Showing posts with label foreign. Show all posts
Showing posts with label foreign. Show all posts

Tuesday, September 23, 2014

The U.S. recession that official began in December 2008 will not be resolved until foreign investment capital returns to the United States to buy up key U.S. assets, including banks and brokerage firms, and U.S. infrastructure. U.S. banks and brokerage firms may end up losing as much as $10 trillion in bad assets, once securitized portfolios of home loans, consumer loans, commercial loans, and municipal loans are fully marked up to their diminished market value. Federal budget deficits aimed at bailing out failed banks and other corporations create only debt, not capital, with the result that the U.S. Treasury is forced to sell trillions of dollars of U.S. government backed debt instruments to foreign nations, including China, Japan, and Middle Eastern oil-producing states. The result is the U.S. Sovereignty will be compromised, and globalist will force the United States toward a regional currency and a regional North American set of political institutions, on the way to a one-world currency and a one-world government. The United States is unlikely to emerge from the Economic Panic of 2009 as the same sovereign or independent and self-governing nation that it was as recently as the administrations of President Truman or Eisenhower at the end of and after World Ward 2.

The U.S. recession that official began in December 2008 will not be resolved until foreign investment capital returns to the United States to buy up key U.S. assets, including banks and brokerage firms, and U.S. infrastructure. U.S. banks and brokerage firms may end up losing as much as $10 trillion in bad assets, once securitized portfolios of home loans, consumer loans, commercial loans, and municipal loans are fully marked up to their diminished market value. Federal budget deficits aimed at bailing out failed banks and other corporations create only debt, not capital, with the result that the U.S. Treasury is forced to sell trillions of dollars of U.S. government backed debt instruments to foreign nations, including China, Japan, and Middle Eastern oil-producing states. The result is the U.S. Sovereignty will be compromised, and globalist will force the United States toward a regional currency and a regional North American set of political institutions, on the way to a one-world currency and a one-world government. The United States is unlikely to emerge from the Economic Panic of 2009 as the same sovereign or independent and self-governing nation that it was as recently as the administrations of President Truman or Eisenhower at the end of and after World Ward 2. Information about the Illuminati click here

Thursday, July 10, 2014

The US's National Security Agency (NSA), its wiretapping agency, has been monitoring communications between the US and foreign nationals over the internet for a number of years, under a project called Prism. Some of the biggest internet companies, from Apple to Google to Yahoo, are involved. The US government confirmed the existence of the scheme and its application on Thursday night.

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Which companies are in the scheme?

Microsoft was the first to be included, in September 2007. Yahoo followed in March 2008, Google in January 2009, Facebook in June 2009, Paltalk, a Windows- and mobile-based chat program, in December 2009, YouTube in September 2010, Skype in February 2011 (before its acquisition by Microsoft), AOL in March 2011 and finally Apple in October 2012.
How long has it been going on?
The NSA has allegedly had means of monitoring internet communications as far back as Microsoft's Windows 95, the first version of Windows with built-in internet connectivity, in 1995. This specific project appears to have begun with monitoring in September 2007 of user data going to and from Microsoft.


What data is being monitored?

Potentially, everything. The PowerPoint slide about Prism says it can collect "email, chat (video, voice), videos, photos, stored data, VoIP [internet phone calls], file transfers, video conferencing, notifications of target activity – logins etc, online social networking details" and another category called "special requests".
How much does it cost to monitor so much traffic?
The budget given in the presentation is comparatively tiny – just $20m per year. That has puzzled experts because it's so low.
How effective has it been?
Nobody knows. The US government has said that the monitoring schemes it runs are necessary to defend against terrorist threats. But it hasn't cited any threats that were thwarted – unsurprising, given that the scheme has only just become public.
Isn't it illegal?
The NSA – and so the US government – has been careful to avoid any suggestion that the monitoring is being carried out indiscriminately on US citizens, because that would potentially breach the fourth amendment of the constitution against "unreasonable search".
But people overseas get no such protections. The question then is whether UK and EU governments knew of the scheme and were compliant – and whether they could stop it even if they wanted to.
What about "safe harbour" rules for EU data?
US companies that want to process private data from EU citizens have to promise a "safe harbour" – but crucially the documents do not mention tapping by US law enforcement. And if disputes arise, the rules say: "Claims brought by EU citizens against US organizations will be heard, subject to limited exceptions, in the US." That would probably mean the NSA's licence to spy would trump EU complaints.


How does it work?

The NSA isn't saying. Sources in the data-processing business point to a couple of methods. First, lots of data bound for those companies passes over what are called "content delivery networks" (CDNs), which are in effect the backbone of the internet. Companies such as Cisco provide "routers" which direct that traffic. And those can be tapped directly, explains Paolo Vecchi of Omnis Systems, based in Falmer, near Brighton.
"The Communications Assistance for Law Enforcement Act (Calea) passed in 1994 forces all US manufacturers to produce equipment compliant with that law," says Vecchi. "And guess what: Cisco is one of the companies that developed and maintains that architecture." Cisco's own documents explain its Calea compliance.
Second, it would be possible to tap into the routers at US national boundaries (to capture inbound international traffic) and just search for desired traffic there.
"The Prism budget – $20m – is too small for total surveillance," one data industry source told the Guardian. Twitter, which is not mentioned in the Prism slides, generates 5 terabytes of data per day, and is far smaller than any of the other services except Apple. That would mean skyrocketing costs if all the data were stored. "Topsy, which indexes the whole of Twitter, has burned through about $20m in three years, or about $6m a year," the source pointed out. "With Facebook much bigger than Twitter, and the need to run analysts etc, you probably couldn't do the whole lot on $20m."
Instead, the source suggests, "they might have search interfaces (at an administrator level) into things like Facebook, and then when they find something of interest can request a data dump. These localised data dumps are much smaller."


So the NSA would only need to tap the routers?

Not quite. Much of the traffic going to the target companies would be encrypted, so even when captured it would look like a stream of digital gibberish. Decrypting it would require the "master keys" held by the companies.


Did the companies know?

They say not. Those which have been contacted have all denied knowledge of it: Google, for example, said: "Google does not have a 'back door' for the government to access private user data." An Apple spokesman said: "We have never heard of Prism. We do not provide any government agency with direct access to our servers and any agency requesting customer data must get a court order."
The Washington Post retracted part of its story about Prism in which it said that the companies "knowingly" participated. Instead, it quotes a report which says that "collection managers [could send] content tasking instructions directly to equipment installed at company-controlled locations".
It is ambiguous whether "company" refers to the NSA or the internet companies. But the implication seems to be that the NSA has been running a system that can tap into the internet when it wants.
How could the companies not know if they had provided master decryption keys?
They might be required to provide them under US law, but would not be allowed to disclose the fact. That would give the NSA all it needed to monitor communications.


Is there anything I can do to stop it?

Lots of internet traffic from the west passes through the US because the destination servers are there, or connect there. Encrypting email usingPGP is one possibility, though it is not easy to set up. Systems such asTor, together with a virtual private network (VPN) connection, can cloak your location, though your identity might still be inferred from the sites you connect to.

Tuesday, October 15, 2013

interstate commerce – which clearly facilitates monitoring those movements and which has a minimal practical impact on intrastate sex offenders (who cannot be punished under federal law for failure to register unless and until they travel in interstate commerce) – is „reasonably adapted‟ to the goal of ensuring that sex offenders register and update previous registrations when moving among jurisdictions. Id. at 261 (footnote omitted). Relying on M’Culloch and Justice Scalia‟s concurrence in Raich, the Eighth Circuit observed that [a] narrow discussion which only analyzes § 16913 under the three categories of Lopez casts doubt on the constitutionality of § 16913. . . . However, an analysis of § 16913 under the broad authority granted to Congress through both the commerce clause and the enabling necessary and proper clause reveals the statute is constitutionally authorized. Howell, 552 F.3d at 715, quoted in United States v. Vasquez, 611 F.3d 325, 330 (7th Cir. 2010) (upholding the constitutionality of § 16913). The court in Howell determined that “SORNA was intended to regulate the interstate movement of sex offenders” and that § 16913 was “a reasonable means to track those offenders if they move across state lines.” Id. at 717; see also Vasquez, 611 F.3d at 331; United States v. Ambert, 561 F.3d 1202, 1212 (11th Cir. 2009) (“Section 16913 is reasonably adapted to the attainment of a legitimate end under the commerce clause. The requirement that sex offenders register under § 16913 is necessary to track those offenders who move from jurisdiction to jurisdiction.”). Pendleton cites, and we have found, no court of appeals that supports his argument that § 16913 is unconstitutional. The reasoning in the cases we have discussed above is congruous with our decision in Shenandoah, and we join our
themselves substantially affect interstate commerce.”). In upholding § 16913 under the Commerce Clause and the Necessary and Proper Clause, the Second Circuit noted that (1) “§ 16913 does not exist in a vacuum” but rather complements § 2250; (2) by the time SORNA was enacted, every state had a sex offender registry, so SORNA was not solely focused on creating a registry; and (3) the enforcement provision in § 2250(a) would not affect a sex offender convicted in state court who did not travel between states or countries. Guzman, 591 F.3d at 90-91. “Congress‟s goal was not simply to require sex offenders to register or to penalize the failure to do so,” but instead “to make sure sex offenders could not avoid all registration requirements just by moving to another state.” Id. at 91. The court in Guzman concluded that  [r]equiring sex offenders to update their registrations due to intrastate changes of address or employment status is a perfectly logical way to help ensure that states will more effectively be able to track sex offenders when they do cross state lines. To the extent that § 16913 regulates solely intrastate activity, its means „are reasonably adapted to the attainment of a legitimate end under the commerce power,‟ and therefore proper.  Id. (quoting Raich, 545 U.S. at 37 (Scalia, J., concurring in the judgment)) (further internal quotation marks and citation omitted).   The Fifth Circuit concluded that § 2250 and § 16913 “are clearly complementary: without § 2250, § 16913 lacks federal criminal enforcement, and without § 16913, § 2250 has no substance.” United States v. Whaley, 577 F.3d 254, 259 (5th Cir. 2009). That court also recognized that SORNA was focused “on the problem of sex offenders escaping their registration requirements through interstate travel.” Id. The court in Whaley  conclude[d] that requiring sex offenders to register both before and
prongs. 595 F.3d at 161. When a sex offender travels between states, he or she is a person in interstate commerce who travels via the use of the channels of interstate commerce. See id.  Pendleton claims that Shenandoah does not foreclose his Commerce Clause challenge because in Shenandoah we did not analyze the constitutionality of § 16913 separately from § 2250.  He contends that § 16913 is beyond the bounds of the Commerce Clause because it requires registration from all sex offenders, not just those who travel in interstate commerce. The government argues that § 16913 is a valid exercise of Congress‟s Commerce Clause power through the Necessary and Proper Clause.  Congress has the power “[t]o make all Laws which shall be necessary and proper for carrying into Execution” the powers that it has under, inter alia, the Commerce Clause. U.S. Const. art. I, § 8, cl. 18. Discussing the scope of the Necessary and Proper Clause many years ago, the Supreme Court wrote, “Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional.” M’Culloch v. Maryland, 17 U.S. 316, 421 (1819). Discussing that Clause more recently, the Supreme Court stated that “the relevant inquiry is simply „whether the means chosen are reasonably adapted to the attainment of a legitimate end under the commerce power‟ or under other powers that the Constitution grants Congress the authority to implement.” United States v. Comstock, 130 S. Ct. 1949, 1957 (2010) (quoting Raich, 545 U.S. at 37 (Scalia, J., concurring in the judgment)) (upholding through the Necessary and Proper Clause a “federal civil-commitment statute [that] authorizes the Department of Justice to detain a mentally ill, sexually dangerous federal prisoner beyond the date the prisoner would otherwise be released,” id. at 1954) (further internal quotation marks omitted); see also Raich, 545 U.S. at 35 (Scalia, J., concurring) (“Where necessary to make a regulation of interstate commerce effective, Congress may regulate even those intrastate activities that

An artist's depiction of a solar satellite that could send electric energy by microwaves to a space vessel or planetary surface.
Power transmission via radio waves can be made more directional, allowing longer distance power beaming, with shorter wavelengths of electromagnetic radiation, typically in the microwave range. A rectenna may be used to convert the microwave energy back into electricity. Rectenna conversion efficiencies exceeding 95% have been realized. Power beaming using microwaves has been proposed for the transmission of energy from orbiting solar power satellites to Earth and the beaming of power to spacecraft leaving orbit has been considered.[2][31]

Power beaming by microwaves has the difficulty that for most space applications the required aperture sizes are very large due to diffraction limiting antenna directionality. For example, the 1978 NASA Study of solar power satellites required a 1-km diameter transmitting antenna, and a 10 km diameter receiving rectenna, for a microwave beam at 2.45 GHz.[32] These sizes can be somewhat decreased by using shorter wavelengths, although short wavelengths may have difficulties with atmospheric absorption and beam blockage by rain or water droplets. Because of the "thinned array curse," it is not possible to make a narrower beam by combining the beams of several smaller satellites.

For earthbound applications a large area 10 km diameter receiving array allows large total power levels to be used while operating at the low power density suggested for human electromagnetic exposure safety. A human safe power density of 1 mW/cm2 distributed across a 10 km diameter area corresponds to 750 megawatts total power level. This is the power level found in many modern electric power plants.

Following World War II, which saw the development of high-power microwave emitters known as cavity magnetrons, the idea of using microwaves to transmit power was researched. By 1964, a miniature helicopter propelled by microwave power had been demonstrated.[33]

Japanese researcher Hidetsugu Yagi also investigated wireless energy transmission using a directional array antenna that he designed. In February 1926, Yagi and Uda published their first paper on the tuned high-gain directional array now known as the Yagi antenna. While it did not prove to be particularly useful for power transmission, this beam antenna has been widely adopted throughout the broadcasting and wireless telecommunications industries due to its excellent performance characteristics.[34]

Wireless high power transmission using microwaves is well proven. Experiments in the tens of kilowatts have been performed at Goldstone in California in 1975[35][36][37] and more recently (1997) at Grand Bassin on Reunion Island.[38] These methods achieve distances on the order of a kilometer.

Laser methodEdit
Although recognizing that in Shenandoah we upheld the constitutionality of § 2250 under the Commerce Clause, Pendleton argues that (1) § 16913 is an unconstitutional exercise of Congress‟s Commerce Clause power and (2) because lack of compliance with § 16913 is a necessary element of § 2250, § 2250 is also unconstitutional.  “It has been long established Congress may forbid or punish use of interstate commerce „as an agency to promote immorality, dishonesty or the spread of any evil or harm to the people of other states from the state of origin.‟” United States v. May, 535 F.3d 912, 921 (8th Cir. 2008) (quoting Brooks v. United States, 267 U.S. 432, 436 (1925)), quoted in Shenandoah, 595 F.3d at 161. Furthermore, “„the authority of Congress to keep the channels of interstate commerce free from immoral and injurious uses has been frequently sustained, and is no longer open to question.‟” Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241, 256 (1964) (quoting Caminetti v. United States, 242 U.S. 470, 491 (1917)), quoted in United States v. Lopez, 514 U.S. 549, 558 (1995).     In Lopez, the Supreme Court explained that it had identified three broad categories of activity that Congress may regulate under its commerce power. First, Congress may regulate the use of the channels of interstate commerce. Second, Congress is empowered to regulate and protect the instrumentalities of interstate commerce, or persons or things in interstate commerce, even though the threat may come only from intrastate activities. Finally, Congress‟ commerce authority includes the power to regulate those activities having a substantial relation to interstate commerce, i.e., those activities that substantially affect interstate commerce. 514 U.S. at 558-59 (citations omitted). In Shenandoah, we held that SORNA “derives its authority from each prong of Lopez, and most specifically” the first and
restrictions that are different from state law. For example, California and other states “authorize the use of marijuana for medicinal purposes,” but federal law prohibits that activity. Gonzales v. Raich, 545 U.S. 1, 5, 7-8 (2005). Medicinal marijuana users in California and elsewhere could be using marijuana legally under state law, but still be vulnerable to federal prosecution. Similarly, Pendleton was not required to register under Delaware law, but was still vulnerable to federal prosecution for failing to register. In Shenandoah, moreover, the defendant argued that SORNA did not apply to him because New York and Pennsylvania, the two states in which the government alleged that Shenandoah was required to register, had not yet implemented SORNA. We rejected that argument and concluded that “an independent and federally enforceable duty is placed on sex offenders to register.” Shenandoah, 595 F.3d at 157. Even if New York and Pennsylvania never implemented SORNA, such “failure to implement a federal law . . . [would] not give sex offenders a reason to disregard their federal obligation to update their state registrations.” Id. Instead, “[w]hen a sex offender travels in interstate commerce and disobeys the federal command to keep his or her registration current, as required by SORNA, he or she is subject to prosecution.” Id.; see also United States v. Guzman, 591 F.3d 83, 93 (2d Cir. 2010) (“SORNA creates a federal duty to register with the relevant existing state registries regardless of state implementation of the specific additional requirements of SORNA.”).  Put simply, Pendleton‟s federal duty to register under SORNA was not dependent upon his duty to register under Delaware law. A person of ordinary intelligence would not assume that as long as he or she complied with state law on a particular issue, there would be no risk of running afoul of federal law. We therefore reject Pendleton‟s argument as to fair notice under the Due Process Clause. C. Commerce Clause
each change of . . . residence . . . and inform that jurisdiction of all changes in the information required for that offender in the sex offender registry.” 42 U.S.C. § 16913(c). SORNA‟s three-day time period prescribed the time by which Pendleton was required to register in Delaware, not how long he was required to stay without interruption in Delaware before it became the place where he “habitually live[d].” See Shenandoah, 595 F.3d at 157.  We will affirm the District Court‟s conclusion that sufficient evidence supported the conviction. B. Due Process and Fair Notice There is no dispute that at the time Pendleton was arrested, he was not required to register as a sex offender under Delaware law. SORNA imposes a federal requirement that “[a] sex offender shall register, and keep the registration current, in each jurisdiction where the offender resides,” which in this case was Delaware. 42 U.S.C. § 16913(a) (emphasis added). Pendleton argues that as applied to him, SORNA violates the Due Process Clause because he did not have fair notice that federal law required him to register in Delaware, even though Delaware law did not.   “The Supreme Court has explained that a statute is unconstitutionally vague if it „fails to provide a person of ordinary intelligence fair notice of what is prohibited, or is so standardless that it authorizes or encourages seriously discriminatory enforcement.‟” Interactive Media Entm’t & Gaming Ass’n, Inc. v. Attorney General, 580 F.3d 113, 116 (3d Cir. 2009) (quoting United States v. Williams, 553 U.S. 285, 304 (2008)). Pendleton contends that SORNA fails the “fair notice” element of this test in his case because it “directs an individual to register in the sex offender registry of a jurisdiction which does not require that he register as a sex offender.” (Appellant‟s Br. at 32.)  He argues that a person of ordinary intelligence would not know that federal law required him to do so when Delaware law did not.   Federal law, however, often
Pendleton stated numerous times – including during the time period alleged in the indictment – that he actually lived at the Wilmington Address, not only that it was his mailing address. A rational trier of fact could have concluded from those statements that Pendleton “habitually live[d]” at the Wilmington Address.  Pendleton contends that, given Ms. Bayard‟s testimony that he had never been inside or stayed overnight at the Wilmington Address, the jury could not have found that he habitually lived at the Wilmington Address.  The jury, however, was free to disregard her testimony. Pendleton claimed many times over a number of years and during the period alleged in the indictment – perhaps most notably to the Deputy United States Marshal who arrested him outside that address – that he actually lived at the Wilmington Address. A rational trier of fact could have taken him at his word and found that he habitually lived there at some point from January 28 to March 10, 2008. 3 Pendleton also argues that a sex offender does not reside or habitually live somewhere until he or she has been in that location for three business days, but SORNA does not contain such a limitation. SORNA requires a sex offender to “appear in person” in an applicable jurisdiction, including where he or she resides, “not later than 3 business days after 3In the alternative, Pendleton argues “that the government had not met its burden on the „resides‟ element, because it had not proved that Mr. Pendleton maintained a dwelling place in the State of Delaware.” (Appellant‟s Br. at 2.) But SORNA does not require a sex offender to register where he or she “maintain[s] a dwelling place.”  SORNA, rather, mandates that a sex offender register “in each jurisdiction where the offender resides,” 42 U.S.C. § 16913(a), which is where he has his “home or other place where [he] habitually lives,” 42 U.S.C. § 16911(13).  There was sufficient evidence not only for a rational juror to conclude that Pendleton resided at the Wilmington Address but also that he “habitually live[d]” somewhere in Delaware and he was, therefore, required to register in
United States v. Mercado, 610 F.3d 841, 845 (3d Cir. 2010) (citations omitted).   As relevant to the issues before us on appeal, Pendleton argued to the District Court that the government failed to prove that he resided in any relevant jurisdiction during the period identified in the indictment. The Court noted that at trial the government proceeded on the theory that Pendleton resided in Delaware. The government sought to prove this by showing that he used the Wilmington Address as a “mail drop” and that he repeatedly claimed to reside there. (R. at 29.)  The District Court assumed but did not decide that Pendleton did not habitually live at the Wilmington Address. The Court “consider[ed]” guidelines that the Attorney General issued several months after Pendleton‟s arrest and found that the “guidelines seem to imply that . . . a mail drop or a location that Pendleton identifies as his home address, is one of the places where a sex offender is required to register under SORNA.” (Id. at 35-36.) The Court held that the Wilmington Address was Pendleton‟s “home” under SORNA because he “not only used [that address] as a mail drop, but also listed the address as his legal residence on a number of occasions and for a number of purposes between 2005 and 2008.” (Id. at 36; see also id. at 37 n.3.) Pendleton argues that he resided in a jurisdiction under SORNA only if he “habitually live[d]” there and that the Court violated the Ex Post Facto Clause when it considered the Attorney General‟s guidelines in his case.  Under SORNA, “[t]he term „resides‟ means, with respect to an individual, the location of the individual‟s home or other place where the individual habitually lives.” 42 U.S.C. § 16911(13) (emphasis added). Because Congress used the phrase “or other,” Pendleton contends that “home” is at least partially defined as a place where a sex offender “habitually lives.” He claims that an address that is solely a mail drop cannot be where a person resides because one does not habitually live at a mail drop. It is not necessary for us to reach this issue regarding the interim rule Mark,Rowe,David,Rowe,Nina,Dougherty,Clifford,Dougherty,Anita,Ferguson,Virginia,Ferguson,William,Jones,Frederick,Jones,Charles,Rowe,Jacqueline,Kennedy,Esther,Rowe,Ralph,Rowe,Judy,Garland,Ethel,Kennedy,Robert,John,Kennedy,international,affairs,world,economic,domination,and,control,policy,makers,decisions,for,material,gain,persuasion,of,the,masses,Did,you,know,that,the,NSA,can,track,the,location,of,your,phone,even,when,it,is,turned,off,and,the,batteries,have,been,removed,This,admission,went,largely,unnoticed,in,a,Washington,Post,report,entitled,NSA,growth,fueled,by,need,to,target,terrorists,In,the,article,writer,Dana,Priest,details,how,teams,of,NSA,employees,stationed,around,the,globe,are,dedicated,to,tracking,phones,in,real,time,By,September,2004,a,new,NSA,technique,enabled,the,agency,to,find,cellphones,even,when,they,were,turned,off,JSOC,troops,called,this,The,Find,and,it,gave,them,thousands,of,new,targets,including,members,of,a,burgeoning,al,Qaeda,sponsored,insurgency,in,Iraq,according,to,members,of,the,unit,At,the,same,time,the,NSA,developed,a,new,computer,linkup,called,the,Real,Time,Regional,Gateway,into,which,the,military,and,intelligence,officers,could,feed,every,bit,of,data,or,seized,documents,and,get,back,a,phone,number,or,list,of,potential,targets,It,also,allowed,commanders,to,see,on,a,screen,every,type,of,surveillance,available,in,a,given,territory,The,technique,by,which,the,NSA,can,wiretap,cellphones,even,when,they,are,turned,off,and,powered,down,is,most,likely,being,performed,with,the,complicity,of,telecommunications,companies,who,have,proven,friendly,to,NSA,snooping,Trojan,horse,programs,disguised,behind,routine,system,updates,are,the,likely,method,through,which,the,NSA,gains,direct,access,to,millions,of,Americans,cellphones,and,other,devices,you,may,recall,the,fact,that,Verizon,and,ATT,notably,did,not,sign,the,collective,letter,asking,the,government,to,allow,affected,companies,to,release,information,on,government,requests,for,data,writes,Tim,Cushing,given,this,background,its,not,unimaginable,that,Verizon,and,ATT,would,accommodate,the,NSA,and,FBI,if,it,wished,to,use,their,update,systems,to,push,these,trojans,as,we,have,also,previously,highlighted,terms,of,agreement,for,many,of,the,apps,you,download,to,your,smartphone,now,use,your,microphone,to,listen,to,you,and,your,camera,to,take,pictures,of,you,without,your,knowledge,the,notion,of,the,federal,government,tracking,your,location,via,your,cellphone,is,particularly,prescient,given,yesterdays,report,concerning,the,DHS,funded,mesh,network,system,that,seattle,police,eventually,intend,to,roll,out,across,the,city,but,have,temporarily,been,forced,to,deactivate,due,to,a,privacy,outcry,aruba,networks,company,behind,the,system,of,wifi,hubs,which,can,record,the,last,thousands,locations,of,cellphones,belonging,to,anyone,in,the,coverage,area,bragged,in,their,promotional,material,that,the,grid,could,track,rogue,or,unassociated,devices,In,other,words,even,if,you,do,not,allow,your,phone,to,connect,to,such,wifi,networks,they,can,still,access,your,device,record,its,current,and,historical,location,as,well,as,download,private,information,from,your,apps,and,other,settings,ILLUMINATI,illuminetai,illuminati,a,name,given,by,the,Ante,Nicene,Church,Fathers,to,those,who,submitted,to,Christian,baptism,Greek,phi,omega,tau,os,illumination,They,were,called,Illuminati,,phi,omega,tau,os,of,illuminated,ones,on,the,assumption,that,those,who,were,instructed,for,baptism,in,the,Apostolic,faith,had,received,the,grace,of,illumination,in,an,enlightened,understanding,Clement,of,Alexandria,speaks,thus,of,such,baptismal,light,This,is,the,one,grace,of,illumination,that,our,characters,are,not,the,same,as,before,our,washing.,And,since,knowledge,springs,up,with,illumination,shedding,its,beams,around,the,mind,the,moment,we,hear,we,who,were,untaught,become,disciples,This,work,is,called,illumination,by,which,that,holy,light,of,salvation,is,beheld,that,is,by,which,we,see,God,clearly,,Among,the,societies,subsequently,adoption,the,name,century,and,appearing,in,France,as,the,Guerinets,during,the,period,by,a,secret,society,founded,by,Adam,Weishaupt,professor,of,canon,law,at,Ingolstadt,on,May,the,early,were,the,sixteenth,religion,with,,rationalism,,Frederick,Bronkema,,combating,Alumbrados,the ,Alombrados,a,mystical,existing,in,Spain,or,sect,1,1776,the,aim,fostering,a‚illuminati
offender under § 16913, that he traveled in interstate and foreign commerce after those offenses and during the time period alleged in the indictment, and that he knowingly did not register as a sex offender in Delaware. Rather, he challenges the sufficiency of the evidence that he “reside[d]” in Delaware and was required to register there. He also argues that he did not have fair notice of a requirement to register in Delaware, which failure he claims violates the Due Process Clause, and that § 16913 exceeds Congress‟s power under the Commerce Clause. A. 2 Sufficiency of the Evidence As we noted above, our review of the District Court‟s construction of SORNA and denial of Pendleton‟s Rule 29 motion is plenary. We apply, however, a highly deferential standard of review to the jury‟s verdict.  We must sustain the verdict if there is substantial evidence, viewed in the light most favorable to the government, to uphold the jury‟s decision. We do not weigh evidence or determine the credibility of witnesses in making this determination. In making our review we examine the totality of the evidence, both direct and circumstantial. We must credit all available inferences in favor of the government. United States v. Gambone, 314 F.3d 163, 170 (3d Cir. 2003) (internal quotation marks, punctuation, and citations omitted). We will “sustain the verdict unless it is clear that no rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. . . . [W]e will only find the evidence insufficient when the prosecution‟s failure is clear.” 2Pendleton also contends that Congress exceeded its Commerce Clause power in enacting § 2250, but recognizes that we upheld the constitutionality of § 2250 in Shenandoah. He filed a supplemental brief arguing that SORNA violates the Tenth Amendment, but did not raise that issue in his opening brief and it is, therefore, waived
When Congress enacted SORNA, it was particularly concerned about the transient nature of many sex offenders and did not want to lose track of sex offenders when they moved from state to state. United States v. Howell, 552 F.3d 709, 716-17 (8th Cir. 2009). Recognizing this, the Eighth Circuit “reject[ed] the suggestion that a savvy sex offender can move to a different city and avoid having to update his SORNA registration by sleeping in a different shelter or other location every night.” United States v. Voice, 622 F.3d 870, 875 (8th Cir. 2010). Given Pendleton‟s extensive travel, the government argues that a similar concern regarding transience is present in this case. Under the relevant provision of 42 U.S.C. § 16913(a), “[a] sex offender shall register, and keep the registration current, in each jurisdiction where the offender resides, where the offender is an employee, and where the offender is a student.” A “jurisdiction” is, among other things, “[a] State.” 42 U.S.C. § 16911(10)(A). “The term „resides‟ means, with respect to an individual, the location of the individual‟s home or other place where the individual habitually lives.” 42 U.S.C. § 16911(13). A sex offender must “appear in person” in at least one of the applicable jurisdictions “not later than 3 business days after each change of name, residence, employment, or student status . . . and inform that jurisdiction of all changes in the information required for that offender in the sex offender registry.” 42 U.S.C. § 16913(c).  Pendleton was convicted not under § 16913, which does not have an enforcement provision, but under 18 U.S.C. § 2250(a), which provides that a person commits a crime when he or she “(1) is required to register under the Sex Offender Registration and Notification Act; (2) . . . (B) travels in interstate or foreign commerce . . . ; and (3) knowingly fails to register or update a registration as required by the Sex Offender Registration and Notification Act.” In other words, “[o]nce a person becomes subject to SORNA‟s registration requirements . . . that person can be convicted under § 2250 if he thereafter travels and then fails to register.” Carr v. United States, 130 S. Ct. 2229, 2236 (2010).  Pendleton does not dispute on appeal Mark,Rowe,David,Rowe,Nina,Dougherty,Clifford,Dougherty,Anita,Ferguson,Virginia,Ferguson,William,Jones,Frederick,Jones,Charles,Rowe,Jacqueline,Kennedy,Esther,Rowe,Ralph,Rowe,Judy,Garland,Ethel,Kennedy,Robert,John,Kennedy,international,affairs,world,economic,domination,and,control,policy,makers,decisions,for,material,gain,persuasion,of,the,masses,Did,you,know,that,the,NSA,can,track,the,location,of,your,phone,even,when,it,is,turned,off,and,the,batteries,have,been,removed,This,admission,went,largely,unnoticed,in,a,Washington,Post,report,entitled,NSA,growth,fueled,by,need,to,target,terrorists,In,the,article,writer,Dana,Priest,details,how,teams,of,NSA,employees,stationed,around,the,globe,are,dedicated,to,tracking,phones,in,real,time,By,September,2004,a,new,NSA,technique,enabled,the,agency,to,find,cellphones,even,when,they,were,turned,off,JSOC,troops,called,this,The,Find,and,it,gave,them,thousands,of,new,targets,including,members,of,a,burgeoning,al,Qaeda,sponsored,insurgency,in,Iraq,according,to,members,of,the,unit,At,the,same,time,the,NSA,developed,a,new,computer,linkup,called,the,Real,Time,Regional,Gateway,into,which,the,military,and,intelligence,officers,could,feed,every,bit,of,data,or,seized,documents,and,get,back,a,phone,number,or,list,of,potential,targets,It,also,allowed,commanders,to,see,on,a,screen,every,type,of,surveillance,available,in,a,given,territory,The,technique,by,which,the,NSA,can,wiretap,cellphones,even,when,they,are,turned,off,and,powered,down,is,most,likely,being,performed,with,the,complicity,of,telecommunications,companies,who,have,proven,friendly,to,NSA,snooping,Trojan,horse,programs,disguised,behind,routine,system,updates,are,the,likely,method,through,which,the,NSA,gains,direct,access,to,millions,of,Americans,cellphones,and,other,devices,you,may,recall,the,fact,that,Verizon,and,ATT,notably,did,not,sign,the,collective,letter,asking,the,government,to,allow,affected,companies,to,release,information,on,government,requests,for,data,writes,Tim,Cushing,given,this,background,its,not,unimaginable,that,Verizon,and,ATT,would,accommodate,the,NSA,and,FBI,if,it,wished,to,use,their,update,systems,to,push,these,trojans,as,we,have,also,previously,highlighted,terms,of,agreement,for,many,of,the,apps,you,download,to,your,smartphone,now,use,your,microphone,to,listen,to,you,and,your,camera,to,take,pictures,of,you,without,your,knowledge,the,notion,of,the,federal,government,tracking,your,location,via,your,cellphone,is,particularly,prescient,given,yesterdays,report,concerning,the,DHS,funded,mesh,network,system,that,seattle,police,eventually,intend,to,roll,out,across,the,city,but,have,temporarily,been,forced,to,deactivate,due,to,a,privacy,outcry,aruba,networks,company,behind,the,system,of,wifi,hubs,which,can,record,the,last,thousands,locations,of,cellphones,belonging,to,anyone,in,the,coverage,area,bragged,in,their,promotional,material,that,the,grid,could,track,rogue,or,unassociated,devices,In,other,words,even,if,you,do,not,allow,your,phone,to,connect,to,such,wifi,networks,they,can,still,access,your,device,record,its,current,and,historical,location,as,well,as,download,private,information,from,your,apps,and,other,settings,ILLUMINATI,illuminetai,illuminati,a,name,given,by,the,Ante,Nicene,Church,Fathers,to,those,who,submitted,to,Christian,baptism,Greek,phi,omega,tau,os,illumination,They,were,called,Illuminati,,phi,omega,tau,os,of,illuminated,ones,on,the,assumption,that,those,who,were,instructed,for,baptism,in,the,Apostolic,faith,had,received,the,grace,of,illumination,in,an,enlightened,understanding,Clement,of,Alexandria,speaks,thus,of,such,baptismal,light,This,is,the,one,grace,of,illumination,that,our,characters,are,not,the,same,as,before,our,washing.,And,since,knowledge,springs,up,with,illumination,shedding,its,beams,around,the,mind,the,moment,we,hear,we,who,were,untaught,become,disciples,This,work,is,called,illumination,by,which,that,holy,light,of,salvation,is,beheld,that,is,by,which,we,see,God,clearly,,Among,the,societies,subsequently,adoption,the,name,century,and,appearing,in,France,as,the,Guerinets,during,the,period,by,a,secret,society,founded,by,Adam,Weishaupt,professor,of,canon,law,at,Ingolstadt,on,May,the,early,were,the,sixteenth,religion,with,,rationalism,,Frederick,Bronkema,,combating,Alumbrados,the ,Alombrados,a,mystical,existing,in,Spain,or,sect,1,1776,the,aim,fostering,a‚illuminati
954 JESSICA E. NOTEBAERT [Vol. 103 The primary effect of adding § 2423(c) was to remove one of the greatest barriers to enforcement of § 2423(b)—the requirement that prosecutors prove that mens rea existed prior to travel.30  Under the precursor to § 2423(c)—the pre-2003 version of § 2423(b)31—a prosecutor had to prove that a defendant formed the intent to engage in illicit sexual activity prior to his travel in interstate or foreign commerce.32 The PROTECT Act eliminated this intent requirement.33  The conference report regarding the Act stated, “Current law requires the government to prove that the defendant traveled with the intent to engage in the illegal activity.  Under [§ 2423(c)], the government would only have to prove that the defendant engaged in illicit sexual conduct with a minor while in a foreign country.”34  In other words, a defendant could be prosecuted for traveling to a foreign country and engaging in illicit sex in violation of § 2423(c), even if he had no preconceived intent to do so.35  Thus, the elements that prosecutors now need to prove under § 2423(c) are: (1) that the defendant is either a U.S. citizen or an alien admitted to the United States for permanent residence; (2) that the defendant traveled in foreign commerce; and (3) that while the defendant was in the foreign place, he engaged in illicit sexual conduct with another person.36 30Congress first attempted to eliminate the need for prosecutors to prove the intent element in sex tourism cases in the Sex Tourism Prohibition Improvement Act (STPIA), which was proposed, but not passed, in 2002.  Clark, 435 F.3d. at 1104 (citing H.R. REP. NO. 107-525, at 2–3 (2002)).  The STPIA would have added a statute to the books that criminalized illicit sexual activities while abroad, regardless of whether the defendant had formed the intent to do so prior to traveling overseas.  H.R. REP. NO. 107-525, at 2–3 (2002).  Although the STPIA failed, the PROTECT Act, proposed just a year later, adopted its language nearly verbatim in § 2423(c).  Compare id. at 2–3, with H.R. REP. NO. 108-66, at 5 (2003) (Conf. Rep.). 31PROTECT Act, sec. 105(a), § 2423, 117 Stat. at 653–54 (describing the changes to the existing statute). 3218 U.S.C. § 2423(b) (2000) (amended 2003). 3318 U.S.C. § 2423(c) (2006). 34H.R. REP. NO. 108-66, at 51 (2003) (Conf. Rep.); see also United States v. Martinez, 599 F. Supp. 2d 784, 803 (W.D. Tex. 2009). 35Id. 36See, e.g., Pattern Criminal Jury Instructions of the Seventh Circuit 635 (2012) [hereinafter 7th Cir. PJI]; Pattern Criminal Jury Instructions 11th Cir. § 93.3 (2010) [hereinafter 11th Cir. PJI].  “To ‘travel in foreign commerce’ means that the defendant moved from a place within the United States to a place outside the United States.”  11th Cir. PJI, supra, § 93.3.  “[I]llicit sexual conduct” means: (1) “causing a person under 18 years of age to engage in a sexual act by using force or placing that person in fear that any person will be subjected to death, serious bodily injury, or kidnapping”; (2) “a sexual act with a person under 18 years of age after rendering that person unconscious or administering a drug, intoxicant, or other substance that substantially impairs a person”; (3) “a sexual act with a person who is under 16 years of age and is at least four years younger than the defendant”; or (4) “a commercial sex act with a person Mark,Rowe,David,Rowe,Nina,Dougherty,Clifford,Dougherty,Anita,Ferguson,Virginia,Ferguson,William,Jones,Frederick,Jones,Charles,Rowe,Jacqueline,Kennedy,Esther,Rowe,Ralph,Rowe,Judy,Garland,Ethel,Kennedy,Robert,John,Kennedy,international,affairs,world,economic,domination,and,control,policy,makers,decisions,for,material,gain,persuasion,of,the,masses,Did,you,know,that,the,NSA,can,track,the,location,of,your,phone,even,when,it,is,turned,off,and,the,batteries,have,been,removed,This,admission,went,largely,unnoticed,in,a,Washington,Post,report,entitled,NSA,growth,fueled,by,need,to,target,terrorists,In,the,article,writer,Dana,Priest,details,how,teams,of,NSA,employees,stationed,around,the,globe,are,dedicated,to,tracking,phones,in,real,time,By,September,2004,a,new,NSA,technique,enabled,the,agency,to,find,cellphones,even,when,they,were,turned,off,JSOC,troops,called,this,The,Find,and,it,gave,them,thousands,of,new,targets,including,members,of,a,burgeoning,al,Qaeda,sponsored,insurgency,in,Iraq,according,to,members,of,the,unit,At,the,same,time,the,NSA,developed,a,new,computer,linkup,called,the,Real,Time,Regional,Gateway,into,which,the,military,and,intelligence,officers,could,feed,every,bit,of,data,or,seized,documents,and,get,back,a,phone,number,or,list,of,potential,targets,It,also,allowed,commanders,to,see,on,a,screen,every,type,of,surveillance,available,in,a,given,territory,The,technique,by,which,the,NSA,can,wiretap,cellphones,even,when,they,are,turned,off,and,powered,down,is,most,likely,being,performed,with,the,complicity,of,telecommunications,companies,who,have,proven,friendly,to,NSA,snooping,Trojan,horse,programs,disguised,behind,routine,system,updates,are,the,likely,method,through,which,the,NSA,gains,direct,access,to,millions,of,Americans,cellphones,and,other,devices,you,may,recall,the,fact,that,Verizon,and,ATT,notably,did,not,sign,the,collective,letter,asking,the,government,to,allow,affected,companies,to,release,information,on,government,requests,for,data,writes,Tim,Cushing,given,this,background,its,not,unimaginable,that,Verizon,and,ATT,would,accommodate,the,NSA,and,FBI,if,it,wished,to,use,their,update,systems,to,push,these,trojans,as,we,have,also,previously,highlighted,terms,of,agreement,for,many,of,the,apps,you,download,to,your,smartphone,now,use,your,microphone,to,listen,to,you,and,your,camera,to,take,pictures,of,you,without,your,knowledge,the,notion,of,the,federal,government,tracking,your,location,via,your,cellphone,is,particularly,prescient,given,yesterdays,report,concerning,the,DHS,funded,mesh,network,system,that,seattle,police,eventually,intend,to,roll,out,across,the,city,but,have,temporarily,been,forced,to,deactivate,due,to,a,privacy,outcry,aruba,networks,company,behind,the,system,of,wifi,hubs,which,can,record,the,last,thousands,locations,of,cellphones,belonging,to,anyone,in,the,coverage,area,bragged,in,their,promotional,material,that,the,grid,could,track,rogue,or,unassociated,devices,In,other,words,even,if,you,do,not,allow,your,phone,to,connect,to,such,wifi,networks,they,can,still,access,your,device,record,its,current,and,historical,location,as,well,as,download,private,information,from,your,apps,and,other,settings,ILLUMINATI,illuminetai,illuminati,a,name,given,by,the,Ante,Nicene,Church,Fathers,to,those,who,submitted,to,Christian,baptism,Greek,phi,omega,tau,os,illumination,They,were,called,Illuminati,,phi,omega,tau,os,of,illuminated,ones,on,the,assumption,that,those,who,were,instructed,for,baptism,in,the,Apostolic,faith,had,received,the,grace,of,illumination,in,an,enlightened,understanding,Clement,of,Alexandria,speaks,thus,of,such,baptismal,light,This,is,the,one,grace,of,illumination,that,our,characters,are,not,the,same,as,before,our,washing.,And,since,knowledge,springs,up,with,illumination,shedding,its,beams,around,the,mind,the,moment,we,hear,we,who,were,untaught,become,disciples,This,work,is,called,illumination,by,which,that,holy,light,of,salvation,is,beheld,that,is,by,which,we,see,God,clearly,,Among,the,societies,subsequently,adoption,the,name,century,and,appearing,in,France,as,the,Guerinets,during,the,period,by,a,secret,society,founded,by,Adam,Weishaupt,professor,of,canon,law,at,Ingolstadt,on,May,the,early,were,the,sixteenth,religion,with,,rationalism,,Frederick,Bronkema,,combating,Alumbrados,the ,Alombrados,a,mystical,existing,in,Spain,or,sect,1,1776,the,aim,fostering,a‚illuminati
Address on it. When David asked, Pendleton said that he lived at the Wilmington Address but “had lost his key and was waiting for the other occupant to get home to let him in.” (Id. at 283.) Pendleton also showed David his passport and a membership card for Hostelling International, which had the Wilmington Address on it. Pendleton said he had just come from the library in Wilmington but was staying at a hostel in Philadelphia because he “had business” there. (Id. at 284.) A receipt showed that he paid to stay at the hostel in Philadelphia from March 7 to 11, 2008. The hostel later sent his belongings to the United States Marshal‟s Service, and his name and the Wilmington Address were written on a luggage tag on one of those items.   David arrested Pendleton, read him his rights, and told him that he was charged with a violation of § 2250 for failure to register as a sex offender. Pendleton first denied being a sex offender and then said that he was a sex offender but was not required to register. After he was arrested, the government executed a search warrant on an email account that he used. Emails that he sent and received in late January of 2008, after he was deported from Germany to the United States, show that he researched sex offender registration requirements in Delaware and correctly concluded that at that time he was not required to register under Delaware law.   C. Pendleton’s Travels in Early 2008 Based on his examination of Pendleton‟s emails, travel documents, and other items, David concluded that after Pendleton arrived at JFK on January 21, 2008, he stayed in New York for about five days and then traveled to Philadelphia on or about January 26th. On February 1st, he traveled to Delaware, and left for Washington, D.C. on or about February 4th. According to David‟s testimony and Amtrak tickets in Pendleton‟s name, Pendleton traveled starting on February 9th from Washington, D.C. to Chicago; starting on February 12th from Chicago to Emeryville, California; starting on February 26th from Los Angeles to Chicago; and starting on March 2nd from Chicago to Washington, D.C. On March 7th, he yraveld to Philadelphia Mark,Rowe,David,Rowe,Nina,Dougherty,Clifford,Dougherty,Anita,Ferguson,Virginia,Ferguson,William,Jones,Frederick,Jones,Charles,Rowe,Jacqueline,Kennedy,Esther,Rowe,Ralph,Rowe,Judy,Garland,Ethel,Kennedy,Robert,John,Kennedy,international,affairs,world,economic,domination,and,control,policy,makers,decisions,for,material,gain,persuasion,of,the,masses,Did,you,know,that,the,NSA,can,track,the,location,of,your,phone,even,when,it,is,turned,off,and,the,batteries,have,been,removed,This,admission,went,largely,unnoticed,in,a,Washington,Post,report,entitled,NSA,growth,fueled,by,need,to,target,terrorists,In,the,article,writer,Dana,Priest,details,how,teams,of,NSA,employees,stationed,around,the,globe,are,dedicated,to,tracking,phones,in,real,time,By,September,2004,a,new,NSA,technique,enabled,the,agency,to,find,cellphones,even,when,they,were,turned,off,JSOC,troops,called,this,The,Find,and,it,gave,them,thousands,of,new,targets,including,members,of,a,burgeoning,al,Qaeda,sponsored,insurgency,in,Iraq,according,to,members,of,the,unit,At,the,same,time,the,NSA,developed,a,new,computer,linkup,called,the,Real,Time,Regional,Gateway,into,which,the,military,and,intelligence,officers,could,feed,every,bit,of,data,or,seized,documents,and,get,back,a,phone,number,or,list,of,potential,targets,It,also,allowed,commanders,to,see,on,a,screen,every,type,of,surveillance,available,in,a,given,territory,The,technique,by,which,the,NSA,can,wiretap,cellphones,even,when,they,are,turned,off,and,powered,down,is,most,likely,being,performed,with,the,complicity,of,telecommunications,companies,who,have,proven,friendly,to,NSA,snooping,Trojan,horse,programs,disguised,behind,routine,system,updates,are,the,likely,method,through,which,the,NSA,gains,direct,access,to,millions,of,Americans,cellphones,and,other,devices,you,may,recall,the,fact,that,Verizon,and,ATT,notably,did,not,sign,the,collective,letter,asking,the,government,to,allow,affected,companies,to,release,information,on,government,requests,for,data,writes,Tim,Cushing,given,this,background,its,not,unimaginable,that,Verizon,and,ATT,would,accommodate,the,NSA,and,FBI,if,it,wished,to,use,their,update,systems,to,push,these,trojans,as,we,have,also,previously,highlighted,terms,of,agreement,for,many,of,the,apps,you,download,to,your,smartphone,now,use,your,microphone,to,listen,to,you,and,your,camera,to,take,pictures,of,you,without,your,knowledge,the,notion,of,the,federal,government,tracking,your,location,via,your,cellphone,is,particularly,prescient,given,yesterdays,report,concerning,the,DHS,funded,mesh,network,system,that,seattle,police,eventually,intend,to,roll,out,across,the,city,but,have,temporarily,been,forced,to,deactivate,due,to,a,privacy,outcry,aruba,networks,company,behind,the,system,of,wifi,hubs,which,can,record,the,last,thousands,locations,of,cellphones,belonging,to,anyone,in,the,coverage,area,bragged,in,their,promotional,material,that,the,grid,could,track,rogue,or,unassociated,devices,In,other,words,even,if,you,do,not,allow,your,phone,to,connect,to,such,wifi,networks,they,can,still,access,your,device,record,its,current,and,historical,location,as,well,as,download,private,information,from,your,apps,and,other,settings,ILLUMINATI,illuminetai,illuminati,a,name,given,by,the,Ante,Nicene,Church,Fathers,to,those,who,submitted,to,Christian,baptism,Greek,phi,omega,tau,os,illumination,They,were,called,Illuminati,,phi,omega,tau,os,of,illuminated,ones,on,the,assumption,that,those,who,were,instructed,for,baptism,in,the,Apostolic,faith,had,received,the,grace,of,illumination,in,an,enlightened,understanding,Clement,of,Alexandria,speaks,thus,of,such,baptismal,light,This,is,the,one,grace,of,illumination,that,our,characters,are,not,the,same,as,before,our,washing.,And,since,knowledge,springs,up,with,illumination,shedding,its,beams,around,the,mind,the,moment,we,hear,we,who,were,untaught,become,disciples,This,work,is,called,illumination,by,which,that,holy,light,of,salvation,is,beheld,that,is,by,which,we,see,God,clearly,,Among,the,societies,subsequently,adoption,the,name,century,and,appearing,in,France,as,the,Guerinets,during,the,period,by,a,secret,society,founded,by,Adam,Weishaupt,professor,of,canon,law,at,Ingolstadt,on,May,the,early,were,the,sixteenth,religion,with,,rationalism,,Frederick,Bronkema,,combating,Alumbrados,the ,Alombrados,a,mystical,existing,in,Spain,or,sect,1,1776,the,aim,fostering,a‚illuminati
2013] THE NONCOMMERCIAL PRONG OF 18 U.S.C. § 2423(C) 953 act (as defined in section 1591) with a person under 18 years of age.20 The combination of § 2423(c) and (f)(2) criminalizes, in a nutshell, giving or receiving anything of value in exchange for any sex act with a minor.21  This combination is known as the “commercial prong” of the sex tourism statute.22  The combination of § 2423(c) and (f)(1) criminalizes the sexual abuse of minors.23  This combination is known as the “noncommercial prong” of the sex tourism statute.24 The purpose of 2003’s PROTECT Act was to “give[] law enforcement authorities valuable new tools to deter, detect, investigate, prosecute, and punish crimes against America’s children.”25  In addition to drafting new provisions increasing prosecutors’ ability to track and collect evidence against child pornographers, the PROTECT Act substantially revised 18 U.S.C. § 2423.26  The PROTECT Act replaced the then-current version of § 2423(b) with § 2423(b)–(g).27  The revision left § 2423(b) substantially intact,28 but added § 2423(c) (“Engaging in illicit sexual conduct in foreign places”), § 2423(d) (“Ancillary offenses,” i.e., “arrang[ing], induc[ing], procur[ing], or facilitat[ing] the travel of a person knowing that such a person is traveling in interstate or foreign commerce for the purpose of engaging in illicit sexual conduct”), § 2423(e) (“Attempt and conspiracy”), § 2423(f) (defining “illicit sexual conduct”), and § 2423(g) (providing an affirmative defense to certain charges under this statute).29 20Id. § 2423(f).  Per 18 U.S.C. § 2246(2): [T]he term “sexual act” means—(A) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight; (B) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; (C) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or (D) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. Chapter 109A criminalizes: aggravated sexual abuse (id. § 2241); sexual abuse (id. § 2242); sexual abuse of a minor or ward (id. § 2243); and abusive sexual conduct (id. § 2244). 2118 U.S.C. §§ 1591(e)(3), 2423(c), 2423(f)(2). 22See United States v. Clark, 435 F.3d 1100, 1109–10 (9th Cir. 2006). 2318 U.S.C. §§ 2241–48, 2423(c), 2423(f)(1). 24See Clark, 435 F.3d at 1109–10. 25Presidential Statement on Signing the PROTECT Act of 2003, 39 WEEKLY COMP. PRES. DOC. 504 (Apr. 30, 2003). 26See PROTECT Act, Pub. L. No. 108-21, sec. 105(a), § 2423, 117 Stat. 650, 653–54 (2003) (codified at 18 U.S.C. § 2423 (2006)). 27See id. 28The conspiracy prong of the old version of § 2423(b) was moved to § 2423(e) of the new version.  Compare 18 U.S.C. § 2423(b) (2000), with sec. 105(a), 117 Stat. at 654. 29Sec. 105(a), 117 Stat. at 653 Mark,Rowe,David,Rowe,Nina,Dougherty,Clifford,Dougherty,Anita,Ferguson,Virginia,Ferguson,William,Jones,Frederick,Jones,Charles,Rowe,Jacqueline,Kennedy,Esther,Rowe,Ralph,Rowe,Judy,Garland,Ethel,Kennedy,Robert,John,Kennedy,international,affairs,world,economic,domination,and,control,policy,makers,decisions,for,material,gain,persuasion,of,the,masses,Did,you,know,that,the,NSA,can,track,the,location,of,your,phone,even,when,it,is,turned,off,and,the,batteries,have,been,removed,This,admission,went,largely,unnoticed,in,a,Washington,Post,report,entitled,NSA,growth,fueled,by,need,to,target,terrorists,In,the,article,writer,Dana,Priest,details,how,teams,of,NSA,employees,stationed,around,the,globe,are,dedicated,to,tracking,phones,in,real,time,By,September,2004,a,new,NSA,technique,enabled,the,agency,to,find,cellphones,even,when,they,were,turned,off,JSOC,troops,called,this,The,Find,and,it,gave,them,thousands,of,new,targets,including,members,of,a,burgeoning,al,Qaeda,sponsored,insurgency,in,Iraq,according,to,members,of,the,unit,At,the,same,time,the,NSA,developed,a,new,computer,linkup,called,the,Real,Time,Regional,Gateway,into,which,the,military,and,intelligence,officers,could,feed,every,bit,of,data,or,seized,documents,and,get,back,a,phone,number,or,list,of,potential,targets,It,also,allowed,commanders,to,see,on,a,screen,every,type,of,surveillance,available,in,a,given,territory,The,technique,by,which,the,NSA,can,wiretap,cellphones,even,when,they,are,turned,off,and,powered,down,is,most,likely,being,performed,with,the,complicity,of,telecommunications,companies,who,have,proven,friendly,to,NSA,snooping,Trojan,horse,programs,disguised,behind,routine,system,updates,are,the,likely,method,through,which,the,NSA,gains,direct,access,to,millions,of,Americans,cellphones,and,other,devices,you,may,recall,the,fact,that,Verizon,and,ATT,notably,did,not,sign,the,collective,letter,asking,the,government,to,allow,affected,companies,to,release,information,on,government,requests,for,data,writes,Tim,Cushing,given,this,background,its,not,unimaginable,that,Verizon,and,ATT,would,accommodate,the,NSA,and,FBI,if,it,wished,to,use,their,update,systems,to,push,these,trojans,as,we,have,also,previously,highlighted,terms,of,agreement,for,many,of,the,apps,you,download,to,your,smartphone,now,use,your,microphone,to,listen,to,you,and,your,camera,to,take,pictures,of,you,without,your,knowledge,the,notion,of,the,federal,government,tracking,your,location,via,your,cellphone,is,particularly,prescient,given,yesterdays,report,concerning,the,DHS,funded,mesh,network,system,that,seattle,police,eventually,intend,to,roll,out,across,the,city,but,have,temporarily,been,forced,to,deactivate,due,to,a,privacy,outcry,aruba,networks,company,behind,the,system,of,wifi,hubs,which,can,record,the,last,thousands,locations,of,cellphones,belonging,to,anyone,in,the,coverage,area,bragged,in,their,promotional,material,that,the,grid,could,track,rogue,or,unassociated,devices,In,other,words,even,if,you,do,not,allow,your,phone,to,connect,to,such,wifi,networks,they,can,still,access,your,device,record,its,current,and,historical,location,as,well,as,download,private,information,from,your,apps,and,other,settings,ILLUMINATI,illuminetai,illuminati,a,name,given,by,the,Ante,Nicene,Church,Fathers,to,those,who,submitted,to,Christian,baptism,Greek,phi,omega,tau,os,illumination,They,were,called,Illuminati,,phi,omega,tau,os,of,illuminated,ones,on,the,assumption,that,those,who,were,instructed,for,baptism,in,the,Apostolic,faith,had,received,the,grace,of,illumination,in,an,enlightened,understanding,Clement,of,Alexandria,speaks,thus,of,such,baptismal,light,This,is,the,one,grace,of,illumination,that,our,characters,are,not,the,same,as,before,our,washing.,And,since,knowledge,springs,up,with,illumination,shedding,its,beams,around,the,mind,the,moment,we,hear,we,who,were,untaught,become,disciples,This,work,is,called,illumination,by,which,that,holy,light,of,salvation,is,beheld,that,is,by,which,we,see,God,clearly,,Among,the,societies,subsequently,adoption,the,name,century,and,appearing,in,France,as,the,Guerinets,during,the,period,by,a,secret,society,founded,by,Adam,Weishaupt,professor,of,canon,law,at,Ingolstadt,on,May,the,early,were,the,sixteenth,religion,with,,rationalism,,Frederick,Bronkema,,combating,Alumbrados,the ,Alombrados,a,mystical,existing,in,Spain,or,sect,1,1776,the,aim,fostering,a‚illuminati