CMI responds to AiG dispute summary

Creation Ministries International has updated its website to respond to the trove of documents released by Answers in Genesis. The Answers in Genesis site now includes the U.S. judge's order to compel arbitration in the U.S. (PDF). The court's order requires arbitration to occur in the U.S., but does not put a stop to the legal action in Australia, on the grounds that one of the documents at issue (the Deed of Copyright License or DOCL) says that the parties do "not object to the exercise of jurisdiction by [the Australian courts] on any basis" (to quote the judge's quotation from the document). The judge describes his order as granting in part and denying in part the Answers in Genesis petition, though Answers in Genesis describes it merely as granting their petition to compel arbitration.

The CMI update has a lengthy list of "WHAT AIG IS CAREFUL NOT TO TELL YOU" that makes the point that the U.S. and Australian groups were not as separate as AiG has tried to convey, with interesting examples such as that the U.S. group had appointed a CEO/COO to report to Ken Ham as president, and Carl Wieland of the Australian group was given the task of firing this person. Another is that the letter from Wieland to the U.S. board that AiG describes as "unsolicited" was actually specifically requested by the U.S. board in response to Wieland's criticisms that he had previously made to the Australian board (three members of which were also on the U.S. board).

AiG describes its former executive VP, Brandon Vallorani, as a dupe or co-conspirator with Carl Wieland, but doesn't note that when he was terminated he was given a payment in return for being bound to silence, and so is unable to comment on what actually happened without breaching that agreement.

The CMI summary notes (as I mentioned, via Kevin Henke, in my previous post) that the Thallon document contradicts other testimony from Thallon about whether the Australian board was pressured to accept the October 2005 agreement: "Ironically, there is eyewitness testimony of people having heard Thallon himself claim that they acted under duress in signing, and we have in writing (written back at the time) from a leading creation scientist and professor that Thallon personally told him that Ken Ham had threatened to not buy the next issue of the magazine if they failed to sign. So Thallon is either telling the truth to this scientist, or he is telling the truth in these documents–it’s hard to see how both can be the case." It's also interesting to note that the Thallon document alternates between U.S. and Australian spellings of some words (e.g. "organization" and "organisation" are both used in paragraph 22), which probably indicates a document prepared by Thallon (an Australian) and one or more Americans (such as AiG's attorneys) that was not fully reviewed carefully for consistency.

The dangers of digital drugs

Kim Komando (who at least used to be based here in Phoenix) is promoting nonsense about "digital drugs":

But websites are targeting your children with so-called digital drugs. These are audio files designed to induce drug-like effects.

All your child needs is a music player and headphones.

Digital drugs supposedly synchronize your brain waves with the sound. Hence, they allegedly alter your mental state.

Binaural beats create a beating sound. Other noises may be included with binaural beats. This is intended to mask their unpleasant sound.

Some sites provide binaural beats that have innocuous effects. For example, some claim to help you develop extrasensory powers like telepathy and psychokinesis.

Other sites offer therapeutic binaural beats. They help you relax or meditate. Some allegedly help you overcome addiction or anxiety. Others purport to help you lose weight or eliminate gray hair.

However, most sites are more sinister. They sell audio files ("doses") that supposedly mimic the effects of alcohol and marijuana.

But it doesn't end there. You'll find doses that purportedly mimic the effects of LSD, crack, heroin and other hard drugs. There are also doses of a sexual nature. I even found ones that supposedly simulate heaven and hell.

Many are skeptical about the effects of digital drugs. Few scientific studies have been conducted on binaural beats. However, a Duke University study suggests that they can affect mood and motor performance.

Dr. Nicholas Theodore, a brain surgeon at Barrow Neurological Institute in Phoenix, said there is no real evidence that idosers work. [emphasis added] But he noted that musical preference is indicative of emotional vulnerability. Trying idosers could indicate a willingness to experiment with drugs and other dangerous behavior.

Theodore added that idosers are another reason to monitor kids' Internet usage. And, he said, kids need frank talks with their parents about correct choices.

...

Let's think about this for a moment. The sites claim binaural beats cause the same effects as illegal drugs. These drugs impair coordination and can cause hallucinations. They've caused countless fatal accidents, like traffic collisions.

If binaural beats work as promised, they are not safe. They could also create a placebo effect. The expectation elicits the response. Again, this is unsafe.

At the very least, digital drugs promote drug use. Some sites say binaural beats can be used with illegal drugs.

At least she doesn't call for new laws. I'd endorse consumer civil complaints, if not fraud charges, against sellers of bogus products, which would include the so-called "therapeutic" binaural beats just as much as the allegedly "sinister" ones.

(Via The Agitator.)

AiG/CMI: judge accepts, then withdraws mediation offer

The judge in the U.S. lawsuit filed by Answers in Genesis against Creation Ministries International said that he intended to rule that the groups go into arbitration in Kentucky, under the rules of the American Arbitration Association. But he rejected AiG's demands to stop the legal proceeding in Australia or to force arbitration by Peacemakers/ICC, the organization they had selected for Christian arbitration.

After the hearing, CMI's attorney proposed that the judge himself mediate a one-day attempt to resolve the dispute more quickly, and the judge agreed on the condition that the mediation meeting be limited to Carl Wieland, Ken Ham, and their respective attorneys. CMI agreed, posted a note to that effect on their website, and booked airfare.

AiG, however, objected to the restriction to one person, and requested that an additional person participate, on the grounds that Ken Ham is not a member of the AiG board of directors.

The judge then withdrew the mediation offer, and the case will continue in the U.S., without going to Christian arbitration.

CMI has a new web page up describing the mediation offer and speculating on the next steps. They observe that the judge has made multiple statements to the effect that the only jurisdiction mentioned in the legal documents between the groups is Australia, and point out that they have already filed an appeal on that basis regarding the judge's decision to require arbitration in the United States.

CMI has also updated their main web page on the dispute.

Robert Neuwirth at TED

This is a video of a presentation at the TED conference by Robert Neuwirth, author of Shadow Cities: A Billion Squatters, A New Urban World, about how the growth of squatter cities represents the cities of the future, as a growing percentage of the world's population will live in such cities. I find it fascinating how such extra-legal cities which tend to operate beyond the fringes of the law, are places of considerable freedom and opportunity despite their poverty. Another similar book is Ian Lambot and Greg Girard's City of Darkness: Life in Kowloon City, about the squatter city of Kowloon Walled City on the peninsula south of Hong Kong, where squatters developed their own systems of property rights and rules in the absence of government intervention.

"In our corporate DNA"

Yesterday while getting my car serviced, I noticed that Toyota's brochure about its latest vehicles says on the back that "Moving Forward is in our DNA," and became annoyed. "X is in our corporate DNA" has become an incredibly popular marketing buzzphrase lately, and I've heard it said for some value of X in almost every vendor presentation I've heard this year. My thought yesterday was that I don't really care if X is in the genotype if it isn't expressed in the phenotype. If the company really wants to make the point that X is a core competency or value, saying "it's in our DNA" isn't really an accurate way of putting it.

So this morning I did a search to see if any biologists have commented on this buzzphrase, and was pleased to see that Keith Robison commented on it last December:

The question posed is this: what do companies asking this really mean, or more specifically what might it mean that they don't intend (very Dilbert-esque). Presumably they are trying to make a statement about deeply embedded values, but what does it really mean to have something in your DNA? For example, do they mean to imply:

• A lot of our company is unfathomable to the human mind
• There's a lot of redundancy here
• Often we often repeat ourselves often repeatedly, often repeating repetitiously.
• We retain bits of those who invade our corporate DNA, though with not much rhyme or reason
• A lot of pieces of the organization resemble decayed portions of other pieces of our organization
• Some pieces of our organization are non-functional, though they closely resemble functional pieces of related organizations
• Most of our organization has no immediate impact on routine operations, or emergency ones
• Most of our organization has no immediate obvious purpose, if any
• Our corporate practices are not the best designable, but rather reflect an accumulation of historical accidents

Now, many of these statements may well be true about a given company, but is that what you really want to project?

This gives me some great ideas on how to respond the next time I hear a vendor use the phrase.

Focus on the Family: Pray for rain on Obama

The lunatics at Focus on the Family want people to pray for rain on Obama's acceptance speech at the Democratic Convention. This is absurd on multiple levels--not only does nothing fail like prayer, but how on earth do they consider this to be a remotely ethical or rational thing to do?

Why not just pray that Obama doesn't get elected? Or follow the pattern with Supreme Court justices, and pray for death?

(Via Dispatches from the Culture Wars.)

UPDATE (August 12, 2008): Focus on the Family has pulled the video from their site, claiming that it was all just a joke, as the Rocky Mountain News reports:

Focus on the Family Action pulled a video from its Web site today that asked people to pray for "rain of biblical proportions" during Barack Obama's Aug. 28 appearance at Invesco Field at Mile High to accept the Democratic nomination for president.

Stuart Shepard, director of digital media at Focus Action, the political arm of Focus on the Family, said the video he wrote and starred in was meant to be "mildly humorous."

But complaints from about a dozen Focus members convinced the organization to pull the video, said Tom Minnery, Focus Action vice president of public policy.

"If people took it seriously, we regret it," Minnery said Monday.

UPDATE (August 27, 2008): There was flooding at the Democratic National Convention--but it was flooding of the Fox skybox at the Pepsi Center when a sprinkler system went off for about five minutes, dumping 50 to 100 gallons of water per minute.

UPDATE (August 30, 2008): Obama's speech went off without a hitch, but it looks like Hurricane Gustav may cause a suspension of the Republican National Convention.

Is religion a response to disease?

Corey Fincher and Randy Thornhill of the University of New Mexico have published a report in the Proceedings of the Royal Society in which they hypothesize that patterns of behavior that promote exclusivity act as a response to disease transmission, including both religion and language. They looked at the average number of religions per country and how disease-ridden each country is, and found a positive correlation between number of parasitic diseases and number of religions. The number of religions per country studied ranged from 3 to 643, with an average of 31; the number of parasitic diseases ranged from 178 to 248, with an average of 200. They also found that people in countries with more religions and diseases were less mobile--they moved shorter differences--than countries with fewer religions and diseases.

Does this mean that religion is a response to disease, prompting people to keep to themselves and be less mobile, or does it mean that religion acts similarly to disease (prompting people to behave in that same way)?

(Via The Economist, August 2, 2008, p. 83.)

Nigerian university cults

There's an interesting article in the August 2, 2008 issue of The Economist about "Cults of violence" in Nigeria. Campus "cults" have arisen in Nigeria's university system that are something along the lines of a cross between a fraternity and a criminal gang. These "cults" have killed 115 students and teachers between 1993 and 2003, according to the Exam Ethics Project. The first such group, the Pyrates Confraternity, was founded by Wole Soyinka, a Nobel prizewinner in literature, in 1952 at the University of Ibadan. Subsequent groups had names like the Black Axe, the Vikings Confraternity, and the Klansmen Konfraternity. Members of these groups were originally elite students who have moved on to positions of authority in Nigeria. The groups charge membership fees, but members typically make the money back by performing actions for the group, such as acting on behalf of politicians connected to the group. Such actions of late have included harassment, violence, and murder. Rivers State University banned "cultism" in 2004, but since the groups are provided with cash and weapons by politicians, the ban has had little effect.

UPDATE (December 2, 2021): This article in The Record (November 24, 2021) is of relevance: Olatunji Olaigbe, "How the pandemic pulled Nigerian university students into cybercrime."

Bad coroner to be stopped from performing Mississippi autopsies

Mississippi coroner Steven Hayne, whose incompetent and dishonest work has been exposed in numerous articles by Radley Balko at The Agitator, will be cut off from future work--but only after he completes a backlog of 400-500 autopsies in the next 90 days. That's more than double the number of annual autopsies per year per coroner according to the National Association of Medical Examiners, and he's typically done 1,500 per year. The NAME says a coroner shouldn't do more than 250 a year, and will not certify any coroner who does over 350 a year.

Balko points out how inept and dishonest Mississippi's government and newspapers have been in dealing with Hayne.

Mississippi is not a state I ever want to visit, let alone live in.

UPDATE (September 7, 2008): Radley Balko has tracked down a file of complaints about Hayne going back to the early nineties which shows, among other things, that the government in Mississippi was well aware of what Hayne was doing, and used him because he gave them the results they wanted.

UPDATE (September 10, 2008): Balko has an update to his September 7 post that corrects a statement about Dr. Emily Ward, Mississippi's last official state medical examiner.

Lying NYPD cops

Via The Agitator, here's video from a Critical Mass event in New York City which compares what actually happened on the scene from multiple angles to what police officers wrote in their reports. I have no sympathy for people who violate traffic laws like running red lights (which happens near the beginning of the video) or behaving like five-year-olds (which happens near the end), but this video also shows people who are supposed to be public servants violating people's rights and lying to make arrests on false pretenses. Officers like Sgt. Timothy Horohoe need to be not just fired, but criminally prosecuted.

The video asserts that Joyce Lin (the aforementioned person acting like a five-year-old) was within her rights to not produce identification and walk away, but this may not be true depending on New York law. Nevada has a law that requires suspects to identify themselves in certain conditions, which was upheld by the U.S. Supreme Court in Hiibel v. Sixth Judicial District Court of Nevada (542 U.S. 177, 2004). If New York has a similar law, Lin was required to identify herself.

UPDATE (December 17, 2008): A Critical Mass bicyclist knocked from his bike by an NYPD cop in a similar incident in July, caught on video and viewed over 1.8 million times on YouTube has been cleared, and the cop indicted, stripped of his badge and gun, and assigned to desk duty. The NYPD officer in that case was Patrick Pogan. Sometimes flagrant police abuses do get punished, but it's a pity they often have to be caught on video and seen widely for that to happen.