Law and Legal
Just Ask a Librarian! – The Atlantic – Microfilm Lasts Half a Millennium by Craig Saper: “Millions of publications—not to mention spy documents—can be read on microfilm machines. But people still see these devices as outmoded and unappealing. An Object Lesson…
“I recently acquired a decommissioned microfilm reader. My university bought the reader for $16,000 in 1998, but its value has depreciated to $0 in their official bookkeeping records. Machines like it played a central role in both research and secret-agent tasks of the last century. But this one had become an embarrassment. The bureaucrats wouldn’t let me store the reader in a laboratory that also houses a multimillion-dollar information-display system. They made me promise to “make sure no VIPs ever see it there.” After lots of paperwork and negotiation, I finally had to transport the machine myself. Unlike a computer—even an old one—it was heavy and ungainly. It would not fit into a car, and it could not be carried by two people for more than a few feet. Even moving the thing was an embarrassment. No one wanted it, but no one wanted me to have it around either.
And yet the microfilm machine is still widely used. It has centuries of lasting power ahead of it, and new models are still being manufactured. It’s a shame that no intrigue will greet their arrival, because these machines continue to prove essential for preserving and accessing archival materials…”
A decade of digital dependency – 02 August 2018 – “Most people in the UK are dependent on their digital devices and need a constant connection to the internet, according to research published today by Ofcom.”
“Ofcom’s Communications Market Report is our most comprehensive study of how communications services in the UK are changing. This year it focuses on how technology has revolutionised our lives over the past ten years. 2008 was the year the smartphone took off in the UK. With the iPhone and Android fresh into the UK market, 17% of people owned a smartphone a decade ago. That has now reached 78%, and 95% among 16-24 year-olds. The smartphone is now the device people say they would miss the most, dominating many people’s lives in both positive and negative ways. People in the UK now check their smartphones, on average, every 12 minutes of the waking day. Two in five adults (40%) first look at their phone within five minutes of waking up, climbing to 65% of those aged under 35. Similarly, 37% of adults check their phones five minutes before lights out, again rising to 60% of under-35s. In contrast to a decade ago, most people now say they need and expect a constant internet connection, wherever they go. Two-thirds of adults (64%) say the internet is an essential part of their life. One in five adults (19%) say they spend more than 40 hours a week online, an increase from 5% just over ten years ago. For the first time this year, women spend more time online than men. Over the last decade, better access to the internet has transformed how we interact with each other. Two-fifths of people (41%) say being online enables them to work more flexibly, and three-quarters (74%) say it keeps them close to friends and family. The amount of time we spend making phone calls from our mobiles has fallen for the first time, as we increasingly use internet-based services such as WhatsApp and Facebook Messenger. Using a mobile for phone calls is only considered important by 75% of smartphone users, compared to 92% who consider web browsing to be important. However, for many people, being online has negative effects. Fifteen per cent of people say it makes them feel they are always at work, and more than half (54%) admit that connected devices interrupt face-to-face conversations with friends and family. More than two in five (43%) also admit to spending too much time online…”
“In a major defeat for secret money in politics, a judge ruled that dark money groups that spend at least $250 in independent expenditures—a key type of political ad—must report every contributor who gave at least $200 in the past year as well as those who give to finance independent expenditures generally, throwing out an illegal three decades old regulation that was used to avoid disclosure and changing the legal landscape for political spending. The decision in Citizens for Responsibility and Ethics in Washington (CREW) v. Federal Election Commission (FEC) and Crossroads Grassroots Policy Strategies, handed down late on Friday, declares that the law unambiguously commands more disclosure than the FEC has required in 30 years, restoring Congress’s intended full disclosure of those making contributions to groups that fund independent expenditures—ads that explicitly endorse or oppose a candidate for office. “This ruling looks like a major game changer,” CREW Executive Director Noah Bookbinder said. “Based on this ruling , the public should know a whole lot more about who is giving money for the purpose of influencing an election, and it will be much harder for donors to anonymously contribute to groups that advertise in elections.” The case stems from an FEC complaint filed by CREW in 2012 against Karl Rove’s Crossroads GPS over its failure to disclose the donors behind $6 million in independent expenditures in the Ohio Senate race. Even though Rove told a gathering of contributors that a donor had said he really liked Republican candidate Josh Mandel and had made a $3 million “matching challenge” contribution, the FEC said the contributor’s name could stay secret because he did not earmark it to pay for a specific ad. The court yesterday invalidated the regulation that decision was based on, saying it interpreted the Federal Election Campaign Act much too narrowly.
“This ruling could dramatically change the American political landscape and result in significantly more transparency,” Bookbinder said. “Major donors are now on notice that if they contribute to politically active 501(c)(4) organizations, their contributions will have to be disclosed, and if they are not, CREW will pursue enforcement cases with the FEC and, if necessary, in court.””
Associates Mind – Keith Lee: ” Back in 2014, a Twitter exchange with Judge Dillard prompted an article on AboveTheLaw discussing the reliability of Wikipedia as a resource. Last year, I updated my research here, Is Wikipedia A Reliable Legal Authority? (2017 Update). It’s 2018, so let’s see how some recent opinions cite (or reject) Wikipedia as an authority…Is Wikipedia A Reliable Legal Authority? It depends…but it’s increasingly becoming difficult to say that it isn’t. Far too many courts rely on it what is now going on hundreds of opinions. Courts can’t keep saying “Wikipedia is bad! Don’t use it!” Then cite it themselves in an opinion a few months later. At this point, every Circuit has multiple judicial opinions that cite Wikipedia as a reliable source for general knowledge. But then courts within the same Circuit will be dismissive of Wikipedia as a source of general information. There is no definitive answer. Judges seem to make determinations about Wikipedia’s reliability on a case-by-case basis. Your best bet is to know your Court. It will only take you a quick search to determine if a Court has relied on Wikipedia as an authority in the past…”
- See also Chronicle of Higher Education – Some Colleges Cautiously Embrace Wikipedia – LiAnna Davis remembers when people didn’t want to talk to her at academic conferences: “I had this woman one time who held her folder up over her head and was like, ‘Don’t let my department chair see me talking to you guys, but I’m so glad you’re here.’” Davis works for Wikipedia, the online encyclopedia that was once considered anathema to the academic mission. She’s director of programs for its higher-education-focused nonprofit arm, Wiki Education. Academics have traditionally distrusted Wikipedia, citing the inaccuracies that arise from its communally edited design and lamenting students’ tendency to sometimes plagiarize assignments from it. Now, Davis said, higher education and Wikipedia don’t seem like such strange bedfellows. At conferences these days, “everyone’s like, ‘Oh, Wikipedia, of course you guys are here.’” “I think it’s a recognition that Wikipedia is embedded within the fabric of learning now,” she said. One initiative Davis oversees at Wiki Education aims to forge stronger bonds between Wikipedia and higher education. The Visiting Scholars program, which began in 2015, pairs academics at colleges with experienced Wikipedia editors. Institutions provide the editors with access to academic journals, research databases, and digital collections, which the editors use to write and expand Wikipedia articles on topics of mutual interest. A dozen institutions, including Rutgers University, Brown University, and the University of Pittsburgh, are participating. But while feedback from the participating institutions has been positive, Davis said, some are still skeptical of Wikipedia’s presence in academe…”
“The big data revolution, accompanied by the development and deployment of wearable medical devices and mobile health applications, has enabled the biomedical community to apply artificial intelligence (AI) and machine learning algorithms to vast amounts of data. This shift has created new research opportunities in predictive analytics, precision medicine, virtual diagnosis, patient monitoring, and drug discovery and delivery, which has garnered the interests of government, academic, and industry researchers alike and is already putting new tools in the hands of practitioners. https://www.nap.edu/catalog/25197/artificial-intelligence-and-machine-learning-to-accelerate-translational-research-proceedings This boom in digital health opportunities has also raised numerous questions concerning the future of biomedical research and healthcare practices. How reliable are deployed AI-driven diagnostic tools, and what is the impact of these tools on doctors and patients? How vulnerable are algorithms to bias and unfairness? How can research improve the process of detecting unfairness in machine learning algorithms? How are other fields simultaneously advancing AI applications? How will academia prepare scientists with the skills to meet the demands of the newly transformed industry? Informed answers to these and other questions require interdisciplinary discussion and collaboration. On February 13 and 14, 2018, the National Academies of Sciences, Engineering, and Medicine convened a workshop to explore these and other questions related to the emerging use of AI and machine learning technologies in translational research. This publication summarizes the presentations and discussions from the workshop.”
“In the 2011 report to Congress on Foreign Spies Stealing U.S. Economic Secrets in Cyberspace, the Office of the National Counterintelligence Executive provided a baseline assessment of the many dangers facing the U.S. research, development, and manufacturing sectors when operating in cyberspace, the pervasive threats posed by foreign intelligence services and other threat actors, and the industries and technologies most likely at risk of espionage. The 2018 report provides additional insight into the most pervasive nation-state threats [emphasis added], and it includes a detailed breakout of the industrial sectors and technologies judged to be of highest interest to threat actors. It also discusses several potentially disruptive threat trends that warrant close attention…”
- See also – With hacking of U.S. utilities, Russia could move from cyberespionage toward cyberwar – “Even before the revelation on 23 July that Russian government hackers had penetrated the computer systems of U.S. electric utilities and could have caused blackouts, government agencies and electricity industry leaders were working to protect U.S. customers and society as a whole. These developments highlight an important distinction of conflict in cyberspace: between probing and attacking. The distinction between exploiting weaknesses to gather information – also known as “intelligence preparation of the battlefield” – and using those vulnerabilities to actually do damage is impossibly thin and depends on the intent of the people doing it. Intentions are notoriously difficult to figure out. In global cyberspace they may change depending on world events and international relations. The dangers – to the people of the United States and other countries both allied and opposed – underscore the importance of international agreement on what constitutes an act of war in cyberspace and the need for clear rules of engagement…”
- See also Axios Special report: America’s greatest threat is a hurricane-force cyberattack
- See also WSJ.com (paywall) U.S. Officials Push New Penalties for Hackers of Electrical Grid – Red line set for cyberattacks on infrastructure after Russian agents penetrated utility control room
“One of the occupational hazards of being a lexicographer on social media is that you are often subjected to arguments about whether something is a word or not. Lexicographers see these complaints and swiftly scroll right on by them, though we do sometimes indulge in a judicious (and perfectly justified) subtweet. We’ve learned that arguing with people about whether something (usually “irregardless“) is a “real word” is a Sisyphean exercise in futility, and lexicographers get enough of that at work. But that doesn’t help you, the person being hollered at on Twitter that “mines” isn’t a real word. Who better to tell you what a word actually is? So in the interest of settling all those arguments, forever (amen and amen), here is a short (senses 1 and 2) lexicographer’s guide to “real words…”
“Several years ago, we set out to better understand how both library acquisition practices and the distribution patterns of publishers and vendors were evolving over time. Within the academic publishing community, there is a sense that academic libraries are acquiring fewer and fewer books and that university presses are struggling amid declining sales. The latter may certainly be true—a recent UK study found that between 2005 and 2014, retail sales of academic books dropped by 13 percent —but what if the academic libraries that constitute part of that market were in reality not making fewer purchases? As new vendors and acquisition methods disrupt customary means of acquiring books, Joseph Esposito, Ithaka S+R’s frequent collaborator and consultant, was inspired to ask whether book sales were actually depressed, or if they only appeared to be because academic libraries were bypassing the traditional wholesale vendors whose metrics are used by university presses to assess sales to libraries for companies like Amazon. To address this question, Ithaka S+R’s Roger Schonfeld and Liam Sweeney developed a data collection method that involved obtaining acquisitions data through an integrated library system (ILS). With the help of Betsy Friesen and Michael Johnson at the University of Minnesota, we created a canned report and query that academic institutions using Ex Libris’s Alma could easily implement to extract their data and supply us with a complete list of acquisitions by fiscal year. A pilot conducted with four academic libraries in 2016 proved that this method not only yielded viable data but was also scalable. Last year we received funding from The Andrew W. Mellon Foundation, and the Library Acquisition Patterns (LAP) project was able to expand into a large-scale, national study that also incorporated data from OCLC’s WorldShare Management Services (WMS). This preliminary analysis examines book acquisitions from 54 libraries—ranging from small private liberal arts colleges to public research universities—that use WMS. We asked participants for data on their acquisitions between fiscal years 2013 to 2017.
Because start and end dates for fiscal years vary by institution, we coded fiscal years as the year when the fiscal period ends for the purpose of this analysis. While some institutions were able to provide data for all five years, most were not, and we were therefore unable to perform a meaningful longitudinal analysis of acquisition patterns in the aggregate and within sectors using WMS data alone. As a result we are focusing our findings on fiscal year 2017, the most recent year for which all participants were able to provide data on their acquisitions.”
The New York Times Magazine” is dedicated to a single article – Losing Earth: The Decade We Almost Stopped Climate Change – We knew everything we needed to know, and nothing stood in our way. Nothing, that is, except ourselves. A tragedy in two acts…This narrative by Nathaniel Rich is a work of history, addressing the 10-year period from 1979 to 1989: the decisive decade when humankind first came to a broad understanding of the causes and dangers of climate change. Complementing the text is a series of aerial photographs and videos, all shot over the past year by George Steinmetz. With support from the Pulitzer Center, this two-part article is based on 18 months of reporting and well over a hundred interviews. It tracks the efforts of a small group of American scientists, activists and politicians to raise the alarm and stave off catastrophe. It will come as a revelation to many readers — an agonizing revelation — to understand how thoroughly they grasped the problem and how close they came to solving it.”
Is it a comfort or a curse, the knowledge that we could have avoided all this? Because in the decade that ran from 1979 to 1989, we had an excellent opportunity to solve the climate crisis. The world’s major powers came within several signatures of endorsing a binding, global framework to reduce carbon emissions — far closer than we’ve come since. During those years, the conditions for success could not have been more favorable. The obstacles we blame for our current inaction had yet to emerge. Almost nothing stood in our way — nothing except ourselves.”
Majority of guns used by children in schools shootings come from homes of parents, relatives, friends.
Washington Post: “Since 1999, children have committed at least 145 school shootings. Among the 105 cases in which the weapon’s source was identified, 80 percent were taken from the child’s home or those of relatives or friends. Yet The Washington Post found that just four adults have been convicted for failing to lock up the guns used. Now, after a deadly school shooting in Kentucky, a prosecutor must decide: Should the parent who owned the weapon be charged?
…Discussions about how to curb shootings at American schools have centered on arming teachers or improving mental health treatment, banning military-style rifles or strengthening background checks. But if kids as young as 6 did not have access to guns, The Post’s findings show, two-thirds of school shootings over the past two decades could not have happened…[emphasis added]
ACLU – “For better or worse, the way Congressional districts are drawn can determine who wins elections, which communities are represented, and what laws are passed. Explore how your own district has changed (sometimes dramatically) over time.”
Most state legislatures have the power to draw new congressional district boundaries. Enter your zip code and you will be provided with the history of the boundaries in your respective district from 1953 to the present. This resource clearly identifies the history of gerrymandering in districts around the country.
“The Public Libraries Survey report, released today by the Institute of Museum and Library Services, provides a snapshot of public library use, financial health, staffing, and resources in FY 2015. IMLS also released a set of state profile reports, for each of the 50 states and the District of Columbia. Each year since 1988, the Public Libraries of the United States Survey has provided a national census of America’s public libraries. The data are collected from approximately 9,000 public library systems comprised of over 17,000 individual main libraries, library branches, and bookmobiles in the 50 states, the District of Columbia, and U.S. territories. “In today’s rapidly changing information environment, public libraries are flexing and responding to their communities,” said IMLS Director Dr. Kathryn K. Matthew. “We see this across indicators of resources, services, and usage. Our findings show robust use of reference services, the addition of more e-books and audio visual materials to collections, and increased use of public access computers, for example. Libraries are offering more programs on everything from early childhood to workforce resources, and public participation is also rising.” The 2015 report includes the following findings:
- Nearly 311 million Americans lived within a public library service area in 2015, an increase from 306 million in 2014.
- In 2015, there were 1.39 billion visits to public libraries, or 4.48 visits per person.
- Public libraries offered 4.7 million programs in 2015, attended by nearly 107 million people, 5 million more attendees than the previous year.
- Public libraries made 1.31 billion collection items available to patrons and provided access to over a quarter million internet computers.
- The number of electronic materials available through public libraries, including audio, video and e-books, continued to grow. E-books, especially, have seen significant growth, increasing from 0.04 e-book per person in 2006 to just over one e-book per person in 2015. (See table below.)..”
Meet the brave men and women standing up for their land and our environment in the face of violence and threats
Global Witness: “The food on our plates, the rings on our fingers and the wooden furniture in our homes: all too often there is a violent reality behind household items we use everyday. As agribusiness booms, tropical forests are logged and mining continues to deliver huge revenue to major global corporations, there are increasingly brutal attacks on land and environmental defenders – the men and women who dare to oppose unscrupulous governments, companies and investors profiting from their land, in what is a grossly unequal struggle…”
Prison Policy Initiative: Prisons of Poverty: Uncovering the pre-incarceration incomes of the imprisoned – “Correctional experts of all political persuasions have long understood that releasing incarcerated people to the streets without job training, an education, or money is the perfect formula for recidivism and re-incarceration. While the fact that people released from prison have difficulties finding employment is well-documented, there is much less information on the role that poverty and opportunity play in who ends up behind bars in the first place. Using an underutilized data set from the Bureau of Justice Statistics, this report provides hard numbers on the low incomes of incarcerated men and women from before they were locked up. The findings are as predictable as they are disturbing. The American prison system is bursting at the seams with people who have been shut out of the economy and who had neither a quality education nor access to good jobs. We found that, in 2014 dollars, incarcerated people had a median annual income of $19,185 prior to their incarceration, which is 41% less than non-incarcerated people of similar ages. The gap in income is not solely the product of the well-documented disproportionate incarceration of Blacks and Hispanics, who generally earn less than Whites. We found that incarcerated people in all gender, race, and ethnicity groups earned substantially less prior to their incarceration than their non-incarcerated counterparts of similar ages…”
“The number of lawsuits filed by news organizations and reporters to obtain federal government records was up sharply during the first year and a half of the Trump Administration. On an annual basis, news media Freedom of Information Act (FOIA) filings rose above 100 for the first time. This is a dramatic increase compared with levels during the presidency of George W. Bush and the first term of President Obama when the annual number of media FOIA suits usually fluctuated year-by-year between 10 and 20 filings. While FOIA suits brought by nonprofit organizations and others has also grown during this same period, news media lawsuits seeking federal government records have grown the fastest, and during the first year and a half of the Trump Administration now account for 10.7 percent of all FOIA filings. This compares with only a 3.1 percent share filed by the news media during the first term of President George W. Bush. This research, conducted for the FOIA Project by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, found a total of 91 separate news organizations and 161 reporters have brought lawsuits challenging federal government withholding since President Bush assumed office. Most of these filed a single suit. In fact, almost three out of every four (73%) news organizations and reporters on the list filed only a single suit during this entire period. A total of 12 percent filed 2 suits. And only 15 percent filed as many as three or more suits. However, these 15 percent – 38 news organizations and reporters-accounted for fully 57 percent of all FOIA suits.
Leading this list – now updated through June 2018 – was The New York Times Company with 55 suits filed. In second place was Jason Leopold, now with VICE News, who filed 46 lawsuits during this period. The Center for Public Integrity was in third place with 26 suits. Four other news organizations made the top 10 list of the most frequent filers. Buzzfeed, Inc. was in fifth place with 15 FOIA suits. Tied for seventh place with 8 lawsuits each was the Associated Press, Daily Caller News Foundation, and the Center for Investigative Reporting. Additional reporters also made the top 10 list. Beyond Jason Leopold, the most active reporters were – in fourth place – New York Times reporter Charles Savage, and in sixth place former New York Times reporter and TRAC’s co-director, David Burnham. Tied for tenth place was science writer and New York University journalism professor, Charles Seife, and Politico reporter, Josh Gerstein. The study also found that the number of news reporters filing lawsuits has rapidly increased since 2000 – from 34 reporters during the Bush years, to 86 during Obama’s two terms. And thus far during the Trump presidency already 63 different named reporters have filed suits. In contrast, the number of news organizations bringing lawsuits has dwindled – from 52 media outlets during the eight years of Bush’s presidency, to 44 during both of President Obama’s presidential terms. So far only 17 news organizations have filed suit since President Trump took office although each has filed on average 4.2 separate FOIA suits. This is up from an average of 1.5 suits each during the Bush years and 2.4 suits during the Obama period. So while fewer news organizations are active filers, they are each filing more suits.
- To read the full report with our detailed findings, including how the top ten media filers have changed over time, go to: http://foiaproject.org/2018/08/02/media-foia-lawsuits-jump-under-trump/
- The FOIA Project has also updated through June 2018 its News Media list which provides a directory of the news organizations and reporters who have filed FOIA lawsuits. This interactive tool not only identifies each media organization and reporter who has brought suit since October 2000, but provides useful details (including court documents) on each suit they have filed: http://FOIAproject.org/plaintiff-media-list/“
Spiegel Online: “In western China, Beijing is using the most modern means available to control its Uighur minority. Tens of thousands have disappeared into re-education camps. A journey to an eerily quiet region… Nowhere in the world, not even in North Korea, is the population monitored as strictly as it is in the Xinjiang Uighur Autonomous Region, an area that is four times the size of Germany and shares borders with eight countries, including Pakistan, Afghanistan Tajikistan and Kazakhstan. Oppression has been in place for years, but has worsened massively in recent months. It is targeted primarily at the Uighur minority, a Turkic ethnic group of some 10 million Sunni Muslims considered by Beijing to be a hindrance to the development of a “harmonious society.” A spate of attacks involving Uighur militants has only consolidated this belief…”
Bloomberg: “The Trump administration, taking aim at one of former President Barack Obama’s signature environmental achievements, is proposing to suspend required increases in vehicle fuel economy after 2020 and unwind California’s authority to limit tailpipe greenhouse gas emissions in the state. The Environmental Protection Agency and National Highway Traffic Safety Administration jointly proposed on Thursday to cap fuel economy requirements at a fleet average of 37 miles per gallon starting in 2020. Under the Obama plan, the fleetwide fuel economy would have risen gradually to roughly 47 mpg by 2025. They also propose to revoke California’s authority under the Clean Air Act to set rules more stringent than the federal ones limiting tailpipe greenhouse gas emissions as well as an electric-vehicle sales mandate…”
The Pudding – What 1.2 million parliamentary speeches can teach us about gender representation. “100 Years of Women in the House of Commons – This year marks a century since some women in the United Kingdom were awarded the right to vote in and stand for elections. Since then, 490 different women have represented their constituents in the House of Commons, bringing the Commons to 32% women. In this article, we follow their stories through data and identify their contributions with the help of machine learning.”
“Despite substantial research that challenges the purported cost-saving benefits of private prisons, and the bipartisan consensus on the need to address mass incarceration, from 2000 to 2016 the number of people housed in private prisons increased 47 percent, compared to an overall rise in the prison population of 9 percent, according to a new report from The Sentencing Project. Twenty-seven states and the federal government relied on private prisons to incarcerate 128,063 people as of 2016, reports Capitalizing on Mass Incarceration: U.S. Growth in Private Prisons. New Mexico had the highest proportion (43 percent) of its population held privately, followed closely by Montana with 39 percent in 2016. At the federal level, the Bureau of Prisons’ reliance on private prisons increased dramatically (120 percent) since 2000 from 15,524 to 34,159. While a recent reduction in the federal prison population helped precipitate a phasing out of private contracts during the Obama administration, Attorney General Jeff Sessions abruptly reversed the plan in early 2017. In subsequent months he has sought to expand the number of private prison beds in expectation of renewed growth in the federal prison population. The report concludes with policy recommendations, including ending for-profit prison privatization, barring transfers to private facilities far from home and removing mandated bed-quotes for immigration detention which incentive private contracts. The report, authored by Kara Gotsch, Director of Strategic Initiatives, and Vinay Basti, Intern, also includes in-depth case studies of prison privatization in Florida, New Mexico, New York, North Carolina and Texas. The profiles offer historical context about state criminal justice policies, and document the political culture, perspectives and circumstances that influenced the rise or fall of private prisons in each jurisdiction.”
Amateur cartographer Phllip Kearney created a map using US Census Bureau American Community Survey Data that he titled the United States of Apathy. He subtitles his map – “2016 U.S. Presidential election results if abstention from voting was counted as a vote for “Nobody.” The results, and the lessons that Kearney is teaching us with his detailed map are clear: Vote – if you do not – and there are far too many who do exercise the right to vote (this is not in any way to discount those who are prevented from voting) the results are clear and deeply damaging to our democracy.
Donald Trump – 21 electoral votes
Hillary Clinton – 72 electoral votes
“Nobody” – 445 electoral vote, winner