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Will your freedom and privacy be roadkill on the information superhighway?
(The Progressive, December 1994)
"Have you ever renewed your driver's license… at a cash machine? Fixed your car… with a television? Or had an assistant… who lived in your computer? You will…."
In its popular series of futuristic commercials, AT&T paints a liberating picture of your not-too-distant life, when the information superhighway will be an instrument of personal freedom and a servant to your worldly needs and desires. But is the future of cyberspace really so elegant, so convenient? Or does it represent a serious threat to your privacy and your freedom?
The information superhighway is at least a decade away for most of us, but whether you know it or not, you already exist in cyberspace—through credit and other electronic records, your phone line, and your cable television. Constitutional scholar Laurence Tribe has argued that "without further thought and awareness . . . the danger is clear and present" that the Constitution's core values will be compromised "in the dim reaches of cyberspace."
When you visit your doctor, it is increasingly likely that your medical records are kept on a computer. Many of the health-care bills introduced in Congress this year called for a national medical database to link these records. Unfortunately, law-enforcement officers could gain access to those files without even obtaining a warrant. President Nixon's henchmen had to break into Daniel Ellsberg's psychiatrist's office to pull his files. Using a national medical database, they would need only to press a button.
Of course, the Government already has large stores of sensitive personal information at its disposal. In July of this year, Senator John Glenn, Ohio Democrat, released Internal Revenue Service papers showing that its employees were using IRS computers to prowl through the tax files of family, friends, neighbors, and celebrities.
Since 1989, the IRS says, the agency has investigated more than 1,300 of its employees for unauthorized browsing; more than 400 employees have been disciplined.
But even seemingly benign information—your address in a government computer, for example—can betray you. Chris Criner volunteers as an escort for an abortion clinic in Tustin, California. After a Saturday morning of escort work in November 1992, Criner returned home to find a note on his door reading, "Hi. We came by for coffee. We'll be back." One week later, Operation Rescue picketed his apartment. Criner was mystified; after clinic work he always went shopping or took a different route home to shake any over-zealous pursuers.
Criner had noticed a new protester lately—a man scribbling notes on a clipboard. Then one protester asked about Criner's wife, a clinic worker, using her given name-not the one she was known by. On a hunch, Criner and others at the clinic filed a complaint with the California Department of Motor Vehicles and found that four of their license plates had been illegally traced within an hour of each other at the Anaheim Police Department.
A former police employee eventually confessed to intruding into the restricted files. But Criner is still chilled by the incident—particularly after the shooting deaths of two abortion providers and a clinic escort in Pensacola, Florida. "Who knows where this information went besides this one little picket group?" he wonders. "Maybe it's on a computer bulletin board somewhere, or in some militant prolife newsletter. Should I worry about my wife getting shot in the back of the head as she walks up to our front door because they know where we live?"
Businesses, government officials, activists, engineers, and intellectuals are busily defining cyberspace, and with various goals. Their divergent interests meet on the National Information Infrastructure, the so-called information superhighway. This cable—capable of delivering voice, data, and video images at high speed—is eventually supposed to connect every home and business in the United States and the world to an ever-growing web of electronic services ranging from stock quotations to movies on demand. The buzzword for this change is "convergence"—the melding of telephone, computer, and television technologies into the foundation of an information economy.
The Clinton Administration, particularly Vice President Al Gore, is a self-proclaimed champion of this information age. The business world is salivating over potential profits in the information economy. Meanwhile, consumer advocates and privacy experts warn that, without proper safeguards, this potential global village could become George Orwell's 1984.
The National Information Infrastructure is projected to cost between $400 billion and $700 billion. During the 1992 Presidential campaign, Gore called for a major Government role in its development, but high Federal debt has led the Administration to favor private-sector design and operation instead. This shift has placed an even bigger burden on Congressional efforts this year to restructure the nation's $170 billion telecommunications industry, consisting of local telephone companies (worth $90 billion), long-distance carriers ($60 billion), and cable television industry (worth $20 billion).
The basic goal was to allow phone and cable operators to compete with each other locally, while preventing a total monopoly of both by any one company in one area and developing a new definition of universal service. Regulators and activists alike have long been leery of allowing a monopoly of the wires going into the American home, and their apprehensions have been heightened as electronic communication and commerce increasingly become central parts of our lives.
But even as telephone companies and cable television were eager to compete with each other for emerging markets, their rivalry got the better of them, killing telecommunications restructuring in the Senate. "Much of this battle is over who will control the television of the future," explains Jeff Chester of the Washington-based Center for Media Education. One example, he says, was NBC's effort to create a competitor for Ted Turner's twentyfour-hour Cable News Network. John Malone, president of TCI—who has a financial stake in CNN—controlled enough of the cable market that he was able to force NBC to turn a hard-news service into a softer, infotainment-oriented channel. "Their principal focus is profit, not the currency of democracy, not the diversity of ideas," warns Chester.
"We're in real danger of having a handful of giant, global communications corporations controlling the public mind," says Chester, whose organization filed a thirty eight-page brief with the FCC opposing last year's mega-deal between Bell Atlantic and cable giant Telecommunications, Inc. The deal broke down, but that has not slowed the pace of consolidation: In the last year, AirTouch Communication acquired U.S. West (a deal worth $13.5 billion), AT&T Corporation merged with McCaw Cellular Communications, Inc. (a $12.6 billion value), and Viacom bought Blockbuster Entertainment ($7.97 billion).
"There is a direct relationship between the health of our democracy and the diversity of our communications system," says Chester. "I think one reason why the body politic is so ill can be traced back to problems with the media system and the institutions which are part of it."
If we're not careful, he says, today's captive consumer of telephone and cable television will become tomorrow's totally exposed consumer. "We're turning over the info superhighway to Madison Avenue, so they can better, more effectively serve the needs of advertisers to target individuals in discrete demographic groups."
As if to emphasize this, no sooner had the telecommunications restructuring bill died for the year than the computer service America Online ignited a fresh battle in cyberspace when it advertised its "upscale" subscriber list in a direct-mail trade publication. "America Online members are computer and modem owners who pay up to $200 a month to enjoy hundreds of entertaining and informative services," the ad promised. "Credit-worthy—over 85 per cent pay by credit card…. Mail Order Buyers!"
The popular online service drew fire from Massachusetts Representative Edward Markey, chairman of the House Subcommittee on Telecommunications and Finance, who fired off a letter to America Online president Steve Case, arguing that "comprehensive privacy protections must become part of the electronic ethics of companies doing business on the information superhighway and a fundamental right of all its travelers."
According to David Banisar, staff attorney for the Electronic Privacy Information Center, the America Online controversy is important because commerce on the Internet is in danger of becoming more like a shopping mall than a public street. "In shopping malls, the owners can pretty much do what they want," he warns, "and those same shopping malls are going to be collecting reams, if I can use an old-fashioned term, of personal data." With more transactions taking place over the net, more personal information about you enters cyberspace. "Even if you go into a store," says Banisar, "the odds are it's going to transfer transaction information via the same superhighway to its suppliers, to its deliverers, and to its main offices."
America Online was not unique. As Case pointed out, CompuServe, another online service, had been renting its list for years. In fact, the mailing-list business is a refined industry; lists can include explicit and implicit demographic information ranging from income to political preferences to your favorite television shows. But these are relatively primitive compared to what advancing computer technology could produce: complete profiles of consumers, including brand-name inclinations, credit histories, and shopping habits. Many supermarkets already use check-cashing cards that, in conjunction with computerized scanners, keep detailed records of consumer spending habits. Will your insurance company someday be able to learn whether or not you buy beer and cigarettes?
First Amendment rights are already at issue in cyberspace. One major concern is whether commercial online companies deserve the broad protection of telephone companies, which have no responsibility for the content of conversations on their wires, and bookstores, which are also broadly protected, or are like publishers and broadcasters, who are held accountable for libel and other transgressions.
CompuServe, the oldest and largest online service, appears to want it both ways. In 1990, an online journal called Rumorville, produced under contract for CompuServe, published allegedly defamatory remarks about a competitor, Skuttlebut. When Skuttlebut sued for libel in a New York district court, CompuServe argued that it was more like a bookstore than a publisher, and therefore subject to a different standard of libel. The court agreed, saying a "computerized database is the functional equivalent of a more traditional news vendor." Because it did not exercise control over editorial content, it was not held liable for defamation.
But last year, CompuServe took a different approach toward Richard Patterson, a computer programmer and CompuServe member who believes—and claimed online—that the company had infringed on his trademark. CompuServe asked a Federal court to resolve the trademark dispute, but warned Patterson that if he discussed the suit online it would sever his CompuServe access.
This contradictory strategy indicates the general confusion over what rights and privileges are accorded in the commercial online environment. Because the services are private, they are not automatically obligated to respect constitutional rights of privacy and freedom of expression. Several years ago, Prodigy, another service, booted subscribers who tried to fight a rate hike, and censored anti-Semitic comments in online forums. Just this year, America Online closed several feminist discussion forums for fear that young girls might stumble upon adult discussions.
Censorship can take insidious forms online. Users do not always understand the different regions of cyberspace, which is divided into loosely overlapping sectors ranging from the commercial services to the Internet to underground bulletin boards trafficking in stolen credit card numbers. Usenet, for example, is a sprawling electronic forum with more than 8,000 discussion groups ranging from alt.NoamChomsky to alt.tv.dinosaurs.barney.die.die.die.
CompuServe and America Online both offer access to Usenet, but restrict areas—largely those dealing with sexuality—that they deem objectionable. On CompuServe, you can't subscribe to a newsgroup deemed objectionable by the company unless you know the exact title. Since many people choose their newsgroups by scanning for key words, the company automatically reserves full access for the initiated. America Online does not provide access at all to what it decides are objectionable groups. Both companies promised to provide me with the list of excluded discussion groups, but did not.
Less-restricted portions of the net are also censored, though generally with a lighter touch. Working within established and respected community guidelines, some Usenet groups are moderated to keep discussions focused. It's easy to appreciate the utility of the policy—communication on the net is often hailed for its casual intelligence and its potential to build community. But if every keystroke of every person who had ever surfed the net were saved in perpetuity, it would quickly drown in its own chatter.
Of more immediate concern these days is the increasingly unruly environment as new members unfamiliar with traditions flood the net. The Internet actually began as a military research project, but when scientists discovered its usefulness for exchanging data and computer power, the National Science Foundation took over administration. It grew largely unregulated into what has been called the largest functioning anarchy, with users establishing protocols and "netiquette."
Within this intellectual framework of self-governance, the move toward commercialism has met vociferous resistance. Last April, the Phoenix immigration law firm of Canter & Segal advertised its services on Usenet by placing messages in thousands of forums, the vast majority of which had no relationship to immigration. While informational postings in related areas have been tolerated on Usenet, the indiscriminate Canter & Segal posting drew a furious response. Outraged "netizens" deluged the company with angry email messages called "flames." Undeterred by the communal outrage, Canter & Segal ventured onto the net again in June, drawing the ire of a Norwegian programmer who devised a search-and-destroy program, or "cancelbot" to wipe out the firm's transmissions. As the net becomes more crowded and contentious, the specter of vigilante censors seems quite real.
Despite the phenomenal growth of computer networks, relatively few people are actually online. Some five million subscribe to commercial services, while as many as twenty million gain access to the Internet through universities or work. Online computing has sparked such interest because it is the most likely model for the emerging information economy. In the future, your telephone, computer, and television will all be linked, and you'll gain access to everything from the latest rap video to maps of Virginia in the 1600s stored in the Library of Congress, using the kinds of graphical interfaces being pioneered by America Online and CompuServe. But while the media hype a Golden Age of democracy spurred by the free flow of information, commercial online services resemble nothing so much as the current offerings of television and newsstands: Time, The Atlantic, ABC, DC Comics, the Chicago Tribune, Associated Press, and Reuters.
What would it take for a publication like The Progressive to get online? Brian Jaffe, director of online publications for CompuServe, the country's largest commercial online service, is firm about its priorities. "We're in business to make money," he explains. "The overall tone is going to be: You have to sell me on you."
First, The Progressive would have to show CompuServe that it would "add value to the service" by providing the demographic makeup of the people it was planning to reach online. Second, Jaffe looks at brand-name awareness. "When you pop up in our WHAT'S NEW—our intrusive marketing area—and I see The Progressive is online, come visit our area, I don't know what type of emotion that's going to stir in our two-and-a-quarter million users." Finally, Jaffe looks at "comarketing opportunities"—basically, what kind of new members The Progressive would offer to CompuServe—an evaluation driven by circulation and demographics. "We are an extremely powerful marketing entity," says Jaffe, citing CompuServe's phenomenal growth rate of 85,000 new members a month. Next to this, The Progressive's 32,000 circulation is relatively small, a factor that he says doesn't work in its favor.
Still, you may yet find publications like The Progressive available from commercial online services. "I'm never going to turn a deaf ear, because I never know when the next winner is going to come around," says Jaffe. But, he cautions, "You're right, we don't have a lot of political-type publications online. To be quite honest with you—maybe you can convince me otherwise—but it doesn't quite fit in with the publishing formula that I'm looking for in a successful online product."
The clout of these commercial services already intimidates small publications. As a staff member from one alternative periodical said after discussing its efforts to get online, "Don't say anything about us being critical of them that could hurt their willingness to sign us on in the future."
This clout will only increase as the Internet moves from the public to the private sector. More than half of it is now commercial in origin, and the National Science Foundation is passing management of the remainder into private hands. The Internet has thrived in part because its flat-rate pricing has made it possible for individuals and nonprofits to take full advantage of electronic communications. Eventually, the net will abandon flat-rate pricing, which could curtail open participation as costs rise. The booming media interest in the Internet may also be more cloud than silver lining: "It's clear to me the media industries want to use the Internet as another programming channel that they control," says Chester.
While the Clinton Administration has won praise for its information-age advocacy, it has taken a beating on privacy. "The Clinton Administration has paid some lip service to privacy issues, but it's really done almost nothing," explains Dave Banisar of the Electronic Privacy Information Center.
Bill Clinton's first mistake was the hugely unpopular Clipper chip proposal. Clipper is a computer chip that scrambles a message using a classified mathematical function. Users would have numerical keys to encode and decode messages, but two agencies—the Treasury Department and the National Institute of Standards and Technology—would hold copies of the keys in escrow, providing Government access as needed. Clipper was the response of law enforcement and national-security officials who see cheap and powerful computers making it easier for criminals and spies to break the law.
Many cryptographers worried that Clipper, classified and developed in secret by the National Security Agency, might not be secure, and would not sufficiently protect privacy. To get your key, law officers would not have to present a warrant they would only have to fax a request claiming they had a warrant. Safeguards against dissemination of the key and guaranteeing destruction once the order had expired were also deemed insufficient.
The keys for every Clipper chip would be available to only a handful of people, but if these individuals were corrupted, the whole system would be compromised. NSA involvement also worried some people: Had the agency built a trapdoor into the system that would allow it special access?
Even the Office of Technology Assessment criticized the agency's involvement in Clipper, concluding it was "part of a long-term control strategy intended to retard the general availability of 'unbreakable' or 'hard-to-break' cryptography within the United States."
Clipper has been essentially abandoned for data encryption, but is still on the table as a standard for voice encryption. Gore is currently working to develop a compromise, but has said that the White House will not yield on the proposed key escrow, though the Government would not have to be the escrow agent.
Clipper is only one part of vigorous efforts by the authorities to protect their eavesdropping rights. "If you think crime is bad now, just wait and see what happens if the FBI one day is no longer able to conduct court-approved electronic surveillance," FBI director Louis Freeh told an audience last May soon after the reintroduction of his agency's Digital Telephony in Congress.
First proposed by the Bush Administration and one of the few bills successfully pushed through the last Congress by Clinton, digital telephony requires common carriers—telephone companies—to help law-enforcement officers with appropriate court orders to listen to your conversations. It would also make transactional data—who's calling whom—easily available to law-enforcement officers. To do this, the phone companies need special equipment to ensure access to their new digital switches—equipment the legislation would buy for $500 million.
But is this cost-effective law enforcement? Freeh testified before the Senate in March that not a single wiretap order has been hindered by advancing technology. Since the 1968 passage of wiretap legislation, there have been about 900 Federal and state wiretaps per year, costing an average of $46,492 per tap in 1992.
Why should law-abiding citizens be concerned with wiretaps, codes, and scrambled conversations? The British royal family is certainly the most public example of the hazards of unsecured communications, but Philip Zimmermann, a cryptographic software designer, told Congress last year that technological advances made possible massive Government intrusions on privacy. "Today," Zimmermann warned, "electronic mail is gradually replacing conventional paper mail, and is soon to be the norm for everyone, not the novelty it is today.
"Unlike paper mail," he added, "e-mail messages are just too easy to intercept and scan for interesting key words. This can be done easily, routinely, automatically, and undetectably on a grand scale. This is analogous to drift net fishing—making a quantitative and qualitative Orwellian difference to the health of democracy."
Among the rationales for increased electronic-monitoring powers is the need to fight computer crime. Law-enforcement officials cite a burgeoning traffic in pornography, illegally copied software, and stolen credit information, but often they have been too triggerhappy in policing a world they don't fully understand. Specific targets have been computer bulletin boards, which people dial into to obtain information or to talk.
Police in Munroe Falls, Ohio, confiscated the $3,000 computer of Mark Lehrer, charging that kids had seen pornography on his bulletin board, Akron Anomaly. Lehrer did have some X-rated files, but access was restricted—users had to send a copy of their driver's license to get in. A few explicit photos were in common space—Lehrer claims a filing error—so local police recruited a fifteen-year-old to gain access to the files, then busted Lehrer. But with no complaints from local parents, the charge didn't stick. Police filed new charges alleging that other photos—not even available on the bulletin board, but seized with the computer—could have depicted minors.
Lacking the money for expert testimony, Lehrer entered a guilty plea to a misdemeanor charge of possessing a criminal tool—his computer. But confiscating the computer for a misfiled picture is akin to seizing a convenience store for a misfiled copy of Penthouse. An Akron Beacon editorial asked "whether the police were protecting against a child pornographer or using the intimidating powers of the police and judicial system to help themselves to a nice hunk of expensive machinery."
Michael Elansky ran the Ware House bulletin board in West Hartford, Connecticut. Elansky was arrested in August 1993, when police found files on his bulletin board explaining in detail the construction of various explosive devices. The files had been written four years earlier by a fifteen-year-old, and contained constitutionally protected information widely available in sources ranging from chemistry textbooks to The Anarchist Cookbook.
Elansky's case was compounded by his previous scrapes with the law—he eventually entered guilty pleas to parole violations—but the charges relating to the bulletin board files were never dropped. Activists maintain that his arrest and detention (Elansky could not post the $500,000 bond) were a violation of First Amendment rights and do not bode well for free speech in cyberspace.
"I don't think it's a police conspiracy to chill the whole net," says Banisar of such crackdowns, "but it certainly has that result." Banisar says the most closely watched legal contest in cyberspace is that of Robert Alan Thomas and his wife, Carleen, who live in Milpitas, California, where they ran the Amateur Action Bulletin Board Service. Subscribers—3,600 in the United States and Europe—paid $99 a year, using their computers to call the Amateur Action computer and download pornographic photographs, chat with other members, and order explicit videotapes.
Then a Tennessee hacker broke into the system. Disturbed by the hard-core content, the intruder alerted the Memphis authorities, who began a sting operation. The Thomases were busted and saddled with eleven Federal obscenity charges—not in California but in Tennessee, the heart of the Bible belt. For the first time a bulletin board operator was prosecuted where the obscene material was received instead of at its point of origin. The Thomases were convicted; the case is on appeal and could end up in the Supreme Court.
At issue is the Supreme Court's 1973 ruling that obscenity be judged by local community standards. This time, the Court would have to answer a new question: Where are you when you're in cyberspace? "Whatever your view of looking at nudie pictures, this is pretty chilling for everybody in the rest of the country that doesn't want to be subject to Tennessee morals," says David Banisar of the Electronic Privacy Information Center. "If I wanted to be subject to Tennessee morals, I'd move to Tennessee."
Just as Al Gore is playing an important role in the National Information Infrastructure, his father helped create the interstate highway system in the 1950s. The interstate, while it ushered in an era of great prosperity, has also been blamed for the decline of the cities and the loss of services to poor and minority communities. Many advocates fear that a poorly designed information superhighway could lead to further marginalization of the underprivileged in society.
The big telecommunications players are at pains to promise this won't happen, and both Pacific Telesis and AT&T-McCaw have signed commitments with community groups in California to ensure that the state's minority, low-income, inner-city, and disabled populations are wired into the electronic future. But a recent study of early plans for advanced communications networks by a coalition of groups (including the National Association for the Advancement of Colored People, the Consumer Federation of America, and the Center for Media Education) suggests that poor and minority neighborhoods are already becoming victims of "electronic redlining."
"Everyone is going to need affordable access to interactive communications services to ensure that the public has access to a basic range of information," explains Jeffrey Chester. He says it's conceivable that the media could evolve so that CSPAN is the only source of information for what's going on in Congress, making a lower-cost tier of information services vital for democracy.
"We don't know what a Twenty-first Century version of public television will look like, but we can start thinking about it when we look at the Internet and freenet and community radio stations," he suggests. Freenets, for example, provide access to e-mail, computer databases, and the Internet in such cities as Buffalo, Cleveland, and Seattle, through libraries and other outreach programs. "Those services are not going to become a part of the information superhighway without a real public policy to ensure that they are a viable—not marginal—part of the media system," warns Chester.
Another access question raised by the information economy is that when information is bought and sold in units, you can only know as much as you can afford. The commercial databases used by large corporations, law firms, and news services are expensive. In legal cases, in particular, this puts the well-heeled at a distinct advantage. Most of the material in legal databases consists of case law and judicial decisions in the public domain, but such companies as West Publishing maintain that they own the copyright for the page numbers of the decisions, giving them an effective monopoly in the legal database market for many states and Federal courts. Furthermore, local, state, and federal Governments maintain many valuable databases which are not currently accessible to their putative owners—the general public.
While this is a dark rendering of tomorrow, the future of cyberspace could be a lot more promising. Activists worldwide are already using advanced computer networks to share information and coordinate strategies. And citizens across the country could instantaneously gather information from a variety of sources uncensored by the corporate media.
But the perils of the Information Age are broad. In his book, The Cult of Information, Theodore Roszak reminds us that information cannot replace—and may even obscure—knowledge, insight, and wisdom. "Every mature technology brings an immediate gain followed by enormous long-term liabilities," he writes. "How things will balance out is a matter of vigilance, moral courage, and the distribution of power."
Consider the story of Philip Zimmermann, a software engineer who believes in "freeware"—software given away to help people better use their computers. In 1991, Zimmermann released an encryption program called Pretty Good Privacy (PGP) to help protect electronic mail; since then it has spread all over the world. On the day that Boris Yeltsin went to war against his own parliament, Zimmermann received an e-mail message from Latvia: "Phil I wish you to know: Let it never be, but if dictatorship takes over Russia your PGP is widespread from Baltic to Far East now and will help democratic people if necessary. Thanks." But despite the worldwide availability of PGP and other encryption tools, this technology is still controlled by national-security interests. The U.S. Customs Service is currently investigating how PGP was exported.
Testifying last year before the House Subcommittee for Economic Policy, Trade, and the Environment, Zimmermann worried that "some elements of the Government" were intent on denying citizens their privacy. "This is unsettling because in a democracy, it is possible for bad people to occasionally get elected—sometimes very bad people," said Zimmermann. "Normally, a well-functioning democracy has ways to remove these people from power. But the wrong technology infrastructure could allow such a future government to watch every move anyone makes to oppose it. It could very well be the last government we ever elect."


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Flow patterns of liquid-vapor (Gas) two-phase flow
From Thermal-FluidsPedia
Two-phase flow refers to the interactive flow of two distinct phases – each phase representing a mass or volume of matter – with common interfaces in a channel. Two-phase flow can occur in a single-component or multicomponent system. Possible phase combinations include: (1) solid-liquid, where solid particles are mostly dispersed in the liquid; (2) solid-gas, where the solid particles are carried by a stream of gas; (3) liquid-vapor (gas), where the volume fraction of one phase relative to the other results in different flow regimes; and (4) a combination of the above. While each of these modes represents a significant area of two-phase flow, liquid-vapor (gas) flow is by far the most common in various industries and thus has been investigated in greater depth. Therefore, the major emphasis of this chapter is on liquid-vapor (gas) flow.
Each regime in liquid-vapor (gas) two-phase flow has a characteristic flow behavior that can substantially affect both pressure drop and heat transfer. In the case of a single-component two-phase flow, such as forced convective condensation or evaporation, continuous mass transfer occurs between the vapor and liquid phases. Examples of liquid-gas flow processes include distillation, fractionation, flashing, spray-drying, stripping, and absorption. There are also two-component liquid-gas systems where the gas is noncondensable; these include air/water flow in aeration, deaeration, and humidification or dehumidification processes. A biomedical engineering example is the development of artificial lungs where absorption of oxygen or desorption of CO2 from blood is required.
Among the kinds of two-phase flows summarized in the preceding section, liquid-vapor (gas) flow is the most complex because the interfaces are deformable and the vapor or gas phase is more common. Furthermore, the interfacial configurations in two-phase flow are also very complicated due to heat and mass transfer and can vary over a wide range. The interfacial distribution in the liquid-vapor (gas) flow can be classified into a number of categories known as flow patterns or flow regimes. Flow regimes and flow regime transitions for vertical and horizontal tubes will be discussed. The flow patterns that will be presented in this section apply to two-phase flow in straight tubes only and are not applicable for two-phase flow in bends or coils. In addition, the flow patterns that will be addressed in this section are for cocurrent flow only and are not valid for countercurrent flow. However, one can easily obtain useful two-phase flow information in open literature concerning various configurations in geometry and/or countercurrent flow.
- Concepts and notations
- Two-Phase Flow Patterns in Vertical Tubes
- Two-Phase Flow Patterns in Horizontal Tubes
Faghri, A., and Zhang, Y., 2006, Transport Phenomena in Multiphase Systems, Elsevier, Burlington, MA
Faghri, A., Zhang, Y., and Howell, J. R., 2010, Advanced Heat and Mass Transfer, Global Digital Press, Columbia, MO.

subset: commoncrawl


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4 Things You Need To Watch Out For On MLB's 2016 Opening Day
As the snow melts and fields return to pristine condition, pitchers and catchers have reported to spring training to prepare for another 162 games of thrills, diving plays and monster home runs.
There is so much to look forward to as the 2016 MLB season looms ahead. But here are some of the big things to look out for as opening day rolls around:
1. The Return Of Dominant Starting Pitching
Last season proved that the MLB is not just a league of dominant hitters. Both the starting pitchers and closers proved their worth in both the regular season and the post-season, thereby re-emphasizing the major role they play in the game.
The World Series champions — the Kansas City Royals — were one of the teams who relied on pitching as a whole. It doesn't matter whether they used starters or a dominant bullpen; the Royals proved pitching wins games.
But it wasn't just the Royals. From Dallas Keuchel to Jake Arrieta, pitching dominance was abundant throughout the league. Besides, there were seven no-hitters this past season: seven.
Ready for more dominant performances? They're coming this 2016 season.
2. A New Era Of The Game
With David Ortiz making the announcement about his anticipated retirement after the 2016 season, we are finding more and more players finishing off their careers in outstanding fashions. We've known players like Derek Jeter, Ichiro Suzuki and Ortiz for several years.
With the MLB failing to attract younger viewers because of the sport's slower nature, cycling out the older players with younger, phenomenally talented athletes might bring more viewers from the younger generation.
Bringing new players to watch and idolize the game is creating a faster pace to America's pastime. These past few seasons, the highlight reels have been crawling with youthful athletes doing amazing things, both on the field and at the plate. This is bringing true excitement back to the game.
Mike Trout, Bryce Harper and Kris Bryant all prove great talent is coming up through the minor leagues. Who will it be this year?
3. Old Faces, New Places
You're crazy if you aren't excited to see big-name, free agents take on a whole new team. Some players have failed after signing with new teams — ahem, Robinson Cano — while others have felt right at home.
I'll be excited to see some of the big trades from the off-season play out on the field. Aroldis Chapman will take over the role of closer for the already-stacked back end of the Yankees bullpen.
Johnny Cueto will seek to become the staff ace in San Francisco. David Price once again takes over the AL East in a completely different uniform. Zack Greinke and Shelby Miller take over Arizona to (hopefully) help bring the Diamondbacks back to the World Series.
See? There are so many different places to look for these new additions. But will they prove their value to their squads, or will they falter in their new home ballparks?
4. The All-Star Game
Truth be told, the last few All-Star games have been boring (aside from the recognition of two baseball greats: Jeter and Mariano Rivera). But after watching the NBA All-Star competition this year, it has become clear that maybe Rob Manfred needs to take a page out of Adam Silver's book and change things up a bit.
All in all, we want to see something different and exciting. We want to see the best of the best — regardless of the person who is the most popular — play on that field for home field advantage.
Maybe the NBA All-Star game sparked some creativity into the minds of the MLB. At least, we can hope so. Your move, Manfred.
When it comes to sports, there is no better place to be than at the ball field this summer. There is no other sport you'll want to watch.


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By Emily Uduwana
Bargain hunting always gave me a thrill. Before I met you, my closet held more percentages than fabric–nothing below 30% off, most over 50%. On Saturdays, I liked to throw everything on my bed and separate the pieces into special sections: Barely Ripped, Slightly Stained, Just Off-Size. The left-overs became contestants in my own personal game show. I called it Bad Print or Dried Deodorant?When I met you, my closet began to change. I donated a stack of clearance camis to fit a new pair of suede flats, a waterproofing spray, a bottle of shoe cleaner. You made a scrapbook for our third anniversary. We paged through it together, reminiscing about rained-out dates and picnics overthrown by ants. When I came down the stairs for dinner that night, you beamed at the polka-dot sweater I'd chosen; you recognized it from our trip to the museum. You remembered things like that. I took our scrapbook home with me, studied the pictures in bed. There was the sunhat you almost lost at the pier, the t-shirt a seagull let loose on. During a visit to my father, you sparkled in a necklace passed down from your grandmother. But where were the clothes I'd worn? I looked from the scrapbook to my closet, searching for remnants of our last three years. I didn't find many; the zipper on my pink dress broke a while back, and the yellow one shrunk in the wash. My jeans were torn to begin with–but they were 40% off!And then there were those suede flats.
They carried me to my brother's wedding (and to his next one after that). They held it together after you trampled them in dance practice, and they cleaned up well for your sister's graduation. I stared for a while at those suede shoes. I stared long enough that I tugged loose a thread hanging from my polka-dot sweater. As the arm unraveled, I ordered a new one online: Blue cotton sweater, Fully lined, Made to last.
Emily Uduwana is a poet and short fiction author based in Southern California, with recent publications in Ecletica Magazine, perhappened mag, and Rubbertop Review. She is currently pursuing a graduate degree in the history of the America West.


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There's a buzz across the Southern Rhône, as the region's up-and-coming producers – whether second or third generation, fresh from the cooperative, or new to the area – create wines guaranteed to generate excitement. MARY DOWEY profiles 10 new faces.
There is no better time to salute the new generation of winemakers whose skill, energy and optimism are moulding the future of the Southern Rhône. Why? Because, after a full year of gloom, it is important to look beyond the difficulties posed by the extreme vintages of 2002 (wet and condemned) and 2003 (scorching and hyped), leaving in their wake an ocean of unsold wine. The alluring first releases of 2004 suggest that this more classic year will soon be in high demand. Besides, warm, spicy Southern Rhône reds are superb for winter drinking.
All over the region, regeneration is in the air. Second-generation winemakers with ambition are taking over from their parents. Growers who once supplied cooperatives are bottling quality wines under their own name. There are new arrivals, too – drawn by the promise of exceptional terroir, old vines and sun.
The 10 producers profiled below have been running their estates along current lines for less than a decade. Seek out their wines before the winter is out and you'll be well rewarded. One caveat: in a centrally heated house, room temperature is too warm for reds like these – especially the ripe, alcoholic 2003s. Serve them a shade cooler to do them justice.
CATHERINE & SOPHIE ARMENIER, Domaine de Marcoux, Châteauneuf-du-Pape
The Armenier sisters joined forces 10 years ago to run the family vineyards which their brother Philippe had managed after their father's death. With Catherine as fervent viticulturalist and Sophie, 15 years her junior, the fastidious winemaker, they make a formidable team.
'There were very few women when we started in 1995,' Catherine explains. 'As we were into biodynamics as well, a lot of people wondered whether we would do anything worthwhile.'
As seems appropriate for an ancient Châteauneuf family with roots dating back to 1344, their wealth lies in substantial holdings of old vines, including century-old Grenache with a little Mourvèdre at Charbonnière. Half their output goes into the glorious Cuvée Vieilles Vignes, with the other half adding depth to the regular cuvée. The estate totals 20ha (hectares) in over a dozen parcels.
So what is the Armenier aim? 'For the bottle on the table to be emptied. It's all about pleasure!' They achieve it with hedonistic wines.
Domaine de Marcoux, Vieilles Vignes, Châteauneuf-du-Pape 2003 *****
Enticing nose of dark red fruits paves the way for a luscious palate with fine tannins in a very long finish. Up to 2015 or beyond. £45–55; AlW, Gns, ONe
BP 81, 84230 Châteauneuf-du-Pape. Tel: +33 4 90 34 67 43
SEBASTIEN VINCENTI, Domaine de Fondrèche, Côtes du Ventoux
Lucky fellow, you think, as Sebastien Vincenti shows his magnificently sited estate on a plateau above Carpentras with views to the Dentelles de Montmirail and Mont Ventoux.
The main vineyard of 28ha for red grapes has several terroirs, with limestone pebbles and sand and clay layers. Vincenti has planted enough Syrah to match his Grenache and Mourvèdre in equal proportion. A further seven hectares on sandy soil has been acquired for white grapes. Both vineyards are farmed organically.
There are no plans for expansion because Vincenti is hands-on and exacting. 'On est très maniaque'. He uses both barriques and demi-muids for a stylish range which includes two white wines, L'Eclat Blanc and Persia Blanc (the latter 100% Roussanne) and three reds, Fayard (see below), Nadal (old-vine Grenache and oaked Syrah with Mourvèdre) and Persia (mainly Syrah). All have the freshness at which he aims – helped by the cool nights of the Ventoux.
Domaine de Fondrèche, Fayard, Côtes du Ventoux 2004 ***
Not one of Vincenti's more expensive wines, but this blend – 50% Grenache, 30% Syrah, 20% old-vine Carignan – is a polished effort, perfumed, heady and moreish. Up to 2008. £7; Cpy, Gen
84380 Mazan. Tel: +33 4 90 69 61 42
PASCAL & VINCENT MAUREL, Clos Saint Jean, Châteauneuf-du-Pape
In charge since their father's death over 20 years ago, the Maurel brothers' far-sighted great-grandfather planted the vineyards which now support 100-year-old vines in Southern Rhône. But since 2002, with the help of well-known Southern Rhône consultant Philippe Cambie, they have abandoned a traditional style which took years to soften in favour of seductively fruity, modern wines.
The Maurels own 40ha – half on the famous, galet-strewn plateau of La Crau and half on clay and limestone in the northwest and southwest of Châteauneuf. Having finally gained control of parcels which were owned by various family members, they can now focus on improving quality. They produced plump, round and flavoursome wines in 2003 and 2004 – an estate white and red and two special cuvées, La Combe des Fous (Grenache with Syrah, Cinsault and Vaccarèse) and Deux Ex Machina (see below).
Clos Saint Jean, Deux Ex Machina, Châteauneuf-du-Pape 2003 ***
Not cheap, but this blend of old-vine Grenache and Mourvèdre is sumptuous stuff – an explosion of plums and pepper with a long, velvety finish. Up to 2015. h48. N/A UK; +33 4 90 83 58 00
18 Ave Général de Gaulle, 84231 Châteauneuf-du-Pape.
Tel: +33 4 90 83 58 00
JEROME BRESSY, Domaine Gourt de Mautens, Rasteau
There is a sophistication about Jérôme Bressy that has shaped his handsome new cellar, his smart logo with its chiselled Roman letters, his luxuriously textured wines – and, some might say, their ambitious prices. But these are wines with soul, combining finesse with the power and spicy richness that are this region's hallmarks. And Bressy is, above all, an impassioned vigneron.
A third-generation grower, he has 13 organically farmed hectares spread over seven terroirs in Rasteau in Southern Rhône. About 70% is planted with 50–90-year-old vines, including some very old Carignan – a variety which Bressy rates second in importance after Grenache, followed by Mourvèdre: he is not a fan of Syrah in the south. For complexity, he is reintroducing old varieties like Counoise, Vaccarèse and Muscardin, planted in among other grapes in the old-fashioned way.
Because his ambition has always been to make 'un grand vin', Bressy stopped selling his Southern Rhône grapes to the coop in 1996. Using meticulous methods, he makes just two wines, a white and a red. Grapes are hand-picked into small baskets, then carefully sorted before destemming and basket-pressing. He has also moved away from new oak, abandoning both barriques and Burgundy barrels in favour of 600-litre demi-muids and 1,500-litre foudres for a third of his production.
Domaine Gourt de Mautens, Rasteau 2003 ****
A glorious wine which showcases Bressy's skill at achieving fine, ripe tannins and a silky texture. Hints of earthy minerality emerge on the long length. Up to 2010. £21; Rae
84110 Rasteau. Tel: +33 4 90 46 19 45
WALTER McKINLAY, Domaine de Mourchon, Séguret
The address 'La Grande Montagne, Séguret' does not fully convey the drama of the site bought in 1998 by Walter McKinlay, a Scot who sold his international IT business at retirement age to live the wine dream. Mourchon perches on the mountain top. A daring move – especially when there was no cellar, a house with only one wall and a new owner with no experience of Southern Rhône wine production.
Assured that the limestone/clay/ sandstone terroir was worthwhile, McKinlay bought 17ha of vineyard, wedged a smart gravity-flow cellar into the hillside and 'recreated' the house, besides adding another for his daughter Kate and her husband Hugo Levingstone – the generation who will take Mourchon forward. Forward, that is, from a fast start, for the two red cuvées, Tradition and Grande Réserve, have been regularly praised in the press (Decanter included) since the 1998 vintage.
The style is meaty and macho – except for the mouthwatering Grenache-based rosé.
Domaine de Mourchon, Tradition, Séguret Côtes du Rhône Villages 2003 ***
A harmonious 2003 with abundant red fruit compote notes upfront lifted by hints of garrigue and underpinned by fine tannins. Up to 2008.
£6.75-9.15; Ave, Bls, IRo, Wts
84110 Séguret. Tel: +33 4 90 46 70 30
DENIS DESCHAMPS, Les Vignerons d'Estézargues, Côtes du Rhône Villages & Côtes du Rhône
Even before Denis Deschamps took over as chief winemaker in 2002, Les Vignerons d'Estézargues had begun to gain recognition as one of the most dynamic coops in the Southern Rhône. The move from bulk production to bottled wine, now at the halfway mark, began in the early 1990s and Deschamps was consultant from 1999. But scale and terroir also play their part. This Southern Rhône coop has just 10 members with a total of 400ha only around the village of Estézargues, in the Gard west of Avignon. Applicants from further afield are turned down: the plan is to stay small, stay local, and to make better wines.
Eight of the 10 members now produce their own cuvées – a major quality step. Although he vinifies everything, Deschamps says his main contribution has been in viticulture – knowing the vineyards, assessing maturity and making careful grape selections. He has good fruit to work with: old Grenache vines thrive on a plateau topped with galets which provides the grapes for Côtes du Rhône Villages, while the remaining vineyard area, on clay and sand, generates Côtes du Rhône. In the cellar the emphasis is on 'vins naturels' with minimal intervention, no sulphur until bottling, no filtration. The result: coop wines with an artisanal feel.
Domaine Grès St Vincent, Côtes du Rhône Villages 2004 ***
Fresh, delicious and very suave
indeed, this young red with juicy blueberry overtones offers heaps of appeal at an extremely affordable price. Up to 2007. £6.50; SVS
30390 Estézargues.
Tel: +33 4 66 57 03 64
MARC & EMMANUELLE KREYDENWEISS, Domaine Marc & Emmanuelle Kreydenweiss, Costières de Nîmes
From an Alsace family dedicated to white wines for 400 years, Marc Kreydenweiss was keen to make reds. With two grown-up sons involved in the Alsace winery, he decided to move his winemaker wife Emmanuelle south to supervise a new venture. In 1999 he settled on a 20ha domaine in the Costières de Nîmes. Did he deliberately choose one of the Southern Rhône's less fashionable appellations? He laughs. 'I didn't think about the appellation at all! It was the terroir that won me over.'
With sandstone and quartz galets and schist, the vineyard reminded Kreydenweiss of Châteauneuf-du-Pape. It was half old-vine Carignan, a quarter Grenache and a quarter Syrah. He has planted Mourvèdre, a little Merlot and Marselan, the Grenache-Cabernet Sauvignon cross-breed which he believes is ideal for the climate. He follows a biodynamic regime, ploughing four or five times a year.
Emmanuelle and the couple's two small children live here for most of the summer while Marc commutes between the Costières and Alsace. Emmanuelle makes Les Grimaudes (half Carignan with Grenache and Cinsault) while Marc makes Perrières (see below) and Ansata (mainly Syrah with Grenache and Merlot). Picking earlier than most, the Kreydenweisses create super wines which marry elegance with depth.
n Marc Kreydenweiss Perrières, Costières de Nîmes 2003 ****
A wonderfully refined and restrained wine for 2003 – 60% Carignan, 20% Syrah and 20% Grenache – with spicy, peppery complexity. One year in barrique, but the oak influence is subtle. Up to 2008. £7.75; Adn
30129 Manduel. Tel: +33 3 88 08 95 83
HELENE THIBON, Mas de Libian, Côtes du Rhône Villages
There is no doubting Hélène Thibon's passion for her vineyards – 17ha on galets and red clay, fringed by forest, at the northwestern limit of the Southern Rhône in the Ardèche. She says she is, above all, a farmer. She has worked every inch of this land since she was a teenager earning money for riding lessons. But she is a glamorous farmer and a poetic one, too – influenced, perhaps, by her grandfather who was both a writer and philosopher. 'I don't want to make wines with so much oak or extraction that all the work shows through. They would be like ballet dancers with biceps.'
Although she has been the winemaker since 1995, Thibon stresses that her parents and her husband Alain Macagno share the workload of cellar and vineyards.
Half planted to Grenache with the remainder Syrah, Mourvèdre and several white varieties, these have been farmed organically for 35 years and are in transition to biodynamic viticulture. Thibon's wines are wonderfully exuberant and pure, 40% of the whites going into new demi-muids while about 40% of the reds are matured in used foudres. La Calade 2004 is made almost entirely from Mourvèdre – rare in the Ardèche: it only works, Thibon says, because yields are 15hl/h.
Mas de Libian Khayyam Côtes du Rhône Villages 2004 ***
Round and pleasurable with generous and rewardingly pure, liquorice-edged flavours. Already available: Hélène Thibon doesn't believe in holding her wines back.
Up to 2007. £94.50 (case 12); HHC
07700 Saint Marcel d'Ardèche.
Tel: +33 4 75 04 66 22
BAPTISTE GRANGEON, Domaine de Cristia, Châteauneuf-du-Pape
When the Grangeons sold their entire output to Guigal in 1998, a long tradition of supplying négociants ended. They were ready to bottle their own wines. The following year, 20-year-old Baptiste joined his father and grandfather in the family business where homes, offices and cellars face each other across a Courthézon street. It was an inauspicious start: much of the 1999 vintage was corked. But the young oenology graduate was soon granted a free hand, taking on full responsibility for vineyards and cellar in 2002.
The estate, which has applied for organic certification, takes its name from the two prime vineyards among the family's four plots totalling 21ha. One is sandy, yielding great Grenache (from 100-year-old vines) and the other clay and limestone, performing well with Syrah and Mourvèdre. The breakdown of the grapes in the vineyard – 85%, 10% and 5% respectively – is reflected in the regular unoaked cuvée. Since 2000 Grangeon has produced a special cuvée, Renaissance, with barrique-aged Syrah and Mourvèdre complementing Grenache in slightly higher proportions.
'I want to make red wines with plenty of soft fruit – wines which can be enjoyed by themselves as well as with food,' says Baptiste Grangeon.
Domaine de Cristia Châteauneuf-du-Pape 2003 ***
One of the more affordable reds of this pricey appellation which, although showing the heat of the vintage, balances very ripe fruit with smoother tannins than were achieved by many. Up to 2011. £15–17; Hax, HBa
31 Fb St Georges, 84350 Courthézon. Tel: +33 4 90 70 24 09
DANIEL BOULLE, Domaine des Aphillanthes, Plan de Dieu, Côtes du Rhône Villages
Named after a flower of the garrigue, Daniel Boulle's 37ha estate is widely spread across various soils on the Plan de Dieu, with some vineyards stretching towards Sérignan and Ste-Cécile-les Vignes, while others abut Rasteau and run into Cairanne. Boulle, a stocky, down-to-earth man whose father and grandfather were growers, admits that not all of his land is exceptional. 'It was acquired before terroir was much talked about,' he shrugs. He will gradually replace less satisfactory parcels with better ones.
Even so, Boulle's wines are already impressive – powerful but finely tuned with a striking minerality. So assured is his touch that it is difficult to believe he has only been making wines under his own name since 2000, having previously sold his grapes to the Rasteau and Cairanne coops. A request from Robert Parker in 1999 for samples led to a positive review – an early boost for exports.
In his transition to lower yields (around 30hl/ha) and higher quality, Boulle regards rigorous pruning as crucial and has followed organic methods since 2003. A champion of Mourvèdre – which he finds a better partner for Grenache than the more dominating Syrah (he also vinifies it alone in a stirring barrique-aged cuvée) – he is lucky to own a plot of 100-year-old vines high up in Cairanne and is replanting with Mourvèdre elsewhere. Recent plantings of Counoise will add interesting nuances.
Domaine Les Aphillanthes, Vieilles Vignes, Côtes du Rhône Villages 2003 ****
A tour de force in terms of finesse and sheer vibrancy – 80% Grenache from 50-year-old vines, 20% Mourvèdre from 45-year-old vines. Outstanding value. Up to 2009. h13. /A UK; +33 4 90 37 25 99
Quartier Saint Jean, 84850 Travaillan. Tel: +33 4 90 37 25 99


text: looping_louie Posted July 8, 2018 Share Posted July 8, 2018 So I have tried out OpenRCT2 to play the scenarios of RCT1, but I have noticed that many will not bother riding on my thrill rides and gentle rides. Sure they will ride on it at first for a few weeks but then eventually they will just ignore it thinking "I'm not paying that much for x" or "I want to go on something more thrilling". It's not just those rides that suffer from guests suddenly becoming cheap. I built a log flume that was decently exciting, but then later on guests kept demanding lower prices, despite them initially accepting it. So what gives? Why can they initially accept them, but then later on get so anal and cheap? I also have noticed that a lot of the guests will just enter the park, and then leave barely riding on anything or not riding on anything, despite a good amount of rides that would be their fitting? I had this problem with Frontier Forest and Dynamite Dunes and so far this has distasted me from enjoying the scenarios that I might drop the scenarios all together if this will be a problem throughout. I don't think it's a problem with the paths as the layouts have been pretty straight forward. I also remember the guests in original RCT1 not being as strict ergo I remember the scenarios back then being easier. So can anyone tell me what's wrong and if this is a problem with OpenRCT2 or not? Link to comment


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Search Results
Recycling is a Location in The Surge.
Recycling NPCs
- ??
- ??
Recycling Enemies
Recycling Items/Weapons/Gear
- Tactile Omni-Boost v.1 - after defeating the two RHINO Zombies and the ARC Welding bot. Head up the stairs
- Audiolog: Implants - Side Effects - at operation base near some enemies
- Kinasthetic Amplifier v.1, lying on ground near a gap
- Shining Coin (x2)
- Audiolog: The Butcher
- Bloodhound
- Reclamation Buddy v.1, on containers
- Endurance Enhancer v.1 under the stairs
Recycling Walkthrough
Break the breakable box to the left and head inside to find some Tech Scrap. Continue down the corridor and into the open room on the right. Defeat the enemy here and pick up the upgrade materials and the Audiolog: ***** Ferguson!. Continue forward in this room, defeating the Titan Zombie hidden on the left and the ARC Welding bot on the right. Head up the stairs and pick up the Implant: Tactile Omni-Boost v.1. Then head out of this room and forward down the corridor.
Head up the Exo-Lift on the right and defeat the enemy here before going left across the walkway. Up ahead are two rooms, one closed on the left and one open on the right. The one on the left opens a shortcut to the Operations Base so do that first before engaging the two enemies in the next room (spend your Tech Scrap if necessary). After defeating the enemies you pick up the Audiolog: Implants - Side Effects. There is also a Med Station where you can refeal your injectibles. Use the control panel to extend the bridges and use the door controls to open the door below. You can use the other control panel to make the miniboss ??.
Head down the elevator and defeat the Smelter Bot on your right. Jumping across the gap, lying on the left side is an Implant: Kinasthetic Amplifier v.1. The miniboss is just like the one you fought in the Main Assembly Line. You will receive another Shining Coin for defeating him. Jump back across the gap and through the now open door by the large machine you killed (now on your left). Head through the door and defeat the enemy and the large machine there and pick up the Audiolog: The Butcher and the weapon: Bloodhound. Head up the stairs and defeat the two enemies here and head right to unlock another shortcut to the Operations Base. Then head back but instead of going down, go straight down the runway and find the gap in the railing and drop on the containers to find the Implant: Reclamation Buddy v.1.
Head forward, through the door at the end of the hall and defeat the enemy on the right then head down the stairs and defeat another enemy. Pick up the Implant: Endurance Enhancer v.1 under the stairs on the left-hand side. Defeat a few more enemies and Overcharge (10) the power conduit here, allowing you to open the door. There is also the Implant: Vanadium E-Cell v.1 lying in the corner behind the macinery. Open the door and head into Toxic Waste Disposal.
Recycling Tips/Notes
- You can use the console in the room upstairs from the Smelter bots (take the elevator) to separate the Smelters - using it once will separate them to be on different platforms in the main Recycling room, and using it again will put them back together. The other console in the control room will extend and retract the bridges between the Smelter platforms.
- If you gave Irina Beckett an MG Negotiator or the SERU HSS Biomaster, she will kill one of the Smelter bots for you. This can make things easier if you find the Smelters difficult to kill, but you will forfeit the 3000 Tech Scrap that the Smelters are worth. You can obviously get around that by killing the Smelters yourself before giving her a staff if you want to claim their Tech Scrap for your own.


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In Smailes -v-McNally [2014] EWCA Civ 1296 the Court of Appeal made it clear that breach of a peremptory order in relation to disclosure will lead to grave consequences for the defaulting litigant.
This case was looked at briefly when first decided, however the transcript has only recently become available. Liquidators were bringing an action against former officers of the company. The claim related to an underpayment of tax of £45 million.
- Whether a party has complied with an order for disclosure is a matter of fact and not discretion.
- Non-compliance with a peremptory order leads to an action being struck out without further order.
The defendants served their list of documents. The claimants however did not give adequate disclosure.
- Although the liquidators also served a purported disclosure list on that date, they had made no attempt to select what documents might be relevant to the action but had, in the judge's words, listed "every conceivable document" offered simply by reference to the boxes in which they were stored.
- It is common ground that exercise failed to comply with the CPR. As Jacob LJ said in Nochia Corporation v Argos Ltd [2007] EWCA Civ 741,[2007] Bus LR 1753, massive over disclosure carries a substantial risk that the important documents will be overlooked. Mischon de Reya, the former officers' solicitors, raised concerns about the way in which the disclosure process had been carried out.
- In June 2012 the former officers applied for an Unless Order requiring the joint liquidators to carry out a reasonable search in accordance with CPR Part 31.7 and to serve a list of documents complying with CPR Part 31.10. They also asked for an affidavit from the liquidators explaining what search had been carried out and giving details of the chain of custody of documents.
- In response to that application Mr Smailes, one of the joint liquidators, made a witness statement dated 21st November 2012. He said in that statement it was his position that full disclosure of all relevant documents had been given.
- Despite that evidence the liquidators' solicitors conducted an extensive further search about which Mischon de Reya had not been informed. That search had begun in August 2012 but had not completed by the time the application came before Henderson J on 28th November.
- The parties had by then managed to agree a new order, which required the liquidators to conduct a search for documents and to provide the former officers with a list by 2nd April 2013. The order was not in the "Unless" form. The trial date was vacated and a direction given for a trial to take place on the first available date after 4th October 2013.
- In giving judgment on the question of costs Henderson J said:
"In my view this is a case where actions speak louder than words and the actions of the liquidator since August do appear to me to evince a recognition of wholesale inadequacy in the way in which schedules C and D have previously been dealt with."
- He did not therefore accept the liquidators' stated position that all relevant documents had been disclosed.
- The 2nd April was looming and on 28th March 2013 the liquidators applied for a further extension of time and by way of cross application the former officers applied for an Unless Order. Those applications came before Henderson J on 22nd May leading to a judgment on 7th June 2013.
- On that occasion Henderson J made the Unless Order under appeal. It is not suggested that he was wrong to make the Unless Order. In view of what he described "the lamentable history" of disclosure and his judgment that even after November 2012, when there had been a change of solicitors the liquidators' new solicitors, Isadore Goldman & Co, had shown insufficient urgency in "getting a grip on the situation". He said:
"The main factors which have weighed with me in coming to this conclusion are: (a) the long and unsatisfactory history of disclosure in the Atrium proceedings before November 2012; (b) the deficiencies to which I have drawn attention in the Liquidators' attempts, through Isadore Goldman, to comply with the November order; and (c) the increased emphasis which the court is now obliged to accord to compliance with court orders under the amended overriding objective."
"(1) Unless the Liquidators comply with paragraph (2) below, the Liquidators' claims against the claims the Respondent in proceedings No 3878 of 2011 and No 3879 of 2011 ('the Atrium Proceedings') shall be struck out without further order of this Court and the Respondents shall be at liberty to enter judgment for their costs such costs to be the subject of a detailed assessment if not agreed.
(2) In the Atrium Proceedings, the Liquidators shall by 4.00 pm on 28 June 2013.
i) conduct a search for documents falling within CPR 31.6, in compliance with the requirements set out in CPR 31.7; and.
ii) provide Mr McNally and Maclean and Mr Dick with a list of documents, identifying the documents located as a result of the search described above, in compliance with the requirements set out in CPR 31.10.
(3) Requests for inspection (or copies) of documents shall be made by 4.00 pm on 5 July 2013 and complied with by 4.00 pm on 12 July 2013."
"31.6 Standard disclosure requires a party to disclose only–
(a) the documents on which he relies; and
(b) the documents which –
(i) adversely affect his own case;
(ii) adversely affect another party's case; or
(iii) support another party's case; and
(c) the documents which he is required to disclose by a relevant practice direction."
The claimant arranged for an external provider to give e-disclosure. However they failed to send some of the crucial documents (known as "scripts") to that external provider. Consequently the scripts were not disclosed on the date set for compliance.
- In addition to the absence of the scripts the liquidators served a supplemental disclosure list on 10th September 2013 which revealed the existence of a further 7,000 documents including a large number of bank statements. The former officers rely on this too as showing that a reasonable search had not been carried out before the service of the disclosure list on 8th June 2013.
- In deciding whether the search is a reasonable search CPR Part 31.7(2) provides:
"(2) The factors relevant in deciding the reasonableness of a search include the following –
(a) the number of documents involved;
(b) the nature and complexity of the proceedings;
(c) the ease and expense of retrieval of any particular document; and
(d) the significance of any document which is likely to be located during the search."
(a) There are 152 scripts. That is not a large number particularly in the context of some 22,000 pages of documents uploaded to the database.
(b) The claim is one for £50 million or thereabouts, based on allegations of dishonesty and fraud arising out of events that are a decade old. The liquidators had already been criticised for the previous failings and disclosure. There had been a number of slippages in the timetable and they were under the shadow of an Unless Order, so it was obviously important to make sure that the disclosure list was accurate.
(c) The scripts were in fact in hard copy form in the liquidators' own offices. Once Mr Gibbs realised that they had not been provided to Unified, it was the work a matter of a few phone calls and a few days to recover them.
(d) This is not a case of finding a significant document, even a smoking gun, on the off chance. Mr Gibbs knew that the documents existed because that was the very reason why he did not deliver the time sheets and so forth to Unified. He also knew that the scripts were the very documents on which the liquidators relied in advancing their case. They were and are central to the litigation. He also promised Mischon de Reya that they would be disclosed.
- In short, in my judgment, what it comes to is this. Mr Gibbs knew about the importance of the scripts and knew that their disclosure had been promised to Mischon de Reya, yet he failed to check that they had been delivered to Unified. That they had not been uploaded was apparent on checking the database; and that should have alerted him to the need to find them. In my judgment he made no search for these critical documents let alone a reasonable search.
- Mr Davenport stressed the duty of the parties in co-operate in making disclosure. But I do not see that co-operation is relevant to the conduct of a search which necessarily is carried out by each party, on his own, amongst his own documents. Nor can I see what relevant co-operation is required for the documents to have been removed from the liquidators' offices and delivered to Unified for uploading.
- I agree with the liquidators that the question whether the Unless Order was complied with is a case management decision in the sense that it is a procedural decision. But I do not agree that it is discretionary: either the order was complied with or it was not. That is a question of interpretation of the order and the rules and their application to the facts. In my judgment the omission to list the scripts is a clear case of failure to comply with the Unless Order.
- How then did the judge reach the contrary conclusion? The judge began by correctly listing the factors in CPR 31.72. He said at 37:
"A search not carried out in good faith would not be a reasonable search. However a search which was conducted in good faith and was fair and proportionate to the case in hand, given the number of documents involved, the nature and complexity of the case, the ease and expense of retrieval and the significance of any document likely to be located, would be a reasonable search and would be one which complied with the order."
- Thus far I agree. He then referred to observation of Morgan J in Digicel (St Lucia) Ltd v Cable & Wireless [2008] EWHC 2522 Ch [2009] 2 All ER 1094, at 46, that the rules do not require that "no stone be left unturned". I agree with that too. But that observation was made in the context of vast electronic disclosure where there was no identified target document. Where, as here, the existence of the documents and their relevance has already been identified, I do not think this observation applies.
- It is in this point in my judgment that the judge began to go wrong. He went on to say that an allegation that a reasonable search had not been carried out could be established by inference. In so doing he referred to the decision of this court in Realkredit Denmark AS v York Montague Ltd[1999] CPLR 272. However, that was a very different case. It was a case in which the disclosing party had put in evidence on affidavit to the effect that it had no relevant documents other than those that it had discovered by list. That was disputed by the other party which pointed to documents that it would have expected the disclosing party to have had. The disclosing party accepted that the evidence of the other party gave good grounds for an application for specific discovery but did not concede that any further documents in fact existed. It was in that context, and in particular in the context that there might be disputes about relevance and necessity, that the court referred to a list served in good faith. They distinguished the case before them from one in which it had been admitted that the list was deficient.
44. Realkredit was decided under the rules of the Supreme Court but it was approved in the post CPR era in Morgans v Needham (28th October 1999). Stuart-Smith LJ held in that case that the Unless Order in that case was "hopelessly clear and imprecise" because it left it up to the defendant to decide what documents he needed to disclose in order to prove his counterclaim. He held that the order ought not to have been made in that form and ought not to be enforced by striking out. He summarised the duty cast upon the disclosing party as follows:
"What a party has to do is to decide what documents are relevant to the matters in issue and disclose them."
- The judge rejected the argument that the copies held at the liquidators' offices should have been disclosed as copies in themselves. He said at 42:
"I agree that the disclosure obligation applies distinctly to all copies of documents in a party's control, which I will call 'original' copies, but it does not apply to copies made for the purposes of the dispute. As I understand the evidence before me, the copies held by Mr Meadows were not what I have called original copies, they were simply copies which had been created in the course of the proceedings or for the purposes of them."
- I cannot see Mr Meadows in fact did say that. But even if they were copies made for the purposes of litigation, they are the only surviving copies. CPR Part 31.9 says that a party need not disclose more than one copy of a document, the copies held at the liquidators' offices are the only copies that have ever been disclosed. The judge recounted at 43:
"This is a substantial case involving very serious allegations. It justifies an extensive disclosure exercise from the point of view of proportionality. However even looking at the exercise with the benefit of hindsight, I can see no justification for saying that it was not a reasonable search. It was very extensive. It was plainly carried out in good faith. It was explained in detail in advance to Mishcon de Reya and indeed was based on a methodology which had been ventilated in court before Henderson J when the unless order was made. It was completed within the time specified by the order. It is true that two classes of relevant documents were missed but there is no suggestion that this was the result of bad faith and I am satisfied that the fact these two classes were missed does not support an inference that the exercise itself was not a reasonable search. In my judgment the liquidators are not in breach of the order of 7th June 2013 on that ground."
- I do not understand why the judge thought that any inference is necessary. We know that the list did not list the scripts even though their existence was known and their relevance was also known. This is not therefore a case in which there is any dispute about the existence of documents or the relevance of documents known to exist. We also know that other underlying material was excluded from the database precisely because Mr Gibbs intended to disclose the scripts. We also know from Mr Gibbs' evidence that following the order of 7th June he carried out no further search for the scripts. In so far as the judge relied on Mr Gibbs' conversation with Mr Meadows many months earlier, it seems to me to be irrelevant in the steps that were required to be taken by the Unless Order. But even if that conversation were relevant, the fact remains that Mr Gibbs did not check to see whether Mr Meadows was correct.
- This is also a case in which Mr Gibbs had already decided what documents were relevant to the matters in issue. They included the scripts. Thus, as Stuart-Smith LJ said, he had a duty to disclose them but he did not do so. This, then, is quite unlike the usual case in which one party alleges that the other party has more relevant documents to disclose but the other denies that. Here it is admitted that relevant and indeed very important documents existed; were in the possession of liquidators; had been promised, and yet were not disclosed. In those respects this case is almost unique.
- In coming to his conclusion the judge did not go through the factors listed in CPR 31.7(2). In addition some of the factors that he mentioned are, in my judgment, irrelevant. For example, the fact that the methodology has been ventilated in court and explained in detail could only be of any relevance if the database had in fact contained what it was supposed to contain. If the database was defective, no method of interrogating it would have produced the relevant results. Second, the absence of bad faith does not necessarily mean that the order was complied with. A party may conduct a search in good faith but nevertheless fail to comply with his obligation under Part 31.7. As the judge recognised, what is or is not a reasonable search is something that the court must decide. It is not simply left to the discretion of the party concerned.
- Whether the party has acted in good faith may be highly relevant to the question whether he has made the right decision about what ought to be disclosed. He has what in another context might be called a margin of appreciation. That is the sort of consideration that Morgan J had mind inDigicel. But that is not this case. Mr Gibbs had decided that the scripts ought to be disclosed.
- Whether the party has acted in good faith may also be relevant to the question whether relief against sanctions should be granted but the judge never got to that stage. I think also that the judge ought to have considered the scripts separately from the remaining documents that were disclosed by the supplemental lists in relation to which different considerations may apply.
- An alternative view might be that the liquidators had already located the scripts as a result of a previous search which had enabled them to refer to them in their evidence adduced in support of a freezing order. Mr Meadows appears to have known that copies of them were located at the liquidators' offices. But in that event the liquidators would have failed to comply with the second part of the unless order, namely to provide the former officers with a list of documents located as a result of the search. Either way I see no escape from the conclusion that there was a breach of the Unless Order.
- The liquidators' skeleton argument suggested that the disclosure statement was conclusive. That stated that all relevant documents had been disclosed and the argument is that the only way of challenging that is by way of an application for specific disclosure, rather than the allegation that the Unless Order had not been complied with. They referred to Frankenstein and Gavin's House-to-House Cycling Cleaning and Insurance Company [1897] 2 QB 62. But that submission was not pressed in oral argument and, in my judgment, rightly so. Although the court cannot go behind the contents of an affidavit or a disclosure statement simply on the bases of a clash of affidavits, where, as here, it is clear from all the surrounding circumstances and indeed from the admission of the disclosing party itself that documents whose existence was known and whose relevance was conceded have not been disclosed, the disclosure statement cannot be treated as conclusive. There is here no conflict of affidavits or evidence. It is clear from Mr Gibbs' own evidence that the scripts were accepted to be relevant documents and were not disclosed.
- When the scripts were ultimately disclosed, the list in which they were disclosed also disclosed a large number of other documents which had come to light. Mr Crow relied on the late disclosure of those documents as itself showing there had been a breach of the Unless Order. I find that submission less persuasive. As Stuart-Smith LJ said in Morgans v Needham, it does not follow simply because there was a further order for discovery made there was non-compliance with the first order. We know very little about the provenance or status of the original documents that were disclosed in the supplemental list. I do not rest my decision on that ground.
- Mr Davenport drew our attention to the recent decision of this court in Denton and TH White Ltd [2014] EWCA Civ 906 and in particular to what the court said about satellite litigation and non co-operation in paragraphs 39 to 45. One of the things that the court said was that:
"… it is wholly inappropriate for litigants or their lawyers to take advantage of mistakes made by opposing parties in the hope that relief from sanctions will be denied and that they will obtain a windfall strike out or other litigation advantage."
- I entirely accept that, but that was said in the context of twin objectives of compliance with orders and co-operation.
- In the present case six dates for disclosure had been set. None had been complied with. The trial date had already been vacated twice. A freezing order or its equivalent has been in place against these defendants for over 3 years. I do not think that it is possible to characterise what the former officers had done as sheer opportunism.
- For the reasons I have given I would allow the appeal.
There was an interesting discussion afterwards in relation to the effect of the order; the failure to file a schedule of costs in relation to the appeal; interlocutory cost and the claimants' intention to apply for relief from sanctions.
- LORD JUSTICE RIMMER: We have earlier given our judgments allowing the appellants' appeal. The consequence of that is that the Unless Order made by Henderson J on 7th June 2013 takes effect according to its terms, which is that under paragraph 1(1) of that order the proceedings brought by the liquidators stand struck out without further order of the court and the respondents are at liberty to enter judgment for their costs, such costs being subject to detailed assessment if not agreed. That is the ordinary effect of the order and the consequence of our allowing the appeal is that the order takes such effect.
- That means, in my judgment, that the proceedings in consequence of our order have reached a final determination within the meaning of the undertakings given by the appellants to the court as recorded in an order dated 10th October 2011, with the consequence that their undertakings have either already lapsed or if not must be regarded as lapsing or being impliedly released as from today.
- The further matters that we have to deal with are costs. The first matter is the appellants' costs of the appeal. It is not in dispute that they should be entitled to those costs and we so order; that is we order the respondents to pay the appellants' costs on the standard basis to be assessed if not agreed.
- The point has arisen in the course of argument as to whether we should having regard to paragraph 9.6 of Practice Direction 44 in the CPR, impose some sanction as regards those costs on the successful appellants by reason of the fact that they have not, even though this appeal has been disposed of within a day, produced a schedule of their costs so as to enable a summary assessment to be made. That paragraph, paragraph 9.46 confers a wide jurisdiction on the court but I would not exercise any of the powers that it confers.
- Mr Crow has persuasively argued that his clients and their advisers reasonably foresaw that this appeal would probably take a full day to argue and that it was likely that judgement would be reserved, the appellants having three separate points they wish to advance. In the event the court decided the appeal on the basis that the appellants were entitled to succeed on just one ground and so the appeal was in the event disposed of comfortably within the day. But I would accept Mr Crow's submission that it was reasonable for counsel and solicitors and clients to foresee that that is not what was going to happen and that it in the ordinary course be open to the appellants, if they won, to produce a costs schedule following the delivery of a reserved judgment.
- As it seems to me in the particular circumstances I have described it would be unfair upon the appellants to deprive them of any part of their costs of the appeal or to impose any sanction in respect of the costs of the assessment because of their failure to submit the schedule. I would not therefore do that and would simply award the appellants the costs of their appeal to be assessed if not agreed on the standard basis.
- As for the costs awarded by Birss J by his order of 16th October, the relevant provisions are in paragraphs 9 and 10. He ordered the appellants to pay the respondent's costs of the application or applications before him and ordered them to make an interim payment of £95,000 which has been paid.
- I would set aside those orders and order the respondents to pay the appellants' costs of the applications before Birss J. Mr Davenport submitted that we should not disturb Birss J's order because although the appellants advanced some 18 grounds in their evidence as to why the sanction imposed by the Unless Order had bitten, in the event counsel then arguing the case confined himself to just two submissions, including the one which has succeeded before this court today. Mr Davenport's submission was that because a large number of grounds had been flagged up but only two in the event were argued we should leave this order by Birss J undisturbed. I would not accept that submission. We do not know precisely what happened at the hearing before the judge but we do know that the argument was tailored down to the advancing of two main points, one of which we have considered well founded. The appellants were therefore entitled to succeed before Birss J but in the event did not. In my judgment it would be appropriate for the respondents to pay the appellants' costs of the applications before the judge.
- As regards the £95,000, I would order that that is repaid to the appellants by 4.00 pm 14 days from today, together with interests from the date of payment to the date of repayment at 1% above base rate.
- The next matter to which I should refer is that Mr Crow has asked that we should make an order on payment of account of the appellants' costs of the proceedings in the sum of £1 million. The estimated costs of the appellants of the proceedings being we are told something in the order of £2.5 million. We have before us no schedule supporting the figures said as to justify and interim payment. Mr Davenport opposes it and, in my judgment, rightly so. Given the complete absence of any supporting information, it would not be right for this court to make an interim payment of that order. It would in principle be open to the appellants to apply for an interim certificate in the course of the assessment of their costs before the costs judge.
- The only remaining matter with which I think need to deal is that Mr Davenport has offered an undertaking to the court that the liquidators will issue an application for relief from sanctions or alternatively and/or will restore the application for relief from sanctions which they have issued on 15th August 2013, within 28 days of today's date. He invites us to accept that undertaking and on that basis to stay various of our orders.
- I would not accept the undertaking and as follows I would not impose any stay on the orders which I would make. It seems to me that if the liquidators wish now to make or restore an application for relief from sanctions. They may or may not be entitled to do that. But that is a matter for them but as the proceedings have come to an end in the way I have described, I would not consider it appropriate to impose stays on the orders which in my judgment ought properly to be made.


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Check Out Our October Calendar
Make plans to come by That Painting Spot this October. We have fun art activities going on from our Ladies Night on Oct. 5th, our spooktacular art camp on Oct. 8, our Harry Potter Night on Oct. 12 and all of our painting classes throughout the month. Check out our calendar for even more events and specials!


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Your Stories
Culture Clashes around the world
Shirley tells us about when she went to Montreal, and a taxi driver honked and chased a bus off the road. "You didn't do that in Saskatoon!" She also talks about East Africa, where she taught for 5 years and had two children. Many years later, back in Canada, she meets the new African-born minister at her Church, and it turns out that he lived only 100 kilometers from where she had taught. He tells her that "You taught the leaders of my country!" Thanks for sharing, Shirley.
Back to Stories


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New photos from Greg Natale. Thanks Greg! These are of his first project after forming Greg Natale Interior Design. The repeating pattern is Florence Broadhurst's Step pattern seen here on wallpaper and fabric for the bedspread and blinds. The rooms garnered rave reviews and awards when unveiled in 2001 and featured in international publications. Very fashion forward at the time the apartment is still fresh and confronting in it's pattern use today. All this in a 70s red brick apartment. Fabulous!
wow… thaat bedroom would actually freak me out.
cool idea though… not sure if i could live like that…
The pattern may be a little intense for a bedroom but I love it. It's unique and modern and fun. Anyway, Jo had me at Florence Broadhurst.
Why are people so afraid of pattern? This is cool! Great job Greg. I loved your green pattern as well.
I love the pattern, but that does not look like a peaceful resting place. I would like this pattern in a kitchen personally.
Greg is such a huge talent. 6 years later the apartment still looks current.
Great look for a six pack unit. Bet the neighbours don't know what's behind that door.
1970's vibes with a modern twist, I love it!


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The Pains Of Being Pure At Heart + 800
2 lovely groups by the names of The Pains Of Being Pure At Heart and 800beloved came out this month that got me back to digging thru older songs from a few more older well known groups that most of us already know. It's nice to hear new groups taking hints of older material that is really specific sounding that inspired them and pushing it thru 2009 that is full of awful pop, weakened indie rock, and stagnant dance music. I truly feel like both these groups need to be heard since I would love to be dancing to music like this with a bunch of friends over most of what is out there not because its soo much better but it would be a perfect change of pace.
The Pains Of Being Pure At Heart – Young Adult Friction[audio:friction.mp3]
800beloved – Galaxies[audio:galaxies.mp3]
My Bloody Valentine – (When You Wake) You're Still In a Dream[audio:youwake.mp3]
The Smiths – Shoplifters Of The World Unite[audio:shoplifters.mp3]
Section 25 – Inspiration[audio:section25.mp3]
6 Comments Leave A Comment
grindle says:March 3, 2009 at 11:22 pm
These are great and totally where my head & heart lie!
Jakub says:March 3, 2009 at 11:28 pm
grindle –
we're best friends then
Adam says:March 4, 2009 at 7:08 am
Good Morning awesome!
really? says:March 4, 2009 at 10:40 am
"It's nice to hear new groups taking hints of older material…" I really feel like I have heard this sooo many times ; so I feel like "come on, it IS 2009", but still comfortable, like old jeans, forgotten at the bottom at the closet. maybe for the week-end.
Andy W. says:March 4, 2009 at 2:21 pm
That Section 25 album changed my life.
Jack R says:March 4, 2009 at 3:29 pm
If you're into PoBPAH you might also like this little band from the uk: exlovers
I saw them recently supporting Pete Doherty, they're excellent live