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Court Rules for Expectation of Privacy in E-mail
Practice Focuses | 2007/06/21 07:12

The 6th U.S. Circuit Court of Appeals ruled Monday that the government must have a search warrant before it can secretly seize and search stored e-mails. People that use e-mail as a form of communication have a reasonable expectation of privacy. Although surveillance of in-transit e-mails is prohibited, the government has been using the Stored Communications Act (SCA) to search stored e-mails without having to use a warrant. This week the appeals court found that the act violated the Fourth Amendment of the Constitution.

"It goes without saying that like the telephone earlier in our history, e-mail is an ever-increasing mode of private communication, and protecting shared communications through this medium is as important to Fourth Amendment principles today as protecting telephone conversations has been in past," the appeals court said.

Steven Warshak, owner and president of Berkeley Premium Nutraceuticals, brought the case against the government to stop investigators from searching his stored e-mails using the SCA. The district court ruled in favor of Warshak, and the government appealed the ruling to the 6th Circuit, where they were ultimately defeated.

Warshak is in the middle of a fraud investigation. He has pleaded not guilty to charges that he and his business defrauded customers and banks out of at least $100 million in a scheme where they billed credit cards without authorization.



US chief negotiator on surprise NKorea visit
International | 2007/06/21 07:06

US negotiator Christopher Hill flew to North Korea at its invitation Thursday to push for swift progress on nuclear disarmament, but a Pyongyang official in Vienna hinted at a delay. Hill's mission, the highest-level US visit for nearly five years, follows an apparent breakthrough in implementing a February deal to scrap the communist nation's nuclear programmes. He has said that a row which had blocked progress for months, about North Korean funds frozen in a Macau bank under US-instigated sanctions, has been settled.

An International Atomic Energy Agency (IAEA) delegation plans to visit Pyongyang next week to discuss procedures for shutting down the North's Yongbyon reactor, which produces the raw material for bomb-making plutonium.

But a North Korean official in Vienna, where the UN nuclear watchdog is based, said his country had not yet given the formal go-ahead for the visit.

"The visit date of the delegation is not confirmed because the release of the frozen funds of DPRK (North Korea) at Banco Delta Asia in Macau has not been completed," embassy spokesman Hyon Yong-Man told reporters.

"Our side already informed the IAEA that we have no objections for the agency to prepare the visit as planned, but we are not ready to give our official confirmation for the scheduled visit of the agency due to the only reason of unfinished remittance."

The comments cast a cloud over apparent swift progress since Pyongyang said last Saturday the unfreezing of the funds "has reached its final phase," and invited an IAEA team to visit at an unspecified date.

The US envoy, arriving at the airport in steady rain, said his aim was to get the six-party talks process moving. The forum grouping the two Koreas, China, Russia, Japan and the United States reached a disarmament deal on February 13 but the cash row blocked any progress.

"We hope we can make up for some time we lost this spring," he said after being greeted by a smiling Ri Gun, director of the foreign ministry's America bureau.

China said its Foreign Minister Yang Jiechi would visit Pyongyang on July 2-4, with nuclear disarmament on the agenda. It described Hill's visit as positive.

"We hope it will be conducive to implementing the initial actions (of the February accord) and be of benefit to improving relations between North Korea and the US," said foreign ministry spokesman Qin Gang.

Choson Sinbo, a pro-North Korean newspaper published in Tokyo which often reflects official thinking, said the disarmament process may now speed up "if the US and the DPRK (North Korea) continue to build up mutual trust."

South Korea's foreign ministry said Hill would meet counterpart Kim Kye-Gwan, who extended the invitation, and vice foreign minister Kang Sok-Ju, who is close to reclusive leader Kim Jong-Il.

It said they would discuss a "road map" on implementing the February deal and the normalisation of bilateral relations.

The US State Department said Hill would leave Friday. He was to return to South Korea and go on to Tokyo on his way home.

In the February deal, the North agreed to disable its nuclear programmes in exchange for major aid and diplomatic benefits, including a possible normalisation of relations with Washington.

The pact followed a surge in tensions after the North carried out its first nuclear weapons test last October.

Four IAEA officials arrived in South Korea Thursday to discuss the mission scheduled for next week. A follow-up team will be sent to North Korea within weeks to verify the actual shutdown if it goes ahead.

It will be the inspectors' first visit since they were kicked out in late 2002.

Hill's trip is the first to North Korea by a top State Department official since October 2002, when his predecessor James Kelly confronted the North with alleged evidence of a secret nuclear programme using highly enriched uranium.

That accusation, and the North's denial, triggered off the latest nuclear crisis and the collapse of a 1994 bilateral denuclearisation accord.



Bush Remarks on Stem Cell Research
Political and Legal | 2007/06/21 07:04

Text of President Bush's remarks on stem cell research Wednesday, as transcribed by CQ Transcriptions.America is a nation that leads the world in science and technology. Our innovative spirit is making possible incredible advances in medicine that could save lives and cure diseases.America is also a nation founded on the principle that all human life is sacred. And our conscience calls us to pursue the possibilities of science in a manner that respects human dignity and upholds our moral values.

I appreciate the fact that we're joined by a lot of folks who share the deep desire to advance science and at the same time uphold our moral values.

I appreciate the fact that Mike Leavitt's here, secretary of the Department of Health and Human Services.

I want to thank the members of the United States Congress and Senate who have joined us. Thank you for taking your time to be here on this important announcement today.

I'm joined on stage by two good docs, really smart, capable people: Dr. Bill Hurlbut, professor of Stanford University Medical Center, Dr. Don Landry, professor at Columbia University Department of Medicine. Actually, he's the chairman of the department.

The reason they're here is these are brilliant biologists who are seeking new ways to develop stem cell lines without violating human life. And these are smart folks, and I cannot thank them enough for coming to Oval Office to share with me their wisdom and their _ and their vision.

I'm also up here with Carol Franz. She has whipped cancer twice by using stem cell _ adult stem cells. In other words, adult stem cells have saved her life.

She's a determined woman who believes strongly that there are different alternatives available to use stem cells other than that _ those which are created as the result of destruction of human life.

And finally, I'm up here with the McNamara family. Kaitlyne is with us. I'm going to talk about her in a second.

I do want to thank the other stem cell patients and researchers and advocates who are here with us today. If you're not in any of those categories, you're welcome, too.

In 2001, I announced a policy to advance stem cell research in a way that is ambitious, ethical and effective. I became the first president to make federal funds available for embryonic stem cell research, and my policy did this in ways that would not encourage the destruction of embryos.

Since then, my administration has made more than $130 million available for research on stem cell lines derived from embryos that had already been destroyed. We provided more than $3 billion for research on all forms of stem cells, including those from adult and other non-embryonic sources.

This careful approach is producing results. It has contributed to proven therapeutic treatments in thousands of patients with many different diseases. It's opening the prospect of new discoveries that could transform lives.

Congress has sent me a bill that would overturn this policy. If this legislation became law, it would compel American taxpayers for the first time in our history to support the deliberate destruction of human embryos.

I made it clear to Congress and to the American people that I will not allow our nation to cross this moral line.

Last year, Congress passed a similar bill. I kept my promise by vetoing it. And today I'm keeping my word again: I'm vetoing the bill that Congress has sent.

Destroying human life in the hopes of saving human life is not ethical. And it is not the only option before us.

We're already seeing remarkable advances in science and therapeutic uses of stem cells drawn from adults and children and the blood from umbilical cords with no harm to the donor.

Researchers value embryonic stem cells because they are pluripotent, which means that they have the potential to develop into nearly all the cell types and tissues in the body. Researchers are now developing promising new techniques that offer the potential for new pluripotent stem cells without having to destroy human life.

For example, several new studies released earlier this month showed the potential of reprogramming adult cells, such as skin cells, to make them function like embryonic stem cells.

It's exciting new research taking place in the United States of America.

Scientists from all over the country hail this as an important breakthrough. And I'm pleased to report to you that my administration and the NIH helped fund this exciting work.

The taxpayers' dollars are going to new kinds of therapies, new kinds of science, new kinds of work that do not cross a moral and ethical line.

A few months earlier, scientists discovered that cells extracted from amniotic fluid and placentas could also provide stem cells that seem to do what embryonic cells can.

Still other researchers are investigating how to combine reprogramming and other innovative techniques to produce stem cells with the abilities of embryonic stem cells, without creating or destroying embryos.

There's a lot of interesting work going on that's ethical and moral.

Scientists are exploring ways to collect stem cells in the same manner that doctors now rescue organs from patients who have died.

With us today are patients who are benefiting from ethical stem cell research, including Kaitlyne McNamara.

Kaitlyne was born with spina bifida, a disease that damaged her bladder. None of the treatments her doctor tried had worked. She was in danger of kidney failure.

Then her doctors took a piece of her bladder, isolated the healthy stem cells, and used them to grow a new bladder in a laboratory, which they then transplanted into her. And here she stands, healthy.

Scientific advances like this one are important and should give us hope that there's a better way forward than scientific advances that require the destruction of a human life.

The researchers pursuing these kinds of ethically responsible advances deserve our support. And there is legislation in Congress to give them that support.

Recently, the United States Senate passed a bill, sponsored by Norm Coleman and others, that would authorize additional federal funding for alternative stem cell research. The bill was approved with the backing of 70 United States senators.

The House leaders need to pass similar legislation that would authorize additional funds for ethical stem cell research. It would be an important advancement. It would be an important statement, because we can't lose the opportunity to conduct research that would give hope to those suffering from terrible diseases and help this country move beyond the controversies over embryo destruction.

We have a good chance to put aside all the politics, focus on a good piece of legislation that advances science and doesn't cross an ethical line.

Norm, I want to thank you and Johnny Isakson for sponsoring that piece of legislation.

In the meantime, my administration is taking immediate action to increase our support for researchers and their vital work. Earlier today, I issued an executive order to strengthen our nation's commitment to research on pluripotent stem cells.

This order takes a number of important steps.

The order directs the Department of Health and Human Services and the NIH to ensure that any human pluripotent stem cell lines produced in ways that do not create, destroy or harm human embryos will be eligible for federal funding.

The order expands the NIH embryonic stem cell registry to include all types of ethically produced human pluripotent stem cells.

The order renames the registry, calls it this: the Pluripotent Stem Cell Registry. So it reflects what stem cells can do, instead of where they come from.

The order invites scientists to work with the NIH so we can add new ethically derived stem cell lines to the list of those eligible for federal funding.

Direct Secretary Leavitt to conduct an assessment of what resources will be necessary to support this important new research. This science that does not cross ethical lines requires money. I believe it is a good use of taxpayers' money to spend money on this kind of science and research, and Michael's going to expedite it. That's what that means: That's a fancy paragraph for saying he's going to get it done.

With these steps, we'll encourage scientists to expand the frontiers of stem cell research. We want to encourage science. We want to say, 'We stand on your side in an ethically responsible way.'

Scientists have recently shown they have the ingenuity and skill to pursue the potential benefits of pluripotent stem cell research. Here's two of them right here. That's why they're standing here; they have showed what's possible. I have confidence in their abilities to continue to develop new techniques.

With our expanded support of nondestructive research methods, we will make it more likely that these exciting advances continue to unfold.

Technical innovation in this difficult area is opening up new possibilities for progress without conflict or ethical controversy. So I invite policymakers and scientists to come together to speed our nation toward the destination we all seek, where medical problems can be solved without compromising either the high aims of science or the sanctity of human life.

Thank you all for coming. May God bless.



Ray-Ban maker Luxottica to buy Oakley for $2.1B
World Business News | 2007/06/21 05:03

Luxottica Group (LUX), the world's biggest eyewear maker, says it will buy U.S. sunglasses maker Oakley in an all-cash deal worth about $2.1 billion.
Luxottica, an Italian company whose many brands include Ray-Ban, chanel and Prada, said the combination would offer economies of scale and an opportunity to create new eyewear categories.

Luxottica will buy all the outstanding shares of Oakley for $29.30 a share, the companies said in a joint statement.

The offer represents a 16% premium to Oakley's Wednesday close of $25.23 on the New York Stock Exchange.

Luxottica, based in Milan, expects the deal to lead to savings of about 100 million euros ($134 million) over the next three years. It will pay for the deal from operating cash flow, available credit, and credit facilities to be available at the closing.

The deal has been unanimously approved by both boards of directors, and the companies expect the deal to close in the second half.

Oakley, based in Foothill Ranch, Calif., has been scaling back its apparel and footwear lines, while beefing up its optics portfolio. This year it bought Eyewear Safety Systems, a company that supplies protective eyewear to the military, law enforcement and firefighters.

Last year, Oakley bought luxury brand Oliver Peoples and retail chain The Optical Shop of Aspen, while launching a women's optical line.

Jim Jannard, Oakley's chairman and founder, said, "Oakley will continue to be Oakley but with much greater resources and a platform for realizing the true potential of our brand and company."



Egypt Trying to Avoid Policy Clash With US
International | 2007/06/21 03:02

Egypt, a key U.S. ally in the Middle East, is trying to avoid clashing with Washington over its very different approach to dealing with the Hamas takeover of the Gaza Strip, an Israeli expert said here on Thursday.

Egyptian President Hosni Mubarak is hosting a summit between Israeli Prime Minister Ehud Olmert and Palestinian Authority Chairman Mahmoud Abbas on Monday. Jordan's King Abdullah II will be there as well.

But Mubarak is seeking a different outcome than the one discussed earlier this week between Olmert and President Bush, said Dr. Yoram Meital, chairman of the Chaim Herzog Center for Middle East Studies and Diplomacy at Ben-Gurion University of the Negev.

President Bush and Olmert met this week and reiterated their support for Palestinian Authority Chairman Mahmoud Abbas, his Fatah faction and the new government Abbas installed following the violent Hamas takeover of the Gaza Strip last week.

Olmert has described the Hamas takeover as a "new opportunity" for Israel to engage in peace negotiations with Abbas while isolating Hamas.

"Egypt is not speaking the same language as Israel and the U.S.," Meital said in Jerusalem on Thursday.



Legal Veteran Griffee Joins East Memphis Law Firm
Legal Careers News | 2007/06/21 02:19

Mark Griffee recently was named a shareholder of Black McLaren Jones Ryland & Griffee PC. With nearly 30 years of experience practicing law, Griffee concentrates his practice in civil litigation, including personal injury, workers' compensation, insurance defense and coverage analysis. Griffee has been listed for 10 years as a Tennessee Supreme Court Rule 31 mediator in civil cases and serves on the mediation panel of the U.S. District Court for the Western District of Tennessee. He is rated AV in the Martindale-Hubbell Peer Review, the highest level of professional excellence. Griffee was a member of Glankler Brown PLLC for 27 years until he joined Black McLaren Jones Ryland & Griffee last month.

During his time at Glankler Brown, and in addition to his civil litigation practice, he represented local government and private business entities as well as home health agencies and medical provider groups.



US Cracking Down on Global IP Theft
Intellectual Property | 2007/06/20 11:53

The Federal Bureau of Investigation and law enforcement from 10 other countries conducted over 90 searches worldwide as part of "Operation Site Down," designed to disrupt and dismantle many of the leading criminal organizations that illegally distribute and trade in copyrighted software, movies, music, and games on the Internet.

Operation Site Down is the culmination of three separate undercover investigations conducted by the FBI. In the past 24 hours, more than 70 searches were executed in the United States, and more than 20 overseas. Four individuals were arrested in the United States, and searches and/or arrests occurred in the following 10 countries: Canada, Israel, France, Belgium, Denmark, the Netherlands, United Kingdom, Germany, Portugal and Australia. At least eight major online distribution sites were dismantled, preventing tens of millions of further losses to the content industry. More than 120 leading members of the organized online piracy underground were identified by the investigation to date, and as the investigations continue, additional targets will be identified and pursued.

"The theft of this property strikes at the heart of America's economy," said FBI Assistant Director Louis M. Reigel. "It deprives many Americans and others around the globe of their right to be paid for their labor and enjoy the value of their hard work."

In addition to attacking piracy globally, Operation Site Down struck at all facets of the illegal software, game, movie, and music trade online, which is commonly referred to as the "warez scene."

The investigations focused on individuals and organizations that were the "first-providers" of copyrighted works to the warez underground - the so-called "release" groups that operated as the original sources for a majority of the pirated works distributed and downloaded via the Internet. Once a warez release group prepares a stolen work for distribution, the material is distributed in minutes to secure, top-level warez servers throughout the world. From there, within a matter of hours, the pirated works are distributed globally, filtering down to peer-to-peer and other public file sharing networks accessible to anyone with Internet access.

The release groups targeted by Site Down specialize in the distribution of all types of pirated works including utility and application software, movies, music, and games. Among the warez groups hit yesterday are: RiSCISO, Myth, TDA, LND, Goodfellaz, Hoodlum, Vengeance, Centropy, Wasted Time, Paranoid, Corrupt, Gamerz, AdmitONE, Hellbound, KGS, BBX, KHG, NOX, NFR, CDZ, TUN, and BHP. These groups alone are allegedly responsible for stealing, cracking and distributing hundreds of well-known titles, such as Autodesk's Autocad 2006, Adobe's Photoshop, and the movies "Star Wars Episode III: Revenge of the Sith" and "Mr. and Mrs. Smith." Operation Site Down is expected to dismantle many of these international warez syndicates and significantly disrupt the illicit operations of others.

Conservative estimates of the value of pirated works seized in yesterday's action exceed $50 million, which is only a fraction of the losses attributable to the online distribution hubs also seized in this operation. Top-level release groups like those targeted in the operation are primary suppliers to the for-profit criminal distribution networks that cost the copyright industry billions of dollars each year. Illegal warez copies of titles such as Autocad 2006 and "Mr. and Mrs. Smith" are easily and cheaply converted to optical discs and distributed throughout the world from factories in Asia and elsewhere. Spammers regularly advertise cheap software that can be downloaded from websites or shipped from overseas, usually bearing the signature mark of the warez group that released it.

Operation Site Down comprises three separate FBI undercover investigations run by the FBI field divisions in Charlotte, North Carolina; Chicago, Illinois; and San Francisco, California. The U.S. Attorney's Offices in San Francisco, Charlotte and Chicago assisted in the investigations and a majority of the domestic targets will be prosecuted in those districts. The Justice Department's Computer Crime and Intellectual Property Section also assisted in the investigations and led the coordination of foreign enforcement actions in 10 countries.

Operation Site Down is the latest in a series of actions taken by the Department of Justice to crackdown on illegal online piracy. In the past four years, beginning with Operation Buccaneer in 2001 through Operation Fastlink in 2004, the Department has prosecuted a number of international investigations into these top piracy organizations.

In March 2004, as part of the Administration's Strategy Targeting Organized Piracy (STOP!) Initiative, the Department established the Task Force on Intellectual Property to address the increasing problem of intellectual property theft.

The Task Force examined how the Department protects intellectual property through criminal, civil and antitrust enforcement, legislative proposals, international coordination, and prevention. A report issued by the Task Force in October 2004 recommended comprehensive improvements in the Department's overall efforts, many of which have already been implemented. One of those recommendations was to continue the Department's strategy of dismantling and prosecuting multi-district and international criminal organizations that commit intellectual property crimes. Operation Site Down represents the Department's continued effort to pursue this strategy.



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