Church and State blog: The Investigatory Powers Tribunal considered Declan's complaint and Human Rights Act claim, and concluded that it is obviously unsustainable. It has gotten to the point where sending and receiving emails is like playing in a casino

Friday, May 14, 2021

The Investigatory Powers Tribunal considered Declan's complaint and Human Rights Act claim, and concluded that it is obviously unsustainable. It has gotten to the point where sending and receiving emails is like playing in a casino

This Church and State blog was temporarily blocked by Google Blogger today not long after I posted this blog post. I was in the process of creating a new blog for this blog's restoration when the block was lifted.

DAY 363 IN A WEEKLY PERIODIC TENANCY
SUBJECT TO A 'NO FAULT' SECTION 21 NOTICE
MAYOR OF LONDON RSI PROPERTY

14/04/20

With the background as provided above, the Heaveys now are facing an eviction notice from their landlord, Peabody Trust housing association. The tenancy is a flat, which falls under the Mayor of London's Rough Sleepers Initiative. Pardoning my intrusion into English law, but in fairness there does not appear to be any reason for the eviction, relying apparently entirely on the discretion of the landlord.

Joseph R. Carvalko, Esq., American lawyer (full letter here)

Our Church and State website has no less than 63 Nobel Laureates on it despite the never-ending assault on our email; see paragraph 2 under "Church and State" on this blog's sidebar (updated today).

Mayor of London Sadiq Khan

This is Day 363 for Declan and me living under the legal threat of a 'no fault' eviction by Peabody Trust. We live in a Mayor of London's Rough Sleepers Initiative property. Things have gotten so bad with our email that I'm only publishing one article a day on Church and State and spending the rest of the day researching brain-computer interfaces. This will remain the case until I have made at least one significant breakthrough in this field, with Declan using his mobile to phone America to try to get our emails through to people. Domestically things could not be more menacing for us than they are at the moment. In fact, we have only known pressure like this before we received a no-fault eviction notice from our previous landlord. There is more about the interception of our email, laptop and TV interference and Declan's ongoing problems with Newham Council in my blog post this morning, Threat to life: Will the Parliamentary and Health Service Ombudsman investigate Lyn Brown MP's second referral about the Information Commissioner's decision that allows St Mungo's to continue processing coercive support plans without our knowledge or consent and that poses a direct threat to Declan's life? The post reveals 17 knighted professors emailed at the beginning of last week, and only two read. The excessive targeting of this category of emails was maintained all week. We can only assume in the absence of an alert from Mailtrack that Declan's reply last Friday to the 13th knighted professor to be listed as one of our Honorary Associates was blocked. This is far from unusual and has applied to, among others, a number of the 20 Nobel Laureates on the list. Either that or the alerts were blocked (which is revealed when we receive a response to an email without us ever receiving the alert). Either way, the sabotage and manipulation of our email has remained a constant for years but has gotten to the point where sending and receiving emails is like playing in a casino. Nothing can be relied upon, not even my next day's reply to the co-founder with Elon Musk of Neuralink, which seems to have been blocked with my two new permission emails yesterday.

The Investigatory Powers Tribunal has carefully considered your complaint and Human Rights Act claim, and has concluded that it is obviously unsustainable, and thus falls within the provisions of Rule 13(3)(a) of the Investigatory Powers Tribunal Rules 2000, such that, pursuant to s67(4) of the Regulation of Investigatory Powers Act 2000, the Tribunal has resolved to dismiss the claim.

The Investigatory Powers Tribunal was created in October 2000 by the Regulation of Investigatory Powers Act and given the power to investigate any complaints against the Government Communications Headquarters (GCHQ), MI5 or MI6, as well as complaints about surveillance operations mounted by the police or any other public bodies. The Guardian reported in 2014 that the tribunal, which claims to be completely independent of the UK Government, is secretly operating from a base within the Home Office, by which it is funded. The newspaper found that the IPT had investigated about 1,500 complaints and upheld only 10, five of which concerned members of one family who had all lodged complaints about surveillance by their local council. No complaint against any of the intelligence agencies had ever been upheld. The discovery that the IPT is lodged within a Whitehall department has fuelled criticisms of the tribunal that has been levelled by rights groups, lawyers and complainants. The IPT's critics complain that the secrecy is excessive and that its procedures are stacked so heavily in favour of the government and against complainants that it is fundamentally unfair. According to The Guardian, some senior lawyers have described the IPT as "Kafkaesque", while one eminent barrister dismissed it as a "kangaroo court". The newspaper also reveals that because of the perception that the tribunal is unfair, many would-be complainants spurn it.

'Independent' court scrutinising MI5 is located inside Home Office http://t.co/ZezpDipCPx via @guardian
— Ian Cobain (@IanCobain) March 5, 2014

Our list of 301 Honorary Associates includes 20 Nobel Prize laureates, 18 US National Medal laureates and 13 knighted professors notwithstanding the excessive targeting of these categories of emails in particular.

http://churchandstate.org.uk/honorary-associates/

"I am truly appalled by the unlawful violation of the Heavey's basic right to send and receive email without interference. I would be most grateful for anything you may be able to do by way of taking measures to correct this gross abuse." An American professor to then Home Office Minister Lynne Featherstone in 2010

Church and State

MAYOR OF LONDON RSI PROPERTY
DAY 406 IN A WEEKLY PERIODIC TENANCY
SUBJECT TO A SECTION 21 NOTICE

(SEE PARA. 3 BELOW)

1. Our 308 Honorary Associates include 20 Nobel Prize laureates. Declan and I are engaged in a project that deals with the publication of issues significant to social policy in a number of key areas, e.g., climate change, population, futurism, atheism, and free speech. Established as Network for Church Monitoring, a non-profit company limited by guarantee, our main publication, found at the website, Church and State, calls attention to subjects, not the least which have been critical of the interaction between religious and secular institutions. We have been the target of numerous threats and actions, e.g., the former resulting in threats to Declan's life, and the latter, which have led to vandalism. The various incidents are on record with the police and other official agencies.

2. There are no less than 63 Nobel Prize laureates on the Church and State website from 20 Honorary Associates, eight articles, nine book excerpts and 33 petition signatories. (For example, one Nobel laureate signed our Nobel petition in support of human embryonic stem cell research and gave us permission to excerpt from one of his books.) Our list of associates also includes 18 US National Medal laureates, and six Turing Award laureates (the equivalent of the Nobel Prize in computer science). We have published one article and excerpted from the books of seven members of the British House of Lords. And there are 31 knighted professors on the site from 13 Honorary Associates, one book excerpt and 21 petition signatories. These figures are despite the never-ending assault on our email (this link reveals the targeting of our emails to, among others, a close colleague in Washington, DC as well as space advocates and Nobel laureates).

3. This is Day 406 for us living under the threat to life of a 'no fault' eviction by Peabody Trust.[1] We live in a Mayor of London's Rough Sleepers Initiative (RSI) property. Peabody's appalling new terms of tenancy have forced us into an unstable weekly periodic tenancy that poses a threat to Declan's life and inhibits our ability to exercise our rights. Declan accumulated quite a history with the Housing Ombudsman Service before he received the Ombudsman's decision not to investigate a referral from Lyn Brown MP on jurisdictional grounds. The Ombudsman was asked to consider whether or not our tenancy has been renewed like for like; and whether, if not, it should be in light of the landlord having accused us of not signing a like-for-like agreement. The Equality and Human Rights Commission will not accept a referral of discrimination from Ms Brown, the Commission's helpline (EASS) having grossly distorted the complaint against Peabody. We no longer have pro se access to the courts (see next paragraph).

4. This eviction matter came before District Judge Ruth Fine at the Central London County Court on 30 June 2020, when both counsel for St Mungo's (the charity in effective control of our tenancy) and Declan presented their positions. Declan lost the case and was ordered to pay £1,850 in costs. A publishing colleague in America cleared these costs within 24 hours of my blog post about this hearing for strike out on a related issue that was the essence of the claim, i.e., that St Mungo's would take a phone call to confirm that we are clients of the Mayor of London's RSI programme. Within a week of the hearing, St Mungo's had agreed to take this phone call for us both, the Court having ruled that they were not obliged to do so despite our circumstances. This time we escaped bankruptcy (counsel for St Mungo's asked for £3,407.50 in costs), but consider that to seek pro se access to justice in the courts has become far too dangerous for us. Declan currently has before the Parliamentary and Health Service Ombudsman the decision of the Information Commissioner that allows St Mungo's to continue processing coercive support plans without our knowledge or consent and that also poses a threat to his life.

5. When it comes to traffic, we have had 10.7 million hits in the past three years on Facebook; however, I left the platform on 13 March 2021 for one year rather than risk being banned for life. It is indisputable that with any sort of level playing field Church and State would have far exceeded 2.5 million hits last year. In addition to a large variety of blocks without explanation, Facebook had so severely restricted our Page's distribution by October 2020 that it was almost as good as an unpublished page.[2] Currently, we are up to their 85th block since 1 December 2015, and as usual without an explanation. This block records as one half of their 3rd double block in the first five weeks of this year that lasted 60 days. Our traffic has also been curtailed by over 2.5K blocks on access to Church and State since 26 July 2016, including 29 full distributed denial-of-service (DDoS) attacks since 17 May 2019 that have lasted for as long as 54 hours at a time.[3] About 70% of our hits are from Americans.

"This is precisely the hard hitting kind of response needed to clarify the unfair way Facebook is treating your highly reputable site." Don Collins, Founder, International Services Assistance Fund, Washington DC

Last updated: 26/06/21

_________________________

[1] Once a fixed term has elapsed, the landlord has the option to seek eviction even if the tenant has upheld their obligations in full (though of course the landlord must still apply for and obtain a county court order).

[2] 17/10/20: We have permission to publish this ISAF letter of 30 September to Facebook COO Sheryl Samberg. Facebook has so severely restricted our Page's distribution since 4 September that it's almost as good as an unpublished page

[3] Since October 2019, we have been defining a full DDoS attack as having such a high volume of up to 4-minute blocks on access to Church and State that we don't bother recording them all.

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Friday, May 14, 2021

The Investigatory Powers Tribunal considered Declan's complaint and Human Rights Act claim, and concluded that it is obviously unsustainable. It has gotten to the point where sending and receiving emails is like playing in a casino

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