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The South China Sea: Re-Assessing Regional Order in Asia
DATE: September 7-8, 2012
PLACE: 2223 Fulton Street, 6th floor
SPONSORS: Institute of East Asian Studies and Center for Chinese Studies
The seas of East and Southeast Asia have become a flashpoint in international relations among Asian nations. With China's growing political influence, its claims to territory, resources, and access have generated not only varying degrees of resistance and conflict, but a renegotiating of relations across the region and internationally. Most recently, the South China Sea has emerged as the site of contested space. With participants from the fields of international relations, political science, history, and law, this conference explores the historical background of the South China Sea crisis; the legal issues involved, including interpreting the Law of the Sea in the current context; the South China Sea not only as a source of energy and food but in terms of strategic significance; the further complications posed by the uneasy thaw in relations between China and Taiwan; the play not only of government action but of public response; and finally what the current maneuvering signals for the future of Asia.
All sessions are free and open to the public.
9:00–10:00 am: Coffee, Refreshments
Wen-hsin Yeh, UC Berkeley
Wen-hsin Yeh, UC Berkeley (Moderator)
Untying the Gordian Knot: Complexity, Diplomacy, and the Imbroglio in the South China Sea
Donald K. Emmerson, Stanford University
Struggle without Breaking: Behind the Rising East Asian Maritime Tension
Chong-Pin Lin, Graduate Institute of Strategic Studies, Taiwan National Defense University
Roundtable and Open Discussion
Wen-hsin Yeh — UC Berkeley (Moderator)
Lowell Dittmer, UC Berkeley Penny Edwards, UC Berkeley Donald K. Emmerson, Stanford University Chong-Pin Lin, Graduate Institute of Strategic Studies, Taiwan National Defense University
12:30–1:15: Lunch Break
Richard Buxbaum, UC Berkeley (Moderator)
The Impact of the Law of the Sea Convention on the Development of Maritime Disputes in the South China Sea
Yann-Huei Song, Academia Sinica
Roundtable and Open Discussion — Richard Buxbaum, UC Berkeley (Moderator)
Harry Scheiber, UC Berkeley
Alex Wang, UC Berkeley
Yann-Huei Song, Academia Sinica
2:30–2:45: Break
TJ Pempel, UC Berkeley (Moderator)
The Evolution of PRCs South China Sea Policy
Dingli Shen, Fudan University
A Hidden Explosive in the South China Sea
Xue Litai, Stanford University
4:00–4:15: Break
Transnational Public Sphere? Historical Contentions and Dialogues in Northeast Asia
Jae-Jung Suh, Johns Hopkins University
Shifting Strategic Balance: The Rise of Chinese Influence in the South China Sea
Alexander Huang, Tamkang University
Roundtable and Open Discussion — TJ Pempel, UC Berkeley (Moderator)
Lowell Dittmer, UC Berkeley
Alexander Huang, Tamkang University
Su Lin Lewis, UC Berkeley
Dingli Shen, Fudan University
Jae-Jung Suh, Johns Hopkins University
Xue Litai, Stanford University
6:15: Adjourn
6:30: Reception and Dinner — Womens Faculty Club
9:30–10:00: Coffee Service
Micah Muscolino, Georgetown University (Moderator)
Rhetoric versus Reality: China's Commercial Capacity to Exploit Hydrocarbons and Fish in the South China Sea
Ben Purser, University of Colorado
The Zheng Family and Chinese State-building in the South China Sea
Xing Hang, Brandeis University
International Energy Conflict in the South China Sea: The First Phase, 1975–1980
Micah Muscolino, Georgetown University
Roundtable and Open Discussion — Micah Muscolino, Georgetown University (Moderator)
Xing Hang, Brandeis University
Ben Purser, University of Colorado
David Rosenberg, Middlebury College
Yann-Huei Song, Academia Sinica
12:15–12:30: Break, retrieve lunch on 3rd floor
Crossing imperial and national boundaries: political and business networks of Taiwanese overseas in China, 1895–1945
Peiting Li, UC Berkeley
Allegiances and Patronage across the Late Nineteenth-Century Guangxi-Tonkin Border
Linh Vu, UC Berkeley
1:20–1:30: Break, return to 6th floor
Wen-hsin Yeh (Moderator)
The Sino-Vietnamese Approach to Managing Border Disputes and the South China Sea Situation
(read in absentia by Joshua Hill, UC Berkeley)
Ramses Amer, Stockholm University
Problems and Prospects for Joint Resource Management in the South China Sea
David Rosenberg, Middlebury College
Roundtable and Open Discussion — Wen-hsin Yeh, UC Berkeley (Moderator)
Lowell Dittmer, UC Berkeley
Chong-Pin Lin, Graduate Institute of Strategic Studies, Taiwan National Defense University
TJ Pempel, UC Berkeley
David Rosenberg, Middlebury College
Dingli Shen, Fudan University
3:30–4:30: Concluding Discussion and Comments — Wen-hsin Yeh, UC Berkeley (Moderator)
4:30: Adjourn
5:00: Dinner — Venezia Restaurant
Click here to download a copy of the conference agenda. Updated September 4, 2012.
RAMSES AMER — Senior Research Fellow Center for Pacific Asia Studies (CAPS), Stockholm University
Ramses Amer — Associate Professor and PhD in Peace and Conflict Research — is Senior Research Fellow, Department of Oriental Languages, Stockholm University, Sweden, and Research Associate, Swedish Institute of International Affairs, Stockholm, Sweden. Major areas of research include a) security issues and conflict resolution in Southeast Asia and the wider Pacific Asia and b) the role of the United Nations in the international system. He is the author of The Sino-Vietnamese Approach to Managing Boundary Disputes, Maritime Briefing, Vol. 3, No. 5 (Durham: International Boundaries Research Unit, University of Durham, 2002). He is Co-editor, with Carlyle A. Thayer, of Vietnamese Foreign Policy in Transition (Singapore: Institute for Southeast Asian Studies; and, New York: St Martin's Press, 1999). He is Co-editor, with Ashok Swain and Joakim Öjendal, of Globalization and Challenges to Building Peace (London, Chicago and New Delhi: Anthem Press, 2007); of The Democratization Project: Opportunities and Challenges (London and New York: Anthem Press, 2009); and of The Security-Development Nexus: Peace, Conflict and Development (London and New York: Anthem Press, 2012). He is also co-editor with N. Ganesan, of International Relations in Southeast Asia: Between Bilateralism and Multilateralism (Singapore: Institute of Southeast Asian Studies, 2010); and with Zou Keyuan, of Conflict Management and Dispute Settlement in East Asia (Farnham, Surrey: Ashgate, 2011). He has also contributed to international journals and books and has written reports on issues of Southeast Asian Affairs and on the United Nations.
RICHARD BUXBAUM — Jackson H. Ralston Professor of International Law (Emeritus), Berkeley Law, UC Berkeley
Richard Buxbaum has been a Boalt faculty member since 1961, and took emeritus status in 2011. His specialization lies in the fields of corporation law and comparative and international economic law, and he has served on various state and national committees engaged in the drafting and review of corporate and securities legislation. He was Editor in Chief of the American Journal of Comparative Law, 1987-2003, and is a contributing editor to a variety of U.S. and foreign professional journals. From 1993 to 1999, Buxbaum was Dean, International and Area Studies at UC Berkeley. He has been a visiting professor at the Universities of Michigan, Cologne, Frankfurt, Münster and Sydney. He was appointed Honorary Professor of Law of Peking University in 1998, holds honorary degrees from the universities of Cologne, Osnabrück, Eötvös Lorand, McGill, Humboldt and the Bucerius School of Law, and in 1992 received the Alexander von Humboldt Foundation Award for Humanities and Arts. Buxbaum is a member of the Council on Foreign Affairs, the American Law Institute and the American Academy of Arts and Sciences. He was awarded the Großes Bundesverdienstkreuz (Order of Merit), Federal Republic of Germany in 1992; and named Officier, Ordre des Arts et Lettres, France, in 1996 and Comendador, Ordem de Rio Branco, Brazil in 1998.
LOWELL DITTMER — Professor of Political Science, The Charles and Louise Travers Department of Political Science, UC Berkeley
Lowell Dittmer is Professor of Political Science at the University of California at Berkeley and editor of Asian Survey. Recent works include Sino-Soviet Normalization and Its International Implications (1992), China's Quest for National Identity (with Samuel Kim, 1993), China Under Reform (1994), Liu Shaoqi and the Chinese Cultural Revolution (rev. ed., 1997), (with Haruhiro Fukui and Peter N.S. Lee, eds.) Informal Politics in East Asia (Cambridge, 2000), South Asia's Nuclear Security Dilemma: India, Pakistan, and China (Armonk: M. E. Sharpe, 2005), (with Guoli Liu, eds.) China's Deep Reform: Domestic Politics in Transition (Lanham, MD: Rowman & Littlefield, 2006), China, the Developing World, and the New Global Dynamic (Boulder, CO: Lynne Rienner, 2010), and many scholarly articles. His most recent book is Burma or Myanmar? The Struggle for National Identity (2010).
PENNY EDWARDS — Associate Professor and Chair, Department of South and Southeast Asian Studies, UC Berkeley
Penny Edwards is an Associate Professor in the Department of South and Southeast Asian Studies at UC Berkeley. She received her PhD in History from Monash University in 1999, an M. Phil in International Relations from the University of Oxford, 1992, and her BA from the University of London. Edwards specialises in the modern cultural and political history of Cambodia and Burma, with a focus on textual, material and visual narratives of national, religious, gender and racial identity. Her book Cambodge: The Cultivation of a Nation, 1860 -1945 (Hawai'i University Press, 2007) won the 2009 Benda Prize from the Association for Asian Studies. It explores the crystallisation of concepts of nation in and between Khmer and French secular and religious intellectual milieux. She has authored a number of academic articles and is joint editor of Pigments of the Imagination: Rethinking Mixed Race (a special issue of the Journal of Intercultural Studies, February 2007), Beyond China: Migrating Identities (Centre for the Study of Chinese Southern Diaspora, Research School of Pacific and Asian Studies, Australian National University, Canberra, 2002) and Lost in the Whitewash: Aboriginal-Asian Encounters in Australia, 1901 to 2001 (Humanities Research Centre, Australian National University, Canberra, 2003). Edwards teaches Undergraduate Course 10A and will be offering a variety of graduate seminars on topics ranging from nationalism to gender and Buddhism.
DONALD K. EMMERSON — Director, Southeast Asia Forum (SEAF), Shorenstein Asia-Pacific Research Center, Stanford University
Donald Emmerson heads the Southeast Asia Forum (SEAF) in the Walter H. Shorenstein Asia-Pacific Research Center at Stanford University, where is also a senior fellow in the Freeman Spogli Institute for International Studies and an affiliated scholar with the Center on Democracy, Development, and the Rule of Law and the Abbasi Program in Islamic Studies. He is currently preparing an edited book provisionally entitled "The Deer and the Dragon: Southeast Asia and China in the 21st Century." Recent publications include "Is Indonesia Rising? It Depends" in Strategic Review (August 2012); pieces on the South China Sea in Asia Times Online (July 2012); and An American Place at an Asian Table? Regionalism and Its Reasons (2011). So far in 2012 he has spoken on these and related topics in France, Germany, and South Korea among other countries. In 2011 his keynote address to the Australian Political Studies Association convention explored "Black Swans, Fat Tails, and the Futures of Political Science." He serves on the editorial boards of Contemporary Southeast Asia, the Journal of Democracy, and the Journal of Current Southeast Asian Affairs, and is an analyst with LinkAsia on television and the web. Before coming to Stanford in 1999 he was a professor at the University of Wisconsin-Madison, where he won a campus-wide teaching award. Places where he has held visiting positions include the Institute for Advanced Study and the Woodrow Wilson International Center for Scholars. He has a PhD in political science (Yale) and a BA in international affairs (Princeton).
XING HANG — Assistant Professor, History, Brandeis University
Xing Hang is an Assistant Professor of History at Brandeis University. He received his Ph.D. from UC Berkeley. He has received several grants and fellowships, including the Schiff Fellowship for Faculty-Undergraduate Research at Brandeis and the Li Ka-shing Program in Modern Chinese History Fellowship. His recently completed manuscript, "China among the Waves: The Zheng Familial State in Maritime East Asia, 1623-1683" is currently under review. Other publications include the book chapter, "Profits, Power, and Legitimacy: The Zheng Maritime Empire in Seventeenth-Century Maritime East Asia," in Regions and Regionalisms in the Modern World (forthcoming 2012) and the article "A Question of Hairdos and Fashion" in Oriens Extremus (2008). Xing Hang's research currently focuses upon independent Chinese kingdoms and republics in Southeast Asia during the eighteenth and nineteenth centuries, a historical legacy that questions capitalist enterprise, colonization, and democracy as distinctly European developments. The project also reassesses lineage networks based upon Confucian values and native place ties, and their role in the formation of a "Chinese" identity outside "China."
ALEXANDER HUANG — Assistant Professor, Graduate Institute of International Affairs and Strategic Studies, Tamkang University; Senior Associate, Center for Strategic and International Studies
Alexander Huang is a Professor at Tamkang University. He earned his Ph.D. in Political Science from George Washington University, and also studied at the School of Foreign Service (MSFS) at Georgetown University. Dr. Huang served as Vice Chairman of Taiwan's Mainland Affairs Council until 2004, and returned to Tamkang University having completed his government service. He was the director of The Institute of Strategic Studies at Tamkang before his public service, and director of the Center for American Studies at Tamkang University subsequent to his government position. Dr. Huang has been a non-resident Senior Associate at Center for Strategic and International Studies (CSIS) in Washington, DC since 2000. He was a Senior Vice President at the Foundation on International & Cross-strait Studies (FICS) in Taipei (2000-2008). In the United States, where he spent over fifteen years, he was a Senior Fellow in the International Security Program at CSIS (1999-2000) and a Visiting Fellow in the Center for Northeast Asian Policy Studies at the Brookings Institution (1998-1999). In addition, he taught Chinese Foreign Policy and U.S. Security Policy at the University of Maryland at College Park (1998-2000). Between 1993 and 1998, Dr. Huang worked as a Senior Consultant on political and security affairs for the Taipei Economic and Cultural Representative Office in Washington, DC, an institution representing the government of the Republic of China.
Dr. Huang specializes in Asian and Chinese security and defense studies. His recent publications include Chinese Warfighting: The PLA Experience Since 1949, (M.E. Sharpe, 2003) and The Dilemma of "One China" (Palgrave Macmillan, 2008). Dr. Huang has regularly contributed to Op-Ed columns in U.S. and Asian newspapers, and has been widely interviewed by CNN, BBC, Asia Wall Street Journal, Voice of America, Far Eastern Economic Review, DPA, AP, AFP and other international media. He is a member of IISS and United States Naval Institute.
SU LIN LEWIS — Mellon Post-doctoral Fellow in the Humanities
Su Lin Lewis is a Mellon Post-doctoral Fellow in the Humanities, appointed for 2011-2013 as a Visiting Assistant Professor in the Department of South and Southeast Asian Studies. Her research interests are in modern Southeast Asian and World History, with a particular interest in the comparative and connected histories of cities and civil society in the twentieth century. She is revising a manuscript based on her Phd thesis on cosmopolitan port-cities in Southeast Asia — namely Bangkok, Penang, and Rangoon — which focuses on various intersecting themes of urban space, sociability, education, the press, and popular culture in the 1920s and 1930s and the making of a multi-ethnic Asian middle class. Her current research explores transnational civil society networks and cultural internationalism in Southeast Asia in the 1950s, particularly in Burma, Malaysia, and Indonesia.
CHONG-PIN LIN — Adjunct Professor, Graduate Institute of Strategic Studies at Taiwan's National Defense University
Chong-Pin Lin is Adjunct Professor at the Graduate Institute of Strategic Studies, National Defense University, Taiwan. From 2004 to 2012, he taught as Professor at the Graduate Institute of International Affairs and Strategic Studies at Tamkang University. He served for eight years (1996-2004) in the government of Republic of China in Taiwan as Deputy Minister, Senior Advisor in the National Security Council, and the First Vice Chairman and Spokesman of the ministerial-level Mainland Affairs Council. From 1987 to 1995, he was Resident Scholar and the Associate Director of the Asian Studies Program at the American Enterprise Institute in Washington D.C. He taught from 1984 to 1995 as Sun Yat-Sen Chair Professor and Adjunct Professor at the Government Department and the School of Foreign Service at Georgetown University. He has published in 18 international journals and 11 international newspapers including China Quarterly and New York Times, respectively He authored in English China's Nuclear Weapons Strategy (Lexington Books, 1988), "Democracy in Taiwan" World Affairs (1989-90), "China's 1989 Upheaval" World Affairs (1992-93), and in Chinese, «龍威» The Power of Dragon (Changsha: Hunan Publisher, 1992), «核霸» The Nuclear Hegemon (Taipei: Student Publisher, 1999), «以智取勝» Win With Wisdom (Taipei: Global Defense Magazine Publisher, 2005), and «偶爾言中» Perchance Prescient (Taipei: Li Ming Co., 2008), «劍與花的歲月» Notes from an Earthly Journey (Taipei: Business Information Culture Co., 2009), «大災變» Global Shift: Exploring the Roots of Rising Disasters (Taipei: Reading Times, 2012). He is the editor of PRC Tomorrow (Kaohsiung: National Sun Yat-Sen University GIPS, 1996), and «廟算台海» Grand-strategic Calculus across the Taiwan Strait (Taipei: Student Publisher,2002). He co-authored «鬥而不破» Struggle without Breaking: Post-financial Crisis Relations between Beijing and Washington (Taipei: Showwe Information Co., 2012).
MICAH MUSCOLINO — Associate Professor Department, History, Georgetown University
Micah Muscolino is Associate Professor of History at Georgetown University. During the 2012-13 academic year he is Visiting Associate Professor of History at Harvard University, where he earned his Ph.D. in 2006. Muscolino's area of expertise is the environmental history of late imperial and modern China. His book Fishing Wars and Environmental Change in Late Imperial and Modern China was published in the Harvard East Asia Monograph Series in 2009. He spent 2010-2011 as a member of the School of Historical Studies at the Institute for Advanced Study in Princeton, NJ with support from a Mellon Fellowship for Assistant Professors and the National Endowment for the Humanities. He has also been awarded fellowships and grants from Fulbright (IIE), the Center for Chinese Studies at the National Central Library in Taiwan, and the Chiang Ching-kuo Foundation.
TJ PEMPEL — Jack M. Forcey Professor of Political Science for Study of East Asian Politics, The Charles and Louise Travers Department of Political Science, UC Berkeley
T. J. Pempel is Jack M. Forcey of Political Science in U.C. Berkeley's Department of Political Science, which he joined in July 2001. He earned his Ph.D. from Columbia. He served as director of the Institute of East Asian Studies from 2002 until 2006. There he held the Il Han New Chair in Asian Studies. Just prior to coming to Berkeley, he was at the University of Washington at Seattle where he was the Boeing Professor of International Studies in the Jackson School of International Studies and an adjunct professor in Political Science. From 1972 to 1991, he was on the faculty at Cornell University; he was also Director of Cornell's East Asia Program. He has also been a faculty member at the University of Colorado and the University of Wisconsin. Professor Pempel is on the editorial boards of a dozen professional journals, and serves on various committees of the American Political Science Association, the Association for Asian Studies, and the International Studies Association Council. Professor Pempel's research and teaching focus on comparative politics, political economy, contemporary Japan, and Asian regionalism. He has published over one hundred scholarly articles and chapters in books. His recent books include Remapping East Asia: The Construction of a Region (Cornell University Press), Beyond Bilateralism: U.S.-Japan Relations in the New Asia-Pacific (Stanford University Press), The Politics of the Asian Economic Crisis; and Regime Shift: Comparative Dynamics of the Japanese Political Economy. In spring of 2012 his latest book, Security Cooperation in Northeast Asia was published by Routledge. He is currently doing research on various problems associated with Asian regionalism and security, and his volume from Routledge has just come out on dismantling the developmental state.
BENJAMIN S. PURSER, III — Doctoral student, Department of Political Science at the University of Colorado, Boulder, and Associated Scholar of the U.S. Naval War College's China Maritime Studies Institute
Benjamin S. Purser, III is a doctoral student in the Department of Political Science at the University of Colorado, Boulder and an Associated Scholar of the U.S. Naval War College's China Maritime Studies Institute. His research focuses on East Asian security, maritime disputes, and the long-term implications of low-level conflict. He earned his Bachelors in Political Science and International Relations from Carleton College, graduated from the Johns Hopkins University-Nanjing University Center for Chinese and American Studies, and earned his Masters in National Security and Strategic Studies from the U.S. Naval War College. After working as a consultant in China, he joined the U.S. Navy, in which he spent approximately nine years working issues related to East Asian security.
DAVID ROSENBERG — Professor Emeritus, Political Science, Middlebury College
David Rosenberg is Professor Emeritus of Political Science at Middlebury College, Vermont, and Visiting Fellow in the Department of Political and Social Change in the School of International, Political & Strategic Studies (SIPSS) at the Australian National University in Canberra. He is also editor of the South China Sea WWW Virtual Library. Prof. Rosenberg received his B.S. in Economics from the Wharton School, University of Pennsylvania, (1963), an M.P.A. in International Development, from the School of Management, Cornell University (1967), and a Ph.D. in Comparative Government, with subfields in Southeast Asian Studies and Development Economics, from Cornell University (1972). He is the author or coauthor of numerous articles and chapters of edited volumes, including the recent publications "Governing the South China Sea: From Freedom of the Seas to Ocean Enclosure Movements" (Harvard Asia Quarterly, 2010), Piracy and Maritime Crime: Historical and Modern Case Studies, US Naval War College, 2011 (Co-author and co-editor with Bruce Ellemann, USN, and Andrew Forbes, RAN), and "Beyond the Scarborough Scare: Joint Resource Management in the South China Sea," e-International Relations, May 1, 2012.
DINGLI SHEN — Professor, Director of the Center for American Studies; Executive Vice Dean of the Insitute of International Affairs, Fudan University
Shen Dingli is a professor of international relations at Fudan University, Shanghai. He is the Executive Dean of Fudan University's Institute of International Studies, and Director of Center for American Studies. He co-founded and directs China's first non-government based Program on Arms Control and Regional Studies at Fudan. Dr. Shen has taught international security, China-US relations, and China's foreign policy, in China, US, and Semester at Sea program His research and publication covers China-US security relations, regional security and international strategy, arms control and nonproliferation, foreign and defense policy of China and the US etc. He is Vice President of Chinese Association of South Asian Studies, Vice President of Shanghai Association of International Studies, Vice President of Shanghai Institute of International Strategic Studies, and Vice President of Shanghai Association of American Studies. He received his Ph.D. in physics from Fudan in 1989 and did post-doc in arms control at Princeton University from 1989-1991. He was an Eisenhower Fellow in 1996, and advised in 2002 the then UNSG Kofi Annan for his strategic planning of second term. He is on the Global Council of Asia Society, and was appointed by Shanghai Municipality as Shanghai's Conference Ambassador. His recent publications include: "Upsetting a delicate balance," The Bulletin of the Atomic Scientists (Chicago: 2007); "China's Defensive Military Strategy: the Space Question," Survival (London: 2008); "Can Sanctions Stop Proliferation?" The Washington Quarterly (Washington DC: 2008), "Cooperative Denuclearization toward North Korea," The Washington Quarterly (Washington DC: 2009); "Opportunities for UK-China cooperation on nuclear and radiological security," Survival (May 2010; "Building China-India Reconciliation," Asian Perspective (Seoul: 2010); "Sino-US Collaborative Approach to Space Security," Asian Perspective (Seoul: 2011).
YANN-HUEI SONG — Research Fellow, Institute of European and American Studies, Academia Sinica
Dr. Yann-huei Song is currently a research fellow at the Institute of European and American Studies, and joint research fellow at the Centre for Asia-Pacific Area Studies, Academia Sinica, Taipei, Taiwan, the Republic of China. He received his Ph.D. in International Relations from Kent State University, Ohio, and L.L.M. as well as J.S.D. from the School of Law (Boalt Hall), University of California, Berkeley, the United States. Dr. Song has broad academic interests covering ocean law and policy studies, international fisheries law, international environmental law, maritime security, and the South China Sea issues. He has been actively participating in the Informal Workshop on Managing Potential Conflicts in the South China Sea (the SCS Workshop) that is organized by the government of the Republic of Indonesia. He convened Academia Sinica's South China Sea Interdisciplinary Study Group and the Sino-American Research Programme at the Institute of European American Studies. He is a member of the editorial boards of Ocean Development and International Law and Chinese (Taiwan) Yearbook of International Law and Affairs. He has frequently been asked to provide advisory opinions by a number of government agencies in Taiwan on the policy issues related to the East and South China Seas. Recent publications related to the South China Sea issue include "A Marine Biodiversity Project in the South China Sea: Joint Made in the SCS Workshop Process", The International Journal of Marine and Coastal Law, Vol. 26, No. 1, 119-149; "The Application of Article 121(3) of the Law of the Sea Convention to Five Selected Disputed Islands in the South China Sea. Chinese (Taiwan) Yearbook of International Law and Affairs, Vol. 27, pp. 43-66; "The Declaration on the Conduct of Parties and a Code of Conduct in the South China Sea: Recent Actions Taken by ASEAN," Asia-Pacific Forum, No. 52, pp. 1-54; and ). "Taiwan's Participation in the SCS Regional Dialogue Mechanisms: What Actions Should Be Taken by the Ma Administration?" Prospects & Perspectives, No. 15, pp. 1-4, and a forthcoming publication, "Jurisdictional Disputes in the South China Sea: Potential Conflicts between China and the United States." China Ocean Law Journal (Dec. 2012).
JAE-JUNG SUH — Associate Professor and Director of the Korea Studies Program; Academic Adviser for the U.S.-Korea Institute at SAIS, Johns Hopkins University
Jae-Jung Suh is an Associate Professor at The Paul H. Nitze School of Advanced International Studies. He also serves as an Academic Adviser for the U.S.-Korea Institute at SAIS. He earned his Ph.D. from the University of Pennsylvania in Political Science. Prior to joining the faculty of SAIS, he was a professor in Cornell University's Department of Government and a visiting professor at Seoul National University. He also spent time as a research professor at Yonsei University and as a visiting scholar at Massachusetts Institute of Technology. Among numerous other awards, he has received the Fulbright-Hays Faculty Research Abroad Fellowship. His recent publications include Power, Interest and Identity in Military Alliances (2007); Rethinking Security in East Asia: Identity, Power and Efficiency (2004); American New World Order After the Cold War (1996, published in Korea); and numerous articles and book chapters on military balance on the Korean Peninsula, North Korea's weapons of mass destruction and U.S. security policies toward the Asia-Pacific region. He is currently at work on a book on the international relations of East Asia and an edited volume on North Korea.
ALEX WANG — Visiting Assistant Professor of Law, Berkeley Law, UC Berkeley
Alex Wang is a Professor at Berkeley Law whose primary research and teaching interests are environmental law, China law, and comparative law. Prior to coming to Berkeley Law in 2011, Mr. Wang was a senior attorney for the Natural Resources Defense Council (NRDC) based in Beijing and the director of NRDC's China Environmental Law & Governance Project for nearly six years. In this capacity, he worked with China's government agencies, legal community, and environmental groups to improve environmental rule of law and strengthen the role of the public in environmental protection. He helped to establish NRDC's Beijing office in 2006. He was a Fulbright Fellow to China from 2004-05. Prior to that, Mr. Wang was an attorney at the law firm of Simpson Thacher & Bartlett LLP in New York City, where he worked on mergers & acquisitions, securities matters, and pro bono Endangered Species Act litigation. He was selected to the National Committee on U.S.-China Relations' Public Intellectuals Program 2008-10, and is a member of the Advisory Board to the Asia Society's Center on U.S.-China Relations. Mr. Wang is a regular speaker on issues related to China and environmental protection, and has been an invited speaker at various institutions, such as the Council on Foreign Relations and the Asia Society. His commentary has appeared in such places as the New York Times, Huffington Post, Wall Street Journal, Los Angeles Times, Bloomberg News, China Daily, Global Times, Time Magazine, National Public Radio, Marketplace, and CCTV. Mr. Wang's recent publications include a guest edited volume of Chinese Law and Government entitled "Environmental Courts and Public Interest Litigation in China" (with J. Gao) (2010), "Environmental Courts and the Development of Public Interest Litigation in China" in the Journal of Court Innovation (with J. Gao) (2010), and "The Role of Law in Environmental Protection in China" in the Vermont Journal of Environmental Law (2007).
LITAI XUE — Research Associate, Center for International Security and Cooperation (CISAC), Freeman Spogli Institute for International Studies, Stanford University
Xue Litai is with Stanford University's Freeman Spogli Institute for International Studies. Since 1984 he has worked on the Project on Peace and Cooperation in the Asian-Pacific Region at CISAC. Xue has co-written the following books: China's Strategic Seapower: The Politics of Force Modernization in the Nuclear Age, with John Lewis (Stanford University Press, 1994); China Builds the Bomb, with John Lewis (Stanford University Press, 1988); and Uncertain Partners — Stalin, Mao, and the Korean War, with Sergei Goncharov and John Lewis (Stanford University Press, 1993). His articles include "Evolution of China's Nuclear Strategy" in John C. Hopkins and Weixing Hu ed., Strategic Views from the Second Tier: The Nuclear Weapons Policies of France, Britain, and China (University of California at San Diego, 1994); "China's Military Modernization and Security Policy" in Korean Journal of International Studies 24 (4) (Seoul University, Winter 1993); "Chinese Strategic Weapons and the Plutonium Option (U)," co-authored with John W. Lewis, in Critical Technologies Newsletter (U.S. Department of Energy, April/May, 1988); and "Strategic Weapons and Chinese Power: The Formative Years," co-authored with John W. Lewis, in The China Quarterly, December 1987). His research focuses on global and regional factors that could cause armed conflicts across the Taiwan Strait and the impact produced by the crisis upon the security and stability of the Northeast-Pacific region. He has frequently exchanged points of view with foreign security specialists and has participated in academic conferences on Northeast Asian security issues.
WEN-HSIN YEH — Walter and Elise Haas Chair Professor in Asian Studies; Richard H. and Laurie C. Morrison Chair in History; Director, Institute of East Asian Studies, UC Berkeley
Wen-hsin Yeh is Walter and Elise Haas Chair Professor in Asian Studies and Richard H. and Laurie C. Morrison Chair in History. She is also an Honorary Professor of History at Peking University. She has served as Director of the Institute of East Asian Studies since January 2007. A leading authority on 20th century Chinese history, Yeh is author or editor of eleven books and numerous articles examining aspects of Republican history, Chinese modernity, the origins of communism and related subjects. Her work has been supported by numerous prestigious extramural and UC awards, including an ACLS Senior Scholar Fellowship, a Freeman Foundation grant, a multi-year Chiang Ching-kuo Senior Scholar Research Fellowship, as well as the UC President's Humanities Research Fellowship. Her books include the Berkeley Prize-winning Provincial Passages: Culture, Space, and the Origins of Chinese Communism (University of California Press, 1996) and The Alienated Academy: Culture and Politics in Republican China, 1919-1937 (Harvard University, 1990). Her most recent publication, Shanghai Splendor (University of California Press, 2007) is an urban history of Shanghai that considers the nature of Chinese capitalism and middle-class society in a century of contestation between colonial power and nationalistic mobilization.
Ramses Amer — The Sino-Vietnamese Approach to Managing Border Disputes and the South China Sea Situation
The proposed paper will examine the Sino-Vietnamese approach to managing their border disputes and in particular the approach in relation to the South China Sea issues. The paper will first provide an overview on how China and Vietnam manage their border disputes in the period since full normalisation of their relations. The overview will include both progress made in terms of conflict management and challenges faced in terms of tension. In relation to the South China Sea the Sino-Vietnamese approach will highlight how the two countries deal with their differences and manage them. This will be followed by a discussion relating to two factors: first, the relevance and the possible implications of the Sino-Vietnamese experience; and second, the lessons drawn from it on the broader situation in the South China Sea. The paper will be concluded by a summary of the main findings.
Donald K. Emmerson — Untying the Gordian Knot: Complexity, Diplomacy, and the Imbroglio in the South China Sea
The interlocking disputes over sovereignty in the South China Sea are nothing if not complex. In different ways and to different degrees, they directly implicate seven different littoral jurisdictions. Of these, six are states de jure (Brunei, China, Indonesia, Malaysia, the Philippines, Vietnam), one is controversially de facto (Taiwan). Of the seven, all but Indonesia are considered "claimant" states. But that homogenizing label ignores the diversity of referents and justifications that motivate and warrant the different rights and entitlements that these governments assert.
Xing Hang — The Zheng Family and Chinese State-building in the South China Sea
Zheng Chenggong (1624-1662), or Koxinga, and his son and successor, Zheng Jing (1642-1681) forged a powerful state that dominated maritime East Asia from 1650 to 1683. During this period, their organization flexibly anticipated and adapted to the rise of a Eurasian framework of exchange centered upon the South China Sea that would characterize international commerce in the following centuries. After seizing Taiwan from their fiercest competitor in the sea lanes, the Dutch East India Company (VOC), in 1662, Koxinga and his son transformed the island into a natural resource base, and planned, on three occasions, to expand their realm by seizing the Spanish Philippines. During the 1670s, Zheng Jing forged new ties with Southeast Asian kingdoms and the English East India Company (EIC), providing him unprecedented access to the Indian Ocean network. Ultimately, the inability of the Zheng family's pro-Ming organization to institutionalize its autonomy led to the collapse and surrender of its base at Taiwan to the newly established Manchu Qing Dynasty of China in 1683. Nonetheless, the Zhengs left behind a profound legacy that would impact the South China Sea littoral up to the twentieth century, including a massive wave of Chinese immigration, the rise of Guangzhou as the preeminent port, and the emergence of Britain as the region's dominant maritime power.
Alexander Chieh-cheng Huang — Shifting Strategic Balance: The Rise of Chinese Influence in the South China Sea
Disputes in the South China Sea have been a mixture of long standing security, legal, and resources competitions. Maritime security has involved freedom of navigation, but commercial shipping lanes have rarely been disrupted by occasional naval clashes. Multilateral efforts in peaceful management of maritime disputes have been in progress for decades, but none of the claimants of maritime territories and waters have backed away from their legal positions. Abundant maritime resources have been estimated, but exploitations have not been concentrated in highly disputed areas.
Three decades of rapid economic development has enabled China to exert greater influence over regional economy, to build a powerful navy to back up its maritime claims, and to alter the strategic map in the region where the U.S. has dominated since the end of World War II.
Either for national prestige or for maritime resources, in recent years, China has taken proactive steps in multilateral and bilateral diplomacy, in solidify its legal claims, and in using its maritime forces in the South China Sea. The rise of Chinese maritime power has heightened regional tension, escalated anxieties of other claimants, increased probabilities of maritime dispute, and renewed the world's attention in the South China Sea.
In the South China Sea issue, Taiwan maintains the same position as China in territorial claims in the South China Sea, and for that, has been caught in double dilemmas: sharing Beijing's territorial claims while facing tremendous security threat from China; hoping to be included in all regional dialogue mechanisms while knowing the difficulties of defending a common position with China.
With its long-term control of the largest island —l Taiping in the South China Sea, Taiwan is a part of the game. In pursuit of peaceful management of the disputed waters, smaller power can play a unique role in promoting a better usage of the maritime common in East Asia.
Chong-Pin Lin — Behind the Rising East Asian Maritime Tension
By early 2009, China had been improving or having stable relations with almost all countries in the world. Then curiously, Beijing turned growingly assertive in East Asia which began to trigger a chain reaction leading to the current heightened maritime tension in the region. Domestic political dynamics both in the PRC and the US are examined in search for possible explanations. The hedging behaviors of China's East Asian neighbors are viewed in light of pragmatic necessity. Factors are explored that may prevent the eruption of uncontrollable conflicts. A few case studies of Beijing's Asian Pacific foreign policy highlight an ongoing guideline for three decades, and some recent characteristics.
Micah Muscolino — International Energy Conflict in the South China Sea: The First Phase, 1975-1980
China, Taiwan, Vietnam, Malaysia, Brunei, and the Philippines assert competing territorial and jurisdictional claims in the South China Sea, especially over rights to its (possibly) extensive oil and natural gas reserves. Conflict has recently flared between China and the Philippines in particular over exploration of and oil natural gas deposits believed to exist in the disputed Reed Bank area, a rocky shoal 250km west of the Philippine island of Palawan. The Philippines holds Reed Bank is within its 200-nautical mile exclusive economic zone (EEZ); the PRC sees it as part of the Spratly Islands, which are claimed in their entirety by China (as well as by Taiwan and Vietnam). The recent tow between China and the Philippines over Reed Bank's oil resources has heightened anxieties about a potential conflict over energy resources in the South China Sea, but not for the first time. Analogous international disputes over the Reed Bank emerged during the 1970s oil crisis, when the discovery of crude oil transformed it into a major point of contention. As in recent years, oil exploration undertaken by multinational corporations on behalf of the Philippines during the 1970s led to heated disputes over Reed Bank's oil and gas resources. Protests from China and other nations that claimed this territory prompted the Philippines to assert its own jurisdictional claims and strengthen its military presence. Diplomatic tensions flared, but outright military confrontation failed to materialize. Based on an analysis of this initial round of tensions surrounding oil exploration, this paper seeks to shed light on contemporary international competition over the region's energy reserves by critically engaging Michael Klare's influential prediction of impending "resource wars" in the South China Sea.
Ben Purser
With China's deployment of its first oil rig as a "strategic weapon" in its maritime disputes — and with seasonal fishing moratoria expiring — this spring and summer saw a rise in rhetoric over the South China Sea. Both regional and global media began to pay increasing attention to the non-military might that Beijing brought to bear in the contested waters of the South China Sea. Yet, there remained questions about the degree to which China was prepared to exploit the associated, contested hydrocarbons and fisheries. This project seeks to answer those questions by examining the breadth and depth of Chinese commercial capacity. It examines the relevant assets and processes in order to differentiate the rhetoric from the reality. By providing such context, this research seeks to shed light on whether or not recent developments in Chinese non-military might ought be seen as escalatory or not.
David Rosenberg — Problems and Prospects for Joint Resource Management in the South China Sea
Tensions over territorial disputes in the South China Sea have been rising in recent years, due to two major factors. One factor is the growing competition for scarce resources, especially hydrocarbons and fisheries. The other factor is the seemingly intractable disputes over sovereignty claims in the South China Sea. Given the high degree of regional economic inter-dependence, it is not surprising there have been numerous incidents and conflicts involving survey vessels or fishing boats on the seas. There are still no routine or well-tested ways to resolve these low-level but frequent conflicts. This presentation considers these issues, as well as the problems and prospects for joint resource management.
Shen Dingli — The Evolution of PRC's South China Sea Policy
From the beginning, the PRC inherited ROC's 11-dash-lines drawn in 1947 (that was later cut to 9-dashed-lines) and made clear that all islands and islets within the lines on the PRC side should belong to Beijing. Such drawing was much echoed by its neighbors and major powers at the time. All six Constitutions of the Philippines before 1997 had accepted that Huangyan Island didn't belong to Manila. In 1958 the PRC stated its expansion of territorial water to 12 nm per the then international law, detailing its applicability to the entire South China Sea based-islands and islets, including all Spratly and Paracel islands, which was subsequently officially accepted by North Vietnam. However, with the introduction of the UNCLOS in 1982, there emerged overlapping areas between PRC's 9-dashed-lines and the EEZ area of those ring-South China Sea ASEAN states — Vietnam, Malaysia, Brunei, Indonesia and the Philippines. Presently, there are a couple of sovereign issues at stake — beyond PRC's EEZ, what is the nature of other area of the South China Sea? How PRC's present interpretation of those overlapping areas between its dashed-lines and its neighbors' EEZs reconcile with its earlier claim? How Beijing will handle those islands and islets, used to be recognized as China's by some of its neighbors such as North Vietnam, but now under occupation by them? This talk will address recent Chinese reported assertive rhetoric and subsequent official statements which respond to international concerns. It will also suggest the trend of these developments with the background of South China Sea Code of Conduct in the making.
Yann-huei Song — The Impact of the Law of the Sea Convention on the Development of Maritime Disputes in the South China Sea: 2009-2012
Different interpretations and applications of the rules under international law, particular the United Nations Convention on the Law of the Sea (LOS Convention), between the United States and China, as well as the approaching deadline set by the LOS Convention and its 11th Meeting of States Parties (SPLOS/72) for the outer continental shelf submission triggered the long lasting maritime disputes in the South China Sea. In March 2009, China and the United States were at odds over the right to conduct military-related activities in waters beyond the territorial sea of another state without prior notification or consent, including in an exclusive economic zone (EEZ) of another country. In May the same year, disputes over sovereignty, sovereign rights and jurisdiction in the maritime zones claimed by the South China Sea countries were escalated becasue of the submission of continental shelf measurements to the UN Commission on the Limits of the Continental Shelf (CLCS) by Vietnam and Malaysia jointly and by Vietnam separately in May 2009. China considered the claims and submissions seriously infringed its sovereignty, sovereign rights and jurisdiction in the South China Sea and therefore asked the CLCS not to consider the submissions. In response, China submitted a Note Verbale to the UN Secretary-General, stating, inter alia, that "China has indisputable sovereignty over the islands in the South China Sea and the adjacent waters, and enjoys sovereign rights and jurisdiction over the relevant waters as well as the seabed and subsoil thereof." A map of the U-shaped claim, with its 9-dashed line in the South China Sea, was attached to the diplomatic note. These claims and counter-claims have made the existing South China Sea disputes become even more complicated and difficult to manage. Clearly the LOS Convention exacerbates these disputes by encouraging conflicting claims. This paper examines the impact of the LOS Convention on the development of maritime disputes in the South China Sea during the period of time between 2009 and 2012.
Jae-Jung Suh
President Myung-Bak Lee of Korea recently visited a small rock island and had a monument established there. This, and his demand that Japan's Emperor apologize for the past wrong doings during the colonial rule, irked many Japanese and led the Kan government to take a stern response. As a result, the bilateral relationship, which had seen some of the best days, quickly deteriorated to a low where the Japanese Ambassador was recalled. This is not an isolated incident in the region. Korea, Japan, and China have been entangled in various disputes and dialogues about their common past since the end of the Second World War. Rather than focusing exclusively on the recent example, I situate it in the post-war history of the region. I examine various incidents of historical contentions to assess whether these disputes condemn the region to a future of conflicts or whether they hold a future possibility of a transnational public sphere in Northeast Asia.
The South China Sea: Re-Assessing Regional Order in Asia will be held at the Institute of East Asian Studies – 2223 Fulton Street, 6th floor conference room
See section D1 on this large campus map.
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text:
Internet Advisor
No matter what the traffic level, the HP Internet Advisor WAN will
capture every frame on your network. It non-intrusively monitors and
decodes WAN, LAN, and ATM data at full line speed, without missing a bit.
In addition, it can simulate either direction of a line under test, and
process previously captured data from the buffer or from a file. The
analyzer doesnt just capture traffic when the network is working, it gives
you information when the network is broken when you need it the most.
Support for all major technologies
The HP Internet Advisor WAN allows you to monitor all major WAN and
ATM communications protocols, as well as all major LAN protocols
running over the wide area network. All major WAN interfaces are
already built into the platform. Others are available via slide-in modules.
Solve complex internetworking
problems the first time
The HP Internet Advisor WAN was
designed with one goal in mind: to
make you more effective when
isolating and solving problems on
wide area and local area networks
the first time you connect. The
HP Internet Advisor WAN lets you
connect anywhere on the network,
capture all the necessary data, and
comprehend that information as it
reveals problems and suggests
WAN testing made easy
To install, maintain, or troubleshoot
a wide area network, you need to
test for many things: physical
errors, equipment interoperability,
and traffic problems. The HP
Internet Advisor WAN offers
integrated WAN and LAN protocol
analysis capabilities, along with
BERT (bit error rate testing),
stimulus and response measure-
ments, and statistical analysis
capability everything you need
in a powerful, cost-effective test
Networking technologies
supported by the
HP Internet Advisor
Frame Relay
Encapsulated LAN over WAN
10 Mbps Ethernet
Fast Ethernet
Gigabit Ethernet
Switched Ethernet
Token Ring
Platform Specifications
300 MHz CPU with 128 Mbytes of memory.
26.4 cm (10.4 in) diagonal active matrix 800X600 SVGA standard.
3 Gbyte hard drive.
1.4 Mbyte 3.5 inch floppy disk drive.
Two Type I/II PCMCIA slots or one Type III slot.
Built-in tracking device or external mouse.
9-pin serial and 25-pin parallel port.
VGA or SVGA external monitor port.
98 and MS-DOS
Expansion slots provided via the undercradle.
Extensive test capabilities help you uncover and solve even the
most subtle WAN problems
No matter how complex your network, the HP Internet Advisor WAN has
you covered. It provides comprehensive testing capability for all major
WAN technologies, including:
frame relay, X.25, ISDN, HDLC, SNA/SDLC, PPP, and SMDS.
encapsulated LAN protocols are supported.
you can add LAN and ATM testing capability easily.
built-in interfaces include RS232/V.24, RS449/422/423, V.10/11,
DDS 4-wire, full and fractional T1 and E1, ISDN BRI and PRI, X.21, G.703
at 64 kbps, J2, DS3/E3,OC-3c/STM-1, 155 UTP, and OC-12c/STM-4c are
available as options.
The Internet Advisor offers a host of powerful test and analysis capabilities
that help you track down even the most subtle protocol problems:
decodes for the upper and lower layers of all major protocol stacks at
speeds of 50 bps to 622 Mbps.
statistics, including LAN traffic analysis over WAN, and logging of
statistics to disk.
extensive real-time data filtering (both capture and display filtering).
counting and statistics of user-definable events.
line status monitoring and statistics.
comprehensive bit error rate testing.
simulation and emulation capability.
Post processing and analysis
You can use the Internet Advisors post-capture analysis capability to view
the contents of captured data files, one frame at a time. Post-processing
display filters let you quickly zoom in on selected criteria, from the traffic
passing between specific devices to individual conversations. With
post-processing you can:
search through the data by record or by time stamp
search for events or strings
verify event-to-event timing
view protocol errors
print the current display or the entire buffer
export data to other programs
analyze statistics from the buffer data
Youll spend less time searching through frames, and more time focusing
on problems.
Simulation and emulation
To help you isolate protocol implementation problems the Internet
Advisor's high-level simulation language, or one of the many pre-written
tests, allow you to create normal or abnormal protocol behavior on
demand. A pre-written test, for example, will help you send a frame relay
PING. You simply enter the IP address and the software does the rest by
creating an IP/ICMP frame that uses the IP address to test network
operation and connectivity.
Figure 1. The HP Internet Advisor fully decodes frames and cells, and displays
all fields.
Monitor and decode upper and
lower layer protocols in real
The HP Internet Advisor WAN
monitors your network, captures
data, and decodes it in real time.
The analyzer can selectively
capture data using its 16 capture
filters, so that the memory buffer
contains just the information you
want. In addition, you can use the
analyzers display filters to search
the buffer for specific values,
patterns, or addresses.
The HP Internet Advisor fully
decodes frames and cells and
displays all fields in configurable
summary, detail, or hexadecimal
format (see figure 1). In addition,
the multitasking Microsoft
Windows-based interface lets you
view different protocol decodes,
Vitals, statistics, and other displays
simultaneously. The various data
can be printed, or stored to a file
and retrieved for later analysis.
With the HP Internet Advisors
extensive statistics software, you
wont need to spend much time
decoding individual protocol
frames. But when you do, the
protocol decodes will let you dig
as deeply into the data as you need
to go, quickly and easily. For
example, the analyzer extracts and
decodes encapsulated LAN data
automatically, without the need to
specify cumbersome offsets or
know exactly which LAN protocol
stacks are present on the link.
Network Vitals
Isolating a protocol error or tuning
a network often requires searching
through hundreds or thousands of
captured frames to decide what is
important. Even a highly skilled
troubleshooter can be quickly
overwhelmed. The Vitals feature
saves valuable time by automating
this process.
Vitals provides real-time measures
of network conditions that provide
a statistical picture of what is
happening on the network links.
Working simultaneously with
decodes, filters, and other
measurements, Vitals interprets
data traffic as it occurs
(see figure 2). This feature can be
used to identify network problems
or to assist you in optimizing the
configuration of network
components and software.
Values in the Vitals display are
given in tabular form and are
cumulative from the start of a test.
An exception is instantaneous
utilization, which is also displayed
in graphical format for a quick look
at overall usage of the network.
Vitals data are provided for both
the line (network) side and the
equipment (subscriber) side and
include such statistics as average
utilization in percent, instantaneous
utilization in percent, total bytes,
total frames, FCS errors, code
violations, frame alignment errors,
and many more.
Stimulus/Response Tests
To maximize your productivity, the HP Internet Advisor WAN combines
protocol decoding and statistical performance measurement with
powerful active testing capability.
You can execute any of the stimulus/response tests and simultaneously
monitor their effect on the network. The analyzer will continue to capture
data traffic and monitor network performance with the statistical
measurements to ensure that you do not miss a network event. Pre-written
stimulus-response tests included with the Internet Advisor can be used, for
example, to activate a link, to establish calls from the network or
subscriber side, and to generate data packets.
BERT (Bit error rate testing)
Many times problems on the network can be attributed to the transmission
medium. Although the physical medium may be good for normal data
transmission, it may not be able to handle high speed WAN data. That is
why the HP Internet Advisor WAN has a powerful built in BERT.
Figure 2. Vitals provides real-time measures of network conditions.
Traffic generation
Network faults related to traffic levels are often difficult to isolate. With
the HP Internet Advisor WAN, you never miss a frame, no matter what the
data rate. Users can generate traffic and make measurements
simultaneously, so that you can recreate problems and analyze them for
Powerful traffic generation capability in the HP Internet Advisor WAN lets
you transmit virtually any type of message or cell onto the network one
time, a specified number of times, or continuously. To generate traffic for
network simulation, you can leverage the many testing scenarios already
defined in the analyzer. Previously captured frames in the capture buffer
can be used to duplicate events or to create complex messages, and a
library of test scripts is available for building commonly used message
The Internet Advisor, with its powerful multi-tasking operating system,
lets you increase the traffic load while measuring network performance,
or reproduce a particular data sequence while monitoring the effect on
other conversations. By simultaneously generating traffic and monitoring
the network, youll be able to measure the effect of adding other devices
on overall network performance.
Use the HP Internet Advisor for all your WAN testing
LAN over WAN testing
LAN over WAN testing typically checks router and bridge configurations
for problems, and determines such things as the types of LAN traffic being
routed over the WAN, how much bandwidth is available, and how
bandwidth is being used.
The HP Internet Advisor WAN automatically extracts and decodes
encapsulated LAN data, without the need to specify offsets or know
exactly what protocol stacks are present on the link. Even complex
protocols are supported, such as RIP, UDP, and IP within X.25 inside
Frame Relay, (ANSI T1.617a, Annex G).
All major LAN protocols are supported on the HP Internet Advisor WAN,
including those for
TCP/IP AppleTalk
Microsoft LAN Manager Banyan/Vines
DECnet OSI
Additionally, the analyzer is programmed with filter templates for
commonly used applications, including Application Layer LAN and
Network Layer LAN protocols.
Figure 3. DLCI statistics and vitals.
Figure 4. LCN statistics and vitals.
Frame relay testing
For frame relay testing, the
HP Internet Advisor WAN provides
functionality for automatic DLCI
discovery with drill down
capability, DLCI statistics and
Vitals, and real-time decoding
capability for all layers of the
frame relay protocol according to
relevant RFC 1490/2427, ITU-T
Q.933 Annex A, ANSI T1.617 Annex
D and the original Frame Relay
consortium specifications (see
figure 3).
Using the Internet Advisors display
filters, you can turn the following
functions on or off:
any part of the frame relay
header or payload
line status information
LAN information
original LMI information
Annex A LMI information
Annex D LMI information
SNA/SDLC testing
In an SNA network, the HP Internet
Advisor WAN monitors, decodes,
and processes SNA and SDLC
protocols, including
LAPB address
frame type
transmission headers
request/response headers
path control
transmission control
data flow control
management services, and more
Filters and counters for SDLC layer
2 statistics and an SNA emulator
are included.
X.25/HDLC testing
The HP Internet Advisor WAN can
be used as an end station, a node on
the network, or a passive monitor-
ing device in an X.25 network to
provide a range of functionality. In
addition to the analyzers general
capabilities, it also offers:
automatic LCN discovery with
drill down capability
LCN statistics and vitals
(see figure 4)
decodes for all three layers of the
X.25 protocol according to CCITT
X.25 filters and counters
X.25 emulator with full layer 2
and partial layer 3 emulation
ISDN testing
The HP Internet Advisor WAN has
a number of capabilities for
maintaining and troubleshooting
ISDN connections on Basic and
Primary Rate ISDN circuits.
monitoring, decoding and post-
processing of ISDN and upper
layer protocols, including X.25 on
the D-channel
statistical analysis of B and D
channel activity
emulation, traffic generation, and
stimulus response tests,
including BRI and PRI tests
call placement and BERT
support of Basic Rate S, T and, U
interfaces and Primary Rate
extensive B-channel traffic
PPP testing
The HP Internet Advisor WAN provides monitoring, decoding, and
post-processing of synchronous and asynchronous PPP protocols.
Decodes include HDLC header (address, frame type, and FCS), PPP
header (protocol ID and CP code), LCP, NCP/NSCP (including IPCP,
IPXCP, CCP, and NetBios CP), PAP, and CHAP. PPP data filters allow
you to turn on or off any part of the PPP header or payload, line status
information, BOP information, or LAN information.
SMDS testing
For SMDS networks, the HP Internet Advisor WAN monitors SMDS DXI
data on T1 and E1 circuits. The analyzer provides run-time and post-run-
time examine summaries and a detailed display of the Layer 1 PLCP
decode, the Layer 2 PDU decode, and the Layer 3 SMDS header decode
according to Bellcore specifications. It also decodes encapsulated
protocols, including IP and SNAP.
Operate your test system remotely
Remote capability lets you connect the HP Internet Advisor WAN to other
Internet Advisors or to PCs using standard Microsoft Windows remote
operation software, such as pcANYWHERE. With remote operation, you
can monitor and troubleshoot WAN networks from a local console,
bringing problem-solving expertise normally available only at the central
management site to a remote location.
Leading-edge solutions when you need them
It costs your company a lot of money (and doesnt do much for your
credibility) when you get stuck with equipment that no longer meets your
needs. Because of its modular design, the HP Internet Advisor can grow
with you as your network evolves and your testing needs change. As new
applications and faster hardware come to market, well continue to
enhance HP Internet Advisor capabilities. Subscribing to the HP Internet
Advisor Software Update Subscription Service assures that you always
have the latest software releases.
Training and consulting customized to help bridge the knowledge
We know that it takes more than the best tools to keep your network
healthy. That's why we offer training and education services to help you
increase your troubleshooting effectiveness, as well as on-line technical
support and consulting when you need them. Were here to help you
HP Sales and Support Offices
For more information about Hewlett-
Packard Test and Measurement
products, applications, services, and for
a current sales offices listing, visit our
web site, http://www.hp.com/go/tmdir.
You can also contact one of the
following centers and ask for a Test
and Measurement sales representative.
United States:
Hewlett-Packard Company
Test and Measurement Call Center
P.O. Box 4026
Englewood, CO 80155-4026
Tel:1 800 452-4844
Hewlett-Packard Canada Ltd.
5150 Spectrum Way
Mississauga, Ontario
Tel:1 877 894 4414
Hewlett-Packard Company
European Marketing Organisation
P.O. Box 999
1180 AZ Amstelveen
The Netherlands
Tel:(31 20) 547 9999
Hewlett-Packard Japan Ltd.
Measurement Assistance Center
9-1, Takakura-Cho, Hachioji-Shi,
Tokyo 192-8510 Japan
Tel:(81) 426 56 7832
Fax:(81) 426 56 7840
Latin America:
Hewlett-Packard Company
Latin American Region Headquarters
5200 Blue Lagoon Drive 9th Floor
Miami, Florida 33126
Tel:(305) 267-4245/4220
Fax:(305) 267-4288
Australia/New Zealand:
Hewlett-Packard Australia Ltd.
31-41 Joseph Street
Blackburn, Victoria 3130 Australia
Tel:1 800 629 485 (Australia)
Tel:1 800 738 378 (New Zealand)
Fax:(61 3) 9210 5489
Asia Pacific:
Hewlett-Packard Asia Pacific Ltd.
17-21/F Shell Tower, Times Square,
1 Matheson Street, Causeway Bay,
Hong Kong
Tel:(852) 2599 7777
Fax:(852) 2506 9285
Technical data subject to change
Printed in U.S.A. 7/99
Hewlett-Packard Co., 1999
Connect with us!
Year 2000 Compliance
Ordering Information
HP J2300D Internet Advisor WAN
Related Literature
HP Internet Advisor LAN Product Overview 5966-0828E
HP Internet Advisor LAN Technical Specifications 5966-0829E
HP Internet Advisor WAN Technical Specifications 5967-3279E
HP Internet Advisor DS3/E3
Cells and Frames Module Technical Specifications 5968-3185E
HP Internet Advisor WAN
ISDN Test Solutions Technical Specifications 5967-5560E
HP Internet Advisor ATM Product Overview 5968-1437E
HP Internet Advisor ATM Technical Specifications 5968-1436E
HP Internet Advisor 622Vu Product Overview 5968-3996E
HP Internet Advisor 622Vu Technical Specifications 5968-3911E
HP Internet Advisor Brochure 5968-6076E
HP J2899A Software
Upgrade and
Subscription Service Product Overview 5965-5815E
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text:
By Dr. Mercola
You've seen it on the old Food Pyramid. You might have heard it from your doctor. And you've certainly heard it countless times in conjunction with just about any diet ever created: if you want to be healthy you need to drink 8 glasses of water daily.
But what would you say if you knew the 8 glasses-a-day recommendation was a myth that actually evolved from a long-forgotten obituary of a doctor who advocated drinking lots of water?
And, what would you say if you I told you that the scientific evidence for needing 8 glasses of water a day just isn't there?
8 Glasses a Day Not Backed by Science
Water is, of course, essential for your survival. Every day, your body loses water through urine and sweat. This fluid needs to be replenished, for while you can survive for months without food, without water you wouldn't last more than a few days. If you get the fluid/water replacement issue right, then you have made one of the most important and powerful steps you can in taking control of your health.
But just how much water do you need to drink to replenish what you've lost? Writing in the American Journal of Physiology, Heinz Valtin of Dartmouth Medical School notes:i
"Despite the seemingly ubiquitous admonition to "drink at least eight 8-oz glasses of water a day" (with an accompanying reminder that beverages containing caffeine and alcohol do not count), rigorous proof for this counsel appears to be lacking.
This review sought to find the origin of this advice (called "8 X 8" for short) and to examine the scientific evidence, if any, that might support it. The search included not only electronic modes but also a cursory examination of the older literature that is not covered in electronic databases and, most importantly and fruitfully, extensive consultation with several nutritionists who specialize in the field of thirst and drinking fluids. No scientific studies were found in support of 8 X 8.
Rather, surveys of food and fluid intake on thousands of adults of both genders, analyses of which have been published in peer-reviewed journals, strongly suggest that such large amounts are not needed because the surveyed persons were presumably healthy and certainly not overtly ill."
As for the origins of this now widely accepted dietary dogma, the closest reference Valtin uncovered was a brief mention in the obituary of a well-known nutritionist by the name of Fredrick J. Stare, which said he was an "early champion of drinking at least six glasses of water a day."
Interestingly, Dr. Stare, who was a professor of nutrition and the head of the Department of Nutrition at Harvard School of Public Health, was a notable friend to industry, notorious for his outspoken support for food additives and water fluoridation. He also had ties to the tobacco industry and was a strong supporter of the sugar industry; he even reportedly earned the moniker "The Sugar King" at Harvard.ii
At one point, sometime during the late '50s, early '60s, Dr. Stare went so far as to publish an article stating that claims made by the Boston Nutrition Society that white bread was devoid of nutrients and a contributor to disease were "a cruel and reckless fraud."iii In other words, Dr. Stare believed white bread to be perfectly healthy, and openly criticized those who questioned food additives or excessive sugars in the diet, which isn't surprising considering his financial ties to Nabisco, Kellogg and the Cereal Institute.
The point is … Dr. Stare is also being credited with perhaps being among the first to promote drinking 6-8 glasses of water a day as healthy, which, given the source, deserves to be questioned.
Also mentioned by Valtin was a 1945 recommendation by the Food and Nutrition Board of the National Research Council, which recommended 2.5 liters of water as a "suitable allowance" of water for most adults. They, however, pointed out that "most of this quantity is contained in prepared foods," but it could be that people interpreted this to mean that 2.5 liters of water is the right amount to drink each day. The advice was repeated again in 1948, without a scientific backing.
Of course, consuming large quantities of water has been used as a medical therapy since the 19th century, when "hydropathists" advised patients to drink copious amounts of water to cure their ills. People have long been exploring the body's need for water, as well as what the optimal "dose" appears to be … but to date there's not much compelling evidence that the "8 8-ounce glasses a day" is the be all and end all in water consumption.
Are Bottled Water Companies Behind the Push to Drink More Water?
Last year, Dr. Margaret McCartney, a general practitioner from Scotland, wrote a commentary for the British Medical Journal arguing that the advice to drink 8 glasses of water a day is "thoroughly debunked nonsense" being spread by bottled water companies in order to churn up more profit.iv She pointed out that Hydration for Health, an initiative to promote drinking more water, is sponsored and created by French food giant Danone, which produces Volvic, Evian, and Badoit bottled waters. Interestingly, even claims that the elderly and children especially need to drink more water may also be unfounded.
A study in the American Journal of Clinical Nutritionv concluded that:
"… Healthy older adults maintain water input, output and balance comparable to those of younger adults and have no apparent change in hydration status."
McCartney also pointed out research done by Professor Stanley Goldfarb, physician and nephrologist at the University of Pennsylvania, and colleagues, which also found:vi
"There is no clear evidence of benefit from drinking increased amounts of water. Although we wish we could demolish all of the urban myths found on the internet regarding the benefits of supplemental water ingestion, we concede there is also no clear evidence of lack of benefit. In fact, there is simply a lack of evidence in general."
Interestingly, Goldfarb was contacted by Danone after the paper was published, McCartney notes:
"After he wrote his article, he was contacted by Danone, and taken out to dinner by two of its representatives. They didn't try to dissuade him from his views, but they did show him a graph intimating that sales fell after the editorial was published."
Drinking Too Much Water Can be Dangerous
There's a misconception with water consumption that the more you drink, the healthier you'll be. This is true to a point, particularly if you drink water in lieu of sugar-laden beverages like soda and fruit juice, but if you drink too much water, the sodium levels in your blood may drop to dangerously low levels, causing hyponatremia -- a condition in which your cells swell with too much water. While most of your body's cells can handle this swelling, your brain cells cannot, and most of the symptoms are caused by brain swelling. This condition is most common among athletes, although anyone can be affected by drinking excessive amounts of water.
Symptoms of hyponatremia include:
Confusion Decreased consciousness; possible coma Hallucinations Convulsions Fatigue Headache Irritability Loss of appetite Muscle spasms, cramps, or weakness Nausea Restlessness Vomiting
Most People DO Need to Drink More Water
Clearly, staying well hydrated is essential. But whether or not you actually need eight glasses of water or more each and every day is questionable, because hydration needs are so individual, and vary from day to day. You may very well need eight glasses of water a day.
Drinking eight 8-ounce glasses of pure water a day may not be likely to cause you harm; it's just that the evidence is lacking on whether that is the magic number for everyone, and most likely it appears that it is not.
The reality is that many people are dehydrated and would benefit from drinking more water each day, and from making water their primary source of fluids.
It does now appear that the notion that caffeinated drinks like coffee and tea cannot be counted as part of your fluid intake, as they act as a diuretic that will dehydrate you even further, may be another mythvii -- so if you drink these beverages you can "count" them as part of your fluid consumption. However, the bottom line is that you may not need to "count" your fluid intake at all. Instead, just let your body be your guide.
Your Body Will Let You Know When it's Time for a Drink
Your body will tell you when it's time to replenish your water supply, because once your body has lost between one to two percent of its total water, your thirst mechanism lets you know that it's time to drink some water!
Since your body is capable of telling you its needs, using thirst as a guide to how much water you need to drink is one way to help ensure your individual needs are met, day-by-day. Of course, if it's hot, exceptionally dry outside, or if you are engaged in exercise or other vigorous activity, you will require more water than normal. But again, if you drink as soon as you feel thirsty, you should be able to remain well hydrated even in these cases.
The color of your urine will also help you determine whether or not you might need to drink more. As long as you are not taking riboflavin (vitamin B2, also found in most multi-vitamins), which fluoresces and turns your urine bright yellow, then your urine should be a very light-colored yellow. If it is a deep, dark yellow then you are likely not drinking enough water. If your urine is scant or if you haven't urinated in many hours, that too is an indication that you're not drinking enough. (Based on the results from a few different studies, a healthy person urinates on average about seven or eight times a day.)
Pure clean water is the ideal beverage of choice for hydration, but remember you can get valuable fluids from fresh fruits, vegetables and certain foods, like homemade broth, too.


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Deepalaya strongly believes that every child, irrespective of economic status, has the right to education. With that in mind, there is no greater travesty than children being denied education, not because they're unwilling, but because they cannot afford their books, uniforms and academic fee.
By sponsoring a child's education, you not only give the child a future, but also help reduce illiteracy and increase the child's quality of life. When you sponsor a child's education, you educate a child and all the future generations that are yet to come.
As a sponsor, you will receive regular reports and updates regarding your ward's academic and extracurricular activities.
Visit our FAQ section for more information:
Frequently Asked Questions for some common concerns


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Summer Stories is an exciting Puzzle Game and published on Apr 9th, 2013 and has been played 3,364 times and has a rating of 86% after 36 votes.
Interesting game, beautiful art work, variety pictures: all that you need for relaxing. Find five differences between two images.Click on 5 things and find different between two images. You will get points and advance to the next.


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We did end up getting a handful of snow last night as predicted and are spoiled rotten with a snow day today! Everything is closed and people are cross country skiing through the streets of the North End, and sledding where they can.
Last night L and I chased down the CNN news crew and now I'm off to go spend the rest of my day playing the in the snow, drinking hot cocoa, and making snow ice cream!


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"Mermaids: The Body Found" took over the airwaves last weekend.
The Animal Planet mockumentary premiered on Sunday and had viewers asking, 'what if mermaids really are out there?'
The special, a part of Animal Planet's Monster Week, has drawn both praise and criticism for its realistic look at what could be lurking in the deep. The show featured several 'found footage' videos and interviews with people who claim to have seen mermaids first hand.
One of these videos claims that two boys found a mermaid on the beach in 2008:
While Animal Planet went for a creep, alien-like look for their merpeople, the mythical version of mermaids in folklore often held that mermaids were of superior beauty.
The first mermaid stories appeared in Assyria, around 1000 BC. According to the legend, the goddess Atargatis loved a mortal shepherd and unintentionally killed him. Shamed, she jumped into a lake to take the form of a fish, but the water could not conceal her divine beauty. According to Encyclopedia Britannica. Atargatis took the form of half-human, half-fish.
From here, the legend of the mermaid moved to a haunting image of sirens calling out for sailors in the sea.
"Usually these legends of singing sirens were made by sailors as explanations for why they were led astray," said Natalie Underberg, a folklorist at the University of Central Florida, told the Underwater Times.
Of course the stories also could have arisen from the active imaginations of explorers and their desperate need for human contact.
The Underwater Times noted that in 1493, while sailing near the Dominican Republic, Christopher Columbus described in his log some "female forms" that "rose high out of the sea, but were not as beautiful as they are represented."
They also noted English explorer John Smith claimed to have seen a mermaid in the Caribbean in 1614. He wrote, "Her long green hair imparted to her an original character by no means unattractive. Begun to experience the first effects of love."
However, Ariel, the red-headed innocent potrayed in Disney's adaptation of Hans Christian Andersen's fairy tale, "The Little Mermaid" may be everyone' overriding image of a sea siren.
In the ordinal version written in 1837, the little mermaid exchanges her fins for feet in order to obtain an eternal human soul. She trades her tongue for her new legs, and must find true love's kiss, otherwise she will die broken hearted and turn into sea foam.
She sadly does not win the prince's love in the original version and throws herself back into the ocean. However, because she worked so hard to earn a soul, she is granted one and becomes a 'daughter of the air'.
The mermaid legend has endured for thousands of years. Perhaps out of fantasy, or maybe( just maybe) Animal Planet is on to something.


text: Despite being the black sheep in her family for certain dragon-like tendencies, Corgwyn is a sharp and self assured elfling. She has spent her youth working in trading posts to learn business/persuasion - and to stay away from her family. She has developed her arcane powers by practicing alone at night. No one knows she has them.


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- Size W:347mm×H:238mm
- Weight 40g
- Main material Soft PVC
- Other Opening for cover's back pocket
Cover on Cover is an optional, extra covering that fits select Hobonichi Techo covers to protect them from wear and tear. (Not for use directly on book.) It also provides a place to store postcards, pictures, and other decorations to spruce up the look of your cover. Feel free to fill it with family pictures, travel post cards, and other things that would cheer you up at a glance!
There's an opening located in the back so you can still make use of the back pocket of your cover.


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Product Rating
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You Are Here: Home :: Herbs & Homeopathy :: Herbs :: Ashwagandha :: St. Francis Ashwagandha
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Vega One All-in-One Shake
Vega Maca Chocolate Bars
Renew Life FloraBEAR, Chewable Probiotic For Kids (Refrigerated)
Omega Alpha Erectol, 120ml
Garden of Life Raw Organic Fit Protein Powder (New!)
Traditionally used in Ayurveda as a Rasayana (rejuvenative tonic) to relieve general debility, especially during convalescence or old age; as a sleep aid; to balance aggravated Vata (nervine tonic, sedative); for memory enhancement.
Ashwagandha is used for arthritis, anxiety, and insomnia. It is also a general tonic and "adaptogen", increasing resistance to environmental stress.
Adults: Take 2.66 ml (80 drops) of St. Francis Ashwagandha 3 times daily in a little water before meals.
|Nutrition Facts
Serving Size: 2.66ml (80 drops)
Servings per Container: ~20
|Amount Per Serving
% Daily Value
|Ashwagandha root (Withania somnifera)
|250 mg QCE (1:4)
* Percent daily values are based on a 2000 calorie diet
† Daily Value not established
Note: Serving Sizes are rounded to the nearest whole serving
Additional Ingredients: Distilled water, Grain alcohol
Allergy Information: na
Warning: Consult a health care practitioner before use if you are pregnant. Consumption with alcohol, other drugs or natural health products with sedative properties is not recommended.
The products and the claims made about specific products on or through this site have not been evaluated by Vitamart.ca or the Canadian Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease. The information provided on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging. You should consult with a healthcare professional before starting any diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a health problem. Vitamart.ca is not responsible for any statements or claims that various manufacturers make about their products or the general information provided for each product on this website. We cannot be held responsible for typographical errors or product formulation changes. Please consult with your own physician or health care practitioner regarding the suggestions and recommendations made at Vitamart.ca and especially before using any product sold on this website.


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Court Shuts Down Argument That Warrantless Seizures Of Cell Phones Is Fine Because Criminals Use Cell Phones
from the criminals-are-also-know-to-use-cash,-carry-wallets dept
The Boston Police Department advanced a rather novel legal theory in court recently: because criminals are known to use [common item X], [common item X] can be seized without a warrant. Insert any item into that equation and see what it gets you.
The specifics of the case don't make the theory any less dubious. In this case, the item was a phone owned by a high school student. An investigation of a robbery that resulted in the death of a store clerk resulted in BPD investigators believing the student might be a suspect. From the opinion [PDF] (h/t Brad Heath):
The following day, February 24, 2010, the defendant arrived late to his high school. Pursuant to the school's usual practice for all arriving students, he was searched and his "pay-as-you-go" Samsung/Sprint cellular telephone, equipped with a camera, was confiscated. That afternoon, a detective investigating the robbery-homicide met with one of the school's administrators. The administrator told the detective that the defendant had become "agitated" earlier that day and had left the school without picking up his cellular telephone. The detective notified a supervisor that the school was holding the defendant's telephone. \
Neither the detective nor the supervisor had, at that point, any information that a cellular telephone contained evidence of the robbery and shooting, but they were aware, based on their experience, that such devices often contained useful information in cases involving multiple perpetrators. The supervisor instructed the detective to seize the device without a warrant apparently on the basis of his belief that, if the defendant retrieved the device before a warrant could be obtained, he would destroy the device or erase relevant evidence. Thereafter, the device was transported to the police station, where it was logged as evidence and placed in a special bag designed "to prevent remote intrusion." Police did not search the device.
The fact that the phone could have been retrieved by the student and any evidence on it destroyed was the "exigent circumstances" used to justify the seizure. The phone actually sat around in the evidence locker for 68 days before it was searched. However, the "exigent circumstances" argument failed to salvage the warrantless seizure because the state argued it was allowed to seize anything that could conceivably be used by criminals.
Here, prior to seizing the defendant's cellular telephone, police had received information that the robbery and homicide under investigation had been committed by several people, that the defendant likely was one of those people, and that he owned a cellular telephone. They also knew from experience that coventurers often use cellular telephones to communicate with each other, and that these devices may contain evidence of such communications. According to their own statements, however, the detectives here did not have any "information that [a] cell phone was used in the crime under investigation," nor did they claim that there existed a particular piece of evidence likely to be found on such a device. In essence, then, their decision to seize the defendant's cellular telephone was made because (a) they had reason to believe that the defendant had participated with others in the commission of a robbery-homicide and (b) their training and experience in cases involving multiple defendants suggested that the device in question was likely to contain evidence relevant to those offenses.
The shorter version of this legal theory:
A criminal act was committed. Criminals often use cell phones to communicate and/or document their criminal acts. Therefore, any phone can be seized and held without establishing probable cause for the seizure. Just in case.
The court isn't interested in entertaining law enforcement's assertion that it should be able to seize electronic devices speculatively.
In essence, the Commonwealth is suggesting that there exists a nexus between a suspect's criminal acts and his or her cellular telephone whenever there is probable cause that the suspect was involved in an offense, accompanied by an officer's averment that, given the type of crime under investigation, the device likely would contain evidence. If this were sufficient, however, it would be a rare case where probable cause to charge someone with a crime would not open the person's cellular telephone to seizure and subsequent search.
Noting the Supreme Court's Riley decision, as well as other cases relevant to this search and seizure of cell phones, the state court finds that allowing this argument to salvage the warrantless seizure would turn the Fourth Amendment into a meaningless pile of words.
We cannot accept such a result, which is inconsistent with our admonition that "individuals have significant privacy interests at stake in their [cellular telephones] and that the probable cause requirement . . . under both the Fourth Amendment . . . and art. 14 . . . [must] serve[] to protect these interests." '
Furthermore, it finds that the 68-day gap between the seizure and search was unreasonable. The state argued that the investigation was "complex," but the court points out investigators obtained five other search warrants during that same time period.
Even if it had been more timely in its acquisition of a warrant, that still wouldn't have been able to rescue the evidence it located on the suspect's phone. Because the underlying seizure was performed without probable cause, the use of a warrant for the search did nothing but create a paper trail for "poisoned fruit."
Hopefully this reversal will deter future seizure attempts by state and local law enforcement. Without the ruling in place, anything from cars to computers could end up being taken and held by police under the assumption that criminals use such items. That's not probable cause. That's not even reasonable suspicion. It's fishing expeditions waiting to happen and speculation taking precedent over Fourth Amendment protections.
Filed Under: 4th amendment, criminals, mobile phones, search, warrants


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More information on Commwarrior.C
It certainly does lots of things, and none of them are nice. This is probably the most dangerous mobile phone virus we've seen so far. Luckily it doesn't seem to be widespread.
Commwarrior.C spreads over Bluetooth in same manner as earlier variants, but the MMS functionality however is quite different.
First of all, Commwarrior.C goes through the address book and sends messages to numbers found in there, just like A and B variant did. But in addition, it also mimics the users MMS behavior. Commwarrior.C listens for any arriving MMS and SMS messages and replies to them with infected MMS! And when user sends a SMS message, Commwarrior follows this by sending immediatly a second message to the same address: an infected MMS. F-Secure : News from the Lab
Back to: PC Security, privacy news


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The Wellness WEFC5 countertop UV toothbrush sanitizer eliminates up to 99.9% of bacteria such as E. coli and staphylococcus, mold, spores and viruses hanging around your toothbrush. The WEFC5 is the perfect addition to your normal cleaning routine. Features a safety switch which automatically turns the light on when the case is closed and off when it is open. This nifty little gadget can accommodate up to four conventional toothbrushes, electric and children-sized toothbrushes. It doubles as a holder for your toothbrush and an UV light toothbrush sanitizer at your home. Please note that the WEFC5 is made to be used before you brush when your toothbrush is dry.
Why Use UV Light
Ultraviolet radiation is used to kill microorganisms, molds and fungi in various environmental applications. UV sterilization is used for air-purification systems, water purification, aquarium and pond maintenance, laboratory hygiene and food and beverage protection. Ultraviolet light is useful for targeted elimination of microorganisms. UV leaves no residual chemical or radiation and does not harm humans. The treatment works well with airborne and waterborne pathogens.
How UV Light Works
Ultraviolet light kills microorganisms by damaging their DNA. UV radiation disrupts the chemical bonds that hold the atoms of DNA together in the microorganism. If the damage is severe enough, the bacteria cannot repair the damage and the cells die. Prolonged exposure to UV light helps ensure complete kill-off of all microorganisms. Ultraviolet light penetrates the cells, but does not alter the water, air or food being treated. Nothing is added except energy.
Blue WEFC5B, Orange WEFC5O, Yellow WEFC5Y