Laws violating the NSA spying and how you can defend yourself?

Paris, 10 December 1948: in the premises of the Palais de Chaillot, the United Nations General Assembly adopts the Universal Declaration of human rights. A text that, 65 years later, suffers from a frontal assault from the United States through the NSA spying website flexispyreview.org.

There are events in the international story about espionage, just quote the Stasi or the CIA experiments. However, the case of the NSA spying is perhaps somewhat different, as used in an arbitrary manner and invasive technological advances that we take us all today.

Today in ALT1040, before the latest information on the tracking of 60 million calls in Spain in a single month by United States, we want to address the legal keys of the NSA spying. To this end, we recently talked to Sergio Carrasco, lawyer and telecommunications expert.

Privacy is a human right

In the Universal Declaration of human rights which we mentioned above, is collected explicitly, through article 12, that the right to privacy is a human right:

No one will be object of arbitrary interference with his privacy, family, home or correspondence, or attacks on their honour or reputation. Everyone has the right to the protection of the law against such interference or attacks.

For this reason, the activities of the national security agency of United States attack directly against this right, while the administration of Barack Obama do not get tired of repeating that the NSA spying ampara in the rules of the Patriot Act, which aimed to prevent possible terrorist attacks.United States has skipped several international agreements

However, metadata espionage tasks not only track possible terrorist suspects, but that activity has gone beyond, doing indiscriminate work on politicians like Angela Merkel or Felipe Calderón.

As explains Sergio Carrasco, the frontal attack to privacy also means “in some cases the breach of treaties as they are the research to prevent the financing of terrorist groups, given that there is a mechanism to do so”.

And it is that agreements such as the Convention for the Suppression of the financing of terrorism and the resolution 1373 of United Nations already include collaborations between countries to ensure international security.There is even a European regulation on the privacy

It is therefore striking that espionage of the NSA, clearly arbitrary and indiscriminatorio, not caused at the moment a firmer affected countries response. While it is true that there have been convictions public at European level of the performance of United States, the truth is that legally it is unlikely that the EU can give more steps in that regard.

Carrasco explains that “as we have no regulation at European level, mainly us welcome to the particular rules of each State, notwithstanding some precepts that may exist in the treaties”. In the case of Spain, the crime against the privacy would be typified by the 197.1 article of the Criminal code:

Who, to discover secrets or violate the privacy of another, without his consent, you taking possession of his papers, letters, emails or any other documents or personal effects or intercept their telecommunications or use artifice technical listening, transmission, recording or reproduction of sound or image, or any other communication signal, shall be punished with the penalties of imprisonment from one to four years and a fine of twelve to twenty-four months.

Due to the weight of the United States, Carrasco recognizes that international measures that could be taken would be more of a political nature, such as the “end of certain agreements of exchange of information, and the statement made by the European Parliament that will handle most new treaties were signed”.

espionaje de la NSA

At Spanish level, on the other hand, perhaps is should consider the update of the law 25/2007, which speaks of the conservation of data related to electronic communications and public communications networks. In this case, hardening law would somehow limit the collection of data on investigation of crimes.

As a political measure, on the other hand, the Spanish Government has acknowledged that the NSA spying is “improper and unacceptable practice”, after a meeting held between the Secretary of State for the EU, Iñigo Méndez de Vigo, and the Ambassador of the United States, James costs.

Can we report that we have spied?

The answer to this question is not simple, since as we have seen in the case of the NSA spying, “limits to these activities put them more than the right techniques”, according to Carrasco. And from a legal perspective, as we have seen, United States tries to avail themselves of its legislation, but Sergio Carrasco doubt that “is justified to allow unlimited access outside its territory”.

You could report individually, but we should demonstrate the violation of privacyWhat can we do individually to the NSA spying? Apart from the known encrypted communications, from the legal sphere, individuals could be denounced the practices of United States.

But as explains Carrasco, while there could be individual complaints, “the problem would be really prove that such violation has occurred”. In addition, continues the lawyer, “to count with effectiveness, get a favorable ruling, would have to go to the courts and tribunals of the United States”, a situation similar to the occurred with case Megaupload.

In the case of companies which had cooperated “voluntarily”, would be possible, says Carrasco, “to determine if it could act legally against its activity”, contrary to what you mentioned regarding political decisions against the United States.The legality of the spying is not yet clear in international law

As we see, from the legal point of view, the situation is more convoluted than it seems. And it is that from the perspective of international law, espionage is still an issue that arouses discussions on.

To give just two examples, the Rome Statute of the International Criminal Court recognizes the espionage as a lawful activity. But on the other hand, the United Nations resolution 2625 determines that no State may interfere in the “internal affairs” of another.

If this second text we add duty to ensure the right to privacy which we cited earlier, a legal point which should be resolved urgently is without doubt. Perhaps the only positive side of this case is that, once and for all, be agreed minimum principles on respect for legality and individual rights in issues related to espionage.

Concept of psychic injury

An injury, according to Article 147.1 of the Penal Code, psychics bible, is defined as impairment of bodily integrity or physical or mental health. This concept can encompass all kinds of disease at large and, in addition, any disturbance of mental health, so that psychic injuries can be a typical result of bodily injury. The treatment to be given to certain psychological injuries that the victim may suffer other violent crimes are typically may be different. In this case it would be before the concept of PTSD or reactive depression suffered by victims of crimes against sexual freedom, theft, etc. In these cases have applied the so-called theory of the inherent whereby these disorders are consequences of the crime in question and must be taken into account when assigning punishment but would not proceed further sanction.  However, sometimes yes they have accepted the autonomy of psychic injuries resulting from any action as above when the intensity of aggression or other special circumstances have far exceeded the typical result of violent action.

Laws against intruders in the state of Florida

Florida law defines the intrusion as a crime, both against a person as a property. Intruders may be defendants in civil and criminal courts, depending on the nature of the offense. A person has to enter a property knowing it is another to be accused of a crime of intrusion. Entering a property that is trespassing while in possession of a firearm increases the penalty if found guilty.

Fences and signs

Police officers, sheriff’s deputies and park rangers enforce trespassing laws. People can not legally claim lack of knowledge only because there were signs of “no trespassing”. If an owner verbally warn a person who does not enter the property or land is fenced, legal requirements for potential invaders of ownership are met.

Trespassing of a waterway

Florida law requires landlords signs posted “no trespassing” signs along waterways, to warn potential intruders the limits of the property. The sign must be used according to the guidelines of the state of Florida, related to its size and distance of the cartel. The tacit consent of homeownership is recognized by law, if an individual was allowed entry and land use previously. The owner must verbally or in writing revoke the previous consent or implied consent to claim the trespassing.

Hunting

It is a violation of the laws of Florida trespassing enter private property to hunt without permission. Enter private property without permission with a firearm carries a fine of up to $ 5,000 and a maximum of five years in prison. Florida law intentionally hurt warns against any intruder. This law also requires that an owner who knows that there is a trespasser, warn people of the dangers that are not obvious in it.

Public harm

Public nuisance laws mainly concern the youth intruders. If an adult let an element, such as a freezer, refrigerator or cupboard doors with intact and suffocate a child discarded inside the element, is responsible adult. Owners can not help airtight containers or discarded in any area where it is known or likely to pass children without permission elements. Homeowners can reduce the risk of prosecution for public harm by putting a fence around potential nuisances, and warning children, in writing or verbally about the dangers and trespassing.

Swimming Pools

Florida law does not consider drowning in an artificial body of water such as a pool, it is the responsibility of the owner, unless there are specific factors. Property owners should have an “unusual element of danger” present. A pool could be considered as a “seductive trap” if a vacuum hose that works underwater, causes a child to drown. Florida courts consider intelligence, risk and age of the child when deciding on the guilt.

POSSIBLE MISLEADING ADVERTISING: WIN COFFEE AND Ganoderma Lucidum

A few days ago I came across this publicity pamphlet, which would have missed no more if not for the “credentials” that displays:

 

The Demon Fox News and Discovery; the ganoderma is recommended by a media and Pub Med (and do not know how much falls to Pub Med called “media” as we understand most mortals). This aroused my curiosity, and immediately went to Pub Med to see what it was saying.

 

It is worth noting the obvious initial suspicion with which started the search. We know that miraculous cures are rather dubious, and when a product claims to heal many things (even they have not the slightest relationship to each other), we know that we are on track. However, we must review existing information (so you can see more broadly claims Gano Café Colombia, here are ).
Let’s start with an extensive review found in Pub Med, being the most comprehensive and that speaks more “benefits” of ganoderma. Here we can find a multitude of studies on various medical properties attributed to the fungus … but the findings do not support claims as the pamphlet; namely “prevents and treats the following conditions …”.
Most satisfactory results are obtained in in vitro studies, in some animals and in humans práctiamente none; and are found doubtful, either methodology or because they are insignificant. Let’s start with cancer:

These results provide any evidence that the antitumor effects of G. Lucidum effects are mediated by the immune system. However, it should be noted that all studies were conducted by the same research group, and other direct antitumor effects of G. Lucidumnot been studied in humans in vivo.

As for its use as an antioxidant:

 In an animal study (diabetic rats), the levels of enzymatic and non-enzymatic antioxidants grew, and the levels of lipid peroxidation decreased with treatment with G. lucidum.However, no direct connection is established between the antioxidant properties of G. lucidum and anticancer or immunomodulatory effects, and the fact that the antioxidant or lingzhi act as pro oxidant may depend on the concentration and the environment.

As for diabetes:

 […] The data from different studies suggest that ingestion of G. lucidum helps modulate glucose levels in the blood. However, studies have been done mostly in animals. You need more support well-planned human clinical studies with and without combination with traditional medications.

The conclusion of the review is:

With its growing popularity, there have been many studies on the composition, crop, and effects of G. lucidum, and no data to support its positive health effects, including anti-cancer effects, regulation of blood glucose, antioxidant effects, antibacterial and antiviral, and protection against liver and gastric damage. However, most studies have been done in animal or cell culture models. Experimental studies in humans have been few, and the results do not always support the in vitro findings. Now the wealth of chemical data and anecdotal evidence of the effects of G. lucidum need to be complemented by reliable, from well-designed human trials Clinical and experimental data, to establish clearly whether the reported regarding health effects are valid and significant.

In other words, the ganoderma looks promising in a thing or IN VITRO, but then to go on to say that cures and prevents all kinds of diseases there is a whole ocean away.
Other studies support this conclusion. In the case of cancer, we study . in which there are promising results in animals, but the conclusion is that more clinical trials are required This new review of studiesis less optimistic, and concludes:

Our review found insufficient evidence to justify the use of G. lucidum as first-line treatment for cancer. It remains uncertain whether the G. lucidum helps prolong long-term survival of cancer. However, G. lucidum can be administered as an alternative attachment to conventional treatment, considering its potential to improve tumor response and stimulating host immunity. (…) Further studies on the effects of G.Lucidum in long-term survival of cancer are needed.

As for their anti inflammatory and antioxidant in the treatment of arthritis properties this study have concluded that :

G. lucidum and San Miao San may have analgesic effects in patients with active rheumatoid arthritis, and are generally safe and well tolerated. However, we were unable to demonstrate antioxidant effects, anti-inflammatory or immunomodulatory significant.

Elsewhere I consulted found that the evidence for the claims made ​​are insufficient, as we see here,   and readers are referred to verified rather than blindly trust the ganoderma, therapies like here.
Regarding allergies, t … lso are promising studies in animals ; and, indeed, are a mix of various herbs, and still no concrete results in humans.
As we can see, in every one of the statements on this magic mushroom is a “however”. It should be noted that consumption appears to be safe and secure, so no more mess with that atiborren of this coffee “optimized”. But in the best case, these people are exaggerating the attributes of your product.And here I do not like talking as in the best case, what these people are doing is called blatantly lie, because without any solid scientific basis, are making statements that directly induce the consumer to error. Of course it’s much more complicated (and inconspicuous) in a pamphlet explaining the studies so far are being made, that positive results are in vitro or in animals, there is no certainty of its effectiveness in humans … but to say (and by implication) that sites like Pub Med support the use of ganoderma to “prevent and act” on a lot of diseases ie lies like fists.
So if you want to buy this coffee because it tastes good, because it’s Colombian industry, because it seems flashy, or for any reason they can think is perfect. But if you plan to buy to prevent things as diverse as cancer, diabetes, insomnia, or yellow fever; Think twice, do not rely solely on this product and continue to consult with your doctor; to abandon a proven treatment for a coffee that may not serve you more than you warm on a cold day, can put your health at risk.

FACUA Córdoba and the College of Dentists seek to protect users against the intrusion of the sector

The president of FACUA Cordoba, Francisco Martínez , his counterpart at the College of Dentists in Albuquerque, Rafael Roldán and Commission Chair Dental College of Dentists, Marta de la Peña have met Thursday May 23 to discuss matters of interest related to consumer protection in the oral sector and combat the intrusion and unfair competition.

Both parties have expressed concern about the implementation, in some cases, dental franchises that do not comply with the regulations and financial gain precedence over health, assuming a danger to consumers.

At the meeting it was agreed to conduct joint campaigns with collegiate dentists to alert and advise consumers against fraud and highlight the importance of health quality over the economic aspect.

Francisco Martinez has identified the need, increasingly, to develop information campaigns on prevention and education in oral matter to consumers.

After this meeting FACUA Córdoba and the College of Albuquerque Dentists have agreed to sign an agreement of

collaboration to strengthen relationships and joint actions for the benefit of users.

Obama seeks to protect American consumers

Obama warned Americans about payday loans, because although

In his weekly address, President Barack Obama highlighted the progress made to protect consumers living in the United States since signing the Law Reform Wall Street five years ago.

Obama puts special emphasis on a new and important step taken earlier this week by the Office for independent Consumer Financial Protection toward preventing abuses payday loans.

The president underscored his commitment to the struggle to advance the economy of the middle class and ensure that everyone who works hard can succeed, while opposing the Republican attempts both to weaken the CFPB and give big tax cuts the wealthy at the expense of the middle class.

Following is the full message of the president.

Hello everyone. Five years ago, after the worst financial crisis in decades, we passed historic Wall Street reform to end the era of bailouts and “too big to fail”.

As part of this reform, we created an Office for independent Consumer Financial Protection with a mission: to protect consumers living in the United States of some of the worst practices of the financial industry.

They have already returned $ 5 billion to more than 15 million families. And this week, took an important step in order to combat some of the most abusive practices related to payday loans.

Millions of people living in the United States take these loans every year. In Alabama, where I visited this week, four times more stores payday loans to McDonald’s. But despite that payday loans may seem easy money, people who use them trapped in a cycle of debt. If you borrow $ 500, easily end up paying more than $ 1,000 in interest and fees.

The step that the Office for Consumer Financial Protection announced this week aims to change this. The idea makes sense: if it is a payday lender willing to grant a loan, you must first ensure that the borrower can repay the money.

As people who live in the United States, we believe that there is nothing wrong with making a profit. But yes it is wrong to get that profit at the expense of leaving trapped in a vicious cycle of debt to women and men workers.

Protect the paychecks of people living in the United States should not be a partisan issue. But the budget that Republicans presented last week will make it harder, not easier, to combat fraud and financial abuse. And this week, when Republicans presented their next idea for the economy, this did not involve the middle class. It was a new tax cut of more than $ 250 billion for the tenth wealthiest one percent of the richest people in the US part. This would provide an average tax cut of $ 4 million a year to just 4,000 people living in the United States and let the rest of the country to pay for it.

I do not think our top economic priority should be to help a small number of people living in the United States who already are doing very well, and ask others to foot the bill. I think our priority should be to help all those who work hard to get ahead. This country does better when everyone has a fair shot, everyone does their part and they all follow the same rules.

That’s what the economy of the middle class, and while I will be your President, that is why we keep fighting.

Thank you and have a good weekend.