cdymek's Blog!

So, yesterday would live up to the definition of a bad day. First, most of my workday was spent in frustration trying to make a new development model actually function as expected. Then, Continental devalued their Frequent Flyer program for next year by having the mileage awarded for discount economy fares, essentially doubling the amount of flying necessary to reach each elite tier. So, all the flying I’ve done to hit the top tier status this year is a wash for next year, except for potentially receiving complimentary status on the airline I switch to.

Then, on the way home, I was rear-ended on Route 22, only confirming my fears that yes, indeed, this road will be the death of me. Even more unfortunate was the fact that I was propelled by the car behind me in to the car in front of me. So, as if November wasn’t bad enough, now this. The rear of my car visually isn’t in terrible shape, but the front passenger side headlight, hood, and left body panel all likely need to be replaced. Plus there was some additional fluid leaking.

To cap off the day, Bryan sent me an IM informing me that my web site was hacked. My apologies for anyone trying to access the site. This has been corrected now, and my hosting provider informs me they have since patched their servers.

A Federal Appeals Court has granted a preliminary injunction to delay the October recall election in California.

The first factor in a preliminary injunction analysis is the probability that the plaintiff will succeed on the merits. Under the continuum analysis of Clear Channel, the greater the demonstrated harm, the lesser the requirement of probability of success. Here, the district court assumed irreparable harm, and we agree with its assumption. As the district court properly observed, Plaintiffs will have no remedy for their claims following the election. The district court concluded that the Plaintiffs had no likelihood of success on the merits of their claims as a matter of substance, and further concluded that the claims were likely barred by the doctrines of res judicata and laches. We respectfully disagree and conclude that the district court erred in its legal analysis.

We conclude that the Plaintiffs have satisfied the requirement of establishing a sufficient probability of success on their federal constitutional claims on the merits. As we recently noted, “[v]oting is a fundamental right subject to equal protection guarantees under the Fourteenth Amendment.” Idaho Coalition United for Bears v. Cenarussa, __ F.3d ___, 2003 WL 22072191 at *2, No. 02-35030 (9th Cir. Sept. 8, 2003) (citing Reynolds, 377 U.S. at 561-62). Additionally, “[t]he ballot initiative, like the election of public officials, is a ‘basic instrument of democratic government,’ and is therefore subject to equal protection guarantees.” Id. (quoting Cuyahoga Falls v. Buckeye Comm. Hope Found., __ U.S. __, 123 S.
Ct. 1389, 1395 (2003)) (citations omitted).

In this case, Plaintiffs’ Equal Protection Clause claim mirrors the one recently analyzed by the Supreme Court in Bush v. Gore, 531 U.S. 98 (2000). As the Supreme Court held in that case: “Having once granted the right to vote on equal terms, the State may not, by later arbitrary and disparate treatment, value one person’s vote over that of another.” Id. at 104-05 (citing Harper v. Virginia Bd. of Elections, 383 U.S. 663, 665 (1966)). This holding was consistent with a long line of Supreme Court precedent holding that the right to vote includes the right to have one’s vote counted.

Hurricane Isabel is apporaching the East Coast and could make landfall somewhere along the Mid-Altantic coastline. I’m watching in anticipation, given the saturation of the ground from all the regular rainfall we’ve received and that in 1999, Floyd caused flooding that filled the basement of the house I’m living in and hit my neighborhood pretty hard. While I lament the destruction of property, I’m always enthralled by natural disasters, especially when I’m experiencing them up close.

In other news, Cheney lied to the media again, rehasing old, discredited arguments for the war against Iraq. The WaPo takes him to task on several points, such as the Atta-Iraq connection, stating

An FBI investigation concluded that Atta was apparently in Florida at the time of the alleged meeting, and the CIA has always doubted it took place. Czech authorities, who first mentioned the alleged meeting in October 2001 to U.S. officials, have since said they no longer are certain the individual in the video of the supposed meeting was Atta. Meanwhile, in July, the U.S. military captured the Iraqi intelligence officer who was supposed to have met Atta and has not obtained confirmation from him.

Then we have the familiar line about the mobile weapons labs. Unfortunately, there is once again evidence to the contrary.

The CIA report on the trucks said their “most likely use” was for biological weapons, though other scientists who have studied them in Baghdad, including the late British scientist David Kelly, doubted that finding.

And there’s a myriad of other allegations and exchanges, such as this one…

Cheney also spoke of a “a gentleman” who had come forward “with full designs for a process centrifuge system to enrich uranium and the key parts that you need to build such a system.” The man, Iraqi scientist Mahdi Obeidi, had denied that the nuclear program had been reconstituted after 1991.

…that are simply contrary to what is known. All in all, I’d say Cheney is either senile as old age sets in or he’s simply not reading the memos. Believing something to be true, unfortunately for him, doesn’t make it true, no matter how hard you try.

The Department of Energy released the results of their initial investigation in to the blackout. The report provides a timeline of events affecting the major transmission lines of the power grid from about noon until the actual blackout occurred.

What I found most interesting is two events that were natural causes that, if implicated as playing a large role in either the cause of the blackout, or at least in widening the scope, would highlight the fragility of the system. At 2:02 PM, a 345 kV transmission line in southwestern Ohio disconnted because of a brush fire. At 3:23 PM, another 345 kV transmission line between northern and eastern Ohio (one of three that disconnected during this time frame) disconnected due to contact with a tree. Did these two lines have any role? I don’t know, but I would like to see the conclusions of the report to find out.

BMG announced they’re releasing CDs in the United States for the first time with the “next-generation” copy protection. If this is anything like the irritating copy protection on my Ayumi Hamasaki CDs, where I can’t copy them to my iPod, I’ll pass.

An EFF attorney argues that network administrators should configure their networks so as not to be able to identified who aspecific individual was using an IP address on the network. This would prevent the universities from being able to turn over infringers to the RIAA when the RIAA “comes a-knockin'”.

There is a legitamate concern about following such advice, however. The one that stands out in my mind is that of being able to identified those users who engaged in some other destructive activity, such as releasing a virus or peforming some form of illegal hacking. Without the type of logging this attorney is arguing against, it would be far more difficult to identify who exactly was responsible. I have also heard, though I am unsure if it is true, that at least partial liability could rest with the provider, especially in a case like this, which could open the door to civil actions.

In truth, I have a difficult time understanding why someone would leave their network open, especially of the wireless category. It strikes me as far too easy for a person piggybacking off your access for a few minutes could easily pass along or perform some action and leave you holding the bag, while you have no idea who did it or when. While is why I was so amused in Narita airport when I saw the free Wireless Internet offer for those who don’t have their own PCs. It would be far too easy for someone to land, hop on a laptop, perform some action, and hop on to their next flight. There’s no request for logging in, the laptops are merely sitting there waiting to be used. Restricted, in some ways, of course, but I’m sure that wouldn’t stop someone really dedicated. Go figure.

Finally, I’ve heard a fair amount of outrage over the RIAA’s campaign to sue children and grandparents over copyright infringement. If you want to make a difference, though, you need to hit them where it hurts: in the pocket. That’s why, if you’re angry over the lawsuits, your best bet is to boycott these labels. Buy used music, or don’t buy any at all.

There was one item I forgot to add in my Hong Kong posting yesterday. People have asked about SARS-related measures that I may have encountered. As it turns out, at border crossings, such as aiport immigration and the immigration lines at the ferry terminals in Hong Kong and Macau, as well as other public places such as museums, there were thermal imaging devices in place as well as someone watching to perform additional fever checks. You often had to stop upon attempting to gain entrance to stand in a spot while they scan you to verify that you don’t have a fever. Whether effective or not, it does provide a sense of relief that the authorities are at least on the look-out.

I’ve heard this echoed elsewhere, and I’ll echo it here too. I was reading a WaPo article on the recall, and nowhere did they mention the polling on the first question, namely whether to recall Gray Davis. Instead they already appear to have made the assumption that yes, of course, Gray Davis will be recalled.

The nonpartisan California Field Poll showed Bustamante with 30 percent, Schwarzenegger with 25 percent and McClintock with 13 percent. With McClintock out, the poll had Schwarzenegger narrowly leading Bustamante, 33 percent to 31 percent, a statistical dead heat.

In the end, Typhoon Dujuan turned out to be a non-event. Sure, there was some rain, and some wind, but from my vantage point the most exciting occurrence was the placement of a number of stranded passengers at my hotel, as flights in and out of Hong Kong were cancelled. On the other hand, a hearty group of revelers that I read about in the South China Morning Post had a great time down at the harbor watching the winds kick up and the waves come crashing against the docks. In retrospect, I should have headed down there to, but since I wasn’t all that sure what to expect, and knowing no one in Hong Kong should I have encountered some serious trouble, I wasn’t up to taking the chance. Besides, to be honest, I was tired, and it made for a great excuse to get some shut eye.

Wednesday dawned cloudy but cleared up by the time I made it out and about. I took off for Stanley, on the opposite site of Hong Kong Island from the city itself, via the No 6 bus that headed over the island. This was quite a pleasant if swooning ride, with beautiful views both of the city on the way up and the various bays and inlets on the way down. At more than one point I was tempted to disembark just to take some photos, but I surpressed the urge in the hopes of having fun in Stanley.

The town around the market areas was relatively quiet and relaxing, with a nice bay walk. I also spent some time Wandering leisurely through the inexpensive merchandise (where I picked up two new ‘paintings’), tooks dozens of photos, and ate lunch at Wildfire on the third floor of the Murray House. The Murray House itself has a fascinating history, as it was the oldest colonial building in Hong Kong city, and was disassembled in 1982 to make way for the Bank of China. It was then rebuilt in the 1990s, after being discovered in storage, in Stanley, where it now houses several restuarants. Oddly enough, the restuarant I ate at spoke far more English than Cantonese.

The third floor breeze was fantastic, and I lingered until mid-afternoon. I left shortly after leaving the restaurant, wanting to ensure I returned to the city in time to stop by my hotel to drop off my backpack prior to the Cantonese Opera at 7:30. The Opera itself turned out to be one of the most fascinating cultural events I’ve been to, on par with the Cherry Blossom display I saw in Kyoto at Gion Corner. It also contained far more acrobatics than I expected as well as music that was primarily a cacophony of clanging noises. To my surprise, it also contained a for of electronic subtitles, enabling those of us speaking English to follow along, for the most part. When the scenes picked up speed, particularly at the end of the second story, the subtitles were sadly lacking. Still I was completely drawn in to the story by that point and enjoyed every moment.

Thursday I decided to head to Macau, once a colony of Portugal. The province is about an hour away from Hong Kong, with vessels sailing every half hour during the day. The trip itself was quiet and uneventful, and the seats on the ship I took were extremely comfortable. I was told by two Aussies on the return that their ship over was not nearly as smooth or comfortable a ride.

Leaving the ferry terminal in Macau, I was dumped in front of an area with several men around to accost me for cheap transportation and “tours” around the city. After putting off several of them I was able to find the bus terminal and catch a bus that headed near the Casino Lisboa. Unfortunately, this wasn’t as wonderful as it sounds, since the bus didn’t clearly announce the stops and had a tendancy to skip some. I was actually quiet nervous, having never been to the city and having no idea where in the world I was. I finally got off, after what seemed like awhile, at a stop in the middle of nowhere in a place that, as it turns out, was only about a block and a half away from my intended destination. This, of course, I realized only after I got on another bus and watched it drive the block and a half or so.

From there I was able to get my bearings and head toward the Monte Fort, the fort at the top of one of the tallest points in the city. Along the way I encountered a lovely pedestrian area with buildings still built in the original architectural style from when the Portugeuse first settled in the area. The area was now filled with shops and other modern amenities as well as plenty of pedestrian traffic. I finally came to an intersection in the road, where I decided to head up toward the for. Granted, the other way would have led to the ruins of the Church of St. Paul, a front facade to what at one time must have been an impressive structure. It was originally built by the Jesuits, though they lost control when expelled. It was later used as a military installation, until it burned down in 1835. Off to the side are the climate-controlled escalators leading to the top of the fort as well as the Macau museum.

Me being me, I didn’t find this out until after I was leaving. Instead, I took the long walk up the other face throught he noonday heat and humidity to the top of the fort. This was a long walk through some back alleys and did provide an excellent sense of the more typical housing areas that are “off the beaten path” so to speak. The fort itself provided some impressive views of the surrounding area, and the museum provided an excellent background to Macau’s history.

I returned to Hong Kong for the early evening and ended up later at the Night Market on Temple Street. Bustling with activity, dozens of tourists and locals interact in a night market each day from about 6 pm until late at night, with clothes, CDs, movies, and many, many trinkets and jewlrey items all for sale at “bargain” prices. Literally, you have to bargain to get the best price, which was a concept that was relatively new for me. Sure, I’ve been to flea markets and other markets in Asia, but I’ve generally not bought anything there, so going back and forth with a calculator was definitely a whole new experience. I did pick up a few things here, including a nice bead bracelet for my sister that she very much appreciated.

Friday I took off for the new territories, particularly Sha Tin. Sha Tin boasts an incredible shopping space, all accessible immediately adjacent to the train station without actually going outdoors. The space is huge, with passageways connecting to additional buildings filled with…more shopping. Walking back through here when I was heading to the 10,000 Buddhas Monestary was simply unbelievable. It was essentially a mall to rival any mall I’ve been to.

Outside, behind the town hall building, is the Marriage Registry, which opens to the park area next to the river. Here I paused for awhile, in part to take advantage of the photogenic nature of the park and also to allow my camera to de-fog. While I waited several brides and grooms, with their associated parties, left the registry and, in a celebratory mode, took photographics with their friends and family. It was wholly worth the half hour to hour I spent watching the five to ten groups that passed through. There were also a number of groups out, practicing breathing and martial arts exercises, including one large group doing sword forms in the covered pavillion.

Eventually, not wanting to spend my entire last day here, I did head off to the Hong Kong Heritage Museum. If you visit only one museum in Hong Kong (and I did visit only one), this is the one. It boasts an impressive set of galleries with several changing exhibits. The one that caught my eye was the “More Than Just Food – Ceramic Art Exhibition”. I was very amused by one display, of a giant chicken-theme setting for National Day. On the menu, Shredded Chicken in State Secret Sauce. I suppose you had to be there.

Before leaving Sha Tin (the second time), I did climb the many hundreds of stairs to the top of the 10 Thousand Buddhas Monestary. The monestary is the home of over 12,000 Buddha statutes, built on a hill overlooking the city. Despite the climb, the monestary was quite busy, with another tourist and even a family making it to the top.

Before heading back to Kowloon, to take care of packing, eating, and just hanging out for my last night, I took the KCR train up to Lo Wu, the town that shares a border with Shenzhen. Before you even leave the train station, you’re confronted with ominous signs stating that this is a closed area and that only valid people may enter. This was my motivation to catch the next train back to Kowloon, despite the fact that, if I had wanted to, I could have picked up a valid visa and actually entered Shenzhen. It being early evening, though, I decided to head back.

All in all, the trip was fascinating, and I had a wonderful time. I would be quite thrilled to visit Hong Kong again, and very much look forward to another trip there in the future. In fact, of the three major Asian cities I’ve visited (Tokyo, Singapore, and Hong Kong), I prefer Hong Kong the most. Granted, I did have some food trouble, but that’s simply the way it goes on these trips. I can only imagine what my next adventure will bring.

According to Reuters, Nabil Abu Rdainah, a senior aide to Arafat, said Shalom’s “threat…will harm efforts to revive peace.” Truthfully, I have in general little sympathy for either side, and I believe both sides are generally unwilling to take responsibility for their own actions and the consequences that they bring (i.e. settlements and movement restrictions on Palestinians, sucidie bombings, rock-throwing, and other attacks on Israelis by Palestinians). Yet I have to admit that Abbas actually appears as though he was a leader who “got it” and who had the potential, from the Palestinian side, to bring about a real change. In fact, his resignation at his inability to accomplish anything meaningful due to Arafar only reinforces this perception. Truth be told, if I felt that Israeli expelling him would accomplish any good, I would be all for it. In the meantime, the best anyone could hope for is he is “removed” due to “natural causes.”