Florencianos and Florencianas.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Hunger strike leader\u003c/strong>\u003c/p>\n\u003cp>Earlier this summer, Castellanos and three other inmates organized a two-month \u003ca href=\"http://blogs.kqed.org/stateofhealth/2013/08/30/prison-hunger-strikers-getting-by-on-gatorade-vitamins/\">hunger strike \u003c/a>over\u003ca href=\"http://ww2.kqed.org/news/prison+isolation+video\"> conditions\u003c/a> at Pelican Bay, where they and hundreds of other men have been held in special windowless cells, usually alone, for more than a decade. The action drew international attention and plaudits from a host of civil and human rights groups, including the ACLU and Amnesty International. They say conditions at Pelican Bay are unconstitutional and amount to slow torture.\u003c/p>\n\u003cp>To his supporters, Castellanos is a relentless campaigner for prisoner rights who has eschewed a history of violence to help coordinate peaceful protests behind bars.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'We are Emeros (Mexican Mafia members) and we expect that these reglas are followed and respected by all true south-side Florencianos and Florencianas.'\u003c/aside>\n\u003cp>Leaders of the hunger strike, including Castellanos, only agreed to call off the protest after California lawmakers promised hearings and possible legislation to address complaints about prison gang policy and isolation units.\u003c/p>\n\u003cp>State corrections officials say conditions in the units are humane and that the severe restrictions are necessary to curtail gang communications. They allege the protest leaders have a hidden agenda — strengthening the hand of criminal groups that control drug and extortion rackets behind bars and on the streets.\u003c/p>\n\u003cp>\u003cstrong>Prosecutors in L.A. charge Castellanos\u003c/strong>\u003c/p>\n\u003cp>In August, federal prosecutors in Los Angeles named Castellanos in an \u003ca href=\"https://www.documentcloud.org/documents/797696-mexican-mafia-f13-indictment-2.html\">indictment\u003c/a> alleging a host of narcotics, firearms and fraud offenses, all carried out from his cell at Pelican Bay.\u003c/p>\n\u003cp>Prosecutors alleged Castellanos was a Mexican Mafia member and “undisputed leader” of Florencia 13 and its associated “cliques,” and that he received payments from the gang’s illegal activities into his inmate trust account.\u003c/p>\n\u003cp>The indictment cites as evidence the rules allegedly written by Castellanos from his prison cell that established leadership positions within the F13’s territory in the Florence-Firestone area of Los Angeles.\u003c/p>\n\u003cp>“These ‘shot callers’ were then ordered to coordinate the illegal distribution of drugs and other criminal activities, to ensure that extortionate taxes were collected, and otherwise to oversee their respective portions of the gang’s territory, such as by resolving disputes both among F13 gang members and associates and with members of other Los Angeles gangs,” the indictment states.\u003c/p>\n\u003cp>\u003cstrong>Turf battle with African-American rivals\u003c/strong>\u003c/p>\n\u003cp>Other edicts allegedly issued by Castellanos guided Florencia 13 into a turf battle against rival gangs. The action triggered a wave of racial violence against African-Americans, according to court documents. More than 20 people were killed.\u003c/p>\n\u003cp>Prosecutors allege Castellanos continued to discuss gang business in meetings with visitors at Pelican Bay as recently as 2011 and in the aftermath of an earlier hunger strike.\u003c/p>\n\u003cp>A separate indictment released in August alleges Mexican Mafia members attempted to form an alliance with operatives from a powerful Mexican drug cartel, with approval from leaders at Pelican Bay.\u003c/p>\n\u003cp>In a \u003ca href=\"http://sfbayview.com/2013/we-dare-to-stand-united-with-all-racial-groups-to-say-enough-is-enough-while-cdcr-and-fbi-collaborate-to-break-our-hunger-strike/\" target=\"_blank\">letter\u003c/a> released by inmate advocates, Castellanos denounced the federal investigation as a “set-up” and described Florencia 13 as his “old childhood street gang.” He has also questioned why the feds only named him as an unindicted co-conspirator (Castellanos and the secret note were also mentioned in a 2007 indictment against other alleged gang members).\u003c/p>\n\u003cp>Peter Hernandez, a former Assistant U.S. Attorney who handled an earlier Mexican Mafia investigation, said the government at that time concluded it was safer to keep Castellanos in isolation and not pull him out of Pelican Bay for court hearings in Los Angeles, which would have been required had he been indicted.\u003c/p>\n\u003cp>\"It was important that … Castellanos not be let out, because he holds sway over gang members to do things they would otherwise not want to do,\" Hernandez said.\u003c/p>\n\u003cp>The Mexican Mafia's influence on the streets stems in part from its power inside California jails and prisons. Anyone who ignores the group's edicts faces likely retaliation if they end up behind bars.\u003c/p>\n\u003cp>\u003cstrong>Castellanos \"wants to be indicted\"\u003c/strong>\u003c/p>\n\u003cp>\u003ca href=\"http://www.youtube.com/watch?v=XEvsD7pyp5w\">Rene Enriquez\u003c/a>, a former Mexican Mafia leader who is cooperating with federal prosecutors, said Castellanos’ brazen style suggests he wants to be indicted and sent to federal prison where he can enjoy a host of privileges banned at Pelican Bay, including monthly phone calls and freedom of movement in a general population facility.\u003c/p>\n\u003cp>“I believe one of his objectives is to get [transferred] to federal prison to further his business plan,” Enriquez said.\u003c/p>\n\u003cp>Castellanos’ actions — in running criminal conspiracies and in organizing protests – are driven by an unquenchable thirst for power and recognition, according to Enriquez.\u003c/p>\n\u003cp>“He wants to place himself, through this megalomaniacal sense of importance, on this pedestal where he is looked at as one of the chieftains of the mob,” he said.\u003c/p>\n\u003cp>\u003cem>Click on each highlighted area to learn more about it. Click on text to read a print version of the note. You can also \u003ca href=\"http://www.kqed.org/documentcloud/?doc=785758-plaintiffs-exhibit-700-4\" target=\"_blank\">view a larger version\u003c/a> of this document. \u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Can Potential Jurors Be Barred Based on Sexual Orientation?",
"title": "Can Potential Jurors Be Barred Based on Sexual Orientation?",
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"content": "\u003cp>Can lawyers remove prospective jurors from a case based on their sexual orientation?\u003c/p>\n\u003cfigure id=\"attachment_111755\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/9thcurcuitcourt-640.jpg\">\u003cimg class=\"size-medium wp-image-111755\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/9thcurcuitcourt-640-300x206.jpg\" alt=\"The Ninth Circuit Court of Appeals is seen September 17, 2003 in San Francisco, California. (Justin Sullivan/Getty Images)\" width=\"300\" height=\"206\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Ninth Circuit Court of Appeals in San Francisco. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>That's one of the questions before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in San Francisco, which heard oral arguments Wednesday.\u003c/p>\n\u003cp>Lawyers are prohibited from removing people from jury pools based on race or gender. But the U.S. Supreme Court has never ruled on sexual orientation.\u003c/p>\n\u003cp>KQED's \u003cstrong>Mina Kim\u003c/strong> spoke with UC Davis Law Professor \u003cstrong>Vik Amar\u003c/strong> about the facts of the case.\u003c/p>\n\u003cp>Listen to an extended interview:\u003c/p>\n\u003cdiv>\n\u003cdiv class=\"embedly\">\u003ciframe src=\"https://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F111163307&show_artwork=true&maxwidth=900\" frameborder=\"no\" scrolling=\"no\" width=\"640\" height=\"166\">\u003c/iframe>\n\u003cdiv class=\"embedly-clear\">\u003c/div>\n\u003cp>\u003cspan class=\"embedly-powered\" style=\"float: right\">\u003ca title=\"Powered by Embedly\" href=\"http://embed.ly?src=anywhere\" target=\"_blank\">\u003cimg src=\"//static.embed.ly/images/logos/embedly-powered-small-light.png\" alt=\"Embedly Powered\">\u003c/a>\u003c/span>\u003c/p>\n\u003cdiv class=\"media-attribution\">\u003cspan>via \u003c/span>\u003ca class=\"media-attribution-link\" href=\"http://soundcloud.com\" target=\"_blank\">SoundCloud\u003c/a>\u003c/div>\n\u003cdiv class=\"embedly-clear\">\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003cp>Here's an edited transcript of the discussion:\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>MINA KIM\u003c/strong>: Professor Amar, this question of whether sexual orientation is protected the same way race and gender are in jury selection is actually part of a case that involves two pharmaceutical companies who produce HIV medicines.\u003c/p>\n\u003cp>Abbott Laboratories and SmithKlineBeecham are the two companies involved in the case, and SmithKline is being joined by gay-rights activists Lambda Legal and other groups in saying that the juror was wrongfully removed. What are their arguments about the harm that's being done here?\u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>VIK AMAR\u003c/strong>: It's in the context of a case between two companies that was already in court – being fought over – that one of the lawyers for one of the parties exercised a peremptory challenge and more or less admitted that it was based on sexual orientation. The other party in the case cried foul, and is now asking the court to prevent that from being put into effect.\u003c/p>\n\u003cp>You might ask, \"Well, why does it really matter?\" And I think it does matter because being able to serve on juries is very important symbolically of full citizenship in the United States. Jury service has always been conceived in American constitutional history as being very closely related to voting in elections. And so when you say to a group you're able to be excluded from jury service because of some characteristic, you're basically saying that that group is not going to have as big a say in helping shape and fashion and implement the laws under which we all live.\u003c/p>\n\u003cp>\u003cstrong>KIM\u003c/strong>: What do lawyers for Abbott Laboratories, the company that removed the juror, say about why they did it?\u003c/p>\n\u003cp>\u003cstrong>AMAR\u003c/strong>: Well, it's unusual for a lawyer to admit a basis for a peremptory challenge that is arguably constitutionally problematic. For example, in the context of race or gender, even when a lawyer exercises peremptory challenges that conform to a pattern of racial or gender removal, they will often explain their peremptory challenges on grounds that have nothing to do with race and gender. It's like, \"Oh, I removed that guy not because he was African-American but because he had a mustache. And I removed that woman, not because she was Latina, but because she was short.\"\u003c/p>\n\u003cp>So one of the unusual things in this case is that the lawyer more or less conceded that sexual orientation was on his or her mind when the peremptory challenge was being invoked.\u003c/p>\n\u003cp>\u003cstrong>KIM\u003c/strong>: The judges reportedly gave little indication today of how they'll rule on this question of sexual orientation. Whatever they do will be a big deal though, I imagine.\u003c/p>\n\u003cp>\u003cstrong>AMAR\u003c/strong>: It will. It will garner some headlines. You know, this is not the most significant constitutional issue that is percolating in the courts and even within the gay/lesbian rights movement. It's not probably as important as gay marriage, but I would say it does have tremendous symbolic significance because of its tie to full and equal citizenship.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>And I would also add that if the courts decide that it is improper to exclude a juror because of his or her sexual orientation on the theory that discrimination against people who are gay or lesbian is presumptively, constitutionally wrong, then that reasoning would have relevance and application to the same-sex marriage context, which is why the Supreme Court, if it were to grant review of this Ninth Circuit case, and I'm not saying it would, but if were to grant review of the Ninth Circuit case, it would realize that anything it said in this area would have implications for the marriage arena as well.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Can lawyers remove prospective jurors from a case based on their sexual orientation?\u003c/p>\n\u003cfigure id=\"attachment_111755\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/9thcurcuitcourt-640.jpg\">\u003cimg class=\"size-medium wp-image-111755\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/9thcurcuitcourt-640-300x206.jpg\" alt=\"The Ninth Circuit Court of Appeals is seen September 17, 2003 in San Francisco, California. (Justin Sullivan/Getty Images)\" width=\"300\" height=\"206\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Ninth Circuit Court of Appeals in San Francisco. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>That's one of the questions before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in San Francisco, which heard oral arguments Wednesday.\u003c/p>\n\u003cp>Lawyers are prohibited from removing people from jury pools based on race or gender. But the U.S. Supreme Court has never ruled on sexual orientation.\u003c/p>\n\u003cp>KQED's \u003cstrong>Mina Kim\u003c/strong> spoke with UC Davis Law Professor \u003cstrong>Vik Amar\u003c/strong> about the facts of the case.\u003c/p>\n\u003cp>Listen to an extended interview:\u003c/p>\n\u003cdiv>\n\u003cdiv class=\"embedly\">\u003ciframe src=\"https://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F111163307&show_artwork=true&maxwidth=900\" frameborder=\"no\" scrolling=\"no\" width=\"640\" height=\"166\">\u003c/iframe>\n\u003cdiv class=\"embedly-clear\">\u003c/div>\n\u003cp>\u003cspan class=\"embedly-powered\" style=\"float: right\">\u003ca title=\"Powered by Embedly\" href=\"http://embed.ly?src=anywhere\" target=\"_blank\">\u003cimg src=\"//static.embed.ly/images/logos/embedly-powered-small-light.png\" alt=\"Embedly Powered\">\u003c/a>\u003c/span>\u003c/p>\n\u003cdiv class=\"media-attribution\">\u003cspan>via \u003c/span>\u003ca class=\"media-attribution-link\" href=\"http://soundcloud.com\" target=\"_blank\">SoundCloud\u003c/a>\u003c/div>\n\u003cdiv class=\"embedly-clear\">\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003cp>Here's an edited transcript of the discussion:\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>MINA KIM\u003c/strong>: Professor Amar, this question of whether sexual orientation is protected the same way race and gender are in jury selection is actually part of a case that involves two pharmaceutical companies who produce HIV medicines.\u003c/p>\n\u003cp>Abbott Laboratories and SmithKlineBeecham are the two companies involved in the case, and SmithKline is being joined by gay-rights activists Lambda Legal and other groups in saying that the juror was wrongfully removed. What are their arguments about the harm that's being done here?\u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>VIK AMAR\u003c/strong>: It's in the context of a case between two companies that was already in court – being fought over – that one of the lawyers for one of the parties exercised a peremptory challenge and more or less admitted that it was based on sexual orientation. The other party in the case cried foul, and is now asking the court to prevent that from being put into effect.\u003c/p>\n\u003cp>You might ask, \"Well, why does it really matter?\" And I think it does matter because being able to serve on juries is very important symbolically of full citizenship in the United States. Jury service has always been conceived in American constitutional history as being very closely related to voting in elections. And so when you say to a group you're able to be excluded from jury service because of some characteristic, you're basically saying that that group is not going to have as big a say in helping shape and fashion and implement the laws under which we all live.\u003c/p>\n\u003cp>\u003cstrong>KIM\u003c/strong>: What do lawyers for Abbott Laboratories, the company that removed the juror, say about why they did it?\u003c/p>\n\u003cp>\u003cstrong>AMAR\u003c/strong>: Well, it's unusual for a lawyer to admit a basis for a peremptory challenge that is arguably constitutionally problematic. For example, in the context of race or gender, even when a lawyer exercises peremptory challenges that conform to a pattern of racial or gender removal, they will often explain their peremptory challenges on grounds that have nothing to do with race and gender. It's like, \"Oh, I removed that guy not because he was African-American but because he had a mustache. And I removed that woman, not because she was Latina, but because she was short.\"\u003c/p>\n\u003cp>So one of the unusual things in this case is that the lawyer more or less conceded that sexual orientation was on his or her mind when the peremptory challenge was being invoked.\u003c/p>\n\u003cp>\u003cstrong>KIM\u003c/strong>: The judges reportedly gave little indication today of how they'll rule on this question of sexual orientation. Whatever they do will be a big deal though, I imagine.\u003c/p>\n\u003cp>\u003cstrong>AMAR\u003c/strong>: It will. It will garner some headlines. You know, this is not the most significant constitutional issue that is percolating in the courts and even within the gay/lesbian rights movement. It's not probably as important as gay marriage, but I would say it does have tremendous symbolic significance because of its tie to full and equal citizenship.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>And I would also add that if the courts decide that it is improper to exclude a juror because of his or her sexual orientation on the theory that discrimination against people who are gay or lesbian is presumptively, constitutionally wrong, then that reasoning would have relevance and application to the same-sex marriage context, which is why the Supreme Court, if it were to grant review of this Ninth Circuit case, and I'm not saying it would, but if were to grant review of the Ninth Circuit case, it would realize that anything it said in this area would have implications for the marriage arena as well.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "Brown Wants Extension on Inmate Transfers, But Corrections Department Making Preparations",
"headTitle": "Brown Wants Extension on Inmate Transfers, But Corrections Department Making Preparations | KQED",
"content": "\u003cp>\u003cstrong>By Scott Detrow\u003c/strong>\u003c/p>\n\u003cp>Facing a looming deadline to move about 8,000 inmates out of California’s prison system, Gov. Jerry Brown is once again asking federal judges for an extension. \u003ca href=\"https://www.documentcloud.org/documents/788813-4803-main.html\">In a request filed Monday\u003c/a>, the administration asked the panel to move the deadline from Dec. 31 to the end of 2016.\u003c/p>\n\u003cfigure id=\"attachment_110461\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-110461\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/RS50_ChinoStatePrisonInmates20130108-scr-300x215.jpg\" alt=\"FILE PHOTO: Prisoners at Chino State Prison, one of many California correctional institutions with a history of severe overcrowding. (Kevork Djansezian/Getty Images)\" width=\"300\" height=\"215\">\u003cfigcaption class=\"wp-caption-text\">FILE PHOTO: Prisoners at the California Institution For Men in Chino, one of many California correctional institutions with a history of severe overcrowding. (Kevork Djansezian/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The extra time would allow California to implement a\u003ca href=\"http://ww2.kqed.org/news/2013/09/09/gov-brown-legislative-leaders-announce-deal-on-prison-overcrowding-plans/\"> plan authorized by SB 105, which passed the Legislature last week with near-unanimous support.\u003c/a> \u003cem>\u003c/em>The state would spend hundreds of millions of dollars on recidivism reduction, job training and other programs designed to keep people out of jail. If the judges reject the request, the state would move forward with \u003ca href=\"http://ww2.kqed.org/news/2013/08/27/brown-california-prisons/\">a 3-year, $1.1 billion plan moving thousands of inmates to privately run prisons in other states.\u003c/a>\u003c/p>\n\u003cp>But California’s Department of Corrections and Rehabilitation isn’t waiting around for the judge’s response. As Brown and legislative leaders focus attention on their rehabilitation and treatment-centered approach, the department is already laying the groundwork for relocating prisoners. Corrections committees are already screening and processing inmates, looking for possible out-of-state transfer candidates. The actual transfers will likely begin in about two weeks.\u003c/p>\n\u003cp>That’s leading to panicked phone calls like the one Monay Cherry received from her fiancé, Maurice Vale. “He doesn’t want to go,” she said, recalling the tense conversation. “He was really distracted. And I had to tell him to calm down and go read his Bible.”\u003cstrong>\u003c/strong>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>“The Prisoners Are Terrified”\u003c/strong>\u003c/p>\n\u003cp>Vale is an inmate at Deuel Vocational Institution in Tracy, a vocation-focused prison in San Joaquin County. Cherry said Vale was called in Monday afternoon, along with about 30 other prisoners, and told he’s being processed for an out-of-state transfer. That worries her, she said, because it’s hard enough to visit a prison two hours away. “So if he was to go out of state, I probably wouldn’t be able to make it. And if I did make it, I don’t even know what the criteria is for me to be OK’d (to visit).”\u003c/p>\n\u003cp>\u003c!--more-->Cherry is one of several concerned family members who have contacted the Berkeley-based Prison Law Office since screening began. Rebekah Evanson is an attorney with the nonprofit public interest law firm, which has played a major role in the case at the heart of the federal population order. “I can tell you the prisoners are terrified and their families are very worried,” Evanson said.\u003c/p>\n\u003cp>Evanson said moving prisoners out of state is too costly, and bad policy. Governor Brown doesn’t like it either, but argued California has no other choice – unless the judges give the state another extension.\u003c/p>\n\u003cp>Of course, earlier this year the judges blasted the governor for “repeated failure” to reach the court-mandated population goal, and pointed out the state has had four years to comply, and has already received one extension.\u003c/p>\n\u003cp>\u003cstrong>Transfers Begin In Two Weeks\u003c/strong>\u003c/p>\n\u003cp>The state has asked federal judges to respond to the request for an extension by the end of September. Corrections Secretary Jeffrey Beard says his department can’t just sit around and wait for the ruling.\u003c/p>\n\u003cp>“We’re preparing if we have to move people out of state,” he said. “Everybody’s moving ahead full speed as if we’ll have to do that. We’re hoping we won’t have to, but if we do we’ll be ready.”\u003c/p>\n\u003cp>Beard said about 5,500 inmates would likely be moved. The state hasn’t finalized any agreements with private prison companies yet, but facilities in Colorado, Oklahoma, Michigan and Minnesota are all possible locations.\u003c/p>\n\u003cp>“We would probably begin the first week of October moving inmates, if we don’t hear something one way or the other,” Beard said.\u003c/p>\n\u003cp>Like Brown, Beard said he prefers the rehabilitation-focused plan that Senate President Pro Tem Darrell Steinberg pushed for during negotiations. “It would be good for California because it would actually allow California to have those durable remedies that everybody would like us to have,” he said.\u003c/p>\n\u003cp>But the department isn’t doing anything yet to implement what Brown, Steinberg and other legislative leaders are referring to as “Plan A.” “There’s really nothing for us to do at this point until we see whether or not we have to go out of state,” he explained.\u003c/p>\n\u003cp>This doesn’t bother Steinberg. In a statement, spokesman Rhys Williams said, “While California awaits the Federal Court’s response to that plan, it makes sense to begin preparations now for the insurance plan, which is an enormous and expensive operation.”\u003c/p>\n\u003cp>\u003cem>Listen to the \u003ca href=\"http://www.californiareport.org/archive/R201309180850/a\">California Report story\u003c/a> here:\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>\u003cstrong>Michael Montgomery contributed to this report. \u003c/strong>\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>By Scott Detrow\u003c/strong>\u003c/p>\n\u003cp>Facing a looming deadline to move about 8,000 inmates out of California’s prison system, Gov. Jerry Brown is once again asking federal judges for an extension. \u003ca href=\"https://www.documentcloud.org/documents/788813-4803-main.html\">In a request filed Monday\u003c/a>, the administration asked the panel to move the deadline from Dec. 31 to the end of 2016.\u003c/p>\n\u003cfigure id=\"attachment_110461\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-110461\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/RS50_ChinoStatePrisonInmates20130108-scr-300x215.jpg\" alt=\"FILE PHOTO: Prisoners at Chino State Prison, one of many California correctional institutions with a history of severe overcrowding. (Kevork Djansezian/Getty Images)\" width=\"300\" height=\"215\">\u003cfigcaption class=\"wp-caption-text\">FILE PHOTO: Prisoners at the California Institution For Men in Chino, one of many California correctional institutions with a history of severe overcrowding. (Kevork Djansezian/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The extra time would allow California to implement a\u003ca href=\"http://ww2.kqed.org/news/2013/09/09/gov-brown-legislative-leaders-announce-deal-on-prison-overcrowding-plans/\"> plan authorized by SB 105, which passed the Legislature last week with near-unanimous support.\u003c/a> \u003cem>\u003c/em>The state would spend hundreds of millions of dollars on recidivism reduction, job training and other programs designed to keep people out of jail. If the judges reject the request, the state would move forward with \u003ca href=\"http://ww2.kqed.org/news/2013/08/27/brown-california-prisons/\">a 3-year, $1.1 billion plan moving thousands of inmates to privately run prisons in other states.\u003c/a>\u003c/p>\n\u003cp>But California’s Department of Corrections and Rehabilitation isn’t waiting around for the judge’s response. As Brown and legislative leaders focus attention on their rehabilitation and treatment-centered approach, the department is already laying the groundwork for relocating prisoners. Corrections committees are already screening and processing inmates, looking for possible out-of-state transfer candidates. The actual transfers will likely begin in about two weeks.\u003c/p>\n\u003cp>That’s leading to panicked phone calls like the one Monay Cherry received from her fiancé, Maurice Vale. “He doesn’t want to go,” she said, recalling the tense conversation. “He was really distracted. And I had to tell him to calm down and go read his Bible.”\u003cstrong>\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>“The Prisoners Are Terrified”\u003c/strong>\u003c/p>\n\u003cp>Vale is an inmate at Deuel Vocational Institution in Tracy, a vocation-focused prison in San Joaquin County. Cherry said Vale was called in Monday afternoon, along with about 30 other prisoners, and told he’s being processed for an out-of-state transfer. That worries her, she said, because it’s hard enough to visit a prison two hours away. “So if he was to go out of state, I probably wouldn’t be able to make it. And if I did make it, I don’t even know what the criteria is for me to be OK’d (to visit).”\u003c/p>\n\u003cp>\u003c!--more-->Cherry is one of several concerned family members who have contacted the Berkeley-based Prison Law Office since screening began. Rebekah Evanson is an attorney with the nonprofit public interest law firm, which has played a major role in the case at the heart of the federal population order. “I can tell you the prisoners are terrified and their families are very worried,” Evanson said.\u003c/p>\n\u003cp>Evanson said moving prisoners out of state is too costly, and bad policy. Governor Brown doesn’t like it either, but argued California has no other choice – unless the judges give the state another extension.\u003c/p>\n\u003cp>Of course, earlier this year the judges blasted the governor for “repeated failure” to reach the court-mandated population goal, and pointed out the state has had four years to comply, and has already received one extension.\u003c/p>\n\u003cp>\u003cstrong>Transfers Begin In Two Weeks\u003c/strong>\u003c/p>\n\u003cp>The state has asked federal judges to respond to the request for an extension by the end of September. Corrections Secretary Jeffrey Beard says his department can’t just sit around and wait for the ruling.\u003c/p>\n\u003cp>“We’re preparing if we have to move people out of state,” he said. “Everybody’s moving ahead full speed as if we’ll have to do that. We’re hoping we won’t have to, but if we do we’ll be ready.”\u003c/p>\n\u003cp>Beard said about 5,500 inmates would likely be moved. The state hasn’t finalized any agreements with private prison companies yet, but facilities in Colorado, Oklahoma, Michigan and Minnesota are all possible locations.\u003c/p>\n\u003cp>“We would probably begin the first week of October moving inmates, if we don’t hear something one way or the other,” Beard said.\u003c/p>\n\u003cp>Like Brown, Beard said he prefers the rehabilitation-focused plan that Senate President Pro Tem Darrell Steinberg pushed for during negotiations. “It would be good for California because it would actually allow California to have those durable remedies that everybody would like us to have,” he said.\u003c/p>\n\u003cp>But the department isn’t doing anything yet to implement what Brown, Steinberg and other legislative leaders are referring to as “Plan A.” “There’s really nothing for us to do at this point until we see whether or not we have to go out of state,” he explained.\u003c/p>\n\u003cp>This doesn’t bother Steinberg. In a statement, spokesman Rhys Williams said, “While California awaits the Federal Court’s response to that plan, it makes sense to begin preparations now for the insurance plan, which is an enormous and expensive operation.”\u003c/p>\n\u003cp>\u003cem>Listen to the \u003ca href=\"http://www.californiareport.org/archive/R201309180850/a\">California Report story\u003c/a> here:\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>\u003cstrong>Michael Montgomery contributed to this report. \u003c/strong>\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cfigure id=\"attachment_110955\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/09/11/us-mexico-border-contractors-immigration-surveillance/nogales-tower/\" rel=\"attachment wp-att-110955\">\u003cimg class=\"size-medium wp-image-110955 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/Nogales-Tower-300x225.jpg\" alt=\"Border surveillance tower on the U.S.-Mexico border near Nogales, Ariz. \" width=\"300\" height=\"225\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Border surveillance tower on the U.S.-Mexico border near Nogales, Ariz.\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>By Jude Joffe-Block\u003c/strong>\u003cbr>\n\u003cstrong>\u003ca href=\"http://www.fronterasdesk.org/\">Fronteras Desk\u003c/a>\u003c/strong>\u003c/p>\n\u003cp>\u003cem>This is the second in a two-part series with the Fronteras Desk, a public radio collaboration. \u003ca href=\"http://ww2.kqed.org/news/2013/09/11/us-mexico-border-contractors-immigration-surveillance\">Part One\u003c/a> looked at other technologies that border contractors would like to sell to the Department of Homeland Security, if immigration reform passes and contains new money for security.\u003c/em>\u003c/p>\n\u003cp>The federal government is in the midst of purchasing hundreds of millions of dollars’ worth of security equipment for the Southwest border. And Congress is considering spending tens of billions more. But the last time the government tried to go big with border security, it encountered some pitfalls. Federal officials are trying to learn from past mistakes as they shop for technology to secure a key stretch of the border.\u003c/p>\n\u003cp>Some of the most advanced technology on the border is on display at the U.S. Customs and Border Protection’s \u003ca href=\"http://www.cbp.gov/xp/cgov/border_security/border_patrol/border_patrol_sectors/tucson_sector_az/\">command center\u003c/a> in Tucson, Ariz. In many ways it is a model for what could come elsewhere on the border, including parts of California.\u003c/p>\n\u003cp>About 20 agents sit at desks facing large video monitors. When they fly drones over remote patches of desert, this is where the video comes in. Today the monitors show what cameras on the border fence see. Agent Mark Mitchell points to one monitor that looks black and white, but is actually displaying heat. He says this is an added tool for agents “because it will help them see people hiding in the bushes a little easier, versus the day camera, they can get lost in the brush.”\u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>Radar Sweeps in the Desert\u003c/strong>\u003c/p>\n\u003cp>These cameras have been around for some time. The building next door is where Customs and Border Protection has some of the newest technology, but I wasn’t allowed to visit. That is where agents receive information from more than a dozen surveillance towers in the desert that use both cameras and radar. They are called “integrated fixed towers.” Their radar sweeps for drug smugglers and illegal border crossers, and they transmit video. “Our agents can then determine whether that sweep is picking up, whether it is an animal, whether it is a person, whether it is a vehicle,” says Mitchell.\u003c/p>\n\u003cp>Those fixed towers were originally put up by Boeing, the contractor. They are still functional, but the bigger project Boeing tried to create -- an elaborate virtual fence called SBInet that would have integrated radar, cameras and sensors all along the Southwest border -- was deemed a failure. Thad Bingel, a Washington-based security consultant who used to be the chief of staff at Customs and Border Protection, explains the problems with the virtual fence like this: “The issue with SBInet was that it was overly ambitious,” he says.\u003c/p>\n\u003cp>There were missed deadlines, system bugs and escalating costs. After pouring a billion dollars into it without success, then-Homeland Security Secretary Janet Napolitano canceled SBInet in 2011. And it prompted the federal government to rethink how it approaches border technology. “It really caused an examination within the agency of going back and saying, ‘OK, we tried to design a system that did a lot of things, but didn't do it all very well, so let's focus instead on what do you actually need in these different places,\u003cstrong>’ ” \u003c/strong>says Bingel.\u003c/p>\n\u003cp>\u003cstrong>Huge Ground Surveillance Contract Bids\u003c/strong>\u003c/p>\n\u003cp>What they’ve decided they need is to start in southern Arizona with a $1.5 billion plan that includes more cameras and more integrated fixed towers. California sector chiefs hope for similar technology eventually. For now, competition for the Arizona contracts is heating up. The bid for towers will be the single-biggest ground surveillance contract since SBInet. But this time, the contracting process has changed.\u003c/p>\n\u003cp>Mark Borkowski works for the border agency’s Office of Technology Innovation and Acquisition. That’s a new office set up to prevent SBInet-size mistakes. He says a lot of things are different. This time, the agency doesn’t want to see just paper proposals. A half-dozen finalist companies had to build models and prove that their towers work -- on their own dime. This June the finalists -- which reportedly include Raytheon, Lockheed Martin and General Dynamics -- showed off their towers in the desert.\u003c/p>\n\u003cp>Borkowski says they were tested on: “How far can your camera see, how far can your radar see, and how confident, how likely is it that if there is something out there, it will actually see it? We call that probability of detection,” he says.\u003c/p>\n\u003cp>Some outside analysts are applauding the agency for taking a more risk-averse approach. Werner Dahm directs a security research institute at Arizona State University. “Having something that works in place, and can do the job well, is better than having something that maybe is more spectacular from a technology point of view but that ultimately doesn’t end up working,” says Dahm.\u003c/p>\n\u003cp>The agency is expected to name a winner for the integrated fixed towers contract by the end of the year. Meanwhile, a controversy is brewing among landholders. They’re angry that the government is planning to take pieces of their land by eminent domain in order to install these towers.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F110252242\" frameborder=\"no\" scrolling=\"no\" width=\"100%\" height=\"166\">\u003c/iframe>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_110955\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/09/11/us-mexico-border-contractors-immigration-surveillance/nogales-tower/\" rel=\"attachment wp-att-110955\">\u003cimg class=\"size-medium wp-image-110955 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/Nogales-Tower-300x225.jpg\" alt=\"Border surveillance tower on the U.S.-Mexico border near Nogales, Ariz. \" width=\"300\" height=\"225\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Border surveillance tower on the U.S.-Mexico border near Nogales, Ariz.\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>By Jude Joffe-Block\u003c/strong>\u003cbr>\n\u003cstrong>\u003ca href=\"http://www.fronterasdesk.org/\">Fronteras Desk\u003c/a>\u003c/strong>\u003c/p>\n\u003cp>\u003cem>This is the second in a two-part series with the Fronteras Desk, a public radio collaboration. \u003ca href=\"http://ww2.kqed.org/news/2013/09/11/us-mexico-border-contractors-immigration-surveillance\">Part One\u003c/a> looked at other technologies that border contractors would like to sell to the Department of Homeland Security, if immigration reform passes and contains new money for security.\u003c/em>\u003c/p>\n\u003cp>The federal government is in the midst of purchasing hundreds of millions of dollars’ worth of security equipment for the Southwest border. And Congress is considering spending tens of billions more. But the last time the government tried to go big with border security, it encountered some pitfalls. Federal officials are trying to learn from past mistakes as they shop for technology to secure a key stretch of the border.\u003c/p>\n\u003cp>Some of the most advanced technology on the border is on display at the U.S. Customs and Border Protection’s \u003ca href=\"http://www.cbp.gov/xp/cgov/border_security/border_patrol/border_patrol_sectors/tucson_sector_az/\">command center\u003c/a> in Tucson, Ariz. In many ways it is a model for what could come elsewhere on the border, including parts of California.\u003c/p>\n\u003cp>About 20 agents sit at desks facing large video monitors. When they fly drones over remote patches of desert, this is where the video comes in. Today the monitors show what cameras on the border fence see. Agent Mark Mitchell points to one monitor that looks black and white, but is actually displaying heat. He says this is an added tool for agents “because it will help them see people hiding in the bushes a little easier, versus the day camera, they can get lost in the brush.”\u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Radar Sweeps in the Desert\u003c/strong>\u003c/p>\n\u003cp>These cameras have been around for some time. The building next door is where Customs and Border Protection has some of the newest technology, but I wasn’t allowed to visit. That is where agents receive information from more than a dozen surveillance towers in the desert that use both cameras and radar. They are called “integrated fixed towers.” Their radar sweeps for drug smugglers and illegal border crossers, and they transmit video. “Our agents can then determine whether that sweep is picking up, whether it is an animal, whether it is a person, whether it is a vehicle,” says Mitchell.\u003c/p>\n\u003cp>Those fixed towers were originally put up by Boeing, the contractor. They are still functional, but the bigger project Boeing tried to create -- an elaborate virtual fence called SBInet that would have integrated radar, cameras and sensors all along the Southwest border -- was deemed a failure. Thad Bingel, a Washington-based security consultant who used to be the chief of staff at Customs and Border Protection, explains the problems with the virtual fence like this: “The issue with SBInet was that it was overly ambitious,” he says.\u003c/p>\n\u003cp>There were missed deadlines, system bugs and escalating costs. After pouring a billion dollars into it without success, then-Homeland Security Secretary Janet Napolitano canceled SBInet in 2011. And it prompted the federal government to rethink how it approaches border technology. “It really caused an examination within the agency of going back and saying, ‘OK, we tried to design a system that did a lot of things, but didn't do it all very well, so let's focus instead on what do you actually need in these different places,\u003cstrong>’ ” \u003c/strong>says Bingel.\u003c/p>\n\u003cp>\u003cstrong>Huge Ground Surveillance Contract Bids\u003c/strong>\u003c/p>\n\u003cp>What they’ve decided they need is to start in southern Arizona with a $1.5 billion plan that includes more cameras and more integrated fixed towers. California sector chiefs hope for similar technology eventually. For now, competition for the Arizona contracts is heating up. The bid for towers will be the single-biggest ground surveillance contract since SBInet. But this time, the contracting process has changed.\u003c/p>\n\u003cp>Mark Borkowski works for the border agency’s Office of Technology Innovation and Acquisition. That’s a new office set up to prevent SBInet-size mistakes. He says a lot of things are different. This time, the agency doesn’t want to see just paper proposals. A half-dozen finalist companies had to build models and prove that their towers work -- on their own dime. This June the finalists -- which reportedly include Raytheon, Lockheed Martin and General Dynamics -- showed off their towers in the desert.\u003c/p>\n\u003cp>Borkowski says they were tested on: “How far can your camera see, how far can your radar see, and how confident, how likely is it that if there is something out there, it will actually see it? We call that probability of detection,” he says.\u003c/p>\n\u003cp>Some outside analysts are applauding the agency for taking a more risk-averse approach. Werner Dahm directs a security research institute at Arizona State University. “Having something that works in place, and can do the job well, is better than having something that maybe is more spectacular from a technology point of view but that ultimately doesn’t end up working,” says Dahm.\u003c/p>\n\u003cp>The agency is expected to name a winner for the integrated fixed towers contract by the end of the year. Meanwhile, a controversy is brewing among landholders. They’re angry that the government is planning to take pieces of their land by eminent domain in order to install these towers.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F110252242\" frameborder=\"no\" scrolling=\"no\" width=\"100%\" height=\"166\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "'Revenge Porn' Bill Clears Assembly, Headed to Governor",
"headTitle": "‘Revenge Porn’ Bill Clears Assembly, Headed to Governor | KQED",
"content": "\u003cfigure id=\"attachment_111115\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/09/12/111078/revenge-porn-bill/rs2552_computers20120514-scr/\" rel=\"attachment wp-att-111115\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-111115 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/RS2552_computers20120514-scr-300x200.jpg\" alt=\"A new bill would criminalize 'revenge porn' photos and videos. Ryan Anson/AFP/Getty Images)\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A new bill would criminalize ‘revenge porn’ photos and videos. Ryan Anson/AFP/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>By Jenny Simeone\u003c/strong>\u003c/p>\n\u003cp>Jilted lovers have been known to make questionable decisions after being rejected by their exes, often without consequences. However, those who choose to humiliate through “revenge porn” — the public sharing of intimate photos or videos of exes — could soon find themselves facing misdemeanor charges in California.\u003c/p>\n\u003cp>This week state lawmakers passed \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB255&search_keywords=\">SB255\u003c/a>, a measure that would punish those who distribute intimate recordings or photographs of another person, without his or her consent, with the intent to cause emotional distress.\u003c/p>\n\u003cp>“People who post or text pictures that are meant to be private as a way to seek revenge are reprehensible,” noted SB255’s creator, Sen. Anthony Cannella (R-Ceres), in a \u003ca href=\"http://district12.cssrc.us/content/senator-cannella-strikes-back-cyber-revenge\">press release\u003c/a> in May. “Right now, there is no tool for law enforcement to protect the victims. Too many have had their lives upended because of an action of another that they trusted.”\u003c/p>\n\u003cp>The bill was approved last month in the Senate and cleared the Assembly on Wednesday in a unanimous vote. Changes in the measure’s language will be reconciled in the Senate before the bill is \u003ca href=\"http://www.bloomberg.com/news/2013-09-11/california-crackdown-on-revenge-porn-in-brown-s-hands.html\">sent to\u003c/a> Gov. Jerry Brown for final approval.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The bill was created \u003ca href=\"http://www.kcra.com/news/kcra-3-investigation-prompts-calif-lawmaker-to-introduce-revenge-porn-bill/-/11797728/20052858/-/u3f87az/-/index.html\">in response to\u003c/a> a \u003ca href=\"http://www.kcra.com/news/KCRA-investigation-preview-Revenge-porn/-/11797728/19978192/-/36cf8rz/-/index.html\">KCRA investigative report\u003c/a> conducted in May that broadcast the testimonies of revenge porn victims, and the lack of legislation allowing law enforcement officials to prosecute.\u003c/p>\n\u003cp>If SB255 becomes law, conviction on distributing revenge porn will carry a maximum fine of $1,000 and up to six months in jail. A second offense would bring the fine up to $2,000 and double the potential jail time.\u003c/p>\n\u003cp>These misdemeanors would not result in the perpetrator becoming a registered sex offender.\u003c/p>\n\u003cp>“It is unfortunate that we have to create legislation to protect individuals from the misuse of technology,” \u003ca href=\"http://district12.cssrc.us/content/senator-cannella-strikes-back-cyber-revenge\">said\u003c/a> Christine Ward, executive director of Crime Victims Action Alliance \u003ca href=\"http://www.cvactionalliance.com/about\">(CVAA)\u003c/a>. “I applaud Sen. Cannella for his efforts to prevent future victimization in California.”\u003c!--more-->\u003c/p>\n\u003cp>While the bill proposes that the state leap into the ambiguous and slippery territory of cyberlegislation, it only covers a \u003ca href=\"http://www.cnn.com/2013/08/29/tech/web/revenge-porn-law/index.html\">narrow sector\u003c/a> of revenge porn situations.\u003c/p>\n\u003cp>SB255 applies only when the person maliciously distributing an image is the person who shot it. So, self-taken intimate images sent to others, and later distributed without consent by the receiving party, are not protected by this legislation and will keep \u003ca href=\"http://www.theguardian.com/technology/2013/jul/14/how-selfies-became-a-global-phenomenon\">online revenge porn forums\u003c/a> in business.\u003c/p>\n\u003cp>Former Sacramento County Sheriff John McGinness said the bill is a step in the right direction but should cover “selfies” and involve harsher punishment.\u003c/p>\n\u003cp>“Those so-called selfies are produced at the request of recipients,” McGinness \u003ca href=\"//www.kcra.com/news/revenge-porn-bill-heads-to-gov-browns-desk/-/11797728/21896210/-/101qxd1/-/index.html\">told\u003c/a> KCRA. He sees the legislation as a positive but inadequate step in the right direction. “That goes back to what I believe creates an expectation of privacy. I don’t think it’s very effective (and) I don’t think it’s going to have the desired impact.”\u003c/p>\n\u003cp>Earlier this year, a similar bill was introduced by Florida lawmakers but failed to garner \u003ca href=\"http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=50026\">enough votes\u003c/a> to pass. \u003ca href=\"http://law.onecle.com/new-jersey/2c-the-new-jersey-code-of-criminal-justice/14-9.html\">New Jersey\u003c/a> is currently the only state with legislation that compares to SB255, which \u003ca href=\"http://www.njleg.state.nj.us/2002/Bills/A3500/3426_I1.PDF\">punishes\u003c/a> video voyeurs.\u003c/p>\n\u003cp>“The law does not keep up with the technology,” \u003ca href=\"http://district12.cssrc.us/content/senator-cannellas-bill-crack-down-cyber-revenge-receives-bipartisan-support\">noted\u003c/a> Cannella of the measure’s goals. “Hopefully (this) raises the bar enough where people think twice about engaging in this behavior because it’s ruined people’s lives.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp> \u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_111115\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/09/12/111078/revenge-porn-bill/rs2552_computers20120514-scr/\" rel=\"attachment wp-att-111115\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-111115 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/RS2552_computers20120514-scr-300x200.jpg\" alt=\"A new bill would criminalize 'revenge porn' photos and videos. Ryan Anson/AFP/Getty Images)\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A new bill would criminalize ‘revenge porn’ photos and videos. Ryan Anson/AFP/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>By Jenny Simeone\u003c/strong>\u003c/p>\n\u003cp>Jilted lovers have been known to make questionable decisions after being rejected by their exes, often without consequences. However, those who choose to humiliate through “revenge porn” — the public sharing of intimate photos or videos of exes — could soon find themselves facing misdemeanor charges in California.\u003c/p>\n\u003cp>This week state lawmakers passed \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB255&search_keywords=\">SB255\u003c/a>, a measure that would punish those who distribute intimate recordings or photographs of another person, without his or her consent, with the intent to cause emotional distress.\u003c/p>\n\u003cp>“People who post or text pictures that are meant to be private as a way to seek revenge are reprehensible,” noted SB255’s creator, Sen. Anthony Cannella (R-Ceres), in a \u003ca href=\"http://district12.cssrc.us/content/senator-cannella-strikes-back-cyber-revenge\">press release\u003c/a> in May. “Right now, there is no tool for law enforcement to protect the victims. Too many have had their lives upended because of an action of another that they trusted.”\u003c/p>\n\u003cp>The bill was approved last month in the Senate and cleared the Assembly on Wednesday in a unanimous vote. Changes in the measure’s language will be reconciled in the Senate before the bill is \u003ca href=\"http://www.bloomberg.com/news/2013-09-11/california-crackdown-on-revenge-porn-in-brown-s-hands.html\">sent to\u003c/a> Gov. Jerry Brown for final approval.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The bill was created \u003ca href=\"http://www.kcra.com/news/kcra-3-investigation-prompts-calif-lawmaker-to-introduce-revenge-porn-bill/-/11797728/20052858/-/u3f87az/-/index.html\">in response to\u003c/a> a \u003ca href=\"http://www.kcra.com/news/KCRA-investigation-preview-Revenge-porn/-/11797728/19978192/-/36cf8rz/-/index.html\">KCRA investigative report\u003c/a> conducted in May that broadcast the testimonies of revenge porn victims, and the lack of legislation allowing law enforcement officials to prosecute.\u003c/p>\n\u003cp>If SB255 becomes law, conviction on distributing revenge porn will carry a maximum fine of $1,000 and up to six months in jail. A second offense would bring the fine up to $2,000 and double the potential jail time.\u003c/p>\n\u003cp>These misdemeanors would not result in the perpetrator becoming a registered sex offender.\u003c/p>\n\u003cp>“It is unfortunate that we have to create legislation to protect individuals from the misuse of technology,” \u003ca href=\"http://district12.cssrc.us/content/senator-cannella-strikes-back-cyber-revenge\">said\u003c/a> Christine Ward, executive director of Crime Victims Action Alliance \u003ca href=\"http://www.cvactionalliance.com/about\">(CVAA)\u003c/a>. “I applaud Sen. Cannella for his efforts to prevent future victimization in California.”\u003c!--more-->\u003c/p>\n\u003cp>While the bill proposes that the state leap into the ambiguous and slippery territory of cyberlegislation, it only covers a \u003ca href=\"http://www.cnn.com/2013/08/29/tech/web/revenge-porn-law/index.html\">narrow sector\u003c/a> of revenge porn situations.\u003c/p>\n\u003cp>SB255 applies only when the person maliciously distributing an image is the person who shot it. So, self-taken intimate images sent to others, and later distributed without consent by the receiving party, are not protected by this legislation and will keep \u003ca href=\"http://www.theguardian.com/technology/2013/jul/14/how-selfies-became-a-global-phenomenon\">online revenge porn forums\u003c/a> in business.\u003c/p>\n\u003cp>Former Sacramento County Sheriff John McGinness said the bill is a step in the right direction but should cover “selfies” and involve harsher punishment.\u003c/p>\n\u003cp>“Those so-called selfies are produced at the request of recipients,” McGinness \u003ca href=\"//www.kcra.com/news/revenge-porn-bill-heads-to-gov-browns-desk/-/11797728/21896210/-/101qxd1/-/index.html\">told\u003c/a> KCRA. He sees the legislation as a positive but inadequate step in the right direction. “That goes back to what I believe creates an expectation of privacy. I don’t think it’s very effective (and) I don’t think it’s going to have the desired impact.”\u003c/p>\n\u003cp>Earlier this year, a similar bill was introduced by Florida lawmakers but failed to garner \u003ca href=\"http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=50026\">enough votes\u003c/a> to pass. \u003ca href=\"http://law.onecle.com/new-jersey/2c-the-new-jersey-code-of-criminal-justice/14-9.html\">New Jersey\u003c/a> is currently the only state with legislation that compares to SB255, which \u003ca href=\"http://www.njleg.state.nj.us/2002/Bills/A3500/3426_I1.PDF\">punishes\u003c/a> video voyeurs.\u003c/p>\n\u003cp>“The law does not keep up with the technology,” \u003ca href=\"http://district12.cssrc.us/content/senator-cannellas-bill-crack-down-cyber-revenge-receives-bipartisan-support\">noted\u003c/a> Cannella of the measure’s goals. “Hopefully (this) raises the bar enough where people think twice about engaging in this behavior because it’s ruined people’s lives.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp> \u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Google Loses Round in 'Street View' Wiretapping Case ",
"title": "Google Loses Round in 'Street View' Wiretapping Case ",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/09/11/google-street-view-wiretapping-appeals-court-ruling/rs378_google_082411-scr/\" rel=\"attachment wp-att-110845\">\u003cimg class=\"alignright size-medium wp-image-110845\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/RS378_Google_082411-scr-300x189.jpg\" alt=\"Google \" width=\"300\" height=\"189\">\u003c/a>The 9th U.S. Circuit Court of Appeals in San Francisco \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/opinions/2013/09/10/11-17483.pdf\" target=\"_blank\">issued a unanimous ruling yesterday\u003c/a> refusing to throw out a lawsuit accusing Google of violating federal wiretapping laws. The suit alleges Google broke the law when it collected data from unencrypted Wi-Fi networks as part of its \u003ca href=\"http://en.wikipedia.org/wiki/Google_Street_View\" target=\"_blank\">Street View \u003c/a>project. Street View uses specially equipped vehicles — they carry a tall ungainly 360-degree camera on the roof — to capture on-the-ground images of thoroughfares. Among other things, the images are used to complement views in Google Maps and Google Earth.\u003c/p>\n\u003cp>But the Street View electronics are also capable of capturing information other than images. The devices also have the capacity to \"sniff\" data from unsecured wireless routers -- information the company can use to augment its location and mapping services. The company has faced complaints in several countries after privacy officials found it was grabbing bits of personal data from unsecured networks. Here's \u003ca href=\"http://www.wired.com/threatlevel/2013/09/googles-wifi-wiretapping/\" target=\"_blank\">Wired's summary\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>Google said it didn’t realize it was sniffing packets of data on unsecured Wi-Fi networks in about a dozen countries over a three-year period until German privacy authorities began questioning in 2010 what data Google’s Street View cars were collecting. Google, along with other companies, uses databases of Wi-Fi networks and their locations to augment or replace GPS when attempting to figure out the location of a computer or mobile device. Google had claimed the lawsuit was “without merit,” but has abandoned the practice of payload sniffing from open networks.\u003c/p>\u003c/blockquote>\n\u003cp>The net effect of Tuesday's ruling: The wiretapping lawsuit can proceed in U.S. District Court in San Jose. Google says it's \"disappointed\" with the ruling.\u003c!--more-->\u003c/p>\n\u003cp>Here's the Associated Press story on the case and yesterday's ruling:\u003c/p>\n\u003cp>\u003cstrong>MARTHA MENDOZA\u003cbr>\nAP National Writer\u003c/strong>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>A federal appeals court said Tuesday that Google wrongly collected people's personal correspondence and online activities through their Wi-Fi systems as it drove down their streets with car cameras shooting photos for its Street View mapping project.\u003c/p>\n\u003cp>The ruling that the practice violates wiretap laws sends a warning to other companies seeking to suck up vast amounts of data from unencrypted Wi-Fi signals.\u003c/p>\n\u003cp>\"The payload data transmitted over unencrypted Wi-Fi networks that was captured by Google included emails, usernames, passwords, images, and documents,\" wrote the U.S. Court of Appeals in San Francisco in a report released Tuesday\u003c/p>\n\u003cp>Google had argued that its activities were exempt from the wiretap law because data transmitted over a Wi-Fi network is a \"radio communication\" and is \"readily accessible to the public.\"\u003c/p>\n\u003cp>Not so, wrote the judges, agreeing with an earlier federal judge's ruling.\u003c/p>\n\u003cp>\"Even if it is commonplace for members of the general public to connect to a neighbor's unencrypted Wi-Fi network, members of the general public do not typically mistakenly intercept, store and decode data transmitted by other devices on the network,\" they said.\u003c/p>\n\u003cp>Google's Street View cars can be spotted with pole-mounted cameras on their roofs, photographing along roadways the world over. The photos then show up on Google's popular Street View map option, where viewers can virtually scroll along a street past homes, cars and shops, all captured in photographs.\u003c/p>\n\u003cp>But unbeknown to passers-by, those cameras weren't just making photos. They were also collecting detailed information transmitted over Wi-Fi networks they passed through.\u003c/p>\n\u003cp>Privacy experts and industry watchers said this was the first time an appeals court has ruled that it's illegal for a company to sniff out and collect private information from the Wi-Fi networks that provide Internet service to people at home. Google is also the first publicly known company to try.\u003c/p>\n\u003cp>\"This appeals court decision is a tremendous victory for privacy rights. It means Google can't suck up private communications from people's Wi-Fi networks and claim their Wi-Spying was exempt from federal wiretap laws,\" said John M. Simpson, Consumer Watchdog's privacy project director. \"Because Google's Wi-Spy activity was so extensive, the potential damages could amount to billions of dollars.\"\u003c/p>\n\u003cp>Marc Rotenberg, executive director of Electronic Privacy Information Center, called it \"a landmark decision for Internet privacy.\"\u003c/p>\n\u003cp>\"The court made clear that the federal privacy law applies to residential Wi-Fi networks,\" he said. \"Users should be protected when a company tries to capture data that travels between their laptop and their printer in their home.\"\u003c/p>\n\u003cp>A Google spokesperson said Tuesday that attorneys for the Internet giant are \"disappointed in the 9th Circuit's decision and are considering our next steps.\"\u003c/p>\n\u003cp>Attorney Elizabeth Cabraser, representing a class action of plaintiffs who say their privacy was invaded by Google, said Tuesday they look forward to resuming their case now that a federal appeals court has ruled in their favor.\u003c/p>\n\u003cp>Google has apologized for the snooping, which it says took place between 2008 and March 2010. It promised to stop collecting the data and said the practice, conducted in more than 30 countries, was inadvertent but not illegal.\u003c/p>\n\u003cp>Earlier this year Google settled a 37-state lawsuit for $7 million after attorneys general sued over what they said was an invasion of privacy for the data collection.\u003c/p>\n\u003cp>The practice was discovered by a German data protection commissioner in 2010. A few months later, Google co-founder Sergey Brin told conference-goers that the firm had made a mistake.\u003c/p>\n\u003cp>\"In short, let me just say that we screwed up,\" he said at the time.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Google says it has disabled the equipment that was collecting the data, and agreed to destroy the information as soon as possible. The company is currently obliged to hold it, unused, because of ongoing litigation.\u003c/p>\n\n",
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"excerpt": "A San Francisco appeals court says company's Wi-Fi snooping not exempt from legal action. ",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/09/11/google-street-view-wiretapping-appeals-court-ruling/rs378_google_082411-scr/\" rel=\"attachment wp-att-110845\">\u003cimg class=\"alignright size-medium wp-image-110845\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/RS378_Google_082411-scr-300x189.jpg\" alt=\"Google \" width=\"300\" height=\"189\">\u003c/a>The 9th U.S. Circuit Court of Appeals in San Francisco \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/opinions/2013/09/10/11-17483.pdf\" target=\"_blank\">issued a unanimous ruling yesterday\u003c/a> refusing to throw out a lawsuit accusing Google of violating federal wiretapping laws. The suit alleges Google broke the law when it collected data from unencrypted Wi-Fi networks as part of its \u003ca href=\"http://en.wikipedia.org/wiki/Google_Street_View\" target=\"_blank\">Street View \u003c/a>project. Street View uses specially equipped vehicles — they carry a tall ungainly 360-degree camera on the roof — to capture on-the-ground images of thoroughfares. Among other things, the images are used to complement views in Google Maps and Google Earth.\u003c/p>\n\u003cp>But the Street View electronics are also capable of capturing information other than images. The devices also have the capacity to \"sniff\" data from unsecured wireless routers -- information the company can use to augment its location and mapping services. The company has faced complaints in several countries after privacy officials found it was grabbing bits of personal data from unsecured networks. Here's \u003ca href=\"http://www.wired.com/threatlevel/2013/09/googles-wifi-wiretapping/\" target=\"_blank\">Wired's summary\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>Google said it didn’t realize it was sniffing packets of data on unsecured Wi-Fi networks in about a dozen countries over a three-year period until German privacy authorities began questioning in 2010 what data Google’s Street View cars were collecting. Google, along with other companies, uses databases of Wi-Fi networks and their locations to augment or replace GPS when attempting to figure out the location of a computer or mobile device. Google had claimed the lawsuit was “without merit,” but has abandoned the practice of payload sniffing from open networks.\u003c/p>\u003c/blockquote>\n\u003cp>The net effect of Tuesday's ruling: The wiretapping lawsuit can proceed in U.S. District Court in San Jose. Google says it's \"disappointed\" with the ruling.\u003c!--more-->\u003c/p>\n\u003cp>Here's the Associated Press story on the case and yesterday's ruling:\u003c/p>\n\u003cp>\u003cstrong>MARTHA MENDOZA\u003cbr>\nAP National Writer\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A federal appeals court said Tuesday that Google wrongly collected people's personal correspondence and online activities through their Wi-Fi systems as it drove down their streets with car cameras shooting photos for its Street View mapping project.\u003c/p>\n\u003cp>The ruling that the practice violates wiretap laws sends a warning to other companies seeking to suck up vast amounts of data from unencrypted Wi-Fi signals.\u003c/p>\n\u003cp>\"The payload data transmitted over unencrypted Wi-Fi networks that was captured by Google included emails, usernames, passwords, images, and documents,\" wrote the U.S. Court of Appeals in San Francisco in a report released Tuesday\u003c/p>\n\u003cp>Google had argued that its activities were exempt from the wiretap law because data transmitted over a Wi-Fi network is a \"radio communication\" and is \"readily accessible to the public.\"\u003c/p>\n\u003cp>Not so, wrote the judges, agreeing with an earlier federal judge's ruling.\u003c/p>\n\u003cp>\"Even if it is commonplace for members of the general public to connect to a neighbor's unencrypted Wi-Fi network, members of the general public do not typically mistakenly intercept, store and decode data transmitted by other devices on the network,\" they said.\u003c/p>\n\u003cp>Google's Street View cars can be spotted with pole-mounted cameras on their roofs, photographing along roadways the world over. The photos then show up on Google's popular Street View map option, where viewers can virtually scroll along a street past homes, cars and shops, all captured in photographs.\u003c/p>\n\u003cp>But unbeknown to passers-by, those cameras weren't just making photos. They were also collecting detailed information transmitted over Wi-Fi networks they passed through.\u003c/p>\n\u003cp>Privacy experts and industry watchers said this was the first time an appeals court has ruled that it's illegal for a company to sniff out and collect private information from the Wi-Fi networks that provide Internet service to people at home. Google is also the first publicly known company to try.\u003c/p>\n\u003cp>\"This appeals court decision is a tremendous victory for privacy rights. It means Google can't suck up private communications from people's Wi-Fi networks and claim their Wi-Spying was exempt from federal wiretap laws,\" said John M. Simpson, Consumer Watchdog's privacy project director. \"Because Google's Wi-Spy activity was so extensive, the potential damages could amount to billions of dollars.\"\u003c/p>\n\u003cp>Marc Rotenberg, executive director of Electronic Privacy Information Center, called it \"a landmark decision for Internet privacy.\"\u003c/p>\n\u003cp>\"The court made clear that the federal privacy law applies to residential Wi-Fi networks,\" he said. \"Users should be protected when a company tries to capture data that travels between their laptop and their printer in their home.\"\u003c/p>\n\u003cp>A Google spokesperson said Tuesday that attorneys for the Internet giant are \"disappointed in the 9th Circuit's decision and are considering our next steps.\"\u003c/p>\n\u003cp>Attorney Elizabeth Cabraser, representing a class action of plaintiffs who say their privacy was invaded by Google, said Tuesday they look forward to resuming their case now that a federal appeals court has ruled in their favor.\u003c/p>\n\u003cp>Google has apologized for the snooping, which it says took place between 2008 and March 2010. It promised to stop collecting the data and said the practice, conducted in more than 30 countries, was inadvertent but not illegal.\u003c/p>\n\u003cp>Earlier this year Google settled a 37-state lawsuit for $7 million after attorneys general sued over what they said was an invasion of privacy for the data collection.\u003c/p>\n\u003cp>The practice was discovered by a German data protection commissioner in 2010. A few months later, Google co-founder Sergey Brin told conference-goers that the firm had made a mistake.\u003c/p>\n\u003cp>\"In short, let me just say that we screwed up,\" he said at the time.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Google says it has disabled the equipment that was collecting the data, and agreed to destroy the information as soon as possible. The company is currently obliged to hold it, unused, because of ongoing litigation.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
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"mindshift": {
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"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"order": 12
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"info": "\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.",
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"tagline": "Deeply-reported investigative journalism",
"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
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"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
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"perspectives": {
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"info": "The economy explained. Imagine you could call up a friend and say, Meet me at the bar and tell me what's going on with the economy. Now imagine that's actually a fun evening.",
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"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
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"possible": {
"id": "possible",
"title": "Possible",
"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
"airtime": "SUN 2pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.possible.fm/",
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"source": "Possible"
},
"link": "/radio/program/possible",
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},
"pri-the-world": {
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"title": "PRI's The World: Latest Edition",
"info": "Each weekday, host Marco Werman and his team of producers bring you the world's most interesting stories in an hour of radio that reminds us just how small our planet really is.",
"airtime": "MON-FRI 2pm-3pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-World-Podcast-Tile-360x360-1.jpg",
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},
"radiolab": {
"id": "radiolab",
"title": "Radiolab",
"info": "A two-time Peabody Award-winner, Radiolab is an investigation told through sounds and stories, and centered around one big idea. In the Radiolab world, information sounds like music and science and culture collide. Hosted by Jad Abumrad and Robert Krulwich, the show is designed for listeners who demand skepticism, but appreciate wonder. WNYC Studios is the producer of other leading podcasts including Freakonomics Radio, Death, Sex & Money, On the Media and many more.",
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},
"reveal": {
"id": "reveal",
"title": "Reveal",
"info": "Created by The Center for Investigative Reporting and PRX, Reveal is public radios first one-hour weekly radio show and podcast dedicated to investigative reporting. Credible, fact based and without a partisan agenda, Reveal combines the power and artistry of driveway moment storytelling with data-rich reporting on critically important issues. The result is stories that inform and inspire, arming our listeners with information to right injustices, hold the powerful accountable and improve lives.Reveal is hosted by Al Letson and showcases the award-winning work of CIR and newsrooms large and small across the nation. In a radio and podcast market crowded with choices, Reveal focuses on important and often surprising stories that illuminate the world for our listeners.",
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