Law Enforcement


Privacy, Forget It

The US National Security Agency apparently played a major role in the arrest of 9 folks in Britain and 1 in Canada on charges of planning a terrorist act and belonging to a terrorist group. The key: an intercepted email message:

“That’s the first admission I’ve actually seen that they actually monitor Internet traffic. I assumed they did, but no one ever admitted it,” Mr. Farber said.
Officials at the NSA could not be reached for comment. But U.S. authorities are uniquely positioned to monitor international Internet and telecommunications traffic because many of the world’s international gateways are located in their country. And once that electronic traffic touches an American computer — an e-mail message, a request for a website or an Internet-based phone call, for instance — it is routinely monitored by NSA spies.
“Foreign traffic that comes through the U.S. is subject to U.S. laws, and the NSA has a perfect right to monitor all Internet traffic,” said Mr. Farber, who has also been a technical adviser to the U.S. Federal Communications Commission.

Uhhh, no they do not have that right and to the extent that there are laws allowing this behavior they need to be severly curtailed if not eliminated. There is too great an opportunity for abuse and, at minimum, these searches should not be allowed without probable cause. This does not appear to be the case at NSA.
Frankly, I would have expected Farber, who sits on the board of the Electronic Frontier Foundation to express a little more concern about this.


Watching for Sign

Hmmm…perhaps the DA will be watching Tyco jurer #4 for signs of ill earned income. The Talking Dog suggests that there might be reason:

Dennis Koslowski and Mark Swartz of the Tyco Corporation, who bought themselves a mistrial today after 11 unfruitful days of jury deliberations. And when I say bought a mistrial, let me just say I mean EXACTLY that– “J’Accuse”, and leave it at that.=; Juror No. 4, a 60-something retired schoolteacher who went to law school in her 50’s, flashed the “OK” sign to the defense table, to signify that the brown paper bag arrived where it was supposed to (this is all on information and belief, and IMHO; I have no idea HOW Koslowski and company managed to get the juror to side with them– maybe they even did it with their case;…

Thieves of all kinds need to spend their time in jail and pay back their victims. Too bad these guys probably won’t live long enough to make restitution…it’d take more then a few life times to earn the $600,000,000 legitimately.


Lucky Family

These folks are lucky that they did not end up on this list (via Say Uncle).
Wash too many clothes and expect a visit from the police. Radley asks:

And is anyone else troubled by the fact that cops are permitted to comb utilities records for suspiciously high electric bills? What other records are they allowed access to? Can they look through your cable bill to see what pay-per-view movies you’re ordeing?

It seems to me that we should be more then troubled. How many more have to die before enough folks will stand up and say no?


Maximizing Government Revenue

Yet another novel approach to funding government:

On Tuesday, Blunkett will fight in the Royal Courts of Justice in London for the right to charge victims of miscarriages of justice more than �3000 for every year they spent in jail while wrongly convicted. The logic is that the innocent man shouldn�t have been in prison eating free porridge and sleeping for nothing under regulation grey blankets.

I’m kind of surprised he doesn’t want to charge these unlucky folks the full cost plus a little instead of a paltry �3000 but then the British may be able to house someone for much less then it costs in the US.
This kind of crap fits right in with things like forfeiture laws.
Via Samizdata and White Rose.


Search and Seizure

Just in from Europe:

The European Parliament has passed the EU Intellectual Property Rights Enforcement Directive by 330 votes to 151.

At passage, the law imposes civil penalties on counterfeiters, but amendments aimed at bringing in criminal sanctions for piracy, favoured by large media companies, were defeated, and a late-tabled amendment restricted the civil penalties to so-called professional counterfeiters, and not individuals copying music or films on an occasional basis “in good faith” for their own use.
… the directive does allow companies to raid offices, homes, seize property and petition courts to freeze the bank accounts of those they believe to be engaged in piracy.

Do they really mean “allow companies to raid…?” So now Vivendi, et al, hire their own enforcement arm to perform the function of the police?
Well, I’m going to look at this in more detail when time permits just to make sure what the article says is a reasonable translation of the proposed law. But, if it is even close to right then folks in the EU are in real serious trouble.
Via Nipper’s Patent Law Blog.