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Quote from : General Accounting Office : September 7, 2000
The Honorable Thad Cochran
Chairman, Subcommittee on International Security, Proliferation, and
Federal ServicesCommittee on Governmental Affairs
United States Senate
The Honorable John M. McHugh
Chairman, Subcommittee on the Postal Service
Committee on Government Reform
House of Representatives
This letter responds to your requests to review electronic commerce (ecommerce) initiatives of the U.S. Postal Service (USPS).
Members of Congress and postal stakeholders have raised issues related to the merits of USPS’ development of nonpostal products and services, including those that are e-commerce related.
As USPS has recently developed and implemented a number of e-commerce initiatives, you requested us to provide information on the status of USPS’ e-commerce activities and related legal and regulatory matters.
Specifically, our objectives were to describe USPS’ (1) e-commerce initiatives that have been implemented or
are being developed, (2) goals and strategies for the e-commerce area, (3) processes for approving these initiatives, and (4) expected performance and results to date related to e-commerce initiatives.
During the course of our review, we identified areas where USPS can improve its management
of its e-commerce activities, and this report discusses these areas as well.
An additional objective was to describe USPS’ views on how major federal laws and regulations apply to its e-commerce initiatives and to identify legal issues that have been raised concerning its e-commerce activities.
USPS is in the early stages of developing its current e-commerce program.
We previously reported on USPS’ new products and services, including several e-commerce activities piloted or implemented during fiscal years 1993 through 1997.
Since then, USPS has discontinued its earlier ecommerce activities, some of which have helped USPS develop new ecommerce-related products and services.
...Most people desperate for a job will in fact volunteer to do that mandatory thing the deminishes them and compromises them as a legal path to paying their bills through gainful employment.
Gainful employment that now in 8/10 cases can only be obtained through the State or large corporate style monopolies that have all kinds of voluntary/mandatory things you must submit to in order to get a legal paycheck.
Yet the truth is that list of voluntary/mandatory things crows as do the monopolies that are the very few places that people can turn to for legal employment and income....
Coercion
in law, the unlawful act of compelling a person to do, or to abstain from doing, something by depriving him of the exercise of his free will, particularly by use or threat of physical or moral force....
..... In the law of contracts, the use of unfair persuasion to procure an agreement is known as duress. Duress , in law, actual or threatened violence or imprisonment, by reason of which a person is forced to enter into an agreement or to perform some other act against his will. such a contract is void unless later ratified. encyclopedia2.thefreedictionary.com...
Coercion
The intimidation of a victim to compel the individual to do some act against his or her will by the use of psychological pressure, physical force, or threats....
In the laws governing wills, coercion is present when a testator is forced by another to make provisions in his or her will that he or she otherwise would not make if permitted to act according to free choice. It is an element of both duress and Undue Influence, two ways in which a testator is deprived of his or her free choice in making the will....
Coercion, as an element of duress, is grounds for seeking the Rescission or cancellation of a contract or deed. When one party to an instrument is forced against his or her will to agree to its terms the document can be declared void by a court....
The coercion of small businesses by a cartel to fix prices of particular items supplied to them is a violation of antitrust laws, which are intended to prevent the restraint of competition in commerce. Laws regulating labor-management relations are violated by coercion when the employer coerces employees not to join a Labor Union or when a union representative pressures, uses physical force, or threatens an employee into joining the union....
COERCION, criminal law, contracts. Constraint; compulsion; force.
2. It is positive or presumed. 1. Positive or direct coercion takes place when a man is by physical force compelled to do an act contrary to his will; for example, when a man falls into the hands of the enemies of his country, and they compel him, by a just fear of death, to fight against it.
3.-2. It is presumed where a person is legally under subjection to another, and is induced, in consequence of such subjection, to do an act contrary to his win. A married woman, for example, is legally under the subjection of her husband, and if in his company she commit a crime or offence, not malum in se, (except the offence of keeping a bawdy-house, In which case she is considered by the policy of the law as a principal, she is presumed to act under this coercion.
4. As will (q.v.) is necessary to the commission of a crime, or the making of a contract, a person coerced into either, has no will on the, subject, and is not responsible. Vide Roscoe's Cr. Ev. 7 85, and the cases there cited; 2 Stark. Ev. 705, as to what will, amount to coercion in criminal cases.
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856. legal-dictionary.thefreedictionary.com...
Duress
Unlawful pressure exerted upon a person to coerce that person to perform an act that he or she ordinarily would not perform.
Duress also encompasses the same harm, threats, or restraint exercised upon the affected individual's spouse, child, or parent.
Duress is distinguishable from Undue Influence, a concept employed in the law of wills, in that the latter term involves a wrongdoer who is a fiduciary, one who occupies a position of trust and confidence in regard to the testator, the creator of the will.
Duress also exists where a person is coerced by the wrongful conduct or threat of another to enter into a contract under circumstances that deprive the individual of his or her volition.
As a defense to a civil action, the federal Rules of Civil Procedure require that duress be pleaded affirmatively.
Except with respect to Homicide, a person who is compelled to commit a crime by an unlawful threat from another person to injure him, her, or a third person, will generally not be held responsible for its commission. legal-dictionary.thefreedictionary.com...
....The biggest problem is too few American's actually know their rights let alone defend them. They wait until they are arrested before they give a damn about that and by then it is too late. As well as too damned expensive due to lawyers with their uselessness becoming a commodity. Due to an ignorant populace too lazy to know, defend, and comprehend their rights.
Originally posted by crimvelvet
reply to post by SpartanKingLeonidas
I was just commenting on another tread that a course on the Constitution, Federalist Papers and the law should be a required course in High School.
Originally posted by crimvelvet
Any one who trusts a lawyer is a FOOL.
Originally posted by crimvelvet
I had to go through five lawyers to find a relatively honest one. I also went to the nearest law library and looked up the relevant laws and cases and gave my lawyer the information. He was unaware of some of it.
Originally posted by crimvelvet
Ignorance of the law cost my spouse and I about $500,000. There are millions of others who also have been conned, scammed and taken advantage of because of an ignorance of the law. I took two law courses at the Community College and I would strongly urge everyone to do the same. They were Contract law and Employment law - the absolute minimum a US citizen should have.
Originally posted by crimvelvet
Also if you are EVER in a criminal case as the victim NEVER EVER trust the DA. Get your own lawyer if you truly want justice. The DA and the judges just want to push as many cases through court as they can each day. It is up to you to see you actually get the justice you deserve.
But the content and or communication between people in a closed-source website/e-mail service is protected.
NAIS Supporters Fighting Dirty
.....The ACLU took my case - the first one in the USA involving NAIS - and went after my State Dept of Ag.
My State Dept of Ag vehemently denied any wrongdoing. They turfed it all on the shoulders of the expo organizers, claiming that they simply asked that they be moved to another location in the expo away from me.
Technically it should have stopped there, as the ACLU does not normally go after a private corporation in matters like this. But the ACLU believed the whole story 'stunk of censorship' and did not buy the State Dept of Ag's excuse. They then had conversations with the expo organizers and a very interesting story emerged in where even names were named from my State Dept of Ag. They informed the expo organizers that I had been at a huge Farm Expo last August (Untrue as I working). They claimed that I harassed people, was rude and obnoxious and had even caused a riot to break out over NAIS! They also stated that they were 'in fear of being on the same grounds' as me for fear that I would cause another riot. Of course the expo organizers made the decision to ban me. Who wouldn't after hearing such a story from a govt agency? My first reaction was to laugh over this absolutely ridiculous 'story' then I really got angry. I was NOT at said Farm Expo but I did know people who attended. NO riot broke out!
My State Dept of Ag also provided the expo organizers with numerous e-mails that I had written about NAIS - going back an entire year. I saw these e-mails from our State Dept of Ag with my own eyes. It was then that I realized they are actually tracking me on the internet.....
Originally posted by crimvelvet
reply to post by SpartanKingLeonidas
Unfortunately the US Government does not see it that way. Worse the Supreme Court seems willing to back the GOVERNMENT up and not the US citizen.
Originally posted by crimvelvet
This is from a fight between the USDA and farmers:
"In July 2000, USDA officials claimed in our court hearing that, “The farmers have no rights. No right to be heard before the court, no right to independent testing, and no right to question the USDA....” Linda Fallice
Now that statement could be chalked up to the private opinion of a loud mouthed little Hitler in a government position and not the view of the USDA.
Quote from : Wikipedia : Tenth Amendment of the United States of America
The Tenth Amendment (Amendment X) to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791.
The Tenth Amendment explicitly states the Constitution's principle of federalism by providing that powers not granted to the federal government nor prohibited to the states by the Constitution of the United States are reserved to the states or the people.
Text
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Originally posted by crimvelvet
Then you have this:
An outspoken anti - Animal ID exhibitors is denied vendor space at a Farm Expo because the State Dept of Agriculture had her banned. The vendor went after the Expo and this is what was revealed in the course of the legal action.
I am fairly sure she is talking about e-mails and not articles or comments to articles because I KNOW there is a loose group of farmers in e-mail contact with each other.
Quote from : Destron Fearing Website
Destron Fearing is a global leader in innovative animal identification.
With presence in over 40 countries worldwide we seek to provide real world ID solutions to match the ever increasing complexity and opportunities related to animal identification.
Since 1945 we have provided innovative products addressing the needs of livestock producers, companion animal owners, horse owners, wildlife managers and government agencies.
Destron Fearing provides a full complement of radio frequency identification products and software solutions to automate the collection of critical livestock production and carcass information.
Individual and herd information can then be easily transferred between all parties involved in the production and retail of meat products. Information sharing allows the food industry to meet the discriminating demands of the market place.
Amazon Review :
Was IBM, "The Solutions Company," partly responsible for the Final Solution?
That's the question raised by Edwin Black's IBM and the Holocaust, the most controversial book on the subject since Daniel Jonah Goldhagen's Hitler's Willing Executioners.
Black, a son of Holocaust survivors, is less tendentiously simplistic than Goldhagen, but his thesis is no less provocative: he argues that IBM founder Thomas Watson deserved the Merit Cross (Germany's second-highest honor) awarded him by Hitler, his second-biggest customer on earth.
"IBM, primarily through its German subsidiary, made Hitler's program of Jewish destruction a technologic mission the company pursued with chilling success," writes Black.
"IBM had almost single-handedly brought modern warfare into the information age [and] virtually put the 'blitz' in the krieg."
The crucial technology was a precursor to the computer, the IBM Hollerith punch card machine, which Black glimpsed on exhibit at the U.S. Holocaust Museum, inspiring his five-year, top-secret book project.
The Hollerith was used to tabulate and alphabetize census data. Black says the Hollerith and its punch card data ("hole 3 signified homosexual ... hole 8 designated a Jew") was indispensable in rounding up prisoners, keeping the trains fully packed and on time, tallying the deaths, and organizing the entire war effort.
Hitler's regime was fantastically, suicidally chaotic; could IBM have been the cause of its sole competence: mass-murdering civilians?
Better scholars than I must sift through and appraise Black's mountainous evidence, but clearly the assessment is overdue.
The moral argument turns on one question:
How much did IBM New York know about IBM Germany's work, and when?
Black documents a scary game of brinksmanship orchestrated by IBM chief Watson, who walked a fine line between enraging U.S. officials and infuriating Hitler.
He shamefully delayed returning the Nazi medal until forced to--and when he did return it, the Nazis almost kicked IBM and its crucial machines out of Germany.
(Hitler was prone to self-defeating decisions, as demonstrated in How Hitler Could Have Won World War II.)
Black has created a must-read work of history.
But it's also a fascinating business book examining the colliding influences of personality, morality, and cold strategic calculation.
--Tim Appelo
First and foremost, what a crock of crap, farmers have just as many rights as everyone else.
This is a case where either the U.S.D.A., or an idiot acting upon the behalf of them, acted in error. And was counting upon the ignorance of said farmers.
FDA's Response to FTCLDF Suit over Interstate Raw Milk Ban
"Growing numbers of people in this country are obtaining the foods of their choice through private contractual arrangements such as buyers' club agreements and herdshare contracts. FDA's position is that the agency can interfere with these agreements because, in FDA's view, there is no fundamental right to enter into a private contract to obtain the foods of choice from the source of choice."
The agency has long opposed 'freedom of food choice' but its response to the FTCLDF complaint represents FDA's strongest public statement yet on the freedom to obtain and consume the foods of one's choice.
FDA's Views on Freedom of Choice
Here are some of FDA's views expressed in its response on 'freedom of food choice' in general and on the right to obtain and consume raw milk in particular:
* "Plaintiffs' assertion of a new 'fundamental right' to produce, obtain, and consume unpasteurized milk lacks any support in law." [p. 4]
* "It is within HHS's authority . . . to institute an intrastate ban [on unpasteurized milk] as well." [p. 6]
* "Plaintiffs' assertion of a new 'fundamental right' under substantive due process to produce, obtain, and consume unpasteurized milk lacks any support in law." [p.17]
* "There is no absolute right to consume or feed children any particular food." [p. 25]
* "There is no 'deeply rooted' historical tradition of unfettered access to foods of all kinds." [p. 26]
* "Plaintiffs' assertion of a 'fundamental right to their own bodily and physical health, which includes what foods they do and do not choose to consume for themselves and their families' is similarly unavailing because plaintiffs do not have a fundamental right to obtain any food they wish." [p. 26]
* FDA's brief goes on to state that "even if such a right did exist, it would not render FDA's regulations unconstitutional because prohibiting the interstate sale and distribution of unpasteurized milk promotes bodily and physical health." [p. 27]
* "There is no fundamental right to freedom of contract." [p. 27]
So, to deal with this word, collectivism, our first order of business is to throw out the garbage. If we are to make sense of the political agendas that dominate our planet today, we must not allow our
thinking to be contaminated by the emotional load of the old vocabulary...
...It may surprise you to learn that most of the great political debates of our time – at
least in the Western world – can be divided into just two viewpoints. All of the rest is fluff... It is a contest between the ethics of collectivism on the one hand and individualism on the other.
Those are words that have meaning, and they describe a philosophical chasm that divides the entire Western world. In the Middle East and parts of Africa and Asia, there is a third ethic called theocracy, a form of government that combines church and state and compels citizens to accept a particular religious doctrine.... www.freedomforceinternational.org...
What are the elements of collectivism that are common to all of these seemingly opposite forces? Collectivists on the so-called Left and Right agree that:
1. Rights are derived from the state;
2. The group is more important than the individual;
3. Coercion is the preferred method to bring about reform;
4. Laws should be applied differently to different classes;
5. Providing benefits (redistributing wealth) is the proper role of government.
...These principles themselves that cause injustice, scarcity, and freedom's demise. History has already shown this truth in the form of despotism under Nazism (the so-called Right) and Communism (the so-called Left). It is sad that intelligent people with knowledge of this history still cling to the myth that they are opposites when it is so clear they are merely different manifestations of the same ideology.
www.freedomforceinternational.org...
Governor Easley’s staffer’s reply…
As for the “coercive tactics” of requiring children to sign up for this voluntary program: Exhibiting at the N.C. State Fair is not mandatory any more than driving a vehicle is mandatory. However, if you voluntarily choose to show at the fair, there are stipulations attached to that choice, such as entry forms to be correctly filled out, entry fees to be paid, health examinations, etc., just as if you drive a vehicle you must have a valid driver’s license. That a choice carries conditions does not change the voluntary nature of the “choice,” any more than requiring a driver’s license makes driving a vehicle mandatory by law.
1. Establishing competition policies.
H - Clarify the Congressional mandate allowing state and local entities to provide broadband in their communities and do so in ways that use public resources more effectively.
I - Clarify the relationship between users and their online profiles to enable continued innovation and competition in applications and ensure consumer privacy, including the obligations of firms collecting personal information to allow consumers to know what information is being collected, consent to such collection, correct it if necessary, and control disclosure of such personal information to third parties.
Quote from : Wikipedia : Pasteurization
Pasteurization is a process of heating a food, usually liquid, to a specific temperature for a definite length of time, and then cooling it immediately.
This process slows microbial growth in food.
The process of heating wine to preserve it longer was known in China since AD.1117, and is documented in Japan in 1568 in the diary Tamonin-nikki, but the modern version was created by the French chemist and microbiologist Louis Pasteur, after whom it is named.
The first pasteurization test was completed by Louis Pasteur and Claude Bernard on April 20, 1864.
The process was originally conceived as a way of preventing wine and beer from souring.
Unlike sterilization, pasteurization is not intended to kill all micro-organisms in the food. Instead pasteurization aims to reduce the number of viable pathogens so they are unlikely to cause disease (assuming the pasteurized product is stored as indicated and consumed before its expiration date).
Commercial-scale sterilization of food is not common because it adversely affects the taste and quality of the product.
Certain food products, like dairy products, are superheated to ensure pathogenic microbes are destroyed.
Originally posted by timewalker
reply to post by SpartanKingLeonidas
Thanks,
I am not trying to derail you here. I am just pretty upset about the whole fiasco.