Friday, January 04, 2008

Internet Anarchy

Once again here is an example of how Free Speech and Freedom of the Press on the Internet runs counter to the State and it's laws. And as usual shows that the State is one step behind. Those who would censor for good or evil, will of course decry this situation.While those who believe that the public has a right to know, which was the purpose of the press and the idea of free speech even back in the good old days of Gutenberg, runs counter to those who would limit our knowledge of events in order to protect....whom??!!

In this case the publicity forced the State to reveal the victim of a horrible crime. But of course the alleged attackers remain cloaked in secrecy. And even if found guilty, depending on their ages, we may never know their real identities.



Toronto police say the use of a Facebook web site in the Stefanie Rengel case highlights the futility of imposing publication bans and that something needs to be done to update the law.

Under restrictions imposed by the Youth Criminal Justice Act, media outlets were banned from identifying either the victim or two teenagers accused in the girl's death.
Despite the ban, all three identities, including pictures, are being freely posted on Facebook, which is against the law.
Stefanie Rengel, 14, died New Year's Day in hospital of stab wounds after being found bleeding on the sidewalk near O'Connor Drive and St. Clair Avenue by a passerby.Stefanie Rengel, 14, died New Year's Day in hospital of stab wounds after being found bleeding on the sidewalk near O'Connor Drive and St. Clair Avenue by a passerby.
(Family Photo)
Police and legal experts are concerned that those actions might affect the right to a fair trial for a teenaged boy and girl charged in Rengel's death.
The 14-year-old died New Year's Day in hospital of stab wounds after being found bleeding on the sidewalk near O'Connor Drive and St. Clair Avenue by a passerby.

Mark Pugash, spokesman for the Toronto Police Service, says the Rengel case is a perfect example of how Facebook can often interfere with the rule of law.
"We simply have no control," he said. "I think what the events of the last few days have shown is that there are many people who are part of the criminal justice process who have to look and see whether changes are necessary."
Police released the name of the victim Thursday after obtaining the consent of her parents, as required by the Youth Criminal Justice Act.
Legal observers say the case shows the law's inability to keep up with those who wish to express themselves on the internet.

Why ban the name of the victim? And being the child of police officers it is clear that they released their daughters name despite the YJCA.

After all even in regular criminal cases the assumption is that those charged are innocent until proven guilty, which is why the media use the term alleged. Well they are supposed to but often they don't. And of course the public often assumes that someone charged is guilty. But that doesn't mean that we don't publish names of the accused. So here is the contradiction for the Conservative Law and Order Government. They changed the age of consent to 16, they dropped the age that one could be charged as an adult for murder to 10 but we still have a press ban on naming teen agers involved in violent crime. Worse we may also have a ban on explicit details of a case as was the situation in the Homolka/Bernardo case. A case that showed the powerlessness of the court injunction on the media which was swept aside by internet reporting.

Now with Facebook, Myspace and other instant social networking sites, let alone blogs, websites in other countries, anonymous posting, etc. the attempt to restrict public knowledge of crimes makes a mockery of the law. After all who do you sue? Who do you jail? And why would you. In this case the Facebook site actually forced the situation into the public light. A light under the bushel. And the public interest is better served than by the injunctions and restrictions of the courts.


This is not the only recent case of teen deaths by teens using knives in Toronto so instead of hiding the name of the victim and the alleged attackers why not reveal all. And while we are at it why not reveal why we suspect such crimes are happening, rather than leaving it in the dark and thus open to all kinds of conspiracy theories and unsubstantiated suppositions. That is the real danger of the stupidity of this youth law and court restrictions.

In fact it is also the problem with criminal courts in Canada, they remain a British Judicial process rather than a libertarian one, that is one based on a jury system. Instead youth courts remain a Judicial prerogative, one operated as a closed system of lawyers, judges and severely lacks public scrutiny or access. Decisions made behind closed doors in secrecy are a bad thing, regardless of the judgment. Anything that opens up this closed system to public view is a good thing.

The final irony is that the very law that is being exposed as impotent is further cuckolded by the fact the Facebook posters themselves are teenagers.

Martha McKinnon, executive director of Justice for Children and Youth, says the answer is education. She says many Facebook users are teens and may not even know they are breaking the law.
"Neither the federal nor provincial government have invested any resources into educating the public about why we have these confidence provisions [in the Youth Criminal Justice Act]; what they are for ... so that people will actually know what the law is," she said.
Unlike the justifiable confidentiality of names of rape victims, which is what the YCJA is based on , this has turned out to be a disastrous decision when it comes to Free Speech, Free Press and the right of the public to know. It is not a matter of educating the public but of allowing the public the right to judge through a public jury process. Which includes the publics right to know. Anything less is a cynical elitist process that concludes we are not as knowledgeable of right and wrong as those who make the laws and enforce them.

One only has to see the jury decision in the case to see that a jury is far more understanding and sensible than the court system and its professional advocates.

And contrary to Martha McKinnon's comments these young people don't need no educating about the YJCA and the impact of naming the accused as these discussions and comments show. In fact the discussion mirrors that of the adults in Canada who are also outraged by the YJCA. They are not outraged by what the act is meant to do, but what in fact it does in prohibiting the publication of the names of accused; the denial of a public trial.

It is this failure of Free Speech, and an open public trial that creates the calls for harsher penalties and the return of the death penalty.



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Displaying all 27 posts by 26 people.
Post #1
4 replies
wrote 23 hours ago.
DO NOT POST ABOUT THE TWO ACCUSED, EVEN IF YOU ARE AWARE OF WHO THEY MAY BE.

THIS WILL HURT THE CASE AGAINST THEM, AS THEY WILL NOT HAVE 'A fair and just trail'
Post #2
replied to Corey's post 23 hours ago.
'A fair and just trail' is all that we can ask, so i will respect that.
Post #3
3 replies
replied to Corey's post 23 hours ago.
May i ask.. how will us knowing their names affect their trial?
Post #4
2 replies
replied to Ryley's post 23 hours ago.
They are protected by the LAW

and as Facebook is a media source, their names cannot be published under the Youth Criminal Justice Act
Post #5
replied to Corey's post 23 hours ago.
Ohhhhh yeahhhhhh thats correct
Post #6
wrote 23 hours ago.
Lawyers are tricky and could possibly get the two co-accused off on a technicality because it is against the law to publish their name.....as unfair as that law is it is still the law......lets make sure they have what they have coming to them for Stefanie's sake. Doesn't she deserve that??
Post #7
wrote 23 hours ago.
if you know any information call 416 222 tips
Post #8
1 reply
replied to Ryley's post 23 hours ago.
Ryley,

If the accused names are posted...their lawyers can use that information during the court proceedings for the accused not getting a fair trial, and they could possibly get off for technicality reasons due to this.

I understand all of the friends are very upset and angry...but I ask that you all let the police and the courts do their jobs...please do not make matters.

Post #9
replied to Samantha's post 22 hours ago.
Alrighttt
Post #10
wrote 22 hours ago.
Apparently criminals, no matter what their age, have rights. The male accused is almost 18 years old.

IMHO They need to scrap the Young Offenders Act.

Post #11
replied to Corey's post 22 hours ago.
I agree with that. We shouldn't name the suspects at all, else we may (although I don't think it would change anything much) point out the wrong people.
Post #12
wrote 21 hours ago.
The Young offenders Act needs to be reviewed.the age of a younge offender should be at the max..be 12 anyone older knows right from wrong...so the young offender gets off ...if it was lowered then all would be charged as adaults.
Post #13
1 reply
replied to Corey's post 21 hours ago.
Relax Corey, posting their names will not hurt the case. I know this for sure. They have compelling evidence against the young man..he is definitely going down no technicalities on first degree murder. I am glad people are posting the two murder's names.
Post #14
replied to Mary's post 21 hours ago.
Mary
The kids deleted the name of the killer and are afraid to post up his facebook page and that of his co-accused.
Post #15
wrote 20 hours ago.
I'm a Dad... I wish I could empathize, but I can't. This is a tragic path that only the rengel family and friends can endure. But as for contaminating the case against the two accused, I think they would be safer locked up for the rest of their lives. I feel for the parents of the accused, because they REALLy have to question themselve's where they went wrong? I can't grasp why some 17 year old would need to carry a knife? That decision to carry a knife makes him accountable and simply guilty. Save tax payers money and locked the murderer (s) up! And if they get off on some technicallity that some overpaid lawyer figures out. We are the people of Toronto, Ontario, Canada in whole. Should not accept the death of a 14 year old innocent girl.... If I was the father of the accused, i would have to stand by my child, but not hold his hand. I'm truly saddened and sorry their loss's. Yes change the Youth Criminal Act (yesterday!)
Post #16
1 reply
replied to Corey's post 20 hours ago.
It can effect the trial so don't do it just to be safe. They can say the Jury pool was contaminated, if evidence gets out they can find it inadmissable.

I think with first degree muder if you are over 16 ( maybe 17) they automaticaly try (sp) you as an adult. If not they will definatly go for it in this case.
Post #17
replied to Heather's post 20 hours ago.
Can you post the names of the "convicted"? meaning... after the trial, when the accused are found guilty? That's what I would like to do.
Post #18
wrote 20 hours ago.
Their names should be made public,why should they be protected in any way,shape or form.Do the crime....do the time
The young offenders act needs to be scrapped ! This is where the problem lies these young kids know they are protected under the young offender act so they feel they have no worries....B.S. to that
These kids do not deserve to be protected after taking an innocent life
My hope is that they will ROT IN HELL !!
Post #19
wrote 19 hours ago.
As a father, I am saddened by hearing a young life taken away like this.

God bless the family.
Post #20
wrote 18 hours ago.
The ppl that are saying not to post the names of the young offenders are right if it gets out to the publice they can use the fact that they didnt get a fair and just trail everyone that knows the ones that are being charged with the murder should just keep it to themselfs that way u dont get yourself invloved................ thats why they have the young offenders act to help portect there rights.......i know it sounds unfair but thats the way the law works
Post deleted 3 hours ago.
Post #22
wrote 18 hours ago.
Please anyone - as a friend of the family - I am begging you that if you have any information - including statements made by the accused in the past - please come forward with that information - no matter how minor you think it may be. If you are afraid - please call 416-222-TIPS which is a confidential tip line. Just think about how it would feel if it were your sister and people weren't coming forward to help.
Post #23
replied to Liz's post 10 hours ago.
Liz
the one and only reason the media is not saying the names of the accused is because of their age.

Any time an adult is charged with anything, their name and charge is public record right away.

Just go to the web site of any police department and look at their press releases.
Post #24
wrote 8 hours ago.
OK, so we hide their identities, and then it turns out they ARE guilty, and they are protected by the law, and nobody can touch them!?
Canada needs to take some pointers from some mid eastern legal systems, our gov't is too leanient on murderers.
Post #25
1 reply
wrote 7 hours ago.
I just wanted to put in my two cents, because I know how angry everyone is and how much you are all hurting right now...my 16 year old best friend was murdered by young offenders that we grew up with and knew..they were protected by the young offenders act - we couldn't publish their names...The one who actually shot her (in her own home) was tried as an adult and when he was convicted, his name was allowed to be released to the media..you may remember recently he was up for parole - Junior Johnson.
Be patient, it looks as though adult trials are on the way and the names will be made public if they are tried as adults...I know how much you hurt right now and how angry you are at the accused, but you really don't want to give them any ammo to say their rights were violated by publishing thier names.
Our laws SUCK and we need to change them...
THESE PEOPLE DO NOT DESERVE TO BE PROTECTED!
THEY TOOK A BEAUTIFUL YOUNG LIFE AND THEY NEED TO GO AWAY FOREVER!

If you would like, I invite you all to join my group where we are petitioning for changes to the Youth Criminal Justice Act and changes to the laws concerning convicted murderers and parole eligiblity.
http://www.facebook.com/group.php?gid=3652565113

Let's not just talk about the need for change - let's do something to effect it!
Post deleted 2 hours ago.
Post #27
replied to Michelle's post 7 hours ago.
"Let's not just talk about the need for change - let's do something to effect it!"

I agree Michelle! Something has to be done. Eighty-four murders in Toronto last year was far too many. Why are people carrying weapons? The murder of Keyon Campbell was in my neighbourhood. Just before that another murder less then 1 kilometer from my home.

Last years first murder of 2007 was so close to my home. Now in 2008 another murder on the first day of the year... a child! The violence is all around us and we all have to step up and do something.
Post #28
1 reply
wrote 6 hours ago.
ya wanna know why the youth justice act needs to go.... cuz these two accused that we will never know the name of...will get a slap on the wrist and be out before u know it..so lets say 5 yrs from now after they are not even on probation anymore and there young offender charges are wiped clean and there gionger prints and mug shots are destroyed..... they will be ur nighbour, ur babysitter, ur new boyfriend, your sisters fiancee, ur new best friend, the love of ur life, the most amazing person u've met, the only person ur son trusts, ur pal ur buddy./... BUT THERE ALSO CONVICTED CRIMINALS OF MURDER AND U HAVE NO IDEA....cuz now that there adults and "served there time"(PETTY TIME MIGHT I ADD)... WE AS SOCIETY WILL NEVER KNOW ABOUT IT BECAUSE THEY WERE "CHILDEREN"....MIGHT I ADD READ MY "METAPHOR" AGAIN... THIS COULD HAPPEN 5 YRS FROM NOW...THINK ABOUT IT!!!!!!!!!!!!!!!!!!!!!!!
I LITERLLY KNOW PPL WHO ARE UNDER 18 THAT COMMIT CRIMES ON PURPOSE OR FOR OTHER PPL CUZ THEY GET OFF EASY....
Post #29
replied to Meagan's post 37 minutes ago.
Meagan.. as someone who knows the a lil about the system i just have to say their criminal records are not wiped clean the day they turn 18... the record is closed once there sentence is up.. and then depending on the seriousness of the crime 5-7 years after that .. (if they stay outta trouble..) the record cannot be re opened in future cases.. due to the age when commited the crime.. it stays in file.. weither the cops supposedly *destroy the files of not*
and as far as i know the information i put down in true... maybe not to the exact pin point... but majority of it is.


Displaying all 2 posts by 2 people.
Post #1
1 reply
wrote 18 hours ago.
The Youth Criminal Justice Act (YCJA) was introduced in April 2003, replacing the outdated Young Offenders Act (YOA). Under both pieces of legislation, youth are between the ages of 12 and 17 (up to the day before their 18th birthday). The YCJA is actually a "tougher" piece of legislation when it comes to murder than it's predecessor. It allows for a youth to be sentenced as an adult (which is what I believe the Crown attorneys are seeking) which can carry with it the maximum penalty of life in prison. Even though the youth is tried in a youth court, they can still be sentenced as an adult. Hope this clarifies some things for everyone. May Stefanie get the justice she so rightly deserves.
Post #2
replied to Maggie's post 8 hours ago.
First I must extend our condolances and saddness to the family and friends of Stephanie. Life will no longer be the same.
Second, the YCJA is not tougher than the YOA.

The fine points of the law are actually somewhat different.
Under section 745.1 of the Canadian criminal code which deals with persons under the age of 18 that are convicted of first degree murder and sentenced as an adult allows for parole after serving anywhere from 5 - 7 years. This is not life in prison.
A youth sentence for first degree murder provides for a maximum 6 years in custody before parole, so the Youth sentence may actually see the murderer spend more time in custody
In addition, the sentence whether adult or youth will be served in a youth facility, not a penetentiary, untill the age of 20 or in some cases 23 years of age.

Joe Wamback, Founder
Canadian Crime Victim Foundation

Displaying the only post.
Post #1
wrote 3 hours ago.
I moved to the st. clair and o'connor area oct of 2008 and since I have been living there there have been multiple shootings and now this.
I live two streets away from where stefanie was killed and that makes me afraid to leave my house at night. What could a 14 yr old possibly have done to provoke a stabbing.. My guess: NOTHING.
As the years go on teens seem to have the idea that violence is a good thing, they don't think about the consequences and it's time we opened their eyes. Since I've been at my highscool there were two shootings and a stabbing, all done by teenagers and that's what gets reported.
It's time we showed the youth of today that it's wrong to commit violent acts.
It's time that the punishments were more severe it's time to have true justice in society. Why should we go easy on them when the didn't go easy on stef.
A murderer is a murderer it doesn't matter how old you are.


Finally it once again exposes the need for real sex and family life education courses in our schools since it appears that this maybe a crime of misplaced passion, jealousy and a love triangle. The failure to deal with human sexuality and human relationships through humanistic education continues to be a fatal flaw in our public education system. Obviously the old adage of leaving such education up to parents and 'the church' has never worked and never will.
Friends of Rengel say she was the victim of a love triangle involving an ex-boyfriend. Meanwhile, one of Rengel's classmates told CTV Toronto that he heard the accused boy say he would stab the victim. The suspect allegedly shouted the remark during a cellphone conversation in the hallway of their school.
What appears as murder may have been manslaughter, and as embarrassing as the facts may be they should be made public for the good of all. Because speculation without facts is far worse and leads to a lynch mob mentality and more not less reactionary laws.

Fire The Bums

These guys are all Tories appointed by the Tory government. They are the folks who told us to tighten our belts, who closed beds and laid off staff while giving themselves golden parachutes and corporate salaries that would be the envy of those in the private sector. And they still ran up a deficit. Because they cut staff and forced existing staff to work overtime. Fire the bums. And lets demand the right to elect health boards, something the Klein government took away. Once again we suffer a democratic deficit in the One Party State.

Calgary Health Region revealed Thursday that its 2007-08 deficit may balloon to $85 million and Jack Davis will hand over the reins as president in part of a senior executive shuffle.

Davis will retain his duties as chief executive officer in the reorganization that takes effect next week.

The CHR's executive team is being pared from about 18 positions to 11 in an attempt to reduce bureaucracy and allow for quicker decision-making.

But the organizational changes are not expected to produce major cost savings at the cash-strapped CHR, leading the Alberta Liberals to call on the government to assess how the province's health authorities are spending their money.

The financial troubles at CHR -- a $2.8 billion organization that runs Calgary's medical system -- are largely related to massive staff overtime costs, worth about $63 million.

The reorganization -- which includes sweeping changes to the way CHR is structured -- isn't likely to significantly cut costs from the region's $91 million administrative budget, in part because only two executive team members have left the organization. Others who aren't part of the new executive team have been reassigned to other areas.


SEE

Legacy Of The Ralph Revolution


Transparency Alberta Style



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Winds of Change

The Iowa Caucuses last night showed that the 2008 U.S. Presidential campaign will break the mold of establishment politics. It is after all the fortieth anniversary of the winds of change that blew the establishment apart in 1968. And this Presidential campaign has all the makings of the grass roots rebellion that saw demonstrators take to the streets and activists support Bobby Kennedy in a Power to the People campaign.

Barack Obama has the Kennedy charisma and has captured the new Power to the People campaign. This showed in Iowa, with a massive increase in registered Democratic voters and their showing up at the caucuses, many for the first time. The Democratic Establishment is shaken to its core, for they back Hillary and she came in third. Even her feminist base could not be counted on, for the vast majority of those new voters were older women who supported Obama.

John Edwards whom I predicted would take Iowa, came in second, far ahead of Clinton. His populist message of bashing Wall Street, corporations and the party establishment echoed grass roots sentiments not only in the Democratic Party but in the Republican grass roots. That is why Huckabee won so overwhelmingly. Which I did predict several months ago.

Huckabee gives Kudlow and Co. on CNBC heartburn, they decry his anti-Wall Street message, ironically so does the Conservative establishment Rush Limbaugh was on Fox denouncing Huckabee, as did members of the Christian Coalition leadership. The reason is they are out of touch with their base. The days of the Moral Majority are gone, the vocal power brokers are either discredited like Ralph Reed who was caught up in scandal, or dead like Moral Majority boss Jerry Falwell.

What both Edwards and Huckabee appeal too is blue collar America, main-street. What the establishment appeals to is Wall Street. Sure the investors and bankers and movers and shakers in the marketplace are making money, but to the average American they are facing rising inflation, loss of their homes, increasing debt, lost jobs, frozen wages, lack of medicare, Huckabee and Edwards appealed to these real issues.

Obama does to, in a very personal way, and his message last night was a variation on the old Rastafarian slogan One Love, his statement was about running to unify One People, One America, this goes beyond the two America's Edwards denounces, in providing a more hopeful message. And Huckabee also uses that same language, talking about an inclusive Presidency, one that will not be bi-partisan perse, but anti-partisan. His is a message of hope as well.

The pundits and hacks are scratching their heads this morning, and the powers that be are cringing in their corners wondering how they can rally support behind the establishment candidates; Clinton and Romney. They are out of touch with their base. They are aloof from blue collar/white collar workers in America. This is a working class revolt in both parties.

Sure Republicans are concerned about abortion and gay marriage, but they are also concerned, as Huckabee tells the party bosses, loss of jobs due to globalization, rising interest rates, lack of health care, eduction. Just like their Democratic counterparts do. One listens to Johnny Cash the other listens to Steve Earle, what happened in Ohio last election, where the working class vote, the union vote was mobilized around values issues, abortion and gay marriage, has given way to mobilization around economic bread and butter issues. Fair Trade instead of Free Trade. This is what scares the bejesuzz out of the establishment. It is Pat Buchanan's message eight years later, but delivered by both Democrat and Republican contenders without the jingoistic nativism and isolationist rhetoric.

The pundits were claiming last night that McCain would rise from the dead but in Iowa he ended up tied with a movie star for third place. Sure McCain is a challenger in New Hampshire, but in this he is the establishments fall back candidate. By far the real challenger is Ron Paul. Yes Ron Paul.

His is the under reported story from last night. Until the caucuses his campaign appeared to be internet driven. For instance in a Myspace poll he won overwhelmingly. His messaging and fund raising has all be done on the net. And he showed, as Howard Dean did last round, that the internet is an authentic alternative to corporate fund raising. Paul did what no other Presidential candidate ever did, raise record funds off the internet in one day. Not just once but three times. This is not a mere footnote folks, this is an authentic challenge to the traditional fund raising that has relied on lobbyists and tit for tat promises that Edwards has complained about and McCain tried to change through legislation.

Ron Paul has not been given the credit he is due by the pundit and media establishment. But by coming in fourth with 10% in Iowa he has translated his internet base to a real political force. Now watch him gain even more support as a viable alternative in New Hampshire. Paul appeals directly to the libertarian base that is the New Hampshire voter. Despite the state going Democrat, there is a strong independent base that Paul can and will appeal to. Expect him to come in third there. His libertarian message is appealing to the left and the right, just as a New Left Alliance arose between anarchists of the left and Republican libertarians
forty years ago

Winds of change. Expect the unexpected. And look forward to an amazing set of Presidential conventions where the grass-roots will be out in force as delegates, and they will be challenging the party establishments. Democracy never had it so good in the good old U.S.A.

This is after all the Year of the Rat.


SEE:

Huckabee: Paul is Dead.

Lieberman Endorses McCain

Huckabee A Red Tory

Republican Presidential Paul-itics

Gravel and Paul on PBS

Republican Presidential Paul-itics

Ron Paul

Ron Paul and Barry Goldwater

Liberal Republicans


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Wednesday, January 02, 2008

Huckabee Scabs


Some pundits compare Republican Presidential wannabe Mike Huckabee with Democrat Presidential wannabe John Edwards, claiming they both are pandering to blue collar populism. Well no matter what else you say of him Huckabee is definitely a Republican.

Huckabee Will Cross Picket Line
to Appear on Leno



His blue collar populism does not extend to unionized workers just their unborn children.


SEE:

Huckabee: Paul is Dead.

Lieberman Endorses McCain

Huckabee A Red Tory

Republican Presidential Paul-itics


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Black Gold


Happy New Year. 2008 the year of the great recession, it's only a matter of time. Oil and Gold have hit their 1980 values.

Oil hits record US$100 a barrel on supply concerns

Gold price breaks 28-year record to hit new peak


And if you have forgotten the eighties began with an oil boom but saw global recession, the crash of the oil and gas markets and the largest crash on wall street, 1987, since 1929.

If this trend continues, stagflation could rear its ugly head, again



Oh yes and Reagan was President of the Free World. And like Reagan the Bush regime has spent America into recession.
Analysts: Bush was big spender in early years in office

America now is officially for sale and the only folks able to bail out Wall Street are the Sheiks of Arabia and the Chinese.



SEE:

U.S. Economy Entering Twilight Zone


Purdy Crawford Rescues the Market

Sub Prime Exploitation

Canadian Banks and The Great Depression

Wall Street Deja Vu

Housing Crash the New S&L Crisis

US Housing Market Crash


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