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Legal news from Saturday, December 29, 2012




Philippine president signs reproductive health bill into law
Keith Herting on December 29, 2012 3:53 PM ET

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[JURIST] Philippine House Majority Leader Neptali Gonzales III [House profile] announced [Philippine Daily Inquirer report] on Friday that Philippine President Benigno Aquino III [official website] had quietly signed into law on the 21st of December a bill which will make contraception, birth control, sexual education, and maternal care universally available to all Filipinos. The law, known as the Responsible Parenthood and Reproductive Health Act [text, PDF], was passed by the legislature earlier this month [JURIST report] after more than 13 years of national debate over the issue. The Catholic Church, which remains an influential institution in the Philippines as 80 percent of the population is Catholic, opposes the bill, arguing that it will lead to the destruction of marriage and morality [CNN report] in the country. The bill's opponents have attacked provisions which will result in tax revenue going to free condoms and birth control pills for indigent couples, sex education classes beginning in the sixth grade for students, and medical treatment for women who suffer post-abortion complications, though the nation still forbids the practice of abortions. The law is still subject to a constitutionality challenge in the nation's Supreme Court [official website]. Catholic officials have also announced they plan to fight [Philippine Daily Inquirer report] to unseat those who supported the legislation.

The right to sex education and contraceptives, particularly funding issues, continues to be a global issue. In October, France approved [JURIST report] a bill to pay for contraceptive and abortion coverage for minors. The day before that, a US federal appeals court declined to rehear [JURIST report] a Texas Planned Parenthood [advocacy website] funding case in which it ruled that the state could prohibit funding of facilities that perform abortions. In September an Illinois appeals court ruled [JURIST report] that pharmacists can refuse to dispense birth control drugs if they have religious objections to them. In May the Tennessee House of Representatives [official website] passed a bill [PDF, JURIST report] that augments the state's abstinence-only sex education curriculum to allow parents to sue school teachers or organizations who promote "gateway sexual activity". In 2009 a German court rejected a challenge [JURIST report] on religious grounds to mandatory sex education.




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China adopts strict new rules on internet providers and users
Keith Herting on December 29, 2012 1:58 PM ET

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[JURIST] China adopted new rules on Friday which impose new restrictions [Xinhua report] on the country's Internet Service Providers (ISPs) and individual users. The rules, called the Decision to Strengthen the Protection of Online Information, were adopted by China's highest legislative body, the National People's Congress Standing Committee (NPCSC) [official website], after one reading and without any public consultation. The decision by the NPCSC includes provisions requiring that all land-line phone, mobile phone, and Internet service contracts are provided only to people who give their real names to their providers and it imposes an obligation on the ISPs to monitor, delete, and report to the government any online content the ISP determines is illegal. While many critics fear that the new push will stifle online speech [South China Morning Post report], the decision's text claims that the new rule will "ensure Internet information security, safeguard the lawful rights and interests of citizens, legal entities or other organizations and safeguard national security and social public interests."

China has faced criticism for its policy of strict Internet regulation. In July the government suggested rules that would limit anonymous posting online [JURIST report]. In 2010, the State Council Information Office of the People's Republic of China [official website, in Chinese] released a position paper [JURIST report] on the country's human rights record, claiming that it has heightened Internet freedoms and improved civil and political rights. In July of that year, Chinese Internet regulators planned to drastically reduce Internet anonymity [JURIST report] by requiring people to use their real names when posting on certain Chinese websites, according to Human Rights in China (HRIC) [advocacy website]. HRIC's revelation came on the heels of a June announcement that Google would continue to operate its google.cn Internet search engine in mainland China, ending a four-month period during which the site simply redirected to the uncensored google.hk [search websites; JURIST report] after the company threatened in January to pull out of China entirely [JURIST report]. Earlier that month, the Chinese government defended [JURIST report] its Internet censorship laws in a report on Internet usage in the country.




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Mexico urges US court to block part of Arizona immigration law
Peter Snyder on December 29, 2012 1:01 PM ET

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[JURIST] Lawyers representing the Mexican government asked the US Ninth Circuit Court of Appeals [official website] in an amicus brief to uphold a lower court ruling that blocked enforcement of a section of the 2010 Arizona immigration law SB 1070 [text, PDF] that prohibits the harboring of illegal aliens. In their brief, Mexico's lawyers argued [AP report] that the prohibition harms diplomatic relations between the US and Mexico and encourages the marginalization of Mexicans and individuals who appear to be Latin American. In addition, the brief stated, "Mexico cannot conduct effective negotiations with the United States when the foreign policy decisions of the federal governments are undermined by the individual policies of individual states" The harboring ban had been in effect since its inception in July 2010 until it was struck down [JURIST report] by the US District Court for the District of Arizona in September. Arizona Governor Jan Brewer [official website], who signed the bill into law, appealed [JURIST report] the lower court's injunction in late September.

Immigration laws [JURIST backgrounder] have become a hot button issue over the past few years, as many states, Arizona being the first, passed laws giving state and local officials more power to crack down on illegal immigration. In June, the US Supreme Court [official website] ruled [JURIST report] in Arizona v. United States [SCOTUSblog backgrounder] to strike down sections of the Arizona law, but upheld the controversial portion allowing police officers to check immigration status of anyone arrested. In August, the US Court of Appeals for the Eleventh Circuit [official website] struck down [JURIST report] several provisions of Alabama's controversial law HB 56 [text, PDF], upheld a few sections of the law and rejected part of Georgia's law HB 87 [text, PDF]. That same month, the US Court of Appeals for the Third Circuit [official website] again heard arguments for the second time [JURIST report] on two immigration laws enacted in 2006 by the city of Hazleton, Pennsylvania, which deny permits to businesses that employ illegal immigrants and fine landlords who extend housing to them. In July a judge for the US District Court for the District of South Carolina [official website] declined to lift an injunction [JURIST report] against South Carolina's immigration law SB 20 [text], despite the Supreme Court's ruling. The lawsuit against the South Carolina immigration law had been put on hold [JURIST report] in January pending the outcome of Arizona v. United States.




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Moscow court acquits prison doctor in death of Russian whistleblower
Peter Snyder on December 29, 2012 11:38 AM ET

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[JURIST] A Moscow court on Friday acquitted prison doctor Dmitry Kratov of all charges stemming from the death of whistleblowing lawyer Sergei Magnitsky in 2009. A Russian judge found that there was no evidence [Al Jazeera report] showing a causal link between Kratov's negligence and Magnitsky's death. Dr. Kratov was the head of medical services at Butyrka Prison, where Magnitsky died from untreated pancreatitis. An investigation conducted by Russia's Presidential Council on Human Rights [official website] concluded [JURIST report] that in addition to being denied medical treatment Magnitsky had been severely beaten during his year long pretrial incarceration. Kratov was accused of negligence for allegedly refusing to respond to repeated requests by Magnitsky to treat his life-threatening condition. Acquittal had been expected as earlier this week the prosecution dropped their accusations, stating they no longer believed there was any connection between Kratov's actions and Magnitsky's death. Kratov had pleaded not guility, citing a shortage of staff as the main factor behind his inability to treat Magnitsky. Magnitsky's family and lawyers said Kratov's trial was a sham [Newsday report], and stated that Kratov should be held responsible for his role in Magnitksky's death.

Magnitsky, a lawyer for the Hermitage Capital Fund [official website], was arrested in 2008 by Russian Interior Ministry [official website, in English] officials on suspicion of tax evasion after he accused the ministry of embezzling $230 million from the state. The US Helsinki Commission [official website] has implicated 60 Russian government officials in the Magnitsky case, but only Kratov has been tried. Earlier this month, the US Congress passed the Magnitsky Act [text] in the lawyer's name, which will allow the US Secretary of the Treasury [official website] to freeze assets, prohibit all transactions and deny visas to Russians implicated in human rights abuses. In retaliation, Russian President Vladimir Putin [official website, in Russian; JURIST news archive] on Friday signed into law [JURIST report] a bill that prohibits US citizens from adopting Russian children.




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Apple withdraws patent claim against Samsung
Samuel Franklin on December 29, 2012 11:24 AM ET

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[JURIST] Apple Inc disclosed on Friday an agreement to withdraw patent claims against Samsung [corporate websites] in the US District Court for Northern California [official website] for a new Samsung phone, Galaxy S III Mini, that the South Korea-based company said it was not offering for sale in the US market. Samsung began sales [Reuters report] of the Mini in Europe this October following Apple's release of its iPhone 5 [product backgrounder]. Despite allegations from Apple that the Mini could be purchased and shipped to the US, Samsung has continuously asserted that the product will neither encroach upon Apple's US market sales nor enter the country's stream of commerce. Last month, the same federal court allowed Apple to add claims [JURIST report] against Samsung's Galaxy S III Mini, Galaxy Note, and the Jelly Bean operating system to the original lawsuit filed in February of this year. Originally filed by Apple, the lawsuit alleges that the various Samsung smart phones and tablets infringe eight of Apple's patents, and in response Samsung has filed cross-complaints alleging that Apple's iPhone and iPad infringe eight of its patents. The lawsuit is one of two pending patent infringement cases [materials] between the two companies, and is currently scheduled for trial in 2014.

Apple and Samsung have been embroiled in continuous patent litigation in courts around the world. In October, the Dutch Rechtbank's-Gravenhage [official website] court ruled that Samsung did not infringe [JURIST report] on an Apple software patent. That same month, a UK court also ruled that Samsung did not infringe [JURIST report] on an Apple design patent. In the same time frame Apple appealed a Tokyo District Court ruling [JURIST report] which dismissed the company's claim that Samsung had infringed on its patents. At the beginning of October, the US Court of Appeals for the Federal Circuit [official website] reversed an injunction [JURIST report] against Samsung that prevented it from selling its Galaxy Nexus [product backgrounder]. Earlier in August, Apple won a $1.05 billion judgment [JURIST report] in the Northern District of California against Samsung involving other patent infringements.




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Beijing court orders Apple to pay copyright infringement damages
Samuel Franklin on December 29, 2012 11:12 AM ET

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[JURIST] A Beijing court ordered Apple, Inc., on Thursday to pay damages of 1.03 million yuan, or $165,908 USD, to eight Chinese writers and two companies for copyright infringement. The Beijing No. 2 Intermediate People's Court [official website, in Chinese], a regional court directly below China's appellate level courts, held [Xinhau News report] that software available on Apple's app store contained unlicensed digital copies of the writers' books in violation of the plaintiffs' "right of communication through information networks." The China Written Works Copyright Society (CWWCS) [official website, in Chinese], an organization representing the writers in the complaint, originally asked for $1.89 million in compensatory damages and nearly doubled [Apple Insider report] that request in February to $3.65 million following what CWWCS considered a slow response by Apple to their initial request for the materials' removal.

Thursday's decision is the second in four months from the same court ordering Apple to pay damages for copyright infringement. Apple is currently appealing [Washington Post report] a September order by the court to pay $83,000 for alleged copyright infringement of a Chinese encyclopedia publisher. Apple has also been on both ends of multiple patent challenges with Samsung recently. In October, the US District Court for the Northern District of California [official website] lifted a preliminary injunction [JURIST report] against the Samsung Galaxy Tab 10.1 [product backgrounder], which was granted during a patent infringement suit brought by Apple against Samsung [corporate website]. In September, the US International Trade Commission (ITC) [official website] ruled against Samsung [JURIST report] in a suit brought against Apple claiming that Apple infringed on four of its patents.




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