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UK payday lenders face crackdown
Beyond effective legal scrutiny In the 67-page filing, the appellants argue that the communications interception is in direct violation of Article 8 of the European Convention of Human Rights , Europes rough analog to the Fourth Amendment to the US Constitution, which protects against unreasonable searches and seizures. Unlike the Fourth Amendment, however,Article 8 specifically carves out a national security exception. It states: Article 8 Right to respect for private and family life 1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. In their filing , the appellants argue that because the newly revealed data collection is indiscriminate, it cannot possibly be subject to any sufficiently precise or ascertainable legal framework and is beyond effective legal scrutiny. More precisely: In effect, the power to obtain and use external communications data by means of intercept is unfettered in published law, as long as it is thought broadly to be in the interests of [national] security or other of the specified generic purpose. There are no adequate criteria by which a court of tribunal could assess the legality of use of any particular intercept material even if the courts had jurisdiction to do so, which they do not. Holding the powerful accountable Nick Pickles, director of Big Brother Watch, said in a statement that British laws have been interpreted far more broadly than how they originally were intended. The laws governing how Internet data is accessed were written when barely anyone had broadband access and were intended to cover old-fashioned copper telephone lines, he said. Parliament did not envisage or intend those laws to permit scooping up details of every communication we send, including content, so its absolutely right that GCHQ is held accountable in the courts for its actions. The court, which is composed of 47 judges from each of the member states of the Council of Europe, may take months (or years) to render a decision. However, this case likely will be heard by a smaller committee composed of three or seven judges. The ECHRs own flow chart shows a long process (PDF) that likely awaits this application, along with the 50,000 other new applications that it receives each year. The timetable is for the court, but I would hope for the case to be formally communicated to the UK within a couple of months, Daniel Carey, the chief solicitor in the case, told Ars.
UK shows evidence of changing culture in near-comeback
3-16 2-15 RUSHING: Kentucky-Jalen Whitlow 17-69; Jojo Kemp 12-40; Raymond Sanders 7-14. South Carolina-Mike Davis 21-106; Connor Shaw 9-50; Pharoh Cooper 2-26; Shon Carson 3-7; Dylan Thompson 1-minus 5; TEAM 3-minus 6. PASSING: Kentucky-Jalen Whitlow 17-24-0-178. South Carolina-Connor Shaw 17-20-0-262; Dylan Thompson 1-3-0-13. RECEIVING: Kentucky-Javess Blue 4-62; Ryan Timmons 4-36; Jordan Aumiller 3-34; Alex Montgomery 2-16; Anth. Kendrick 1-16; Jojo Kemp 1-9; Dem. Robinson 1-4; Jeff Badet 1-1. South Carolina-Damiere Byrd 5-98; Mike Davis 3-54; Jerell Adams 2-50; Nick Jones 2-21; Rory Anderson 2-18; Pharoh Cooper 1-12; Kwinton Smith 1-8; Bruce Ellington 1-7; Shon Carson 1-7. INTERCEPTIONS: Kentucky-None. South Carolina-None. FUMBLES: Kentucky-None. South Carolina-Bruce Ellington 2-1. SACKS (UA-A): Kentucky-Jason Hatcher 1-0; Blake McClain 1-0; Alvin Dupree 1-0.
View gallery A new UK financial watchdog has unveiled curbs on payday lenders it will bring in next April when it takes responsibility for the A2 bn sector (AFP Photo/) October 3, 2013 5:45 AM London (AFP) – A new UK financial watchdog on Thursday unveiled curbs on payday lenders it will bring in next April when it takes responsibility for the A2bn a year sector. Lenders will have to carry out an affordability check on borrowers and will only be able to roll over loans — when borrowers pay a fee to delay paying them back — twice, the Financial Conduct Authority (FCA) announced. It plans to limit what lenders can say in adverts and will have the power to ban any misleading campaigns. In the wake of claims that some lenders are draining cash from borrowers’ accounts to make sure they get their interest repayments, they will only be able to debit two payments over the course of a loan agreement. “The clock is ticking,” said Martin Wheatley, the FCA’s chief executive. “Today I am putting payday lenders on notice: tougher regulation is coming and I expect them all to make changes so that consumers can get a fair outcome. The clock is ticking.” Next April, the FCA will take over from the Office of Fair Trading as regulator of 50,000 consumer credit firms, which also includes businesses providing overdrafts, credit cards and debt advice. The OFT, in a recent investigation of its own, found “deep-rooted” problems in the payday loan industry, including that some businesses models were based on giving loans to people who cannot afford to pay them back. The Competition Commission is currently investigating the payday loan industry and is due to report at the end of next year. The FCA’s new rules were welcomed by Martin Lewis, founder of consumer help website MoneySavingExpert.com. “Parasitical payday lenders have taken over our high streets in the last five years. Our lax rules have made the UK a crock of gold and they’ve flooded in from across the world,” he said.
USC-UK box score
“We knew – and we talked about it all week – that they would start fast here at home. A team that can get you off balance and strike very quickly, they did that early.” Taking a cue from their coach, the Cats were undeterred. UK mounted a spirited rally, outscoring South Carolina 28-14 over the final 44:20. Twice the Cats climbed to within a single score in the fourth quarter, but the comeback bid was finally foiled when the Gamecocks picked up a pair of first downs on their final drive to salt away the 35-28 win. Stoops has little interest in moral victories, but even he couldn’t help but be pleased by the way his team responded to the largest deficit it has faced all season. “I was proud of our team because we did talk about it and prepare for it and if they did, we would stay in there and not flinch, take their best shot and battle back and have an opportunity to make plays in the fourth quarter to win the game,” Stoops said. “I was proud of the fact that we were in position to do that and very frustrated that we did not do that.” The play weighing most on his mind was a third-and-3 on South Carolina’s final drive. Stoops expected a read-option with Connor Shaw potentially handing to Mike Davis, so the Cats blitzed. Davis got the ball and appeared hemmed in, but managed five yards to prolong the possession and keep the ball away from Jalen Whitlow and the suddenly hot UK offense. For the first time this season, UK used a single quarterback from start to finish and the change paid dividends. With Jalen Whitlow running the show, the Cats had some early hiccups on offense. Stoops, however, resisted the urge to make a switch to Maxwell Smith. “I gotta admit: I was thinking about some things in the middle of the game,” Stoops said. “I said, ‘No, let’s go with it and see where we’re at.’ ” Whitlow and the young group of skill players surrounding him rewarded their coach’s patience.