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2011年4月12日星期二

The absence of evidence for "burqa bans" - The Guardian

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The secular republic of France has banned face veils, which means that anyone wearing the niqab or burqa in public there can be fined €150, or suffer the infinitely worse fate of being forced to endure lessons in French citizenship.

Much of the debate about this has focused on the moral aspects, but are the arguments in favour of French policy supported by any actual evidence, and what happens when we ban burqas anyway?

Wearing a burqa is apparently bad for your health, or at least that's what Wikipedia says, and to be honest the supporting evidence isn't massive. A nice summary of the negative health claims comes from a law student at the Washington College of Law whose unreferenced article "The Health Care Crisis Facing Women Under Taliban Rule in Afghanistan" (oddly one of the main sources for the Wikipedia article) makes the following claim:

Furthermore, the mandatory act of wearing burqas itself causes health risks. They are so heavy and enveloping that they restrict women's activities by making it difficult for them to move. The simple act of walking outside becomes hazardous because the mesh opening severely restricts women's field of vision and they are unable to see their path clearly. In addition, burqas are linked to hearing loss, skin problems, headaches, cardiac disorder, asthma, and also can contribute to mental health problems. PHR revealed that the Afghan women who participated in its study demonstrated alarmingly high levels of mental illness: 97% displayed symptoms of major depression, and 86% reported signs of anxiety. These problems are linked to the oppressive conditions imposed on women and are significantly aggravated by the constant stress of restrictions on their movement and confinement to burqas.

You can pretty much just scrawl "citation needed" in red pen across that lot, but if we merge it with other research reported by the media it all boils down to three main claims:

Burqas dangerously restrict movement and vision.Burqas cause vitamin D deficiency (leading to various related issues)Burqa-wearing is linked to high rates of mental health issues.

The evidence for some of this is patchy. For example, both the Reuters and Wired articles linked to from Wikipedia to back up the Vitamin D claim are based on the same research, which doesn't actually test the claim but takes it as a given, and refers to 'conservatively-dressed' women, rather than any specific form of dress.

But to make things easy, let's assume all three claims are true. Burqas may restrict movement and vision - well trust me, so do corsets and high heels. Burqas cause Vitamin D deficiency due to the lack of sun exposure - well so does science blogging, or wearing a coat, hat and trousers, or being a fan of Twilight. At best, there may be a case for educating wearers about vitamin requirements so they can compensate for their lack of sunlight exposure.

As for the mental health issues, are they related to wearing a burqa, or are they related to the situations that burqa-wearing women may live in? As the author of the above quote admits, "these problems are linked to the oppressive conditions imposed on women." With the best will in the world, banning someone from wearing a burqa is not going to somehow fix their oppressive husband or improve their home environment.

Health isn't one of the serious justifications for this policy though. The main debate has focused around three areas: issues of security, the preservation of 'French values', and of course the oppression of women.

To put this in some sort of context, how many people are we actually talking about? Various media sources quote French government estimates suggesting that somewhere in the region of 2,000 women wear full veils. Other Muslims suggest the figure is lower, and both my attempts and the efforts of Full Fact to shed light on the question produced a rather semi-skimmed result:

Though the statistic apparently comes from French Interior Ministry data, the details on how it was calculated are a little thin on the ground. [...] ...this is because the report from which the figure originates by the Information Directorate of the Interior Ministry appears to be a confidential one, unavailable to members of the public [which] was leaked to French Newspaper Le Figaro.

According to the paper, the figure was arrived at after French police were asked to estimate the number of traditionalist Salafist Muslims present in the country based on the number of places at which they worship.

[...] Meanwhile, another leaked note produced by the the domestic intelligence department of the police suggested that there were just 367 women wearing the Burka in France, although in the article this is dismissed as "totally absurd" by [Judge Andre] Gerin.

2,000 is a private guesstimate leaked by a newspaper then, not the reliable statistic it's been presented as by the media. My hunch is that the real number is probably lower, but for the sake of argument let's work with it for now.

Are 2,000 women in face veils enough to threaten the survival of 'French values'? As always, cultural conservatives are inadvertently the biggest critics of the heritage they seek to defend. Are their values so weak, their culture so feeble, that they cannot tolerate the unusual clothing choices of a few thousandths of one percent of the population?

That number might grow of course, but then if you have to pass laws to stop people from abandoning your way of life... well maybe you're tackling a symptom rather than the cause. Is the number actually growing? Again we don't know.

What about the security argument? I've not seen any evidence of crime-waves orchestrated by burqa-wearing hoodlums, but anecdotally there have been some striking cases, such as the gunmen who raided a French bank last year:

Employees let the pair through the security double doors of the banking branch of a post office, believing them to be Muslim women. But once inside, the men flipped back their head coverings and pulled out a gun, officials said.

They seized 4,500 euros (£4,000) in cash, according to staff at the branch in Athis Mons, just south of Paris, and made their getaway.

Shocking indeed, but it's a pretty isolated anecdote. While predictably the escapade intensified calls for a ban in France, the problem with appeals to security is that they tend to fall back on the same, narrow examples. Banks, airports, schools... yes, these places need to be cautious about security, but that's an argument for de-veiling in those places, not an argument for a complete public ban. There are far greater dangers in my local cafe than face veils. Many of them are on the menu.

Arguably the most compelling argument is that the ban protects women from oppression. How many we don't know, because as we've seen there are no reliable statistics to tell us how many veil-wearers there are in the Republic, let alone what percentage of that handful do so of their own free volition.

Apparently the Interior ministry claim at that around 25% of veil-wearers are recent converts from non-Muslim backgrounds, but that's from a Daily Mail copy of a Reuters infographic based on stats that apparently haven't don't exist in the public domain. I can't help but feel that, in a way, that last sentence sums up the whole body of evidence in this debate.

No doubt some of them will be subjected to abuse by their husbands or families. Meanwhile some who choose to wear the veil are subjected to abuse by members of the public, so-called "Burqa-Rage." How many fall into each camp is hard to pin down.

Not only do we have little idea of the existing situation, we also have next-to-no hope of understanding the impact of the ban (assuming it's enforced with enthusiasm, which at present seems fairly unlikely). Would oppressed women be liberated by vigorous application of the law, or would their husbands satisfy their religious sensibilities by simply keeping them indoors, or restricting them some other way?

The BBC quote government figures suggesting that a third of a million French women suffer violent attacks annually, with around 150 murdered. Against these statistics, the handful of women affected by this new law will be lost in the noise unless someone makes some effort to monitor what happens to them.

If these women were to disappear from view completely, then how would we ever know?


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Provider of Facebook said it holds 50%, emails as evidence

反序列化操作“Translate”的响应消息的正文时出现错误。读取 XML 数据时,超出最大字符串内容长度配额 (8192)。通过更改在创建 XML 读取器时所使用的 XmlDictionaryReaderQuotas 对象的 MaxStringContentLength 属性,可增加此配额。 第 2 行,位置为 8052。
反序列化操作“Translate”的响应消息的正文时出现错误。读取 XML 数据时,超出最大字符串内容长度配额 (8192)。通过更改在创建 XML 读取器时所使用的 XmlDictionaryReaderQuotas 对象的 MaxStringContentLength 属性,可增加此配额。 第 1 行,位置为 9388。
April 12, 2011, 6:26 PM EDT By Bob Van Voris

(Updates with change of law firms in ninth paragraph.)

April 12 (Bloomberg) -- E-mails allegedly written by Facebook Inc. co-founder Mark Zuckerberg are cited in a new court filing by Paul Ceglia as proof of his claim that a 2003 contract gave him 50 percent of the company.

The revised complaint, filed yesterday in federal court in Buffalo, New York, includes new allegations supporting Ceglia’s claim to own part of Palo Alto, California-based Facebook, the world’s biggest social-networking site. Ceglia says Zuckerberg sent him numerous e-mails discussing the terms of the contract and the early development of “The Face Book.”

“They’re exactly what you would expect between two people trying to develop a website,” said Robert Brownlie, a lawyer for Ceglia, referring to the e-mails in a telephone interview.

Ceglia alleges that Zuckerberg defrauded him, lying about the early success of “The Face Book” at Harvard University, where Zuckerberg was a student at the time. Ceglia claims he is entitled to part ownership of Facebook, a closely held company worth as much as $55 billion, according to Sharespost.com, an online marketplace for investment in companies that aren’t publicly traded.

‘The Social Network’

On the same day that Ceglia amended his complaint, a federal appeals court upheld the settlement of a years-long legal dispute dramatized in the Academy Award-winning 2010 film “The Social Network” that pitted Zuckerberg against former classmates from Harvard who accused him of stealing the idea for Facebook.

“This is a fraudulent lawsuit brought by a convicted felon, and we look forward to defending it in court,” said Orin Snyder, a lawyer for Facebook, in an e-mailed statement. Snyder may have been referring to Ceglia’s 1997 guilty plea to possession of hallucinogenic mushrooms in Carthage, Texas. Ceglia was fined $15,000 and permitted to return to New York state, according to court files.

In an interview with Bloomberg in July, Ceglia said he regretted the incident. He didn’t return a voice-mail message yesterday. Brownlie didn’t return an e-mail today seeking comment on Snyder’s characterization of his client.

Snyder, a partner in the firm Gibson, Dunn & Crutcher LLP, called Ceglia’s original claim “ridiculous,” adding that “this newest complaint is no better.”

New Lawyers

Ceglia also filed papers yesterday switching lawyers from Terrence Connors, from the Buffalo firm Connors & Vilardo LLP, to a team of lawyers from DLA Piper LLP, one of the world’s biggest law firms. DLA Piper has 3,500 attorneys in 29 countries, according to its website. Former New York Attorney General Dennis Vacco is also part of the legal team.

In yesterday’s ruling by the U.S. Court of Appeals in San Francisco, a panel of judges rejected a request by former Harvard students Cameron and Tyler Winklevoss to undo a settlement they reached with Zuckerberg in 2008. The Winklevoss twins argued the 2008 agreement should be voided because Facebook didn’t disclose an accurate valuation of its shares before they agreed to settle for $65 million in stock and cash.

The Winklevosses will ask a larger panel of judges on the appeals court to review the case, said Jerome Falk, an attorney for the brothers.

‘Stalling’ Upperclassmen

Among the e-mails that Ceglia cited in his new complaint is one dated Nov. 22, 2003, in which Zuckerberg allegedly told him: “I have recently met with a couple of upperclassmen here at Harvard that are planning to launch a site very similar to ours. If we don’t make a move soon, I think we will lose the advantage we would have if we release before them. I’ve stalled them for the time being,” Zuckerberg said, before asking for another $1,000 from Ceglia, according to the papers.

The Winklevosses were Harvard seniors when Zuckerberg put Facebook online in 2004.

Ceglia claims in his complaint that he contributed “his time, ideas, knowhow, and other ‘sweat equity’” to the start of Facebook. He claims he and Zuckerberg formed a general partnership in 2003 and that Ceglia should have gotten half- ownership when Facebook was incorporated the following year. Ceglia seeks unspecified damages and a judicial accounting of what Zuckerberg gained from Ceglia’s alleged half-interest over the years since then.

Fifty Percent

“Ceglia is entitled to receive 50 percent of the total equity interest in Facebook Inc. received by, and promised to Zuckerberg, including, but not limited to, stock, stock options and restricted stock units,” Ceglia claimed in the complaint.

Ceglia originally sued in state court in New York’s Allegany County June 30, claiming a two-page “Work for Hire” contract signed by Zuckerberg in 2003, when he was an 18-year- old freshman at Harvard, entitled Ceglia to half of the company, plus 1 percent per day that the start of the site, called “The Face Book,” was delayed. At the time, Ceglia’s total demand was for 84 percent of Facebook. The case was later transferred to federal court in Buffalo.

In the new complaint, Ceglia said that, at Zuckerberg’s request, he agreed in 2004 not to enforce the provision in the alleged contract that would have entitled him to a majority of Facebook.

“Zuckerberg sent to Ceglia e-mails complaining that a provision in the agreement giving Ceglia an additional 1 percent interest in the business for each day after Jan. 1, 2004, that ‘The Face Book’ website wasn’t complete, was unfair because it would give Ceglia more than 80 percent ownership of the business, including thefacebook.com website,” Ceglia said in the new complaint.

Different Years

The allegations in the complaint conflict with claims by Zuckerberg, Facebook and others that Zuckerberg conceived of the website as a Harvard sophomore in 2004, not in 2003, as Ceglia claims.

According to the complaint, Ceglia hired Zuckerberg through an ad on Craigslist.com to write computer code for a project of Ceglia’s called StreetFax.com. After several telephone conversations, Ceglia agreed in April 2003 to pay Zuckerberg $1,000 for work on StreetFax plus a $1,000 investment in “The Face Book,” which Zuckerberg was developing.

Ceglia and Zuckerberg met in the lobby of the Radisson Hotel in Boston on April 28, 2003, where they signed the contract, Ceglia said.

‘Women and Beer’

According to one e-mail, Zuckerberg asked if he could adapt the source code from StreetFax for use on The Face Book. And in a Sept. 2, 2003, e-mail, Ceglia dissuaded Zuckerberg from charging alumni a monthly fee for using the site.

“Maybe we could make it free until it was popular and then start charging?” Ceglia suggested, according to one excerpt.

On Jan. 5, 2004, Ceglia questioned Zuckerberg about delays in launching The Face Book, according to the complaint.

“I’m starting to think you just blew that money, Mark,” Ceglia allegedly said in an e-mail. “You know perfectly well that you can’t just take a person’s investment and then spend it on women and beer or whatever you do up there in Harvard.”

Later, after Zuckerberg launched the site, he allegedly rejected Ceglia’s idea to sell college T-shirts and mugs on The Face Book, saying in a Feb. 6, 2004, e-mail: “I feel I must take creative control and I just cannot risk injuring my site’s reputation by cheapening it with your idea of selling college junk.”

Ceglia also claims that Zuckerberg hacked his StreetFax website “on multiple occasions,” changing the code and forcing it to shut down, when Ceglia refused to pay Zuckerberg more than they’d agreed for his work on the project.

On July 22, 2004, a week before Zuckerberg incorporated Facebook, Ceglia claims, Zuckerberg sent an e-mail wishing him happy birthday and offering to return $2,000.

“Another summer is here and I still don’t have any time to build our site, I understand that I promised I would, but other things have come up and I am out in California working during break,” Zuckerberg wrote, according to Ceglia.

The case is Ceglia v. Zuckerberg, 1:10-cv-00569, U.S. District Court, Western District of New York (Buffalo).

--Editors: Peter Blumberg, Michael Hytha

To contact the reporter on this story: Bob Van Voris in U.S. District Court in Manhattan at rvanvoris@bloomberg.net

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net


View the original article here