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Court agrees to take on US-Microsoft dispute over emails
Lawyer News Press |
2017/10/19 19:21
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The Supreme Court agreed Monday to take on a major dispute over the government's authority to force American technology companies to hand over emails and other digital information sought in criminal probes but stored outside the U.S.
The justices intervened in a case of a federal drug trafficking investigation that sought emails that Microsoft keeps on a server in Ireland. The federal appeals court in New York said that the emails are beyond the reach of a search warrant issued by an American judge.
The Trump administration and 33 states told the court that the decision is impeding investigations into terrorism, drug trafficking, fraud and child pornography because other courts are relying on the ruling in preventing U.S. and state authorities from obtaining information kept abroad.
The case is among several legal clashes that Redmond, Washington-based Microsoft and other technology companies have had with the government over questions of digital privacy and authorities' need for information to combat crime and extremism.
Privacy law experts say the companies have been more willing to push back against the government since the leak of classified information detailing America's surveillance programs.
The case also highlights the difficulty that judges face in trying to square decades-old laws with new technological developments. In urging the high court to stay out of the case, Microsoft said Congress needs to bring the law into the age of cloud computing.
In 2013, federal investigators obtained a warrant under a 1986 law for emails from an account they believe was being used in illegal drug transactions as well as identifying information about the user of the email account. |
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Court: State, Not Counties Accountable for Poor School Funds
Lawyer News Press |
2017/09/20 02:40
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A North Carolina appeals court says students and parents still fighting for sufficient school funding decades after they were guaranteed the right to a sound, basic education should make demands of the governor and legislators, not county officials.
A divided state Court of Appeals ruled Tuesday that schoolchildren can't sue Halifax County commissioners over funding for the county's segregated public school districts.
Lawyers say though substandard Halifax County Schools' buildings sometimes force students to walk through sewage to reach their lockers, they get less local tax dollars than the majority white Roanoke Rapids schools.
Judges split 2-1 in ruling that local families should take their problems to Raleigh. The dissenting judge said counties can be sued since the legislature assigned them responsibility for funding buildings and supplies.
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Indian court sentences 2 men to death in 1993 Mumbai blasts
Lawyer News Press |
2017/09/14 02:41
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An Indian court on Thursday sentenced two men to death and two others to life in prison for a series of bombings that killed 257 people in Mumbai in 1993. A fifth man was given 10 years in prison.
The five men were convicted earlier of criminal conspiracy and murder in the planting of 12 powerful bombs in cars, scooters and suitcases around India's financial capital.
The sentencing ended a second trial related to the bombings. An initial trial ended in 2007 with more than 100 people convicted, of whom 11 were sentenced to death and the rest to various terms in prison.
Ujjwal Nikam, the main prosecutor, said he could not ask for a death sentence for Abu Salem, a prime suspect, because he was extradited from Portugal to India in 2005 after the Indian government pledged he would not be given the death penalty, a key requirement in extradition proceedings in Europe.
He fled India after the bombings and was later arrested by police in Portugal.
The Mumbai court sentenced Salem to life in prison after finding him guilty of transporting weapons from Gujarat state to Mumbai ahead of the blasts. These included AK-56 assault rifles, ammunition and hand grenades.
Prosecutors said the bombings were an act of revenge for the 1992 demolition of a 16th century mosque by Hindu nationalists in northern India. That triggered religious riots in parts of India, leaving more than 800 dead, both Hindus and Muslims.
The blasts targeted a number of prominent sites in Mumbai, including the stock exchange, Air India building, hotels, a cinema and shopping bazaars.
Prosecutors said the attack was masterminded by underworld kingpin Dawood Ibrahim. India accuses Pakistan of sheltering Ibrahim, a charge Islamabad denies. India says he has been living in Karachi, Pakistan's financial hub, after fleeing from Mumbai, and has asked Pakistan to hand him over to face trial in India. |
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South Korean court sentences Samsung heir to 5 years prison
Lawyer News Press |
2017/08/28 00:44
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A South Korean court sentenced the billionaire chief of Samsung to five years in prison for crimes that helped topple the country’s president, a stunning downfall that could freeze up decision making at a global electronics powerhouse long run like a monarchy.
The Seoul Central District Court said Friday that Lee Jae-yong, 49, was guilty of offering bribes to Park Geun-hye when she was South Korea’s president, and to Park’s close friend, to get government support for efforts to cement his control over the Samsung empire. The revelations that led to Lee’s arrest in February fed public outrage which contributed to Park’s removal.
A panel of three judges also found Lee guilty of embezzling Samsung funds, hiding assets overseas, concealing profit from criminal acts and perjury. Prosecutors had sought a 12-year prison term.
The court said Lee and Samsung executives who advised him caused “a big negative effect” to South Korean society and its economy.
“The essence of the case is unethical collusion between political power and capital,” the court said in a statement. It led the public to fundamentally question the public nature of the president’s work and to have “mistrust in the morality of the Samsung group,” it said.
The families who control South Korea’s big conglomerates, known as chaebol, were lionized a generation ago for helping to turn South Korea into a manufacturing powerhouse put public tolerance for double standards that put them above the law has been rapidly diminishing.
Analysts said the verdict will not immediately have an impact on Samsung’s business operations, which are overseen by three chief executives. The company has successfully weathered past crises that include two recalls of Galaxy Note 7 smartphones prone to catch fire and Lee’s arrest. It is set to report its highest-ever earnings this year.
But long-term business decisions, such as finding future growth areas and identifying companies for acquisitions, may have to be put on hold.
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Nevada pot regulators back in court as supplies dwindle
Lawyer News Press |
2017/08/17 09:42
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Nevada's marijuana regulators are headed back to court in a turf battle with liquor wholesalers over exclusive rights to distribute pot products to the state's new recreational retailers.
Nevada's Taxation Department says the protracted legal fight has created a delivery bottleneck that's undermining an otherwise robust marijuana industry and the state revenue that comes with it.
Legal sales started with a bang July 1. But Tax Director Deonne Contine (kahn-TEEN') says the tiny distribution network's inability to keep pace with demand is forcing up prices and sending buyers back to the black market.
She says it's also jeopardizing worker safety at dispensaries forced to stockpile supplies and huge amounts of cash to accommodate erratic deliveries.
A Carson City judge plans to hear her request Thursday to lift the latest injunction blocking licenses for anyone other than alcohol distributors.
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