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Legal news from Wednesday, February 6, 2013




Virginia lawmakers approve bill to limit acceptable voter ID documents
Brandon Gatto on February 6, 2013 3:18 PM ET

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[JURIST] The Virginia General Assembly [official website] on Tuesday approved legislation limiting the kinds of acceptable documents that voters may use as identification for casting ballots in the Commonwealth. Specifically, Virginia Senate Bill No. 719 and House Bill No. 1337 [texts] remove "several items from the list of acceptable identification documents that a voter must present when voting at the polls on election day." Removed items include a copy of a current utility bill, bank statement, government check, or paycheck that shows the name and address of the voter, as well as a voter's social security card. The laws also require that all forms of voter ID contain a photograph of the voter in addition to the voter's name and address. The latter requirement is similar to Senate Bill 1256 [text], which was also passed on Tuesday and "[eliminates] all forms of identification that do not contain a photograph of the voter from the list of forms of identification...a voter must present in order to be allowed to vote." Because the congressional vote was split considerably along party lines, Lieutenant Governor Bill Bolling (R) [official website] was called to cast the tie-breaking vote, which he did in favor of the new voting regulations. If passed and signed by Governor Bob McDonnell (R) [official website], all new voting measures would take effect in 2014.

Virginia's new laws mark the second time in two years that the Commonwealth has altered voting regulations. In August McDonnell announced [JURIST report] that the US Department of Justice (DOJ) [official website] had approved Virginia's voter ID law involving voting procedures, finding that the law did not violate the Voting Rights Act of 1965 [text]. Prior to the law, the Commonwealth required identification at the polls, but allowed voters to cast ballots without it if they signed an affidavit swearing their identity. That law eliminated the affidavit option while adding several other acceptable forms of identification, all of which have been removed by Tuesday's new legislation. There are now more than 30 US States [NCSL backgrounder] that require voters to present some form of ID at the polls, including 17 states that have passed laws requiring photo ID. The issue remains legally controversial, most notably in South Carolina, Pennsylvania, Wisconsin and Minnesota [JURIST reports].




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Australia high court rules Google did not violate consumer protection laws
Michael Haggerson on February 6, 2013 2:51 PM ET

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[JURIST] The High Court of Australia [official website] unanimously ruled [judgment; summary, PDF] on Wednesday that Google [corporate website] did not engage in misleading or deceptive conduct in violation of Section 52 of the Trade Practices Act of 1974 [text, PDF]. The ruling overturns a lower court ruling [JURIST report]. The Australian Competition and Consumer Commission (ACCC) [official website] brought the case against Google challenging an advertising practice where advertisements were generated that indicated that by clicking on the link the user would be led to information about a competitor, but actually linked to the advertiser's website. On appeal, the High Court ruled that although the advertising practice was indeed misleading and deceptive, the representations were not made by Google, but rather by the advertisers. Google did not create the advertisements and was merely acting as a passive conduit for the advertisers. The High Court additionally stated that ordinary and reasonable users would not assume that Google had endorsed the representations made in the sponsored links. The ACCC stated [press release] that it will "will carefully review the judgment of the High Court to understand whether it has broader ramifications and will consider any consequences for enforcement of the Australian Consumer Law."

Google has already faced sharp opposition to its new policies around the world. In October European regulators urged Google to clarify [JURIST report] its privacy policy. In August Google agreed [JURIST report] to pay a record fine of $22.5 million to the Federal Trade Commission (FTC) [official website] after being charged with tracking users' search histories and targeting ads to those users in violation of a previous privacy settlement. In March EU's Justice Commissioner Vice-President Viviane Reding [official website] declared that Google's new policy violated EU privacy laws [JURIST report], and EU data authorities voiced concern about the sharing and combination of personal data across services and its compliance with European data protection legislation [text]. Google has also faced criticism for its policy in the US where the US District Court for the District of Columbia [official website] in late February dismissed a suit [JURIST report] filed by consumer privacy group Electronic Privacy Information Center (EPIC) [advocacy website] asking the FTC to block Google's then proposed changes. In addition, the National Association of Attorneys General (NAAG) [official website] last February sent a letter [JURIST report] to Google signed by 36 state attorneys general expressing concerns about the company's new privacy policy. In January 2012 Google issued a letter in response to concerns raised by members of Congress [JURIST reports] regarding consumer privacy rights as impacted by the new policy.




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UN rights chief condemns killing of Tunisia political opposition leader
Jerry Votava on February 6, 2013 2:46 PM ET

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[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] on Wednesday spoke out [press release] against the assassination of Chokri Belaid, a political opposition leader in Tunsia. Belaid was killed by gunfire outside of his home on Wednesday morning. Pillay described Belaid as "a prominent defender of human rights and democratic values, and a firm opponent of political violence, which just yesterday he publicly condemned as 'a blow against the democratic process in the country.'" Pillay also called on the government to conduct a thorough investigation regarding the killing and called for additional protection to other political leaders who have received similar threats of violence. Protests have flared around Tunis, and President Moncef Marzouki [official website, in Arabic] has announced [BBC report] an intention to create a new non-partisan government in the wake of the assassination.

Tunisia has faced political turmoil since former president Zine Al Abidine Ben Ali [BBC profile; JURIST news archive] left office amid nationwide protests in 2011, often referred to as part of the Arab Spring. In October Human Rights Watch (HRW) [advocacy website] called on Tunisian authorities [JURIST report] to investigate a series of attacks by religious extremists, and to bring those responsible to justice. In August the UN Working Group on the issue of discrimination against women in law and in practice [official website] urged the Tunisian government to ensure that women's rights are protected [JURIST report] in line with the nation's international human rights obligations. In October 2011 Pillay emphasized the importance of adherence to the rule of law [JURIST report] as the country moves forward.




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UN rights chief urges Somalia to reopen case against alleged rape victim, journalist
Keith Herting on February 6, 2013 2:18 PM ET

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[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] on Wednesday urged the government of Somalia to reopen the case [press release] of a reporter and an alleged rape-victim who were both sentenced [JURIST report] to a year in prison Tuesday. Calling the sentences a "serious blow to the fight against sexual violence," Pillay called on Somalia to reopen the case against a Somali woman who claimed she had been gang-raped by soldiers and Abdiaziz Abdinur Ibrahim, a freelance reporter who interviewed her about her claim. Pillay further requested the nation launch a "full inquiry to clearly establish what happened." Pillay stressed [UN News Centre report] that "sexual abuse in the camps for displaced people in Somalia is a real issue, and any effort to expose, denounce and deter these crimes should be supported." Pillay also expressed concern for the chilling effect the sentences could have on journalism in the nation, noting, "It is deeply disturbing that a woman alleging rape can be penalized for reporting such a crime, and a journalist jailed for investigating it."

The controversy surrounding this case has been a major concern for the fledgling Somali government. Last month UN Special Representative of the Secretary-General on Sexual Violence in Conflict Zainab Hawa Bangura [official profile] criticized the government's response [press release], saying the "approach taken by the Somali police does not serve the interest of justice; it only serves to criminalize victims and undermine freedom of expression for the press." A collection of human rights groups and free press advocates also issued a joint statement [JURIST report] calling for the release of Ibrahim and three others who were detained in connection with the woman's claims. The statement, issued by Human Rights Watch, Amnesty International and the Committee to Protect Journalists [advocacy websites], requested that the government release Ibrahim and the others, who were all involved in reporting on the woman's claims and the government's response.




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UN rights experts call for end to female genital mutilation
Matthew Pomy on February 6, 2013 1:58 PM ET

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[JURIST] The UN Population Fund (UNFPA) and the UN Children's Fund (UNICEF) [official websites] said Wednesday that significant progress has been made in ending the practice of female genital mutilation (FGM) [WHO backgrounder] but called upon the international community to do more to end the practice [press release]. UNICEF estimates that more than 120 million girls and women have experienced FGM in the 29 countries where the practice is centered. This amounts to 36 percent of females between 15-19 years old who have experienced the practice compared to 53 percent of those between 45-49 years old. While the organizations note this is significant progress, they said there is still need for improvement in efforts to stop the practice. UNICEF notes that opinions of the practice in countries where it is prevalent are slowly changing as well. A more comprehensive report of UNICEF's findings will be published later this year.

As many as 140 million women and girls worldwide have undergone some form of FGM, which is defined by the World Health Organization (WHO) [official website] as "all procedures involving partial or total removal of the external female genitalia or injury to the female genital organs for nonmedical reasons." Last November, a UN panel urged countries to ban [JURIST reports] female genital mutilation. Last February the UN reported [JURIST report] similar progress in ending female genital mutilation. In 2010 Human Rights Watch [advocacy website] called on the government of Iraqi Kurdistan [JURIST report] to outlaw female genital mutilation and to develop a comprehensive legislative plan to reduce FGM in the region. In 2009 Uganda unanimously outlawed FGM [JURIST report] and imposed harsh penalties anyone who conducts the procedure to face imprisonment.




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More than 50 countries participated in US extraordinary rendition program: report
Cynthia Miley on February 6, 2013 12:24 PM ET

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[JURIST] At least 54 countries participated [press release] in the US Central Intelligence Agency (CIA) [official website] overseas detention and rendition of at least 136 people, the Open Society Justice Initiative (OSJI) [advocacy website] reported [text, PDF] Tuesday. According to the report, after the terrorist attacks on September 11, 2001 [JURIST backgrounder] the CIA began a secret detention program in which suspected terrorists were held in CIA "black sites" outside of the US where they were subjected to "enhanced interrogation techniques" that included torture and abuse. The CIA also gained the authority, under the Bush administration, to engage in "extraordinary rendition" [JURIST news archive], the transfer without legal process of a detainee to the custody of a foreign government for detention and interrogation. The 54 governments identified cross Africa, Asia, Australia, Europe and North America. The report stated that responsibility for the program fell with both the US and the other countries:
In the face of this trend, the time has come for the United States and its partner governments to own up to their responsibility for secret detention and extraordinary rendition operations. If they do not seize this opportunity, chances are that the truth will emerge by other means to embarrass them. The taint of torture associated with secret detention and extraordinary rendition operations will continue to cling to the United States and its partner governments as long as they fail to air the truth and hold their officials accountable. The impunity currently enjoyed by responsible parties also paves the way for future abuses in counterterrorism operations. There can be no doubt that in today's world, intergovernmental cooperation is necessary for combating terrorism. But such cooperation must be effected in a manner that is consistent with the rule of law. ... Consistent with this principle, it is incumbent on the United States and its partner governments to repudiate secret detention and extraordinary rendition, secure accountability for human rights violations associated with these operations, and ensure that future counterterrorism operations do not violate human rights standards.
The report made nine recommendations to the US government, including repudiating the rendition program and the creation of a non-partisan, independent board to investigate the detentions, and six to other participating governments, including refusal to participate in extraordinary rendition or secret detention.

The issue of CIA extraordinary rendition has been a sensitive one, particularly in Europe. In December the European Court of Human Rights (ECHR) [official website] ruled [JURIST report] that the government of Macedonia [official website] is responsible for the torture and degrading maltreatment of a man the ECHR found to be an innocent victim of CIA extraordinary rendition in 2003. In September the Italian Court of Cassation [official website, in Italian] upheld the convictions [JURIST report] of 23 former CIA officers for the 2003 kidnapping and rendition of Egyptian terror suspect Osama Moustafa Hassan Nasr. In April UN Special Rapporteur on human rights and counterterrorism Ben Emmerson [official profile] expressed regret over a US court decision denying Freedom of Information Act (FOIA) [National Security Archive] requests by a member of the UK parliament and the UK All-Party Parliamentary Group on Extraordinary Rendition [official website], made as part of an investigation into extrajudicial capture [JURIST report] by the US of foreign terrorism suspects for detention and interrogation. In March in a hearing before the European Parliament (EP) [official website], Amnesty International (AI) [advocacy website] asked EU member states to reconsider their involvement in the extraordinary rendition program [JURIST report], intending to create the foundation of an EP report that will divulge details of a five-year investigation into each nation's involvement in supporting CIA renditions.




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Council of Europe urges Turkey to speed up legislation reform
Maureen Cosgrove on February 6, 2013 9:43 AM ET

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[JURIST] The Council of Europe [official website] on Tuesday urged Turkey to move more quickly in its efforts to reform legislation. Council Secretary-General Thorbjorn Jagland [official profile], speaking at a conference in Ankara, emphasized the importance of reform in the laws governing freedom of expression and anti-terrorism, and the pressing need for action [transcript]:
Freedom of expression and media freedom—as guaranteed by Article 10 of the European Convention on Human Rights—is a core element of any functioning democracy. ... Legislation has to be brought in line with Council of Europe standards. Some progress has already been achieved. ... Freedom of expression can disturb the State or any sector of the population, especially when the country is facing threats of terrorism and instability at its borders. But even in these circumstances, freedom of expression is vital. It does not make countries weaker. On the contrary, it strengthens democracy and the rule of law. In fact, any successful struggle against terrorism must be based on democratic principles and rule of law.
Jagland also called for complete reform of Turkey's anti-terrorism laws and challenged lawmakers to recognize the Internet's role in exercising freedom of expression. Finally, Jagland expressed continuing support of legislative reform on behalf of the Council.

Turkey continues to face controversy regarding media freedom and anti-terrorism. The UN Human Rights Committee (UNHRC) [official website] criticized Turkey in November for prosecuting activists [JURIST report] under the country's vague counterterrorism law. In March 2011 a spokesperson for the UN Office of the High Commissioner for Human Rights (OHCHR) [official website] urged Turkish officials to respect journalists' freedom of expression [JURIST report]. In November 2010 a Turkish Magistrate Court in Ankara reinstated [JURIST report] the nearly three-year ban on YouTube [media website; JURIST news archive] only days after the ban had been lifted. The court ordered access to YouTube blocked after video of former opposition leader Deniz Baykal in a bedroom with a female aide surfaced on the site. In September 2010 the European Court of Human Rights (ECHR) [official website] ruled [JURIST report] that Turkey failed to protect the life of well-known Turkish-Armenian writer and journalist Hrant Dink [BBC obituary; JURIST news archive] and failed to adequately investigate his murder and infringed on his right of freedom of expression. Dink, editor of the newspaper Agos [media website], was shot and killed [JURIST report] in Istanbul in January 2007. Prior to his death, Dink was tried and then put on retrial [JURIST report] for "insulting Turkishness" by writing about the killing of Armenians during the Ottoman Empire.




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UK Parliament backs same-sex marriage
Maureen Cosgrove on February 6, 2013 9:02 AM ET

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[JURIST] The UK Parliament [official website] voted 400-175 [press release] on Tuesday in favor of legalizing same-sex marriage in England and Wales. The legislation [HC Bill 126, text], which was introduced late last month [JURIST report], would extend the application of the Marriage Act of 1949 [materials] to same-sex couples as well as opposite-sex couples. The bill also contains exceptions for religious institutions that do not wish to perform same-sex weddings. Same-sex couples in England and Wales have been able to enter into civil partnerships since 2005 [BBC report], giving them many of the same legal rights as married couples. The vote followed a heated debate, with many of Prime Minister David Cameron's [official websites] Conservative Party members calling the legislation morally wrong and not a public priority [Reuters report]. The bill has received strong support from Cameron, as well as the Labour Party and the Liberal Democrats [party websites]. The bill now proceeds to the Public Bill Committee for consideration and debate, then to the House of Lords for final approval.

Same-sex marriage [JURIST backgrounder] has been a controversial issue worldwide. Last month the US Supreme Court [official website] received briefs [JURIST report] in two separate cases defending the constitutionality of laws that define marriage as strictly between one man and one woman. Also last month, the Rhode Island House of Representatives approved a bill [JURIST report] that would legalize same-sex marriage in the state. In December JURIST guest columnist Paul Johnson opined that the effect of an ongoing human rights debate in the British Isles and the European Court of Human Rights may have a detrimental effect on the same-sex marriage debate [JURIST op-ed] in the UK. The Coalition for the Protection of Marriage, a non-profit corporation in Nevada which opposes same-sex marriage, petitioned the US Supreme Court [JURIST report] in December to grant certiorari to determine whether the Fourteenth Amendment's Equal Protection Clause requires Nevada to change its definition of marriage from the union of a man and a woman to the union of two persons. In November the office of the Maryland Attorney General released an opinion [JURIST report] stating that same-sex couples can obtain marriage licenses, allowing Maryland to become the ninth US state to allow same sex marriage after Maine and Washington [JURIST reports] enacted similar measures in November.




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Credit rating agency sued for inflating credit ratings during housing crisis
Jerry Votava on February 6, 2013 8:42 AM ET

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[JURIST] The US Department of Justice (DOJ) [official website] on Monday filed a lawsuit [complaint, PDF; press release] against credit rating agency Standard and Poor's (S&P) [corporate website] for the misrepresentation of the credit risk of complex financial products. S&P assessed the credit risk of structured financial instruments, such as residential mortgage backed securities (RMBSs) and collateralized debt obligations (CDO), and assigned securities with ratings that described the associated risk. The complaint alleges that these ratings were inflated when they were relied upon by investors including many federally insured financial institutions. Further, the DOJ alleged that "S&P falsely represented that its ratings were objective, independent, and uninfluenced by S&P's relationships with investment banks when, in actuality, S&P's desire for increased revenue and market share led it to favor the interests of these banks over investors." A key claim in the complaint is that the ratings are purchased by the institutions holding the securities under review, creating an alleged conflict of interest.

This is the first civil lawsuit by the DOJ against a credit rating agency following the 2008 housing crisis and resulting economic collapse. However, other federal agencies have filed lawsuits and amended regulations in the wake of the collapse. In January the National Credit Union Administration (NCUA) [official website] filed a lawsuit [JURIST report] against JPMorgan Chase &Co.for the sale of $2.2 billion of faulty RMBSs to credit unions. In June 2011 JPMorgan settled [JURIST report] at $153.6 million for fraud charges brought by the Securities and Exchange Commission (SEC) [official website] for misleading investors during the housing crises. In December 2008 the SEC approved rule amendments [JURIST report] that provided greater oversight and regulation of credit rating agencies.




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