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Legal news from Tuesday, August 22, 2006 |
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FTC chairman opposes congressional efforts to curb 'net neutrality'
Joshua Pantesco on August 22, 2006 12:49 PM ET

[JURIST] The chairman of the Federal Trade Commission (FTC) [official website] on Monday voiced disapproval [speech transcript, PDF; press release] of congressional efforts to address "net neutrality," arguing that if current regulations do not prevent broadband providers from accepting money from content providers in exchange for preferential bandwidth treatment, or from interfering with the content of competitors, then the free market will resolve the issue. Speaking at the Progress and Freedom annual conference [agenda], FTC Chairman Deborah Platt Majoras [official profile] also announced the formation of an Internet Access Task Force, charged with advising the FTC on Internet issues, especially net neutrality. Majoras emphasized that the FTC will not hesitate to confront alleged net neutrality violators under the FTC's mandate to regulate anticompetitive, deceptive, or unfair business practices under Section 5 of the Federal Trade Commission Act [text], the Sherman Antitrust Act [text], and the Clayton Act [text].
In May, the US House Judiciary Committee [official website] approved the Internet Freedom and Nondiscrimination Act of 2006 [HR 5417 text], which applies federal antitrust law to alleged breaches of "net neutrality." Several other net neutrality bills are also currently before Congress. In July, Google Vice President Vinton Cerf threatened to file antitrust complaints against Internet broadband providers [JURIST report] if Congress fails to pass effective net neutrality legislation.
Other federal regulatory bodies have asserted jurisdiction over the net neutrality issue. FCC Commissioner Michael Copps said in May that the FCC is authorized under Title 1 of the Communications Act of 1934 [text] to regulate breaches of net neutrality [JURIST report], and said the FCC may draft agency rules to combat alleged violations. Legal precedent suggests that the FCC has this authority, as Justice Clarence Thomas, writing in 2004 for the majority in National Cable & Telecommunications Association vs. Brand X Internet Services [opinion text; Duke law case backgrounder], said that Internet service providers can be subjected to FCC-imposed "special regulatory duties" under Title 1. CNET News has more.


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Iraq begins independent probe into Mahmudiya rape-murder case
Brett Murphy on August 22, 2006 11:40 AM ET

[JURIST] An Iraqi official said Tuesday that an independent panel established to investigate the alleged March 12 rape and murder of a 14-year-old girl [JURIST news archive] and the murder of her family at the hands of US soldiers in Mahmudiya has begun its inquiry. The US military has charged five soldiers in the case and is currently deciding whether the soldiers will face courts-martial [JURIST report]; another former soldier faces charges [JURIST report] in a US civil court. Iraqi Prime Minister Nouri al-Maliki [BBC profile], who called for the independent investigation [JURIST report] in July, has said, however, that he wants those believed responsible tried in an Iraqi court. Adnan Mahmoud, the chief prosecutor of Mahmudiya's criminal court who is leading the investigation, said Tuesday that if the soldiers do not stand trial in an Iraqi court they will be tried in absentia. Mahmoud also rejected arguments that the accused soldiers are immune from Iraqi prosecution [JURIST report] under a decree [PDF text] issued by the US-run Coalition Provisional Authority (CPA) [official website], saying they were not taking part in a military action when the crimes were committed. When the Iraqi panel concludes its investigation, the Iraqi Cabinet will review the results and determine the next step.
Four US soldiers have been charged [JURIST report] with rape and murder, while a fifth has been charged with dereliction of duty for failing to report the incident and making false statements. Steven Green, who was discharged from the Army before the allegations arose, has pleaded not guilty to charges of rape and murder in the US District Court for the District of Kentucky [official website]. Green's arraignment has been delayed [JURIST report] to avoid complications with evidence used in the investigation [JURIST report] into the five soldiers still in Iraq. AP has more.


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Kurd survivors of Anfal gas attack testify as Saddam genocide trial continues
Jeannie Shawl on August 22, 2006 10:01 AM ET

[JURIST] Witness testimony began Tuesday in Saddam Hussein's trial [JURIST news archive] on genocide and crimes against humanities charges [JURIST report] in connection to the so-called "Anfal" operation [HRW backgrounder] that led to the killings of as many as 180,000 Kurds in northern Iraq in the 1980s. Two survivors described planes flying over two Kurdish villages dropping chemical weapons on the villagers and said that many people were blinded in the attacks. One of the witnesses also said she had been detained for over a week, and that two relatives had disappeared while being held. Several of the defendants and their lawyers questioned the testimony, saying the witnesses had been coached. Hussein and six co-defendants [AP profile] all face crimes against humanity charges at the Iraqi High Tribunal, and Hussein and co-defendant Ali Hassan al-Majid [BBC profile], known as "Chemical Ali, face additional genocide charges. Testimony from survivors of the attack will continue when the trial [BBC timeline] resumes Wednesday.
Hussein also faces separate crimes against humanity charges [JURIST report] stemming from a crackdown in the Iraqi town of Dujail, and the court is expected to render a verdict on those charges October 16. Hussein is eligible for the death penalty [JURIST report] in that case, and a US official, speaking anonymously, indicated that the Anfal trial could continue posthumously [JURIST report] should Hussein be executed before proceedings in the second trial conclude. AP has more. BBC News has additional coverage.


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