Tag Archives | Law

San Francisco Loses Legal Battle Over Warning Public About Cell Phone Radiation

cell phone radiation

Major phone companies appear to be winning the battle to suppress information about possible cancer risks from mobile phone usage, Reuters reports:

San Francisco city leaders, after losing a key round in court against the cell phone industry, have agreed to revoke an ordinance that would have been the first in the United States to require retailers to warn consumers about potentially dangerous radiation levels.

“This is just a terrible blow to public health,” Ellen Marks, an advocate for the measure, said outside the supervisors’ chambers. She said her husband suffers from a brain tumor on the same side of his head to which he most often held his mobile phone.

The 2011 ordinance mandated warnings that cellular phones emit potentially cancer-causing radiation. The statute, which a judge blocked before it took effect, also would have required retailers to post notices stating that World Health Organization cancer experts have deemed mobile phones “possibly carcinogenic.”

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Why You Should Never Speak To The FBI Without A Lawyer Present

From the ACLU of Massachusetts comes words of wisdom from civil rights lawyer Harvey Silverglate, who explains quickly and clearly why activists (or anyone else) should never have a conversation with an FBI agent without a lawyer and tape recorder present. The reason? Because the FBI is capable of blackmailing almost anyone into becoming an informant:

Learn how the FBI can manipulate what you say and use it against you, and how to prevent them from doing so! With civil liberties and civil rights attorney Harvey Silverglate.

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U.S. Department Of Justice Secretly Granted Immunity For Internet Providers Engaging In Cybersurveillance Program

cybersurveillanceIf it’s in the name of “security,” telecommunications corporations can now monitor users’ personal messages with special legal immunity granted from existing wiretapping laws, CNET News reports:

Obama administration officials have secretly authorized the interception of communications on networks operated by AT&T and other service providers, a practice that might otherwise be illegal under federal wiretapping laws.

The secret legal authorization from the Justice Department originally applied to a cybersecurity pilot project in which the military monitored defense contractors’ Internet links. Since then, however, the program has been expanded by President Obama to cover sectors including energy, healthcare, and finance starting June 12.

The Justice Department agreed to grant legal immunity to the participating network providers in the form of what participants in the confidential discussions refer to as “2511 letters,” a reference to the Wiretap Act codified at 18 USC 2511 in the federal statute books.

“The Justice Department is helping private companies evade federal wiretap laws,” said Marc Rotenberg, executive director of the Electronic Privacy Information Center, which obtained over 1,000 pages of internal government documents and provided them to CNET this week.

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ACLU Uncovers Illegal Debtors’ Prisons Across Ohio

debtors' prison

Despite being blatantly unconstitutional, citizens are commonly being jailed for their inability to pay tickets and fines, wreaking havoc on people’s lives (and costing the state far greater sums than the unpaid tickets), ACLU Ohio reveals:

The resurgence of contemporary debtors’ prisons sits squarely at this intersection of poverty and criminal justice. In towns across the state, thousands of people face the looming specter of incarceration every day, simply because they are poor.

For Ohio’s poor and working poor, an unaffordable traffic ticket or fine is just the beginning of a protracted process that may involve contempt charges, mounting fees, arrest warrants, and even jail time. The stark reality is that, in 2013, Ohioans are being repeatedly jailed simply for being too poor to pay fines.

The U.S. Constitution, the Ohio Constitution, and Ohio Revised Code all prohibit debtors’ prisons. The law requires that, before jailing anyone for unpaid fines, courts must determine whether an individual is too poor to pay.

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Monsanto Threatens To Sue Vermont If It Passes GMO Labeling Bill

monsanto foodAre Monsanto and the state of Vermont headed for a historic showdown in court? Or are the corporation’s threats enough to make lawmakers scuttle plans for a law that the public is overwhelmingly demanding? Alternet writes:

Despite overwhelming public support, Vermont legislators are dragging their feet on a proposed GMO labeling bill. Why? Because Monsanto has threatened to sue the state if it passes.

What happened to the formerly staunch legislative champions of Vermont’s “right to know” bill? They lost their nerve after Monsanto representatives recently threatened that the biotech giant would sue Vermont if they pass the bill. [Officials] expressed concern about Vermont being the first state to pass a mandatory GMO labeling bill and then having to “go it alone” against Monsanto in court.

During the hearings the Vermont legislature was deluged with calls, letters, and e-mails urging passage of a GMO labeling bill – more than on any other bill since the fight over Civil Unions in 1999-2000.

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The National Disgrace Of Marijuana Possession Arrests

marijuana arrestsThe New Inquiry, sociologist Harry Levine explains the terrible mechanics propelling apartheid-style law enforcement in America:

Police arrest mostly young and low-income men for marijuana possession, disproportionately blacks and Latinos. In the last 15 years, police and sheriff ’s departments in every major U.S. city and county have made over 10 million of these possession arrests. Most people arrested were not smoking. They were carrying tiny amounts.

Police make so many because they are relatively safe and easy arrests. All police have arrest quotas and often they can earn overtime pay by making a marijuana arrest toward the end of a shift. The arrests show productivity. Making many low-level arrests of all kinds is very good for training rookie police who gain experience doing many stops and searches of teenagers.

There is also a push nationally, to states, counties, and city police departments, to get as many new people as possible into the criminal databases.

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Attacks Against Emos And Goths To Be Considered Hate Crimes In United Kingdom

In five years, Bronies will be added to the census. The Huffington Post UK writes:

A police force has become the first in the country to record attacks on goths, emos and punks as hate crimes. Abuse towards alternative subcultures will be classed in the same way as those based on race, religion, disability or sexual orientation.

The historic move was welcomed by the mother of teenager Sophie Lancaster, who was kicked to death in Bacup, Lancashire in 2007 because she was dressed like a goth. Miss Lancaster, 20, was kicked and stamped to death because she was dressed as a goth in a park in Bacup in August 2007.

A police spokesman said: “From April 2013 Greater Manchester Police also now records alternative sub-culture related hate crime.” There are no immediate plans to change the national hate crimes register, but last year Equalities Minister Lynne Featherstone acknowledged that the five recognized categories of hate crime was “an incomplete list”.

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States Outlaw Videotaping of Animal Cruelty

Dead-pigWhat kind of society passes laws like these? Well about 12 states in the US, for a start. Richard A. Oppel, Jr. reports for the New York Times:

On one covert video, farm workers illegally burn the ankles of Tennessee walking horses with chemicals. Another captures workers in Wyoming punching and kicking pigs and flinging piglets into the air. And at one of the country’s largest egg suppliers, a video shows hens caged alongside rotting bird corpses, while workers burn and snap off the beaks of young chicks.

Each video — all shot in the last two years by undercover animal rights activists — drew a swift response: Federal prosecutors in Tennessee charged the horse trainer and other workers, who have pleaded guilty, with violating the Horse Protection Act. Local authorities in Wyoming charged nine farm employees with cruelty to animals. And the egg supplier, which operates in Iowa and other states, lost one of its biggest customers, McDonald’s, which said the video played a part in its decision.

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California “Right to Know” Act Would Reveal What Companies Have Your Personal Data

It’s time that Americans had data rights. The Electronic Frontier Foundation explains an initiative being introduced by Los Angeles-area Democratic representative Bonnie Lowenthal with support from the EFF and ACLU:

Let’s face it: most of us have no idea how companies are gathering and sharing our personal data. A new proposal in California, supported by a diverse coalition (including EFF, the ACLU of Northern California, civil liberties groups, domestic violence advocates, consumer protection groups, sexual health, and women’s rights groups) is fighting to bring transparency and access to the seedy underbelly of digital data exchanges.

The Right to Know Act (AB 1291) would require a company to give users access to the personal data the company has stored on them—as well as a list of all the other companies with whom that original company has shared the users’ personal data—when a user requests it.

Lots of people around the world already enjoy these rights.

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How A Man Was Sentenced To Life In Prison For Stealing A Pair Of Socks

Via Rolling Stone, Matt Taibbi on crime and punishment under California’s Three Strikes law:

Suddenly, a pair of socks caught his eye. He grabbed them and slipped them into a shopping bag. “No, they were ordinary white socks,” he says, not knowing whether to laugh or cry. “Didn’t even have any stripes.”

Wilkerson never made it out of the store. At the exit, he was, shall we say, over­enthusiastically apprehended by two security officers. Thanks to a brand-new, get-tough-on-crime state law, Wilkerson would soon be sentenced to life in prison for stealing a pair of plain white tube socks worth $2.50. Because Wilkerson had two prior convictions, both dating back to 1981, the shoplifting charge counted as a third strike against him. He was sentenced to 25 years to life, meaning that his first chance for a parole hearing would be in 25 years.

Wilkerson is unlucky, but he’s hardly alone.

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