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Comment: Re:501c3 disclosure requirements (Score 1) 534

At the federal level there may not be increased disclosure requirements. But at the state level, the type of corporation that can file to become a 501(c)(3), typically has increased transparency requirements. IDK what state you are in, but I have seen investigative journalists in NC get the entire balance sheet for non-profits in that state. Non-profits in NC are required to disclose them. The journalist then wrote about the use of corporate funds for not approved purposes, and members of the board of that non-profit faced criminal charges after the state AG read the article and did their own investigation.

501(c)(3) does not negate FOIA by any rational stretch of the imagination. I take exception to the writer of the article acting like this irrational argument (501(c)(3) information is confidential) might have some credence, it doesn't.

Comment: Re:Corporations are not created under 501(c)(3) (Score 1) 534

I actually looked up the filings for the (which is incredibly simple, perhaps the ACLU can learn to use Google).

NEMLEC is a charity for a couple counties of police forces in MA. They have golf outings and other things, to benefit police officers and their families, activities that are completely innocuous.

I guess what the ACLU got their panties in a bunch about is that the organization also acts as a central point of contact for SWAT training/ purchases in the region.

So... a group of police, are setting their training calendars together so they can have a training session with more people at one time so they can save money on instructor costs. And they are buying stuff in bulk to reduce their costs.


The ACLU needs to do some homework and find a more relevant problem to harp on.

ALSO, NEMLEC had their corporation status involuntarily revoked in 06-18-2012, so the whole 501(c)(3) thing is a moot point. They aren't an entity anymore, they can't claim 501(c)(3) anymore, even though that never mattered in the first place.

Comment: Corporations are not created under 501(c)(3) (Score 3, Informative) 534

None of the people quoted in the article seem to have any idea what they are saying. The most disturbing thing is that the ACLU is whining about this as if this was a legitimate argument. It is not.

Here are a few of the most poignant reasons why this argument fails:

First and foremost 501(c)(3) is an IRS regulation that means a corporation does not have to pay income tax. 501(c)(3) is NOT a method by which a corporation maybe formed.

Second, states not the federal government create the rules for creating a corporation.

Third, there are many different types of corporations, one of those types is a municipal corporation. Just because you have something called a corporation does not mean it is private. Municipal corporations are subject to FOIA

Fourth, corporations can register with the IRS as 501(c)(3) non-profits, but to use it as a tool to hide information would be incredibly stupid because 501(c)(3) status means you must release more information about your internal workings than a normal private corporation would need to disclose.


Either the ACLU is whining because they don't have the sharpest knife in the drawer dealing with these FOIA requests, or this is a calculated move to drum up donations.

Comment: Re: Sounds like he was enjoying himself! (Score 5, Informative) 253

by IP_Troll (#46207647) Attached to: A Corporate War Against a Scientist, and How He Fought Back
Actually, the Bankruptcy Abuse Prevention and Consumer Protection Act, the law which makes federally backed student loans not dischargeable through chapter 13 or 7 bankruptcy, was first conceived in 1997 and muddled around congress until 2004. Then chairman of the Senate Finance Committee, Republican Senator Chuck Grassley of Iowa submitted it in its current form, with strong support from Republican House Majority Leader Tom DeLay from Texas. President George W. Bush signed the bill into law on April 20, 2005.

Comment: Re: Contact the state cable franchise authority (Score 1) 324

Where I live, the cable company has to pull the line to every customer, regardless of burial requirements. Cable companies don't WANT to bury but that is the compromise they made when they got the franchise, making them the only game in town. Put in a complaint with the franchise authority, let them tell you what the facts are.

Comment: Contact the state cable franchise authority (Score 1) 324

Franchises such as cable providers are required to pull lines to all people is a territory. In exchange for being the only cable company, the cable company is typically required to provide services to everyone regardless of the cost. Google to find out the complaint department for your state franchise authority and place a complaint. I did this is the past and was quickly provided with cable access, even though they had to pull additional lines to reach me.

Comment: Re: War between Google and Microsoft getting hotte (Score 1) 178

by michaelnz (#45312469) Attached to: Google Attacks Microsoft Again: Android 4.4 Ships With Quickoffice

You do realise that Google has been using its Motorola patent portfolio to sue the exact same companies that are suing it, right?
http://www.fosspatents.com/2013/08/googles-motorola-files-new-german.html?m=1

Google can't claim to be the good guys here.

Privacy

Bennett Haselton's Response To That "Don't Talk to Cops" Video 871

Posted by samzenpus
from the to-talk-or-not-to-talk dept.
In response to both of my previous articles raising questions about the Fifth Amendment, people sent me a link to a famous video titled "Don't Talk To Cops" delivered by Regents University law professor James Duane. Whether his conclusion is correct or not, I think the argument is flawed in several ways. Please continue reading below to see what I think is wrong with his position.

Comment: This will get the lawyer sanctioned (Score 5, Interesting) 225

by IP_Troll (#44872569) Attached to: Doubleclick Cofounder Responds to Patent Troll by Filing Extortion Lawsuit
"and threatened to file criminal charges — unless they settled the civil case immediately"

Threatening criminal charges to gain the upper hand in a civil case is against the rules of ethics for attorneys. Every state has its own flavor of rules but they are derived from the ABA model rules.

Mr. O'Connor should immediately file a complaint with the (every) state bar in which this attorney is licensed.

Comment: Re:How is that an "upshot"? (Score 2) 167

by IP_Troll (#44706007) Attached to: Uber Tip-Skimming Allegations Could Spark National Class Action
You clearly do not understand how class actions work. 1000 people harmed for $100 is not worth litigating individually. Lump that together into a $100,000 suit and it is worth the time to do it. Plus most class actions are contingency lawyers get like 30%, if the plaintiffs lose they don't have to pay the attorneys.

toss some scraps $70 is better than $0.

Comment: Re:We need more unions / workers rights (Score 2) 167

by IP_Troll (#44705917) Attached to: Uber Tip-Skimming Allegations Could Spark National Class Action
I don't see how forcing the taxi drivers to pay union dues will increase their paychecks.

Contract worker versus employee has nothing to do with the workers, it has to do with the company trying to avoid employment taxes. If you are a contract worker, the employer does not have to pay employment tax on you, and the employer cannot set your hours worked in a day.

If you are a contract employee and your employer tries to control your hours, quietly make a phone call to the state/ federal tax authorities.

OH but if they find out they will fire me. Then you have a whistle blower suit against the company.

Comment: Re:They aren't drowning in plastic (Score 3, Interesting) 427

by IP_Troll (#44634673) Attached to: US States Banned From Exporting Trash To China Are Drowning In Plastic
That is wrong also.

A fast food restaurant cannot put their trash bags in the paper recycling bin, no, but a few pizza boxes are not going contaminate an entire batch of recycled paper, unlike plastic where dissimilar plastics will contaminate and entire batch.

Paper recycling handles food residue without a problem. To recycle paper you throw it all in a gigantic vat, boil it, and everything breaks down. Inks, Fat, Oil and grease float to the top and are skimmed off, solids like staples and plastic are filtered out.

Unlike plastic where there is no economical way to remove the inks used to make white/blue/green containers and if you mix PET and ABS, you get garbage.

Comment: Re:They aren't drowning in plastic (Score 3, Informative) 427

by IP_Troll (#44633787) Attached to: US States Banned From Exporting Trash To China Are Drowning In Plastic

They just need to be more thoroughly sorted

Wrong.

Household waste plastic other than clear plastic PET is not worth recycling. The plastic lobby has pulled the wool over your eyes. Plastic can be easily recycled when sorted, is like saying you can easily walk to work when someone gives you a piggyback ride.

"Success covers a multitude of blunders." -- George Bernard Shaw

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