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Should a defendant be allowed to tweet or blog during a trial? – Law Blog – WSJ

February 7, 2013 by Leave a Comment

You have the right to remain silent. But the right to blog? That’s more complicated.

Last week, federal prosecutors sought a gag order to keep a southwest Virginia woman from blogging or tweeting about her upcoming trial.

Linda Cheek, a family practice doctor accused of illegally prescribing pain medication, made no bones about her opinion of the case against her.

About to stand trial, Dr. Cheek wrote on her personal web site that she’s unable to practice medicine “because of government collusion” and said she and other doctors are being treated like “Columbian [sic] drug lords.” . . . . .

via Should a defendant be allowed to tweet or blog during a trial? – Law Blog – WSJ.

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Sandy Knocks Out Cable, Telephone, Wireless in 10 States – Bloomberg (Todd Shields, Ryan Faughnder and Scott Moritz)

November 1, 2012 by Leave a Comment

Sandy, the Atlantic superstorm that ravaged the East Coast, knocked out cable or phone connections to more than 1 million customers in the New York area and weakened wireless service from Virginia to Massachusetts.

About one-fourth of mobile-service transmitters failed in an area stretching from the coast of the northeastern U.S., where Sandy came ashore on Oct. 29, to inland West Virginia, Federal Communications Commission officials said in Washington.

1:16

Oct. 30 (Bloomberg) — Record flooding knocked out power to more than 8 million people in the U.S. Northeast, shutting down public transportation and paralyzing Manhattan’s financial district as remnants of superstorm Sandy churned west. This slideshow illustrates the storm’s impact from coastal New Jersey to the shores of Lake Michigan. (Source: Bloomberg)

“This was and still is a devastating storm, with a substantial and serious impact on our country’s communications infrastructure,” FCC Chairman Julius Genachowski said yesterday on a conference call.

Communications outages could grow as blackouts last longer than backup power supplies, and as snow and floods take their toll, Genachowski said. The FCC monitored outages in 158 counties in 10 states and the District of Columbia, and the percentage of cell sites not working today had dropped “roughly three or four percentage points” from the 25 percent out of service yesterday, David Turetsky, chief of the agency’s Public Safety and Homeland Security Bureau, said on a conference

via Sandy Knocks Out Cable, Telephone, Wireless in 10 States – Bloomberg.

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Microsoft seizes botnet domains through legal precedent | TG Daily

September 9, 2010 by Leave a Comment

Microsoft has defeated the Waledac botnet in court, after a legal decision that could provide a precedent in future cases.

A judge in the Eastern Virginia District Court says he’ll recommend that the defendants transfer 276 domain names to Microsoft so they

can’t be used for cybercrime again. The decision confirms a temporary restraining order issued in February.

They have two weeks to challenge this, but may well not do so, as they failed to turn up in court. According to Microsoft, they used other tactics instead.

“Microsoft presented evidence to the court that although the defendants did not come forward, they were aware of the case and actively tried to retaliate, attempting to launch a distributed denial of service (DDoS) attack against the law firm that filed the suit and even going so far as to threaten one of the researchers involved in the case,” the company says on its blog.

The owners of the botnet are believed to be based in China, where most of the domains are registered. Confiscating the domains without the presence of the defendants was a legal first, but was carried out under a principle called ‘ex parte’. This allows the court to make such decisions on the grounds of public interest.

via Microsoft seizes botnet domains through legal precedent | TG Daily.

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How Altria Is Winnowing Out Fake Marlboros – BusinessWeek

April 12, 2010 by

Cigarette smuggling is booming, in part because New York and 21 other states have raised cigarette excise taxes in recent years. On top of that, the U.S. government increased the federal tax on cigarettes last year by 159%, to $1.01 per pack. A pack now typically sells for about $10 in New York City, more than double what it cost 10 years ago, and the state is considering yet another excise increase.

The high levies, meant to help close huge budget gaps and discourage smoking, have had the unintended side effect of spurring the illicit market. One passenger car filled with Marlboros bought in low-tax Virginia and driven up Interstate 95 to resell in New York can yield more than $30,000 in profit, says Crisanto Perez, a senior official with the U.S. Bureau of Alcohol, Tobacco, Firearms, & Explosives.

In Asia, Altria employees have begun to build an intelligence network to combat the counterfeiting problem. The company cites academic research estimating that factories in China manufacture 400 billion knock-off cigarettes a year. Altria has hired detectives to try to infiltrate the international distributors that sell Chinese fakes to mom-and-pop shops in the U.S. The company says it will funnel the information it gathers to government authorities.

Back in the U.S., Altria has 21 employees in its brand integrity unit, which it created in 2002. They are assisted by outside contractors hired nationwide. The company even has given nearly $2 million over the past eight years to cash-strapped public police departments in such places as Los Angeles and Suffolk County, N.Y., to help fund contraband investigations.

Tax collectors have their own concerns. New York currently loses $1 billion a year because of cigarette tax cheating, according to a 2009 study by the New York Association of Convenience Stores. Across the country, tobacco excise revenue lost annually to smuggling totals $5 billion, the U.S. Justice Dept.'s Inspector General concluded last year.

via How Altria Is Winnowing Out Fake Marlboros – BusinessWeek.

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“Sexting” Town Hall Meting held in Cleveland « USDOJ: Justice Blog

March 19, 2010 by

Recent studies have shown that approximately one in five teens have sent or received a sexually suggestive photo via text messaging, a practice known as “sexting.” What teens do not understand are the significant and long-term negative implications such risky behavior can have on them, legally, socially and psychologically. Such implications can be as simple as embarrassment or as serious as criminal liability. Most don’t realize that sending or receiving a sexually explicit picture could result in charges of production, receipt, distribution or possession of child pornography.

“Once one of these kids hits the ‘send’ button, they expose themselves and their families to a web full of hurt,” said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio. “All control over the image is lost – it can be forwarded repeatedly all over the school, town, state, country and world. Sadly, such behavior has led to at least two teens taking their own lives after suffering harassment by classmates who received their nude pictures, which had been repeatedly forwarded by other classmates.”

According to Dettelbach, “The best service law enforcement offers is preventing crime.” With that in mind, on March 12, 2010, he sponsored a Town Hall Meeting to discuss the impact of this risky teen behavior. The U.S. Attorney’s Office will partner with WVIZ/PBS Ideastream to make this important program available to students around the state of Ohio.

The panel featured Juvenile Court Judge Thomas O’Malley, Berea Police Department Detective Charles Gute, and Assistant United States Attorney Michael A. Sullivan. Additionally, Robin Palmer, who heads the Mokita Center, where teens charged with “sexting” are sent for assessment and treatment, and Cristina Fernandez, from the National Center for Missing and Exploited Children, in Alexandria, Virginia also participated.

Phizzle, a San Francisco-based company, which provides Web-based mobile platforms, donated its services for the program, which allowed students viewing the program to ask questions of the panel via text messaging and to participate in survey questions, asked throughout the show, designed to assess the scope of the problem.

via “Sexting” Town Hall Meting held in Cleveland « USDOJ: Justice Blog.

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