Category: Law

Read More

Single Sourcing Is the Source of News Evil

I am mortified by lazy reporting this morning. I’ve been looking over stories about Verizon requesting a California judge reject Apple’s request to bar numerous Galaxy-branded smartphones or tablets from selling in the United States. I have yet to find one story that cites the original source—Verizon’s filing. They all instead refer to a FOSS Patents blog post. According to the court calendar, a motion hearing is scheduled for October 13 (I looked).

FOSS Patents is not credible-enough source, because its story on this topic, as with others, is generally one person’s perspective. More importantly, in this case, original source material should be available through the court’s PACER system, which is where I assume FOSS got the Verizon filing (I don’t know).

Read More

Editors Shrewdly Handled Gizmodo-iPhone Drama Act II

The toughest challenge for any newsroom is being the story. How should editors report about the news when they’re it, particularly if there are legal matters? That’s exactly Gizmodo‘s situation, following a Friday night police raid of editor Jason Chen’s home. Gizmodo waited until Monday to post about the search and seizure of items from Jason’s home, which included four computers and two servers. Gizmodo has responded tactfully from editorial and legal perspectives.

Read More

Shield Laws Protect Sources

There seems to be a fundamental misunderstanding among many bloggers, journalists and the general public about the purpose of shield laws. They are not meant to protect journalists. The laws exist to protect journalists’ sources. The shield extends to journalists so they can’t be forced to reveal confidential sources or to have information about their sources forcibly seized.

Read More

We Should Do Something

Each year, Kensington, Md., holds an annual Labor Day parade. For pictures I took last year, I held back one of the best: A very young girl sitting next to an American flag. Her facial expression and composition evoked the patriotic sentiments of the day. But her tank top had partially fallen down to reveal a nipple. As much as I liked the image, I kept it from my online collection of the day. I know that out there, scouring the Internet, are pedophiles that get off on pictures of kids.

Millions of people use the internet each day to watch adult pornography which is perfectly legal, and because it’s so popular more and more free porn sites are now available ones like hdsexvideo, unfortunately there are those that use the internet for darker purposes and troll through social media sites looking for pictures of kids. You might think that posting a picture of your kid taking a bath on facebook is completely innocent and to you and many others it is, but there are some out there that if they saw that picture would look at it in the same way as a normal adult would look at a picture of a naked woman or man, you don’t want to think that there are people out there looking at a picture of your kid in a sexual way but unfortunately that’s the hard truth these days.

Today’s New York Times story “Using Nearly Nude Pictures, Child Sex Sites Test Laws” takes a stark look at this dark underworld of online predators. But the predators aren’t just pedophiles. The story looks at the lurid world of child modeling, which pictures skirt the definition of child pornography.

Read More

Immigration Case Study

I am a vocal opponent to the Bush Administration plans to turn illegal immigrants into felons. I got to see another administration’s immigration policy in action today.

I’m out of town on business. On the way from the airport the car driver and I got to talking. He’s from Mexico City and has lived in the US for over 20 years. Looks like, at one time, he was an illegal immigrant. He came here as a tourist and never returned. Immigration Reform and Control Act of 1986 granted amnesty that allowed this guy to stay in the country and get out of the factory and do better work. 

Read More

I Don't See the Justification

Yesterday’s SouthCoastToday.com story about a student’s investigation by the Department of Homeland Security is breath stopping. Apparently, the “senior at UMass Dartmouth was visited by federal agents two months ago, after he requested a copy of Mao Tse-Tung’s tome on Communism called The Little Red Book“. I have to admit that Mao’s communist manifesto wouldn’t be on my reading list, but like this kid I probably would want it for research on a college paper about communism.

Cold War is over, right? The war on terror is against Muslim extremists. Right? Last I checked, Muslim extremism doesn’t have much in common with atheistic communism. So why is a kid filling out a university library book request on communism, “leaving his name, address, phone number, and Social Security number” getting “visited at his parents’ home in New Bedford by two agents of the Department of Homeland Security?” And I have to ask: The Feds are monitoring library book requests now? 

Read More

Judge Cracks the Whip

Seeing as I covered Microsoft’s antitrust trial for about five years, when I worked as a reporter, new developments interest me. According to a Computerworld story, U.S. District Judge Colleen Kollar-Kotelly cracked the whip across Microsoft’s back.

Biggest problem: Compliance with a portion of the antitrust settlement for disclosing communications protocols, which have been a contentious issue since Microsoft agreed to disclose them; and it seems to me the company really doesn’t really want to comply with this portion of the settlement. I should point out that inclusion of the protocol licensing in the settlement wooed as many as half the 18 state litigants to join the Justice Department’s agreement.