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Legal news from Wednesday, December 15, 2004 |
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FCC loosens phone network lease rules, allows wireless Internet on planes, but puts indecency regs for satellite radio on hold
Bernard Hibbitts on December 15, 2004 7:30 PM ET

[JURIST] In a banner day in telecommunications regulation, the Federal Communications Commission Wednesday voted to lessen the strictness of regulations requiring major telephone carriers to lease lines to competitors at federally-mandated rates, and to facilitate wireless Internet access for airplane travellers, but declined to apply indecency standard to satellite radio broadcasters. Under the new phone line lease rules, narrowly approved by the Commissioners 3-2 along party lines with the Republican majority prevailing, competitors would maintain their access to major carrier lines to serve business customers, but would no longer have rate-guaranteed access to serve the residenial market. Read the FCC news release here [PDF]. Reuters has more. The Commission also voted to allow airlines to use new technology that would enable them to provide Internet access to travellers using seat-back phones (read the FCC release here), and to seek public comment on ending the curent rule against on-board use of cellphones while in the air (see the FCC release here [PDF]). AP has more. In the third action, FCC Media Bureau Chief Kenneth Ferree told Mt. Wilson FM Broadcasters Inc. that under current precedent FCC indecency standards did not apply to satellite radio because it is still subscription-based. Again, Reuters has more.


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BREAKING NEWS ~ UK Home Secretary resigns in wake of visa scandal
Bernard Hibbitts on December 15, 2004 1:08 PM ET

[JURIST] British Home Secretary David Blunkett (official Home Office biography here), one of the most powerful ministers in the cabinet of Prime Minister Tony Blair and the minister responsible for pushing sweeping anti-terror legislation through the UK Parliament in the wake of the September 11 terrorist attacks in the US, has resigned in the wake of allegations that he improperly used the powers of his office to expedite a visa application by the nanny of his ex-lover. Blunkett has persistently denied the allegations, but resigned after an e-mail from a Home Office civil servant came to light urging subordinates to move the application "slightly faster, but no favours." Most recently Blunkett, described by political opponents as one of the "most authoritarian" home secretaries Britain has ever had, had championed the cause of national ID cards. The prospects for that legislative program in the wake of his departure are uncertain. BBC News has more on the resignation, including a timeline of the visa scandal, and is providing live video coverage.
3:30 PM ET - In a cabinet shuffle prompted by Blunkett's resignation, former Labour Party chairman Charles Clarke has been named as the new Home Secretary. BBC News has more. The BBC has also posted video of a post-resignation interview with Blunkett.


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ICJ rejects NATO bombing case for lack of jurisdiction
Bernard Hibbitts on December 15, 2004 1:00 PM ET

[JURIST] The International Court of Justice at The Hague ruled Wednesday that it could not hear a case brought by Serbia and Montenegro against eight NATO countries - Britain, France, Germany, Belgium, Italy, Canada, the Netherlands and Portugal - in respect of NATO's 1999 bombing campaign against Yugoslavia, then led by President Slobodan Milsoevic, now on trial at The Hague for war crimes. The NATO campaign was undertaken in support of a NATO effort to push the Yugoslav army out of Kosovo, where it was said to be engaged in ethnic cleansing operations against Kosovar Albanians. The court said it had no jurisdiction in the case because the antecedent state of Yugoslavia was not an official UN member in 1999 and was not party to the ICJ statute. The court's ruling is not yet available online. Background material on the litigation is available on the ICJ docket list here. Reuters has more.


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Russian draft anti-terror law slammed
Bernard Hibbitts on December 15, 2004 11:39 AM ET

[JURIST] Critics of a new draft Russian anti-terror law said Wednesday that the legislation recently introduced in the Russian parliament by pro-Kremlin legislators in the wake of the Beslan school massacre this fall is far too broad, and is unduly restrictive of public and press freedoms. The 50-page draft authorizes the declaration of a "state of terrorist danger" for up to 60 days anywhere in the country that a terror attack has taken place, or where the government has information, confirmed or unconfirmed, that an attack may take place. If a declaration is made, government authorities are empowered to ban public demonstrations, tap phones, conducting spot street checks and restrict movements of people and traffic. In the event of a terror incident, public information will be provided through a single a designated spokesman for counter-terror operations. Opponents of the legislation call it a "double-edged sword" that could be abused in the wrong hnads, while supporters of the legislation emphasize the overriding importance of public security. Reuters has more.


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