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December 3, 2006


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SONS OF LIBERTY RIDERS E-NEWS

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Contents:

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1. US DOT Statistics
2. The Hidden Danger of Seat Belts
3. Biker fatalities raise concerns
4. Feds Quietly Assign Terror Risk Scores to Millions of Americans
5. These terror busters mix motorcycles and swagger
6. S.C. police working to cut biker fatalities
7. New Rules Make Firms Track E-Mails, IMs
8. Helmet law gets results
9. Vermont judge rejects U.S. Supreme Court search ruling
10. AMA PLEDGES $100,000 TO HELP FUND MOTORCYCLE CRASH STUDY
11. Why we love government
12. Honolulu police officer injured during Bush's visit dies
13. Deja Vu in Florida
14. Bikers Threatened With Hefty Noise Fines in Carefree, Arizona
15. Coon Rapids man kills home invader
16. Oklahoma Police Equip Motorcycles with Cameras
17. Experts Concerned as Ballot Problems Persist
18. PA. - Report gives state a ŒB‚ for highway safety laws
19. From the Lighter Side of the Saddle Bag
20. Show your support for the fight.
http://www.solriders.com/products/

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1. US DOT Statistics
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Check it out at:
http://www-nrd.nhtsa.dot.gov/pdf/nrd-30/NCSA/RNotes/2006/810678.pdf
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2. The Hidden Danger of Seat Belts
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http://www.time.com/time/nation/article/0,8599,1564465,00.html?cnn=yes
The Hidden Danger of Seat Belts

They still decrease our risk of dying, but the statistics are not all black and white. In fact, according to one researcher, seat belts may actually cause people to drive more recklessly

By DAVID BJERKLIE

Posted Thursday, Nov. 30, 2006
If there's one thing we know about our risky world, it's that seat belts save lives, right? And they do, of course. But reality, as usual, is messier and more complicated than that. John Adams, risk expert and emeritus professor of geography at University College London, was an early skeptic of the seat belt safety mantra. Adams first began to look at the numbers more than 25 years ago. What he found was that contrary to conventional wisdom, mandating the use of seat belts in 18 countries resulted in either no change or actually a net increase in road accident deaths.

How can that be? Adams' interpretation of the data rests on the notion of risk compensation, the idea that individuals tend to adjust their behavior in response to what they perceive as changes in the level of risk. Imagine, explains Adams, a driver negotiating a curve in the road. Let's make him a young male. He is going to be influenced by his perceptions of both the risks and rewards of driving a car. The considerations could include getting to work or meeting a friend for dinner on time, impressing a companion with his driving skills, bolstering his image of himself as an accomplished driver. They could also include his concern for his own safety and desire to live to a ripe old age, his feelings of responsibility for a toddler with him in a car seat, the cost of banging up his shiny new car or losing his license. Nor will these possible concerns exist in a vacuum. He will be taking into account the weather and the condition of the road, the amount of traffic and the capabilities of the car he is driving. But crucially, says Adams, this driver will also be adjusting his behavior in response to what he perceives are changes in risks. If he is wearing a seat belt and his car has front and side air bags and anti-skid brakes to boot, he may in turn drive a bit more daringly.

The point, stresses Adams, is that drivers who feel safe may actually increase the risk that they pose to other drivers, bicyclists, pedestrians and their own passengers (while an average of 80% of drivers buckle up, only 68% of their rear-seat passengers do). And risk compensation is hardly confined to the act of driving a car. Think of a trapeze artist, suggests Adams, or a rock climber, motorcyclist or college kid on a hot date. Add some safety equipment to the equation ˜ a net, rope, helmet or a condom respectively ˜ and the person may try maneuvers that he or she would otherwise consider foolish. In the case of seat belts, instead of a simple, straightforward reduction in deaths, the end result is actually a more complicated redistribution of risk and fatalities. For the sake of argument, offers Adams, imagine how it might affect the behavior of drivers if a sharp stake were mounted in the middle of the steering wheel? Or if the bumper were packed with explosives. Perverse, yes, but it certainly provides a vivid example of how a perception of risk could modify behavior.

In everyday life, risk is a moving target, not a set number as statistics might suggest. In addition to external factors, each individual has his or her own internal comfort level with risk-taking. Some are daring while others are cautious by nature. And still others are fatalists who may believe that a higher power devises mortality schedules that fix a predetermined time when our number is up. Consequently, any single measurement assigned to the risk of driving a car is bound to be only the roughest sort of benchmark. Adams cites as an example the statistical fact that a young man is 100 times more likely to be involved in a severe crash than is a middle-aged woman. Similarly, someone driving at 3:00 a.m. Sunday is more than 100 times more likely to die than someone driving at 10:00 a.m. Sunday. Someone with a personality disorder is 10 times more likely to die. And let's say he's also drunk. Tally up all these factors and consider them independently, says Adams, and you could arrive at a statistical prediction that a disturbed, drunken young man driving in the middle of the night is 2.7 million times more likely to be involved in a serious accident than would a sober, middle-aged woman driving to church seven hours later.

The bottom line is that risk doesn't exist in a vacuum and that there are a host of factors that come into play, including the rewards of risk, whether they are financial, physical or emotional. It is this very human context in which risk exists that is key, says Adams, who titled one of his recent blogs: "What kills you matters ˜ not numbers." Our reactions to risk very much depend on the degree to which it is voluntary (scuba diving), unavoidable (public transit) or imposed (air quality), the degree to which we feel we are in control (driving) or at the mercy of others (plane travel), and the degree to which the source of possible danger is benign (doctor's orders), indifferent (nature) or malign (murder and terrorism). We make dozens of risk calculations daily, but you can book odds that most of them are so automatic˜or visceral˜that we barely notice them.
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3. Biker fatalities raise concerns
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http://www.caller.com/ccct/local_news/article/0,1641,CCCT_811_5172594,00.html

Biker fatalities raise concerns

Nueces County ranks 9th in state in 2005

By mary ann cavazos Caller-Times
November 27, 2006

A steady increase in the number of motorcyclist deaths in Nueces County over several years has prompted law enforcement, safety and transportation officials to take an aggressive approach in preventing fatal traffic accidents.

"When we noticed the spike, we knew we had to do everything we could to educate people," said Capt. Robert MacDonald, Corpus Christi police traffic supervisor. Public service announcements, safety presentations at community events and meetings with motorcycle clubs were all part of the effort to reach riders.

Nueces County, which has a population of more than 300,000, was ranked ninth in the state based on the number of motorcyclist deaths in 2005, according to a statistical study by the National Highway Traffic Safety Administration. There were 10 motorcyclist deaths in the county that year.

Bexar County, which includes San Antonio and has a population of about 1.5 million, ranked 10th on the list with nine deaths. Harris County, which includes Houston, had the highest number of motorcyclist deaths in 2005 with 47 in a population of 3.7 million. There were a total of 360 deaths in the state that same year.

Since January, three riders have died in traffic accidents in Corpus Christi, MacDonald said.

In May, two motorcyclists were struck by a Jeep Cherokee after the vehicle crossed a median, sideswiping one rider and colliding with the second. A third man was killed in an August motorcycle accident after he lost control of the bike and struck a center median at a highway overpass.

"It wasn't just the high number of fatalities we were concerned about - it was all the injuries. One group lost five guys over the years and another was crippled," MacDonald said. Road rash, broken bones and loss of limbs are other injuries that riders must face, he said.

Although inexperienced riders cause many deaths, a majority were caused by excessive speed or riders using highways to pull dangerous tricks.

"We have to have a zero-tolerance policy. When we see someone stunt riding or racing we'll stop them, ticket them or arrest them and impound the bike," MacDonald said. "We're doing education and enforcement."

Motorcycle operators must hold a valid motorcycle license, which they receive after passing a written test covering traffic laws pertaining to motorcycles and a road test. The road test may be waived.

Bill Strawn, traffic safety specialist for the Texas Department of Transportation said the increase in fatalities is a statewide trend. "The numbers have gone up every year. We've got to teach people that speed and don't wear helmets that they are not invincible," Strawn said. To help prevent fatal traffic accidents, the Texas Department of Transportation plans to launch the statewide Motorcycle Safety Awareness program by late 2007.

Kevin Pacacha, who has been a motorcycle rider for 27 years, said he makes a point of always wearing a helmet and obeying traffic laws but fears a small number of riders are giving motorcyclists a negative image.

"A lot of kids have easy access to sport bikes and are not educated on how to handle them. Most of them don't wear helmets either," said Pacacha, sales manager at Corpus Christi Harley-Davidson.

Texas law states that to be exempt from wearing a helmet, a rider must be at least 21 years of age and have completed a motorcycle safety course or be covered by a health insurance plan with at least $10,000 in medical benefits for motorcycle-related injuries.

Pacacha said sport bikes often are available at lower costs than larger, more durable bikes, drawing younger riders with less disposable income. During the past year he's seen dozens more people register for the store's three-day long safety classes than last year.

"Sometimes the accidents aren't even the rider's fault. It's other vehicles. People will change lanes without signaling," Pacacha said.

Contact Mary Ann Cavazos at 886-3623 or HYPERLINK mailto:cavazosm@caller.com cavazosm@caller.com

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4. Feds Quietly Assign Terror Risk Scores to Millions of Americans
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http://www.foxnews.com/story/0,2933,233459,00.html

Feds Quietly Assign Terror Risk Scores to Millions of Americans
Friday, December 01, 2006

WASHINGTON ˜ Without their knowledge, millions of Americans and foreigners crossing U.S. borders in the past four years have been assigned scores generated by U.S. government computers rating the risk that the travelers are terrorists or criminals.

The travelers are not allowed to see or directly challenge these risk assessments, which the government intends to keep on file for 40 years.

The government calls the system critical to national security following the Sept. 11, 2001, terrorist attacks. Some privacy advocates call it one of the most intrusive and risky schemes yet mounted in the name of anti-terrorism efforts.

Virtually every person entering and leaving the United States by air, sea or land is scored by the Homeland Security Department's Automated Targeting System, or ATS. The scores are based on ATS' analysis of their travel records and other data, including items such as where they are from, how they paid for tickets, their motor vehicle records, past one-way travel, seating preference and what kind of meal they ordered.

The use of the program on travelers was quietly disclosed earlier this month when the department put a notice detailing ATS in the Federal Register, a fine-print compendium of federal rules. The few civil liberties lawyers who had heard of ATS and even some law enforcement officers said they had thought it was only used to screen cargo.

The Homeland Security Department called the program "one of the most advanced targeting systems in the world" and said the nation's ability to spot criminals and other security threats "would be critically impaired without access to this data."

But to David Sobel, a lawyer at the Electronic Frontier Foundation, a group devoted to civil liberties in cyberspace: "It's probably the most invasive system the government has yet deployed in terms of the number of people affected."

Government officials could not say whether ATS has apprehended any terrorists. Based on all the information available to them, federal agents turn back about 45 foreign criminals a day at U.S. borders, according to Homeland Security's Customs and Border Protection spokesman Bill Anthony. He could not say how many were spotted by ATS.

"Homeland Security ought to focus on the simple things it can do and stop trying to build these overly complex jury-rigged systems," said Barry Steinhardt, an American Civil Liberties Union lawyer, citing problems the agency has had developing a computerized screening system for domestic air travelers.

That data-mining project ˜ now known as Secure Flight ˜ caused a furor two years ago in Congress. Lawmakers barred its implementation until it can pass 10 tests for accuracy and privacy protection.

In comments to the government about ATS, Sobel said, "Some individuals will be denied the right to travel and many the right to travel free of unwarranted interference."

Sobel said in the interview that the government notice also raises the possibility that faulty risk assessments could cost innocent people jobs in shipping or travel, government contracts, licenses or other benefits.

The government notice says some or all of the ATS data about an individual may be shared with state, local and foreign governments for use in hiring decisions and in granting licenses, security clearances, contracts or other benefits. In some cases, the data may be shared with courts, Congress and even private contractors.

"Everybody else can see it, but you can't," Stephen Yale-Loehr, an immigration lawyer who teaches at Cornell Law school, said in an interview.

But Jayson P. Ahern, an assistant commissioner of Customs and Border Protection, said the ATS ratings simply allow agents at the border to pick out people not previously identified by law enforcement as potential terrorists or criminals and send them for additional searches and interviews.

"It does not replace the judgments of officers" in reaching a final decision about a traveler, Ahern said in an interview Thursday.

This targeting system goes beyond traditional watch lists, Ahern said. Border agents compare arrival names with watch lists separately from the ATS analysis.

In a privacy impact assessment posted on its Web site this week, Homeland Security said ATS is aimed at discovering high-risk individuals who "may not have been previously associated with a law enforcement action or otherwise be noted as a person of concern to law enforcement."

Ahern said ATS does this by applying rules derived from the government's knowledge of terrorists and criminals to the passenger's travel records.

Ahern declined to disclose any of the rules, but a Homeland Security document on data-mining gave this innocuous example of a risk assessment rule: "If an individual sponsors more than one fiancee for immigration at the same time, there is likelihood of immigration fraud."

Ahern said ATS was first used to rate the risk posed by travelers in the late 1990s, using personal information about them voluntarily supplied by air and cruise lines.

A post-9/11 law vastly expanded the program, he said. It required airline and cruise companies to begin in 2002 sending the government electronic data in advance on all passengers and crew bound into or out of the country. All these names are put through ATS analysis, Ahern said. In addition, at land border crossings, agents enter license plates and the names of vehicle drivers and passengers, and Amtrak voluntarily supplies passenger data on its trains to and from Canada, he said.

In the Federal Register, the department exempted ATS from many provisions of the Privacy Act designed to protect people from secret, possibly inaccurate government dossiers. As a result, it said travelers cannot learn whether the system has assessed them. Nor can they see the records "for the purpose of contesting the content."

Toby Levin, senior adviser in Homeland Security's Privacy Office, noted that the department pledged to review the exemptions over the next 90 days based on the public comment received. As of Thursday, all 15 public comments received opposed the system outright or criticized its redress procedures.

The Homeland Security privacy impact statement added that "an individual might not be aware of the reason additional scrutiny is taking place, nor should he or she" because that might compromise the ATS' methods.

Nevertheless, Ahern said any traveler who objected to additional searches or interviews could ask to speak to a supervisor to complain. Homeland Security's privacy impact statement said that if asked, border agents would hand complaining passengers a one-page document that describes some, but not all, of the records that agents check and refers complaints to Custom and Border Protection's Customer Satisfaction Unit.

Homeland Security's statement said travelers can use this office to obtain corrections to the underlying data sources that the risk assessment is based on, but not to the risk assessment itself. The risk assessment changes automatically if the source data changes, the statement explained.

"I don't buy that at all," said Jim Malmberg, executive director of American Consumer Credit Education Support Services, a private credit education group. Malmberg said it has been hard for citizens, including members of Congress and even infants, to stop being misidentified as terrorists because their names match those on anti-terrorism watch lists. He noted that while the government plans to keep the risk assessments for 40 years, it doesn't intend to keep all the underlying data they are based on for that long.

Homeland Security, however, is nearing an announcement of a new effort to improve redress programs and the public's awareness of them, according to a department privacy official, who requested anonymity because the formal announcement has not been made.

The department says that 87 million people a year enter the country by air and 309 million enter by land or sea.

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5. These terror busters mix motorcycles and swagger
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http://jewishworldreview.com/1206/terror_busters.php3

These terror busters mix motorcycles and swagger

By Ned Warwick

JERUSALEM ˜ What looms suddenly in your rearview mirror and is past you in a streak on the stone slip of a darkened street is crime-fighting Israeli-style: two men, dressed in black, bent low on a dark motorcycle, the one behind with his automatic rifle angled off his back, the bike darting quick as a bat.

A moment later up ahead, near the Ben Yehuda shopping area in the center of Jerusalem, a man is up against a wall, dressed in clothes that resemble what a Hasidic Jew would wear, but in a faintly raffish way that doesn't quite square with the sober probity of Hasidism. The backseat rider from the motorcycle is frisking him; the driver, still atop his bike, is reaching for the man's identification.

The man is eventually let go but not before he is closely questioned. He has just had his first, and he hopes his last, brush with the motorcycle unit of Yasam, an elite police unit.

In a city that has experienced war, terrorism, and its share of crime, the sight of these fast-moving patrols elicits little reaction. But for newcomers, the first impression is of something straight from a thriller or a gritty science-fiction tale.

Their low-slung KLE 550 motorcycles are powerful and highly maneuverable, the right specs for threading the clogged and narrow streets of this edgy city at high speed.

And speed was of the essence one night in the summer of 2002, when, at the height of the intifada, a Palestinian militant started firing automatic weapons at pedestrians on busy Jaffa Street. A two-man Yasam team, blocks away, heard the gunfire and raced to the scene.

Jumping off their bike, the officers confronted the gunman. Shots were exchanged as pedestrians flattened on the sidewalk; the gunman was killed.

Tzvika Hassia, the superintendent of the Jerusalem Yasam force, said 24 members of his 80-person unit "ride and fight from motorbikes and are meant to answer (to) special criminal or terrorist acts quickly, getting to where cars can't go." Israel is divided into six police districts, and each has a Yasam unit.

To even be considered for the Yasam unit, applicants must have served in one of Israel's military combat units and been highly rated. Given that Israel has had precious few days without conflict, that means nearly all have seen action.

Their dark clothes, their no-nonsense bikes, and a certain common swagger make them stand out in a country where many people wear uniforms and carry guns.

"In my opinion, they are awesome," said Ya'akov Brod, 24, a security guard for the Coffee Bean & Tea Leaf coffeehouse on Jaffa Street near Zion Square. "They are like the best of the best. Although they are police - if you ask me - they are part of the army."

On the narrow, twisting streets of hilly Jerusalem, accidents on the bikes are unavoidable.

"At the speeds we go, there is no way to avoid them," said Alon Weinstein, 31, who joined Yasam 2 ∏ years ago after serving in an army reconnaissance unit.

"You have to like motorcycles. You live your life on them," he said, grinning and cradling his M-16. "But this is the best place to be."

The men on each team rotate as the driver and the firepower on the back. They carry M-16s and 9mm handguns. While the units were created - beginning in Jerusalem - during the 1990s to deal with terrorism and then the intifada and the upsurge in suicide bombers, they are no less busy since the intifada gave out and the suicide attacks became rare, a police spokesman said.

While declining to give statistics, spokesman Micky Rosenfeld said, the units are still stopping militant Palestinians trying to commit terrorist acts. Much of the units' activity on that front takes place without publicity, he said.

In Arab East Jerusalem, feelings toward the Yasam unit are not as warm as those held elsewhere. In fact, none of the shopkeepers interviewed along Salah Eddin Street had a good word for the unit, calling it anti-Arab.

"No one messes with Yasam, especially the ones on the bikes," said Amr Sandouka, 25, who works in the family business selling electronics equipment. "They are rude, violent, and have a license to kill."

"It is shocking to hear those words," Rosenfeld said. "Yasam is the most advanced operational unit in the police that has stopped tens of terrorist attacks and hundreds of criminal acts."

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6. S.C. police working to cut biker fatalities
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http://www.myrtlebeachonline.com/mld/myrtlebeachonline/16111897.htm

S.C. police working to cut biker fatalities

Officers reaching out to motorcyclists in effort to reduce record death toll
By JOHN MONK
jmonk@thestate.com

Faced with a record-breaking number of deaths of S.C. motorcyclists, state police are reaching out to biker groups and dealers to try to slow the carnage.

„We don‚t want to see more of them dying. We‚re already ahead of last year‚s (record-setting) count,‰ said Max Young, highway safety director for the S.C. Department of Public Safety.

Earlier this month, Young attended the first meeting of what police hope will be a task force of law enforcement and motorcycle advocates. They hope to find ways to reduce the body count in the increasingly popular activity of motorcycle riding. A key goal: making sure inexperienced bikers get more training to ride the heavy, complex machines.

As of Monday ˜ with five weeks to go until year‚s end ˜ 102 motorcyclists had died on state roads. Last year‚s record was 94.

The deaths are the flip side to the alpha-male, „Easy Rider‰ image of bikers cruising down highways on sleek choppers.

One major reason for the increase in fatalities in recent years is that there are more bikers on the road. In 2000, the state had 51,436 registered motorcycles; 86 bikers died. In 2005, there were 86,603 motorcycles registered; 94 died. Motorcycles increased 68 percent during that period, while motorcycle deaths increased 9 percent.

„It‚s the age-old story of statistics,‰ Young said. „Yes, if you look at ratios, you can make the case that there‚s been an improvement. But is it fair to say we are safer, even though we are killing more people each year? That‚s not good. We need to strive toward zero.‰

Bikers themselves are mostly to blame for the rise in deaths, 2006 preliminary statistics suggest. In recent months, the S.C. Department of Public Safety has been keeping a running analysis of this year‚s deaths.

The figures show:

 In almost three-fourths of the fatal crashes ˜ 74 of 102 ˜ bikers contributed to their own deaths. Eighteen bikers were driving under the influence. Thirty-one were speeding or going too fast for conditions. Ten ran off the road and hit ditches or trees, killing themselves or, in two cases, a passenger on the motorcycle.

 In four-fifths of the crashes ˜ 81 of the 102 ˜ the motorcyclists weren‚t wearing a helmet. Head injuries are a leading cause of motorcycle deaths, and helmets can save lives in 37 percent of motorcycle fatalities, according to the National Highway Traffic Safety Administration.

 Drivers in other vehicles caused about one in five motorcyclists‚ deaths, or 23 of 102.

A major reason for biker deaths is that many people are buying heavy, expensive motorcycles and riding without much training, police and motorcycle advocates said.

Many new bikers are middle-aged men who buy expensive motorcycles and think riding them is easy, said Mary Eaddy, who represents the S.C. Motorcycle Dealers Association and Harley-Davidson dealerships in Charleston and Myrtle Beach.

They say, I don‚t need to take any training. I know how to drive a car, she said.

Business is booming at S.C. motorcycle dealerships. In recent years, for example, Harley-Davidson dealers have opened large stores in high-visibility locations in or near Columbia, Greenville, Anderson, Spartanburg and Charleston. A top-of-the-line Harley, called the Ultra, weighs 950 pounds and sells for about $21,000.

Tom Zepka, sales manager at Thunder Tower, a Harley dealership on I-20 outside Columbia, said he stresses to prospective customers ˜ even though it might cost him a quick sale ˜ that they need training and experience to ride today‚s motorcycles.

Zepka said he often likens motorcycle riding to a sport. If he finds a potential buyer is a hunter or scuba diver or former football player, he will explain that just as you needed training and a teacher for those sports, you also need it for motorcycle riding.

We‚re all about education, he said of the regular training classes his dealership offers. The finer points include not only teaching people how to ride but where to ride, since some roads are more hazardous than others, he said.

In South Carolina, anyone can buy a motorcycle without knowing how to ride it.

Under S.C. law, it‚s possible to get a 180-day learner‚s motorcycle permit by simply passing a vision and knowledge test. People who get these permits are supposed to learn how to ride a motorcycle, then get a motorcycle license, which requires a skill (riding) test.

Frankie Nelson, secretary of ABATE of South Carolina, a motorcycle rights group, said the courses offered at tech schools are great ways to get initial specialized training.

But, said Nelson and others, there are too few training sessions offered and not enough publicity.

ABATE legislative coordinator Dennis Welborn, who attended the task force meeting, said the group might push the Legislature for more money for qualified instructors and courses.

If the Legislature does appropriate more money for training, the statistics suggest South Carolinians will be the major beneficiaries.

According to the Public Safety Department‚s study of this year‚s deaths, nearly nine out of 10 dead riders, or 90 of 102, were from South Carolina. Five were from North Carolina, and one each, from seven other states.

People pushing for the task force are taking it for granted that, for now, it would be of little use to seek a mandatory helmet law, given the libertarian stance of both the Legislature and Gov. Mark Sanford. Moreover, biker groups have a reputation for mounting fierce lobbying campaigns against any proposed mandatory helmet laws.

South Carolina bikers 21 or older don‚t have to wear a helmet on a motorcycle.

Most dealers push safety training, Eaddy said. It‚s hard enough to get good customers. We don‚t want to see them kill themselves.

Reach Monk at (803) 771-8344.

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7. New Rules Make Firms Track E-Mails, IMs
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http://apnews.myway.com/article/20061201/D8LNRQB80.html

New Rules Make Firms Track E-Mails, IMs

Dec 1, 12:26 AM (ET)

WASHINGTON (AP) - U.S. companies will need to keep track of all the e-mails, instant messages and other electronic documents generated by their employees thanks to new federal rules that go into effect Friday, legal experts say.

The rules, approved by the Supreme Court in April, require companies and other entities involved in federal litigation to produce "electronically stored information" as part of the discovery process, when evidence is shared by both sides before a trial.

The change makes it more important for companies to know what electronic information they have and where. Under the new rules, an information technology employee who routinely copies over a backup computer tape could be committing the equivalent of "virtual shredding," said Alvin F. Lindsay, a partner at Hogan & Hartson LLP and expert on technology and litigation.

James Wright, director of electronic discovery at Halliburton Co. (HAL) (HAL), said that large companies are likely to face higher costs from organizing their data to comply with the rules. In addition to e-mail, companies will need to know about things more difficult to track, like digital photos of work sites on employee cell phones and information on removable memory cards, he said.

Both federal and state courts have increasingly been requiring the production of relevant electronic documents during discovery, but the new rules codify the practice, legal experts said.

The rules also require that lawyers provide information about where their clients' electronic data is stored and how accessible it is much earlier in a lawsuit than was previously the case.

There are hundreds of "e-discovery vendors" and these businesses raked in approximately $1.6 billion in 2006, Wright said. That figure could double in 2007, he added.

Another expense will likely stem from the additional time lawyers will have to spend reviewing electronic documents before turning them over to the other side. While the amount of data will be narrowed by electronic searches, some high-paid lawyers will still have to sift through casual e-mails about subjects like "office birthday parties in the pantry" in order to find information relevant to a particular case.

Martha Dawson, a partner at the Seattle-based law firm of Preston Gates & Ellis LLP who specializes in electronic discovery, said the burden of the new rules won't be that great.

Companies will not have to alter how they retain their electronic documents, she said, but will have to do an "inventory of their IT system" in order to know better where the documents are.

The new rules also provide better guidance on how electronic evidence is to be handled in federal litigation, including guidelines on how companies can seek exemptions from providing data that isn't "reasonably accessible," she said. This could actually reduce the burden of electronic discovery, she said.

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8. Helmet law gets results
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http://www.2theadvocate.com/opinion/4796301.html?showAll=y&c=y

Helmet law gets results

Advocate Opinion page staff
Published: Dec 1, 2006

Among its many curious distinctions, Louisiana is the only state in the nation to have passed a mandatory motorcycle helmet law, repealed the law, and then reinstated it. The state repealed its motorcycle helmet law in 1999 but reinstated it in 2004.

The latest figures on motorcycle deaths in Louisiana seem to support the wisdom of requiring motorcyclists to wear helmets.

Although the number of motorcycle crashes in Louisiana has generally climbed in recent years, the number of fatalities from those accidents has dropped. Between 1999 and 2003, during the absence of a mandatory helmet law, motorcycle fatalities in Louisiana steadily climbed from 42 deaths per year to 83. But in 2004, during which the reinstated helmet law was in effect for less than half of the year, motorcycle fatalities stopped their sharp increase and even dropped a bit, to 80 deaths that year. In 2005, Louisiana‚s motorcycle fatality rate dropped even more, to 74.

Last year, in an anomaly from recent years, there were fewer motorcycle crashes in Louisiana. There were 1,940 crashes in 2005, compared with 1,971 in 2004. The drop could be related to the decreased population in the latter part of the year because of the 2005 hurricanes.

One way to measure progress in motorcycle safety is to consider not only the number of crashes in any given year, but how many of those crashes resulted in motorcycle fatalities. In 2005, there were 38 deaths per 1,000 motorcycle crashes in Louisiana, compared with 41 per 1,000 motorcycle crashes in 2004. It‚s a modest decrease, but notable when compared with the national trend.

Motorcycle fatalities across the United States jumped 13 percent in 2005, but fell by 7.5 percent in Louisiana.

What‚s less encouraging in Louisiana‚s motorcycle accident numbers is the number of motorcycle crashes related to alcohol. The percentage of alcohol-related motorcycle crashes in the state was 32 percent in 2005, compared with 19 percent in 2004, according to the Louisiana Highway Safety Commission.

That suggests that Louisiana‚s next priority for motorcycle safety, after enforcement of the helmet law, should be stopping motorcyclists from getting on the road when they‚ve had too much to drink.

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9. Vermont judge rejects U.S. Supreme Court search ruling
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http://tinyurl.com/q3kmz

Vermont judge rejects U.S. Supreme Court search ruling

July 11, 2006

GUILDHALL, Vt. --A Vermont District Court judge has rejected a recent U.S. Supreme Court ruling on the power of police to search a private home, concluding that the state offers greater protections in such cases.

Judge Robert Bent said that under the state Constitution police must knock and announce themselves before conducting a search, even if they have a warrant, or face the prospect that any evidence they find could be thrown out.

The Supreme Court said June 15 that evidence obtained without first knocking could be used at trial, but Bent said that would not apply in Vermont.

"Evidence obtained in violation of the Vermont Constitution, or as the result of a violation, cannot be admitted at trial as a matter of state law," Bent wrote, citing an earlier state case as precedent. "Introduction of such evidence at trial eviscerates our most sacred rights, impinges on individual privacy, perverts our judicial process, distorts any notion of fairness and encourages official misconduct."

A defense lawyer in the Vermont case said Bent's ruling was an important statement. "Sanity prevails in Vermont," said attorney David Williams.

Bent agreed with the dissenting opinion in the federal case, which said allowing otherwise illegally obtained evidence to be used could lead law enforcement officers to ignore the law.

"The exclusionary remedy should remain in full force and effect," Bent wrote, "at least in our small corner of the nation."

Unless the attorney general's office appeals Bent's ruling to the Vermont Supreme Court, it applies only to the drug case he was hearing and would not be binding on other judges, legal experts said. But other judges are likely to take it into consideration if they have similar issues, said Cheryl Hannah, a Vermont Law School professor.

It was unclear whether the state would appeal to the high court. The prosecutor on the case was on vacation and unavailable for comment.

Williams challenged evidence the Vermont State Police Drug Task Force obtained against Ellen Sheltra last fall during a raid on her Island Pond home. She was charged with marijuana possession.

The officers were gathering in front of the home Oct. 12 when the door suddenly opened, an officer testified. The agents shouted "state police with a search warrant" and stormed inside, Bent wrote in his ruling.

The judge concluded the officer's testimony wasn't credible, noting that the three adults and two children in the house said they did not open the door.

Police seized 88 grams of marijuana and four guns.

Information from: The Burlington Free Press,
http://www.burlingtonfreepress.com

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10. AMA PLEDGES $100,000 TO HELP FUND MOTORCYCLE CRASH STUDY
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A06054
Friday, December 1, 2006
FOR IMMEDIATE RELEASE
Contact: Tom Lindsay
Phone: (614) 856-1900
E-mail: tlindsay@ama-cycle.org

AMA PLEDGES $100,000 TO HELP FUND MOTORCYCLE CRASH STUDY

-- Asks riders, industry to 'Fuel the Fund' --

PICKERINGTON, Ohio -- The American Motorcyclist Association (AMA) has announced that it has committed $100,000 to help fund a comprehensive nationwide study of motorcycle crashes, and encourages individual motorcyclists, organizations, and businesses in the motorcycle industry to contribute to the effort through the AMA's new "Fuel the Fund" campaign.

In 2005, Congress approved federal funding to study the causes of motorcycle crashes, the first such research in the U.S. in more than 25 years. The $2.8 million pledged by the government calls for another $2.8 million in matching funds from the American motorcycling community before the entire federal grant will be released.

The AMA, in addition to spearheading the effort to secure federal funding and committing the first matching funds, has launched "Fuel the Fund," a national campaign allowing individuals and businesses to contribute matching funds necessary to take full advantage of the federal funding.

"After declining for more than a decade, motorcycling fatalities have increased in recent years, prompting much speculation about the reasons why," said Edward Moreland, AMA Vice President for Government Relations. "Last year, Congress agreed that we need answers, not theories."

"Now, we're confident that American motorcyclists, rider groups, motorcycle dealers and industry leaders will come together to raise the matching funds required to get the crash study underway," said Moreland. "This is about saving lives, and we need the help of everyone in the motorcycling community to 'Fuel the Fund.'"

Contributions to "Fuel the Fund" can be made online at www.fuelthefund.com; or by calling Cathy Brown at 800-AMA-JOIN ext. 1224; or by mail addressed to Fuel the Fund, c/o AMA, 13515 Yarmouth Drive, Pickerington, OH 43147.

Legislation authorizing the funding of the crash study specifies that research grants be provided to the Oklahoma Transportation Center, located at Oklahoma State University. The last comprehensive study of motorcycle crashes, commonly called the "Hurt Report" after University of Southern California researcher Dr. Harry Hurt, was published in the 1970s.

The American Motorcyclist Association: rights. riding. racing. Founded in 1924, the AMA is a non-profit organization with more than 280,000 members. The Association's purpose is to pursue, protect and promote the interests of motorcyclists, while serving the needs of its members. The AMA also is the world's largest motorsports-sanctioning body. For more information, visit the AMA website at www.AMADirectlink.com, or call 1-800-AMA-JOIN. For the latest news releases, visit the AMA News Room at http://home.ama-cycle.org/newsroom.

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11. Why we love government
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http://www.washingtontimes.com/commentary/wwilliams.htm

Why we love government
WALTER WILLIAMS
By Walter E. Williams
December 1, 2006

Unlike today's Americans, the Founders of our nation were suspicious, if not contemptuous, of government. Consider just a few of their words.

James Madison suggested that "All men having power ought to be distrusted to a certain degree."

Thomas Paine observed, "We still find the greedy hand of government thrusting itself into every corner and crevice of industry, and grasping at the spoil of the multitude. ... It watches prosperity as its prey and permits none to escape without a tribute."

John Adams reminded, "You have rights antecedent to all earthly governments; rights that cannot be repealed or restrained by human laws; rights derived from the Great Legislator of the Universe."

Thomas Jefferson gave us several warnings that we've ignored: First, "The natural progress of things is for liberty to yield and government to gain ground." Second, "The greatest [calamity] which could befall [us would be] submission to a government of unlimited powers." And third, "Whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force."

In response to what Jefferson called an "elective despotism," he suggested that "The tree of Liberty must be refreshed from time to time with the blood of patriots and tyrants."

With sentiments like these, John Adams, Thomas Jefferson and James Madison became presidents. Could a person with similar sentiments win the presidency today? My guess is no. Today's Americans hold such liberty-oriented values in contempt, and any presidential aspirant holding them would have a zero chance of winning office.

Today's Americans hold a different vision of government. It's one that says Congress has the right to do just about anything upon which it can secure a majority vote. Most of what Congress does fits the description of forcing one American to serve the purposes of another American. That description differs only in degree, but not in kind, from slavery.

At least two-thirds of the federal budget represents programs that force one American to serve the purposes of another. Younger workers are forced to pay for the prescriptions of older Americans; people who are not farmers are forced to serve those who are; nonpoor people are forced to serve poor people; and the general public is forced to serve corporations, college students and other special interests who have the ear of Congress.

The supreme tragedy that will lead to our undoing is that so far as personal economic self-interests are concerned, it is perfectly rational for every American to seek to live at the expense of another American. Why? Not doing so doesn't mean he'll pay lower federal taxes. All it means is there will be more money for somebody else.

In other words, once Congress establishes that one person can live at the expense of another, it pays for everyone to try to do so. You say, "Williams, don't you believe in helping your fellow man?" Yes, I do. I believe that reaching into one's own pockets to help one's fellow man is both laudable and praiseworthy. Reaching into another's pockets to help one's fellow man is despicable and worthy of condemnation.

The bottom line: We love government because it enables us to accomplish things that if done privately would lead to arrest and imprisonment. For example, if I saw a person in need, and I took your money to help him, I would be arrested and convicted of theft. If I get Congress to do the same thing, I am seen as compassionate.

This vision ought to bother the Christians among us, for when God gave Moses the commandment "Thou shalt not steal," I'm sure He didn't mean thou shalt not steal unless you got a majority vote in Congress.

Walter E. Williams a nationally syndicated columnist and an economics professor at George Mason University.

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12. Honolulu police officer injured during Bush's visit dies
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http://www.cnn.com/2006/POLITICS/11/26/death.bush.motorcade.ap/index.html

Honolulu police officer injured during Bush's visit dies
POSTED: 8:59 a.m. EST, November 27, 2006

HONOLULU, Hawaii (AP) -- A motorcycle officer injured last week while escorting President Bush in the islands died Sunday, police said.

Steve Favela, 30, and two other officers crashed their cycles as the presidential motorcade was traveling across Hickam Air Force Base to meet troops for breakfast early Tuesday.

The other officers were treated at The Queen's Medical Center and released. Favela, an eight-year veteran of the Honolulu Police Department and father of four, had suffered internal injuries and had been listed in critical condition at the medical center. (Watch how the community responded with blood donations )

Bush said in a statement that he and the first lady were "deeply saddened" by the death, and sent their condolences.

"Officer Favela risked his life every day to protect the people of his community," Bush said in the statement. "In this time of great sadness, we give thanks for his life of service."

Police Capt. Frank Fujii said police officers across the state would place black bands across their badges in honor of Favela.

"When I received the phone call that Steve had passed away, quite frankly my heart just sank to the guts of my stomach," Fujii said.

Light rain had been falling on the partly cloudy morning, and some roads on the base were slick.

Members of the White House medical team -- including an ambulance -- were cut loose from the motorcade to help. Local ambulance and fire units also responded.

Bush had spent the night on the base on his way back from a trip to Indonesia and Vietnam.

In a separate incident, a fourth solo motorcycle officer crashed and injured his wrist when attempting a U-turn on loose gravel while escorting the president on Monday night. He was also treated and released.

Also during the president's 16-hour stopover, a White House staff member was hospitalized early Tuesday after being mugged by three assailants near Waikiki Beach.

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13. Deja Vu in Florida
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http://www.truthout.org/docs_2006/112706O.shtml

Deja Vu in Florida
The New York Times | Editorial
Sunday 26 November 2006

One of the great hazards of the way electronic voting has been introduced in the United States is that it could end up undermining democracy by producing unreliable election results that cannot be truly audited or corrected. This month, that nightmare became a reality. Voting machines in a Congressional race in Florida - where else? - may have swallowed about 18,000 votes, far more than the nominal winner's razor-thin margin of victory. Because those votes were in the loser's strongest county, if there was a computer glitch it probably changed the outcome of the race.

Vern Buchanan, the Republican candidate in Florida's 13th Congressional District, was certified the winner, with 369 more votes than the Democrat, Christine Jennings. But voting machines in Sarasota County produced about 18,000 "undervotes," ballots on which the voter made other choices, but did not vote in the Congressional race. There have been reports of voters saying that their votes did not register when they chose Ms. Jennings, or that the race did not appear on their machines.

If the machines are to be believed - a big if - an extraordinary 14.9 percent of Sarasota County voters using the machines decided to skip the Congressional race, a highly publicized contest that voters knew could help decide which party controlled the House of Representatives. Among the absentee ballots, which were cast on paper, the undervotes were a more plausible 2.5 percent. The undervote rates in the district's other counties were far less than in Sarasota County.

There is a good chance that if something went wrong it changed the result. Sarasota was Ms. Jennings's strongest county, and The Orlando Sentinel's analysis of the ballots that did not register a choice in the Congressional race found that the votes cast in other races were more Democratic than Republican - and by a margin of more than the 369 votes separating Mr. Buchanan and Ms. Jennings.

The Jennings campaign has filed a lawsuit challenging the results. There are, unfortunately, no voter-verified paper ballots, so all that can be done is to try to figure out what went on inside the "black boxes," as critics call electronic voting machines that do not produce a paper record for each vote.

The campaign wants its experts to review the machines' secret computer source code, the programming that runs the computer inside the machine, to look for problems. Election Systems and Software, the company that made the machines, is not saying whether it will allow this. If it resists, the courts should order the company to hand over the code - a requirement that should, in fact, be routine in all places where electronic voting machines are used.

As Ms. Jennings's suit proceeds, we should learn more about what, if anything, went wrong, and what the options are if any remedies are needed. But one verdict is already in: electronic voting without the full array of protections, including a voter-verified paper trail, is unacceptable.

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14. Bikers Threatened With Hefty Noise Fines in Carefree, Arizona
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http://www.foxnews.com/story/0,2933,232309,00.html

Bikers Threatened With Hefty Noise Fines in Carefree, Arizona; Call Measure 'Discriminatory'

Tuesday, November 28, 2006

PHOENIX ˜ Carefree has posted signs threatening recreational motorcycle riders with $750 fines if their bikes make too much noise.

The signs went up Monday despite neighboring Cave Creek's protests that the signs are discriminatory.

Local bikers oppose the signs and the fines, which previously were only $50. However, motorcycle manufacturers generally applauded Carefree's efforts to get bikers to ride responsibly.

The signs are part of a program Carefree launched to encourage bikers to throttle down as they ride through Carefree on their way to popular biker bars in Cave Creek. Bikers must ride through Carefree to get to Cave Creek.

The program emphasizes education as well as consequences. Carefree also plans to spend $250,000 for increased law enforcement with the Maricopa County Sheriff's Office.

The maximum number of decibels allowed is 80, down 5 decibels from the town's 2002 noise ordinance. Eighty decibels is slightly quieter than a kitchen garbage disposal.

Carefree Councilman Bob Coady estimated that only 10 percent of bikers cause problems, but there are so many bikers coming into Cave Creek on the weekends during the cooler months that the noise is unbearable.

At the Nov. 8 Carefree Town Council meeting, resident Mike Beck said many of his neighbors are so fed up they want to sell their homes, but it is too noisy to even show them.

Rebecca Bortner, spokeswoman for the Harley-Davidson Motor Co. in Milwaukee, said the industry is keeping an eye on Carefree's program, particularly the educational aspects in which the community is reaching out to bikers.

"It's a cool model," Bortner said. "We support the effort and are interested in the resolution."

Jen Dreis, media administrator for the Motorcycle Industry Council, said her national organization is considering giving Carefree a grant to carry out its sound reduction campaign.

Carefree had hoped Cave Creek also would post signs, but Cave Creek Town Manager Usama Abujbarah refused.

Critics have accused Cave Creek of protecting bikers because of the huge amount of revenue they generate for that town.

"That's not it," Abujbarah said. "It's about not discriminating against people."

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15. Coon Rapids man kills home invader
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http://www.startribune.com/467/story/839249.html

Coon Rapids man kills home invader

A 73-year-old Coon Rapids man was at home alone Monday night when he heard the sounds of a break-in on the first floor and minutes later faced an intruder in his second-floor bedroom. Gerald Whaley told police he fired one shot.

Jim Adams, Star Tribune

Last update: November 28, 2006 ˆ 3:21 PM

A 73-year-old Coon Rapids man was at home alone Monday night when he heard the sounds of a break-in on the first floor and minutes later faced an intruder in his second-floor bedroom.

Gerald Whaley told police he fired one shot.

Police today are trying to identify the intruder who died of a single gunshot wound, in what appears to be a case of self-defense.

According to Capt. Robert Aldrich of the Anoka County Sheriff's Department: Whaley told police he heard banging and rattling sounds as someone broke through his garage door and into his house at about 11 p.m. Monday. Whaley said he grabbed the loaded .22-caliber single-shot rifle that he keeps near his bed. When a man carrying a flashlight suddenly came into his room, Whaley fired a single shot.

Then intruder fled and Whaley, who has no telephone, dressed, climbed out a back window and went to a neighbors' house for help.

He was at his neighbor's house, still carrying his rifle, when police arrived. He was able to give a clear explanation of what happened at his house, Aldrich said.

Police found the intruder dead of a single-gunshot wound in his chest. He had fled down the stairs but collapsed in front of a door, Aldrich said. The man appears to be about 20 years old, but was carrying no identification and was not armed.

Whaley told police he thought there was a second intruder, but Aldrich said police aren't sure about that.

Whaley had no police record. Police don't yet know if the intruder has a record. Aldrich said it does not appear police will recommend charges against Whaley. But the final decision will be the Anoka County Attorney's, Aldrich said. "You are in your own house," Aldrich said. "You have a right to defend yourself and protect yourself."

Police and neighbors speculated that the intruder might have targeted the Whaley house because it could have appeared unoccupied.

Whaley has no car and walks to work. The house is usually dark. Some of the windows are covered by paper bags instead of curtains and the back yard is overgrown with trees, neighbors said today.

Ray Hanson, 36, who lives across the street, said he wasn't surprised someone might break in.

Whaley himself is a recluse, Hanson said. ""The gentleman kept to himself," he said. Whaley was married and has four grown children, Hanson said.

Jenni Elmore, who lives nearby, said Whaley walks to and from his job at Cub Foods and seemed like a nice man. "He seemed sweet," she said.

This isn't the first shooting on Bittersweet St. NW. Just over a year ago, a Coon Rapids man was charged with shooting his father-in-law just a block away from the Whaley house. Michael L. Bethke, 50, had argued with William H. Dosh Jr., 70, over the messy kitchen in Dosh's home in the 11800 block of Bittersweet. Bethke shot Dosh and was later charged with intentional second-degree murder.

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16. Oklahoma Police Equip Motorcycles with Cameras
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http://www.officer.com/article/article.jsp?id=33718&siteSection=1

Oklahoma Police Equip Motorcycles with Cameras

Updated: November 27th, 2006 12:13 PM EDT

DIANA BALDWIN
The Oklahoman (Oklahoma City, OK)

EDMOND, Okla.-- "I was trying to get to the orthodontist," a woman quickly told an Edmond motorcycle police officer who stopped her car at 11th Street and Boulevard one recent afternoon.

"I'm really a good person. You can check it out." All of her excuses and pleas for a warning didn't stop her from getting a ticket for driving 19 miles over the 35 mph speed limit.

Her words and actions were clearly available the next day, and will remain available for many years later, thanks to the police department's new digital cameras.

The department's six police motorcycles were equipped with wireless recording systems earlier this month.

Cameras are activated when the officer turns on the emergency lights. Each officer is furnished with a body microphone, about the size of a small cell phone, that fits inside a shirt pocket.

Three antennas were installed on the east side of the police station at 23 E Main where data begins to transfer from the equipment on the motorcycle to a server inside the department once the bike is parked at the station, police officer Acey Hopper said.

"It is user-friendly," Hopper said. "All I have to do is turn my lights on." Officers can call up prior-recorded traffic stops and add information from the ticket to the computer file. DVD recordings of the information can be made from a specific stop, then taken to court to be played for a judge or jury.

The cameras cost the city $5,200 each. The equipment was part of a $183,474 bid to buy the entire digital car video system for the police department. In June, the council accepted the bid which includes 24 in-car systems, the server, wireless access points, backup and archiving station, and training.

Police Chief Bob Ricks said the purchase allows all patrol officers to have a camera system in their patrol vehicles, and one for the department's motorcycles.

The new equipment gives the department a reliable system to gather and store audio and video recordings from the patrol vehicles. The old system used VHS and 8 mm tapes, creating a storage problem because of the large number of tapes, Ricks said.

Work to install the cameras in the cars has started.

Technology advancements are not new to Hopper, who has been a motorcycle officer for seven years and an Edmond police officer for more than 15 years. Bulky, hand-held microphones for the radios have gone to boom mikes attached to officers' helmets. Radar equipment has gone cordless, eliminating wires running along the side of the motorcycles ? and now, cameras with recording and global positioning system (GPS) capabilities.

"I don't know what else they can put up there," Hopper said, pointing to the motorcycle handlebars. "They are running out of room. "If they put a laptop up there, I may go back to a car."

Diana Baldwin: 475-3675

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17. Experts Concerned as Ballot Problems Persist
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http://www.truthout.org/docs_2006/112606G.shtml

Experts Concerned as Ballot Problems Persist
By Ian Urbina and Christopher Drew
The New York Times

Sunday 26 November 2006

After six years of technological research, more than $4 billion spent by Washington on new machinery and a widespread overhaul of the nation's voting system, this month's midterm election revealed that the country is still far from able to ensure that every vote counts.

Tens of thousands of voters, scattered across more than 25 states, encountered serious problems at the polls, including failures in sophisticated new voting machines and confusion over new identification rules, according to interviews with election experts and officials.

In many places, the difficulties led to shortages of substitute paper ballots and long lines that caused many voters to leave without casting ballots. Still, an association of top state election officials concluded that for the most part, voting went as smoothly as expected.

Over the last three weeks, attention has been focused on a few close races affected by voting problems, including those in Florida and Ohio where counting dragged on for days. But because most of this year's races were not close, election experts say voting problems may actually have been wider than initially estimated, with many malfunctions simply overlooked.

That oversight may not be possible in the presidential election of 2008, when turnout will be higher and every vote will matter in what experts say will probably be a close race.

Voting experts say it is impossible to say how many votes were not counted that should have been. But in Florida alone, the discrepancies reported across Sarasota County and three others amount to more than 60,000 votes. In Colorado, as many as 20,000 people gave up trying to vote, election officials say, as new online systems for verifying voter registrations crashed repeatedly. And in Arkansas, election officials tallied votes three times in one county, and each time the number of ballots cast changed by more than 30,000.

"If the success of an election is to be measured according to whether each voter's voice is heard, then we would have to conclude that this past election was not entirely a success," said Doug Chapin, director of Electionline.org, a nonpartisan election group that plans to release a report Wednesday with a state-by-state assessment of voting. "In places where the margin of victory was bigger than the margin of error, we looked away from the problems, but in 2008 we might not have that luxury."

Accusations of missing ballots and vote stuffing were not uncommon with mechanical voting machines. But election experts say that with electronic voting machines, the potential consequences of misdeeds or errors are of a greater magnitude. A single software error can affect thousands of votes, especially with machines that keep no paper record.

There were a few signs of progress this month. Several states that faced computer difficulties in the primaries fixed the kinks by Election Day and were better stocked with backup paper ballots. Fears that more stringent identification laws in Indiana and Arizona would create confusion at the polls did not pan out.

And though recent test runs of new computerized voter registration rolls in Indiana and Missouri revealed large numbers of errors, on Election Day reports of problems with the databases were few and isolated. The National Association of Secretaries of States, which represents top election officials from across the country, has said Nov. 7 was generally "a good day."

But some of the biggest states have not been able to overcome problems with new technology or rules and the lightly trained poll workers who must oversee them. In Ohio, thousands of voters were turned away or forced to file provisional ballots by poll workers puzzled by voter-identification rules. In Pennsylvania, the machines crashed or refused to start, producing many reports of vote-flipping, which means that voters press the button for one candidate but a different candidate's name appears on the screen.

Perhaps most notoriously, officials in Sarasota County say nearly 18,000 votes may never have been recorded by electronic machines in a Congressional race, even though many voters said they tried to vote.

The recent problems will probably help propel legislation that has stalled for months in Congress mandating that electronic voting machines have a paper trail to better enable recounts. Less clear, experts say, is whether anything will be done to address concerns about the lack of technicians to troubleshoot machines, polling places with too few machines and poorly trained workers, and a system run by partisan election officials who may decide conflicts based on politics rather than policy.

"These types of low-tech problems threaten to disenfranchise just as many people, if not more, but they tend to get less attention," said Tova Wang, an elections expert with the Century Foundation, a nonpartisan research group in New York. "We still have a long way to go toward fixing the biggest problems with our election system."

Election workers and experts say the advances in technology have simply overwhelmed many of the people trying to run things on the ground. At a hearing in Denver last week, one focus was on how hard it has become for the poll workers, often retirees getting paid $100 for a 14-hour day, and what it would take to attract younger people who are perhaps more savvy about computers.

"It used to be that you would come in, set up the machines, make a cup of coffee and say hello to your neighbors," said Sigrid Freese, who has worked at Denver polling places for more than 20 years. Now, she said, the job is complicated and stressful, and "I know a lot of people who said, 'Never again.'

" After widespread confusion and controversy caused by the hanging chads of the 2000 presidential election, Congress passed the Help America Vote Act in 2002 to help states phase out old-fashioned lever and punch-card machines and to introduce electronic voting equipment. But with malfunctions reported from a handful of states in the primaries earlier this year, many voting experts and state officials feared that the new technology might have only swapped old problems for newer, more complicated ones.

On Election Day, two voting-rights groups, Common Cause and the Election Protection Coalition, fielded nearly 40,000 telephone calls on two national hot lines from voters' reporting of problems or seeking information, and both groups are due to release their findings within the next two weeks. An initial review of their data, along with interviews with officials and experts, reveals that Florida, Maryland, Ohio and Pennsylvania were among the states with the most calls reporting trouble, including long lines, names missing from voter registration rolls, poll worker confusion and computer failures.

In a few places, the difficulties started as soon as voters walked up to the sign-in tables.

In Ohio, even a congressman, Steve Chabot, a Republican, was turned away from his polling place because the address listed on his driver's license was different than his home address. Mr. Chabot was able to vote only after he returned with a utility bill. The state's top election official had to fax a midday notice to all precincts that such minor discrepancies were acceptable.

In Denver, the culprit was a new electronic poll book, which workers had to consult through laptop computers. The system was supposed to verify each voter's name in less than a minute. But it started slowing at 7 a.m. and eventually had to be turned off and rebooted, after taking up to 20 minutes to find each name.

As a result, voters waited in line for two to three hours. Liz Prescott, a computer industry executive, said she twice tried to vote but was deterred by the lines. "I'm just flabbergasted that this system at all levels failed," Ms. Prescott said.

John Gaydeski, Denver's election director, acknowledged that the system had not been tested properly before the election.

In Arkansas, Florida and Pennsylvania, the questions were about the voting machines themselves. In addition to the Sarasota issue, which may have been caused by a software problem, there were similar problems in the Florida counties of Charlotte, Lee and Sumter. In those counties, said Barbara Burt, vice president and director for election reform at Common Cause, more than 40,000 voters who used touch-screen machines seemed not to have chosen a candidate in the attorney general's race. But since one candidate won by 250,000 votes, the anomaly has been generally overlooked.

On election night in Arkansas, officials discovered that erroneous results had been tallied in Benton County. After retabulating the votes, they announced that the total number of ballots cast had jumped to 79,331 from 47,134, which meant a turnout of more than 100 percent in some precincts. After a third tallying, the total dropped to 48,681.

In Pennsylvania, computer problems forced polling places in Lancaster and Lebanon Counties to stay open late. In Westmoreland County, a programming error in at least 800 machines caused long lines.

Mary Beth Kuznik, a poll worker in that county, said she had to reset every machine after each voter, or more than 500 times, because the machines kept trying to shut down.

Howard Shaub, the elections board chairman in Lancaster County, counseled patience. "We used those old lever machines for 20, 30 years," Mr. Shaub said. "We just have to have better quality control and the new machines will work fine."

But Ms. Kuznik said one man refused to vote on the electronic machines and demanded a provisional ballot. "At least my vote will be on a piece of paper," Ms. Kuznik recalled his saying.

Bob Driehaus contributed reporting from Cincinnati.

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18. PA. - Report gives state a ŒB‚ for highway safety laws
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http://www.thetimes-tribune.com/site/news.cfm?newsid=17524522&BRD=2185&PAG=461&dept_id=416046&rfi=6

Report gives state a ŒB‚ for highway safety laws
STAFF REPORT
11/29/2006

As highway safety laws go, Pennsylvania is a B student, a newly released report card by the Emergency Nurses Association shows.

However, if legislators enact laws ensuring citizens buckle up, protect their heads better and limit the amount of peer pressure in cars operated by young motorists, the state could move to the head of the class.

Pennsylvania scored a seven of 10 on the association‚s inaugural Scorecard on State Highway Laws, and local officials agree that the state is delinquent in the areas identified by the Illinois-based nonprofit group, which is made up of 32,000 emergency room nurses.

The state‚s deficient areas include lack of a primary seat- belt law and a universal motorcycle-helmet law, as well as no passenger limitations on cars driven by teenagers.

„I would support legislation on all three of those things,‰ Scranton Police Capt. Carl Graziano said.

Primary seat-belt laws allow police to pull over drivers simply for not buckling up. In Pennsylvania and other states with secondary enforcement laws, officers may only issue motorists citations for not wearing seat belts when they are first pulled over for another violation.

Capt. Graziano said that while he would like to see a primary seat-belt law enacted, that doesn‚t stop police from running „click it or ticket‰ campaigns, such as those conducted by local police departments across the state last week.

We cited 30 people on Wednesday alone, he said. People act very surprised that they would get a ticket for that. They just don‚t take it seriously.

Capt. Graziano said he agrees with the association that the state‚s highways would also be safer if motorcyclists were required to wear helmets.

Legislators modified the state‚s 35-year-old helmet law three years ago, allowing those drivers 21 and older ˜ or who have taken a riding-safety course ˜ to ride without helmets.

„We‚ve seen some nasty fatal accidents where I‚m sure the helmet would have given them a chance,‰ he said.

Young drivers with little experience on the road and high susceptibility to peer pressure are also hazards, according to the association. Several states have enacted laws limiting the number of passengers allowed in cars driven by junior drivers, but Pennsylvania is not one ˜ and it paid for that on the association‚s score card.

„They‚re teenagers. They act like teenagers,‰ Capt. Graziano said. „You don‚t want any peer pressure to come along with that. You‚ve got a new driver that‚s solely supposed to be focused on the road.‰

Mike Cotter, safety press officer for the state Department of Transportation, noted that on top of being easily distracted and susceptible to peer pressure, young drivers are also more likely to take risks, such as not buckling their seat belts.

While the factors outlined by the association do pose risks to state drivers, Capt. Graziano said that aggressive driving, impaired driving and driver distractions like cell phones are the leading causes of vehicle crashes „without question.‰

Mr. Cotter said that while legislators should be more aggressive about pushing laws relating to helmet use, seat belt use and passenger restrictions, motorists should be less aggressive with their driving to ensure the safety of themselves and others.

„We‚ve seen a lot more aggressive driving in our district and even in work zones ˜ a lack of patience ˜ weaving in and out and tailgating,‰ he said. „What are you going to save ... minutes? But you‚re putting your passengers, the public and yourself in danger.‰

Washington, D.C., and Washington state are the only places to receive 10s on the score card. Arizona, with a score of two, was the lowest-ranked state. Pennsylvania‚s score placed it in the top third of all states.

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19. From the Lighter Side of the Saddle Bag
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Thanks to Hawk for this gem of a contribution!
A ROW violator gets violated!!!
http://www.chumfm.com/MorningShow/bits/march24.swf Turn the sound up.
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20. Show your support for the fight.
http://www.solriders.com/products/


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If you need more info on this or any other subject just go to the Sons of Liberty Riders Info Zone

http://solriders.com/ or http://bikers4row.org

-- Later Hawk

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Success is determined by EFFORT!!

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Anything can be accomplished, if it's planned right and you have the desire and creativity to execute it. Jesse "The Governor" Ventura

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Sons of Liberty Riders http://www.solriders.com/ or http://www.bikers4row.org

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Copyright 2006, Sons of Liberty Riders

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