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Newslinks for 11/30/2004

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Federal Plan to Keep Data on Students Worries Some
Submitted by: Angel Shamaya

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"A proposal by the federal government to create a vast new database of enrollment records on all college and university students is raising concerns that the move will erode the privacy rights of students." ...

"For the first time, however, colleges and universities would have to give the government data on all students individually, whether or not they received financial assistance, with their Social Security numbers." ...

"...there has been pressure to check the school data on students against housing records, driver's licenses and employment records."
 

Justice Department Study Shows 79 Percent of Criminals Obtained Firearms From Illegal Sources
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"Ninety-five percent of US police commanders and sheriffs believe most criminals obtain their firearms from illegal sources, according to a survey released by the National Association of Chiefs of Police. Coincidentally, data released by the US Department of Justice appears to confirm this claim by our nation's police executives. The DOJ study refutes the conventional wisdom that guns used in criminal acts are purchased at retail stores or gun shows."

"About 18 percent of state prisoners and 15 percent of federal prisoners reported that they were armed when they committed the offense for which they were imprisoned, according to the Justice Department's Bureau of Justice Statistics."
 

A Defeat In Illinois for Suits Asking the Gun Industry to Better Screen Customers
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"In this column, I will cautiously praise the Illinois Supreme Court's decisions. However, I will also criticize the court for making a few fundamental mistakes as it struggled to come up with the right outcome in a tough case."

"Interestingly, these decisions flatly contradict the claims of Congressional Republicans that the states cannot be trusted to keep their own tort law in order. They prove quite the opposite: The states are more than capable of policing the bounds of what kind of tort suits they will permit, and disallow." ...

"I am inclined to agree with Judge Garman and the court. The common law of public nuisance is rooted in the Nineteenth Century, not the Twentieth. Handgun activists' attempt to appropriate it, while extraordinarily clever, is also extraordinarily formalistic."

"On one level, it sounds appealing to say that the mass marketing of handguns is 'just like' operating a mill that spews out pollution. But is it really? And doesn't it make a difference that when polluting mills were deemed public nuisances, the EPA did not yet exist?"

"Making this parallel, in short, looks at the law without bothering with its history."

"The Illinois Supreme Court sensibly realizing that dusty public nuisance doctrines are probably ill-suited for dealing with modern problems created by the interaction of capitalism and urban crime."

"However, this should not be the end of the story. Five members of the Illinois Supreme Court went one step further than Garman. Although they were willing to look at the law of public nuisance realistically, they were not willing to ignore the real world around them."
 

Dave Kopel: The Torah and Self-Defense
Submitted by: Newslinks Admin

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NOTE:

You will need Adobe Reader to view this article.

-------
"This article surveys the Torah�s teachings on the right and the duty to defend oneself and others. Part II examines the Book of Genesis, in particular, the 'Jewish natural law' which was given to Noah, and the story of Abraham, the patriarch of the Jewish people. Part III studies Moses and the Exodus of the Hebrew people from Egypt. Part IV looks at Torah laws regarding home defense against burglars, and the duty of bystanders to rescue third parties who are being attacked by a 'pursuer.' The examination of the Torah laws includes analysis of the extensive Jewish scholarly commentary on the Torah. Part V turns to the Sixth Commandment, whose language 'Thou shalt not kill,' has been frequently, but implausibly, misconstrued as a prohibition on self-defense. The article concludes that the Torah clearly creates a right and a duty to defend oneself and others."
 

As Media Focuses on Wisconsin shooting, GOA Asks: �Why not report on the 4,000 self-defense uses of guns that same day?�
Submitted by: Newslinks Admin

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"According to the Clinton Justice Department (in 1997), Americans use guns in self-defense as many as 4,110 times every day. This means that guns are used 50 times more to save life than to illegitimately take life." ...

"But banning the SKS -- the gun used by the murderer in Wisconsin -- is not going to make people safer. ...

�Moreover, if we�re going to ban deadly items, then where are the calls to ban matches and gasoline -- the very items used by Julio Gonzalez in 1990 to set fire to a New York disco club, killing 87 people? ..."

�Or why wasn�t there a drive to ban cars when an elderly gentleman accidentally ran over dozens of people in Santa Monica, California last year, killing eight and wounding 45?"
 

Killing of hunters not surprising (Letter)
Submitted by: David Codrea

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Third letter on the page

"Perhaps now, the surviving members of the hunting party will know how it must feel for the poor animals!"

-------
Submitter's comment: A truly clueless, brain-dead bigot. These people don't think--they emote.

 

Excessive and lethal force? Amnesty International's concerns about deaths and ill-treatment involving police use of tasers
Submitted by: Newslinks Admin

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"Within the last few years, at least nine people in Canada � and over 60 in the US � have died after being shocked with a taser: a hand-held stun gun which fires two barbed darts at a distance, causing instant incapacitation to the target by delivering a 50,000 volt electro-shock. ..." ...

"Agencies deploying tasers claim they reduce injuries and save lives by providing officers with an alternative to using their firearms or batons. However, Amnesty International's research shows that, in both the USA and Canada, tasers are being used in situations where police use of lethal force � or even batons � would never be justified."
 

Stun Gun Concern Grows
Submitted by: Newslinks Admin

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"From Korean Air flight crews to U.S. police and corrections officers to beat cops in Britain, the orders are pouring in for stun guns made by Taser International Inc."

"The Scottsdale company even recently launched a metro Phoenix ad campaign urging private citizens to arm themselves with the weapons, which temporarily paralyze people with a 50,000-volt jolt."

"Yet while Taser's stock has soared with the booming business, concerns are growing about whether the shock-inducing guns are truly as non-lethal as advertised."
 

NY: Ex-Cop Charged in Queens Deli Shooting
Submitted by: Newslinks Admin

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"A former police officer was charged with manslaughter on Monday in the shooting of a deli clerk last month in Queens."

"An indictment accuses John Malik, 60, of recklessly firing a semiautomatic pistol at the victim ..."

"Malik had told investigators that he was reaching for his pager when he accidentally dropped his holstered gun, which he had a license to carry. As he fumbled to catch the weapon, he said, it fired a single bullet into the right side of Manuel Chametla, an 18-year-old Mexican immigrant."

"A grand jury voted to indict the retired detective after hearing from 14 witnesses, including weapons experts who testified about whether a .380 semiautomatic Sig Sauer could have gone off under those circumstances."
 

MO: Former sheriff's candidate arrested again
Submitted by: Newslinks Admin

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"A former candidate for McDonald County sheriff is in jail for the second time since August."

"He is accused of threatening his estranged wife in violation of a court order of protection."

"Chief Deputy Tom West said Randy Hance, 45, of Rocky Comfort, was arrested at 5:30 p.m. Tuesday after Connie Hance called 911 and reported that he was attempting to break into her home."

"West said Hance left the home immediately before deputies arrived, but was stopped a few minutes later about a half-mile from Connie Hance's home and was found to have two loaded firearms in the truck with him."
 

NJ: Judge permits officer to represent himself
Submitted by: Newslinks Admin

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"A police officer accused of aiding in the attempted cover-up of a fatal shooting at the home of former NBA star Jayson Williams can act as his own lawyer, a state judge ruled Monday."

"In granting the request of Bridgewater Officer Eric Allena, Superior Court Judge Roger F. Mahon also said Allena can have a lawyer by his side when he goes to trial, said Assistant Hunterdon County Prosecutor Katharine Errickson."

"Mahon also allowed Allena lawyer Brian J. Neary to withdraw from the case."

"Allena decided last month that he should fire Neary and act as his own attorney because Neary had represented Williams in a 1994 shooting incident."
 

FL: Investigators Complete Puzzle In Double Slaying
Submitted by: Newslinks Admin

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"Polk County investigators say they may have completed the puzzle in a double slaying case."

"Sheriff-elect Grady Judd said detectives believe they know most of the major points of the case of Raymond Gans. Gans was on the road to Hillsborough last Tuesday after killing his wife."

"He then shot himself in the head ..."

"Investigators believe that Gans decided to commit the murder-suicide a few days earlier and are almost sure he stole his father's revolver specifically for the crime."

"Detective Captain Joseph Halman Junior said they also suspect he was enraged by a court order of protection from abuse that Jennifer Gans acquired against her husband."
 

VA: Slain wife had sought more protection
Submitted by: Newslinks Admin

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"Sarah Crawford pleaded with a judge to make her estranged husband stay away from her."

"Before and during their five-year marriage, she said in court records, he pounded on her head with his fists, forced her to have sex with him and threatened to kill her 'on numerous occasions.' "

"Crawford, 33, was granted a temporary protective order Nov. 1, but the judge declined to extend it at a hearing Nov. 16. Six days later, she was found shot to death in a Charlottesville hotel room."
 

WI: Hunter charged in Wisconsin slayings
Submitted by: Newslinks Admin

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"A Laotian immigrant accused of shooting several hunters in Wisconsin was charged with six counts of murder and two counts of attempted murder on Monday, authorities said." ...

"After the shooting, Vang, 36, surrendered peacefully. He is in jail awaiting trial. If convicted, Vang could be imprisoned for life, as Wisconsin does not have the death penalty."

"On Sunday, Vang's lawyers said it was clear Vang fired the fatal shots, but why he fired was still in question."
 

OH: Hunters expected to set record harvest during seven-day hunt
Submitted by: Newslinks Admin

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"Logan County motorists should be extra cautious and be on the lookout for running deer this week as Ohio's most popular hunting season begins today."

"An estimated 400,000 hunters are expected to take to the fields for the statewide deer-gun season. The seven-day deer-gun season is open each day from a half-hour before sunrise to sunset and ends Sunday at sunset."

"With an estimated population of 700,000 white-tailed deer, the Ohio Department of Natural Resources Division of Wildlife anticipates a harvest of 140,000 to 145,000 deer."
 

UK: Labour fails on law and order
Submitted by: Newslinks Admin

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"Shadow Home Secretary David Davis has delivered a devastating indictment of Labour's failure to turn back the tide on crime and drugs abuse in Britain today."

"Addressing MPs in the Commons debate on the last legislative programme to be put before Parliament before an expected general election next spring, he protested: 'This Government has been in power for over seven years. And the Queen's Speech is dominated by Home Affairs. Why? Because Ministers know that the British people are deeply worried about law and order. Ministers have failed on law and order. From border control to gun control, from street crime to drug crime, from violent drunken behaviour to murder, this Government has lost control.' "
 

NC: Time to implement bat control
Submitted by: Newslinks Admin

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"A teenager is charged with murder after an attack with a baseball bat. Police are still trying to figure out what prompted the beating."

"A week ago, Chris Manfredi came over to an apartment complex, got into an argument outside. That's when a teenager came up behind him and hit him with a wooden baseball bat, hitting Manfredi so hard, it broke the bat in two." ...

"Manfredi came to the apartment to confront his estranged wife. Witnesses say a neighbor, 18-year-old Jeremy Moon, got into the fight and threatened Manfredi with a gun-shaped cigarette lighter, then walked back to his apartment and got the bat."
 

MO: Pizza Hut Robbery
Submitted by: Newslinks Admin

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FULL TEXT BELOW:

A local restaurant is the victim of an early morning robbery. The Carthage Pizza Hut on South Garrison was robbed early Sunday morning.
According to police a man approached employees at gun point, as they were leaving the store. He then took off with the Pizza Hut bank bag.
No one was injured during the robbery and no description of the suspect is available.

-------
KABA Note: Pizza Hut has an employee disarmament policy in place.
 

UT: Who's Packing?
Submitted by: Newslinks Admin

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"Without anyone realizing it, guns are brought onto the Utah Valley State College Campus every day. That is because since 1996 a law has been in effect stating that concealed weapons are allowed anywhere in the state of Utah except secure areas such as airports." ...

"Chief Marrot is an advocate of private gun ownership. However, he does not 'see a need to have them on campus.' Marrott cited many examples of guns being misused on campus throughout the years he has been here."

"According to Marrott, UVSC has seen less than its share of a nationwide increase in campus crime over the last four years, but speculates that the increase, however small, is probably due to an increase in students."
 

UK: Gun attack on house in Portadown
Submitted by: Newslinks Admin

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FULL TEXT BELOW:

A group of 13 people were uninjured following a gun attack on a house in Portadown, County Armagh at the weekend.

Several shots were fired at the house in the Garvaghy Road area of Portadown in the early hours of Sunday morning.

It is understood that all 13 were in the living room of the house when the gun attack took place.
Police are not viewing the incident as either sectarian or racist.
 

PA: Carlisle police want more Tasers
Submitted by: Newslinks Admin

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"Despite some negative nationwide publicity about the use of stun guns, Carlisle police hope to equip each patrol officer with a brand-new unit."

"The borough's proposed 2005 budget includes a $21,000 line item for the purchase of 25 hand-held units from Taser International."

" 'We look at it as a risk management tool that reduces the risk of injury and liability,' says Police Chief Steve Margeson."

"He says the eight M26 units the borough now owns are showing signs of wear. They're passed along each day from shift to shift."
 

NH: Gun Rights Hot Topic at Arms Show
Submitted by: MichiganShooter.cOm
Website: http://www.michiganshooter.com

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"To many in the room at the Lebanon Gun Show yesterday, gun control laws are unnecessary and not useful."

" 'It's illegal, anticonstitutional and unconstitutional,' said Ed Reddish, a gun enthusiast from Waterboro, Maine, who was at the show helping his friend, gun dealer Gene Rochette, man a table full of handguns and shotguns."

"Martin Strosser, the vice president of the New Hampshire Firearms Coalition, was equally succinct. 'It's not the gun � it's the person,' he said. 'Almost all of the gun laws in the country are superfluous.' "
 

OH: Goodbye students, hello hunters...
Submitted by: Newslinks Admin

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"Ohio University and nearby student neighborhoods are empty and quiet this week with nearly all of the college students out of town for winter break, but area woodlands and fields and pastures suddenly are seeing a population explosion."

"Yes, folks, it's deer gun season."

"And while business slows down for many local stores and restaurants during OU's six-week break, deer season attracts a new group of customers for businesses throughout the county."
 

Gun owners have many reasons (Letter)
Submitted by: Newslinks Admin

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"The point I want to address is your ridiculous assertion that the Second Amendment is invalid because 'in the days of the Founding Fathers all firearms were single shot and took about a minute to reload for the next shot.' "

"By that logic, the government should be able to censor your column, because the founders didn't have the Internet or large-scale newspaper distribution."

"Should the freedom of religion be restricted for televangelists? Should the right to a fair trial be nullified because of the advent of DNA evidence and videotape?"

"You, ma'am, have no business knowing why Americans own guns. The so-called 'assault weapons' ban failed, and that's after President Bush said that he would sign it if it came across his desk. Why did it fail? Because gun control has been a proven losing way to combat crime. ..."
 

Clips are not Magazines!
Submitted by: Newslinks Admin

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"One of the most misused terms in the firearms culture is 'Clip.' A 'magazine' (shown at right) isn't a 'clip,' and a 'clip' certainly isn't a 'magazine.' "

"It is amusing that writers who consider themselves knowledgeable or authoritative don't know the difference between the two, or are just plain sloppy in their copy. If called on their gaffe, they often fall back on 'Well, everyone knows what was meant,' or a plea to not be so pedantic." ...

"A clip is different from a magazine and the terms are by no means interchangeable. ..."
 

NV: North Las Vegas to Host Gun Surrender Program
Submitted by: Newslinks Admin

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FULL TEXT BELOW:

North Las Vegas police and several businesses are planning a no-questions-asked gun surrender on Saturday.

The program allows people who don't want their guns anymore to turn them in for a gift certificate from Wal-Mart -- that's $100 for rifles, 50 dollars for handguns and $10 for B-B guns.

No one bringing guns in from 10 a.m. to 4 p.m. in the parking lot of the Wal-Mart at Craig Road and Clayton will be identified.

The collected weapons will be destroyed. Police say the idea is to prevent guns from being stolen or lost, and used in a crime.
 

CA: Olympic champ backs area gun club
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"Olympic gold medalist Kim Rhode took her case to the Azusa City Council recently in hopes of convincing them not to shut down her primary training facility."

"Rhode said if the council closes the San Gabriel Valley Gun Club it would be difficult for her to compete in the 2008 Summer Olympics." ...

"In preparation for the 2004 Olympics in Athens, Rhode primarily practiced at a gun club in Santa Clarita for the double trap event for which she won a gold medal. Because of the distance, she says that's not an option for the 2008 Games, where she'll compete in single trap."

"Some homeowners want the Valley Gun Club shut down, saying the sound of gunfire and the possibility of lead pollution from the ammunition are concerns."
 

Liberia: Over 100,000 Liberians Have Turned in Weapons to UN
Submitted by: Newslinks Admin

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"Over 100,000 Liberians have turned in guns, ammunition, rocket propelled grenades and other weapons to the United Nations peacekeeping force in their country, the head of the mission said today."

" 'We're now at 96,333 people disarmed, and we have another six or seven thousand in the pipeline,' Jacques Paul Klein, head of the UN Mission in Liberia (UNMIL), told the UN News Service."

"The Mission has already destroyed more than six million rounds of ammunition - a figure Mr. Klein described as 'incredible by any measure.' "
 

AZ: Taser marketing stun guns to consumers
Submitted by: Newslinks Admin

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"PHOENIX Residents are seeing more signs encouraging them to buy stun guns made by Scottsdale's Taser International Inc."

"The company began marketing a consumer stun gun model this month in the Phoenix area using billboards and newspaper ads."

"It's the first time Taser International has aggressively advertised the consumer model."

"Called the X-26-c, the stun gun is smaller and lighter than the favored police version. The electroshock weapon costs nearly one-thousand-dollars and includes the option of in-home training."

"Some are concerned that Taser use among consumers could do more harm than good."
 

Seegars v Ashcroft: A hearing before the Court of Appeals (Blog)
Submitted by: TriggerFinger
Website: http://www.triggerfinger.org/weblog/index.jsp

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"It is, of course, risky to assume from any judge's background how he will resolve any particular issue. One may assume, however, reasonably safely that Judge Tatel is decidedly more liberal than Judge Sentelle. I am told Judge Williams has a libertarian outlook though I have not studied his opinions. It is also risky to assume how a judge will resolve an issue based upon his statements at oral argument. Many judges play devil's advocate in order to look for weaknesses in their view of the case and to look for supporting arguments of counsel on areas which are troubling to them. That being said, at this point we have only the statements at oral argument and the questions asked to guide us on how the DC Circuit may resolve the issues in Seegars."
 

UK: I've no regrets.. I'd do it all again
Submitted by: John Fansler

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"A teenager who killed the neighbour who raped his mum spoke for the first time from prison last night and said: 'I've no regrets.' "

"But in an emotional phone call to the Sunday Mercury, Marc Bick said that he never meant to kill sex beast Derek Duffet."

" 'That man attacked my mum in our house,' the 17 year-old said. "In some respects, he deserved what he got."

"But I didn't mean to kill him. I was just so angry and upset. I wasn't really thinking straight."

"I don't blame my mum for me being in prison because I love her. I'd do the same again if I had to."
 

UK: Bans don't seem to help
Submitted by: Newslinks Admin

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"A MAN thrown out of a Chinese restaurant for racist abuse returned armed with an air rifle."

"John McGuire, 22, of Paisley, threatened to shoot the terrified staff, who included his mum Mary."

"Yesterday, the High Court in Glasgow heard McGuire had been thrown out of Paisley's Golden City Takeaway for shouting racist abuse at owner Yu Ching Ip in August."

"When he returned, McGuire stood in the doorway and shouted at staff: 'Come out and get me and I'll shoot you.' "

"He later pointed the rifle at police - but gave up when told armed officers were coming."
 

Canada: Motion to cut budget for gun registry defeated
Submitted by: Newslinks Admin

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"An Opposition Conservative motion to cut funding for the controversial federal gun registry was defeated Monday."

"Garry Breitkreuz, Conservative vice-chairman of the all-party Commons justice committee, moved that several million dollars be cut from the $25-million annual operating fund for the troubled registry. However, the motion was defeated by a vote of 7-4 at a regular committee meeting."

"With a minority Liberal government in Ottawa, opposition MPs often outnumber Liberals on many Commons committees."

"However, opinion on the gun registry doesn't always follow party lines."
 

WI: Editorial on the Hayward shootings
Submitted by: Newslinks Admin

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First editorial on the page

"The history of hunting seasons was forever marred by this tremendous tragedy. It conflicts with a season that for many families and friends for whom the season is a wonderful tradition." ...

"We should be careful about deciding a conclusion or conclusions too early that the facts of one week ago cannot support. We should try to see what happened as objectively as the pain of the event will allow. After all, it can be easy to blame guns or gun advocates for these crimes. The presence of guns is for some people enough evidence of what went wrong. But that would be a wrong conclusion."
 

Bytes and Bullets
Submitted by: Bruce W. Krafft
Website: http://home.comcast.net/~bruce.krafft/

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"A while back a federal court declared that the manufacturers of the most popular forms of peer-to-peer file-sharing technology are not liable for copyright infringement committed by people using their technology. Congress immediately sprang into action by taking up legislation to reverse the court's ruling. The goal is to make it clear that p2p manufacturers are indeed liable for copyright violations committed with their products. No doubt many hope this will drive the p2p companies out of business." ...

"But there is a silver lining here, and it has to do with, of all things, a very old technology: guns. For if Congress passes this bill, on what principled basis can it then refuse to hold gun manufacturers responsible for the crimes committed with their technologies?" ...
 

 QUOTES TO REMEMBER
Extremism in the defense of liberty is no vice. Moderation in the pursuit of justice is no virtue. � Senator Barry Goldwater, 1964 (1909-1998)

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