Tag Archives | Law

Warrantless Government Requests For Your Twitter And Google Data Continue To Increase

It seems that using email or social networks, nothing is actually private. The Atlantic Wire reports:

Twitter has released its second biannual Transparency Report and — what do you know? — Twitter is still giving away more user information requested by the U.S. government than ever, and without a warrant.

Twitter got 815 total requests in the last six months, and more than 80 percent of the U.S. government’s asks on user data came without a warrant. Google, too, has seen an uptick in government requests, reporting a total 21,389 requests for information in 2012.

U.S. officials are asking for more of what we’re doing from more of our daily Internet activities — typically without getting a court’s permission. Google, however, is lobbying [for better privacy protection], and this year the Senate will vote on an updated version of the Electronic Communications Privacy Act that requires a warrant for all email and private communication stored over the cloud.

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It Is Now A Felony To Unlock Your Smartphone

The gadgets that you paid for control you, not the other way around. The Atlantic on the most ridiculous law of 2013:

Starting this weekend it is illegal to unlock new phones to make them available on other carriers. Seriously: It’s embarrassing and unacceptable that we are at the mercy of prosecutorial and judicial discretion to avoid the implementation of draconian laws that could implicate average Americans in a crime subject to up to a $500,000 fine and up to five years in prison.

When did we decide that we wanted a law that could make unlocking your smartphone a criminal offense? The answer is that we never really decided. Instead, Congress passed the Digital Millennium Copyright Act (DMCA) in 1998 to outlaw technologies that bypass copyright protections. In practice it has terrible, and widely acknowledged, negative consequences that affect consumers and new innovation. The DMCA leaves it up to the Librarian of Congress (LOC) to issue exemptions from the law, exceptions that were recognized to be necessary given the broad language of the statute.

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Internet Connection Is Civil Right, German Court Rules

In the near future, in certain regions of the world, denying someone internet will be considered a barbaric, criminal act. Computer World UK reports:

Internet access is crucial to everyday life and the loss of connectivity is deserving of financial compensation, the German Federal Court of Justice has ruled. Because having an internet connection is so significant for a large part of the German population, a customer whose service provider failed to provide connectivity between December 2008 and February 2009 is entitled to compensation.

The plaintiff was erroneously disconnected and demanded that the unnamed telecommunications company pay for costs that incurred in switching to a new provider. The plaintiff also demanded compensation of €50 per day for the period his was unable to use his DSL service.

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Under The Law, Anyone Interesting Is A Felon

The criminal prosecution of activist programmer and Reddit co-founder Aaron Swartz over his sharing of academic works from the archives of JSTOR likely lead to Swartz’s suicide. Via the New Yorker, law professor Tim Wu writes:

Most of the time prosecutors do chase actual wrongdoers, but today our criminal laws are so expansive that most people of any vigor and spirit can be found to violate them in some way. Basically, under American law, anyone interesting is a felon. The prosecutors, not the law, decide who deserves punishment.

Today, prosecutors feel they have license to treat leakers of information like crime lords or terrorists. In an age when our frontiers are digital, the criminal system threatens something intangible but incredibly valuable. It threatens youthful vigor, difference in outlook, the freedom to break some rules and not be condemned or ruined for the rest of your life. Swartz was a passionate eccentric who could have been one of the great innovators and creators of our future.

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NYPD ‘Get Out Of Jail Free’ Cards Selling On eBay

City officials are outraged at the reselling, yet don’t question the existence of cards which allow you to skirt justice. The New York Post reports:

Buying a “get out of jail free” card is just a mouse click away. Police union cards that cops hand out to friends and family free of charge are selling on eBay for as much as $100 a pop, even though the resale of the coveted plastic is strictly prohibited by the unions.

The cards are often used to get out of minor jams like speeding tickets or parking violations — flashing one with your driver’s license is a way of suggesting you’re a member of law enforcement or at least related to someone who is. “It’s a way for a police officer to vouch for another person,” said City Councilman Peter Vallone Jr. “That type of recommendation shouldn’t be available to the highest bidder.”

Police union heads and elected officials are calling for a probe and an end to the practice.

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‘If Corporations Are People, Can They Ride In The Carpool Lane?’

Kudos to Jonathan Frieman, the California political activist who has come up with a clever way to challenge corporate personhood. From Huffington Post:

The legal classification of corporations as people allows for a whole host of things, from making lawsuits simpler to justifying why Goldman Sachs was able to donate some $4.7 million to American political campaigns during the last election cycle.

But if corporations are people, can one of them ride in your car? And if so, does that qualify you to use the carpool lane?

That’s the question Northern California political activist Jonathan Frieman hoped to have answered when he was pulled over driving in the carpool lane last October on Highway 101 in Marin County. The police officer issued Frieman a nearly $500 ticket for driving by himself in the carpool lane, and Frieman countered that he wasn’t solo because he had stack of documents in the car representing a corporation he had co-founded.

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Federal Court Affirms Constitutional Right To Give Cops The Middle Finger

Via the Huffington Post, the most cherished of liberties has been defended. Use it freely and often:

A police officer can’t pull you over and arrest you just because you gave him the finger, a federal appeals court declared Thursday. In a 14-page opinion, the U.S. Court of Appeals for the 2nd Circuit ruled that the “gesture…is not the basis for a reasonable suspicion of a traffic violation or impending criminal activity.”

John Swartz and his wife Judy Mayton-Swartz had sued two police officers who arrested Swartz in May 2006 after he flipped off an officer who was using a radar device at an intersection in St. Johnsville, N.Y. Swartz was later charged with a violation of New York’s disorderly conduct statute.

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Arkansas Town Enacts Martial Law, ID Checks Of Everyone In Public

The mayor explains that normal constitutional protections don’t apply, because, due to the high rate of property crime, anyone walking outdoors in his city is a criminal suspect. Via Russia Today:

In order to curb the rising crime rate in this town of barely 25,000, Mayor Mike Gaskill and Police Chief Todd Stovall endorsed a plan to send cops dressed in full-fledged SWAT gear and equipped with AR-15s into downtown Paragould starting in 2013. What’s more, Stovall says, is he intends to have the cops collecting identification from everyone and anyone.

“If you’re out walking, we’re going to stop you, ask why you’re out walking, check for your ID,” the Daily Press reports him saying during last week’s meeting. “We will be asking for picture identification. We will be ascertaining where the subject lives and what they are doing in the area. We will be keeping a record of those we contact.”

“To ask you for your ID, I have to have a reason,” he said.

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German Zoophiles Outraged Over Plan To Prohibit Sex With Animals

Is bestiality the world’s strangest civil rights issue? Der Spiegel reports:

The German government plans to ban zoophilia — sex with animals — as part of an amendment to the country’s animal protection law, but faces a backlash from the country’s zoophile community, estimated to number over 100,000. They say there’s nothing wrong with consensual sex and that the true violations of animal rights are taking place in the farming industry.

Zoophilia was legalized in Germany in 1969 and animal protection groups have been lobbying for a ban in a campaign that has been fuelled by heated debate in Internet forums in recent years. In the future, having sex with an animal could be punished with a fine of up to €25,000 ($32,400).

“We will take legal action against this,” Michael Kiok, chairman of zoophile pressure group ZETA (Zoophile Engagement for Tolerance and Information), told SPIEGEL ONLINE. “We see animals as partners and not as a means of gratification.

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