Category Archives: law

0 notes

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under LDCs, design, digital, economics, government, language, law

5th Pillar's zero-rupee note (in Tamil, front and back:), intended as a means of protest for those too poor to pay a bribes: they're supposed to hand this over rather than actual currency.

5th Pillar's 0-rupee note, Tamil, front

5th Pillar's 0-rupee note, Tamil, front

This seems ill-conceived all around: a private protest likely to transform impersonal corruption into personal persecution (where shouting, say, at least can attract attention); an expensive surrogate for one of the few things the poor have (speech); a general approach to a problem that is everywhere specific; and so on. And, of course, who are these people too poor to pay a bribe but not too poor to print a jpeg from the web? Third parties might intervene by printing and distributing them to the poor — central banks for anticorruption. But who knows?

Also available in Hindi, Telugu, Kannada, and Malayam.

( World Bank | Felix Salmon )p

Home naming is killing the, oh, nevermind…

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under crime, language, law, media, trend

IPR ideology trickles down:

A former South Dakota lawmaker convicted of [a bunch of awful stuff] has sent news organizations what he claims is a copyright notice that seeks to prevent the use of his name without his consent. A letter and an accompanying document labeled "Common Law Copyright Notice" said former state Rep. Ted Alvin Klaudt is reserving a common-law copyright of a trade name or trademark for his name. It said no one can use his name without his consent, and anyone who does would owe him $500,000.

Plan B: the national-security argument.

Pretty much

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under crime, government, law

Posner snarks: “If you get old enough, you can commit a white-collar crime.”

Disclaimer

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under LDCs, crime, finance, government, international, law, military, security, trend

Xe:

The joint audit by the Special Inspector General for Iraq Reconstruction and the United State Department of State Inspector General released yesterday does not, as some press reports have suggested, allege that Blackwater was ever complicit in overbilling the United States government for work it performed in Iraq in 2006 and 2007.

The audit does not even state that the government overpaid Blackwater for staffing issues. All it suggests is that invoices spanning a period of time are reviewed. A $55 million penalty has in no way been determined.

In fact, the government contracting officer determined that Blackwater was compliant with the terms of the contract at the time for which they were reviewing and the therefore did not apply any deductions or penalties. Blackwater only billed for services provided.

But we thought you were "Xe."

(yeti)

Litigator as artist 2

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under digital, language, law, network

WIN:

Beck meets UDRP, loses

Coverage: PC Mag, Ars Technica, CNET.

See also: "Litigator as artist."

QOTD

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under digital, government, international, language, law, media, network

Grimmelmann:

Your avatar’s arms are never going to be long enough to box with a game god whose software controls arm length.

Or, as we used to put it: he who would snack with the Devil must needs use a long spork...

( jotwell | froomkin )

Synthetic sewage

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under government, international, law, military, science, security

"Pirates and Plants" @ Flickr, ULed 2009-07-15:

truck said to spray synthetic sewage

Indeed: WiReD.

Flickr Pro, Flickr Con

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under crime, digital, government, law, media, military, neighborhood, security, trend, urban

Bernie Kerik’s Flickr photostream includes gems like Officer Kerik in ’93...

Officer Kerik

...“plainclothes” (modulo the assault rifle) Kerik escorting Susan Rosenberg (ca. ’83?; SR playing ping pong here)...

Kerik guarding “Rosenberg”

...authentic arrest scenes...

Ossifer Kerik arrests outside of PA

...and, indeed, pretty much his entire rise and fall. Except for his mugshot:

Kerik mugshot

The kommissar disappears:

BK to MDC

(Left: Flickr, plemeljr, 8 Feb ’05 [detail]; right: m3t00, 11 Oct ’09.)

KEI FOIAs USTR ACTA NDAs

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under LDCs, crime, digital, economics, government, international, language, law, standards

Expanded: Jamie Love at Knowledge Ecology International has forced the Office of the United States Trade Representative to cough up the names of people who know what the US is secretly negotiating in the proposed multilateral Anti-Counterfeiting Trade Agreement. They are:

People who've signed an NDA in order to see ACTA's "internet text":

Emery Simon (Business Software Alliance [BSA]), Jesse Feder (Business Software Alliance [BSA]), Bill Patry (Google), Daphne Keller (Google), Johanna Shelton (Google), Lisa Pearlman (Wilmer Hale), Robert Novick (Wilmer Hale), Bob Kruger (eBay consultant), Brian Bieron (eBay), Hillary Brill (eBay), Sarah Deutch (Verizon), David Weller (Wilmer Hale), Steve Metalitz (International Intellectual Property Alliance [IIPA]), Mitchell Silberberg & Knupp LLP), Veronica O'Connell (Consumer Electronics Association [CEA]), Jim Burger (Dow Lohnes, Intel counsel), Jonathan Band (Jonathan Band PLLC), Gigi Sohn (Public Knowledge), Rashmi Rangnath (Public Knowledge), Sherwin Siy (Public Knowledge), Maritza Castro (Dell), Jeff Lawrence (Intel), Mathew Schruers (CCIA), David Sohn (Center for Democracy and Technology [CDT]), Michael Pericone (Consumer Electronics Association [CEA]), Ryan Triplette (Intel), Janet O'Callaghan (News Corp), Chris Israel (PCT Government Relations), Alicia Smith (Sony Pictures Entertainment), Cameron Gilreath (Time Warner), Seth Greensten (Constantine Cannon LLP, for Consumer Electronics Association [CEA]), Daniel Dougherty (eBay), David Fares (News Corp)

Members of ITAC 15 (the Industry Trade Advisory Committee on Intellectual Property Rights) who've received the ACTA "internet text" who are:

Anissa S. Whitten (Motion Picture Association of America [MPAA]), Eric Smith (International Intellectual Property Alliance [IIPA]), Neil I. Turkewitz (Recording Industry Association of America [RIAA]), Sandra M. Aistars (Time Warner), Stevan D. Mitchell (Entertainment Software Association), Thomas J. Thomson (Coalition for Intellectual Property Rights [CIPR]), and Timothy P. Trainer (Global Intellectual Property Strategy Center, PC, and Zippo Manufacturing)

Members of ITAC 8 (the Industry Trade Advisory Committee on Information and Communications Technologies, Services, and Electronic Commerce) who've received the ACTA "internet text" who are:

Jacquelynn Ruff (Verizon), John P. Goyer (U.S. Coalition of Service Industries), and Mark F. Bohannon (Public Policy, Software and Information Industry Association)

(WiReD)

Twilight of the idlers

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under crime, finance, government, international, law, trend

NYTeims on the (game of chicken | prisoner’s dilemma | etc) faced by the *ffluent with undeclared offshore money:

The whole issue has become a minefield for some wealthy families. Many offshore accounts are held in the names of several family members, who do not always agree on what they should do. Bruce Zagaris, a tax and criminal defense lawyer in Washington, said that in some instances, one family member was pushing to disclose an offshore account, while another wanted to keep the money hidden. One of his cases involves parents with an offshore trust for their three children, only two of whom had disclosed the assets. If the parents want to disclose the accounts, “they have to rat on one of their kids,” he said.

It’s tough being dishonest.

Tweet tweet: a little birdie told me…

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under crime, digital, government, law, media, network, security, trend, urban

The Guardian reports on an NYC anarcho arrested for twittering whereabouts of police at Pittsburgh G20:

Elliot Madison, 41, from Queens, had his home raided and was put on $30,000 (£19,000) bail after he and Michael Wallschlaeger, 46, were tracked to the Carefree Inn motel in Pittsburgh during the summit on 24 and 25 September. The pair were found sitting in front of a bank of laptops and emergency frequency radio scanners. They were wearing headphones and microphones and had many maps and contact numbers in the room. Official police documents allege the two men used Twitter messages to contact protesters at the summit "and to inform the protesters and groups of the movements and actions of law enforcement".

OTOH...

During the summit, the police openly monitored Twitter to listen in to the protesters' communications.

"Openly."
(rp)

Litigator as artist

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under digital, language, law, network

This would go over a lot better if the International Association of Imbeciles weren't the main advocacy organization for washed-up county clerks who supplement their pensions with UDRP arbitration gigs:

We are not here because the domain name could cause confusion. We do not have a declaration from the president of the international association of imbeciles that his members are blankly staring at the Respondent’s website wondering “where did all the race baiting content go?” We are here because Mr. Beck wants Respondent’s website shut down. He wants it shut down because Respondent’s website makes a poignant and accurate satirical critique of Mr. Beck by parodying Beck’s very rhetorical style. Beck’s skin is too thin to take the criticism, so he wants the site down. Beck is represented by a learned and respected legal team. Accordingly, it is beyond doubt that his counsel advised him that under the First Amendment to the United States’ Constitution, no action in a U.S. Court would be successful. See, e.g., Hustler Magazine, Inc. v. Falwell, 485 U.S. 46 (1988). Accordingly, Beck is attempting to use this transnational body to circumvent and subvert the Respondent’s constitutional rights.

(discourse.net)

“Think of us like a coast guard”

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under crime, economics, environment, food, government, international, law, media, security, trend

Jordan Zinovich and Hans Plomp:

Before warlords toppled Somali dictator Mohamed Siad Barre in 1991, Somalia had a kind of stability recognized by the “community of nations.” As early as 1971, Somalia’s fishery was considered an increasingly promising economic resource. By 1982, Denmark, Germany, Italy, Japan, Sweden, the UK, and the USSR had negotiated fishing deals with the Somali government.(20) The so-called “piracy” we’re witnessing today seems to have started about 15 years ago in response to the international fleets that moved in to plunder the country’s rich fishery after the Barre regime collapsed.(21) [...]

But Somalia is without a functional government, and boats from many countries now freely ignore Somali territorial sovereignty. Foreign fishermen steal an estimated US$300 million worth of Somali tuna, shrimp, and lobster each year. And they reportedly use such internationally prohibited fishing gear as very small mesh-size nets and sophisticated underwater lighting systems.(23) Peter Lehr, of the University of St. Andrews, characterizes the recent incidents of “piracy” as “a resource swap,” where “Somalis collect up to US$100 million a year from ‘pirate ransoms’ off their coasts [while] the Europeans and Asians poach around US$300 million a year in fish from Somali waters.”(24) [...]

Illegal fishing wasn’t the only assault that forced these young men to sea: the illegal dumping of toxic and nuclear waste in their waters was another powerful motivator.

Read More »

Eben Moglen, muckraker

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under crime, digital, economics, law, network, security, standards, trend

Sergey Aleynikov’s defense: ‘I wasn’t stealing software — Goldman Sachs incorporates GNU software into its high-frequency trading algorithsms...’

Where are all the Slashdottirs when you need them?

If you kids don’t cut it out RIGHT NOW…

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under art, crime, government, law, trend

Mike Sandman, “Chicago’s Telecom Expert”:

It's a fact...

By the time an American or Canadian youth is 21 years old, they'll be tasered by at least one police officer. Men, women, children — even pregnant women, are all going to be tasered at least once by a police officer who doesn't like them, doesn't like what they're saying, or who mistakes them for another subject.

Infractions as minor as jaywalking or a traffic ticket give the police officer authorization to taser a subject. Where a nightstick used to be the compliance tool of choice for the police officer, tasering a subject has proven to be much less work for the police officer than having to use full blows with the nightstick. After reloading, a police officer can taser many more subjects into compliance within minutes.

[...]

Using the Taseler™ for KIDS! on your own children will have the dual benefits of conditioning their body to 40,000 volts of electricity, as well as getting immediate compliance after the use of your Taseler™ for KIDS! (and having well behaved kids!). That means your children will easily handle the 50,000 volts when the police officer decides to use their electronic compliance tool on your child. Conditioning has proven to last over 8 years after four electronic compliance sessions (Taseler™ for KIDS! Barbed Spike Refills are only $1.99 in 100 quantity!).

Their solution:

Taseler for kids

B1FF.ORG!!! doesn’t pimp commercial interests, but in this case we’ll make an exception: we’ve been satisfied customers of Sandman for years. Support your local satirist.

Seven years of 9/11 9/11 9/11…

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under government, law, military, security, trend, urban

...only to read this:

“New Calls for Regulating Airspace over Hudson”

Go team.

Karoo court

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under digital, government, law, media, neighborhood, network, privacy, security, trend

Teh Grauniad on ‘internet users’ in Hull, England, subject to a local-monopoly ISP that appears to be run by a sadist:

"It is evident that we have been exceeding the expectations of copyright owners, the media and internet users[....] So, we have changed our policy to move in more line with the industry standard approach, whilst still taking the issues of copyright infringement and illegal internet activity seriously."

Shouldn’t be an issue, as long as Karoo doesn’t mind being treated similarly by, say, Inland Revenue.

(BNA’s Internet Law News [Geist])

User-generated late capitalism

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under economics, finance, government, law, standards, trend

Global economy = MMPORG, ratings = Facebook:

Reuters:

  • Berkshire cuts Moody’s stake to 16.98 pct
  • First reported reduction since 2000
  • Moody’s shares sink 10.6 pct after-hours[...]

Warren Buffett’s Berkshire Hathaway Inc (BRKa.N) (BRKb.N) this week lowered its stake in credit ratings provider Moody’s Corp (MCO.N) [no friends! :( ] to 16.98 percent from 20.4 percent, the first reported reduction since 2000. The sale of about 8 million shares was revealed three months after Moody’s stripped Berkshire of its own “Aaa” rating, and a day after the Obama administration proposed new disclosure and conflict of interest rules for rating agencies.

And the stock exchanges are hotornot, full of outstretched arms holding cellphones up to snap a pic in the mirror.

(felix salmon)

See also: QOTD,” “eBankrun.”

YooTube

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under art, education, law, media, military, privacy

Music to Ballmer’s ears

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under digital, government, law, network, standards

FT (13 Jul ’09):

“Google represents a serious threat [to MOFT],” said Tom Austin, an analyst at Gartner, who compared the rivalry between the two companies to the browser wars that shaped the early internet. With the free version of its software, “Microsoft is responding as vigorously as it did against Netscape”, he added.

Four great moments in that ‘vigorous response’:

Bill Gates deposition

See also:Judge to Ballmer: ‘GIVE IT UP FOR ME’.”

(image: Wikipedia)

Journalistic ethics, NYT edition

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under architecture, art, economics, education, energy, environment, government, international, language, law, media, medicine, military, neighborhood, religion, science

Vivant Denon's grave at Pere Lachaise, by agramainio (Flickr)

Randy Cohen, who currently “writes the The Ethicist for The New York Times Magazine” and will write another weekly column (“Moral of the Story”) “examin[ing] a news story from an ethical perspective,” shows either (a) sloppy writing, (b) a complete disregard for national sensibilities, or (c) a sort of carpet-bombing ignorance of the arts and sciences when he writes:

There’d be no reason to visit Pere Lachaise if it did not provide a physical link to Oscar Wilde and Jim Morrison.

Except for, say, Abelard and Heloise, Apollinaire, Balzac, Bernard, Bichat, Bizet, Bourdieu, Champollion, Colette, Comte, Corot, Daumier, Delacroix, Vivant Denon, Doré, Duncan, Éluard, Ernst, Fontaine, Fourier, Fuller, Gay-Lussac, Haussmann, Lyotard, Marceau, Méliés, Merleau-Ponty, Modigliani, Moliere, Nadar, Nerval, Ophuls, Piaf, Pissarro, Proust, Rossini, Roussel, Saint-Hilaire, Seurat, Signoret, Stein, and Toklas. And the Mur des Fédérés.

(photo: agramainio)

Tenured radical

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under digital, economics, law, network, trend

Copyrights & Campaigns finds this curiosity in “the record label plaintiffs’ written discovery regarding Joel Tenenbaum's fair use defense,” addressed to Berkman-founder Charlie Nesson:

Admit that the image attached hereto as Exhibit 1, with the caption, 'Destroy Capitalism, Support Piracy,' is a true and correct copy of an image that was posted to the Internet by your counsel.

The image:

Cap'n Nesson sez: " DESTROY CAPITALISM, SUPPORT PIRACY!"

Aye!

(ao)

Trick question

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under government, law, network, privacy, security, trend

City of Bozeman, Montana, consent and release to conduct criminal background and reference checks:

Please list any and all, current personal or business websites, web pages or memberships on any Internet-based chat rooms, social clubs or
forums, to include, but not limited to: Facebook, Google, Yahoo, YouTube.com, MySpace, etc.

Website/Domain    Username/Member    Log-In    Password

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

(risks)

Pay no attention to that harried intern behind the opaque process

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under government, international, language, law, standards, trend

State-corporatist innovative process revealed: industry lobbyists bitching that the groupthinktank’s independent report they paid for includes independent opinions. In the linked article, Michael Geist, who first spotted the plagiarized passages, uses an excellent phrase:

It’s equally telling, if not more important, on the copyright side. It’s a very clear confirmation that the kind of policy laundering that many of us have been concerned about, where you get large U.S. and Canadian lobby groups trying to launder their positions through seemingly independent groups, is exactly what’s taking place.

Geist’s identification of plagiarism was a good catch, but it obscures the bigger picture — in which policy coordination and harmonization require people working in different jurisdictions to arrive at substantially similar if not identical language. In this context, plagiarism is a feature not a bug.

Wikipedia cites Ian Hosein in its definition of policy laundering as a “means to disguise the origin or real purpose of political decisions, laws or international treaties.” Privacy International notes that “policies are being developed outside of national deliberative fora and then adopted locally in the interests of national governments.”

To see just how anemic these definitions are, compare Wikipedia’s definition of money laundering:

the practice of disguising illegally obtained funds so that they seem legal. It is a crime in many jurisdictions with varying definitions. It is a key operation of the underground economy.

If money laundering is a key operation in an “underground economy,” here’s a useful question in the form of a mad lib: policy laundering is a key operation in a(n) ___________ economy.

Unfortunately, the semantics of verticality (how ’80s is that phrase?!) are pretty one-way — down=bad, up=good — so it would be hard to coin a phrase that conveys the possibility of a sinister “aerial,” “atmospheric,” or “elevated” economy. Alas. But, neologism notwithstanding, there are different ways to break the law: if criminals do it by transgressing the law, influence-peddlers do it by changing the law. Rewriting definitions of policy laundering in a less wonkish way, one that more closely mirrors definitions of money laundering, would be a fine exercise. For example:

the practice of disguising improperly drafted laws and policies so that they seem bona fide. It corrupts representative government. It is a key operation of transnational conspiracy.

A bit bombastic, but a start.

See:Plagiarism is necessary: state-corporatist innovation implies it.”

Promising idea

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under finance, idea, law

Deny pensions to former execs of too-big-but-failed companies.

See also:Troubled asse(t)s,” wherein Credit Suisse Group compensated bankers “with an illiquid group of junk bonds, mortgage-backed securities and corporate loans.” Cf. malus, n., “The return of performance-related compensation originally payed by an employer to an employee as a result of the discovery of a defect in the performance.”