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Legal news from Tuesday, March 14, 2006 |
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Federal judge disinclined to grant DOJ access to Google search terms
Andrew Wood on March 14, 2006 2:59 PM ET

[JURIST] Judge James Ware [official profile] of the US District Court of the Northern District of California [official] said Tuesday after hearing arguments by Google and US Department of Justice lawyers over a government subpoena [PDF] of search data that he might force Google to hand over a small part of its index of Web sites but would not grant the DOJ access to its users' search terms, for fear users would think the government was watching how they were using the Web. The Justice Department, which had originally requested [JURIST report] one million Internet addresses and one million search queries submitted to Google in a one-week period, said it had reduced its demand to 50,000 URLs and 5,000 search queries. Ware said the narrowed request combined with the DOJ's intention to pay Google for its programmers' time in making the data available made it reasonable to give the DOJ at least some of what it desired. He made no written ruling Tuesday but said he would release one "very quickly." CNET has more.
The government said that its Internet use study, designed to support its effort to revive the Child Online Protection Act [text] by supposedly showing that internet filters are not strong enough to prevent children from viewing pornography and other inappropriate material, could be performed without Google, but that it would be "substantially improved" with Google's assistance. Google's attorney noted that the government has other places to go such as Alexa Internet [corporate website], and that forced compliance with the DOJ request could lead to a significant burden on Google to assist countless other studies. Reuters has more.


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International brief ~ UN approves of AU Darfur extension
D. Wes Rist on March 14, 2006 9:21 AM ET

[JURIST] Leading Tuesday's international brief, the UN Security Council [official website] has expressed its approval of the African Union [official website] decision to extend the AU peacekeeping force mandate [Mail & Guardian report] for Darfur [JURIST news archive] by six months. The AU Peace and Security Council [AU backgrounder] announced it will keep AU peacekeepers in Darfur until September 30, when it plans to hand control of the peacekeeping force over to the UN. The UN Security Council praised the decision as practical, allowing the UN time to ready a force capable of assuming peacekeeping operations in Darfur without threatening the already fragile peace in the area. The Security Council also called on Sudan [government website] to take steps to prepare for the introduction of a UN force, a move Sudan has repeatedly opposed [JURIST report]. JURIST's Paper Chase has continuing coverage of Sudan [JURIST news archive]. The UN News Centre has local coverage.
In other international legal news ... - Ugandan President Yoweri Museveni [BBC profile] Monday filed his response [Monitor text of court documents] to legal challenges [JURIST report] brought by opposition candidate Dr. Kizza Besigye [BBC profile] in which Besigye accused Museveni of 'stealing' last month's presidential election through voter fraud and intimidation. The Ugandan Electoral Commission [official website] also responded to the charges, denying that any vote rigging or election fraud occurred in sufficient seriousness to affect the outcome of the election. Besigye is still facing criminal charges [JURIST report] in what he claims is another government attempt to keep opposition parties from removing Museveni from office through legal means. JURIST's Paper Chase has continuing coverage of Uganda [JURIST news archive]. The Daily Monitor has local coverage.
- The South Korean Ministry of Health and Welfare [government website] announced a plan on Tuesday to implement national legislation prohibiting discrimination against HIV and AIDS patients in the workplace. The legislation would make any form of discrimination against individuals diagnosed with HIV or AIDS illegal, and would require equality in treatment relating to pay scale, promotion, and time off, among other elements. The draft proposal currently includes penalties of up to one year incarceration and heavy fines. JURIST's Paper Chase has continuing coverage of South Korea [JURIST news archive]. The Chosun Ilbo has local coverage.
- Human rights groups and NGOs have criticized the Jordanian government for proceeding with the execution of two individuals convicted of murdering a US diplomat [Islamonline.net report] in 2002. The convictions were obtained in a military court and according to rights groups were based solely on confessions obtained through the use of torture. Rights groups also alleged that Jordan agreed to rehear the cases as part of a deal to end prison riots sparked by the removal of the two men from general population in preparation for their execution by hanging. Jordan defended the execution as valid, citing a court ruling in 2004 that quashed the last legal appeal afforded to the individuals. IRIN News has more.


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Milosevic trial formally closed
Holly Manges Jones on March 14, 2006 6:49 AM ET

[JURIST] The International Criminal Tribunal for the Former Yugoslavia [official website] formally closed its war crimes case against former Yugoslav president Slobodan Milosevic [JURIST news archive] Tuesday, three days after he was found dead in his cell [JURIST report] over the weekend. The court, which had been trying the case against Milosevic for over four years, expressed regret to the victims of the Balkan wars that his sudden death would prevent a judgment. AP has more.
Meanwhile Milosevic's burial is being plagued by political and legal complications. Son Marko Milosevic arrived in The Hague Tuesday to retrieve his father's body, but said that because of various "threats" he is planning temporary interment in Moscow [B92 report], and had received permission from Moscow's mayor. Serbian President Boris Tadic has told reporters, however, that Serbia has no objection to Milosevic being buried in Belgrade. To facilitate this, a Belgrade court Tuesday released [AP report] an outstanding arrest warrant [JURIST report] against Milosevic's wife Mira Markovic [BBC profile], who fled to Russia to avoid corruption charges [BBC report] against her in 2003. The court said, however, that it would require Markovic to give up her passport if she enters the country and appear before a judge [BBC report] on March 23 in connection with the charges, "otherwise she will arrested and detained." Reuters has more.


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UK ID card legislation goes back to Lords after latest Commons endorsement
Tatyana Margolin on March 14, 2006 5:19 AM ET

[JURIST Europe] The controversial UK Identity Cards Bill [official PDF text; JURIST news archive] will go back to the House of Lords [Commons Insistence on Disagreement, PDF] on Wednesday after Prime Minister Tony Blair's governing Labour Party won a critical vote in the House of Commons [official website] to back a proposal that would make registration for the cards mandatory when applying for a passport. Initially, Labour vowed to make ID cards optional, and critics of the legislation have claimed that connecting ID cards with passports makes them compulsion by stealth. Labour MPs insisted Monday, however, that passports themselves are voluntary documents that are optional to renew and won the vote 310 to 277. If the House of Lords rejects the proposal on Wednesday, as they initially did [JURIST report] one week ago, it will return to the Commons on Thursday. It would then bounce between the two houses until a compromise is reached, one side caves in or the Commons invokes its constitutional authority to override the Lords and force the bill through under the terms of the controversial Parliament Act [Guardian Q/A; UK Parliament backgrounder, PDF].
The identity cards debate has stirred controversy in the UK and prompted opposition by rights groups [No2ID advocacy website], who say that ID cards violate civil liberties and are ineffective. BBC News has local coverage.


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