Monday, September 21, 2009

SMS Text Messages - Hearsay Evidence

SMS Text Messages - Hearsay Evidence
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C2247 / R v Leonard 2009
YEAR OF CASE: 2009
CITATION: [2009] EWCA Crim 1251
COURT: Court of Appeal
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SUMMARY:
Large quantities of various types of Class A drugs and cash were found in L's bedsit and on his person during a search by police.
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At trial for possession of class A drugs with intent to supply, the prosecution argued that L was a street dealer and those drugs found had been his 'stock pile'. The defence argued that the drugs were for his personal use and that he was not a dealer but he had the large amount that was found because he intended to share them with his girlfriend.
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The prosecution wished to admit two text messages as evidence to support its case. Both were from different people, one to compliment the 'gear', the other to complain about it. The defence argued that the text messages were inadmissible hearsay. The judge rejected the argument and admitted them as evidence of bad character as opposed to hearsay.
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L was convicted and appealed arguing that the judge had been wrong in law.
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Held:
Appeal dismissed. Convictions upheld. The text messages were hearsay evidence and not evidence of bad character. They fell in the scope of section 114 and 115 of the Criminal Justice Act 2003 and had to for the following reasons;
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(i) they had not been made in oral evidence,
(ii) they were statements of fact or opinion within the meaning of section 115(2) of the 2003 Act,
(iii) the reason for the evidence being admitted was to establish the matters stated in the texts to try to prove that L had supplied the drugs to the senders of the texts, and
(iv) each message was designed to make the person in receipt of them believe the matters stated in them as required by section 115(3).
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Once it is established that the texts are hearsay they then fall to be analysed as to whether they meet the statutory requirements regarding admission. The only basis upon which they could be admitted would be under section 114(1)(d); that it was in the interests of justice to do so. To ascertain whether that is the case, regard must then be had to the 9 propositions in section 114(2) and as they fail to meet some or all of those criteria, they may be hearsay, but they are inadmissible hearsay evidence. Despite this there was still a very strong case against L without them and their admission had not tainted the rest of the trial.
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Note:
In this instance the senders of the text messages were never identified. If the authors can be identified then the text messages may become admissible where the authors can be potential witnesses. Thus allowing the evidence to be tested by way of cross-examination with any requisite measures in place, for example special measures under the Youth Justice and Criminal Evidence Act 1999 to alleviate such issues as fear.
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SMS Text Messages - Hearsay Evidence

SMS Text Messages - Hearsay Evidence
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C2247 / R v Leonard 2009
YEAR OF CASE: 2009
CITATION: [2009] EWCA Crim 1251
COURT: Court of Appeal
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SUMMARY:
Large quantities of various types of Class A drugs and cash were found in L's bedsit and on his person during a search by police.
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At trial for possession of class A drugs with intent to supply, the prosecution argued that L was a street dealer and those drugs found had been his 'stock pile'. The defence argued that the drugs were for his personal use and that he was not a dealer but he had the large amount that was found because he intended to share them with his girlfriend.
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The prosecution wished to admit two text messages as evidence to support its case. Both were from different people, one to compliment the 'gear', the other to complain about it. The defence argued that the text messages were inadmissible hearsay. The judge rejected the argument and admitted them as evidence of bad character as opposed to hearsay.
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L was convicted and appealed arguing that the judge had been wrong in law.
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Held:
Appeal dismissed. Convictions upheld. The text messages were hearsay evidence and not evidence of bad character. They fell in the scope of section 114 and 115 of the Criminal Justice Act 2003 and had to for the following reasons;
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(i) they had not been made in oral evidence,
(ii) they were statements of fact or opinion within the meaning of section 115(2) of the 2003 Act,
(iii) the reason for the evidence being admitted was to establish the matters stated in the texts to try to prove that L had supplied the drugs to the senders of the texts, and
(iv) each message was designed to make the person in receipt of them believe the matters stated in them as required by section 115(3).
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Once it is established that the texts are hearsay they then fall to be analysed as to whether they meet the statutory requirements regarding admission. The only basis upon which they could be admitted would be under section 114(1)(d); that it was in the interests of justice to do so. To ascertain whether that is the case, regard must then be had to the 9 propositions in section 114(2) and as they fail to meet some or all of those criteria, they may be hearsay, but they are inadmissible hearsay evidence. Despite this there was still a very strong case against L without them and their admission had not tainted the rest of the trial.
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Note:
In this instance the senders of the text messages were never identified. If the authors can be identified then the text messages may become admissible where the authors can be potential witnesses. Thus allowing the evidence to be tested by way of cross-examination with any requisite measures in place, for example special measures under the Youth Justice and Criminal Evidence Act 1999 to alleviate such issues as fear.
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Mobile Market Stats

Mobile Market Stats

Useful OFCOM mobile market statistics collated from the UK mobile network operators.







Sunday, September 13, 2009

BCCH data uncovered

BCCH data uncovered
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The data found in the elementary file broadcast control channel (EFBCCH) 7F20:6F74 / 7F21:6F74 can provide useful data relating to a geographical radio area when combined with location area information data.

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Method for translating BCCH information data. The question is, is the translation below to find the BCCH frequencies correct and what have I not mentioned below? You will need copies of GSM11.11, GSM03.03, GSM04.08 as well as understanding coding schemes.
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FIGURE 1 What the Standard states:
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FIGURE 2 What that means:
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FIGURE 3 Harvested data from a Orange SIM Card read:
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FIGURE 4 Translating the hex output to binary:
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FIGURE 5 Converting to decimal digits which translates again and corresponds to GSM assigned uplink/downlink frequencies:
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BCCH Frequencies (ARFCN)
761 765 766 774 781 782 786 787 789 790 797 799 801 803 806 813 816 825 828 829 838 846 847 849 869
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FIGURE 6 Corroborating the conversion using another tool:
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More on Cell Site Analysis: http://cellsiteanalysis.blogspot.com

BCCH data uncovered

BCCH data uncovered
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The data found in the elementary file broadcast control channel (EFBCCH) 7F20:6F74 / 7F21:6F74 can provide useful data relating to a geographical radio area when combined with location area information data.

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Method for translating BCCH information data. The question is, is the translation below to find the BCCH frequencies correct and what have I not mentioned below? You will need copies of GSM11.11, GSM03.03, GSM04.08 as well as understanding coding schemes.
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FIGURE 1 What the Standard states:
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FIGURE 2 What that means:
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FIGURE 3 Harvested data from a Orange SIM Card read:
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FIGURE 4 Translating the hex output to binary:
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FIGURE 5 Converting to decimal digits which translates again and corresponds to GSM assigned uplink/downlink frequencies:
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BCCH Frequencies (ARFCN)
761 765 766 774 781 782 786 787 789 790 797 799 801 803 806 813 816 825 828 829 838 846 847 849 869
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FIGURE 6 Corroborating the conversion using another tool:
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More on Cell Site Analysis: http://cellsiteanalysis.blogspot.com

Tuesday, September 08, 2009

Mobile Phone Identity Theft

Mobile Phone Identity Theft
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With a title like that you could be forgiven if you thought that someone had taken your mobile phone, stolen the name off it and just chucked the hardware back at you. Not interested in the phone, only want the name. Oh yes, call me Nokia N70 from now on.
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The latest scare of Mobile Phone ID Theft as reported by Matt Cole Newsbeat Report for BBC online service Newsbeat can be found here:
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Crimes like these create scepticism because the logistics encumbent upon the perpetrators to ensure that the enterprise of this crime succeeds are so long winded, bearing in mind that the mobile phone isn't being stolen, just a filing cabinet of personal information collated from various sources; and for what, so someone can run up a mobile phone bill. A solution to this part of the Identity Theft conundrum is to get a prepaid mobile phone and stick £5.00 on it. Now the matter is no longer ID theft, but call theft - £5 worth.
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As for obtaining the filing cabinet of personal information about you? The only easier way that the perpetrators could speed up that process is if they were getting hold of information obtained from others who are themselves engaged in the business of selling and trading in people's personal details.

Friday, September 04, 2009

Subsidiarity Isn't working

Subsidiarity Isn't working
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Sometimes, something can be said, a word or phrase, that sticks in my mind and eventually I have to go and research it, just to see where it leads.
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Throughout most of the 80s a "fit the need of the moment terminology” was being used by European ministers which had been noted with particular emphasis embracing the word "Subsidiarity".
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Subsidiarity was pulled from EC Drafts in the 1990s having been subjected to rigorous intelligent and intellectual debate, it was suggested it was a liberalising tendency that was difficult to put into practice and found not to work apparently. Subsidiarity doesn’t help people, instead it is used as a control by more localised forces in a rather draconian fashion by distributing power without election, but uses an outward set of images portrayed throw a Kaleidoscope to mask what can go on behind it.
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Today, subsidiarity has been in operation, ticking away, and what might have been with good intention to introduce this 'thing' it appears to have been more corrosive to and eroding of standards, good practises, and good values than it has been of help and can be seen to affect all our lives. So what is this 'thing'?
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We are told that it is a 'principle' quote plucked from the obscurity of Catholic social doctrine where it lurked until Pope Pius XI raised it again. Pius XI defined the word ‘subsidiarity’ in a 1931 encyclical: "Society's decisions should always be taken at the lowest practical level" - it is a "grave evil" for higher authorities to usurp powers which can be exercised by smaller local bodies.
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Pope Pius XI may have delivered a philosophical scripture that could have been perfect for its time and place in 1931, particularly given the changed landscape following occupation in the aftermath of World War I (1914-1918) and maybe attempting to make sense of that change, in addition to being conscious of current World tensions at that time (but Pius XI I do not suggest had clairvoyance to see World War II 1939-1945).
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Why I am writing about this now? Some months back I heard a programme on radio where an MP (for the life of me I cannot think who that was), but anyway, he suggested, along the lines, that subsidiarity isn't working. I knew the word 'subsidiarity' seemed familiar to me but I could not remember in what context. I found the source now that put it in my mind originally and that was The Times July 23 1991.
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In 1991 subsidiarity was still being mooted as useful across the spectrum, not merely as social doctrine but useful in business as well. At that time, also, the Chinese had a 'thing' of its own called the ‘social contract’ (a word bond); a bi-lateral agreement between two business people who sat down and talked openly and honestly as to what they both wanted to get out of doing business together and what each would be prepared to agree to. Once agreed, they shook hands and the contract was formed. No higher authority was needed, no written contract necessary. The Chinese didn't invent this business strategy, but tweaked it to their cultural conditions, which seems perfectly reasonable. The concept of a ‘word bond’ actually comes from the English custom and manner, and was known as 'a gentleman's word is his bond'.
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Subsidiarity in business tries to use concepts like these on the principles on 'when in Rome....' but fails to appreciate that rules apply and people need to play their part if the business is to succeed, or the social doctrine is to work. This is where subsidiary appears to be flawed. Because it introduces the notion that everyone is empowered (from the highest to the lowest) and we now see the rules being made up as they going along, with no litmus test to define the outcome. The employer sets rules, but doesn't really know what the employee is doing, and the employee develops actions out of those rules that may not have been intended by the rule because the monitoring of rules is operated on the principle 'hopefully it will work out alright in the end.'
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Harold Macmillan spoke of the problems of empowerment and who's in charge on television over 35 years ago. He was speaking about changing society and changing Britain. Whether he was hankering after upstairs/downstairs society I don't know, as I only knew about him from what he said when he was alive and from time to time I would see him on television, hear recordings of him on the radio or see his comments in newspapers. Nonetheless, he did express a view on television that appears quite profound in today's context.
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He viewed the evolution of class barriers breaking down, wealth distribution and opportunity for the less privileged, which was a large proportion of the nation at the time, as positive footsteps. He foresaw problems though of power/control elevation rising in society and potential problems with unscrutinised people having unscrutinised power and control. He demonstrated this elevation process by illustrating a 'pyramid', the pinnacle being the top and the base being the foundation, obviously. However, he demonstrated that by increasing the foundation of the pyramid the pinnacle sinks down until it reaches a flatline but then continues descending on until one ends up with an 'inverted pyramid'. No one, or worse, still the wrong elements, ends up in control; mayhem ensues.
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If one could classify the above with historical events, then perhaps the footsteps Macmillan observed could be analogous to knowledge and understanding. In that regard, the 19th-Century Toynbee Hall in the East End of London comes to mind; where the un-educated and poverty stricken men were given education in order to take charge of their lives. Education leading to capability and an ability to generate income and wealth, perhaps Toynbee Hall’s principles sprung from Adam Smith and Bentham-ism, who knows. However, Toynbee Hall was a success, and its education structure I believe was adopted by Hull House in Chicago, itself acted for the chrysalis for the Open University.
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So the footsteps are a positive direction. But the flatlining of the pyramid suggests polarisation and, of course, the pyramid becoming too top heavy, eventually inverts. History remembers such an inverted pyramid event defined by Dr Carroll Quigley in his book Tragedy and Hope: A history of the World in our time. Quigley refers to the diamond and gold mine masters in South Africa, when Cecil Rhodes and Lord Milner despatched to find out what was happening out there, discovered the masters living in squalid conditions living in sheds with the servants living in and running the manors. Re-education was needed and the Kindergarten was born.
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We live in an enlightened age today and see the lack of understanding and the lack of wisdom when divisions are created for the ‘haves and have not’, ‘us and them’, ‘master and slave’ and so on. However, putting all this is contrast with subsidiarity and Macmillan's vision of an inverted pyramid, does it suggest unscrutinised rules are being made up by people who have obtained unscrutinised privilege, but carry no responsibility for their unscrutinised actions. Maybe the vision of this Statesman, Macmillan, gave us a sagacious warning of what can happen if checks and measures are thrown out of the window.
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Britain today maybe getting perilously close to flatlining as isolationism is projected in society; we find self-elected emperors around every corner. A broken, divided society is a broken nation. Britain has a brilliant heritage and glorious history, if in some parts difficult, but it deserves far better than to be broken; which can be the inevitable consequence of excessive streamlining of a system to regenerate a desired reordered society. That process introduces a Rhadamanthine approach in political and governance terms that is excessive in an attempt to portray an outcome suggested to be 'just' and 'necessary'.
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So maybe perhaps if that was what was meant by subsidiarity isn't working then history has signposts to show us what can happen, and that we don’t have to make these mistakes. Of course, these are only observations and they could be wrong.

Tuesday, September 01, 2009

Cellphones Cause Brain Tumors

Cellphones Cause Brain Tumors, Says New Report By International EMF Collaborative
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Photo courtesy of Radiation Research
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For those who haven't seen the report named above announced on the 25 August 2009, it reports on a further international investigation into what impact the use of mobile phones may have on the human brain. I do not propose to make a judgmental article that argues the 'fores and againsts' as I think you need to make up your own.
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You may agree with me that when highly skilled people come together to collaborate on research like this that we should at least allow for the opportunity to acquaint ourselves with what it is they are saying and see if we can learn how to reduce or remove any risks that might be.
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Reading the report and placing the concepts in it relating to testing in confined spaces where numbers of mobile phones, awaiting examination or are being examined, are all switched ON and bursting at full power to the network to register, then that process and procedure needs to be looked at closely to see if there is any risks to health that could exist. As I understand it, talking with the report publisher today, brain tumours are less likely to show up within 10-15 years (which is approximately the life of GSM at present) as the cycle of a brain tumour may not be known for 25 years, and in other cases 40 years. I am not a medical expert, but I am listening to what is being said.
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I mention the time periods because it has always been my argument that if there was a case to answer relating to mobile phones and Masts radiating everyone to death or causing health issues, surely the exposure to mobile phone usage spanning from 1985 (when UK TACS was introduced) to the present time with GSM surely that respresents some form of semi-empirical test result; meaning not all the issues have been considered in the fullest sense by qualified research, but common-sense applies. However, 25-40 years may mean there could be issues down the line to deal with that wont be known yet. So hopefully, to my professional mobile telephone colleagues, do not ignore this issue, be prepared to read without prejudice.
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The full press release that was issued is below:
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Cellphones Cause Brain Tumors, Says New Report By International EMF Collaborative
August 25, 2009
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BERKELEY, CALIF. & SUTTON COLDFIELD, ENGLAND--(BUSINESS WIRE)-- A new report, "Cellphones and Brain Tumors:15 Reasons for Concern, Science, Spin and the Truth Behind Interphone," was released today by a collaborative of international EMF activists. Groups affiliated with the report include Powerwatch and the Radiation Research Trust in the U.K., and in the U.S., EMR Policy Institute, ElectromagenticHealth.org and The Peoples Initiative Foundation. Download the report.
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The exposé discusses research on cellphones and brain tumors and concludes:
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  • There is a risk of brain tumors from cellphone use;
  • Telecom funded studies underestimate the risk of brain tumors, and;
  • Children have larger risks than adults for brain tumors.
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This report, sent to government leaders and media today, details eleven design flaws of the 13-country, Telecom-funded Interphone study. The Interphone study, begun in 1999, was intended to determine the risks of brain tumors, but its full publication has been held up for years. Components of this study published to date reveal what the authors call a ‘systemic-skew', greatly underestimating brain tumor risk.
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The design flaws include categorizing subjects who used portable phones (which emit the same microwave radiation as cellphones,) as ‘unexposed'; exclusion of many types of brain tumors; exclusion of people who had died, or were too ill to be interviewed, as a consequence of their brain tumor; and exclusion of children and young adults, who are more vulnerable.
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Lloyd Morgan, lead author and member of the Bioelectromagnetics Society says, "Exposure to cellphone radiation is the largest human health experiment ever undertaken, without informed consent, and has some 4 billion participants enrolled.Science has shown increased risk of brain tumors from use of cellphones, as well as increased risk of eye cancer, salivary gland tumors, testicular cancer, non-Hodgkin's lymphoma and leukemia. The public must be informed."
International scientists endorsing "Cellphones and Brain Tumors: 15 Reasons for Concern" include:
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Ronald B. Herberman, MD, Director Emeritus, University of Pittsburgh Cancer Institute; David Carpenter, MD, Director, Institute for Health and the Environment, University at Albany; Martin Blank, PhD, Associate Professor of Physiology and Cellular Biophysics, Columbia University; Professor Yury Grigoriev, Chairman of Russian National Committee on Non-Ionizing Radiation Protection, and many others.