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Canada privacy watchdog taking Facebook to court
Law Center | 2019/04/23 14:57
Canada's privacy czar said Thursday that he is taking Facebook to court after finding that lax practices at the social media giant allowed personal information to be used for political purposes.

A joint report from privacy commissioner Daniel Therrien and his British Columbia counterpart said major shortcomings were uncovered in Facebook's procedures. It called for stronger laws to protect Canadians.

The commissioners expressed dismay that Facebook had rebuffed their findings and recommendations. Facebook insisted it took the investigation seriously. The company said it offered to enter into a compliance agreement.

The Canadian report comes as Ireland's privacy regulator is investigating Facebook over the company's recent revelation that it had left hundreds of millions of user passwords exposed.

The Canadian probe followed reports that Facebook let an outside organization use an app to access users' personal information and that some of the data was then passed to others. Recipients of the information included the firm Cambridge Analytica.


Kansas court bolsters abortion rights, blocks ban
Legal Interview | 2019/04/21 14:57
Kansas’ highest court ruled for the first time Friday that the state constitution protects abortion rights and blocked a first-in-the-nation ban on a common second trimester method for ending pregnancies.

The state Supreme Court’s ruling represented a big victory for abortion rights supporters in a state with a Republican-controlled Legislature hostile to their cause. It comes with other, GOP-controlled states moving to ban most abortions in direct challenges to the U.S. Supreme Court’s historic 1973 Roe v. Wade decision legalizing abortions across the nation.

The Kansas decision prevents the state from enforcing a 2015 law that could have greatly limited second trimester abortions. But even worse for abortion opponents, the ruling clears the way for legal challenges to a string of abortion restrictions approved in recent years by state lawmakers under past Republican governors.

The court said vague language protecting “equal and inalienable rights” in the first section of the Kansas Constitution’s Bill of Rights grants a “natural right of personal autonomy” that includes the right to “control one’s own body.” Because that right is independent of the U.S. Constitution, Kansas courts could strike down restrictions that have been upheld by the federal courts.

“This right allows a woman to make her own decisions regarding her body, health, family formation, and family life — decisions that can include whether to continue a pregnancy,” the court’s unsigned majority opinion said.

Justices ruled 6-1 on the language in state constitution. Justice Caleb Stegall, the only appointee of a conservative Republican governor, declared in his dissenting opinion that the ruling “fundamentally alters the structure of our government” to “arbitrarily grant a regulatory reprieve” for abortion.

The ruling immediately prompted abortion opponents to call for amending the state constitution. Democratic Gov. Laura Kelly, who took office in January, is a strong abortion-rights supporter, but the Legislature still has solid anti-abortion majorities.

“The liberal, activist Supreme Court showed just how out of touch they are with Kansas values,” Senate President Susan Wagle, a conservative Wichita Republican, said in a statement issued minutes after the decision. “We understand that life is sacred, beginning at conception, and we must always stand and defend the most vulnerable among us, the unborn.”


6 appear in court on charges they sent mosque attack images
Law Center | 2019/04/15 09:56
Six people appeared in a New Zealand court Monday on charges they illegally redistributed the video a gunman livestreamed as he shot worshippers at two mosques last month.

Christchurch District Court Judge Stephen O’Driscoll denied bail to businessman Philip Arps and an 18-year-old suspect who both were taken into custody in March. The four others are not in custody.

The charge of supplying or distributing objectionable material carries a penalty of up to 14 years imprisonment. Arps, 44, is scheduled to next appear in court via video link on April 26.

The 18-year-old suspect is charged with sharing the livestream video and a still image of the Al Noor mosque with the words “target acquired.” He will reappear in court on July 31 when electronically monitored bail will be considered.

Police prosecutor Pip Currie opposed bail for the 18-year-old suspect and said the second charge, involving the words added to the still image, was of significant concern.

New Zealand’s chief censor has banned both the livestreamed footage of the attack and the manifesto written and released by Brenton Harrison Tarrant, who faces 50 murder charges and 39 attempted murder charges in the March 15 attacks.


Texas’ high court keeps execution drug supplier secret
Legal Interview | 2019/04/14 09:57
A supplier of Texas’ execution drugs can remain secret under a court ruling Friday that upheld risks of “physical harm” to the pharmacy, ending what state officials called a threat to the entire U.S. death penalty system.

The decision by the Texas Supreme Court, where Republicans hold every seat on the bench, doesn’t change operations at the nation’s busiest death chamber because state lawmakers banned the disclosure of drug suppliers for executions starting in 2015.

A lawsuit filed a year earlier by condemned Texas inmates argued that the supplier’s identity was needed to verify the quality of the drugs and spare them from unconstitutional pain and suffering. Lower courts went on to reject Texas’ claims that releasing the name would physically endanger pharmacy employees at the hands of death-penalty opponents.

Now, however, the state’s highest court has found the risks valid and ordered the identity of the supplier to stay under wraps.

“The voters of Texas have expressed their judgment that the death penalty is necessary, and this decision preserves Texas’ ability to carry out executions mandated by state law,” Republican Texas Attorney General Ken Paxton said in a statement.

The court deciding that a “substantial” risk of harm exists appeared to largely hinge on an email sent to an Oklahoma pharmacy in which the sender suggested they enhance security and referenced the bombing of an Oklahoma City federal building in 1995.

“I’m speechless with the absurdity of them relying on that singular fact to close, to keep in secret how Texas essentially carries out its execution,” said Maurie Levin, a defense attorney who helped bring the original lawsuit.

The availability of execution drugs has become an issue in many death penalty states after traditional pharmaceutical makers refused to sell their products to prison agencies for execution use. Similar lawsuits about drug provider identities have been argued in other capital punishment states.


Moscow court orders new study in theater director’s case
Legal Interview | 2019/04/13 09:58
A court in Moscow has commissioned a new expert study in the case of an acclaimed theater and film director accused of embezzlement, and adjourned the hearings for two months.

The court on Monday upheld a motion by Kirill Serebrennikov’s defense that claimed that the charges against him are based on the flimsy conclusions of a previous study of his theater’s finances.

Monday’s ruling came a week after Serebrennikov, one of Russia’s most prominent directors, was released from house arrest after 20 months in custody.

He and several of his associates are facing charges of embezzling state funding for a theater project. Serebrennikov has rejected the accusations as absurd, and many in Russia see the charges as punishment for his anti-establishment views.


Court finds WikiLeaks founder Julian Assange guilty
Legal Interview | 2019/04/10 10:06
Court in Britain finds WikiLeaks founder Julian Assange guilty of breaching his bail conditions.

Police arrested Assange at the Ecuadorian embassy in London on Thursday, after the South American nation decided to revoke the political asylum that had given him sanctuary for almost seven years.

London police said they were invited into the embassy by Ecuador’s ambassador. Assange took refuge in the embassy in 2012 after he was released on bail while facing extradition to Sweden on sexual assault allegations that have since been dropped.

Assange has been under U.S. Justice Department scrutiny for years for Wikileaks’ role in publishing thousands of government secrets and was an important figure in the special counsel Robert Mueller’s Russia probe as investigators examined how WikiLeaks obtained emails stolen from Hillary Clinton’s presidential campaign and Democratic groups.

Ecuador’s president, Lenin Moreno, said his government made a “sovereign decision” to revoke Assange’s political asylum due to “repeated violations to international conventions and daily-life.”

“Today I announce that that the discourteous and aggressive behavior of Mr. Julian Assange, the hostile and threatening declarations of its allied organization, against Ecuador, and especially the transgression of international treaties, have led the situation to a point where the asylum of Mr. Assange is unsustainable and no longer viable,” Moreno said in a video released on Twitter.

Video posted online by Ruptly, a news service of Russia Today, showed several men in suits carrying Assange out of the embassy building and loading him into a police van while uniformed British police officers formed a passageway. Assange sported a full beard and slicked-back grey hair.



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