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EU court nixes government bulk data collection
Headline News |
2014/04/08 10:08
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The European Union's top court says key legislation allowing governments to collect data on citizens' communications for law-enforcement purposes is invalid.
The European Court of Justice in Luxembourg on Tuesday ruled the so-called data retention directive is too far-reaching and offers too few safeguards to protect people's right to privacy, creating an impression that "private lives are the subject of constant surveillance."
The legislation allows the storage of phone calls or online communication records for at least six months to help prevent serious crimes such as terrorism. The data typically reveal who was involved in the communication, when and how often, but not its content.
The court says the 2006 legislation represents a "particularly serious interference with fundamental rights." |
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Court: Private email exempt from open records law
Headline News |
2014/04/03 14:19
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A California appeals court has ruled that private text messages, emails and other electronic communications sent and received by public officials on their own devices are not public records regardless of the topic.
The 6th District Court of Appeal in San Jose ruled last week that the state's Public Records Act doesn't extend to officials' private devices.
The California Supreme Court is expected to be asked to step in and settle this long-simmering debate.
State laws do require the communications of elected officials and other officials involving public issues to be retained and turned over upon request.
Since the coming of email, activists and others in the state have been battling at all levels of government over whether public issues discussed on private devices with personal accounts are covered by the Public Records Act. Similar legal battles and political debates have sprung up across the country as well.
The March 27 ruling reverses a lower court decision in favor of environmental activist Ted Smith, who sought access to messages sent on private devices through private accounts of the San Jose mayor and City Council members
Smith's attorney James McManis said he will ask the state Supreme Court to review the case. If the high court refuses to take it, the appeals court ruling will stand. |
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Another Apple-Samsung skirmish heads to court
Headline News |
2014/03/31 14:50
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The fiercest rivalry in the world of smartphones is heading back to court this week in the heart of the Silicon Valley, with Apple and Samsung accusing each other, once again, of ripping off designs and features.
The trial will mark the latest round in a long-running series of lawsuits between the two tech giants that underscore a much larger concern about what is allowed to be patented.
"There's a widespread suspicion that lots of the kinds of software patents at issue are written in ways that cover more ground than what Apple or any other tech firm actually invented," Notre Dame law professor Mark McKenna said. "Overly broad patents allow companies to block competition."
The latest Apple-Samsung case will be tried less than two years after a federal jury found Samsung was infringing on Apple patents. Samsung was ordered to pay about $900 million but is appealing and has been allowed to continue selling products using the technology.
Now, jury selection is scheduled to begin Monday in another round of litigation, with Apple Inc. accusing Samsung of infringing on five patents on newer devices, including Galaxy smartphones and tablets. In a counterclaim, Samsung says Apple stole two of its ideas to use on iPhones and iPads. |
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Mass. casino foes ask court to allow repeal effort
Headline News |
2014/03/24 12:25
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Attorney General Martha Coakley erred in excluding from the November state ballot a question that calls for the repeal of the 2011 gambling law, and voters should have the right to decide the issue, casino opponents contended in a court filing Friday.
The group Repeal the Casino Deal submitted a 53-page brief with the Supreme Judicial Court, which is expected to hear arguments in early May.
Former Attorney General Scott Harshbarger, a leader of the anti-casino movement, said that while he greatly respected Coakley, she was "simply wrong" in her analysis of the repeal petition. He said it was inevitable the question would ultimately appear on the ballot.
The casino law allows for up to three resort casinos and one slots parlor and created the Massachusetts Gaming Commission to award licenses and regulate future gambling.
All proposed ballot questions must first go through the attorney general's office to determine whether they pass constitutional muster. In last fall's ruling, Coakley said the repeal question would violate the contracts clause of the state constitution by permitting voters to interfere with implied contracts between the commission and applicants for casino licenses.
"The proposed law is therefore inconsistent with the right to receive compensation for private property appropriated to public use and cannot be certified," the attorney general wrote.
Repeal the Casino Deal argued in its filing that in passing the law, the Legislature did not intend to create any contracts between the commission and casino applicants that would ever prevent the state from exercising its policing or regulatory powers over gambling. |
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Lawsuit says California mortgage money mishandled
Headline News |
2014/03/17 13:54
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Three community assistance organizations sued Gov. Jerry Brown and other state officials on Friday, alleging the state improperly diverted nearly $370 million that was intended to help homeowners struggling with foreclosures.
The lawsuit filed in Sacramento County Superior Court says the money was siphoned off to the state's general fund as California wrestled with a massive budget deficit and has never been repaid. The money was part of the $25 billion settlement between major banks and nearly every state in 2012, with California receiving the largest share.
H.D. Palmer, a spokesman for the Department of Finance, said in a statement that the administration is confident that its budget actions are legally sound.
The suit was filed by attorney Neil Barofsky, who previously was inspector general for the federal bank bailout. The suit alleges the money is needed to help affected homeowners "weather the economic storm that continues to sweep so many families out of their homes."
"As a result of these diversions, large numbers of homeowners who are eligible for loan modifications or other relief have been left stranded, and countless fiscally imperiled California homeowners remain unaware of the full scope of their rights," the lawsuit states.
Barofsky filed the suit on behalf of three California-based community organizations that the suit says have helped thousands of homeowners: National Asian American Coalition, COR Community Development Corporation and National Hispanic Christian Leadership Conference. |
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Chris Brown returns to court after rehab dismissal
Headline News |
2014/03/17 13:54
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After a weekend in jail, Chris Brown is facing a court hearing over his dismissal from rehab and whether he should be given additional penalties, which could include more time behind bars.
The Grammy-winning R&B singer spent the weekend in a downtown Los Angeles lockup after a judge ordered him to be arrested for violating the rules and regulations of his treatment. Court records did not elaborate on the reason for Brown's dismissal from the facility in Malibu that was treating him for anger management, substance abuse and issues related to bi-polar disorder.
Brown, 24, had been under court orders to remain in treatment since November, one month after he was arrested in Washington, D.C., after a man accused him of punching him in a confrontation outside a hotel. That case remains pending, and Superior Court Judge James R. Brandlin has not yet scheduled a probation violation hearing to address whether he would penalize the singer for the arrest.
His attorney Mark Geragos did not return an email message seeking comment on the singer's arrest. Prosecutors have not said what action they plan to take at Monday's hearing.
Brandlin revoked Brown's probation in December, but refused a prosecutor's request in February to send the singer to jail because of the Washington misdemeanor assault case. The judge has said Brown appeared to be making good progress in rehab and a probation officer gave him a favorable report at his last court hearing on Feb. 28.
The singer's arrest last week represents another stumble in his efforts to put his 2009 attack on then-girlfriend Rihanna behind him. Brown's probation had been scheduled to conclude in August, but that is now unlikely because he still has 750 hours of community labor to complete and could face additional penalties for failing to complete rehab successfully. |
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