* Prof. Hyland -Base-station Jan2003 - Newman's lawyers to file appeal on cancer suit by JEFFREY SILVA - Health hazards of cell phones and cell towers - Re: MICROWAVE MIND CONTROL - Meeting on phone mast danger - Greenpeace Activist News, Vol. 3, No. 1 (21/1/03)
Dear Klaus,

Please replace the document of the same title, but dated December 2002, with the version I now attach.

Base-station Jan2003

Many thanks,

CI Omega: GJH = Prof. Dr. Gerard Hyland

Newman's lawyers to file appeal on cancer suit

* January 20, 2003

WASHINGTON-Health litigation enters a new phase this week as lawyers for Christopher Newman file the opening brief with a Richmond federal appeals court in their challenge of U.S. District Judge Catherine Blake's dismissal last year of an $800 million cancer lawsuit against Motorola Inc.

Newman, a 42-year-old neurologist forced out of work after being diagnosed with brain cancer in March 1998, is represented by the firm of high-profile trial lawyer and Baltimore Orioles owner Peter Angelos. Newman contends cell-phone use caused his brain cancer.

Blake dismissed the lawsuit Oct. 31 after ruling Newman failed to offer sufficient scientific evidence to justify sending the case to trial. Over the course of a five-day hearing last February, each side offered up scientists and experts, who provided conflicting testimony on the question of whether Newman's cell phone led to his brain tumor.

Today, there are 140 million mobile-phone subscribers. Industry and various scientists insist radiation from handsets is too weak to break chemical bonds and therefore cannot cause biological damage. Critics point to research showing DNA breaks, genetic damage, memory impairment
and effects they contend are caused by non-heating mechanisms.

At least one federal department, the Environmental Protection Agency, last September said there is "continued scientific uncertainty regarding the existence of possible non-thermal effects" from mobile-phone radiation and that it supports further research. European and Asian countries have research programs, and there are several studies are in progress in the United States.

The Blake ruling was a huge victory for the mobile-phone industry, which has been dogged by the cancer issue for a decade and faced the prospect of being hit with an avalanche of new lawsuits had the Newman case gone to a jury. Last fall's decision came at a time when wireless carriers and manufacturers were being pulverized by Wall Street and feeling the squeeze of an economy that struggles to overcome the overhang of a possible war with Iraq, lackluster corporate earnings, heavy debt and soft consumer demand.

"Judge Blake delivered a rather powerful decision in that case that should be difficult to challenge on appeal," said Norm Sandler, director of global strategic issues at Motorola.

Though health litigation barely has a pulse, industry is not completely out of the woods. Nine brain-cancer lawsuits-six of which were transferred to Blake in December by the Judicial Panel on Multidistrict Litigation-remain. In addition, a cancer lawsuit against industry in a Nevada state court is still alive and at least two workers' compensation cases filed by former mobile-phone employees are pending.

Of immediate concern to industry is whether Blake dismisses a handful of class-action lawsuits that claim industry failed to disclose to consumers that mobile-phone radiation could cause biological damage, undercutting their ability to decide, for example, whether to purchase a headset or even a cell phone.

The headset cases are ripe for a ruling.

A Newman attorney declined to comment on a strategy to be employed in the U.S. Court of Appeals for the Fourth Circuit, viewed as one of the most conservative federal benches in the country. The Newman brief should be filed Tuesday. Motorola's brief is expected to be filed some 30 days later. Newman could file a response to the appellee's brief if it chooses two weeks afterward.

Even before briefs are filed, there is a dispute over exactly which firms are part of Newman's appeal. In December filings with the court, No. 1 mobile-phone carrier Verizon Wireless Inc. and its parent company, Verizon Communications Inc., asserted they are not adverse parties in the appeal because Blake dismissed them as defendants. Likewise, SBC Communications Inc., co-owner of Cingular Wireless L.L.C., said it should not be a party to the appeal because it too was dismissed by Blake as a defendant in the Newman lawsuit.

At a minimum, Newman's lawyers are expected to argue that Blake abused her discretion in excluding their side's expert testimony while accepting that of the defendants. That could be tough. The 1993 Supreme Court standard for scientific testimony sets up federal judges as gatekeepers for evidence and accords them broad leeway insofar as admitting or dismissing evidence.

Also up for challenge on appeal is Blake's refusal to certify Nationwide Motor Sales Corp. as a defendant in the lawsuit. Had Blake done so, Newman presumably would have had grounds to get the case sent back to state court. Nationwide is a Maryland company that sold Newman his cell phone.

Message from Jeffrey Silva

Health hazards of cell phones and cell towers

For those who want to know about the health hazards of cell phones and cell towers, please see the following. There are thousands of references, sites, and books that discuss the health hazards of micro-wave radiation from different sources, including cell phones and cell towers.


Also, see the following book published in 2001:

"Cell phones: invisible hazards in the wireless age," by George Carlo and Martin Schram. New York: Carroll & Graf, 2001.

Phone companies make untruthful assurances. This is yet another DDT story. In the 1950s to 1970s, DDT was advertised as the safest pesticide. Only in the 1990s DDT was banned since it was determined as very dangerous to health.

We do not have problem with people who use cell phones, either for convenience or to harm themselves. But, why should those who do not use cell phones get the second hand radiation from cell towers. Ten years ago, people lived happily without cell phones.


Informant: antennabusters



Informant: John Mecca

Monday, 20 January, 2003, 12:06 GMT

Meeting on phone mast danger

An open meeting is offering Oxford residents the chance to ask questions about the safety of mobile phone masts.

The meeting, at 1800 GMT on Monday at St Aldates, has been arranged to allow residents to hear future installation plans and to address health and safety concerns. Those present will include representatives from the telecommunications industry and the Mobile Operators Association.

Speakers will include local experts Professor Blakemore and Professor Swerdlow, who have published a report into mobile phone masts.


Informant: Robert Riedlinger

Greenpeace Activist News, Vol. 3, No. 1
21 January 2003


Dow Chemical seems to think it can safely ignore the suffering of thousands of people in Bhopal who live with the contamination caused by the factory its Union Carbide subsidiary abandoned following the worst industrial accident in history. Despite receiving over 15,000 emails and many thousands of postcards and letters urging it to clean up Bhopal the company still insists the abandoned factory is not its problem. That is why we need your help to call Dow on Wednesday and tell them to clean up Bhopal now!

Dow has an free phone ethics line open 24 hours a day to deal with any ethical concerns you may have about the company.

The free phone number and further details will appear on the Greenpeace front page here:

http://www.greenpeace.org/ on Wednesday morning Central European time.

We would love to hear back from as many people as possible about your call to Dow and if you have sound recording equipment an mp3 sound file of your call. You can send your details by replying to the cybercentre article which will appear here on Wednesday morning:


Here are two fun example calls you can listen to:


If you want to find out more before the call visit our section on Bhopal:


Or if you need some motivation see how Dow is suing the Bhopal survivors rather than helping them:



Every day brings a new development that seems to bring the world closer to war in Iraq. Surprisingly, one major force for peace could be the United Nations Security Council. Surprisingly, because the Bush administration originally seemed to have little respect or time for the United Nations. However, polls show that the US public, like most people around the world, places more faith in the United Nations than do Bush and his oil industry supporters.

So the Bush administration may need to go back to the UN Security Council before beginning a war in Iraq. If it does, Greenpeace believes that the Security Council should say No to a war in Iraq. There are many reasons for this, but one is that Iraq is not currently threatening the United States, and under international law, the United States cannot claim legitimate self defence.

But will the UN Security Council stand up to the Bush adminstration? In this time of global crisis, please write to the UN ambassadors that sit on the Security Council and ask them to uphold international law and refuse to approve a war in Iraq. You can use this link:


To find more information and more to do, please take a look at this article:



The Finnish state owned logging company Metsahallitus is planning to start logging the old-growth forests of Malahvia, in the north eastern part of Finland close to the Russian border. Metsahallitus plans to commence both clearcutting and selective logging in the area despite clear scientific evidence about the high biological value of the Malahvia forest.

Please write to the three biggest customers of Finnish forest destruction, StoraEnso, UPM-Kymmene and M-Real and ask them to say "NO" to ancient forest destruction using this link:



Only a few hundred North Atlantic Right Whales survive off the eastern coast of North America. Please read this action alert for more details and send a letter to the US National Marine Fisheries Service by the 21st of January to support an Ocean Conservancy campaign to expand its protected habitat:



The cleanup of some 25,000 tonnes of oil from the sunken Prestige oil tanker continues along the coasts of Spain, France and Portugal. But single hull tankers are still a permanent presence in the region. Greenpeace activists boarded the single hull oil tanker Vemamagna in Algeciras Bay, Gibraltar on the 20th of January climbing the mast with banners reading "Oil Hazard" in English and Spanish.

Find more here:



Please don't forget to visit the Greenpeace Cyberactivist Community at: http://act.greenpeace.org

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