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Legal news from Tuesday, December 21, 2010




FCC approves 'net neutrality' rules
Jaclyn Belczyk on December 21, 2010 2:39 PM ET

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[JURIST] The Federal Communications Commission (FCC) [official website] voted 3-2 Tuesday in favor of new rules to allow the government to regulate Internet traffic. The so-called net neutrality [JURIST news archive] rules, proposed [JURIST report] by FCC Chairman Julius Genachowski [official profile] earlier this month, would prevent Internet providers from selectively blocking web access. The regulations would require transparency of Internet broadband networks to help consumers make better decisions about services, preserve open access to all lawful Internet content and protect freedom of speech in the "marketplace of ideas" online. Genachowski said [press release, PDF]:
The open Internet is a crucial American marketplace, and I believe that it is appropriate for the FCC to safeguard it by adopting an Order that will establish clear rules to protect consumers' access. The Commission has worked tirelessly to offer a set of guidelines that, while not as strong as they could be, will nonetheless protect consumers as they explore, learn, and innovate online.
Supporters of net neutrality have argued the rules do not go far enough, while opponents have called them unnecessary. The regulations may be blocked by Congress, and legal challenges are expected [WSJ report].

The FCC has long been trying to exert more control over Internet regulation. In July, US Senator Jim DeMint (R-SC) [official website] introduced legislation [text, PDF; JURIST report] intended to block the FCC from implementing its National Broadband Plan [official website; materials]. The Freedom for Consumer Choice Act would remove the FCC's ability to declare the actions of a communications provider illegal unless there was a clear showing that the practice causes harm to consumers and will not be corrected by market forces. A month earlier, the FCC opened a new proceeding [JURIST report] to identify the legal approach that will best support its efforts to develop universal access to "high quality" Internet broadband services. A previous court ruling [JURIST report] found that the FCC lacks the power to enforce net neutrality. Net neutrality is thought by supporters to be essential to the goal of an open flow of information over the Internet regardless of the amount of revenue generated by the information. Telecommunications companies Verizon, AT&T and Comcast [corporate websites] argue that net neutrality would inhibit their ability to effectively manage Internet traffic.




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Sudan court dismisses challenge to independence vote, refuses to dismiss 2 others
Matt Glenn on December 21, 2010 1:43 PM ET

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[JURIST] Sudan's Constitutional Court on Monday rejected a suit that could have postponed next month's scheduled referendum on independence for southern Sudan but chose not to dismiss two similar suits. According to a spokesperson for the South Sudan Referendum Commission (SSRC), the court ordered the group to respond to one of the suits [Sudan Tribune report] by December 26. Some claim the lawsuits are frivolous [Reuters report] and that groups are filing them to delay the vote in which the south is expected to choose to break off from the north. One suit filed earlier this month [JURIST report] accused the SSRC of failing to adhere to proper procedures in voter registration and of improperly appointing pro-secession advocates to important posts in the SSRC. The referendum is scheduled to begin January 9, but it may be delayed if the pending lawsuits are not resolved by then.

The referendum is meant to be the culmination of the 2005 Comprehensive Peace Agreement (CPA) [UN press release] that ended two decades of civil war. In September, the UN Security Council issued a statement [text] calling on the CPA parties to take "urgent action to facilitate peaceful and on-time referenda that reflect the will of the Sudanese people, to respect their results, and to resolve key remaining post-referenda issues." In April, Sudan attempted to have its first democratic multi-party election in almost a quarter of a century, but it was fraught with controversy. Two political parties in eastern Sudan accused the ruling NCP [JURIST report] of using voter fraud and intimidation in gaining electoral victories in their region of the country during the national elections.




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Iran first VP charged with corruption
Matt Glenn on December 21, 2010 1:09 PM ET

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[JURIST] Iranian prosecutors have charged First Vice President Mohammad Reza Rahimi with embezzling money, judiciary spokesperson Gholam Hossein Mohseni Ejehi announced Monday. The spokesperson said he expects the case to go to trial [AP report]. Conservative lawmakers say they have strong evidence linking Rahimi [Haaretz report] with corruption. Rahimi has previously denied lawmakers' corruption accusations and threatened to sue his accusers.

In June, an Iranian lawmaker claimed there was $14 billion worth of corruption [Persian2English report] in the government of Iranian President Mahmoud Ahmadinejad [BBC profile; JURIST news archive]. In 2009, Iran's supreme leader Ayatollah Ali Khamenei [BBC profile] criticized Ahmadinejad [Guardian report] after the president attempted to distance his regime from previous regimes that he hinted were corrupt. In 2008, an Ahmadinejad associate in Parliament accused members of Iran's judiciary [Times report] of being corrupt.




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Toyota agrees to pay additional $32 million in fines to US government over safety defects
Julia Zebley on December 21, 2010 12:47 PM ET

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[JURIST] Toyota Motor Corporation [corporate website; JURIST news archive] settled US federal investigations on Tuesday by agreeing to pay a record $32.4 million in extra fines for product defects and poor handling of a recall. The fines stem from two investigations conducted by the National Highway Traffic Safety Administration (NHTSA) [official website]. The first, a fine of $16.375 million, concerned nearly five million vehicles with accelerator pedals entrapped by floor mats, which caused at least one fatal accident in California. The second, a fine of $16.050 million, resulted from Toyota's failure to notify the NHTSA of a safety defect in several Toyota models' steering relay rods. In that situation, Toyota had already recalled the faulty products in Japan in 2004, but delayed recall in the US until 2005. In a press release [text], NHTSA Administrator David Strickland said, "NHTSA acknowledges Toyota's efforts to make improvements to its safety culture, and our agency will continue to hold all automakers accountable for defects to protect consumers' safety." Toyota also announced news of the settlement in a press release [text], stating that they were "pleased to have resolved these legacy issues related to the timeliness of prior recalls dating back to 2005." The total fines against Toyota amount to $48.8 million and will be paid into the Treasury Department's General Fund. Although the NHTSA investigations have been satisfied, consumer-fraud class action and personal injury lawsuits stemming from the same safety defects remain open in California as well as in federal court [JURIST reports].

In April, Toyota accepted a record civil penalty of $16.375 million [JURIST report], imposed by the NHTSA for a four-month delay in notifying the agency about a problem with "sticky" and "slow to return pedal" gas pedals in various car models. A week earlier, the US Judicial Panel on Multi-District Litigation (MDL) [official website] consolidated [JURIST report] more than 150 pending lawsuits against Toyota and transferred them to the US District Court for the Central District of California [official website]. In March, the NHTSA enlisted the help of the National Academy of Sciences (NAS) and NASA [official websites] to conduct a 15-month investigation into the sources of recent safety defects. Toyota has been under federal scrutiny since December 2009, and has conducted several recalls. Toyota's product recalls have been analyzed by Forum guest columnist Bruce Aronson of Creighton University School of Law in the op-ed Learning from Toyota's Troubles - Where's the Board? [JURIST op-ed].




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Bosnia war crimes court sentences Serb police for killing Muslim civilians
Jaclyn Belczyk on December 21, 2010 12:12 PM ET

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[JURIST] The war crimes court [official website] of Bosnia and Herzegovina (BiH) on Tuesday convicted four former Bosnian Serb policemen [press release, in Croatian] of killing at least 150 civilians during the 1992-1995 Bosnian civil war [JURIST news archive]. The court sentenced Dusan Jankovic to 27 years, Zoran Babic and Milorad Skrbic to 22 years, and Zeljko Stojnic to 15 years in prison. A fifth suspect, Milorad Radakovic, was acquitted for lack of evidence. The defendants were indicted [JURIST report] last January, accused of taking part in the August 21, 1992, massacre of at least 150 Muslims and Croat civilians as part of an ethnic cleansing on Mount Vlasic. The prisoners, who were told they were being released, were taken to the woods and forced to kneel at the edge of a ravine where they were then shot. Three other defendants were previously jailed in connection with the massacre after pleading guilty. In 2004, the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] sentenced [judgment, PDF] former Bosnian Serb "Intervention Squad" officer Darko Mrdja [ICTY backgrounder, PDF] to 17 years in prison for his role in the killings.

The BiH war crimes court was established in 2005 to assist with the ICTY caseload. Last month, a suspected war criminal was arrested [JURIST report] in connection with the 1995 Srebrenica massacre during the end of the Bosnian civil war. The Prosecutors Office for BiH [official website] announced that Dragan Crnogorac was arrested on suspicion for having committed genocide under Article 171 of the BiH criminal code [text, PDF]. In August, Spanish officials extradited accused Montenegrin war criminal [JURIST report] Veselin Vlahovic, known as the "monster of Grbavica," to Sarajevo. He is wanted on three international arrest warrants, including one for the rape, torture and murder of more than 100 women and children and is expected to face genocide charges before the country's war war crimes court. Also in August, the court issued genocide charges [JURIST report] against four former Bosnian Serb soldiers in connection with the Srebrenica massacr, alleging that they were all members of the 10th Sabotage Detachment in the army of Republika Srpska. They are accused of participating in the murder of more than 800 Bosnian Muslims during the massacre. In April, the court convicted two men of genocide [JURIST report], Radomir Vukovic and Zoran Tomic, for their roles in the Srebrenica massacre and sentenced each to 31 years imprisonment.




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Venezuela passes law banning certain Internet content
Maureen Cosgrove on December 21, 2010 11:38 AM ET

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[JURIST] The National Assembly of Venezuela [official website, in Spanish] on Monday passed the Social Responsibility Law [text, PDF, in Spanish], which bans Internet content that promotes unrest among citizens or challenges legally established authorities. The law expands 2004 restrictions [AFP report] on television, radio and print media to Internet and electronic subscription services content. The National Assembly announced that the law aims to promote Venezuelan values [press release, in Spanish], guarantee freedom of expression and diffuse information that "contributes to the formation of a social conscience" of the population. Media organizations that violate the new measure face increased fines, as well as the possible revocation of media licenses for repeat offenders. The law moved through the unicameral National Assembly in less than a week by the ruling party led by President Hugo Chavez [BBC profile; JURIST news archive]. Opposition leaders disapprove of the new law, arguing that it restricts freedom of speech and violates constitutionally granted rights.

The Venezuelan government has faced criticism for repeatedly restricting freedom of expression. In June, the Inter-American Commission on Human Rights (IACHR) [official website] sent a letter to the Venezuelan government expressing concern over the increasing threat to freedom of expression [press release; JURIST report] in the country. In July 2009, Venezuelan Attorney General Luisa Ortega proposed legislation [press release, in Spanish; JURIST report] to limit the media's freedom of expression in certain circumstances, citing the importance of national security. Under the proposed law, journalists would face up to four years in prison for "threatening the social peace, security and independence of the nation, public order, stability of state institutions, mental health, and public morals and for generating a climate of impunity or insecurity. Prior to the proposed legislation, the US Commission on International Religious Freedom (USCIRF) [official website] added Venezuela to its "watch list" [JURIST report] of countries that limit religious freedom in May 2009. In February 2009, the US State Department (DOS) [official website] criticized Venezuela [JURIST report] for press restrictions in its 2008 Country Reports on Human Rights Practices.




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US execution rates continue to drop during 2010
Jaclyn Belczyk on December 21, 2010 10:12 AM ET

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[JURIST] The number of executions that took place in the US in 2010 was down 12 percent from 2009, according to the Death Penalty Information Center (DPIC) [advocacy website] annual report [text, PDF; press release, PDF] released Tuesday. There were 46 executions in 2010, compared to 52 in 2009. The report also notes that the number of new death sentences for 2010 is projected to be 114—close to 2009's figure of 112, which represented the lowest number of new death sentences since the US Supreme Court [official website] reinstated the death penalty in 1976. DPIC attributes the decrease in executions to several factors, including controversy over lethal injections [JURIST news archive] and evidence of mistakes in Texas:
The carrying out of executions remained controversial and cumbersome in 2010. Over 40 execution dates were stayed, many because of continuing problems with the process of lethal injections. ... Evidence of critical errors made in cases where an execution has occurred continued to mount in Texas. ... Such examples have caused deep concerns about the death penalty not only in Texas but across the country.
The report also states that a recent poll shows 61 percent of Americans would choose various alternative sentences over the death penalty as the proper punishment for murder.

The trends are similar to those observed in the DPIC's 2009 report [text, PDF; JURIST report]. While the report did show that the number of executions increased from 37 in 2008 [text, PDF; JURIST report], it attributed those numbers to a backlog of cases resulting from a de facto moratorium [JURIST report] on the death penalty. Executions resumed in the US in April 2008 after the Supreme Court lifted an effective ban on the death penalty by upholding the constitutionality of lethal injection [JURIST report].




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Belarus authorities arrest hundreds in post-election protests
Ann Riley on December 21, 2010 9:38 AM ET

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[JURIST] Belarusian police arrested hundreds of demonstrators on Monday, including seven of the nine presidential candidates, who were protesting the results of Sunday's presidential election [press releases, in Russian]. The official results, announced Monday, declared incumbent Alexander Lukashenko [BBC profile, JURIST news archive] the winner of the presidency for the fourth time with 79.7 percent of the vote. Opposition candidate Uladzimir Nyaklyaeu, when arrested, was allegedly removed from the hospital where he was being treated for injuries after being beaten by police. Belarusian Minister of Internal Affairs [official website] Anatoly Kuleshov announced that the activists were being charged with organizing an unsanctioned meeting and could face up to 15 years in prison. The US and EU [press release, PDF] led an international condemnation [AFP report] of the actions by the Belarusian police, calling the poll results illegitimate. The US Embassy in Minsk [official website] released the following statement [press release]:
The United States strongly condemns all election day violence in Belarus. We are especially concerned over excessive use of force by the authorities, including the beating and detention of several presidential candidates and violence against journalists and civil society activists. ... We call on the Government of Belarus to exercise restraint during the remainder of the electoral process, which should be free of further intimidation and violence.
Amnesty International (AI) [advocacy website] called for the immediate release of those arrested for peaceful participation. AI urged Belarus authorities to investigate the use of force by the riot police [press release] and incidents that instigated the violence.

Hundreds of activists were arrested after protesting Lukashenko's 2006 presidential win, including opposition candidate Alexander Milinkevich [JURIST reports].While Lukashenko has since sought to improve his country's ties with western nations, the US State Department [official website] has historically criticized Belarus' human rights record [2009 report; JURIST report]. The UN General Assembly Third Committee and the International Helsinki Federation for Human Rights [JURIST reports] have similarly denounced Belarus for human rights abuses. In 2008, the Belarus KGB [official website] detained at least 16 journalists [JURIST report] and searched their homes and offices for materials that allegedly libel Lukashenko. Also in 2008, Belarusian district courts sentenced at least 55 demonstrators [JURIST report], including journalists, for participating in a banned "Freedom Day" rally [BBC report] in Minsk to protest the presidency of Lukashenko. An opposition activist who was critical of Lukashenko during his 2006 presidential campaign [JURIST report] was sentenced [JURIST report] to three years in jail in 2008 by a Belarusian court after being arrested for making comments that Lukashenko was connected to the disappearances of opposition leaders Yuri Zakharenko, Viktor Gonchar and Anatoly Krasovsky [US State Department backgrounder].




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