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MySpace agrees to social-networking safety plan
Breaking Legal News |
2008/01/15 05:58
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MySpace, the country’s largest social-networking Web site, has agreed with attorneys general of 49 states to take new steps to protect children from sexual predators on its site. It also agreed to lead a nationwide effort to develop technology to verify the ages and identities of Internet users, officials announced Monday.
The agreement is the latest attempt by law enforcement officials nationwide to shield children from online dangers, including the risk of encountering inappropriate sexual content or receiving sexual advances through sites like MySpace and Facebook. The sites, increasingly popular among college, high school and even younger students, allow any Internet user to create a profile to display personal information and build networks of friends online. Richard Blumenthal, the Connecticut attorney general, announced the deal at a news conference in Midtown Manhattan, along with a MySpace executive and Roy Cooper, the attorney general of North Carolina. Also present were Attorney General Anne Milgram of New Jersey and the attorneys general of Pennsylvania and Ohio. Mr. Blumenthal said the voluntary agreement went further than the one struck in October between New York’s attorney general, Andrew M. Cuomo, and the Facebook Web site. “It’s stronger, broader, a very significant step or even a milestone in making the industry aim higher to keep kids safer,” Mr. Blumenthal said in an interview. He cited steps in the new agreement to separate children’s profiles from those of adults and to seek ways to verify users’ ages — steps that he called for after the Facebook agreement, when he and Mr. Cooper had said that stronger measures were needed. Mr. Cuomo said the MySpace agreement built on Facebook’s acknowledgment that it bore responsibility for protecting users. “The Facebook agreement broke the ice,” he said. The most important new measure, Mr. Blumenthal said, is that MySpace will create and lead a task force to find ways to verify ages and identities online. The task force, which will receive input from competing sites, child protection groups and technology companies, will report back to the attorneys general quarterly and issue recommendations at the end of this year. Facebook, in its agreement with New York prosecutors, promised to respond more speedily to complaints about sexual messages and to warn users in stronger language that the site could not guarantee children’s safety. The new agreement with MySpace, signed by 50 attorneys general — the top prosecutors of the District of Columbia and every state except Texas, includes similar provisions, and more. “This is an industrywide challenge, and we must all work together to create a safer Internet,” Hemanshu Nigam, the chief security officer of MySpace, said in a statement. MySpace, which says it has about 70 million users, agreed to install safeguards that require an adult user to prove that he or she knows a child user in order to contact that child, for instance by typing in an address or phone number. Profiles of users under 18 will automatically be set to “private,” preventing casual browsers from seeing them. |
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High Court Declines Experimental Drugs Case
Breaking Legal News |
2008/01/14 08:48
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The Supreme Court refused Monday to review a ruling that terminally ill patients have no constitutional right to be treated with experimental drugs — even if that means the patient will likely die before the medicine is approved. A federal appeals court, siding with the Food and Drug Administration, last year said the government may deny access to drugs that have not gone through extensive testing and received FDA approval. The process can take years. The Supreme Court did not explain its decision to leave the appeals court ruling undisturbed. Chief Justice John Roberts did not take part in the action. The Abigail Alliance for Better Access to Developmental Drugs and the Washington Legal Foundation sued the FDA in 2003, seeking access for terminally ill patients to drugs that have undergone preliminary safety testing in as few as 20 people but have yet to be approved. Abigail Alliance was created by Frank Burroughs, whose daughter, Abigail, was denied access to experimental cancer drugs and died in 2001. The drug she was seeking was approved years later. The alliance said all it was asking for "is a right for terminally ill patients with no remaining treatment options to fight for their own lives." The FDA said the appeals court was correct and in line with other rulings "that have rejected constitutionally based demands for access to unapproved investigational drugs." The full U.S. Court of Appeals for the District of Columbia Circuit ruled against the alliance after a smaller panel of the same court held that terminally ill patients may not be denied access to potentially lifesaving drugs. The court said patients can access experimental drugs in certain situations and suggested Congress could change the law to broaden such access. |
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US Lawmakers Request Probe into Wealth Funds
Breaking Legal News |
2008/01/11 09:23
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U.S. Senate lawmakers have ordered federal investigators to examine foreign state-run investment funds and whether the much-needed capital infusions being provided to major U.S. banks raises any economic or security concerns.
The Government Accountability Office this week began an investigation into sovereign wealth funds, including the size and types of investments funds are making in U.S. markets, a spokeswoman said.
The probe, which was requested by the Senate Banking, Housing and Urban Affairs Committee, will also examine what oversight - both international and in the U.S. - is conducted on the funds and whether the funds pose a risk to U.S. economic stability.
The state-run funds, primarily those located in Asia and Middle East, have made headlines in recent months by acquiring stakes in major banks such as Merrill Lynch & Co. (MER), Citigroup Inc. (C), and UBS AG (UBS), a major Swiss bank with extensive U.S. operations.
Both Merrill and Citi, which have already received billions in cash infusions from the funds, are currently in talks to receive even more capital from outside investors.
That has raised eyebrows on Capitol Hill, where lawmakers have aggressively scrutinized foreign investments in U.S. companies in recent years. The most notable case involved Dubai-controlled DP World. In 2006, federal approval for the firm to manage six U.S. ports sparked a firestorm of controversy and led lawmakers to pass a law overhauling the review process for foreign investments in the U.S.
The role of sovereign wealth funds has yet to reach the same level of scrutiny as the ports deal, but the GAO investigation could signal lawmakers will focus more attention on the issue when they return to Washington this month.
In addition to the Senate Banking panel, House Financial Services Chairman Barney Frank, D-Mass., is also expected to have his committee conduct oversight hearings on the funds this year.
U.S. lawmakers are not alone. A number of European governments have said they are drafting proposals limiting or blocking foreign state-run investments. |
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Supreme Court to hear Indiana voter ID law
Breaking Legal News |
2008/01/09 07:47
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Democrats and Republicans square off before the Supreme Court Wednesday over a law that requires voters to produce photo identification before they can cast a ballot. The strictest voter ID law in the nation was passed by Indiana's Republican-led legislature on party-line votes and signed by its Republican governor in 2005 as a way to deter voter fraud. The Bush administration supports Indiana's law. Democrats who are challenging the law say it uses prevention of fraud as a pretext to discourage elderly, poor and minority voters — those most likely to lack proper ID and who tend to vote for Democrats. Opponents say there have been no Indiana prosecutions of in-person voter fraud — the kind the law is supposed to prevent. A federal judge who upheld the voter ID law pointed out that opponents were unable to produce evidence of a single, individual Indiana resident who had been barred from voting because of the law. Courts have upheld voter ID laws in Arizona, Georgia and Michigan, but struck down Missouri's. Wednesday's case should be decided by late June, in time for the November 2008 elections. The justices could use the case to instruct courts on how to weigh claims of voter fraud versus those of disenfranchisement. The Supreme Court was bitterly divided, 5-4, in 2000 in Bush v. Gore, the case that clinched the presidential election for George W. Bush. The consolidated cases are Crawford v. Marion County Election Board, 07-21, and Indiana Democratic Party v. Rokita, 07-25. |
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Supreme Court rules against local firm
Breaking Legal News |
2008/01/09 04:48
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A Lapeer County gravel operation lost out to the federal government on Tuesday in a U.S. Supreme Court ruling that could influence thousands of similar cases. In a 7-2 ruling, the justices said Metamora-based John R. Sand & Gravel Co. waited too long to sue the U.S. Environmental Protection Agency for property it seized as a Superfund cleanup site. Justice Stephen Breyer said a federal appeals court was correct in raising the deadline question without being asked to do so by either party, and to rule that the company missed the deadline. In some instances, such as lawsuits against the government, the Supreme Court "has often read the time limits ... as more absolute," Breyer wrote. Justice John Paul Stevens dissented, saying the majority's decision "has a hollow ring" because the court previously had overturned a precedent that it relied on for Tuesday's decision. Justice Ruth Bader Ginsburg joined Stevens in dissent. "We're very disappointed in this ruling," said Jeff Haynes, a Bloomfield Hills attorney who represented the gravel company. The decision ends the company's chances to collect any compensation from the EPA and will prompt other claimants to sue "early and often" to avoid a similar fate, Haynes said. John R. sued the EPA in 2002 after the agency permanently fenced off 40 acres of land the company was leasing from a property owner. Some of the seized property had been used as a municipal dump until about 1980 and was considered a hazardous waste site, although a portion contained clean sand and gravel, Haynes said. The case initially was filed in the U.S. Court of Federal Claims, which hears claims involving the taking of private property without fair compensation. The high court reviewed an appeal panel's finding that the John R. suit was barred by the six-year statue of limitations. The EPA originally agreed that the case had been filed in a timely manner and didn't raise the statute of limitations issue, Haynes said. But companies hired to clean up landfills intervened as friends of the court and raised the jurisdictional question, he said. The appeals panel and the Supreme Court held that the clock started running when the EPA began erecting a series of temporary fences -- not when it permanently seized the 40 acres, Haynes said. The effect of the high court's ruling is that judges at each step in the process will have to rule on time-limit issues in cases brought for money damages against the government, he said. And anyone who wants to sue the federal government for taking private property without compensation will have to bring their claim as early as possible or risk having it tossed out, he said. "We'll have a lot more needless lawsuits because property owners are going to have to protect their rights," Haynes said. The Supreme Court didn't consider whether John R. was entitled to compensation by the EPA. Haynes said the company valued the confiscated land at $8 million, while the EPA valued it at $250,000. |
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High Court to Announce Opinions Tuesday
Breaking Legal News |
2008/01/08 12:54
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Several Supreme Court justices indicated yesterday that it may be difficult for them to definitely answer whether or when lethal injections violate the Constitution's protection from cruel and unusual punishment.
The morning arguments before the court came in a Kentucky case that has led to a halt to executions across the country. A lawyer arguing on behalf of two Kentucky death row inmates told the court that the three-drug protocol used by states and the federal government carries the potential to cause unnecessary and excruciating pain during executions.
"The risk here is real. That is why in the state of Kentucky it is unlawful to euthanize animals in the way it carries out its executions," said Washington lawyer Donald B. Verrilli Jr., who is representing Ralph Baze and Thomas Bowling in the case, Baze v. Rees.
The main problem, the court was told, is the second drug in the sequence, which paralyzes the muscles. If the inmate is not properly anesthetized, the paralytic could mask whether the condemned is in tortuous pain.
Justice John Paul Stevens said he was "deeply troubled" by the use of the second drug, but that there was nothing in the record in the Kentucky case that raised the issue in a way for the Supreme Court to make a definitive ruling. Kentucky, he said, seemed to have done a good job of administering the drugs in the state's only execution by lethal injection.
Justices David Souter and Stephen Breyer also said it might be better to send the case back to lower courts for a comparative analysis of whether the three-drug process carries more risk than an alternative, which uses only a massive dose of a barbiturate. |
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Navy must cut sonar use off California
Breaking Legal News |
2008/01/04 08:33
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A federal judge in Los Angeles on Thursday ordered the toughest set of restrictions ever imposed on the U.S. Navy's use of mid-frequency sonar off the Southern California coast as part of a protracted court battle to protect whales and other marine mammals from underwater sonic blasts. The order was the first time the judge has spelled out specific rules the Navy must follow to avoid a court-imposed ban on training missions with a type of sonar that has been linked to the death and panicked behavior of whales and dolphins.
U.S. District Judge Florence-Marie Cooper ordered the Navy to refrain from using the powerful submarine-hunting sonar within 12 miles of the coast, a corridor heavily used by migrating gray whales, dolphins and other marine mammals.
She also ordered that the Navy spend an hour before it starts any training mission searching for marine mammals in the area and that it continue using shipboard observers and aircraft to monitor for whales and dolphins while the sonar is in use.
If any marine mammals are spotted within 2,200 yards of a ship using sonar, the Navy will have to cease its use immediately.
In her 18-page order, Cooper said the Navy's proposed strategy of slowly reducing sonar power and then shutting it off when whales or dolphins come within 200 yards "is grossly inadequate to protect marine mammals from debilitation levels of sonar exposure."
The judge, who has spent years poring over studies about whale deaths and injuries after Navy exercises, has suggested in her rulings that she wants to balance competing interests of national security and fleet readiness with environmental protections.
She noted that the Navy's own study concluded that upcoming exercises off Southern California "will cause widespread harm to nearly 30 species of marine mammals, including five species of endangered whales and may cause permanent injury and death."
Because scientists have chronicled panicked responses from marine mammals as far as 40 kilometers away, Cooper said the 2,200-yard shutdown requirement "represents a minimal imposition of the Navy's training exercises" while preventing the harshest sonar-related consequences.
Cmdr. Jeff Davis, a Navy spokesman, said the Navy is considering its options.
"Despite the care the court took in crafting its order, we do not believe it struck the right balance between national security and environmental concerns," Davis said.
Davis said the Navy is mostly concerned about having to shut down sonar completely in a safety buffer zone that is far larger than it planned. Defense lawyers argued that the scientific evidence doesn't clearly show such safeguards are necessary.
The Navy has also asserted that some restrictions may hamper its ability to adequately train its sailors in antisubmarine warfare and may put sailors and national security at risk of attack by the quiet diesel-electric submarines operated by some potentially hostile nations in various hot spots around the globe.
Meanwhile, environmental groups and a state official considered the order a victory.
"It's a complete vindication" of the California Coastal Commission's actions, said Peter Douglas, the commission's executive director. "We know there are things that the Navy can do to protect marine mammals while they conduct their exercises, but the Navy refused. The court said, 'No, you have to comply.' "
The Coastal Commission, which has the legal authority to comment on federal activities off the California coast, joined a lawsuit brought by the Natural Resources Defense Council and other environmental groups that have tried to force the Navy to take greater precautions.
"We've said from the beginning that we don't want to stop the Navy from training but substantially increase protections against unnecessary harm to whales and other marine mammals," said Joel Reynolds, a senior attorney with the Natural Resources Defense Council. "This order does that."
In addition to the 12-mile buffer along the coast, the judge forbade the use of mid-frequency active sonar in the Catalina Basin, an underwater canyon between Santa Catalina Island and the Navy-owned San Clemente Island, because it's an area known to have a high density of whales.
But the judge refused to bar the Navy from conducting exercises off the Tanner and Cortez banks, and the Westfall seamount -- undersea mountains that tend to attract whales. Nor would she set any restrictions on operations at night or in the fog or other times of low visibility, when spotting marine mammals may prove difficult.
Instead, she opted for a more rigorous effort to keep watch for whales, including using passive acoustic monitoring to listen for whale clicks, chirps and songs -- especially for those of deep-diving beaked whales, which appear to be particularly sensitive to sonar activities. These mysterious whales have washed ashore injured or dead after naval exercises using mid-frequency sonar in the Bahamas in 2000 and the Canary Islands in 2003.
In August, Cooper issued a temporary injunction banning all training exercises off Southern California waters until she could sort out the merits of the lawsuit. The Navy took the case to the U.S. 9th Circuit Court of Appeals, which instructed Cooper to narrow her injunction to specific safeguards the Navy could adopt to continue its training missions while the legal issues are thrashed out in court. |
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