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124,000+ comments received for proposed Cherry Point terminal

Whatcom County, Washington Depart. of Ecology, U.S. Army Corps of Engineers
February 6, 2013

Source: http://www.ecy.wa.gov/news/2013/043.html

The public provided more than 124,000 comments on the scope of an upcoming environmental impact statement (EIS) for a proposed bulk-cargo shipping terminal and rail spur improvements at Cherry Point, according to a preliminary count by the three agencies that conducted a recently-concluded four-month public comment period.

Form-letters or e-mails made up approximately 108,000 of the total, submitted by people who responded to 24 organized comment campaigns identified so far. The agencies received more than 16,000 uniquely worded comments. Work continues on a final comment count and breakdown.

The 121-day comment period ran from Sept. 24, 2012, to Jan. 22, 2013.

The official website, http://www.eisgatewaypacificwa.gov/, provides additional details about the scoping process, project proposals, and displays comments received.

Pacific International Terminals, a subsidiary of SSA Marine Inc. (SSA), proposes to build and operate the Gateway Pacific Terminal between Ferndale and Blaine. The terminal would provide storage and handling of exported and imported dry bulk commodities, including coal, grain, iron ore, salts and alumina. BNSF Railway Inc. proposes to add rail facilities and install a second track along the six-mile Custer Spur.

Whatcom County, the Washington Department of Ecology (Ecology), and the U.S. Army Corps of Engineers (Corps) together are conducting the EIS process for the proposed terminal projects and jointly will produce one EIS. Whatcom County and Ecology must follow the State Environmental Policy Act (SEPA), and the Corps must follow the National Environmental Policy Act (NEPA).

Scoping is a preliminary phase of the EIS process when the agencies identify potential adverse impacts and decide which of these to analyze in the EIS. The three lead agencies gathered input from other agencies, tribes and the public. After considering comments, the lead agencies will decide what should be included in the EIS.

The EIS will evaluate a reasonable range of alternatives, potentially affected resources, significant unavoidable adverse impacts of various alternatives, and explore possible means to avoid, minimize and mitigate effects of the proposals.

The three co-lead agencies hosted seven public meetings during the comment period, which drew total attendance of more than 8,700. People at the meetings submitted 1,419 hand-written comments and 1,207 verbal comments. Of the verbal comments, 865 were given in front of audiences, and 342 were recorded individually.

The agencies consider all comments on an equal basis, regardless of how people submitted them.

The joint NEPA/SEPA EIS process enables the co-lead agencies to avoid duplicated efforts where the two laws overlap, while meeting each statute’s separate requirements. Parts of the joint EIS process described on the website apply to both statutes and parts apply to one or the other.

The scoping process does not address whether the proposal should receive permits. Scoping only helps define what will be studied in the EIS. Decisions about issuing permits to construct the proposed projects will not be made until after the EIS is complete.

The co-lead lead agencies plan to issue a scoping report in the next few weeks with a thorough assessment of the comments. Then, they will review that input and issue plans later this year for a draft EIS, which may take at least a year to prepare. The lead agencies will seek public comment on the draft EIS, and then produce a final NEPA/SEPA EIS.

VAWA passes 78-22

By Monica Brown, Tulalip News Writer, February 12, 2013

The VAWA bill has passed 78 to 22 today. It already had 62 co-sponsors which helped ensure its passage, but it picked up additional support from a handful of Republicans who weren’t already sponsoring it.

“Today the Senate took a major step forward to protect all victims of domestic violence across America,” Sen. Maria Cantwell said. “And because of the Senate bill, nearly 500,000 women in Indian Country will receive better protection if we can get this onto the President’s desk and signed.”

The reauthorization bill includes improvements to extend domestic violence protections to individuals, including women in Tribal communities, who suffer disproportionately from domestic violence due to complex jurisdictional loopholes.

The Senate’s reauthorization bill increases protection for 30 million women regardless of sexual orientation, immigration status, or residency on Tribal land. The bill authorizes $659 million over five years for VAWA programs and expands VAWA to include new protections for LGBT and Native American victims of domestic violence, to give more attention to sexual assault prevention and to help reduce a backlog in processing rape kits.

Senators voted on a few amendments to the bill. They voted 93 to 5 to include a provision that targets human trafficking, and 100 to 0 on a provision that ensures child victims of sex trafficking are eligible for grant assistance. They rejected the amendments by Sen. Tom Coburn (Okla.) to consolidate certain Department of Justice programs and to allow grants for sexually transmitted disease tests on sexual assault perpetrators.

“The Senate sent a very clear message that no matter where you live, you deserve to be protected,” Sen. Cantwell said at today’s press conference. “And the message was equally clear that you cannot escape accountability for committing crimes against women. So this final bill that we now move to the House of Representatives will help us close the gap in the legal system for prosecuting domestic violence on Indian reservations.”

“The clock is still ticking and over 160 million women across the country are watching and waiting to see if the House will act on this bill and finally provide them the protections from violence they deserve. And just like last Congress, we all know it will take leadership from Speaker Boehner and Leader Cantor to move this bill forward. The fate of VAWA still lies squarely on their shoulders and too many women have been left vulnerable while they have played politics,” Sen. Patty Murray

The issue of tribal court is expected to be a hurdle as lawmakers try to reconcile the Senate bill with the eventual House bill. Two House Republicans, Tom Cole (Okla.), who is of Native American heritage, and Darrell Issa (Ca.) — have been pushing a compromise that would give defendants the right to request that their trial be moved to a federal court if they felt they were not getting a fair trial. Others have argued that those tried in Indian courts should have better defined rights to appeal to federal courts.

Seattle experiencing attacks on women

By Monica Brown, Tulalip News Writer

Seattle Police are currently investigating four separate attacks on four women since Friday Feb 8^th. The men have been described in their 20’s with thin to medium builds. Three of the women were able to escape with minor injuries but one was sexually assaulted. So far they have no leads as to whether the attacks are related. The Seattle times have constructed a map to view the locations of the attacks.

View the whole story here:

http://blogs.seattletimes.com/today/2013/02/third-woman-reports-attack-in-north-seattle-all-since-sunday/

Brush up on your self-defense skills. Be safe and if you don’t have to, try not to go anywhere dark and/or unfamiliar alone.

10 BEST SELF-DEFENSE AWARENESS TIPS:

Source: http://www.attackproof.com/10-best-self-defense-tips.html

These 10 tips have been circulated for quite some time now. Guided Chaos Grandmaster John Perkins and Prof. Bradley Steiner have added to the original tips. This is a small list of things to be aware of but it should serve as a start for some folks who have not studied the topic.

1. Tip from Tae Kwon Do: The elbow is the strongest point on your body. If you are close enough to use it, do!

Brad Steiner: While this is a good point, it may not be the best tip for someone unskilled in karate. It does take a bit of dexterity and training before the elbow, per se, may be employed reliably as a weapon — especially by a woman in normal attire, against a large, strong male. I would recommend driving open and extended fingers-to-eyes, or using a chinjab followed by raising the elbow of the striking arm and then eye-gouging. BITING, if grabbed hold of, and kicking like crazy, is also good. Just opening the hand and whipping a surprise handaxe to the throat is also good. Head butting is effective. I would prefer these methods because, for the complete novice, they are more likely to be delivered with sufficient force and effectiveness to facilitate escape.

2. Learned this from a tourist guide. If a robber asks for your wallet and/or purse, DO NOT HAND IT TO HIM. Toss it away from you…. Chances are that he is more interested in your wallet and/or purse than you, and he will go for the wallet/purse. RUN LIKE MAD IN THE OTHER DIRECTION!

Brad Steiner: Excellent general advice! Additionally, keeping a “throw away wallet” that is stuffed with junk or play money, etc. but that seems authentic, can be utilized with this ploy. While avoidance and escape is the best tactic, when possible, there may be contexts in which an appropriately prepared individual can feign compliance, reach for a handgun (or even a knife) under the guise of reaching for a wallet, and then . . . well, you can figure it out.

[Editor’s Note: There may be some risk however if you’re dealing with an angry psycho. It is possible that by throwing the wallet, he may just blow you away…and then casually retrieve the wallet. That being said, if he is that species of beast, he may have shot you no matter how compliant you were. All the more reason to never go with the attacker to crime scene #2 and to attack the attacker.]

3. If you are ever thrown into the trunk of a car, kick out the back tail lights, stick your arm out the hole and start waving like crazy. The driver won’t see you, but everybody else will. This has saved lives.

Brad Steiner: With modern vehicles it is possible to extricate oneself from inside the trunk of a car if you keep a cool head. HOWEVER: the smart tactic is never to permit oneself to be locked inside a vehicle trunk in the first place. Pretending to comply, then suddenly knocking any weapon aside and attacking the abductor’s eyes/throat and then running, is — I think — a better tactic that offers a greater chance of survival, on balance. Obviously the abductor does not wish to kill the person whom he orders into the vehicle’s trunk, right away. I have always been a powerful advocate of NEVER permitting oneself to be taken from a primary crime scene, if humanly possible to offer resistance. Like escape-and-evasion in military contexts, THE SOONER AND FASTER ESCAPE IS UNDERTAKEN, THE BETTER! The escape from a vehicle trunk is good counsel; nonetheless, should one find oneself thus trapped, for whatever reason).

4. Women have a tendency to get into their cars after shopping, eating, working, etc., and just sit (doing their checkbook, making a list, etc.) DON’T DO THIS! A predator may be watching you, and this is the perfect opportunity for him to get in on the passenger side, put a gun to your head, and tell you where to go. AS SOON AS YOU GET INTO YOUR CAR, LOCK THE DOORS AND LEAVE.

If someone is in the car with a gun to your head DO NOT DRIVE OFF, Repeat: DO NOT DRIVE OFF! Instead, gun the engine and speed into anything, wrecking the car. Your Air Bag will save you. If the person is in the back seat they will get the worst of it. As soon as the car crashes bail out and run. It is better than having them find your body in a remote location.

(Steiner’s comment: Good advice. Also: Always lock your vehicle and secure it when getting gas and entering the office to pay for the gas. Criminals have been known to enter vehicles and lie in wait, in the back, for the woman to come back to her vehicle and drive away. THEN, they overtake their victim who is helpless. Also: KEEP YOUR GAS TANK FULL. Never stop at stations where there are odd individuals standing, or at stations in questionable neighborhoods. Do not fill your gas tank at night. Keep your vehicle well supplied — go to brightly lit gas stations in good areas, and in broad daylight. Note: I am not 100% sure of the “drive into something” advice with a gun to your head. One does not wish to cause the weapon to go off due to the criminal’s being shocked, or simply reflexively firing as the vehicle purches. On the other hand, I can see how this tactic could save a life.)

5. A few notes about getting into your car in a parking lot, or parking garage:

a.) Be aware: look around you, look into your car, at the passenger side floor , and in the back seat.

b.) If you are parked next to a big van, enter your car from the passenger door. Most serial killers attack their victims by pulling them into their vans while the women are attempting to get into their cars.

c.) Look at the car parked on the driver’s side of your vehicle, and the passenger side… If a male is sitting alone in the seat nearest your car, you may want to walk back into the mall, or work, and get a guard/policeman to walk you back out. IT IS ALWAYS BETTER TO BE SAFE THAN SORRY. (And better paranoid than dead.)

(Steiner’s comment: THIS IS PERFECT ADVICE! WE HAVE BEEN TELLING THIS TO STUDENTS FOR DECADES! FOLLOW IT!)

6. ALWAYS take the elevator instead of the stairs. Stairwells are horrible places to be alone and the perfect crime spot. (This is especially true at NIGHT!)

(Steiner’s comment: This might be construed in the opposite, as well. Elevators can be risky. Personally, we have heard of more attacks inside elevators than we have heard of attacks in stairways. However, there is to the point made. We urge serious caution at all times, and being prepared to fight back ferociously and using the element of surprise — always with a WEAPON, if this can be done lawfully.)

7. If the predator has a gun and you are not under his control, ALWAYS RUN! The predator will only hit you (a running target) 4 in 100 times; and even then, it most likely WILL NOT be a vital organ. RUN, preferably in a zig-zag pattern!

(Steiner’s comment: GREAT ADVICE! Again, we have urged this for decades as a good tactic, and we see no reason to change the counsel. In fact, it is NOT likely that an armed criminal will in fact fire at you at all. He obviously did not wish to fire when he had you at gun point; and he can see that raising an alarm by firing when you run away will only attract attention to himself with little chance of hitting you.)

8. As women, we are always trying to be sympathetic: STOP it may get you raped, or killed. Ted Bundy, the serial killer, was a good-looking, well educated man, who ALWAYS played on the sympathies of unsuspecting women. He walked with a cane, or a limp, and often asked ‘for help’ into his vehicle or with his vehicle, which is when he abducted his next victim.

(Steiner’s comment: RIGHT! Again, we have been urging this for many, many years, and it is good advice!)

9. Another Safety Point: Someone just told me that her friend heard a crying baby on her porch the night before last, and she called the police because it was late and she thought it was weird. The police told her ‘Whatever you do, DO NOT open the door….’ The lady then said that it sounded like the baby had crawled near a window, and she was worried that it would crawl to the street and get run over. The policeman said, ‘We already have a unit on the way, whatever you do, DO NOT open the door.’ He told her that they think a serial killer has a baby’s cry recorded and uses it to coax women out of their homes thinking that someone dropped off a baby. He said they have not verified it, but have had several calls by women saying that they hear baby’s cries outside their doors when they’re home alone at night.

(Steiner’s comment: VERY, VERY VALUABLE AND IMPORTANT ADVICE!!!!)

10. Water scam! If you wake up in the middle of the night to hear all your taps outside running or what you think is a burst pipe, DO NOT GO OUT TO INVESTIGATE! These people turn on all your outside faucets full blast so that you will go out to investigate and then attack. This was mentioned on America’s Most Wanted when they profiled the serial killer in Louisiana.

(Steiner’s comment: Again — very, very valuable advice!)

NAFSA applauds President Obama’s nomination of Sally Jewell for Secretary of the Interior

Native American Group Urges Secretary-designate to Protect Government-to-Government Relationship between Tribal Nations and Federal Government

Native American Financial Services Association

http://www.mynafsa.org/

WASHINGTON, DC (February 8, 2013) – Following President Obama’s announcement earlier this week that he would nominate Sally Jewell, President and CEO of REI, to succeed retiring Secretary Ken Salazar at the helm of the Department of Interior, The Native American Financial Services Association (NAFSA) issued the following statement:

“With so many Department of the Interior bureaus and agencies impacting daily life on Native American reservations, Sally Jewell is an outstanding choice to succeed Secretary Salazar,” said Barry Brandon, Executive Director of NAFSA. “She understands the value of our precious wilderness and how important it is to protect our public lands. It is our hope that she will use her new post as Interior Secretary to continually strengthen the unique government-to-government relationship that our tribes share with the federal government. We applaud her nomination and look forward to working with her.”

The Department of the Interior (DOI) is accountable for the administration and preservation of most federal land and natural resources, as well as the management of programs relating to Native Americans, Alaska Natives, and Native Hawaiians. Included within DOI is the Bureau of Indian Affairs, the oldest bureau in the Interior Department.

The Bureau of Indian Affairs provides services to approximately 1.9 million native peoples on reservations across the United States. Additionally, the bureau manages 55 million surface acres and 57 million acres of subsurface minerals held in trust by American Indians, Indian Tribes, and Alaska Natives. If confirmed by the Senate, Jewell will have immense jurisdiction around Native American life.

Jewell, a former oil company official and outdoor enthusiast, won the 2009 Rachel Carson award from the Audubon Society for work furthering environmental efforts. Jewell is vice chairwoman of the National Parks Conservation Association and additionally serves as a board member of the Mountains to Sound Greenway Trust; a linked network of green spaces, and historic towns recreational opportunities in Washington State.

About NAFSA
The Native American Financial Services Association (NAFSA) formed in 2012 to advocate for Native American sovereign rights and enable tribes to offer responsible online lending products. Through the protection of consumer rights and sovereign immunity, NAFSA provides vital services to tribally operated lenders serving the under-banked with better short term financial services, furthering economic development opportunities in Indian Country.

Lummis move to get trust land status worries local governments

JOHN STARK; THE BELLINGHAM HERALD

Updated: Feb. 1, 2013 at 6:01 p.m. PST

FERNDALE – Whatcom County and the city of Ferndale have written letters to the U.S. Bureau of Indian Affairs opposing Lummi Nation’s move to get trust land designation for an 80-acre site south of Slater Road and west of Interstate 5.

The land had been mentioned as a possible site for both a new county jail and a new Costco store before the tribe acquired it from Ralph Black and family for a reported $5.4 million in late 2011. Ten of the 80 acres are inside the Ferndale city limits, while the remainder is within Bellingham’s legally designated urban growth area. That means it is earmarked for eventual Bellingham annexation.

Tribal trust designation would move the parcel out of city, county and state jurisdiction and take it off property tax rolls.

In his letter to BIA Northwest Regional Director Stanley Speaks in Portland, Ore., Ferndale City Administrator Greg Young notes that in 2006 Ferndale supported Lummi Nation’s earlier move of 3.78 acres into trust status for construction of the tribe’s Gateway Center. The city threw its support behind the tribe’s plans after working out a deal to compensate the city for loss of tax revenue, making an annual payment to the city that is meant to be roughly equivalent to the taxes that would otherwise have been collected without the trust land designation.

Young’s letter says recent negotiations with Lummi over the 80-acre parcel have not borne fruit, and he expresses concern that more transfers of land into trust status could follow.

“While we supported this prior trust conversion and appreciated the Lummis’ desire to have direct freeway exposure, we are now extremely concerned over what may become a pattern of slow but continuous removal of essential land from Ferndale – as you may be aware, not only have the Lummis purchased this 80-acre site, they hold purchase options on additional property in this area. Apparently they have adopted a strategy of land purchase, trust conversion, and development in this area – leading to direct and unavoidable harm to the city of Ferndale.”

Young’s letter also suggests that Lummi Nation may be hoping to imitate the Tulalip Tribes’ big commercial development along Interstate 5 in Marysville.

“It is understandable that the leaders of the Lummi Nation want to mimic the development success of the Tulalip Tribes to the south, but this should not be accomplished and coupled with perpetual harm to the city of Ferndale,” Young wrote.

The Whatcom County Council approved a letter of opposition to the Bureau of Indian Affairs after discussing the matter in a closed session on Tuesday, Jan. 29.

“There is no information regarding the proposed use or development,” says the letter, signed by County Executive Jack Louws and County Council chairwoman Kathy Kershner. “Nor has the Nation consulted with Whatcom County or entered into any agreements regarding the use of the land with any of the three impacted jurisdictions.”

In her own letter to Speaks at the Bureau of Indian Affairs, Bellingham Mayor Kelli Linville does not flatly oppose tribal trust land status.

“The City of Bellingham values its relationship with the Lummi Nation and is confident that, if given an opportunity, the concerns can be addressed through a government-to-government agreement that respects the self-determination of the Lummi Nation,” the letter says. “However, we believe these issues need to be addressed prior to a determination on the (trust) application.”

Linville’s letter states that the impact on the city goes far beyond the 70-acre section of Lummi Nation property that is inside the city’s urban growth area: Another 445 acres in the growth area would be cut off from the city if the 71-acre section is converted to trust status and cannot be annexed by the city.

Those 445 acres are industrially zoned.

“Bellingham has a shortage of industrial-zoned parcels that are sufficient in size and unencumbered by wetlands,” Linville’s letter says. “Conversion of the subject property to trust status would significantly erode Bellingham’s future industrial land base.”

In a later interview, Ferndale’s Young said as he understands it, the Bureau of Indian Affairs’ regional director has the discretion to approve trust status to the Lummi land, with or without the approval of local governments. But the local governments could appeal that approval, if it comes, to the U.S. Department of the Interior in Washington, D.C.

In his talks with Lummi officials, Young said he got the impression that the tribe may not yet have definite plans for the property.

Linville said she got the same impression during a Thursday, Jan. 31, phone conversation with Lummi chairman Tim Ballew.

“He restated that the tribe didn’t have any plans,” Linville said. “There were no details to give me.”

Linville also agreed that the city and other local governments have a right to comment, but the BIA can give the property trust status despite local objections.

Linville said she told Ballew she would like to work with the tribe to find a mutually beneficial approach to development of the tribe’s property.

Lummi Nation and the BIA did not respond to requests for comment.

Read more here: http://www.thenewstribune.com/2013/02/04/2458700/lummis-move-to-get-trust-land.html#storylink=cpy

Inslee guarded on tribe casino, Governor says he hasn’t made decision

By Jim Camden of The Spokesman-Review

Article:

http://www.spokesman.com/stories/2013/feb/07/inslee-guarded-on-tribe-casino/

Feb 7, 2013

OLYMPIA – Gov. Jay Inslee wouldn’t say Wednesday which way he’s leaning on the Spokane Tribe’s proposed casino on the West Plains. Inslee has the final ability to block the project near Fairchild Air Force Base even if federal officials sign off on it.

“It will be important for me to make the decision based on the facts and the evidence,” he said.

Inslee, taking questions at a morning news conference, said he would make “the right decision” but quickly added: “I won’t tell you what that is right now, because I have not made it.”

The decision will come after a “clean, academic, dispassionate review” but beyond that, he said he believed it was best not to discuss the casino or whether he would support more gambling facilities in the state.

“There are ramifications for the state beyond this specific application. I will be considering those in the decision,” Inslee said.

In his campaign for governor, Inslee received support from both the Spokane Tribe, which wants to build the casino, and the Kalispel Tribe, which owns the nearby Northern Quest casino and is opposed to the proposed facility. Each tribe gave Inslee $3,600, the maximum contribution from an individual source.

Overall, Indian tribes contributed $60,675 to Inslee’s gubernatorial campaign compared to $11,600 to his Republican opponent, Rob McKenna. Neither the Spokanes nor the Kalispels contributed to McKenna’s gubernatorial campaign.

Last week the federal Bureau of Indian Affairs released an environmental impact statement that said its preferred alternative was the largest of three construction options the Spokane Tribe has proposed for land north of U.S. Highway 2, across from the base. The agency continues to take comments before issuing its “record of decision,” after which the secretary of the interior must decide whether the casino is in the best interests of the tribe and the surrounding community. After that, Inslee must agree with the secretary’s decision before gambling can occur on the property.

The bureau looked at three construction options as well as building nothing on the property. It said a plan for a casino with about 98,500 square feet for electronic gaming devices and tables, a 300-room hotel with a 145-foot tower, restaurants, bars, convention space and a 96,000-square-foot shopping

Google crossing the creepy line

By Monica Brown, Tulalip News Writer

Google is selling ad space according to what you talk about in your emails. Curiosity overcame me and I decided to check these solicited ads out myself and I found that they were there. I sent emails containing key words back and forth between two accounts and sure enough the ads adjusted to them. You can see in the photo they solicited diamond engagement rings, a Subaru Forester and home mortgage rates.

Opting out for the ads is not possible and changing your ad settings will continuously bring the user to a server timeout page. This is what Google has to say for their actions,

“…There’s what I call the creepy line and the Google policy about a lot of these things is to get right up to the creepy line but not cross it.” Says Eric Schmidt, Google executive chairman. Whether it’s about privacy or a large company profiting off of your private conversations it’s still your choice to partake.

Outlook.com has launched the Don’t Get Scroogled by Gmail national campaign in order to inform and educate people about how Google goes through your email contents in order to sell target ads. The campaign can be seen here at http://www.scroogled.com

Outlook.com wants to send the message to Google that going through personal email messages to sell ads is unacceptable and is encouraging consumers to sign the petition and tell Google to stop going through their emails to sell ads.

If consumers want to prioritize their privacy they can switch to Outlook.com, where they don’t read your emails and sell for ad space.

How the email skimming is done, Google goes through every single word of personal Gmail messages and uses that information to sell and target ads.As Google explains on its website,

“In Gmail, most of the ads we show appear next to an open email message and are related to the contents of the current email conversation or thread.” For example, if you write a friend to let her know you are separating from your husband, Google sells ads against this information to divorce lawyers, who post ads alongside it. Or if you ask a friend for vacation suggestions, Google will use this information to target you with ads from travel agencies or airlines that want your business.

Google will even use information from the emails of non-Gmail users to generate advertising income. Gmail goes through all incoming email messages, from any email provider, and sells ads based on the content of those emails — a practice that nearly 90 percent of Americans agree should end.

Currently, Google has six active class action lawsuits against them, all alleging illegal eavesdropping or interception under federal and state wiretapping laws, related to Google’s scanning of emails.

“Emails are personal — and people feel that reading through their emails to sell ads is out of bounds,” said Stefan Weitz , senior director of Online Services at Microsoft. “We honor the privacy of our Outlook.com users, and we are concerned that Google violates that privacy every time an Outlook.com user exchanges messages with someone on Gmail. This campaign is as much about protecting Outlook.com users from Gmail as it is about making sure Gmail users know what Google’s doing.”

New GfK Roper Poll: Public Largely Unaware and Strongly Disapproves of the Practice

A new GfK Roper poll, commissioned by Microsoft, shows that only 30 percent of Americans are aware that any email service goes through the content of personal emails to sell ads, and 88 percent of consumers disapprove of this practice.

Key results from this survey include the following:

88 percent of Americans disapprove of email service providers scanning the content of your personal emails in order to target ads, and 52 percent disapprove strongly.
89 percent of Americans agree that email service providers should not be allowed to scan the content of personal emails in order to target ads.
83 percent of Americans agree that email service providers scanning the content of your personal emails to target ads is an invasion of privacy.
70 percent of Americans didn’t believe or didn’t know that any major email service provider scans the content of personal emails in order to target ads.
88 percent of email users believe that email service providers should allow users to “opt out” if they prefer that the content of their emails not be scanned in order to target ads.

Outlook.com believes their users should be informed about Google’s email privacy intrusions and consumers have a choice to switch to Outlook.com.

“Outlook.com believes your privacy is not for sale,” Weitz said. “We believe people should have choice and control over their private email messages, whether they are sharing banking information or pictures of their family or discussing their medical history.”

Weitz added, “Outlook.com does not scan the contents of your personal email to sell ads. Outlook.com is an email service that prioritizes your own and your family’s privacy. You wouldn’t let the post office look inside your mail, so why would you let Google?”

Founded in 1975, Microsoft (Nasdaq “MSFT”) is the worldwide leader in software, services and solutions that help people and businesses realize their full potential.

¹ About this study: The RDD telephone survey was conducted Feb. 1-4, 2013 by GfK’s Public Affairs & Corporate Communications division, among a nationally representative sample of 1,006 adults ages 18 or older. Interviews were conducted with 753 respondents on landlines and 253 respondents on cellular telephones. The data were weighted on age, sex, education, race and geographic region. The margin of error on results based on the full sample is plus or minus 3 percentage points.

Source: Scroogles.com

First National Indian Country training on investigation and prosecution of non-fatal strangulation offenses

Department of Justice

Office of Public Affairs

950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Monday, February 4, 2013

The Department of Justice’s National Indian Country Training Initiative (NICTI) partnered with the National Strangulation Training Institute to deliver the first-ever national Indian Country training on the investigation and prosecution of non-fatal strangulation and suffocation offenses. The training, held from Jan. 29 – Feb. 1, 2013, drew attendance from over 50 federal and tribal participants, representing 17 tribes, U.S. Attorney’s Offices, the FBI and the Bureau of Indian Affairs. Students included prosecutors, law enforcement, advocates, paramedics and sexual assault nurse examiners.

The training, held at the National Advocacy Center in Columbia, S.C., provided an in-depth examination of the mechanics of strangulation and suffocation from a medical, legal and law enforcement perspective. In addition to substantive information on strangulation and suffocation, students received information on how to effectively train others in their community about the investigation and prosecution of strangulation crimes and how to serve as an expert witness on the issue in court.

“Strangulation has been identified as one of the most lethal forms of domestic violence and sexual assault. Expert training in this area is critical as external signs of strangulation are absent in over half of all victims. Death can occur without any external marks at all,” said Leslie A. Hagen, National Indian Country Training Coordinator.

“If we can prevent even one homicide by early prosecution of an abuser when he strangles his partner and she survives, all our work will be worth it,” said Gael Strack, the Project Director of the National Strangulation Training Institute and CEO of the National Family Justice Center Alliance.

“When men choke women, those men might as well be raising their right hand and saying ‘I am a killer’ to everyone that is paying attention,” said Casey Gwinn, President of the National Family Justice Center Alliance and faculty at this week’s training. “After 20 years of research and practice, it is clear that men who choke women are the same men who are likely to later kill those women, kill children, and kill police officers.”

Facts about strangulation:

Strangulation is more common than professionals have realized. Recent studies have now shown that 34 percent of abused pregnant women report being “choked” (Bullock, 2006); 47 percent of female domestic violence victims reported being “choked” (Block, 2000) and most experts believe the rate is higher given the minimization by victims and the lack of education.
Victims of multiple strangulation “who had experienced more than one strangulation attack, on separate occasions, by the same abuser, reported neck and throat injuries, neurologic disorders and psychological disorders with increased frequency”. (Smith, 2001)
Almost half of all domestic violence homicide victims had experienced at least one episode of non-fatal strangulation prior to a lethal violent incident (Glass, Sage, 2008). Victims of prior non-fatal strangulation are 800 percent more likely of later becoming a homicide victim. (Glass, et al, 2008).
Strangulation is more serious than professionals have realized. Loss of consciousness can occur within 5 to 10 seconds and death within 4 to 5 minutes. (Watch, 2009; Hawley, McClane, 2001). The seriousness of the internal injuries may take a few hours to be appreciated and delayed death can occur days later. (Hawley, McClane, 2001).

Because most strangulation victims do not have visible injuries, strangulation cases may be minimized or trivialized by law enforcement, medical and mental health professionals.

Two Cherokee tribes seeking state recognition

By Chelyen Davis, http://news.fredericksburg.com

RICHMOND—On Friday, the Senate Rules Committee approved resolutions to grant state recognition to two different bands of Cherokee Indians in Virginia.

But no one on the committee, including the resolutions’ sponsors, could really explain how the two bands are different and distinct. No one spoke up to avow that the tribes met all the stringent criteria that used to be required for state recognition.

No one knew those things, in part, because there is no longer a Virginia Council on Indians to vet tribes’ applications for state recognition. That’s why the two Cherokee tribes are going through the General Assembly for recognition.
A resolution from Sen. Steve Newman, R–Lynchburg, grants state recognition to the United Cherokee Indian Tribe of

Virginia, known more commonly—according to his resolution—as the Buffalo Ridge Band of Cherokee.
Now based around Amherst, that tribe traces their roots back to Northumberland County on the Northern Neck. A House version of Newman’s bill was also approved by a committee on Thursday.

The other resolution comes from Sens. Jill Vogel, R–Winchester, and Kenny Alexander, D–Norfolk. It would grant state recognition to the Appalachian Cherokee Nation of Virginia—a tribe long based in the mountains of western and Southwest Virginia.

While the resolutions provide an outline of each tribe’s claims to state recognition, neither resolution could contain all the background documentation the council used to require. And both resolutions are careful to state that the “Commonwealth, by this resolution, does not address the question of whether the tribe has been continuously in existence since 1776,” which once was one of the many requirements for state recognition through the council.
The council had been responsible for vetting other tribes’ recognition efforts since 1983, when the General Assembly granted state recognition to eight tribes—a status that can offer tribes access to grants or standing to protest when, for example, their burial grounds are threatened.
The state then assigned to those tribes, through the Virginia Council on Indians, the task of vetting other tribes that wanted state recognition. Since then, just two tribes have won recognition through the council—the last in 1989.
Three years ago, aided by the star power of singer Wayne Newton, the General Assembly granted state recognition to the Stafford-based Patawomeck Indian Tribe as well as two others. All three tribes had applied to the council for recognition, only to be turned down for not meeting the strict criteria.
Tribes had to prove that their tribe existed in Virginia at the time Europeans made contact; that it has existed in some form ever since; and that it is a distinct group, among other requirements.
Such proof can be difficult for a tribe to gather, in part because racist state policies regarding Indians in the early 20th century led some to hide their heritage. For years, Indians could not identify themselves as such on vital records, like birth certificates—the state required them to declare themselves white or “colored.”
The Patawomecks had applied to the council for state recognition and been denied. Frustrated at what they felt was stonewalling, they turned to their delegate, House Speaker Bill Howell, R–Stafford, who filed a bill in 2010 to grant them state recognition.
In General Assembly hearings that year, the already-recognized tribes protested, saying a rigorous vetting process for state recognition of tribes was necessary.
But lawmakers were frustrated by the council’s reluctance to accept new tribes, and passed the resolutions anyway.
At the time, lawmakers warned the council that it needed to revamp its vetting process for new tribes.
Instead, the VCI essentially went defunct. Minutes from meetings after that year show that over and over, no business was done because there weren’t enough tribe representatives there.
Finally, the state disbanded the council entirely.
“They weren’t a functioning commission, so we eliminated them,” said Sen. Steve Newman, R–Lynchburg, who has proposed one of the Cherokee resolutions.
Newman said the council was too tied to preserving the status quo, protecting the tribes it liked and refusing to consider others.
“They would be dismissive of the people who would come before them,” he said.
But the council’s dissolution leaves Virginia with nobody in charge of determining how tribes can qualify for state recognition.
Some senators on the Senate Rules committee expressed concern with how the two Cherokee bands are different. Newman promised to get that question resolved before the resolution—now combining both Cherokee groups—gets to the full Senate next week.
Newman said he is satisfied with the Buffalo Ridge Cherokees’ claim. “I saw a lot of documentation” going back to the 1500s, he said.
But Newman also said that granting state recognition simply through legislative action is “not the best way to do it.”
He said the state needs to develop a policy and a set of rules for recognition.
If he and Vogel and Alexander can’t sort out the differences between the two Cherokee groups seeking recognition, their resolution may turn into a requirement for a more standardized policy to be developed over the next year.
“These things are so emotional. These people are very passionate about their history,” Newman said. “But no legislator has the time to delve into this.”

USDA Proposes Standards to Provide Healthy Food Options in Schools

Release No. 0019.13
Contact:
Office of Communications (202) 720-4623

New “Smart Snacks in School” proposal to ensure vending machines, snack bars include healthy choices

WASHINGTON, Feb. 1, 2013 – USDA today announced the public comment period has opened on proposed new standards to ensure that children have access to healthy food options in school.

“Parents and teachers work hard to instill healthy eating habits in our kids, and these efforts should be supported when kids walk through the schoolhouse door,” said Agriculture Secretary Tom Vilsack. “Good nutrition lays the groundwork for good health and academic success. Providing healthy options throughout school cafeterias, vending machines, and snack bars will complement the gains made with the new, healthy standards for school breakfast and lunch so the healthy choice is the easy choice for our kids.”

The Healthy, Hunger-Free Kids Act of 2010 requires USDA to establish nutrition standards for all foods sold in schools — beyond the federally-supported school meals programs. The “Smart Snacks in School” proposed rule, to be published soon in the Federal Register, is the first step in the process to create national standards. The new proposed standards draw on recommendations from the Institute of Medicine, existing voluntary standards already implemented by thousands of schools around the country, and healthy food and beverage offerings already available in the marketplace.

Highlights of USDA’s proposal include:

More of the foods we should encourage. Promoting availability of healthy snack foods with whole grains, low fat dairy, fruits, vegetables or protein foods as their main ingredients.
Less of the foods we should avoid. Ensuring that snack food items are lower in fat, sugar, and sodium and provide more of the nutrients kids need.
Targeted standards. Allowing variation by age group for factors such as beverage portion size and caffeine content.
Flexibility for important traditions. Preserving the ability for parents to send in bagged lunches of their choosing or treats for activities such as birthday parties, holidays, and other celebrations; and allowing schools to continue traditions like occasional fundraisers and bake sales.
Reasonable limitations on when and where the standards apply. Ensuring that standards only affect foods that are sold on school campus during the school day. Foods sold at an afterschool sporting event or other activity will not be subject to these requirements.
Flexibility for state and local communities. Allowing significant local and regional autonomy by only establishing minimum requirements for schools. States and schools that have stronger standards than what is being proposed will be able to maintain their own policies.
Significant transition period for schools and industry. The standards will not go into effect until at least one full school year after public comment is considered and an implementing rule is published to ensure that schools and vendors have adequate time to adapt.

The public is encouraged to review the proposal and to provide comments and information for consideration by USDA. The text of the proposed rule is available at http://www.fns.usda.gov/cga/020113-snacks.pdf . Once the rule is published in the Federal Register, which is expected next week, the public will be able to provide feedback through http://www.regulations.gov/. USDA will seek public comment on the proposal for 60 days.

Earlier this week, the Centers for Disease Control and Prevention (CDC) issued a report that analyzed state policies for food and beverages served outside the school lunch line which noted that 39 states already have a state law, regulation or policy in place related to the sale or availability of snack foods and beverages in schools. In many cases, local level (district and school) policies and practices exceeded state requirements or recommendations. USDA’s proposal would establish a national baseline of these standards, with the overall goal of improving the health and nutrition of our kids.

These proposed standards are part of a bi-partisan package of changes passed by Congress in 2010 designed to ensure that students have healthy options in school. Other parts of that package include updated nutrition standards for federally-subsidized school meals that provide children more fruits, vegetables, and whole grains; additional funding for schools to support improved meals; and guidance on stronger local wellness policies.

Collectively these policies will help combat child hunger and obesity and improve the health and nutrition of the nation’s children; a top priority for the Obama Administration. The proposed rule announced today is an important component of First Lady Michelle Obama’s Let’s Move! initiative to combat the challenge of childhood obesity.

USDA’s Food and Nutrition Service administers America’s nutrition assistance programs including the National School Lunch and School Breakfast programs, the Summer Food Service Program, and Supplemental Nutrition Assistance Program, and the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). Together these programs make up the federal nutrition safety net.

For more information on the proposed rule, visit: http://www.fns.usda.gov/cga/020113-qas.pdf

USDA is an equal opportunity provider and employer. To file a complaint of discrimination, write: USDA, Office of the Assistant Secretary for Civil Rights, Office of Adjudication, 1400 Independence Ave., SW, Washington, DC 20250-9410 or call (866) 632-9992 (Toll-free Customer Service), (800) 877-8339 (Local or Federal relay), (866) 377-8642 (Relay voice users).