2009.07.01 05:26 _ze Open Directories
2010.08.03 16:38 kanez Lawn Care
2012.06.17 20:13 Algorithmic Trading
2024.05.15 15:29 Tycho_Jissard MS-ISAC CYBERSECURITY ADVISORY - Multiple Vulnerabilities in Mozilla Products Could Allow for Arbitrary Code Execution - PATCH: NOW
Mozilla: https://www.mozilla.org/en-US/security/advisories/ https://www.mozilla.org/en-US/security/advisories/mfsa2024-21/ https://www.mozilla.org/en-US/security/advisories/mfsa2024-22/ https://www.mozilla.org/en-US/security/advisories/mfsa2024-23/CVE: https://cve.mitre.org/cgi-bin/cvename.cgi?name=CVE-2024-4367 https://cve.mitre.org/cgi-bin/cvename.cgi?name=CVE-2024-4764 https://cve.mitre.org/cgi-bin/cvename.cgi?name=CVE-2024-4765 https://cve.mitre.org/cgi-bin/cvename.cgi?name=CVE-2024-4766 https://cve.mitre.org/cgi-bin/cvename.cgi?name=CVE-2024-4767 https://cve.mitre.org/cgi-bin/cvename.cgi?name=CVE-2024-4768 https://cve.mitre.org/cgi-bin/cvename.cgi?name=CVE-2024-4769 https://cve.mitre.org/cgi-bin/cvename.cgi?name=CVE-2024-4770 https://cve.mitre.org/cgi-bin/cvename.cgi?name=CVE-2024-4771 https://cve.mitre.org/cgi-bin/cvename.cgi?name=CVE-2024-4772 https://cve.mitre.org/cgi-bin/cvename.cgi?name=CVE-2024-4773 https://cve.mitre.org/cgi-bin/cvename.cgi?name=CVE-2024-4774 https://cve.mitre.org/cgi-bin/cvename.cgi?name=CVE-2024-4775 https://cve.mitre.org/cgi-bin/cvename.cgi?name=CVE-2024-4776 https://cve.mitre.org/cgi-bin/cvename.cgi?name=CVE-2024-4777 https://cve.mitre.org/cgi-bin/cvename.cgi?name=CVE-2024-4778
2024.05.15 15:28 Tycho_Jissard MS-ISAC CYBERSECURITY ADVISORY - Multiple Vulnerabilities in Adobe Products Could Allow for Arbitrary Code Execution - PATCH NOW
2024.05.15 15:08 WhatCanIMakeToday Operational Efficiency Shares: Rehypothecating 🐇🐇🐇🐇 And Breaking Free Of Chains [WalkThrough] (4/n)
From the prior DD in this series [1], we know that ComputerShare can “give” the DTC registered DSPP shares to hold onto for operational efficiency which are then “given back” as shares beneficially owned “for the benefit of” (“FBO”) DSPP Plan Participants at ComputerShare, as illustrated in this diagram: submitted by WhatCanIMakeToday to Superstonk [link] [comments] From The Prerequisite DD It’s time to explore what “operational efficiency” benefits may be gained by DSPP shares going around this roundabout. At first glance, shares are basically just going in a big circle from DSPP Plan Participants with registered ownership DSPP shares at ComputerShare heading to the DTC, who hands shares to ComputerShare’s broker who maintains those shares for the benefit of ComputerShare who holds those shares for the benefit of Plan Participants. While I think it’s unlikely that shares just go around in a big fat circle for no reason, I do remember people getting onto flights to literally go nowhere a few years ago [CNN, NYT]; so maybe these operational efficiency shares simply miss hanging out at the DTC? Let’s look more closely… While title is held by a registered DSPP Plan Participant, ComputerShare is giving the DTC possession [1] of registered DSPP shares to the DTC to hold for operational efficiency which then ultimately end back in the possession of ComputerShare’s broker (who isn’t lending out shares) for the benefit of ComputerShare for the benefit of Plan Participants. If we treat the DTC’s operations as a big black box, we see registered shares going into the DTC black box and beneficially owned shares coming out of the black box to ComputerShare for Plan Participants. DTCC Black Box: Inputs vs Outputs Investopedia says that shareholders have rights, with a list of 6 main rights including:
§ 240.13d-3 Determination of beneficial owner.ComputerShare basically confirms this list (except for the right to sue as that’s probably not one their issuer customers would emphasize) and adds that beneficially held shares may be lent by brokers generally (but not by ComputerShare’s broker). Registered Shareholder Rights vs Beneficial Owner Rights Maybe you’ve had different experiences from me, but I’ve never known Wall St to deliver more than the bare minimum they’re contractually obligated to. Which means the DTC black box is very likely watering down shareholder rights from the 6 that go in down to the 2 which come out. (And yet, we’re supposed to believe that all shares are equal. 🙄) Dividends (#4 on the list) [2] may be the clearest example of a watered down shareholder right. Registered shareholders have the right “to directly receive share dividends” [CS FAQ] which means if a company (e.g., GameStop or OverStock) issues a dividend, registered shareholders have the right to directly receive the dividend as issued. If the company issues a crypto dividend (as OverStock tried to do), registered shareholders have the right to directly receive the issued crypto dividend. Beneficial shareholders would get an issued dividend, if available, or a cash equivalent if not. Historically, stock and other dividends to beneficial shareholders could easily be delivered as a cash equivalent, a watered down form. Crypto dividends don’t scale well with shorts (both naked and legal via, for example, share lending and borrowing) because crypto tokens are unique which makes it abundantly clear why a crypto dividend was nixed for a heavily shorted idiosyncratic stock like GameStop; especially given GameStop’s particularly active shareholders. Ownership (#2 on the list) may be the second clearest example of a watered down shareholder right as more security interests to shares exist in the DTC’s beneficial ownership system than there are shares; with the SEC saying beneficial shares get a pro rata interest in the securities of that issue held by DTC. [See End Game Part Deux: Problems at the DTCC plus The Bigger Picture, particularly the section “The Pie Is Shrinking: Get Out (And DRS) While You Can”] Voting (#1 on the list) is also an example watered down shareholder right; this one having a long history on this sub with, for example, BroadRidge tossing 7B votes and bragging about it. (Beneficial owners only need to get shared voting rights per Rule 13d-3 above so those 7B “shared” votes just lost out to who they shared with.) Unlike other beneficially held shares, voting rights for DSPP shares are not watered down as ComputerShare sends registered holders their voting forms. Operational Efficiency Shares, Whatcha Doing In There?A big black box is a pretty good description of the DTC which does not want us to know the ins and outs of what’s going on. Black holes are a pretty good example of a big black box and, most importantly, we know a lot about black holes even though they can’t be directly observed. Just as we learned about black holes without direct observation, we can similarly learn a lot about the Operational Efficiency shares even though we can’t directly observe them in the DTC habitat.Even though we can’t look inside the DTC’s big black box, it turns out we don’t really have to in order to identify some benefits from these operational efficiency shares taking their roundabout trip to nowhere. Locates A few commenters have suggested that OE shares could be used for locates so I’ll address this first. Possible, yes. But I don’t view this as the most interesting use for OE shares. Brokers are supposed to “locate” securities available for borrowing before short selling. [Wikipedia)] Basically, before selling short a broker is supposed to find a source to borrow. The “locate” requirement does NOT require the security to be borrowed before short selling which can result in a legal naked short. You may be wondering why I don’t view “locates” as particularly interesting for OE shares if short sellers need to locate shares to borrow before shorting. Well, market makers are also exempt from this requirement as long as they’re market making. 🙄 On top of the market maker exemption, remember House Of Cards? In House Of Cards 3 [SuperStonk], we learned about the now 🤦♂️ hilarious F**3 key **- yeah, the one on a keyboard. Brokers like Goldman found the locate requirement simply too much work so they would press the F3 key and their system would auto-approve the locate requirement based only on the number of shares available to borrow at the beginning of the day; regardless of whether those shares were still available to borrow or not. House Of Cards 3 Meaning as long as there were some shares available to borrow at the beginning of the day for their share copying system, brokers could just smash the F3 key to make as many copies of shares as they need. Even if only 1 share was available to borrow at the beginning of the day, a broker could simply smash the F3 key 100 times to approve the locate requirement for 100 shares. So while OE shares could be used for locates, they wouldn’t need many shares each day to make an unlimited number of copies - even just 1 is enough. Lending shares on the other hand… Rehypothecation Rehypothecation is the reuse of customer collateral for lending. Per a 2010 IMF Working Paper, The (sizable) Role of Rehypothecation in the Shadow Banking System, Rehypothecation occurs when the collateral posted by a prime brokerage client (e.g., hedge fund) to its prime broker is used as collateral also by the prime broker for its own purposes.This IMF paper defined a “churning factor” to measure how many times an asset may be reused; and then estimated a churning factor of 4 noting that it could be higher because international banks (e.g., HSBC and Nomura) were not sampled. This IMF paper found a single asset may be lent and borrowed 4 times, or more; an average which could be higher globally. https://preview.redd.it/ymr3j03zri0d1.png?width=795&format=png&auto=webp&s=1555314cefd520658a4f78dc4745867063e3bf34 Churn Factor Could Be Higher Globally How much higher? We may have seen a churn factor as high as 10 for a less idiosyncratic meme stock per my prior post, Estimating Excess GME Share Liquidity From Borrow Data & Churn Factor. Presumably, the idiosyncratic meme stock would have a higher churn factor (but not that important for this post). More recently (2018), the Federal Reserve published this Fed Note on The Ins and Outs of Collateral Re-use studying how often collateral is reused (i.e., rehypothecated) for Treasury & non-Treasury securities [3] with a beautiful figure illustrating how “for any given moment in time, one security can be attributed to multiple financial transactions” where a share could be posted multiple times through Security Financing Transactions (SFTs) and sold short. [4] Sounds familiar, right? https://preview.redd.it/zsztmji4si0d1.png?width=1530&format=png&auto=webp&s=f222dfe50929f668af8f8f0b39514a7d862db9c9 Figure 6c of this Fed Note shows a Collateral Multiplier over time illustrating how “PDs [Primary Dealers] currently re-use about three times as many securities as they own for non-Treasury collateral and seven times as many securities as they own for U.S. Treasury securities”. AKA \"Money Multiplier\" The Fed Note describes their Collateral Multiplier as a “money multiplier” (Seriously, I couldn’t have made this up in a million years.), In a sense, our Collateral Multiplier is akin to a "money multiplier," as it compares private liabilities created by a firm with the amount of specific assets held to create those liabilities. [The Ins and Outs of Collateral Re-use]And, of course, the Collateral Multiplier aka “money multiplier” ratio goes up when there’s less collateral available and down when there’s more collateral available. (Can I get one of these multipliers?) Intuitively, we expect the ratio to increase when collateral is scarce and to decrease when collateral is more abundant.Which means Primary Dealers [Wikipedia has a list of familiar names including Deutsche Bank, JP Morgan, Morgan Stanley, Nomura, BofA, Citigroup, TD, UBS, and Wells Fargo; amongst others] can simply kick securities around a few extra times (e.g., with SFTs and short sells) to effectively multiply the amount of money and/or collateral they have any time they need it. (Within limits, I hope…) Thus, rehypothecation is a very interesting use of Operational Efficiency shares from ComputerShare as various primary dealers can simply “multiply” the number of shares they have – a concept that we’re already quite familiar with. As rehypothecation, short sells, and securities financing transactions are all perfectly legal, rehypothecating more GameStop shares provided to the DTC via operational efficiency satisfies Ground Rule #2 [defined in (1/n) in this series], We can update our conceptual model to include rehypothecation to more clearly illustrate how Operational Efficiency shares held in the DTC can be rehypothecated (e.g., with SFTs and short sells) until a watered down share is delivered to ComputerShare’s broker to hold FBO ComputerShare, who holds the watered down share FBO DSPP Plan Participants. https://preview.redd.it/bt3gnx99si0d1.png?width=4764&format=png&auto=webp&s=7b0b72b935f740e8a3036f88e1a4e1dfb57dd46c You might notice from this illustration that ComputerShare has been telling the truth satisfying Ground Rule #1 [defined in (1/n) in this series]. Neither ComputerShare’s nor their broker lend or need to lend shares. All the rehypothecation happens “upstream” amongst other DTCC and NSCC Participants until shares are finally delivered to ComputerShare’s broker at the end of the “Churn Chain”. ComputerShare has made no representations about what the DTC can or can not do with the shares in their possession. And, realistically, ComputerShare is in no position to make any representations about what happens within the DTCC system – ComputerShare is only responsible for themselves and, to some extent, their broker. The Fed Note and IMF paper found assets may be churned and reused 3-4 times (overall market average) which means the end of the chain is typically around D3 or D4. (If my prior DD estimates are correct, there were signs a less idiosyncratic meme stock may be churned up to 10 times ending the chain at D10 which suggests a potentially longer chain for GME, the idiosyncratic meme stock.) If there is no collateral reuse for an asset, the chain would have zero length meaning Operational Efficiency shares go straight from the DTC directly to ComputerShare’s broker. (Programmers almost certainly understand zero length chains very well – go find one if you need an explanation.) GameStop is idiosyncratic, thus atypical. Per the IMF paper, collateral reuse increases when collateral is scarce and decreases when collateral is abundant (quoted above). If we consider GameStop investors have been direct registering shares (i.e., DRS) and registering shares (e.g., DSPP) thereby removing title and/or possession of shares from the DTC/DTCC/Cede & Co, then GameStop share availability has been becoming more scarce and the “Churn Chain” for GME should be longer than average representing a higher collateral multiplier and churn value. While we may not know the exact length of the Churn Chain for GameStop shares, we can pretty well surmise that it’s not a zero length Churn Chain where there is no collateral reuse based simply on scarcity. After all, a shortage of available shares is, by definition, required for any short squeeze (including MOASS). Requests by brokers to enable Share Lending [5] is another example indicator that GameStop shares are scarce. In addition, according to Investopedia [6], “Banks, brokers, or other financial institutions may navigate a liquidity crunch and access capital by rehypothecating client funds” and we’ve seen indicators showing us banks are in deep trouble:
There are also leverage considerations that increase that risk of default. Overleveraged investments often face covenants; when specific conditions are met, trading accounts may receive a margin call or face debt default. As a row of dominos fall after a single collapse, a single margin call may cause other debts to fail their account maintenance requirements, setting off a chain reaction that places the institution at higher risk of overall default. [6]This risk for rehypothecation sounds exactly like what the Options Clearing Corporation was complaining about to the SEC when the OCC Proposed Reducing Margin Requirements To Prevent A Cascade of Clearing Member Failures [SuperStonk] early 2024. If the OCC can eliminate margin calls, then no dominos get knocked down. (Thankfully, apes have done a phenomenal job in convincing the SEC that this OCC proposal is a very bad idea. Support the SEC’s rejection of this as Simians Smash SEC Rule Proposal To Reduce Margin Requirements To Prevent A Cascade of Clearing Member Failures!) Most importantly, it may be tough to regain possession of an asset when someone in the rehypothecation chain defaults. Remember from the prior DD the expression about possession: Possession is nine-tenths of the law. Clients must be aware of rehypothecation as it is technically their own assets that have been pledged for someone else's debt. This creates complicated creditor issues where an investors shares may longer be in their possession due to their custodian's default. [6]We know assets are rehypothecated 3-4 times on average, GameStop shares are scarce, banks are in trouble, stock loan volume is skyhigh, and the risks of rehypothecation are real. So it’s pretty clear that rehypothecation is happening generally with pretty darn good reason to expect GameStop’s Churn Chain is at least of non-zero length (i.e., GameStop stock is being rehypothecated). Breaking The ChainsWhile some may like chains and being tied up, I’m not one of those apes. Especially as a Churn Chain waters down my shareholder rights and may make regaining possession of DSPP stock difficult in the event of a cascade of defaults, as warned by the OCC. (If you like chains, feel free to skip this section.)As it turns out, we don’t need to know exactly how long the Churn Chain is for GameStop stock. Simply knowing a Churn Chain exists with non-zero length means there is a chain. Where there is a chain, it’s possible to break the chain. (Even if you don’t know how much health) your enemy has in a game, you still try to take your enemy out. Right?) A churn chain that starts from ComputerShare holding DSPP shares in DTC for operational efficiency can easily be broken as “[a]n investor can, at any time, withdraw all or part of their shares in DSPP book-entry form and have them added to their DRS holding”. [ComputerShare] See also [7]. Quite possibly one of the easiest chains in the world to break as the Churn Chain is weak to DRS. Simply DRS the DSPP shares to take away the head of the chain and the rest of the chain falls apart. (And, DRS-ing "street name" shares cuts chains into pieces too!) One side effect of breaking a Churn Chain is that all shares attributed to transactions in a broken chain (e.g., SFTs and short sells) need to be reallocated to other chains, effectively making other chains longer and increasing the risks from a default. Analogy: Think of the shares as a deck of cards. If you deal 52 cards to 4 players (A, B, C and D), each player gets 13 cards. Each stack of 13 cards is basically a Churn Chain. But if you take out a stack by removing the bottom card from A and distribute the remaining 12 cards from A to B, C and D then B, C and D each now have 17 cards. If at any given time a card can cause a player to lose the game, it's better to have fewer cards than more. And, the players who get out early won't lose. Any party in the Churn Chain who defaults will make it hard for the original owner to regain possession. Longer chains include more transactions and more parties so there’s more risk of default on longer chains than shorter chains. Thus we see another vicious cycle setup where incentives are aligned such that DSPP and beneficial shareholders may want to avoid the impending default and rehypothecation risk from their shares being held in DTC. In order to avoid the impending default and rehypothecation risks, shareholders are incentivized to Directly Register shares to ensure having both title and possession. (Shares held in “street name” have little or no protection from rehypothecation risk and simply registering shares in DSPP doesn’t guarantee possession [1].) As with the other vicious cycle, any remaining shareholders in DTC share a shrinking pie of diluted ownership so it is in their best interest to get out and DRS; thereby shrinking the diluted ownership pie even more which is more reason for remaining shareholders to get out. These vicious cycles will eventually leave few, if any, remaining shares at the DTC for beneficial shareholders. Nobody knows what will happen if this ♾️🏊 happens. Footnotes[1] If you haven’t already, please read the prerequisite DD in this WalkThrough Series to understand how ownership of property is separated into two concepts: title and possession. [See, e.g., StackExchange] Understanding the differences between title and possession are particularly important here where it’s worth being extra careful identifying how an entity is in control of an asset.
[3] Footnote 16 of the Fed Note itemizes various classes of non-Treasury collateral which includes equity which, per Investopedia, is a synonym for stocks. [4] While short selling is pretty well known, Security Financing Transactions (SFTs) may be more obscure despite discussion of them in the past so here’s some historical SuperStonk links for you (where you may notice some well known OG DD apes):
[6] https://www.investopedia.com/ REMOVE_FOR_AUTOMOD terms/r REMOVE_FOR_AUTOMOD /rehypothecation.asp [7] Withdrawing whole DSPP shares into DRS seems to make a lot of sense as doing so guarantees possession. Selling fractionals, less so. If you intend to keep buying, I would think adding to the fractionals to later withdraw whole shares makes more sense. As for the concern about fractionals tainting the whole account, I’ll cover that in another post. For now, you do you. |
2024.05.15 14:54 e__rin Where can I get free books?
Just got my new kindle! Was able to transfer a pdf file via cloud (just to see how it would look like hehe) and also remove the ads via amazon’s customer service. I’m wondering now if there’s any way of getting free books aside from registering at libby? submitted by e__rin to PHBookClub [link] [comments] |
2024.05.15 14:50 Repulsive-Rub-5707 How Kendrick Lamar used the art of war to beat "the Certified PDF file" in their rap war
2024.05.15 14:48 PunnyHeals Misrepresentation of house price data by Realtor.ca
TL;DR: submitted by PunnyHeals to newbrunswickcanada [link] [comments]
I have been looking to buy a house for the past several years in the Fredericton area and have been checking the online listings regularly through Realtor.ca since it is the most common real estate listing website used in New Brunswick. What I liked about Realtor.ca was its ability to provide the average sell price for a house every month with graphs that showed the average sell price for a house in Fredericton for the past 12 months and 10 years. Looking for a house for an several years, I felt that I had a good idea of the market conditions and price ranges. My anecdotal evidence was that the average house price was much higher than Realtor.ca’s estimate of 288,300. I wondered if my anecdotal evidence could be supported by data. The objective of this report is to collect list price data from all available listings within the Fredericton area. Once collected, I can take the average price and see if it matches the average price shown by Realtor.ca. **Average/Median Methodology** When you use Realtor.ca, you can filter results by the property type. There are six property type categories: Residential (single family home), condo/strata, vacant land, recreational, multi-family, and agriculture. For each of these property types, the asking price and address were copied into an Excel file. The data was collected on May 10, 2024, and included all listings within Fredericton; duplicate listings were removed. Once all data was collected, the average and median for each property type was calculated (Table 1). I compared my calculated average to the Realtor.ca average to determine if my anecdotal evidence of thinking the average house price was higher than what Realtor.ca said was justified. **Results** There were 107 listings for residential houses (referred simply as “house” in this report), 245 listings for vacant land, 5 listings for recreational, 7 listings for multi-family, 2 listings for agriculture, and 10 listings for condos (Figure 1). The average listing price was $543,878 for houses, $177,026 for land, $227,080 for recreation, $826,100 for multi-family, $829,450 for agriculture, and $317,410 for condos. The median listing price was $474,900 for houses, $64,900 for land, $229,900 for recreation, $799,000 for multi-family, $829,450 for agriculture, and $289,900 for condos (Table 1). **Realtor.ca MLS System Average House Price Claim** When you search for “houses for sale in Fredericton, NB”, you will see the top search results show Realtor.ca. This is not uncommon since Realtor.ca and its Multiple Listing Service (MLS) have the highest number of listings of any other online real estate listing service for the Fredericton, NB, area. Having most real estate listings concentrated on one system can provide users with a general idea of greater market conditions beyond individual listings, such as averages and trends for cities. Realtor.ca provides this data in the form of “Market Price (CAD)” price trends for the past 12 months, and price trends for the past 10 years (Figure 2). These figures are prominently displayed at the end of the first page of the Fredericton real estate listings (URL: https://www.realtor.ca/nb/fredericton/real-estate). This leads us to the first claim by the Realtor.ca MLS system claim and our initial objective of this report. Claim: The average market price in Fredericton sits at $288,300 as of May, 2024. Analysis: When a user views these figures, it is a safe assumption that when a price is displayed, the user is inclined to believe that “Market Price (CAD)” is the average house price in Fredericton. This is further reinforced if the user reads the description above the figures which states: “Use our home price trends to better gauge local market conditions and plan your next move. The graphs below show benchmark or average prices of homes sold in the area. Data generated by MLS® Systems and the MLS® Home Price Index (HPI) — Canada’s most advanced tool to gauge local home price levels and trends.” This small paragraph specifically states, “The graphs below show benchmark or average prices of homes sold in the area.” Based off the graphs and their statement, we can safely interpret that Realtor.ca is explicitly saying that the average home price in Fredericton, NB, currently sits at $288,300; leaving no room for interpretation on how the data can be viewed. The reason I wanted to be explicitly clear on this thought process is that if you look back at the results section of this paper (Table 1) and see that the calculated average of all house listings was $543,878, it represents an 88.65% difference. A couple assumptions that could explain this difference are:
Since there is such a large discrepancy in my calculated average and the average from Realtor.ca, I expanded my analysis to other categories. I combined my residential house data set with the other five property types to see if it would alter our initial average and how close it would come to the calculated Realtor.ca average (Table 2). Realtor.ca claims the average house price in Fredericton was $288,300, which seems to be closest to my calculated average for the combination of house and land listings. With the addition of these combinations, it suggests that Realtor.ca calculates average housing price using houses and land listings. Realtor.ca MLS’s claim of the average house price in Fredericton, NB being $288,300 is a misrepresentation of the true market value and conditions. If a company were to calculate averages of an entire real estate market within an area, why would they only include house and land and not the other 4 categories? **Misleading Representations by Realtor.ca** The conclusions made from my analysis were made with plenty of explanations and assumptions. Given that the MLS system is a pay gated system, and their patented house price index algorithms are private, I feel it is reasonable to assume that my data is closer to true market prices. This leads us to the next question, if my data isn’t correct, why are the figures, calculations, and methodology misleading users on market conditions? The average user is not going to spend a significant amount of time manually collecting data and putting it into Excel to double check Realtor.ca. The company is the largest multiple listing system used in New Brunswick and holding that status comes with some form of implicit trust that the public holds for information it publishes. In this section, I will lay out sections and guidelines from the Competition Act and why I believe that Realtor.ca is violating the Act. **Competition Act** For the below, I will be using the most updated version of the Competition Act R.S.C., 1985, c. C-34, last amended on December 15, 2023 (https://laws.justice.gc.ca/eng/acts/C-34/page-1.html) and the “Application of the Competition Act to Representations on the Internet” published by Competition Bureau Canada (https://publications.gc.ca/collections/collection\_2010/ic/Iu54-1-2009-eng.pdf) *Section 2.2, Paragraph 4 of the Application of the Competition Act to Representations on the Internet* “Businesses should not assume that consumers read an entire Web site, just as they do not read every word on a printed page. Accordingly, information required to be communicated to consumers to ensure that a representation does not create a false or misleading impression should be presented in such a fashion as to make it noticeable and likely to be read.” Explanation: Section 2.2 applies to the average house price and accompanying figures (Figure 2). Realtor.ca shows the average house price in text and graph form but does not disclose that these are house and land price average if my calculations are accurate. *Section 4.1, Paragraph 1 of the Application of the Competition Act to Representations on the Internet* “If qualifying information is necessary to prevent a representation from being false or misleading when read on its own, businesses should present that information clearly and conspicuously. Businesses frequently use disclaimers, often signalled by an asterisk, to qualify the general impression of their principal representation when promoting their products or services. As mentioned earlier, the general impression conveyed by the representation, as well as its literal meaning, are taken into account in determining whether a representation is false or misleading.” Explanation: Section 4.1 applies to Realtor.ca house price indices and other methodologies. A disclaimer in this case would be located within the same small paragraph above the figures. Instead, they use their own house price index to obfuscate their methodologies (Figure 2). Another option they give is below the graphs as “Ask a realtor for more detailed information” which creates an additional barrier to the users right under the Competition Act. Specifically, the “to qualify the general impression of their principal representation when promoting their products or services.” The “ask a realtor” hyperlink brings you to an additional page where you can find their realtors in your area. This is incentivizing the user to use their services over others to access more information. Realtor.ca has a majority market share in New Brunswick which further reinforces their monopolistic practices over real estate that hurts consumers. *Section 4.1.3, Paragraph 1 of the Application of the Competition Act to Representations on the Internet* “Businesses may effectively draw attention to a disclaimer so that it is more likely to be read by using attention-grabbing tools to display the disclaimer. In doing so, businesses must be careful not to design attention-grabbing tools in other parts of the advertisement in such a way that they distract the consumer’s attention away from the disclaimer, making it unlikely that the consumer will notice the disclaimer or recognize its importance.” Explanation: Section 4.1.3 is further evidence of obfuscation and misrepresentation of their graphical aids and calculations. Similar to section 2.2 in the Application of the Competition Act to Representations on the Internet, Realtor.ca placed those figures at the bottom of the first page of listings to draw the user’s attention to their interpretation of data. *Section 52 (1) of the Competition Act: False or misleading representations* “No person shall, for the purpose of promoting, directly or indirectly, the supply or use of a product or for the purpose of promoting, directly or indirectly, any business interest, by any means whatever, knowingly or recklessly make a representation to the public that is false or misleading in a material respect.” Explanation: Section 52 (1) is the main argument for this report. I believe that Realtor.ca knowingly or recklessly misrepresented the average house price in Fredericton using deceptive graphical aids and created a home price index to further obfuscate the methodology. I am not a lawyer, so I could be misinterpreting the sections of the Competition Act. I believe Realtor.ca has reached the threshold of violating the Competition Act since Section 52.1.1 states: “For greater certainty, in establishing that subsection (1) was contravened, it is not necessary to prove that (a) any person was deceived or misled; (b) any member of the public to whom the representation was made was within Canada; or (c) the representation was made in a place to which the public had access.” This amendment to the Competition Act removed the threshold of proving that an individual or the public were deceived or misled. I believe that Realtor.ca has violated all three elements of section 52.1.1 ensuring that they have met the threshold of violating section 52.1 of the Competition Act. **Conclusion** I have given numerous caveats to my analysis, so it is possible I have come to the wrong conclusions given the lack of transparency in methodology and limited time frame. One thing I can conclude with certainty, is that Realtor.ca is misrepresenting market conditions through their figures displaying average house prices, pay gates to information, and methodology disclosures guised as a patented as a housing price index. I believe that Realtor.ca should make it clear to the user how their housing price index is calculated. Realtor.ca and the MLS system has succeeded in market capture and fights to keep this information pay gated to only people that benefit from these misleading claims. Regardless of their reasons, these monopolistic practices only benefit anyone under their system through the restriction of information to shape the way the public perceives the market conditions, a clear violation of the Competition Act and a disservice to the public. There was a lot more I wanted to cover like if Statistics Canada (u/StatCanada) sourced their data from the MLS system and the broader implications of sourcing data that could be misrepresentation. Again, I could be wrong and would welcome any additional relevant information. https://preview.redd.it/awfmkl0x6l0d1.png?width=1681&format=png&auto=webp&s=c9c4be8b6139c4f079ff343637b159b85e79cd3b https://preview.redd.it/za540m0x6l0d1.png?width=3816&format=png&auto=webp&s=8c16fdcbc34795f46b38bdf502e1576fb43887dd https://preview.redd.it/h5lz8p0x6l0d1.png?width=4166&format=png&auto=webp&s=3a76bdd71e64435fbaa38a768469d287b508946a https://preview.redd.it/5qz74m0x6l0d1.png?width=3262&format=png&auto=webp&s=ab9363605bd6b31f324b5bb58f1fcc847f17a67b |
2024.05.15 14:47 PunnyHeals Misrepresentation of house price data by Realtor.ca
TL;DR: submitted by PunnyHeals to fredericton [link] [comments]
I have been looking to buy a house for the past several years in the Fredericton area and have been checking the online listings regularly through Realtor.ca since it is the most common real estate listing website used in New Brunswick. What I liked about Realtor.ca was its ability to provide the average sell price for a house every month with graphs that showed the average sell price for a house in Fredericton for the past 12 months and 10 years. Looking for a house for an several years, I felt that I had a good idea of the market conditions and price ranges. My anecdotal evidence was that the average house price was much higher than Realtor.ca’s estimate of 288,300. I wondered if my anecdotal evidence could be supported by data. The objective of this report is to collect list price data from all available listings within the Fredericton area. Once collected, I can take the average price and see if it matches the average price shown by Realtor.ca. **Average/Median Methodology** When you use Realtor.ca, you can filter results by the property type. There are six property type categories: Residential (single family home), condo/strata, vacant land, recreational, multi-family, and agriculture. For each of these property types, the asking price and address were copied into an Excel file. The data was collected on May 10, 2024, and included all listings within Fredericton; duplicate listings were removed. Once all data was collected, the average and median for each property type was calculated (Table 1). I compared my calculated average to the Realtor.ca average to determine if my anecdotal evidence of thinking the average house price was higher than what Realtor.ca said was justified. **Results** There were 107 listings for residential houses (referred simply as “house” in this report), 245 listings for vacant land, 5 listings for recreational, 7 listings for multi-family, 2 listings for agriculture, and 10 listings for condos (Figure 1). The average listing price was $543,878 for houses, $177,026 for land, $227,080 for recreation, $826,100 for multi-family, $829,450 for agriculture, and $317,410 for condos. The median listing price was $474,900 for houses, $64,900 for land, $229,900 for recreation, $799,000 for multi-family, $829,450 for agriculture, and $289,900 for condos (Table 1). **Realtor.ca MLS System Average House Price Claim** When you search for “houses for sale in Fredericton, NB”, you will see the top search results show Realtor.ca. This is not uncommon since Realtor.ca and its Multiple Listing Service (MLS) have the highest number of listings of any other online real estate listing service for the Fredericton, NB, area. Having most real estate listings concentrated on one system can provide users with a general idea of greater market conditions beyond individual listings, such as averages and trends for cities. Realtor.ca provides this data in the form of “Market Price (CAD)” price trends for the past 12 months, and price trends for the past 10 years (Figure 2). These figures are prominently displayed at the end of the first page of the Fredericton real estate listings (URL: https://www.realtor.ca/nb/fredericton/real-estate). This leads us to the first claim by the Realtor.ca MLS system claim and our initial objective of this report. Claim: The average market price in Fredericton sits at $288,300 as of May, 2024. Analysis: When a user views these figures, it is a safe assumption that when a price is displayed, the user is inclined to believe that “Market Price (CAD)” is the average house price in Fredericton. This is further reinforced if the user reads the description above the figures which states: “Use our home price trends to better gauge local market conditions and plan your next move. The graphs below show benchmark or average prices of homes sold in the area. Data generated by MLS® Systems and the MLS® Home Price Index (HPI) — Canada’s most advanced tool to gauge local home price levels and trends.” This small paragraph specifically states, “The graphs below show benchmark or average prices of homes sold in the area.” Based off the graphs and their statement, we can safely interpret that Realtor.ca is explicitly saying that the average home price in Fredericton, NB, currently sits at $288,300; leaving no room for interpretation on how the data can be viewed. The reason I wanted to be explicitly clear on this thought process is that if you look back at the results section of this paper (Table 1) and see that the calculated average of all house listings was $543,878, it represents an 88.65% difference. A couple assumptions that could explain this difference are:
Since there is such a large discrepancy in my calculated average and the average from Realtor.ca, I expanded my analysis to other categories. I combined my residential house data set with the other five property types to see if it would alter our initial average and how close it would come to the calculated Realtor.ca average (Table 2). Realtor.ca claims the average house price in Fredericton was $288,300, which seems to be closest to my calculated average for the combination of house and land listings. With the addition of these combinations, it suggests that Realtor.ca calculates average housing price using houses and land listings. Realtor.ca MLS’s claim of the average house price in Fredericton, NB being $288,300 is a misrepresentation of the true market value and conditions. If a company were to calculate averages of an entire real estate market within an area, why would they only include house and land and not the other 4 categories? **Misleading Representations by Realtor.ca** The conclusions made from my analysis were made with plenty of explanations and assumptions. Given that the MLS system is a pay gated system, and their patented house price index algorithms are private, I feel it is reasonable to assume that my data is closer to true market prices. This leads us to the next question, if my data isn’t correct, why are the figures, calculations, and methodology misleading users on market conditions? The average user is not going to spend a significant amount of time manually collecting data and putting it into Excel to double check Realtor.ca. The company is the largest multiple listing system used in New Brunswick and holding that status comes with some form of implicit trust that the public holds for information it publishes. In this section, I will lay out sections and guidelines from the Competition Act and why I believe that Realtor.ca is violating the Act. **Competition Act** For the below, I will be using the most updated version of the Competition Act R.S.C., 1985, c. C-34, last amended on December 15, 2023 (https://laws.justice.gc.ca/eng/acts/C-34/page-1.html) and the “Application of the Competition Act to Representations on the Internet” published by Competition Bureau Canada (https://publications.gc.ca/collections/collection\_2010/ic/Iu54-1-2009-eng.pdf) *Section 2.2, Paragraph 4 of the Application of the Competition Act to Representations on the Internet* “Businesses should not assume that consumers read an entire Web site, just as they do not read every word on a printed page. Accordingly, information required to be communicated to consumers to ensure that a representation does not create a false or misleading impression should be presented in such a fashion as to make it noticeable and likely to be read.” Explanation: Section 2.2 applies to the average house price and accompanying figures (Figure 2). Realtor.ca shows the average house price in text and graph form but does not disclose that these are house and land price average if my calculations are accurate. *Section 4.1, Paragraph 1 of the Application of the Competition Act to Representations on the Internet* “If qualifying information is necessary to prevent a representation from being false or misleading when read on its own, businesses should present that information clearly and conspicuously. Businesses frequently use disclaimers, often signalled by an asterisk, to qualify the general impression of their principal representation when promoting their products or services. As mentioned earlier, the general impression conveyed by the representation, as well as its literal meaning, are taken into account in determining whether a representation is false or misleading.” Explanation: Section 4.1 applies to Realtor.ca house price indices and other methodologies. A disclaimer in this case would be located within the same small paragraph above the figures. Instead, they use their own house price index to obfuscate their methodologies (Figure 2). Another option they give is below the graphs as “Ask a realtor for more detailed information” which creates an additional barrier to the users right under the Competition Act. Specifically, the “to qualify the general impression of their principal representation when promoting their products or services.” The “ask a realtor” hyperlink brings you to an additional page where you can find their realtors in your area. This is incentivizing the user to use their services over others to access more information. Realtor.ca has a majority market share in New Brunswick which further reinforces their monopolistic practices over real estate that hurts consumers. *Section 4.1.3, Paragraph 1 of the Application of the Competition Act to Representations on the Internet* “Businesses may effectively draw attention to a disclaimer so that it is more likely to be read by using attention-grabbing tools to display the disclaimer. In doing so, businesses must be careful not to design attention-grabbing tools in other parts of the advertisement in such a way that they distract the consumer’s attention away from the disclaimer, making it unlikely that the consumer will notice the disclaimer or recognize its importance.” Explanation: Section 4.1.3 is further evidence of obfuscation and misrepresentation of their graphical aids and calculations. Similar to section 2.2 in the Application of the Competition Act to Representations on the Internet, Realtor.ca placed those figures at the bottom of the first page of listings to draw the user’s attention to their interpretation of data. *Section 52 (1) of the Competition Act: False or misleading representations* “No person shall, for the purpose of promoting, directly or indirectly, the supply or use of a product or for the purpose of promoting, directly or indirectly, any business interest, by any means whatever, knowingly or recklessly make a representation to the public that is false or misleading in a material respect.” Explanation: Section 52 (1) is the main argument for this report. I believe that Realtor.ca knowingly or recklessly misrepresented the average house price in Fredericton using deceptive graphical aids and created a home price index to further obfuscate the methodology. I am not a lawyer, so I could be misinterpreting the sections of the Competition Act. I believe Realtor.ca has reached the threshold of violating the Competition Act since Section 52.1.1 states: “For greater certainty, in establishing that subsection (1) was contravened, it is not necessary to prove that (a) any person was deceived or misled; (b) any member of the public to whom the representation was made was within Canada; or (c) the representation was made in a place to which the public had access.” This amendment to the Competition Act removed the threshold of proving that an individual or the public were deceived or misled. I believe that Realtor.ca has violated all three elements of section 52.1.1 ensuring that they have met the threshold of violating section 52.1 of the Competition Act. **Conclusion** I have given numerous caveats to my analysis, so it is possible I have come to the wrong conclusions given the lack of transparency in methodology and limited time frame. One thing I can conclude with certainty, is that Realtor.ca is misrepresenting market conditions through their figures displaying average house prices, pay gates to information, and methodology disclosures guised as a patented as a housing price index. I believe that Realtor.ca should make it clear to the user how their housing price index is calculated. Realtor.ca and the MLS system has succeeded in market capture and fights to keep this information pay gated to only people that benefit from these misleading claims. Regardless of their reasons, these monopolistic practices only benefit anyone under their system through the restriction of information to shape the way the public perceives the market conditions, a clear violation of the Competition Act and a disservice to the public. There was a lot more I wanted to cover like if Statistics Canada (u/StatCanada) sourced their data from the MLS system and the broader implications of sourcing data that could be misrepresentation. Again, I could be wrong and would welcome any additional relevant information. https://preview.redd.it/rnsd41ym6l0d1.png?width=1681&format=png&auto=webp&s=51589de251bac87748c5ee7e9f0c24a2408fc4a0 https://preview.redd.it/apw3q2ym6l0d1.png?width=3816&format=png&auto=webp&s=3d0ce2c2c103032e343793ae147411338d107375 https://preview.redd.it/bi9hg2ym6l0d1.png?width=4166&format=png&auto=webp&s=911c5cfd60b58f658e0048552760efc2ec785561 https://preview.redd.it/ki25gaym6l0d1.png?width=3262&format=png&auto=webp&s=3dd741f4fead9c6782e24c8193062135238209d5 |
2024.05.15 14:41 Most_Lab3825 Simplify Tutorial Creation with Wizardshot - AI-Powered and Free!
2024.05.15 14:41 BlogMower Should I Buy an iPad Pro M4 or a MacBook Air M3 16GB? Lawyer Seeking Advice
2024.05.15 14:38 BlogMower Should I Buy an iPad Pro M4 or a MacBook Air M3 16GB? Lawyer Seeking Advice
2024.05.15 14:15 leqi_ai_0509 The Digitization Revolution of Text: An In-Depth Analysis of OCR Technology
https://preview.redd.it/p01fk3zl0l0d1.png?width=474&format=png&auto=webp&s=757a78d3ed1e39084cec72b36cb41d45af6acf1e submitted by leqi_ai_0509 to u/leqi_ai_0509 [link] [comments] In the digital age, we increasingly depend on electronic documents for both work and personal tasks. Yet, converting paper documents to digital formats remains a significant hurdle. Thanks to Optical Character Recognition (OCR) technology, this challenge is now easier to manage. OCR allows us to transform text from scanned documents into editable, searchable formats with remarkable ease. This technology is integral in various settings, from libraries and archives where it helps digitize volumes of books and records, to offices where it simplifies the management of contracts and reports by converting them into digital versions for easy editing, sharing, and storage. Today, we're highlighting pdftopdf.ai, a platform leveraging advanced OCR technology to offer not just text recognition but also document compression and the creation of editable PDFs. Let's explore how pdftopdf.ai uses OCR to enhance our efficiency and simplify our document handling processes, making digital transformation accessible to everyone. https://preview.redd.it/hjrc06pk0l0d1.png?width=1904&format=png&auto=webp&s=ce8097bf23d3b17783f56c2b2e0c46ccf3a45ffc Definition of OCR technologyOCR is a pivotal technology in the digital era, defined by its ability to transform printed text into machine-encoded text through scanning. The essence of OCR lies in capturing images of text from paper documents using optical input devices, such as scanners.It then employs sophisticated image processing technologies and pattern recognition algorithms to decipher these text images, converting them into formats that can be processed, edited, and searched by computers. The advent of OCR technology has significantly accelerated the document digitization process. Before OCR, the transcription of paper documents was manual, time-consuming, and error-prone. OCR technology automates this conversion, vastly enhancing both efficiency and accuracy in handling data. This advancement allows for quicker access to information and more reliable data management, marking a substantial step forward in the digital transformation journey. Technical principlesThe core principle of OCR technology involves converting text from paper documents into digitally processable text using complex algorithms and systematic steps. Here’s a breakdown of this transformative process:
Application Areas of TechnologyOCR technology, known for its speed, accuracy, and user-friendliness, has profoundly impacted the digital transformation across various sectors. Here are some practical applications of OCR in different industries:
OCR technology has become integral to various sectors, enhancing efficiency and convenience across work automation, government services, and transportation logistics. For instance, in work automation, OCR helps swiftly extract crucial data from documents like contracts and invoices, streamlining information processing. In government services, it expedites form and document handling, boosting public service responsiveness. Meanwhile, in transportation and logistics, OCR facilitates quick identification of cargo labels, transport documents, and license plates, enhancing the flow and traceability of goods. Overall, the widespread applications of OCR technology significantly benefit multiple industries. Future development trendsAs technology continually advances and its applications broaden, Optical Character Recognition (OCR) technology is also evolving. Below are some forecasts for its future development:
ConclusionAs an outstanding representative of OCR technology, pdftopdf.ai provides users with efficient and accurate PDF-to-text solutions with its advanced OCR technology and convenient operation experience. Its one-click conversion function allows users to easily convert paper documents or PDF files into editable and searchable text formats. Whether it is processing work documents, learning materials or daily reading, it can bring great convenience to users.Experience it now and easily convert PDF to text!Simply scan the QR code or click the link below to use the pdftopdf.ai and enjoy the convenient PDF to text service. Now, you can enjoy 100 pages of PDF Pro processing for free by simply ~clicking here~ and filling in the invitation code! Invitation Code: lw6#HX Want to communicate further or get help? Email address: [pdftopdf@leqi.ai](mailto:pdftopdf@leqi.ai) We welcome your email inquiries and feedback at any time! Please contact us at the following email address, and we will reply to your email as soon as possible to provide you with the information or support you need. Looking forward to your letter, let's work together to create a better PDF processing experience! |
2024.05.15 13:44 YourDivine0594 Spirit Baby Book
2024.05.15 13:22 kwhahn We need to up our game
Dear community, submitted by kwhahn to cardano [link] [comments] I just read the very interesting Edelman Trust Barometer 2023. It highlights very well, in my opinion, what crypto needs to improve on. Cardano is not exempt from that. Cardano has arguably one of the best tech foundations for a decentralized system, yet that is not the reason why it will be adopted. People will only use something if enough trust is built. When money is involved, that need for trust becomes even more significant. Crypto competes against the centralized financial system, which has very low trust scores. Unfortunately, crypto has even lower scores (Page 35 of the study). The study discusses "Building and Reinforcing Trust in Financial Services" on page 30, and I think it pries open the wounds of Cardano and crypto in general. Page 30 of the study We all need to up our game in communicating and building trust. The current level of communication is so technical and nerdy that it will only attract people in the early adopters. We need to make it easier to understand why Cardano offers the best solutions to solve needs without mentioning eUTXO, Mithrill, input endorsers, and other jargon. Using difficult and complex language doesn't build trust. The other points further show the current problems of the distribution channels, their frequency, and tapping into existing trust. With the Chang hard fork coming very soon, Cardano is laying the foundation for "technical trust", but it must be felt emotionally. If the community doesn't work on that Cardano and Crypto in general will not have a successful shot of bringing in new people and doing a better job than the centralized financial system. In short we need to up our game in the way how and where we communicate. |
2024.05.15 13:21 thecre8iveskill How to Turn Raster into Vector: A Step-by-Step Guide?
2024.05.15 13:19 techlover1010 Question about converting to pdf
2024.05.15 13:06 Emcf Building Multimodal Apps With GPT-4O
from thepipe_api import thepipe # Extract multimodal content from a PDF pdf = thepipe.extract("path/to/paper.pdf") # Extract multimodal content from a YouTube video vid = thepipe.extract("https://youtu.be/dQw4w9WgXcQ")
# Add a user query query = [{ "role": "user", "content": "Which figures from the paper would help answer the question at the end of the talk video?" }] # Combine the content to create the input prompt for GPT-4o messages = pdf + vid + query
from openai import OpenAI # Initialize the OpenAI client openai_client = OpenAI() # Send the input to GPT-4o response = openai_client.chat.completions.create( model="gpt-4o", messages=messages, ) # Print the response print(response.choices[0].message.content)
2024.05.15 13:02 techlover1010 Need advice on how to do this
2024.05.15 12:31 clondon Lesson 20: Assignment
2024.05.15 12:23 rusticgorilla Republicans reject abortion exceptions for child rape victims, create abortion registries, and ban possession of abortion medication
“Neither is a drug of abuse or dependence, and that is what the controlled drug schedule is for,” said [emergency room Dr. Jennifer] Avegno of the abortion drugs. “It makes no scientific or medical sense to put these drugs in the same category as Xanax or Valium.”A week later, Republicans on the House Criminal Justice Committee voted 7-4 to reject a bill to add rape and incest exceptions to the state’s total abortion ban. House Bill 164, written by Democratic Rep. Delisha Boyd, would have allowed girls younger than 17 to have abortions if they became pregnant as the result of sexual assault.
Mifepristone is a drug that blocks a hormone called progesterone, which is necessary for a pregnancy to continue. Misoprostol causes uterine contractions, causing the body to expel the pregnancy tissue. Mifepristone is also used to treat Cushing’s disease, a hormonal disorder. Misoprostol is also used to induce labor, manage a miscarriage and in the treatment of ulcers. Neither are addictive. “People do not go around taking them and getting dependent and having bad outcomes because of it,” said Avegno. “It’s like saying your blood pressure medicine or insulin is a drug of abuse.”
“That baby [in the womb] is innocent … We have to hang on to that,” said committee member Rep. Dodie Horton, R-Haughton, who voted against the bill. Rep. Lauren Ventrella, R-Greenwell Spring, also voted against the legislation, saying the proposed law would be difficult to enforce. Teenagers who had consensual sex might feign rape or incest in order to get access to abortion services, she suggested…The Committee also killed three other bills: HB 56, to allow abortions in cases of spontaneous miscarriage or nonviable pregnancy; HB 63, to clarify that the removal of an ectopic pregnancy is not an abortion under state law; HB 293, to add protection for physicians who do not intend to induce abortion by prescribing certain medications.
Dr. Neelima Sukhavasi, a Baton Rouge doctor specializing in obstetrics and gynecology, also implored the lawmakers to approve Boyd’s proposal. She and her colleagues have delivered babies for pregnant teenagers, including mothers as young as 13, since Louisiana’s abortion ban went into effect two years ago. These young pregnant people can experience health complications that affect them for the rest of their lives, Sukhavasi said, and sometimes don’t have the mental capacity to handle the births. “One of these teenagers delivered a baby while clutching a teddy bear,” she told the committee.
“Fathers of aborted fetuses can sue for wrongful death in states with abortion bans, even if the abortion occurs out-of-state,” he wrote. “They can sue anyone who paid for the abortion, anyone who aided or abetted the travel, and anyone involved in the manufacture or distribution of abortion drugs.”Mitchell also represents a different man who pursued a similar claim last year: Marcus Silva engaged Mitchell to sue the friends of his estranged wife for allegedly helping her obtain abortion pills. Evidence later revealed that Silva knew about the plans beforehand and did not intervene, likely intending to use the threat of legal action as a way of forcing his partner to halt divorce proceedings.
Molly Duane, a senior staff attorney with the Center for Reproductive Rights, described Mitchell’s statement and general approach as misleading “fearmongering.”
“People need to understand that it is not a crime to leave Texas or any other state in the country for an abortion,” said Duane, who is working with lawyers from the firm Arnold & Porter to represent the woman and others targeted in the Davis case. “I don’t want people to be intimidated, but they should be outraged and alarmed.” Duane described the woman’s relationship with Davis as “toxic and harmful.”
Monday’s counterclaim illustrates, in painstaking detail, exactly how Silva—aided by Mitchell—allegedly deployed this tactic. It was only after Brittni’s abortion was complete that Silva revealed he knew about the plan and, according to the lawsuit, threatened to turn her in if she didn’t submit to his continued abuse. He even showed the police photographs of messages discussing the possibility of an abortion. “Once I finally got home with the girls he had been drinking and he told me that he knew,” Brittni texted one friend. “He’s using it against me.” In another message, she wrote, “Now he’s saying if I don’t give him my ‘mind body and soul’ until the end of the divorce, which he’s going to drag out, he’s going to make sure I go to jail for doing it.” […]
The counterclaim points out another flaw in his argument: Silva himself “is responsible for the alleged injury for which he seeks to recover.” He “knew that Brittni planned to terminate her alleged pregnancy and acquiesced in accepting Brittni’s actions,” so “it would be unconscionable to permit him to benefit by changing his position now.” His claims, in short, are barred “by unclean hands,” because he effectively entrapped his estranged wife—covertly discovering her plan to terminate the pregnancy, then allowing her to go through with it for the express purpose of blackmailing her into staying with him.
Brief of Hoosier Jews for Choice (and other plaintiffs): As indicated by the declarations of numerous rabbis, Judaism teaches that a fetus becomes a living person only at birth, and prior to that is considered part of the woman’s body, without independent rights. Abortion should occur and is mandated to end a pregnancy that may cause serious consequences to a woman’s mental or physical heath. Judaism also recognizes that physical health risks are not limited to those likely to cause substantial and irreversible impairment of a major bodily function. Judaism stresses the necessity of protecting the physical and mental health of the woman—a life—over the potential for life present in a zygote, embryo, or fetus. Therefore, restrictions that prevent a woman from obtaining an abortion where compelled by Jewish law, which mandates that the woman act to protect her physical or mental health, impose a substantial burden on that person’s religious exercise.Under Indiana’s Religious Freedom Restoration Act (RFRA), “a governmental entity may not substantially burden a personʹs exercise of religion,” defined to include “any exercise of religion, whether or not compelled by, or central to, a system of religious belief.” This means that arguments about whether plaintiffs are strictly observant are irrelevant; the law protects sincerely held religious views regardless of whether that view is idiosyncratic or unorthodox. However, even a law that imposes a substantial burden on the exercise of religion can be enforced if it is “the least restrictive means of furthering [a] compelling governmental interest” (the strict scrutiny test).
In lower courts, the State’s compelling interest is not up for debate. In Cheaney v. State, the Indiana Supreme Court held that the State’s interest in protecting unborn children is “valid and compelling” from “the moment of conception.” …A basic understanding of biology supports these holdings. “That human fetuses are human beings is a scientific fact, not a theological claim.” Regardless whether an individual person believes this, “the scientific consensus” is that “[d]evelopment begins at fertilization,” after which the newly created “unicellular zygote divides many times and becomes progressively transformed into a multicellular human being through cell division, migration, growth, and differentiation.” …. Science thus tells us that “[t]he act of performing an induced abortion during any stage of pregnancy, from fertilization up to birth, ends the life of an innocent human being.” The State’s interest in protecting unborn fetal life at any stage from intentional destruction accordingly is nothing less than “compelling.”A panel of the Indiana Court of Appeals—made up of a Republican appointee and two Democratic appointees—unanimously ruled against the state, upholding a lower court’s injunction against the abortion ban as it applies to the plaintiffs. In the process, the court laid out a path for religious freedom challenges to abortion bans in other states and at the federal level.
The trial court found that absent a preliminary injunction, Plaintiffs would be irreparably harmed by the loss of their religious freedoms guaranteed by RFRA. A loss of First Amendment freedoms, which include the right to free exercise of religion, “for even minimal periods of time, unquestionably constitutes irreparable injury.”... Without a preliminary injunction, Plaintiffs will suffer the loss of their right to exercise their sincere religious beliefs by obtaining an abortion when directed by their religion and prohibited by the Abortion Law. They also have shown their sexual and reproductive lives will continue to be restricted absent the injunction and as a result of the Abortion Law.
2024.05.15 12:10 SapiensX2 An old professor used his flash drive on my pc and now I’m anxious my pc might have a virus
2024.05.15 09:34 tr99house123 How to protect printable PDF files
2024.05.15 09:26 HeadyHopper Spouse did not disclose significant financial advantages in Fin. Affidavit and Mediation