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Posts tagged ‘Law’

Is Forgetting Your Password A Valid Defense?

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Two suspects accused of extorting the so-called “Queen of Snapchat” as part of a sex-tape scandal are scheduled to appear in a Florida court on May 30, 2017. The accused need only to answer a simple question on this visit. Miami-Dade Circuit Judge Charles Johnson wants an explanation as to why the defendants can’t remember the passcodes to their mobile phones. 

If the judge doesn’t believe them or if they remain silent, the two suspects face possible contempt charges and indefinite jail time for refusing a court order to unlock their phones so prosecutors can examine text messages. Their defense to that order, however, rests on an unsettled area of law. Both defendants maintain that a court order requiring them to unlock an encrypted device is a breach of the Fifth Amendment right to be free from compelled self-incrimination.

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House GOP Takes Power From First African American Librarian Of Congress

(AP Photo/Pablo Martinez Monsivais

A bill that would empower Donald Trump to appoint the next Register of Copyrights was easily passed this year by the House of Representatives on , and is headed to the Senate. The final vote was 378-48.

The vote came just a month after the bill, the Register of Copyrights Selection and Accountability Act, (H.R. 1695) was first introduced on March 23. The bill would block Librarian of Congress Carla Hayden from appointing the next Register of Copyrights and instead transfer the authority to appoint the Register to the President, with Senate confirmation.

The bill happened after Hayden ousted Maria Pallante from her post as Register of Copyrights last October, a move that outraged many in the entertainment industry, and in Congress, who had counted Pallante as a close ally.

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In January, Pallante was named President and CEO of the Association of American Publishers. Currently, Karyn Temple Claggett is leading the Copyright Office on an interim basis.

Hayden, has over 40 years of experience in library science and administration, was appointed by President Obama as the 14th librarian of Congress, and is both the first woman and the first Black American to serve in this role.

Hayden has also been an open advocate of balancing the rights of content creators and corporate copyright owners to adequately and fairly reap the benefits of their creative labors with the general public’s interest in broadening public access to this content in a fair and equitable manner.

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Phily Librarians Stocking Up On Heroin Antidote Because Of Tourist

Fentanyl Bust

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Courtesy BELVILLE NEWS DEMOCRAT

Hundreds of people aka “Heroin Tourist” are traveling to Philadelphia every month in dorves because of its reputation for having purer heroin than any other city.

As a result, overdoses in public places have surged, including public libraries, where librarians have begun to stock Narcan to counteract overdoses that occur there.

Librarians have been called into duty so often to revive overdose victims, they have learned to tell the difference between a regular heroin overdose and a more deadly fentanyl overdose,  by the sound the victim makes while collapsing, a story in Philly.com reports.

But they are not just using bathrooms, overdoses occur on the lawns and property of public libraries, and other public places, one of which has been dubbed “needle park” for its use by addicts to shoot up.

The Philadelphia Department of Health reported in February about an “alarming increase” in overdose deaths in the city.
During the first five days of December, the city reported 35 deaths from heroin overdoses, most included an amount of fentanyl, a synthetic type of heroin that can be as much as 50 times more dangerous.
 The 12 drug deaths reported on December 1, 2016 were more than had ever been reported on a single day to the Medical Examiner’s Office.

New York State & Textalyzer Technology Bill

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The new “textalyzer” technology is modeled after the Breathalyzer, and would determine if you had been using your phone illegally on the road. Lawmakers in New York and a handful of other cities and states are considering allowing police to use the device to crack into phones because, they say, too many people get away with texting and driving and causing crashes.

“Phone records — as I found out the hard way — they’re tough to get [and]

In the next month, New York state lawmakers are expected to vote on a bill that allows police to check a driver’s cellphone with a “textalyzer,” which can tell whether a driver swiped or tapped the phone in the run-up to a crash.

Senate Bill S2306

FBI Paid Almost A Million Dollars To Unlock iPhone

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The United States Federal Bureau of Investigation paid $900,000 to hack the San Bernardino gunman’s iPhone, Senator Dianne Feinstein (D) said this week. n 2016, the FBI contracted an unnamed third-party security firm to unlock the password-protected iPhone 5c of San Bernardino, California shooter Syed Rizwan Farook, who along with his wife killed 14 people in an attack in December 2015.

The Associated Press, Vice Media, and USA Today took the FBI to court over the agency’s nondisclosure, arguing that it had lacked “adequate justification.” FBI director James Comey hinted that the agency paid “more money than he would earn in his remaining seven years on the job” — or roughly least $1.3 million.

Twitch Streamer Gets Swatted Off The Plane

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On Thursday, the relationship between Paul Denino, known as “Ice_Poseidon” online, and his fans got out of hand as he was escorted off of a flight after someone called in a bomb threat in his name. This practice is known as “swatting,” and it’s how malcontents in the gaming community terrorize people they don’t like.

The usual setting for a swatting is someone’s home, so a plane is kind of crazy, although not entirely without precedent. In 2014, Sony Online Entertainment President John Smedley tweeted his flight, and trolls quickly tweeted at the airline saying there was a bomb aboard the flight. The plane was grounded in Phoenix.

German Court Rules for Illegal Downloading- Parents Must Name Their Child Or Else

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A German court has ruled on a 2011 copyright infringement case and the verdict has disturbing consequences for parents. The ruling found that parents must name their child as the one responsible for downloading a torrent or they will be held responsible for the violation.

A series of recent cases have been defining how Germany’s legal system will handle parents who claim their innocence in illegal file-sharing but are being pursued by copyright claimants. The most recent involve a claim brought by Universal Music Group regarding the illegal downloading of Rihanna’s 2011 album Loud. The parents received a notice from Universal demanding payment. The parents said they weren’t really fans of Ri-Ri but one of their three children was responsible. They had no intention of snitching on their own kid and took their case to court.

In October 2016, the same court had to review a similar case in which a man denied pirating files and named his wife as a co-user of the household broadband connection. He refused to provide details his wife’s browsing habits and successfully argued that under German law citizens are protected from violating the privacy of their family.

However, this week’s verdict turned out with a different twist. The parents were found liable for the child’s torrenting and ordered to pay €3,879.80 ($4,137.61) in fines. The court chairman, Wolfgang Büscher, argued that this case “is not comparable” to the one from October because the child had admitted everything to their parents. Since the parents had admitted that they knew which child was responsible but refused to give a name they will have to “bear the corresponding disadvantages.”

This a blow to the parents of torrent-happy children across Germany and follows on the heels of a similar case from earlier in March. In those proceedings, a father claimed that his 11-year-old son had downloaded a book that was the subject of a copyright complaint. He explained that he had warned his son not to “download random things or do anything dangerous,” The judge ruled that the father would have to be held responsible.

Germany is considered one the best countries in the world for internet freedom and the protection of privacy, but very  strict when it comes to the enforcement of copyright

It’s a blow to the parents of torrent-happy children across Germany and follows on the heels of a similar case from earlier in March. In those proceedings, a father claimed that his 11-year-old son had downloaded a book that was the subject of a copyright complaint. He explained that he had warned his son not to “download random things or do anything dangerous,” according to Torrent Freak. A judge ruled that the father is responsible for the download because he is required to “instruct a child on the illegality of participating in illegal file-sharing exchanges, and to explicitly prohibit this behavior.”

 

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