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Legal news from Sunday, November 28, 2010 |
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Egypt parliamentary elections experience accusations of violence, corruption and fraud
Zach Zagger on November 28, 2010 2:52 PM ET

[JURIST] Controversy surrounded the Egyptian parliamentary elections on Sunday as violence accompanied accusations of corruption, fraud and silencing the opposition. Reports have surfaced [AP report] of vote buying and the ejection of independent vote monitors from polling locations. The ruling National Democratic Party (NDP) has taken tough measures to hold onto its control of the 508-seat Egyptian Parliament [official websites]. The NDP denies [press release] the problems, saying that they are from “an outlawed group of people try[ing] to stifle the positive indications of the elections by spreading rumors about the whole process.” On Friday, eleven people were found guilty [JURIST report] of taking part in election demonstrations and campaigning for the banned Muslim Brotherhood [official website; JURIST news archive], the only legitimate opposition party threat. At least 1,200 supporters of the Muslim Brotherhood were arrested during the run-up to Sunday's election. The problems with this election raise issues for next year's presidential elections.
In the run-up to this election Egypt has attempted to silence opposition voices. In October, Egypt issued new media restrictions [JURIST report] that critics say effectively put all live television media, including talk shows and news shows, under government control. The telecommunications regulator cancelled the broadcast permits of all private media companies forcing them to apply for new licenses through the state television agency. The Muslim Brotherhood has also been targeted. In April, Attorney General Abdul Magid Mahmoud announced that five international MB members will be tried in an Egyptian criminal court [JURIST report] on charges of money laundering. Egypt has also used the emergency laws extensively against other opposition parties. In May, the Egyptian Parliament voted to extend [JURIST report] the country's state of emergency [JURIST news archive] for two years. Despite the two-year extension, parliament voted to limit the application of the emergency laws [Al Jazeera report] only to cases of terrorism and drug trafficking.


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Canada Supreme Court rules monitoring utility data is not a privacy violation
Drew Singer on November 28, 2010 10:06 AM ET

[JURIST] The Supreme Court of Canada [official website] on Wednesday ruled [opinion, text] that the police did not violate constitutional protections by accessing a citizen’s electricity usage during an investigation. The Court reversed the decision of the appellate court by finding that during their investigation of a citizen for the possible existence of marijuana farms, the police did not violate the citizen’s rights by enlisting his electric company to monitor unusual patterns that could indicate illegal activities. The court held that the Canadian Constitution [text] "does not cloak the home in an impenetrable veil of privacy," and that it would be both impractical and unreasonable to expect otherwise. It added:Also noteworthy here is that the home itself was never directly the object of a search. The location where the search took place was not the home but the transformer box where the power lines entering the home could be accessed. After some confusion in the courts below about whether the transformer was located on Mr. Gomboc’s property, it was common ground before this Court that it was not. Accordingly, no direct territorial privacy interest is engaged in this case. The dissent argued that when a citizen gives a utility company access to information such as electricity use, he does so only under the condition that it is used for service purposes only, and kept private from other parties, including the government.
Earlier this year, Canada launched legal probes to investigate privacy violations of both Google and Facebook [JURIST reports]. Earlier this week, a US appeals court allowed a previous ruling against prolonged surveillance with global positioning systems (GPS) to stand [JURIST report]. In August, the court ruled that prolonged monitoring of a suspect's GPS data violates his Fourth Amendment protection against unreasonable search and seizure [JURIST report]. The appellate court found that there exists a reasonable expectation of privacy in the "whole of a person's movements over the course of a month" because the combination of all such movements is not actually or constructively exposed to the public. The decision adds to a split among appellate courts on the issue, although the court noted that decisions to the contrary "were not alert to the distinction ... between short-term and prolonged surveillance" in the relevant precedent.


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