FBI General Counsel reveals that around 3,000 warrantless GPS trackers were removed after the ruling in U.S v. Jones clarified their illegality (judgement PDF) (previous FPP). The ruling that a mosaic of surveillance technologies may form an issue when considered individually and the FBI's view of likely future judgements on the matter is particularly interesting in the light of the forthcoming cert/standing findings regarding warrantless eavesdropping.
The United States Court of Appeals for the Eleventh Circuit ruled yesterday [.pdf] that a citizen's refusal to decrypt encrypted drives is protected by the Fifth Amendment, at least under some circumstances. In doing so it reversed the district court's contempt order entered against a John Doe defendant after he refused to decrypt his laptop hard drive and five external hard drives in response to a subpoena. This decision arguably conflicts with an earlier decision in which a district court in Vermont required a defendant to provide the password to his encrypted drives. The Eleventh Circuit distinguishes the earlier case on the basis that the government in that case knew of the existence of the files and simply couldn't access them, while in the recent case the government did not know the names of files or even whether or not files actually existed on the encrypted drives.
The Control Revolution And Its Discontents - "the long process of algorithmisation over the last 150 years has also, wherever possible, replaced implicit rules/contracts and principal-agent relationships with explicit processes and rules."
Are the X-Men Human? The US government says yes, these people are no different from you or I, but Marvel claims their strange mutations and powerful augmentations move them beyond humanity into the realm of monsters, angels and devils. This Radiolab short explains why Marvel Toys argued in the US Court of International Trade that Wolverine, Professor X and Storm are inhuman. [more inside]
Kirby Ferguson's fourth and final installment of Everything is a Remix: System Failure has been released. (Also on YouTube.) It covers intellectual property rights, the derivative nature of creativity, patents and copyright. Transcript. [more inside]
MI6 intends to use the 1994 Intelligence Services Act to deny all application of UK law to extraordinary rendition. The case in question revolves around the forcible extradition of several Libyan dissidents back to Gaddafi's Libya and entirely predictable torture, including a pregnant woman. s.7 of the Act states that any intelligence agency action authorised on foreign soil by a Secretary of State is automatically exempt from legal action in any UK court. This could be said to conflict in some ways with the Human Rights Act 1998 and international law, especially since the HRA may be held to have implicitly repealed s.7 of the 1994 Act. [more inside]
At reddit we care deeply about not imposing ours or anyone elses’ opinions on how people use the reddit platform. We are adamant about not limiting the ability to use the reddit platform even when we do not ourselves agree with or condone a specific use. We have very few rules here on reddit; no spamming, no cheating, no personal info, nothing illegal, and no interfering the site's functions. Today we are adding another rule: No suggestive or sexual content featuring minors. - After much complaint, Reddit gets rid of /r/jailbait and selected subreddits with similar content.
"The Fraley plaintiffs sued Facebook, alleging that its 'Sponsored Stories' feature, which displays ads on Facebook containing the names and pictures of users who have 'Liked' a product, violated California’s Right of Publicity statute. The statute forbids the commercial use of an individual’s name or likeness without consent. Integral to the plaintiffs’ claim was the assertion they had been injured because they were “celebrities” to their Facebook friends, such that their endorsements of the products in the Sponsored Stories held economic value—economic value that they were deprived of when Facebook published their Stories without their consent." - Famous for Fifteen People (Stanford Law Review): Celebrity, Newsworthiness, and Fraley v. Facebook (Citizen Media Law Project)
The main thing about impersonation, Tom thought, was to maintain the mood and temperament of the person one was impersonating, and to assume the facial expressions that went with them.
Gigi Gordon dies at 54; crusading criminal defense lawyer. 'Defense attorney Gigi Gordon, who was hailed as 'an unstoppable force for justice,' battled corrupt police and overzealous prosecutors to free dozens of prisoners who had been wrongfully convicted.''"She changed the way criminal law was practiced in this county," said her ex-husband, Andrew M. Stein, who also is a criminal defense lawyer. "People don't realize how many people she set free."' [more inside]
Con Artist Starred in Sting That Cost Google Millions - The government's case also contained potentially embarrassing allegations that top Google executives, including co-founder Larry Page, were told about legal problems with the drug ads. [more inside]
UK Photographers who compose a picture in a similar way to an existing image [PDF] risk copyright infringement, lawyers have warned following the first court ruling of its kind.
In a unanimous decision [PDF], the Supreme Court has ruled on United States v. Jones and found that placement of a GPS tracker on a car by police is a violation of the fourth amendment—but is the ruling as clear-cut as it seems? [more inside]
David Grann of the New Yorker writes about the power of the Aryan Brotherhood inside America's federal prisons.
All this brings me to an Indian I want you to know better than his jury did—Douglas Ray Stankewitz, the longest tenured inmate on California’s death row. Like most Indians who find themselves in a group of non-Indians, he is currently known as Chief, but unlike many Indians, he is proud of the nickname. The government wants to kill Chief because Theresa Greybeal was shot dead in the course of a robbery by a group of people high on heroin, and there is no question that Chief was one of them. There is a serious question about who pulled the trigger, and juries are reluctant to kill individuals who did not pull the trigger. But as far as his jury knew, Douglas Stankewitz pulled the trigger. And he might have, but we will never know, based on his trial.
What's one thing the major GOP candidates can all agree on? Why, the need to be hard on porn, of course. Morality in Media (MIM, previously) recently revealed that presidential hopefuls Santorum, Romney, and Gingrich had all affirmed the group's drive for "enforcement of obscenity laws". And the multi-billion-dollar per year industry? Adult Video News responds to the campaign (nsfw ads).
The Obama White House formally speaks out against SOPA, PIPA. The Obama White House has come out against the Stop Online Piracy Act. The move has -- unsurprisingly -- drawn responses from the MPAA, RIAA, and other interested parties.
Two months after being kicked out by the NYPD in an early morning raid, the Occupy Wall Street protestors have returned to Zucotti/Liberty Plaza to meet new regulations that make protesting all but impossible. Meanwhile, OWS is looking for an accountant and NYC councilman Ydanis Rodriguez wants to donate his 5k stipend to the protestors. Yasha Levine of The Exiled writes about his arrangement hearing after being arrested during the Occupy LA raid and Political Cartoonist and Essayist Tim Kreider releases four essays he wrote during the first occupation of Zucotti/Liberty Plaza, "What OWS Wants" "Capitalism, A Bummer" "An Open Letter To The Tea Party." and "OWS: The Morning After." [more inside]
My Guantánamo Nightmare. Lakhdar Boumediene was imprisoned at Guantanamo Bay for seven years without explanation or charge until his case made it to the Supreme Court, leading to a decision which bears his name and his release ordered by a federal judge. The NYTimes has his and another account from another former detainee: Notes From a Guantánamo Survivor. [Via]
England's Obscenity Trial of the Decade is over, with unanimous Not Guilty verdicts being returned for all 6 charges. R v Peacock was a rare outing for the Obscene Publications Act 1959 and its out-lawing of media which depraves and corrupts, and despite being shown DVDs of explicit homosexual acts, fisting, testicular torture, rape scenes, prolaspses and other acts the prosecution described as extreme the jury decided the material didn't breech the law. Alex d. live tweeted the proceeding and Peacock's supprters are celebratory. The question now is what is obscene in today's society, and is the act still relevant. [more inside]
Bugs and Beasts Before the Law - "Murderous pigs sent to the gallows, sparrows prosecuted for chattering in Church, a gang of thieving rats let off on a wholly technical acquittal – theoretical psychologist and author Nicholas Humphrey explores the strange world of medieval animal trials." More on the theme of barnyard scapegoats from the BBC podcast documentary: Animals on Trial.
Two days ago, U.S. President Barack Obama signed into law the NDAA (National Defense Authorization Act), "with reservations about key provisions in the law — including a controversial component that would allow the military to indefinitely detain terror suspects, including American citizens arrested in the United States, without charge". [more inside]
On October 22, 2011 I was arrested by the DEA for cultivation and distribution of psilocybin mushrooms.
There has been an increasing outcry over the bleak job prospects facing law school graduates. Paul Campos, author of the "Inside The Law School Scam" blog, argues that continued high enrollment at law schools may be due to "lemming psychology".
"For the show’s editor, the genre is a new Russian art form, celebrating real-life proletarian characters."
Mother of all TV shows: [Financial Times] Russia’s latest hit, ‘Mother in Law’, makes ‘Big Brother’ look like ‘Sesame Street’.
Being gay was considered a mental disorder by psychiatry - until 1973 - when the battle lines were drawn. Reporter Alix Spiegel continues the gripping story that spurred a radical rethink. It's the story of a closeted cartel of powerful, gay psychiatrists; of confrontations with angry activists; a shrink dressed in a Nixon mask, and a pivotal encounter in a Hawaiian bar. [more inside]
Want your new law school to get accredited by the American Bar Association? Be prepared to jump through some hoops.
The crime against women that no one understands "They would be 10 educated, professional women versus a demonstrated liar—a man who had pretended to be a doctor, a CIA employee, even an astronaut—whom a court-appointed psychologist would decide met the legal definition of a "sexually violent predator." And yet the most remarkable thing about both trials wasn't the way they exposed the alleged tactics of a serial date rapist. It was that despite the outrageousness of the accusations against Marsalis, the testimony of 10 women wasn't enough to get a single rape conviction against him. The verdicts in these cases would be far lighter than his accusers sought—and victims' advocates say the outcome reveals a disturbing truth about the justice system. Nationwide, despite all the legal advances of the past three decades, little has changed for women who report a date rape. Because in far too many instances, juries don't believe date rape exists."
Samir Zia Chowhan, sensing a prime opportunity in this down economy, set out to hire a secretary who could not only do the typing and filing, but could also engage in group sex with Chowhan and his law partner. The Illinois Supreme Court found that this is conduct unbecoming of an attorney and suspended Chowhan's law license.
Even the most seemingly entrenched powers can be undermined and weakened and replaced by other human beings. And if it's not happening, it's not because it's impossible, it's because we just haven't figured out the right way to do it. And so the challenge of figuring out the right way to do that, and the role that I can play in it, and the way in which I can use my skills and my knowledge and my experience in order to contribute to it, is a really important and invigorating challenge for me. It becomes a work of passion, a sort of labor of love.As part of its "Conversations with History" series, UC Berkeley recently interviewed Glenn Greenwald, who discusses not only law and other issues, but his history and personal motivations for blogging. (1-hour SLYT) [more inside]
An Oregon judge has ruled that a Montana blogger is not eligible for the legal protections afforded to journalists, letting stand a $2.5 million defamation verdict. At the end of the Ars Technica article there's a link to a Forbes article that contains some more details and the text of an email that didn't help the blogger's case.
Malaysia is proposing a Computing Professionals Bill, based on the Registration of Engineers Act [.PDF] which makes it mandatory for all practicing "computing professionals" to be registered with a government body. Dealing in the IT industry, including sending “proposals, plans, designs, drawings, schemes, reports, studies or others to be determined by the Board to any person or authority in Malaysia” without being registered will incur a fine not exceeding RM20,000 (~US$6380) or 6 months in jail. Malaysian IT professionals and geeks are up in arms, and similarities have been drawn to Nigeria's law on computing professionals.
After almost 30 years of appeals and legal maneuvering, Philadelphia prosecutors have abandoned attempts to impose the death penalty on Mumia Abu-Jamal for killing police office Daniel Faulkner in December 1981. Background, previously.
High school student Emma Sullivan posted a tweet disparaging Kansas Governor Sam Brownback while on a field trip to the State Capitol. Brownback's staff called Sullivan's principal and complained. This has not resulted in postive PR for Brownback.
Professor Herwig Schlunk of Vanderbilt University explores whether a law degree is a good investment today. (SSRN link) [more inside]
Sociologist Lauren Rivera of Northwestern spent two years researching the way elite financial and law firms really select their new hires. The original paper is behind a sciencedirect paywall, but Bryan Caplan has a nice write-up about the results. You're much better off with a degree from a tippy-top school than just any Ivy -- but they don't actually care about what you learned there. Your grades don't matter that much as long as they're not bad. Climbing a famous mountain or making a varsity team, especially if you're nationally competitive, would be wise. And oh yeah -- they do care what you got on your SATs. More reax from the Chronicle of Higher Ed and physicist Steve Hsu.
Tomato: fruit or vegetable? In 1893, the US Supreme Court unanimously ruled in Nix v. Hedden that the tomato is legally a vegetable and not a fruit, botanical definitions be damned. In 2001, the European Union disagreed, saying that "tomatoes, the edible parts of rhubarb stalks, carrots, sweet potatoes, cucumbers, pumpkins, melons and water-melons are considered to be fruit". [more inside]
Roger Guimera Manrique and Marta Sales-Pardo have shown that "U.S. Supreme Court justice votes are more predictable than one would expect from an ideal court composed of perfectly independent justices." [more inside]
"In almost all cases it is not possible to bring a civil action against" a website that hosts your nude images posted without your consent.
This past July, Forbes blogger Kashmir Hill posted a three-part series about "online defamation and involuntary nudity." The first entry focused on an offender: Hunter Moore, owner of IsAnyoneUp.com (Link is NSFW.) The second entry focused on a victim: Paul Syiek, whose company was defamed by a disgruntled ex-employee on the consumer website Rip-off Report. The third profiled a Senior Copyright attorney at Microsoft, Colette Vogele, who co-founded a side project this year to help victims: WithoutMyConsent.org. [more inside]
Testing by Food Safety News has shown that more than 75% of the honey being sold in the United States does not qualify to be labeled for sale as "honey". [more inside]
Mr. Remis’s wedding took place in 2003 and he waited six years to sue. And not only has he demanded to be repaid the $4,100 cost of the photography, he also wants $48,000 to recreate the entire wedding and fly the principals to New York so the celebration can be re-shot by another photographer. Among the many hurdles: He no longer knows where his now-ex-wife lives.
The White House recently opened a website entitled We the People: Your Voice in Our Government, "[a tool which] provides you with a new way to petition the Obama Administration to take action on a range of important issues facing our country." They have issued a response to a petition to Legalize and Regulate Marijuana in a Manner Similar to Alcohol.
Since 1988, the Center for Reproductive Rights has compiled a visual map of the laws regulating abortion throughout the world. Earlier this month, they released their 2011 Map in pdf and updated their online World Abortion Laws Map in a new interactive format which allows country comparisons and provides text of abortion laws for certain countries. (Via Good: Can I get an Abortion Here? The Abortion Rights Map of the World)
There are an increasing number of homeless military vets living in Los Angeles. The VA in Los Angeles has a 400 acre parcel of land meant to house vets. Slight problem: the VA has decided to lease the property to various area businesses instead of using the land for its intended purpose.
F*ck You! Pay Me! Customers not wanting to pay for work done (or pay less than what was originally agreed to) is a common problem that many business owners run into. In this 40 minute video, Mike Monteiro, a web designer, and his lawyer offer advice on how to get clients to pay up. The talk is aimed at freelancers and small firms that provide creative services. Note: There is some swearing in this video. [via Ask Mefi]