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Posts Tagged ‘Judge’

German Judge Orders Google to Install YouTube Filters

In a provisional victory for musicians, filmmakers and other creators of art and entertainment, a court in Hamburg ordered Google to install filters on its YouTube service in Germany to detect and stop people from gaining access to material for which they do not own the rights. The judge, Heiner Steeneck, agreed in his ruling that Google was not directly responsible for the uploaded material, but he said the company needed to do more to stop violations.

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Don’t Judge Us, Aliens: Facebook Now Has a QR Code on Its Roof

A curious new feature on the roof of a building at 1 Hacker Way. Justin Shaffer/FacebookIf an alien civilization were to gaze upon our planet from space, what would it see? Peaceful oceans, certainly, …

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Judge turns down appeal in credit card fraud

Adetiloye convicted of stealing identities of around 38,000 people.

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Judge halts alleged credit-card scam

A federal judge in Illinois temporarily halted an alleged telemarketing scam in Philadelphia and Jenkintown that defrauded financially strapped consumers of $4.82 million, the Federal Trade Commission said Friday.

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New Zealand judge bails two of Megaupload accused

Two of the four people arrested in New Zealand on the Megaupload case have been released on bail, according to Stuff.

Finn Batato, chief marketing officer at Megaupload, and Bram van der Kolk, programmer, have been granted bail at the North Shore District Court after their hearing yesterday. Judge David McNaughton’s bail decision can be read here in the case of van der Kolk, and here for Batato.

Both men remain in custody until their homes have been determined suitable for electronic monitoring.

Due to late submissions the bail hearing for the third man, Mathias Ortmann, chief technical officer at Megaupload, will continue this afternoon. Judge McNaughton’s registrar says he does not expect a written decision until tomorrow.

Yesterday Kim Dotcom was remanded in custody until February 22, the judge denying him his application for bail. It is expected that an extradition hearing will be held at that time.

Judge McNaughton had reserved his decision since Monday afternoon, when Dotcom’s bail hearing was held. At the hearing, Crown prosecutor Anne Toohey claimed Dotcom posed a “significant” flight risk because of the sums of money available to him.

This was disputed by Dotcom’s lawyer, who told the court his client’s funds had all been seized, and that the media and US government had been ‘misrepresenting’ his client’s business.

Finn Batato, Mathias Ortmann, and Bram van der Kolk face similar charges of copyright infringement, racketeering and money laundering. All four men were arrested on Friday by police who executed provisional arrest warrants requested by the US Department of Justice.

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Judge: Order to Decrypt Laptop Does Not Violate Fifth Amendment

A Colorado judge this week ordered a woman to decrypt her laptop so that law enforcement officials could use the information against her in a pending fraud case.

“I find and conclude that the Fifth Amendment is not implicated by requiring production of the unencrypted contents of the Toshiba Satellite M305 laptop computer,” Judge Robert Blackburn wrote in his decision.

Ramona Camelia Fricosu and her husband, Scott Anthony Whatcott, were indicted last year for preying on people in the Colorado Springs area who were about to lose their homes to foreclosure.

In the course of the investigation, the FBI executed search warrants on Fricosu’s home and seized her Toshiba Satellite M305 laptop, among other devices. Upon inspection, however, they discovered that the device was encrypted, barring the agents access to its contents.

Fricosu has refused to provide the password to her computer, asserting her privilege against self-incrimination under the Fifth Amendment.

In reaching his decision, Judge Blackburn referenced the case of Sebastien Boucher, who was arrested in December 2006 when he and his father tried to cross the Canadian border into Vermont. Border officials found child porn on his computer and confiscated the device, but when they tried to access it later, it was password-protected. By December 2007, a Vermont federal judge ruled that Boucher could not be forced to reveal his computer password and incriminate himself.

On appeal, however, a grand jury required Boucher to produce a decrypted version of his hard drive, not the password. With this workaround, constitutional rights are not violated, the jury found, because the contents of the device “are a foregone conclusion.”

Similarly, investigators in the Fricosu case know that the Toshiba laptop in question contains incriminating evidence, thanks to a taped phone call between Fricosu and her husband, who was incarcerated at the time.

“The uncontroverted evidence demonstrates that Ms. Fricosu acknowledged to Whatcott during their recorded phone conversation that she owned or had such a laptop computer, the contents of which were only accessible by entry of a password,” the judge said.

The government will hand over Fricosu’s laptop to her attorneys by Feb. 6 and she has until Feb. 21 to produce an unencrypted copy of the hard drive.

For more from Chloe, follow her on Twitter @ChloeAlbanesius.

For the top stories in tech, follow us on Twitter at @PCMag.

Article source: http://www.pcmag.com/article2/0,2817,2399291,00.asp?kc=PCRSS05079TX1K0000992

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Judge blocks release of pardoned inmates

By the CNN Wire Staff CNN.com

JACKSON, Miss. — A Mississippi judge Wednesday evening issued a temporary injunction forbidding the release of any more prisoners pardoned or given clemency by outgoing Gov. Haley Barbour, whose actions created an uproar.

The pardons include four convicted murderers and a convicted armed robber who were released Sunday. The five now must contact prison officials on a daily basis as their fate is adjudicated.

The pardons are "a slap in the face to everyone in law enforcement and Gov. Barbour should be ashamed," said state Attorney General Jim Hood.

The process of releasing 21 other inmates has been halted, said Hood, who sought the court order.

A court hearing on the matter will be held January 23.

Hood said Barbour violated Mississippi’s Constitution because the pardon requests for many inmates were not published 30 days before they were granted, as required.

"He’s tried to rule the state like Boss Hogg and he didn’t think the law applied to him," Hood told CNN’s Anderson Cooper on Wednesday night, referring to a character in the 1980s TV series "The Dukes of Hazzard."

"These families are afraid out here," Hood said of relatives of crime victims.

Hinds County Circuit Court Judge Tomie Green issued the injunction, saying it appeared some pardons, including those for the four murderers, did not meet the 30-day requirement. Any inmates released in the future must meet the standard, Green ruled.

On his way out the door, the Republican governor approved full pardons for nearly 200 people, including 14 convicted murderers, according to documents the Mississippi secretary of state’s office released Tuesday.

The four murderers who received full pardons last week — David Gatlin, Joseph Ozment, Charles Hooker and Anthony McCray — were cited in Green’s order.

They were all serving life sentences and worked as inmate trusties at the governor’s mansion, said Suzanne Singletary, spokeswoman for the Mississippi Department of Corrections. Trusties are inmates who can receive additional rights through good behavior.

Hood told "AC360" it’s possible that those who didn’t meet the 30-days requirement may have to return to prison and complete their sentences.

Barbour said Wednesday that some people misunderstand the clemency process and believe that most of the individuals were still jailed.

"Approximately 90 percent of these individuals were no longer in custody, and a majority of them had been out for years," he said in a statement.

"The pardons were intended to allow them to find gainful employment or acquire professional licenses as well as hunt and vote. My decision about clemency was based upon the recommendation of the Parole Board in more than 90 percent of the cases," Barbour wrote. "The 26 people released from custody due to clemency is just slightly more than one-tenth of 1 percent of those incarcerated."

Half of the people who were released were placed on indefinite suspension "due to (chronic) medical reasons because their health care expenses were costing the state so much money," Barbour said.

Hood said he is questioning the release of many of the 175 individuals who received full pardons.

Barbour’s full pardon of Gatlin has intensified fears that the man will try "to finish what he started," one of his surviving victims said.

"I feel like my safety is in jeopardy," Randy Walker, who was shot and wounded by Gatlin, said Wednesday. "I wonder if he’s going to finish what he’s started."

Gatlin walked into a trailer in 1993 where his estranged wife, Tammy Ellis, lived and shot her in the head as she held her 6-week-old baby in her arms. Walker, the woman’s friend, survived a gunshot wound to the head. Gatlin was convicted of murder, aggravated assault and burglary of a residence.

Speaking in an interview with CNN’s Soledad O’Brien, Walker and Tiffany Ellis Brewer, Tammy’s sister, expressed concerns about the release and fears that Gatlin may intend to target them.

"I’m married and have a family again," Walker said. "I feel the safety for them is an issue. Anybody that might be with me at the time that he decides to do something would be in jeopardy."

Gatlin’s pardon also raised concerns from John Kitchens, the prosecutor who saw him sent to prison.

"Haley Barbour is insane for granting a pardon to this criminal," said Kitchens, who is now in private practice.

Brewer said Barbour — who left office this week — hasn’t responded to questions about the pardon.

"He will not comment on anything. We have no answers as to why he has done this. I would like to think he did not have all of the facts of the case, if he did have all the facts," she said.

"Apparently, we haven’t had a really good man for our governor."

Barbour’s successor, Phil Bryant, was inaugurated Tuesday.

Brewer shared the fears of those families watching convicted killers of their loved ones get blanket pardons and go free.

"I’m sure that they feel basically the same way as Randy and I do. We’re both fearful for our lives, our families’ lives, and we will live with this for the rest of our lives," she said.

Gatlin’s whereabouts were unknown late Wednesday.

Barbour, who served eight years in office, had previously granted full pardons to three other convicted killers in 2008. Another three were awarded conditional or indefinite releases during his time in office — meaning the governor, in total, granted reprieves to 20 convicted murderers, the documents showed.

Since the conservative governor took office in 2004, 222 people were granted clemency for a wide variety of crimes. Those who have been granted full pardons include shoplifters, rapists, burglars and embezzlers.

There were also a number who were found guilty of either manslaughter or homicide, who were given unconditional pardons.

Copyright 2012 Cable News Network

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Federal Judge Says No Warrant Needed for GPS Tracking (January 3, 2012)

A US federal judge in Missouri has ruled that a warrant was not needed for the FBI to surreptitiously affix a GPS device to a suspect’s automobile to track his location for two months…….

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Judge: Jail death video should be training tool

Event Date: Wed, 21 Dec 2011 16:14:03 GMT
Author: Ryan Smith
CBCEDMONTON — An Alberta judge is recommending a holding-cell video which records the death of a man from alcohol poisoning be used to train RCMP recruits.The training video would help officers decide when an intoxicated prisoner needs medical help, wrote provincial court Judge William Andreassen in his fatality inquiry report Monday.Sylvester Omeasoo, 47, died in an RCMP holding cell three years …

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HTCS1: The alleged celebrity hacker faced a judge this week. What happened? Read more at http://t.co/L3WnDnwL

HTCS1: The alleged celebrity hacker faced a judge this week. What happened? Read more at http://t.co/L3WnDnwL

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