July 28th, 2010
Federal prosecutors have subpoenaed records from a lawsuit filed by Texas company pertaining to allegations of the use of performance enhancing drugs. The story appears in today’s Austin American-Statesman here. The investigation by federal authorities is located in Los Angeles, but records are being sought from around the country.
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July 13th, 2010
In a blatant violation of attorney-client privilege, a lawyer consulted by Lindsey Lohan aired some of her dirty laundry in People Magazine. To be clear, ANY communication with an attorney that you MAY hire is confidential and privileged. The lawyer cannot divulge the substance of the communication without consent from the prospective client. The lawyer cannot divulge information learned during the course of the representation or consultation, without regard to whether the information is “public knowledge.”
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July 12th, 2010
We’ve all gotten used to typing out the funky words that appear in funky script (e.g., THARN NASES, or some-such nonsense). It’s designed to keep people from using computer programs to execute mass actions, like ticket purchases or posts to blogs. Some ticketing agents in New Jersey are being prosecuted for having a computer program do that very thing. That’s right: PROSECUTED. Not, sued. PROSECUTED. On behalf of all of us, the citizens of the Republic.
Threat Level, an on-line section of Wired Magazine that tackles tech and security issues leads its post this way:
“Prosecutors in a New Jersey ticket scalping case are pushing the envelope on the federal computer hacking law, setting a precedent that could make it a felony to violate a website’s terms of service and fool a CAPTCHA, according to electronic civil rights groups intervening in the case.”
As with many white collar prosecutions, the line between criminal and civil misconduct become blurred. In this case, critics fear that a website proprietor could define criminal conduct merely by defining terms in its terms of service.
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July 10th, 2010
As I’ve written about on this blog and elsewhere for years, our enforcement of DWI laws in Texas is broken. State lawmakers are now reconsidering many aspects of our Driver Responsibility Program and its implications for Texas Citizens, reports the San Antonio Express-News . The Austin American-Statesman has published an editorial calling for a treatment based approach.
The county courts are bursting at the seams; the prosecutors face tough choices on the allocation of resources; MADD doesn’t like protections afforded by the Constitution and the legislature is going to consider cutting a revenue stream. Some people are going to be mighty uncomfortable on this one.
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July 8th, 2010
Boy, that was fast. The ten people accused of being Russian spies have plead guilty in Federal Court in New York City, reports the BBC. A spy-swap seems eminent; I don’t expect that the District Judge will order a Pre-Sentence Investigation. The eleventh alleged spy made his getaway after being arrested in Cyprus.
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July 7th, 2010
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July 7th, 2010
The Austin American-Statesman reports that the legislature may revisit the usefulness of the State Jail system that houses some of the state’s non-violent, felony offenders. Recidivism concerns for these individuals are feuling the concerns.
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July 6th, 2010
ABC News reports that social networking cites are being targeted with child pornography. The upshot, don’t forward the link, you could be committing a federal crime that carries a minimum of ten years in the federal pen. Report the offensive and illegal materials to the local F.B.I.
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July 6th, 2010
The ACLU has filed a lawsuit challenging the federal government’s ability to keep people from flying into and out of the country, and seeks to test the limits of this federal power. Threat Level, a feed from WIRED magazine’s website details the story here. Ten U.S. Citizens or residents are in a legal no-man’s land that the fly list (which may or may not exist.
The ACLU’s thoughts on the subject can be found here.
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July 6th, 2010
It’s always interesting when two or more legal theories crash into each other in our courtrooms. A death row inmate claims that the State improperly used evidence of his devil worship as punishment evidence.
The Austin American-Statesman reports.
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