Archive for the ‘Fourth Amendment’ Category

BLONDER TONGUE LABORATORIES INC : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an…

Item 1.01 Entry into a Material Definitive Agreement.

As previously disclosed, on October 25, 2019, Blonder Tongue Laboratories, Inc.(the "Company"), R. L. Drake Holdings, LLC, a wholly-owned subsidiary of theCompany, Blonder Tongue Far East, LLC, a wholly-owned subsidiary of the Companyand MidCap Business Credit LLC ("MidCap") entered into a Loan and SecurityAgreement (All Assets) (the "Original Agreement"), which was subsequentlyamended by a Consent and Amendment to Loan Agreement and Loan Documents dated asof April 7, 2020 (the "First Amendment"), a Second Amendment to Loan Agreementdated as of January 8, 2021 (the "Second Amendment"), a Third Amendment to LoanAgreement dated as of June 14, 2021 (the "Third Amendment"), a Fourth Amendmentto Loan Agreement dated as of July 30, 2021 (the "Fourth Amendment"), a FifthAmendment to Loan Agreement dated as of August 26, 2021 (the "Fifth Amendment"),a Sixth Amendment to Loan Agreement dated as of December 16, 2021 (the "SixthAmendment," a Seventh Amendment to Loan Agreement dated as of February 11, 2022(the "Seventh Amendment"), an Eighth Amendment to Loan Agreement dated as ofMarch 3, 2022 (the "Eighth Amendment"), a Ninth Amendment to Loan Agreementdated as of April 5, 2022 (the "Ninth Amendment") and a Tenth Amendment to LoanAgreement dated as of May 5, 2022 (the "Tenth Amendment") and together with theOriginal Agreement, the First Amendment, the Second Amendment, the ThirdAmendment, the Fourth Amendment, the Fifth Amendment, the Sixth Amendment, theSeventh Amendment, the Eighth Amendment, the Ninth Amendment and the TenthAmendment, (the "Loan Agreement").

The parties have entered into an Eleventh Amendment to Loan Agreement, dated asof June 14, 2022 ("Eleventh Amendment"), to, among other things, (i) modify theLoan Agreement's definition of "Borrowing Base" to extend the Company's WIPadvance and the amortization of the Company's overadvance facility until July 1,2022, and (ii) delete in its entirety from the Loan Agreement the Company'sminimum EBITDA covenant. All other substantive terms of the Loan Agreementcontinue in full force and effect.

The foregoing summary of the Eleventh Amendment is not complete and is qualifiedin its entirety by reference to the full text of the Eleventh Amendment, whichis attached as Exhibit 10.1 to this Current Report on Form 8-K and isincorporated herein by reference. In addition, the Original Agreement isattached as an exhibit to our Current Report on Form 8-K filed on October 30,2019, the First Amendment is attached as an exhibit to our Current Report onForm 8-K filed on April 9, 2020, the Second Amendment is attached as an exhibitto our Current Report on Form 8-K filed on January 11, 2021, the Third Amendmentis attached as an exhibit to our Current Report on Form 8-K filed on June 15,2021 the Fourth Amendment is attached as an exhibit to our Current Report onForm 8-K filed on August 2, 2021, the Fifth Amendment is attached as an exhibitto our Current Report on Form 8-K filed on August 30, 2021, the Sixth Amendmentis attached as an exhibit to our Current Report on Form 8-K filed on December17, 2021, the Seventh Amendment is attached as an exhibit to our Current Reporton Form 8-K filed on February 15, 2022, the Eighth Amendment is attached as anexhibit to our Current Report on Form 8-K filed on March 4, 2022, the NinthAmendment is attached as an exhibit to our Current Report on Form 8-K filed onApril 8, 2022 and the Tenth Amendment is attached as an exhibit to our CurrentReport on Form 8-K filed on May 5, 2022. We encourage you to read each of theOriginal Agreement, the First Amendment, the Second Amendment, the ThirdAmendment, the Fourth Amendment, the Fifth Amendment, the Sixth Amendment, theSeventh Amendment, the Eighth Amendment, the Ninth Amendment, the TenthAmendment and the Eleventh Amendment in its entirety.

Item 2.03 Creation of a Direct Financial Obligation or an Obligation under an

The information contained in Item 1.01 above with respect to the EleventhAmendment is hereby incorporated by reference into this Item 2.03. Upon adefault under the Loan Agreement, as amended, including the non-payment ofprincipal or interest, the obligations of the borrower may be accelerated andMidCap may pursue its rights under the Loan Agreement, as amended, and therelated pledge agreement, security agreement and guaranty agreement, and underthe Uniform Commercial Code and/or any other applicable law or in equity.

Item 9.01 Financial Statements and Exhibits

(d) Exhibits. The following exhibits are filed herewith:

Edgar Online, source Glimpses

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BLONDER TONGUE LABORATORIES INC : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an...

Letters to the Editor Saturday, June 18 The Daily Gazette – The Daily Gazette

Some still cant see facts about BidenOn May 11, I wrote a letter to the editor (Difficult to change minds about Trump) praising Vince Dacquistos effort to convince readers that Bidens achievements in office were considerable, notwithstanding his low-approval ratings.I added, I guess Republican candidates prefer to endorse political conduct that strikes at the very heart of our democracy rather than risk losing to a Democrat who has every right to brag about Bidens impressive record.Ray Weidman took issue with the last part of that statement (Bidens record is nothing to brag about) in his June 4 letter (Bidens record is not anything to brag on.)Among other sarcasm, he blamed Biden for inflation, for calling parents who challenged their kids education domestic terrorists and for supplying baby formula to undocumented immigrant mothers while American mothers are left wanting.Ill stand by my statement. True, inflation is biting into peoples budgets, but our inflation rate is the same as Europes and consumer spending remains robust while unemployment has fallen to historic lows.Biden never called protesting parents domestic terrorists. That unfortunate term was written in a letter from the National School Boards Association to the Department of Justice pleading for help to protect school officials from parental threats of violence.As for the baby formula nonsense, a 1997 legal settlement requires border officials to provide adequate food and water to children who have been detained. For infants, that can mean providing baby formula. The Biden Administration would be breaking the law if it did not supply formula and other food for people detained in government facilities.Fred ComoBurnt Hills

Bunch of know-it-alls in Bidens worldIn what might be a continuation of just how the frig did we get to be where we are right now, lets examine Joe Bidens administration.This wont be an in-depth examination; there is no need for that. Its rather simple (like Joe Biden).First off you have Joe Biden as president. There is not a lot to him. Hes not complex. And honestly, his actions both physically and mentally show increased incapacity at any level.So there is your starting point on getting here. You have someone [who thinks they are] in charge that cant complete a complete thought.Secondly, you have an administration cabinet that all know that they are correct as far as what needs to be done and in turn move forward their agenda, independent of anyone else in the administration.Lastly, you have the worker bees of those cabinet posts, and they know that their thinking is the correct way to move forward, and go about doing just what they want.To summarize, in the Biden Administration, everyone knows better than anyone else what needs to be done and how to do it and considers themselves the chief.Gerald V. MarmuscakSchenectady

Twisting of the truth is a major problemA few days ago, I listened to an interview on WAMC, a local radio station. They were interviewing the person who was in charge of a Homeland Security Board, whose mission is to assist agencies and the public with identifying disinformation in our media.The problems of mistruths, half-truths and outright fabrications was and continues to be a huge problem in our country. The sources are both foreign and within the United States.Disinformation apparently is favored by groups more interested in twisting information for their own agenda. The Homeland Security person in charge had just resigned because of the distractions generated by accusations of a few of our elected officials as well as members of the public about her and the Agencys mission.I read in the June 12 Gazette (Stefanik touts counter message) about Congresswoman Elise Stefaniks promotion of disinformation as she dismisses the Jan. 6 hearings as unimportant, when the facts say otherwise that we nearly lost our democracy if not for the bravery and steadfastness of the Capitol Police force. The vast majority of Americans understand this and will turn their backs on those that spread untruths.John Van PattenGlenville

Trump, supporters still enduring biasThis is in reference to the huge picture and bold letters on the June 9 front page of The Daily Gazette for the Associated Press article (The chilling details) advertising again Jan. 6 is disgusting:Nothing can compare to the injustice President Trump and his supporters had to endure for four years. In my opinion, this newspaper is, was, and always will be one sided. And if it wasnt for my 100-year-old mother reading the paper daily to give her something to pass the time, I would not hesitate to cancel this biased paper.If people want to know the real truth about Jan. 6 go towww.j6truth.org.The made-for-TV movie is nothing more than that a movie with bad actors.Kathy GuidarelliSchenectady

Life is about learning from our experiencesWhen we were born the process of learning began. It starts out very simple and develops as we mature. The process of learning is part nature and part nurture as we develop the system of learning that we use in everyday life.Some learning comes naturally while other times it is more difficult. Sometimes we learn intentionally and sometimes it is by accident. We all make mistakes throughout our lives, and they are not always failures, but sometimes they are a learning opportunity in disguise. As we make mistakes, we should adjust our behavior and reactions to find a better way to progress and move forward.If we make the same mistakes over and over again, that can be considered a conscious choice. In order to avoid such situations, we must be aware that there are many choices in life that we can control, and making the best choices in every situation comes from years of learning and progression. Thinking about our past mistakes can allow us to progress in the future in a positive direction.The learning that we have done throughout our lives is incredibly valuable. The wisdom that we acquire is one of the greatest things that we can share with the future generations. My grandmother was a schoolteacher and she often said, It is easier to learn when we pay close attention. Now that I have progressed through life and learned continuously, I see how true that is.Eddie BrushSchenectady

Dems are destroying our great countryDoes anyone still believe we are living in a civilized country? An inept president and Congress, who made huge amounts of money while in the government, are continuing to try and erase Donald Trumps time in office.We have pressing issues like murder, looting and all other crimes (up by 30% to 50%); attacks on Supreme Court justices and their families by crazed, drum-beating, costume-wearing idiots; no baby formula; empty shelves; and inflation at a 40-year high. And yet the Republicans are at fault.The emphasis on transgender, BLM and undocumented immigrants has destroyed our country and the Democrat-led Congress and president are doing nothing to stop it. Why do we pay taxes if we cant get food, and yet money goes to undocumented immigrants with a cash card. Stop it.Geraldine KrawitzSaratoga Springs

Elect hard-working Democrats in NiskyFor the first time in memory, there are primaries for seats on the Niskayuna Democratic Committee.Led by a small group of people who have helped elect Republicans in the last two town elections, they have targeted hard-working committee people they have deemed as not being able to control.I do not support these wasteful and hateful efforts. Neither do most Democrats I speak with as I travel around neighborhoods in town in my wheelchair. The primaries have targeted a disabilities rights advocate, a senior citizen, a woman of color, members of the LBGTQ+ and organized labor communities, former and current elected officials, and the young woman who has fought against hate in our town by taking on a defamatory social media site. (This one is really making me wonder if there is a connection.)All of the people being challenged have worked hard to elect Democrats. Theyve donated money, carried petitions and advocated for their campaigns. The same cannot be said for the challengers.I urge you to support the hard-working Democrats who are working to defend our ideals and elect our candidates. Dont be fooled by people who help elect Republicans.Michele DollarNiskayuna

Bidens inflation and immigration hit us allWhats on your mind this weekend? Mulling over the findings of the Jan. 6 committee perhaps? Fretting over the future of our democracy? Thats what the Democrats are hoping.I think its a stretch. Seriously, at the bar. At the dinner table. At the beach, the cocktail party. At the golf course: Is Jan. 6 the hot topic? No, surely not.Its gas, and how you just paid $100 for a fill-up. Its your $100 grocery bill that used to be $60. Your rent that just went up maybe 30% or more.Money is important, and when you feel yourself going financially backwards, you take notice. I lived through the last inflation spiral and I can tell you, nothing concentrates the mind like a financial shock, and the inflation were seeing has come as a real shock.Wait, theres more: There will be another crisis hitting this weekend.The arrival of a caravan of migrants. It is 30 miles long, tens of thousands strong and arrives in the next two or three days. It may not be a hot conversation topic, but, youre going to see the chaos of our borders unfold on your screens.The political reality is this: On June 9, the Democrats staged political theater about a riot. That was yesterday. Today, Bidens crises take center stage, and theyre not going away.Michela DicaprioSchenectady

Bring pickleball to Rotterdam parkKudos to The Schenectady Daily Gazette for their May 17 story (Looking out of bounds) regarding seniors playing pickleball in The Boys and Girls Club. I am proud to be one of them.We are an ever-growing group of senior residents who, in the past, applied for a city grant to reconstruct courts at Riverside Park in the Stockade. We asked Scotia to resurface, clean and replace one net on their courts in the beautiful Collins Park, where we play in the summer months.I called and requested the town of Rotterdam add pickleball lines to the two existing tennis courts in The Eunice Esposito Park.To date, our pleas have gone unheard or placed on the back burner.Saratoga Springs constructed 10 outdoor courts two years ago, while ADK Pickleball boasts three locations for their residents to play.The Capital District has a Facebook page advising places to play. One only need go on YouTube and search Naples MINTO Margaritaville Tournament to learn the community raised $7 million by hosting their annual event. Granted, the Capital District cannot compare to Naples, Fla., but we can most certainly generate revenue by holding a pickleball tournament, if only we had the courts to play on.Surely, our county representatives in Schenectady can sympathize with their aging constituents who merely want to go to the park, play, exercise and be examples of healthy senior living.Deborah DePoaloRotterdam

Juneteenth wasnt end of slavery in U.S.Regarding Juneteenth National Independence Day, are politicians really that ignorant of history?On June 19, 1865, Union Gen. Gordon Granger marched into Galveston, Texas, and announced that the Civil War was over and that slaves were free based upon Lincolns Executive Order, the Emancipation Proclamation of January 1, 1863. But were slaves really free?Gen. Grangers announcement came two months after Gen. Lee surrendered to Gen. Grant at Appomattox, Va., on April 9, 1865, and Lincolns assassination on April 14, 1865.The Emancipation Proclamation applied only to slaves in the 11 Confederate states where Lincoln had no control, and not to the 24 Union states, six of which still had slaves, including New Jersey, Delaware, Maryland, Missouri, Kentucky and West Virginia. Lincolns order was primarily a political gambit to incite a slave rebellion in the South.Lincolns proclamation was unconstitutional and led to the misunderstanding that slavery was the reason for Southern succession and the Civil War, when in fact it was because of high protectionist tariffs which benefited the North and severely damaged the South.The truth is that slavery was not abolished until Congress and the states adopted the Thirteenth Amendment effective December 6, 1865.Thus, Juneteenth isnt based on truth; its bogus history, virtue signaling, vote buying, and another attempt to divide America and displace the 4th of July.Robert DufresneRensselaer

Santabarbara always there to support cityWhen I first moved to Schenectady, I was determined to make a difference. I became involved with the Committee for Guyana Day and served on the Schenectady School Board of Education. I also learned about our Assemblyman Angelo Santabarbara. We have a lot in common. His parents are immigrants who also came to Schenectady years ago. Our families all came here in search of a better life, where their hopes and dreams could come true with grit, determination and hard work. And the most important thing I learned about Angelo is that he has always been there to support us.I know how important our families well-being is to all of us, and I want to thank Angelo for helping Schenectady families keep more of their hard-earned money with common sense bills.He passed a bill to remove the state gasoline tax, got property tax rebate checks for homeowners, expanded the childcare tax credit and utility bill assistance to help seniors in our community. Most importantly, hes made sure the state budget is fully funding our schools to help lower our property taxes and ensure our kids get the quality education they deserve.Junior D. HitlallSchenectady

McGuirl will be a fine Schenectady judgeI got to know Kate McGuirl when I was a member of the Schenectady City Council, and she was the assistant corporation counsel for the city. We had dozens of interactions over those four years, and I was always impressed with her thoughtfulness, her judgment, her temperament, and her attention to detail. When my term ended, I told her that I expected her to be a judge some day, and here we are.Kate will bring a clear head and a kind heart to the City Court, and I know she will represent the citizens of Schenectady with compassion and sound judgment. I happily endorse her candidacy.Tom Della SalaSchenectady

Second Amendment is to protect rightsThe Gazette has recently focused on mass shootings.The style of rifle used in these crimes and the age of the criminal are cited repeatedly as evidence of the need for change in our laws. Joe Biden parrots the mantra: You dont need 20 bullets to kill a deer.In her May 30 letter to The Gazette (Guns no longer used as Founders intended), Marianna Tomasino suggests that the Second Amendment to the Constitution was written to protect flintlock firearms. Flintlock muskets (not rifles) were the state-of-the-art military firearm in the 18th century. A musket had a significantly greater rate of fire compared to a muzzle loading rifle. A militia man was, when drafted, expected to muster in with that weapon, a bayonet, and a cartridge box. If he did not have these items, the government supplied them, and the cost of the items was deducted from his pay. The citizen was expected to report ready to go to war.The Fourth Amendment used to protect the peoples papers from warrantless search, and that protection was extended to ones electronic devices. Similarly, the weapon a citizen would need to go to war today is not a semiautomatic AR -15 rifle, but an automatic rifle like the M-16s and M-4 carbines Biden gave to the terrorists in Afghanistan.Those rifles are showing up in the Americas, along with the Afghani Heroin. The Second Amendment was included to allow citizens to defend the natural rights of a free people.Art HenningsonScotia

Shine light on the anguish of dementiaThere are 563,000 caregivers in New York for people living with Alzheimers or another dementia.I am one of them.June is Alzheimers & Brain Awareness Month and a chance to shed light on this disease.When I brought my mom home to live with me after a few horrid hospital and rehab center stays, she was no longer able to walk, couldnt use the bathroom on her own, and was experiencing paranoid delusions and hallucinations.My mother is very intelligent and taught in the public school system for 30 years, so to see her in this state was alarming. Slowly my mother is healing, and we finally have a diagnosis Lewy Body Dementia. While it is lesser-known than other forms of dementia like Alzheimers, it is a similarly horrible disease that causes a progressive decline in mental abilities and cognitive functions.I am my moms full-time caregiver, and it is a scary responsibility.And although I could never have prepared fully for this role, I have received great support through the Alzheimers Association and the Eddy PACE program.Julia FeboGlenville

Billionaires taking over control of mediaWhen George Orwell published 1984 in 1949, he figured 35 years would be enough time to bring about that dystopia.He was wrong in assuming that it would be governments that would create what Huxley called the brave new world of totalitarianism.Central to Orwells prediction was the taking over of the media to brainwash the public into unthinking obedience to Big Brother through the propaganda, Newspeak. But, as we approach Orwells vision, it turns out that it isnt government controlling the media but, rather, a handful of billionaires.Billionaire Elon Musks plan to buy control of Twitter is just the most recent evidence. Musk, who is now buddies with Saudi billionaire Prince Alwaleed Talal, claims he wants to make Twitter a platform for free speech around the globe. He also believes Twitter shouldnt have banned Trump.Speaking of whom, that record-breaking poster of lies and hate has plans to create his own social media platform.By far the most influential media billionaire is Rupert Murdoch whose media empire includes not only Fox News but the Times of London, the Wall Street Journal, New York Post and publisher HarperCollins.Billionaire Michael Bloombergs Bloomberg Terminal influences readers throughout the world.In Europe, the family of billionaire Axel Springer owns Die Welt, Bild, Politico, and Insider. And, of course, Billionaire Vladimir Putin controls all Russian media, punishing anyone with his Thought Police who dares to state the truth.Welcome to 1984, 38 years late.Richard W. Lewis, Jr.Glenville

Sooner Russia leaves Ukraine, the betterLast month, Russia declared a victory in the Ukrainian city of Mariupol after a three-month siege of the port city. The Russian attack reduced much of the city to rubble with over 20,000 civilians feared dead.After the devastation, Russian Defense Minister Sergei Shoigu reported that the Azovstal steel plant in Mariupol had been liberated.By employing expressions such as victory and liberated in the context of their unprovoked invasion of Ukraine, the Russians were cynically attempting to represent the destruction and death they had caused in heroic terms. This rhetoric may fool some members of the Russian public; however it did not fool the rest of the world.The capture of Mariupol was not heroic but rather, it was a ruthless takeover of the city by the use of military force. It is Putins intent to take over the entire Ukraine using military force.The truth about Russias invasion of Ukraine was well summed up recently by Boris Bondarev, a Russian diplomat assigned to the United Nations, who posted: The aggressive war unleashed by Putin against Ukraine, and in fact against the entire Western world, is not only a crime against the Ukrainian people, but also, perhaps, the most serious crime against the people of Russia, crossing out all hopes and prospects for a prosperous free society in our country.The only victory and liberation regarding the Russian invasion will occur when Russian forces are driven from Ukraine. We should hope that this will occur sooner rather than later.Don SteinerSchenectady

McGuirl has court experience for judgeJudicial Candidate Andrew Healey sent me political mailers containing variations of this blatant lie: Andrew Healey is the only candidate with trial experience and experience in criminal, civil and municipal law. This is not only misleading, its just false.As her paralegal, I worked alongside Kate McGuirl during her tenure in the citys Office of Corporation Counsel.We gathered evidence and prepared witnesses for hundreds of trials. During complex trials, I sat with Kate. She helped residents, crime victims and city employees illustrate their testimony with the exhibits I handed her from boxes. She meticulously proved her cases. Kates trial success addressed and brought resolution to quality of life issues for residents of the city of Schenectady.Kate McGuirl is the only candidate with the knowledge, experience and integrity to be the next Schenectady city court judge. Please join me in voting for her in the primary on June 28.Tiffany WhiteSchenectady

Take time to study candidates and voteWith the upcoming primary and midterm elections, I respectfully ask my fellow New Yorkers to consider the following:First, find out as much as you can about the candidates. Many local newspapers will give you some background information as well as the candidates stance on various topics.Some candidates have a website which may provide useful information.However, carefully consider what the talking heads or pundits in the media (both the right and the left) are saying.Remember, they are paid to advance an agenda, to get you to vote for their guy and not the other guy. Take what they say with a grain of salt and make up your own mind.Second, after researching the candidates, carefully evaluate them, and perhaps consider voting for someone not in your party.They may be the better choice for what you want from your local, state and federal representatives. If an incumbent is running for re-election, consider whether or not theyve done a good job. If they havent, maybe its time for a change.Third, voting is both a right and privilege, one not to be taken lightly or for granted. Please exercise that right and vote in the upcoming elections.Karen Roarty-DansfieldRotterdam

Support Working Families candidatesThis month, we have an opportunity to propel two Democratic candidates, endorsed by the Working Families Party, to victory this primary season and on to the general election in November.Justin Chaires for the state Assembly, District 111, and Kate McGuirl for Schenectady City Court judge.In todays cultural and political climate, we must take this opportunity to distinguish between mediocre, privileged candidates, who take positions of convenience, from those who have risen from injustice and inequity and who will bring their insight, determination and critical perspectives to elected office.The Working Families Party endorsement is a true litmus test which helps to inform the general public about which candidates truly represent progressive values. Justin Chaires and Kate McGuirl are qualified, prepared and can represent all of us who have been marginalized for generations.This primary season, join me in rejecting privilege. Vote to further destroy the glass ceiling and help Schenectady make history.Do it for the little girls, the transgender and non-binary youth and the little boys who have never seen someone who looks like them in state level elected office representing the city of Schenectady.Chad PutmanSchenectadyThe writer is Schenectady County co-chair, Working Families Party.

Note who made the mess in RotterdamI have been to several Rotterdam Town Board meetings and think it is time to give credit where it is due.1. Who approved a contract for Via-Port, with a downpayment of $1 million without a public hearing?2. Who approved a contract to sell water to Guilderland at a lower rate than Albany or Watervliet were charging them?3. Who agreed to get a new Water Withdrawal Permit to sell water to Guilderland with a mandate from DEC to install water meters in the town at a cost of over $8 million?4. Who changed the well-established accounting practices in the town for over 50 years which created an accounting nightmare for the taxpayers of Rotterdam?5. Last but least, who at the 11th hour changed the fee structure for water and sewers on 12/31/21?Give up? The answer is: the previous Town Board.And who has to clean up the mess: the current Town Board.At election time next year, make sure you Give credit, where it is due.Bob GodlewskiSchenectady

Capitol riot deniers will not get our voteAnyone who denies what happened on Jan. 6, 2021, is just as guilty of attacking our democracy as those misguided people who did the assault.First and foremost is Rep. Elise Stefanik, who we all know considers the former president her mentor; he, who fueled the attack on our Capitol, our democracy.In our opinion, any person running for election who denies what happened on Jan. 6 will not get our votes.Our only hope is that true Americans will feel the same way and vote the same way.Vincent and Carol CarelliAmsterdam

Justice in America no longer about fairnessFederal (alphabet) law enforcement is playing cat and mouse with the protection of Supreme Court judges. Hedging their bets.DOJ intelligence knows who the agitators are.The agitators are operatives of the Democrat Party, a protected class.It would be naive to think that federal law enforcement does not do the will of the state, not the people.When the state becomes the exclusive tool of one political party, you have fascism. This is where we are in America.When a candidate for office has a legal issue pertaining to his campaign, the candidate goes judge shopping. That expression should put fear in your heart.Justice is not blind in America, justice is AWOL.The definition of justice is as follows.1. The quality of being just; fairness.2. The principle of moral rightness; decency.3. Conformity to moral rightness in action or attitude; righteousness.See much of this definition in the American legal system?Silence in the presence of injustice is the essence of injustice.Edmond DayRotterdam

Rules for commenting:The Gazette will not tolerate name-calling; profanity, threats; accusations of racism, mental illness or intoxication; spreading of false or misleading information; libel or other inappropriate language in any form, and readers may not make any such comments about or directly to specific individuals.Readers who violate the policy will be warned and then banned.

Categories: Letters to the Editor, Opinion

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Letters to the Editor Saturday, June 18 The Daily Gazette - The Daily Gazette

After the leak, the Supreme Court seethes with resentment and fear behind the scenes – NPR

Erin Schaff/Pool/AFP via Getty Images

Erin Schaff/Pool/AFP via Getty Images

At the Supreme Court, nothing is as usual this term after the leak of Justice Samuel Alito's draft opinion in the biggest abortion case in nearly a half-century.

Normally at this time of year, the justices would be exchanging hundreds of pages of draft opinions and working with each other to resolve differences and reach consensus in the most challenging cases of the term. Instead, the court is riven with distrust among the law clerks, staff and, most of all, the justices themselves.

The atmosphere behind the scenes is so ugly that, as one source put it, "the place sounds like it's imploding." To cite just one public example, Justice Clarence Thomas in a speech a few weeks ago seemed to say he no longer trusts his colleagues.

"When you lose that trust, especially in the institution that I'm in, it changes the institution fundamentally," he told a conservative group. "You begin to look over your shoulder. It's like kind of an infidelity that you can explain it but you can't undo it."

Specifically, he implied that he doesn't trust Chief Justice John Roberts.

"The court that was together 11 year[s] was a fabulous court. It was one you look forward to being a part of," he said.

Those 11 years were when the chief justice was William Rehnquist, who died in 2005 and was succeeded by Roberts, who, ironically, had been one of Rehnquist's clerks many years earlier.

The root of the current antipathy is not definitely known. What is known is that Roberts infuriated some of conservatives on the court 10 years ago when he changed his mind and voted to uphold key provisions of the Affordable Care Act. These switches are rare, but they do happen; justices change their minds, and in good faith. But that switch so angered some of the court's conservatives that it leaked, obviously from someone connected to a conservative justice, who aimed to embarrass Roberts.

Now, there is a much bigger and, in fact, unprecedented leak to deal with an actual draft opinion reversing a half-century of abortion precedents. The chief justice called the leak "a betrayal" and ordered the Supreme Court marshal to conduct an internal investigation. But the investigation may only be adding to problems at the court.

To begin with, the Supreme Court marshal overseeing the probe has no experience as an investigator; nor do the Supreme Court police. Their job is to protect the justices. And people who do have experience as investigators say that leak inquiries are, in the words of several, "nightmares."

Glenn Fine, a former inspector general for the Justice Department and then the Defense Department in both Democratic and Republican administrations, conducted and supervised lots of these investigations.

Typically, he wrote, in the beginning "we would be told that ... only a few people had access to the material that had been leaked. Only a few individuals were at the key meeting or worked on the document."

But, he said, "invariably when we probed the universe of people who had access," the number expanded "exponentially." Instead of a discrete few, the number included "additional co-workers, office staff, computer administrative staff, family and friends of those working on the matter, even people who passed through the office," and in the pandemic era, one might assume, the homes of the justices and others working from home. Fine said that even if there was some evidence of contact with a reporter, "we were usually unable to prove that the contact led to the leak." Therefore, most of the time, all the investigators ended up with were theories and speculation.

Now, turning to this leak, CNN has reported that the court "has taken steps to" ask the clerks to sign sworn affidavits and to essentially dump their cellphones.

"Taken steps to" doesn't mean that anything has actually happened. But if the clerks have been asked to sign an affidavit, it is unknown what is in the affidavit or will be in the affidavit. And while the leak of a draft opinion is in fact a huge ethical breach, the draft is not classified, so the leak is not a crime. That said, lying in a sworn affidavit is.

So, imagine you swear under oath that you didn't have anything to do with the leak, and it turns out that your former college classmate is a reporter, and you had dinner with him in April prior to the leak; you could be in a heap of trouble. So, indications are that some law clerks are lawyering up. And some justices may forbid cooperation with a probe they see as a witch hunt.

Not to mention that if the court can dump information from a clerk's cellphone without a warrant, that directly contradicts the Supreme Court's own ruling eight years ago when it said that police could not search a suspected gang member's phone without a warrant after he was pulled over in a traffic stop.

Roberts wrote the court's unanimous opinion, saying that modern cellphones are not just another technological convenience. They are a compendium of everything in a person's life your political preferences, interests, hobbies, medical records, where you have been and with whom.

"Allowing a warrantless search of all this information is not just an incidental intrusion like a peek into a cigarette pack," he said in summarizing the opinion from the bench. "It is a significant invasion of privacy."

The Fourth Amendment, he noted, was the Founders' response to the reviled "general warrants" of the colonial era, which allowed British officers "to rummage through homes in an unrestrained search for evidence of criminal activity."

A cellphone search, without a warrant, the court concluded, is no different.

Now, however, the court may be doing just that, and the terrified law clerks have been calling law firms, wondering whether they need legal representation. All of this presents its own ethical problems, since these law firms do have cases in front of the Supreme Court.

As for the court itself, it is not in a good place.

"I don't know how on earth the court is going to finish up its work this term," said a source close to the justices. The clerks, he explained, are sort of "the court's diplomatic corps." Especially at this time of year, they talk to each other, with the approval of their bosses, to find out how far the envelope can be pushed in this case or that one or conversely, how can we soften language to get five justices on board. But at the moment, he noted, the clerks are terrified that their whole professional lives could be blown up, so they aren't able to do that. In short, it's a very perilous time for the Supreme Court.

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After the leak, the Supreme Court seethes with resentment and fear behind the scenes - NPR

Your Car Is Tracking You Just as Much as Your Smartphone Isand Your Data Is at Risk – The Drive

Most modern cars know their locations better than their owners do. As suites of connected-car apps become mainstream for both emergency functionality (such as General Motors' OnStar) or for owner conveniences such as remote start or parking guidance, new vehicles are overflowing with data needed to support always-on connectivity.

While most owner concerns (and popular attention) have been fixed on unallowed hacks into such systems by bad actors, there are still massive troves of automatically generated data open to anyone with the knowledge to access it, and even the "proper" use of this data can be a risk to consumers who seek privacy. Your home, your work, every trip you've taken no matter how private: it all can be seen by companies, countries, and individuals you've never given permission to follow your travels, and completely legally.

Struggling to think of a need for privacy besides what's already been extensively reported and debated? One recent example: As certain states attempt to make previously legal medical care (such as abortion, contraception, and basic trans-related medication and care) illegal to access, the modern connected car and its troves of data have the potential to become a governments unintentional best friend and a driver's worst enemy as prosecution intensifies. Even if you're not immediately affected by your car tracking your habits, state law has been changing increasingly rapidlyfamilies in Texas found their access to trans care restricted within a week of the governor's directive to eliminate itand you may find yourself criminalized a week from now unexpectedly over some other arbitrary decision.

The good news is there's already proposed legislation to combat the current freewheeling fate of our privacy. The bad news is we don't know how long that legislation will take to pass, if it does at all.

To understand how driving a car could incriminate someone, its worth examining just what kind of data the car itself collects and transmits.

In 2021, 90 percent of cars sold in the United Statesand around 130 million total cars sold worldwidecontained some form of embedded connectivity. This built-in connectivity can take many forms (built-in Wi-Fi connectivity, infotainment systems that connect to cellular networks, and even Bluetooth systems) but all of them share a few things in common: They collect (and transmit) massive amounts of data, they are usually truly embedded in the physical car (and comprise some core functionality of it), and owners rarely have control of where it ends up. This trove of data is known as telematics, and its a multi-billion-dollar industry with wide-reaching implications for consumers.

Most consumers never have an inkling of just how powerfuland plentifulthis telemetry data is. The raw amount of information itself is overwhelming to consider; a case study by the Washington Post on a 2018 Chevrolet Volt showed that the car generated up to 25 gigabytes per hour of data across every category imaginable; for context, browsing Instagram for an hour uses a mere 720 megabytes. This deluge of data the Volt created included location specifics, even when the GPS was not being actively used by the driver. In the case of the Chevy that was studied, researchers even bought a used Volt navigation system on eBay and were able to construct the previous owners daily life and routine down to their home, workplace, and oft-frequented gas station, simply by poring through stored location data that the infotainment system automatically logged.

An earlier study from 2017, undertaken by a student at the University of Ontario Institute of Technology, pulled similar location data from a variety of late-model vehicles infotainment systems that logged exact coordinates even when the GPS was not engaged. In certain versions of Fords Sync infotainment system installed in mid-2010s-era Fords, the researcher found that vehicle and system generated events also generated GPS coordinates which can further be used to prove the vehicle users exact location at specific times (for e.g. when the vehicle shifts gear and vehicle doors are opened/closed, GPS coordinates are generated).

An example demonstration log in the study, pulled from a 2013 Ford F-150, shows GPS coordinates being stored when opening or closing a car door. With this frequency and precision, its easy to retrace exactly where that truck has been.

But it's not just the data inside your infotainment system that's a concern. All of the data discussed abovethe GPS coordinates of every gear change, the location of every ECU bootis not just stored onboard the car itself, but is frequently sent back to an automaker for storage and analysis.

This massive dataset has extremely advantageous, non-invasive uses for a host of businesses, including the automakers and drivers themselves. Telematics can help professional drivers spot and avoid traffic by analyzing previous patterns; urban planners can use similar data to identify roads prone to jams and create more efficient streets; insurance companies can use it to spot fraud or dangerous driving habits; and manufacturers or fleet owners can identify potential malfunctions to repair (if engines report misfires or check engine lights after driving at high altitudes, for example).

All of this is possible thanks to OEMs sharing these troves of telematics data with other companies, which then provide their own unique analyses. One example of a company like this is Otonomowhich, according to internal presentations shown to investors, is partnered with nearly a dozen automakers including Kia, BMW, Ford, Toyota, Stellantis, GM, and even heavy equipment manufacturer Bobcat. Otonomo offers an array of services all underpinned by its large collection of automobile data to a variety of consumers, which include tech behemoths Amazon and Microsoft, smart-city planners such as BeMobile, and parts manufacturers such as Hella and Continental.

Yet, with this billion-dollar business comes massive privacy implications. Even in massive data sets comprised of millions of different peoples' locations, all of whom are theoretically anonymous, identifying any one person out of those millions is a simple job without a strict concern for data privacy. In a 2019 feature story, The New York Times studied the difficulty of anonymizing location data as it relates to phones, and discovered individuals identities with ease in supposedly anonymous data sets containing timestamped locations of cell phones. Connected cars face the same issues that anonymization cell phones suffer from because the underlying premise of location tracking is that it is deeply difficult to anonymize, especially when the device in question travels with a person to their work and home.

How hard could it really be to anonymize this data? Well, a 2013 study published in Nature showed that four spatio-temporal [GPS locations with a timestamp] points are enough to uniquely identify 95 percent of the individuals," even while using a dataset of 1.5 million people. That is, even with millions of generic data points without a name attached to them, having four from a single person is enough to identify one of them. The only way the researchers found to add back any privacy to users that were anonymously tracked was to coarsen both location and timestamp data: making it less accurate by reducing the accuracy of location logging and giving wider time ranges for each timestamp. This, of course, reduces the usefulness of that data.

But companies have very little incentive to reduce the usefulness of location data because often its specificity is what makes it so valuable. McKinsey, a business strategy group, estimates the telematics data market will be worth a staggering $750 billion dollars by the time the decade is out. The best way to get a share of that lucrative market is with accurate data so that advertisers, police states, and corporations can get the most use from it.

Thats not to say some companies dont try to protect consumer privacy; Otonomo specifically employs what it calls data blurring," which ideally hides the privacy of drivers in compliance with European GDPR laws while still offering useful data for its customers. Otonomo acknowledged a request for comment from The Drive regarding how its data blurring works but was unable to provide technical details on what exact steps it takes for anonymity.

But there are no laws in the U.S. requiring that manufacturers anonymize any of the telematics they collect, and some third-party companies sell services explicitly offering to track specific, targeted vehicles. Not only can this be used by less-than-scrupulous buyers, but previous court precedent in the U.S. allows for federal agencies to buy location datasets to sift through personally identifiable data that would otherwise require a warrant.

With this in mind, The Drive reached out to four auto manufacturersFord, Honda, Kia, and BMWthat all offer modern connected-car functionality in many of their models, and whose privacy policies for use of their vehicles leave the possibility of third-party sale of telematics open. I asked, specifically, what their policies were on third-party data sale and sharing and, if they do share telematics with outside companies, how easily consumers can opt out of it at will.

Ford declined to comment. BMW acknowledged the request but did not provide any details on its data practices in time for publication.Honda referred to its privacy policy and owners manual disclosures for information regarding its telematics policies. In the policy, Honda noted that it can collect trip log information, including trip start time and end time, trip start and end location and that this information can be shared with third parties. The document also noted that this data is generated and transmitted automatically regardless of whether drivers use connected technologies such as HondaLink, although, in the past, the company has declined to track unsubscribed cars without a warrant.

Kia had a stronger approach to data protection. In a statement to The Drive, the company stated that Kia America collects geolocation data only on consumer-owned vehicles in the United States that are equipped with connected vehicle technology and have been enrolled by the owner in our Kia Connect service. Furthermore, the automaker noted,[Kia America] does not aggregate vehicle geolocation data, nor do we sell such data to third parties. While affiliated global Kia companies may have a working relationship with Otonomo, [Kia America] does not share vehicle data with that company. The company said that the only time that geolocation data is shared with law enforcement is when presented with a valid court order or warrant, or if an owner consents to share it during an active vehicle-theft investigation.

Separately, a Genesis representative assured us in another story that the biometric data the GV70 can collect for the SUV's fingerprint unlock and startup capabilities stays with the car itself and does not get shared with the company.

With this level of data on hand, few safeguards legislatively in place, and a very scattered set of privacy policies that can vary widely by manufacturer, the potential for a car to betray a persons privacy in a newly fraught legal landscape is clear. For example, there are already states that have not just banned care but also made it legally questionable to travel to another state for it, with Texass anti-abortion and anti-trans-care laws being the most obvious.

The states anti-abortion law weaponizes civil courts against anyone suspected of assisting in abortion (including, for example, driving someone out of state to a clinic where abortions are legal to obtain). Its anti-trans-care laws are somewhat differently formatted, but they allow state Child Protective Services to investigate any parents suspected of confirming their childs gender identity, which includes driving out-of-state to clinics where puberty blockers or trans-specific therapy are offered to minors. Idaho recently attempted to pass a similar bill punishing parents with up to life in prison for traveling out-of-state to get their children trans-related care; the bill died in the state Senate, but lawmakers indicated that they would be willing to pass a more narrowly targeted bill in the future.

With the troves of data offered by patients cars, however, theres a very clear risk, as what was once considered basic medical care becomes criminalized. Even assuming every other step for data privacy is takensuch as not traveling with a cell phone and avoiding digital communication while seeking carehaving a car automatically log that its doors were opened at an out-of-state Planned Parenthood could be enough to potentially be enough to warrant investigation, civil lawsuits, or even criminal proceedings. To make matters worse, data like this is already out there in the open on the public market, specifically targeting people who've been to clinics such as Planned Parenthood. Poland, for example, is strictly anti-abortion and recently created a registry to track every person who becomes pregnant and seeks any care. The location data for every pregnancy clinic a patient has visited would be a valuable addition to those lists.

Even more shockingly, accessing this data does not require a warrant. The techniques discussed above have already been put into practice by U.S. Customs and Border Patrol, which has been deemed exempt from needing a warrant to search digital devices in general at the border. Thanks to a loophole in the Fourth Amendment (the amendment that prohibits unreasonable search and seizures), state police can also download telematics data during routine police stops if they feel the need to, which means that a traffic stop could quickly become an examination of every place a driver has been for weeks.

However, this still relies on direct access to the car in question, which means that for such searches of telematics to be effective, state action would need to be targeted at specific, already-on-the-radar individuals such as activists and doctors (or used against already marginalized groups who are more frequently pulled over). But what if a police agency could just browse through everywhere cars have been, looking for interesting patterns, and tying back specific locations to individuals?

While Kias approach is much more likely to protect drivers privacy, the patchwork manufacturer-driven state of vehicle security means that while a Sorento may be able to glide under the radar, other vehicles may not. The easiest solution to unify the current state of driver privacy would likely come from the top downthat is, closing the Fourth Amendments loophole allowing vehicle telematics to be accessed without a warrant. While there is proposed bipartisan legislation that would do just that and prohibit warrantless vehicle surveillance by U.S. authorities, it hasnt been voted on since its introduction late last year.

In the meantime, I spoke with Mary Stone Ross, the chief privacy officer at the privacy-focused technology firm OSOM and a former employee of the CIA, for thoughts on how consumers could protect themselves. Unfortunately, despite her familiarity with the issue, there wasn't much comfort to be offered.

"I saw how powerful information was from a government perspective [at the CIA], where there actually was quite a bit of oversight and regulation. And then, what these companies had was so much more intrusive and they could do whatever they want," she explained. While she noted that she worked on California's data privacy law, the CCPA, in the pastwhich is currently the strongest privacy law in the nationshe also pointed out that most companies can still do what they want with personal data as long as any use of it has been disclosed in the fine print of a privacy policy.

Even then, it's still better than living elsewhere, as "all of the laws that you've seen passed by [other] states are so much weaker," Ross went on. "And then, there's been really no movement on the federal level... The tech companies are spending so much money, and any sort of privacy regulation they see as an existential threat to their business model, whether it is or isn't."

When I asked if there's anything consumers can do to protect themselves in the absence of strong federal law, she said, "I don't even know what my advice is [to consumers], because even with the rental cars, without safeguards on consumer data at the manufacturer level, its a free-for-all." Yet, in a world where privacy is likely to rapidly go from an afterthought to a central legal battle, her hope is still "that it actually puts pressure on Congress to pass federal privacy laws."

Until legislation is passed, then, consumers should be aware that their car could be an incredible weak point for their personal safety and privacy. If you can, perhaps stick with the ancient beaters, whose most advanced technology is fuel injection.

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Your Car Is Tracking You Just as Much as Your Smartphone Isand Your Data Is at Risk - The Drive

Rock Island man who spent 22 years in solitary confinement convicted of federal gun crime – Quad-City Times

A Rock Island man who spent 22 years in solitary confinement was convicted Thursday of felony gun crimes by a federal jury.

Anthony Gay was found guilty of possession of a firearm and ammunition by a felon following three days of testimony, according to a news release from the U.S. Attorney's Office for the Central District of Illinois.

Sentencing is scheduled for Sept. 16 at the federal courthouse in Peoria. Gay faces up to 10 years in prison, a $250,000 fine and up to three years of supervised release, according to the news release.

Gay was a passenger in a vehicle stopped by Rock Island police officers for a traffic violation on May 31, 2020. Gay fled from the traffic stop but fell as he was being chased by police and was arrested. Officers recovered a loaded handgun that had been reported stolen where Gay fell, according to the U.S. Attorney's Office.

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About two weeks later, Rock Island police were called to a motel where Gay had been renting a room. Prosecutors said motel staff discovered a bag of .45 ammunition while cleaning Gay's room and removing his belongings.

"The government also established that Gay had a number of prior felony convictions, including robbery, aggravated battery and possession of a weapon in prison," according to the U.S. Attorney's Office.

Gay was released from prison in 2018 after serving 24 years in prison, 22 ofwhich were spent in solitary confinement in Illinois.

Gay was sent to prison in 1994 when he was 20 years old for violating probation on a robbery charge. He was driving a car without a license and was on parole for a robbery in which he stole a hat and a $1 bill. His original seven-year prison term was subsequently extended with additional sentences totaling 90 years for assaulting correctional officers, including throwing bodily fluids. A mistake in sentencing led to consecutive sentences for each of those 17 offenses committed between 1998 and 2001.

Gay filed a federal lawsuit against current and former Illinois Department of Corrections officials; Wexford Health Sources, which provides medical and mental health care to IDOC inmates; and several wardens and assistant wardens at specific prisons where Gay was held for psychological damage suffered during solitary confinement and abuse from prison guards.

While serving his original seven-year sentence, Gay alleges in court filings that he began to manifest a mental illness that caused him to act erratically. He was placed in solitary confinement following a fight with another inmate.

During his time in prison, he was diagnosed with borderline personality disorder. He was prescribed psychotropic drugs, but that did not stop him from self-harming, Gay told The (BloomingtonNormal) Pantagraph.

Gay said that rather than being treated for his mental illness, he was continuously punished for his actions by being placed in solitary confinement with little human interaction. He was typically not allowed outside his cell, even for meals, and was only sometimes let out for short periods to exercise, The Pantagraph reported.

Settlement offer reached with Rock Island

Also on Thursday, the city of Rock Island reached a tentative settlement offer with Gay in a lawsuit filed against the city and two Rock Island police officers for alleged misconduct over a May 2020 traffic stop.

According to court filings, Gay on Thursday accepted an "offer of judgment from the city and two officers for $22,500, plus attorneys fees and costs, according to court filings. An offer of judgment, pursuant to Federal Rule of Civil Procedure 68, is used to encourage settlements and protect parties willing to settle early in the litigation process.

Gay's attorney and an attorney for the Rock Island police officers named in the lawsuit did not immediately return messages seeking comment Friday morning.

In his complaint, Gay claims he was in a vehicle with family members stopped at an intersection on May 23, 2020, when they were shot at 13 times. Gay, in his handwritten complaint, said a cousin had been shot and killed earlier that day and two other cousins were injured in the shooting, and that he and three other cousins had left the hospital when the shooting occurred.

Gay said he was ordered at gunpoint by responding Rock Island police officer J.T. Key to put his hands in the air and get on his knees. He claims another officer, Scott Gable, "aggressive cuffed and forced" him to his knees after telling officers he could not kneel. While cuffed, Gay alleges Key "ran up and kneed" him in the face.

He also alleges police illegally searched him, threw his phone and illegally seized $1,500 in cash and a hotel key.

His suit claims Rock Island police violated his Fourth Amendment right, which prohibits unreasonable searches and seizures. Other counts alleged in the complaint include battery, intentional infliction of emotional distress, unlawful detainment, unlawful imprisonment and denial of equal protection.

Rock Island Mayor Mike Thoms, who Gay alleges ignored and failed to report his claims of police misconduct, on Friday said he was unaware of the offer of judgment and could not comment.

Phone messages left with city administration and police officials were not immediately returned early Friday afternoon.

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Rock Island man who spent 22 years in solitary confinement convicted of federal gun crime - Quad-City Times