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Wednesday, September 5, 2012

Personal statement and testimony, intended to be given to the ACLU


Personal statement and testimony, intended to be given to the ACLU


  Statement of _James F. Lico, a Non-consensual Human Subject who resides in _Everett, Washington_ to “Opt-Out” or Discontinue Participation in the Human Subject Research/Experiment

Introduction:
In the Bioethics Commission’s report released on December 15, 2011, the Bioethics Commission suggested that to keep track of the more than 55,000 research projects using human subjects, the Federal government should create a central online portal and database where basic information about the projects are archived and made easily accessible and further concluded that it “cannot say that all federally funded research provides optimal protections against avoidable harms and unethical treatment”. The Bioethics Commission also said although human subjects in US government-funded research are generally protected by existing rules and regulations, their safety and well-being could be enhanced with stronger measures, including increased public transparency and a system of compensating subjects who sustain research-related injuries.
Research is defined by the Common Rule regulations as “a systematic investigation, including research development, testing, and evaluation, designed to develop or contribute to generalizable knowledge. Activities which meet this definition constitute research for purposes of this policy, whether or not they are conducted or supported under a program which is considered research for other purposes. For example, some demonstration and service programs may include research activities.”  Medical experiment is defined by California Law, Health & Safety Code Section 24171 as “the severance or penetration or damaging of tissues of a human subject or the use of a drug or device, electromagnetic radiation, heat or cold, or a biological substance or organism, in or upon a human subject in the practice of research of medicine in a manner not reasonably related to maintaining or improving the health of the subject or otherwise directly benefiting the subject.
Human Subject is defined by the Common Rule regulations as “a living individual about whom an investigator (whether professional or student) conducting research obtains either a) data through intervention or interaction with the individual or b) identifiable private
information.” Human subject is defined by FDA regulations as “an individual who is or becomes a participant in research, either as a recipient of the test article or as a control. A subject may be either a healthy human or a patient. Subject [also] means a human who participates in an investigation, either as an individual on whom or on whose specimen an in//vestigational device is used or as a control.”
Human subject research should adhere to the ethical principles and guidelines for the protection of human research participants summarized in the uniform set of regulations, called the Federal Policy for the Protection of Human Subjects, 45 CFR 46, Subpart A, formally known as the “Common Rule.” The 45 CFR 46 regulations are based in large part on the Belmont Report and were written to offer basic protections to human subjects involved in both biomedical and behavioral research. Today, 45 CFR 46, Subjects A and E: Registration of Institutional Review Boards (added 1/15/2009) is shared by 17 Departments and Agencies, representing most, but not all, of the Federal Departments and Agencies sponsoring human subjects research. Many of them have not adopted Subpart B: Additional Protections for Pregnant Women, Human Fetuses & Neonates Involved in Research, Subpart C: Additional Protections Pertaining to Biomedical & Behavior Research Involving Prisoners as Subjects, or Subject D: Additional Protections for Children Involved as Subjects in Research. For the past 20 years, 45 CFR 46, have been considered merely “guidelines” and is not a lawfully, promulgated regulation.
Before a research project involving human subjects is initiated, it must be reviewed and approved by an Institutional Review Board (IRB).  The IRB has a central role in ensuring that all human subject research is planned and conducted in an ethical manner, and in compliance with federal, state and local regulations. The major responsibilities of the IRB are to assess the risks and benefits of proposed research and to promote respect for its advice and counsel in safeguarding the rights and welfare of human subjects.


  Statement of _James F. Lico, a Non-consensual Human Subject who resides in _ Everett, Washington _to “Opt-Out” or Discontinue Participation in the Human Subject Research/Experiment

Request to “Opt-Out” or Discontinue Participation as a “Non-consensual” Human Subject
 Section I.**Include a couple of lines about your background and a short introduction about yourself.***
I, _James F. Lico _ believe I may have been randomly selected as a participant, or human subject, in a research/experiment without my voluntary, informed consent, either orally or written and without my knowledge.  I met the definition of being a human subject in a research/medical experiment.   

I am being tracked, tortured, monitored, & targeted with information & communications technology by my fellow American citizens.
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My name is James Francis Lico and I will be 61 years old on November 5th. DOB=11/05/1951 and SSN=262-044-9621.  I have a bachelor degree in computer science and two associate degrees, one in electronics engineering technology and one in biology.  I have narcolepsy, hypertension, arthritis and obstructive sleep apnea.  
I am constant electronic surveillance with chemical and electromagnetic attack I am a member of a group of people in America known as "Targeted Individuals", all with identical symptoms.   
I was originally targeted with torture/kill technology while I was living in Cape Coral FL in 2010.  However I may have been under surveillance before that.  I worked at the School District of Lee County FL from 1998 until 2010 as Application Support Specialist for 11 years.  I had been gang stalked at work when I was laid off one day before I was to go on a two week vacation.  I filed a complaint with the EEOC (Equal Employment Opportunity Commission) for age discrimination and disability discrimination.  I am waiting to hear back about that. 
I was chased out of my house and took the first good offer to sell.  I was attacked viciously while in FL and so I decided to move.  I first moved to High Springs FL, but was financially taken advantage of and then falsely arrested and placed in Jail for 45 days.  The woman said she owned the house but in fact it was owned by her psychiatrist as I later found out through county tax records.  Even though I had the bail, I was allowed to stay in jail the entire time.  I lost all of my belongings, except for some guns that were confiscated by the police.  The police have not been helpful and seemingly assisted the woman who defrauded me.  I lost $15,000 plus all of my belongings valued at $75,000.  My record remains clean.   Even though the Police said I must come to them due to the no contact order, they refuse to even call this woman to verify whether or not my belongings are at her residence and will not let me file charges against her for Elder abuse.  They tell me it is a civil matter and I know the first question the defense will have is why I didn’t file charges against this woman.  They know I can’t afford to go to civil trial, so she will get to keep her ill-gotten gains thanks to the High Springs Police Department.   She filed a false police report and they don’t even want to ask the question why she lied about owning the house, which was their reason for arresting me.  It is suspected by many TI’s that numerous psychiatrists have active interests and participation in the targeting of American Citizens. 
 I decided to move to Washington State to get a job, because there were more jobs available in the technology field.  Leaving the Lee County area did no good and I was to find that no matter where I went in the country, I would be followed and receive the same torture/kill treatment.  I have gone completely through my life savings quickly because I have been on the run from the horrible program or experimentation I am controlled by.
I had to apply for food and living assistance in July because the State of Florida Employment Security Division had put me under investigation for 6 months they would not pay me unemployment insurance they owed me.  They were embarrassed into it because I was on assistance in another state and they had no excuse for investigating me.   Inability to obtain a job is not a crime.  I have had interview, yet no job has come from it.  TI’s are under perpetual investigation with potential employers informed that I am a terrorist suspect.  It will be a miracle if I can obtain another job at this point.
I have 3 RFID microchip implants as verified by Jessie Beltran in Sacramento CA and Seattle WA.  I have one each in right/left upper temporal area and one in left shoulder.  Please see you tube video. 
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In the National Institutes of Health, Office for Protection from Research Risks (OPRR) 1993 Institutional Review Board Guidebook states, attention should be paid to subjects' rights when they decide to withdraw from participation in the study. The federal regulations clearly require that subjects be free to withdraw from participation without penalty or loss of benefits to which they are otherwise entitled [Federal Policy §116(a) (8)].”
In addition, the National Commission for the Protection of Human Subjects believed that those who are already burdened (e.g., by disabilities or institutionalization) should not be asked to accept the burdens of research unless other appropriate subjects cannot be found (i.e., if the research concerns their particular disability or circumstance).
This human subject research/experiment has failed to comply with the terms in Title 45 Public Welfare Part 46 Protection of Human Subjects (45 CFR 46). This part of the “Common Rule” is intended to allow IRBs to waive informed consent in its entirety or any of the required elements of informed consent.  In order for this human subject/experiment to waive informed consent it had to meet the 4 criteria in 45 CFR 46.116 (d). An IRB may approve a consent procedure which does not include, or which alters, some or all of the elements of informed consent set forth in this section, or waive the requirements to obtain informed consent provided the IRB finds and documents that: (1)The research involves no more than minimal risk to the subjects; (2) The waiver or alteration will not adversely affect the rights and welfare of the subjects; (3) The research could not practicably be carried out without the waiver or alteration; and (4) Whenever appropriate, the subjects will be provided with additional pertinent information after participation.
Risk is defined in The IRB Guidebook as the probability of harm or injury (physical, psychological, social, or economic) occurring as a result of participation in a research study. Both the probability and magnitude of possible harm may vary  from minimal to significant. Federal regulations define only "minimal risk."  Minimal risk is defined in the Common Rule as the probability and magnitude of physical or psychological harm that is normally encountered in the daily lives, or in the routine medical, dental, or psychological examination of healthy persons.
II.** Revise and discuss your pain, violations of your rights, privacy, safety & welfare as a human subject. **
The human research practices, presents a danger to my overall well-being and has violated my rights and welfare as a  human subject. which I am experiencing, should be reclassified as “cruel and unusual punishment” or “crimes against humanity”, which goes way beyond the physical or psychological harm that is “normally” encountered in our daily lives or in the routine medical, dental, or psychological examination. I am experiencing intentional infliction of severe physical pain or suffering, which violates my rights and falls under the purview of 18 USC § 2340 Torture.______________________________
I am under constant 24/7 electronic surveillance with directed energy weapons, chemical attacks, electronic and chemical harassment, as well as being followed by car and on foot by organized stalkers.  I feel stings all over my body, especially my eyes, head, shoulders and genital areas.  I am microwaved sometimes from more than one source, with the handler eliciting outside perpetrators to use portable microwave weapons on me.  The microwaving makes my skin burn and my heart has to work a lot harder and I feel like I have a heavy weight on my chest.  When I am out, I am squirted with chemicals.  People break into my car and my apartment to replace chemicals, but they never take anything.  They want me to know they are always present and to have a hopeless feeling, that there is nothing I can do to avoid being tortured to death and there is nothing I can do. 
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Section III. ***Discuss about how this waiver adversely affected you rights and welfare as a human subject?***
Personal privacy is important to ethical research as stated in 45 CFR 46.111, but this human subject research has not met all of the requirements to protect the human subjects. My confidentiality and privacy rights have been violated. Invasion of privacy concerns access to a person's body and the “researchers” and countless of men, women, and children, also called “informants” or “perps” who have access to my body 24/7 without my informed consent or knowledge. The “researchers” have never contacted me about pertinent information after participation.

I know the handler can hear and see me at all times.  If I say I am going to a particular store, then I will be met at the store by a gang of stalkers who will harass me and squirt chemicals on me.  If I read something on the internet having to do with the targeting, then the chemical or microwave attacks get more intense, like right now.  The handler has a chemical to keep me awake making my heart pound, and one to put me to sleep.  Sleep can and is also be induced by microwaves.  About every month or so the torture increases to a point where it is unbearable, as if they are seeing if they can kill me or make me call the police.  After a few days of that they back off to a lesser degree of torture.  Also, if I run into a problem, they know what it is, try to make it worse and also increase the torture to see if I can be broken.  My phones are tapped and my cell phone is manipulated constantly.   My computer is accessed remotely, files are deleted and I have even seen this happen in real time.
The torture is taking its toll and I feel short of breath, do not leave the apartment and do not get enough exercise or proper nutrition.  I have no health insurance and cannot see a doctor when necessary.  I know if I complain too loudly, then I will be put into an institution.  No one will help me nor do they know anything about this program, even though it has been ongoing for years.  The police and other public service workers seem to be in on this and even help the perpetrators out.

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Section IV. ***This section is not applicable to me***
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Both the National Commission for the Protection of Human Subjects and the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research recommended that such waivers be granted only if subjects will not be denied benefits or services to which they are otherwise legally entitled. The waiver of informed consent has diminished the protection of my rights and welfare as a non-consensual human subject. I have received no respect as a non-consensual human subject. There is a non-verbal element that “whatever happens to the human subject is of no personal concern to the researcher. They can do whatever they want to the human subject and there is nothing that the human subject can do about because no one will help the human subject.” 
For research involving more than minimal risk, an explanation as to whether any compensation and an explanation as to whether any medical treatments are availability of medical treatment and compensation in the case of research-related injury, including who will pay for the treatment and the availability of other financial compensation as stated in 45 CFR 46.116(a)(6). In July 2005 the National Academy of Sciences came to the conclusion that the preponderance of scientific evidence shows that even very low doses of radiation pose a risk of cancer or other health problem and there is no threshold below, which exposure can be viewed as harmless. According to data from Hiroshima and Nagasaki, show that symptoms may persist for up to 10 years and may also have an increased long-term risk for leukemia and lymphoma. The effects of radiation on the human body can be found at www.atomicarchive.com/Effects/radeffects.shtml.  Will the human subjects of this non-consensual human subject research be compensated due to research-related injury?
The waiver of informed consent has caused adverse consequences for my welfare and for my general well-being, as well as, my loved ones. In addition, our rights, safety, dignity, welfare, and privacy as non-consensual human subjects have been violated. This human subject research/experiment has also failed to comply with the terms of the policy, 45 CFR 46 therefore, as stated in 45 CFR 46.123 it should be subject to termination or suspension.  If I continue in this “loosely controlled” research/experiment, it will likely result in irreversible permanent injury, radiation-induced diseases or even pre-mature death for myself (this request also includes my family members who were systematically included in this because of me), because the “researchers” are operating above the law and below the accepted standard of scientific, ethical, and humane research. I am requesting to “opt-out” or discontinue my participation immediately out of this non-consensual human subject research/experiment without prejudice. The “Common Rule”, 45 CFR 46.116 (a) (8) states, “and the subject may discontinue participation at any time without penalty or loss of benefits to which the subject is otherwise entitled.” I am not waiving any legal claims, rights or remedies because of my participation as a non-consensual human subject. The legal rights as a human subject may not be waived and the human subject may not be asked to release or appear to release the investigator, the sponsor, the institution or its agents from liability for negligence.
Section V. Revise this area base as an individual or as a family by changing the tenses
I, _James F. Lico____ certify that my decision to “opt-out” or discontinue participation in this human experiment is without the intervention of any element of force, fraud, deceit, duress, coercion or undue influence on my decision. I am requesting to “opt-out” or discontinue my participation because of my rights as a human subject as stated in 45 CFR 46 116 (a) (8). This request includes all of my immediate family members who were thrust in this unethical, human subject research/experiment without their consent or without their knowledge. I/We have endured grave civil, constitutional & human rights abuses. We have suffered unimaginable pain & suffering, which is needless & senseless. Our rights, safety, dignity, welfare, and privacy as a non-consensual human subject(s) have been violated. This human subject research/experiment has also failed to comply with the terms of the policy, 45 CFR 46 therefore, as stated in 45 CFR 46.123 it should be subject to termination or suspension.






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