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Legal news from Wednesday, February 1, 2012




ACLU sues US government for information on targeted killings
Sarah Posner on February 1, 2012 2:06 PM ET

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[JURIST] The American Civil Liberties Union (ACLU) [advocacy website] filed a lawsuit [complaint, PDF] on Wednesday under the Freedom of Information Act (FOIA) [text] demanding the US government release information about their targeted killing program [press release] of US citizens abroad. The lawsuit comes in response to the three American citizens that have been killed by drones in the past four months. In particular, the ACLU seeks specific evidence that provided the basis for the strikes in Yemen during the fall of 2011, which killed three Americans. This lawsuit overlaps and expands on a lawsuit [JURIST report] filed by the New York Times (NYT) [media website] requesting the legal memos that provide the basis for the US's targeted killing program. The complaint states:
Although U.S. government officials, including the President and the Secretary of Defense, have made statements on the record confirming the existence of the targeted killing program, the government has not disclosed the process by which it adds names to so-called "killed lists;" the standards under which it determines which Americans may be put to death; or the evidentiary bases on which it concludes that those standards satisfied in any particular case.
The Obama administration maintains that the killing of American terrorism suspects is a state secret.

Targeted killings have been a controversial topic [JURIST comment] during the current war on terror. In December, the New York Times filed a lawsuit against the US Department of Justice (DOJ) [official website] alleging the government violated the FOIA in refusing to release legal memoranda related to targeted killings of terror suspects. The suit relates to the death of the US-born radical Muslim cleric Anwar al-Awlaki [BBC profile; JURIST news archive] who was killed in a US drone strike [JURIST report] in Yemen in September 2011. An Obama administration legal memorandum [JURIST report] from 2010 found that the killing of US citizen and senior al Qaeda [GlobalSecurity backgrounder] leader al-Awlaki would only be legal if it were not feasible to take al-Awlaki alive. The memo followed months of legal debate regarding the decision to kill a US citizen without first having a trial.




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UN tribunal accepts war crimes lawyer's contempt plea
Max Slater on February 1, 2012 1:28 PM ET

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[JURIST] The International Criminal Tribunal for the former Yugoslavia (ICTY) [official website; JURIST news archive] accepted a plea agreement [press release] on Tuesday in which Jelena Rasic, the case manager for Bosnian war criminal Milan Lukic, pleaded guilty [amended indictment, PDF] to five counts of contempt against the tribunal. According to the original indictment [PDF], the prosecutor of the tribunal charged Rasic with contempt for procuring false witness statements from three Bosnian citizens. In exchange for signing the pre-written witness statements, Rasic gave the three citizens money. The prosecutor concluded that by procuring these false witness statements and committing bribery, Rasic "knowingly and willfully interfered with the tribunal's administration of justice." The prosecutor filed the indictment against Rasic in July 2010. In her initial appearance before the tribunal in September 2010, Rasic pleaded not guilty to all five contempt charges. No date has been set for her judgment hearing.

The ICTY has been the subject of copious international attention recently. On Monday, former Serb nationalist politician and war crimes suspect Vojislav Seselj [official website, in Serbian; JURIST news archive] sued the ICTY [JURIST report] for $2.6 million in damages for allegedly unreasonable delays in his trial. In December, the ICTY convicted former Yugoslav intelligence officer Dragomir Pecanac of contempt [JURIST report] for failing to testify before the tribunal. Also in December, former Serbian general and alleged war criminal Ratko Mladic [ICTY backgrounder; JURIST news archive], testifying before the ICTY, pleaded not guilty [JURIST report] to murdering over 30 Muslim prisoners. Earlier in December, the ICTY, along with the International Criminal Tribunal for Rwanda (ICTR) [official website; JURIST news archive] reported progress [JURIST report] to the UN Security Council [official website]. During this meeting, the ICTY reported that its last two wanted fugitives had been arrested, meaning none of the 161 persons wanted by the tribunal [materials] remains at large.




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Lawyers for ex-Liberia president Taylor seek to reopen war crimes case
Rebecca DiLeonardo on February 1, 2012 12:28 PM ET

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[JURIST] Lawyers for former Liberian president Charles Taylor [BBC profile; JURIST news archive] requested Tuesday that the Special Court for Sierra Leone (SCSL) [official website] reopen Taylor's war crimes case in light of new evidence, including a recent report [text, PDF] by the UN Panel of Experts on Liberia. Taylor's lawyers request this report be admitted as evidence in the case [AP report], claiming that the report may show that Taylor was not instrumental in directing mercenaries who committed war crimes in Sierra Leone. The report dedicates about 20 pages to Liberian mercenaries, and Taylor's lawyers contend that the panel's research demonstrates that the mercenaries were acting of their own accord. Taylor's charges [indictment, PDF] include 11 counts of crimes against humanity, violations of the Geneva Conventions and other violations of international humanitarian law. His trial officially concluded [JURIST report] in March 2011, but no verdict has been returned. The court did not immediately respond to his lawyers' request.

The SCSL heard closing arguments in March 2011. Closing arguments were originally set to begin a month earlier, but were postponed pending an appeals chamber decision to accept the defense's final written brief [JURIST reports]. The trial chamber originally disregarded the brief because it was 20 days late. Taylor has denied the charges [JURIST report] against him, which include murder, rape, sexual slavery and acts of terrorism stemming from from a "campaign to terrorize the civilian population" of Sierra Leone [JURIST news archive]. Taylor's defense lawyers opened their case [JURIST report] in July 2009 and have claimed that he could not have commanded rebel forces in Sierra Leone while acting as the president of Liberia. His trial continued after the court denied his motion for acquittal [JURIST report] in May 2009.




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Sweden high court refuses to hear appeal in Pirate Bay case
Jennie Ryan on February 1, 2012 11:44 AM ET

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[JURIST] The Swedish Supreme Court [official website, in Swedish] announced Wednesday that it will not hear an appeal of the copyright convictions of Fredrik Neji, Peter Sunde and Carl Lundstroem for their involvement in running The Pirate Bay [website], a file-sharing website. After reviewing the case, the court found there were no special circumstances warranting review. The court could also have decided to hear the case if it determined a review by Sweden's highest court would be important for the country's law enforcement, but it declined to hear the appeal on those ground as well. The court's decision not to hear the appeal immediately prompted response from critics. The founder of the Pirate Party [party website in Swedish], a political party in Sweden, expressed concern [press release in Swedish] over the court's decision not to hear the case calling it a "fundamentally important" case that, if decided by the high court, would help to sort out future cases. The Pirate Bay also issued a defiant response on its website [press release] stating that "what enrages us to our inner core is that the system, the empire, the governments, are still allowed to try to boss you and us around with one law crazier than the other." It is unclear what will happen to the website in light of this decision.

In November of last year the Swedish Svea Appeals Court [materials] upheld [JURIST report] the convictions of the Pirate Bay founders. In April 2009 the website operators were sentenced to one year in prison for abetting copyright infringement [judgment, PDF, in Swedish; JURIST report]. In June 2009 several Hollywood production companies filed suit [JURIST report] in Sweden against the operators of The Pirate Bay, seeking an injunction. The US companies, including Disney, Universal and Columbia Pictures, filed a writ to sue in the Stockholm District Court, requesting that the court order the owners to cease and desist operations.




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UK men plead guilty to London Stock Exchange terror plot
Katherine Getty on February 1, 2012 11:21 AM ET

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[JURIST] Four British men pleaded guilty Wednesday to plotting an al Qaeda inspired attack against the London Stock Exchange (LSE) [official website]. In December 2010, nine men who met through radical Islamist groups were charged and taken into custody [JURIST report] in the UK for conspiring to bomb the US Embassy [official website] and the LSE. When the plot was uncovered, all nine men were picked up in raids. They denied all charges originally, but four of the men pleaded guilty [AP report] on the eve of their trials. Mohammed Chowdhury, Shah Rahman, Gurukanth Desai and Abdul Miah admitted that they planned to place an improvised explosive device in the LSE toilets. The other five men pleaded guilty to lesser charges. The prosecutor admitted that the men did not plan to kill anyone, but intended to spread mass terror and economic harm. However, he did contend that their actions created risks to the lives of many. The men were not members of al Qaeda, but were inspired by the organization and the sermons of Anwar al-Awlaki [BBC profile; JURIST news archive], the US born cleric who was killed last year [JURIST report]. The men talked and planned openly, not knowing that they were under surveillance. Sentencing will take place next week, but the judge has already informed Chowdhury and Rahman that they will receive sentences of 18 1/2 and 17 years in prison respectively.

Great Britain has been the target of terror plots in the years since the 2005 London transit bombings [JURIST report; JURIST news archive], but has been proactive about prompt apprehension of terror suspects. The 2005 attacks killed 52 people and injured 700 others. In October 2010, a UK court began inquests into the bombings [JURIST report] to determine whether more lives could have been saved with a quicker response. In July 2010, the UK Woolwich Crown Court sentenced three British Muslims to a minimum of 20 years in prison after being convicted [JURIST reports] and sentenced to life in prison under the Terrorism Act of 2006 for involvement with a 2006 plot to blow up numerous transatlantic flights.




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Google defends privacy policy in response to concerns from US lawmakers
Jerry Votava on February 1, 2012 8:10 AM ET

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[JURIST] Google issued a letter [text; press release] Tuesday in response to concerns raised by members of Congress regarding consumer privacy rights as impacted by the search giant's new privacy policy [corporate website; press release]. In its response Google replied to 11 specific questions posed in a letter sent last week [JURIST report] to CEO Larry Page [NYT backgrounder] by US Representative Edward Markey (D-MA) [official website] and seven other lawmakers. Google's response included a confirmation that no new types of data are going to be collected with the advent of the new privacy policy, a list of those services that can be used without signing into a Google Account, the reasons for data sharing between Google products, and a description of the process for data deletion when a user closes an account, along with background information on the motivation for the policy changes. Google maintains its primary reasons for the new privacy policy are to simplify the policy to make it more understandable for consumers, and to improve the user experience across all Google products. In its letter Google described its consolidation of approximately 70 different privacy policies from its various products into a single policy, noting, "Regulators globally have been calling for shorter, simpler privacy policies." Furthermore the company stated that it will continue to comply with the obligations set out in its settlement with the FTC [JURIST report], including the submission of regular independent reviews of its privacy policies, and did not anticipate violating any terms of the settlement. The new privacy policy is set to go into effect March 1.

Google has had several legal battles in the last year, with consumer privacy rights often at issue. In August the Department of Justice (DOJ) [official website] announced that the agency had reached a $500 million settlement [JURIST report] with Google for permitting Canadian pharmaceutical companies to advertise to and target US consumers. In July a federal judge extended settlement negotiations [JURIST report] over a 2005 copyright suit filed against Google over its Google Books [corporate website] book scanning project. Also in July another federal judge ruled that Google could appeal a decision permitting a wiretapping lawsuit [JURIST report] over Google's Street View [corporate website] service to proceed. Google was accused of violating user privacy by using WiFi networks to collect data for the service, a charge that came as a result of a multistate investigation that began in June of 2010. There have been international rulings on the Street View service as well. A Swiss court ruled the service constituted a violation of privacy, while a German court ruled it did not [JURIST reports].




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