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Legal news from Monday, April 16, 2012




Google fined $25,000 for impeding US investigation
Jamie Davis on April 16, 2012 10:12 PM ET

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[JURIST] Google, Inc. [company profile] was fined [order text, PDF] $25,000 on Friday by the Federal Communications Commission (FCC) [official website] for the company's failure to cooperate with the a federal investigation. Google incurred the fine by refusing to disclose information on its alleged collection of personal information without permission during its Street View [corporate website] project. The FCC imposed the fine [Reuters report] finding that Google refused to release names of employees or turn over any emails relating to the project. The FCC stated: "[f]or many months, Google deliberately impeded and delayed the Bureau's investigation by failing to respond to requests for material information and to provide certifications and verifications of its responses." The allegations against Google stem from the company's collection of information from May 2007 to May 2010. Google compiled information from unsecured wireless networks to supplement its Street View project, but also collected sensitive information such as passwords and internet usage history. The FCC argues that this information is not relevant to Google's Street View project. Google has acknowledged that it did collect the data.

Google has recently been involved in other lawsuits, both nationally and internationally. Earlier this month, the full Federal Court of Australia ruled that the company engaged in advertising practices that were deceptive and misleading [JURIST report], resulting in a violation of the country's consumer protection laws. Last month, a Japanese court ordered Google to remove certain search terms [JURIST report] that a Japanese man claimed violated his privacy, by suggesting his name in connection with crimes he did not commit. Google issued a letter [JURIST report] in February in response to concerns raised by members of Congress regarding consumer privacy rights as impacted by the search giant's new privacy policy. In its response Google replied to 11 specific questions posed in a letter sent the week before [JURIST report]. 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.




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Philippines supreme court dismisses suits challenging martial law
Jamie Davis on April 16, 2012 1:22 PM ET

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[JURIST] The Supreme Court of the Philippines [official website] on Monday released its 9-6 decision dismissing seven suits filed against former president Gloria Macapagal-Arroyo [NYT backgrounder] that challenged the constitutionality of the declaration of martial law she made in 2009. The court also determined that the suits were rendered moot because Arroyo lifted [JURIST report] Proclamation No. 1959 [text] after eight days, thus preventing Congress from reviewing it. The majority opinion determined that Arroyo followed the applicable constitutional rules [Inquirer News report] when declaring martial law by informing Congress and submitting a report within 48 hours and the issue of whether the proclamation was itself constitutional need not be reached. Dissenting justices argued that the court should take this chance to develop the law in order to guide future presidents on the appropriate way to declare martial law. The majority opinion addressed this assertion by downplaying the effectiveness of any guidelines the court may have developed in this case. The declaration of martial law was lifted on December 12, 2009, when Arroyo issued Proclamation No. 1963 restoring writ of habeas corpus. Proclamation No. 1959 was issued [JURIST report] on December 4, 2009 because the government feared an uprising by allies to the Ampatuan family after the family was implicated in the killings of 57 people in Maguindanao.

Arroyo has recently been in the news after she pleaded not guilty to charges of electoral fraud in February [JURIST report]. Arroyo is accused of rigging senate elections in favor of the candidates she supported in 2007. Arroyo was formally charged in December with corruption and election fraud during her presidency. Arroyo also faces charges filed in a second criminal complaint [JURIST report] that she approved a $329-million national broadband network deal with the Chinese company ZTE Corporation [corporate website] in return for millions of dollars in kickbacks in 2008. If Arroyo is convicted she could face life in prison.




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Supreme Court denies new trial for Enron ex-CEO
Jamie Reese on April 16, 2012 12:25 PM ET

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[JURIST] The US Supreme Court [official website] declined review [docket] in the case of former Enron CEO Jeffrey Skilling [JURIST news archives] on Monday. The court, without any comment, allowed to stand the decision [opinion, PDF] of the US Court of Appeals for the Fifth Circuit [official website], which ruled the errors were harmless and rejected Skilling's challenge to his conviction. Skilling's attorney believed the court should summarily reverse the appeals court or fully consider the case. The government said the the erroneous Pinkerton instruction [USLegal backgrounder] given by the trial judge was correctly deemed a harmless error [Reuters report]. Last April, the appeals court denied the new trial [JURIST report], but did vacate the original sentence against Skilling and remanded for resentencing due to lower court error.

In June 2010, the Supreme Court ruled [opinion, PDF] in Skilling v. United States [Cornell LII backgrounder] that the "honest services" doctrine [18 USC § 1346 text] is not unconstitutionally vague [JURIST report] under a limited construction of the statute and that the district court adequately "detected and diffused" juror prejudice in the pre-trial publicity of Skilling. In February 2009, the Fifth Circuit denied [JURIST report] a petition for an en banc rehearing for Skilling after a three-judge panel upheld [JURIST report] his previous convictions and ordered him to be resentenced due to error in the lower court. Skilling's appeal was based on a previous Fifth Circuit ruling [JURIST report] that overturned convictions for other Enron executives based on "honest services theft" because they had acted in Enron's best interest by direction and did not profit from their actions. The panel ruled that Skilling's case differed from these previous rulings because "no one at Enron sanctioned Skilling's improper conduct" and because Skilling's compensation structure was aligned with Enron's earning. In 2006, Skilling was convicted [JURIST report] of 19 counts of conspiracy, insider trading and securities fraud. He is currently serving a 24-year sentence. Skilling initially appealed [JURIST report] his conviction in September 2007 claiming prosecutorial and judicial errors.




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Supreme Court to rule on copyright protection for imported goods
Andrea Bottorff on April 16, 2012 12:11 PM ET

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[JURIST] The US Supreme Court [official website] granted certiorari [order list, PDF] Monday in Kirtsaeng v. John Wiley & Sons, Inc. [docket; cert. petition, PDF] to determine whether, under the Copyright Act [text], a copyrighted work obtained legally outside the US may be sold in the US without the copyright owner's permission. Defendant and Thai national Supap Kirtsaeng resold foreign-manufactured textbooks in the US. The textbooks, published by an Asian subsidiary of US publisher John Wiley & Sons, Inc., were authorized for sale only in Europe, Asia, Africa and the Middle East. The US Court of Appeals for the Second Circuit held [opinion] that the textbooks could not be resold in the US without the copyright owner's permission, because the first-sale doctrine [17 USC § 109(a)] providing that the owner of any particular copy "lawfully made under this title" may resell that good without the authority of the copyright holder, does not apply to imported goods. The court concluded "that the phrase 'lawfully made under this Title in § 109(a) refers specifically and exclusively to copies that are made in territories in which the Copyright Act is law, and not to foreign-manufactured works."

In January, the Supreme Court ruled [JURIST report] in Golan v. Holder [SCOTUSblog backgrounder] that Congress has the authority under the Copyright Act to restore copyright protection in foreign works where the work was never registered in the US and the full copyright term has expired. In December 2010, the Supreme Court split 4-4 [JURIST report], with Justice Elena Kagan recused, on the issue of copyright protection for imported goods in Costco Wholesale Corp v. Omega, SA [Cornell LII backgrounder]. Swiss watchmaker Omega [corporate website] manufactured watches in Switzerland and then sold them to authorized distributors overseas. Watches were purchased by third parties and eventually sold to Costco [corporate website], which sold them to US consumers without authorization from Omega. Because of the split among the justices, the court affirmed the ruling of the US Court of Appeals for the Ninth Circuit that the first-sale doctrine does not apply to imported goods.




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Malaysia PM to review sedition law
Jamie Reese on April 16, 2012 11:23 AM ET

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[JURIST] The Malaysian Prime Minister [official website] pledged Monday to review the country's Internal Security Act of 1960 (ISA) [text, PDF; HRW backgrounder]. Parliament [official website] was expected to replace the law [JURIST report] that currently allows for indefinite detention of terror suspects, dissidents and political opponents. The new act, known as the Security Offences Act, was tabled last week in Parliament, but would ensure that suspects must be released or brought to court within 28 days in custody. The Act also stipulates that people cannot be jailed simply for their political beliefs. Prime Minister Najib Razak [official profile] stated this was an attempt to create a Malaysia that recognizes the human rights [AFP report] of the individual while also balancing those rights with the interests of the community. Opponents have argued that Razak's reforms are an attempt to garner votes before the upcoming election. The prime minister originally announced [JURIST report] that the government would repeal the ISA and the Banishment Act of 1959 [text] in September and initiated [JURIST report] the plan in October.

Last month UN Secretary-General Ban Ki-Moon [official profile] urged [JURIST report] Malaysia to take into consideration international human rights standards. In October 2011, after the prime minister's announcement, the Malaysian government released 125 prisoners [JURIST report] who were held in detention under the Restricted Residence Act of 1933. Malaysia's internal security laws were heavily criticized in the past by various human rights organizations. In June 2010, the UN Working Group on Arbitrary Detention [official website] recommended [JURIST report] Malaysia repeal or amend its security laws to conform to the Universal Declaration of Human Rights [text]. In 2009, the Abolish ISA Movement [advocacy blog] initiated a demonstration against the law in which 10,000 to 20,00 people participated and resulted in 589 arrests. Of those arrested, 29 were charged [JURIST report] for their involvement in the rallies. The International Federation for Human Rights (FIDH) [advocacy website] had also called [JURIST report] Malaysia to abolish the ISA in 2008.




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Vietnam bloggers charged with spreading pro-democracy propaganda
Andrea Bottorff on April 16, 2012 10:28 AM ET

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[JURIST] Vietnamese prosecutors on Monday charged three bloggers with spreading pro-democracy propaganda in violation of the country's criminal law. Bloggers Nguyen Van Hai, alias Dieu Cay, Phan Thanh Hai, alias Anhbasg, and Ta Phong Tan [blogs, in Vietnamese] are scheduled to begin their trials on April 17 in the People's Court of Ho Chi Minh City [official website, in Vietnamese] on charges of spreading propaganda to defame the Vietnamese government, in violation of Article 88 of the Criminal Code [text, PDF]. If convicted, the bloggers would face 10 to 20 years in prison. The three bloggers belonged to the Club for Free Journalists, established in 2007, which promoted journalism that was separate from the state-run media. Human Rights Watch (HRW) [advocacy website] and Amnesty International (AI) [advocacy website] have called for the writers' release [HRW report], calling the charges "politically-motivated" [AI report]. According to the advocacy groups, 60-year-old Nguyen has been in prison since 2008 and is suffering from health problems. Authorities refused to release him when he completed a 2-and-a-half-year sentence in 2010 for tax evasion.

According to the HRW 2012 Annual Report released in January [JURIST report], the Middle Eastern "Arab Spring" revolutions and protests may have inspired Vietnamese citizens to combat oppression in their country, especially restrictions on freedom of speech. However, the Vietnamese government has reacted strongly against pro-democracy bloggers. In November 2011, a Vietnamese appeals court reduced the sentence [JURIST report] of pro-democracy blogger and professor Pham Minh Hoang [blog, in Vietnamese], who had been sentenced [JURIST report] to three years in prison after writing anti-government articles on his blog under his pen name. In August, a Vietnamese appeals court upheld the seven-year sentence of prominent rights lawyer and dissident Cu Huy Ha Vu, convicted in April [JURIST reports] of carrying out anti-state propaganda. In January 2010, a Vietnamese court sentenced [JURIST report] writer and democracy activist Pham Thanh Nghien to four years in prison on charges of spreading anti-state propaganda. The same month, a Vietnamese court convicted four democracy activists [JURIST report] of subversion.




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