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Lawsuit Seeks To Block New York Ban On 'Ballot Selfies' ( 140

You have have the right to vote, but should you have the right to take a selfie at a ballot? According to ABC News, a federal lawsuit is challenging a New York state law that makes it a misdemeanor to show a marked election ballot to others: The lawsuit filed late Wednesday in Manhattan federal court seeks to have the law banning so-called "ballot selfies" declared unconstitutional. The lawsuit says publishing a voted ballot on social media can be a powerful form of political expression. It says that someone claiming they voted without photographic proof reduces the credibility of the individual. Attorney Leo Glickman, who filed the suit on behalf of three voters, says the lawsuit is consistent with claims made in Michigan, Indiana and New Hampshire, where similar laws have been struck down. In a separate report, Mother Jones' Kevin Drum explained the reasoning behind why a law against "ballot selfies" would exist in the first place: Just for the record, then, there is a reason for selfie bans in voting booths: it prevents vote buying. After all, the only way it makes sense to pay people for their votes is if you have proof that they voted the way you told them to. Back in the day that was no problem, but ever since secret ballots became the norm vote buying has died out. Selfies change all that. If I give you ten bucks to vote for my favorite candidate for mayor, I can withhold payment until you show me a selfie proving that you voted for my guy.

Oracle Will Officially Appeal Its 'Fair Use' Loss Against Google ( 48

An anonymous reader quotes a report from Ars Technica: The massive Oracle v. Google litigation has entered a new phase, as Oracle filed papers (PDF) yesterday saying it will appeal its loss on "fair use" grounds to the U.S. Court of Appeals for the Federal Circuit. For a brief recap of the case: after Oracle purchased Sun Microsystems and acquired the rights to Java, it sued Google in 2010, saying that Google infringed copyrights and patents related to Java. The case went to trial in 2012. Oracle initially lost but had part of its case revived on appeal. The sole issue in the second trial was whether Google infringed the APIs in Java, which the appeals court held are copyrighted. In May, a jury found in Google's favor after a second trial, stating that Google's use of the APIs was protected by "fair use." Oracle's appeal is no surprise, but it will be a long shot. The four-factor "fair use" test is a fairly subjective one, and Oracle lawyers will have to argue that the jury's unanimous finding must be overturned. There are various ways a jury could arrive at the conclusion that Google was protected by fair use. The case will go back to the Federal Circuit, the same appeals court that decided APIs could be copyrighted in the first place. That decision overruled U.S. District Judge William Alsup, the lower court judge, and was extremely controversial in the developer community. However, the same decision that insisted APIs can be copyrighted clearly held the door open to the idea that "fair use" might apply. Unless Oracle pulls off a stunning move on appeal, its massive legal expenditures in this case will be for naught.

FCC Imposes ISP Privacy Rules and Takes Aim At Mandatory Arbitration ( 41

An anonymous reader quotes a report from Ars Technica: The Federal Communications Commission today imposed new privacy rules on Internet service providers, and the Commission said it has begun working on rules that could limit the use of mandatory arbitration clauses in the contracts customers sign with ISPs. The new privacy rules require ISPs to get opt-in consent from consumers before sharing Web browsing data and other private information with advertisers and other third parties. The rules apply both to home Internet service providers like Comcast and mobile data carriers like Verizon Wireless. The commission's Democratic majority ensured the rules' passage in a 3-2 vote, with Republicans dissenting. Democratic Commissioner Mignon Clyburn was disappointed that the rules passed today did not include any action on mandatory arbitration clauses that prevent consumers from suing ISPs. But Chairman Tom Wheeler said that issue will be addressed in a separate rule-making. In the case of privacy rules, the FCC passed the NPRM in March and the final rules today. Clyburn argued that the FCC could have imposed mandatory arbitration restrictions today, because the privacy NPRM sought public comment about whether to ban mandatory arbitration. Under the FCC rules, ISPs that want to share consumer data with third parties such as advertisers must obtain opt-in consent for the most sensitive information and give customers the ability to opt out of sharing less sensitive information. Here's how the FCC describes the new opt-in and opt-out requirements: "Opt-in: ISPs are required to obtain affirmative 'opt-in' consent from consumers to use and share sensitive information. The rules specify categories of information that are considered sensitive, which include precise geo-location, financial information, health information, children's information, Social Security numbers, Web browsing history, app usage history, and the content of communications. Opt-out: ISPs would be allowed to use and share non-sensitive information unless a customer 'opts-out.' All other individually identifiable customer information -- for example, e-mail address or service tier information -- would be considered non-sensitive, and the use and sharing of that information would be subject to opt-out consent, consistent with consumer expectations. Exceptions to consent requirements: Customer consent is inferred for certain purposes specified in the statute, including the provision of broadband service or billing and collection. For the use of this information, no additional customer consent is required beyond the creation of the customer-ISP relationship." ISPs must clearly notify customers about the types of information they collect, specify how they use and share the information, and identify the types of entities they share the information with.

Hotel CEO Openly Celebrates Higher Prices After Anti-Airbnb Law Passes ( 265

An anonymous reader quotes a report from Washington Post: A hotel executive said a recently-passed New York law cracking down on Airbnb hosts will enable the company to raise prices for New York City hotel rooms, according to the transcript of the executive's words on a call with shareholders last week. The law, signed by New York's Governor Andrew Cuomo on Friday, slaps anyone who lists their apartment on a short-term rental site with a fine up to $7,500. It "should be a big boost in the arm for the business," Mike Barnello, chief executive of the hotel chain LaSalle Hotel Properties, said of the law last Thursday, "certainly in terms of the pricing." Barnello's comment adds fuel the argument, made repeatedly by Airbnb and its proponents, that a law that was passed in the name of affordable housing also allows established hotels to raises prices for consumers. It was included in a memo written by Airbnb's head of global policy, Chris Lehane, to the Internet Association, a tech trade group, reviewed by the Washington Post. LaSalle, a Bethesda, MD-based chain, owns hotels around the country, including New York City. The memo is the latest volley in a bitter fight that has pit the hotel industry, unions, and affordable housing advocates against Airbnb and its supporters. At the heart of the fight is a debate over the societal value of the Airbnb platform and its role in the economy of cities throughout the world. The question is whether Airbnb has been a net benefit, by enabling middle class city-dwellers to make extra money by renting out their homes, or whether it has had the unintended consequence of exacerbating affordable housing crises in expensive cities such as New York and Los Angeles.

Canadian Police Are Texting Potential Murder Witnesses ( 116

On Thursday, the Ontario Provincial Police (OPP) will send text messages to anybody who was in the vicinity of a murder in the hopes that one of them will have information that can help catch the culprit. One of the recipients may even be the killer. Others may wonder how the police obtained their phone number in the first place, or knew where they were on the day in question. From a Motherboard report: The OPP is ramping up its efforts to find the murderer of 65-year-old hitchhiker John Hatch, who was found dead near Erin, Ontario, on December 17, 2015. He was last seen alive the day before, outside Ottawa. Now, the OPP has announced what it's describing as a "new investigative technique" for the force: obtaining the phone numbers of everyone who was in the area where and when Hatch was last seen alive, via a court order, and sending each person a text message directing them to a police website. If they follow those instructions, they'll be asked a series of online questions. According to digital privacy lawyer David Fraser, this technique is known as a "tower dump" -- essentially asking telecom companies for information about everyone who connected to a certain cellphone tower, at a given time. If the police plan on using this technique again, its future uses could have unintended effects, Frasier said.

Comcast Sues Nashville To Halt Rules That Give Google Fiber Faster Access To Utility Poles ( 92

An anonymous reader quotes a report from Ars Technica: Comcast yesterday sued the Nashville metro government and mayor to stop a new ordinance designed to give Google Fiber faster access to utility poles. Comcast's complaint in U.S. District Court in Nashville (full text) is similar to one already filed by AT&T last month. Both ISPs are trying to invalidate a One Touch Make Ready ordinance that lets new ISPs make all of the necessary wire adjustments on utility poles themselves instead of having to wait for incumbent providers like AT&T and Comcast to send work crews to move their own wires. The ordinance was passed largely to benefit Google Fiber, which is offering service in Nashville but says that it hasn't been able to deploy faster because it is waiting to get access to thousands of poles. Nearly all the Nashville utility poles are owned either by the municipal Nashville Electric Service or AT&T. Because Comcast has wires on many of the poles, it has some control over how quickly Google Fiber can expand its network. When Google Fiber wants to attach wires to a new pole, it needs to wait for ISPs like Comcast to move their wires to make room for Google Fiber's. The Nashville One Touch Make Ready ordinance "permits third parties to move, alter, or rearrange components of Comcast's communications network attached to utility poles without Comcast's consent, authorization, or oversight, and with far less notice than is required by federal law and by an existing Comcast contract with Metro Nashville," Comcast's complaint said. Comcast asked the court to declare the ordinance invalid and permanently enjoin Nashville from enforcing it. The pre-existing Make Ready process "seek[s] to ensure that all providers can share available pole space cooperatively and safely, without interfering with or damaging any provider's equipment or services," Comcast said. The new procedures mandated by Nashville "are so intrusive that, tellingly, Metro Nashville has wholly exempted its own utility pole attachments from the Ordinance's coverage." Even though Google Fiber announced yesterday that it will pause operations and cut 9% of its staff, the ISP said it would continue operations in Nashville.

Repeat Infringers Can Be Mere Downloaders, Court Rules ( 112

A 10-year-old copyright case has prompted an interesting opinion from a US appeals court. In determining the nature of a "repeat infringer" (which service providers must terminate to retain safe harbor), the court found these could be people who simply download infringing content for personal use. The case was filed by recording labels EMI and Capitol against the since long defunct music service MP3Tunes nearly a decade ago. The site allowed, among other things, the ability to store MP3 files and then play it remotely on other devices. The site also allowed users to search for MP3 files online and add them to MP3Tunes service. This is what the recording labels had a problem with, and they sued the site and the owner. TorrentFreak adds: The case went to appeal and yesterday the 2nd Circuit Court of Appeals handed down an opinion that should attract the attention of service providers and Internet users alike. The most interesting points from a wider perspective cover the parameters which define so-called 'repeat infringers.' [...] Noting that the District Court in the MP3Tunes case had also defined a 'repeat infringer' as a user who posts or uploads infringing content "to the Internet for the world to experience or copy", the Court of Appeals adds that the same court determined that a mere downloader of infringing content could not be defined as a repeat infringer "that internet services providers are obligated to ban from their websites." According to the Court of Appeal, that definition was too narrow. "We reject this definition of a 'repeat infringer,' which finds no support in the text, structure, or legislative history of the DMCA. Starting with the text, we note that the DMCA does not itself define 'repeat infringers'," the opinion reads. Noting that 'repeat' means to do something "again or repeatedly" while an 'infringer' is "[s]omeone who interferes with one of the exclusive rights of a copyright," the Court of Appeals goes on to broaden the scope significantly. [...] The notion that the term 'repeat infringer' can now be applied to anyone who knowingly (or unknowingly) downloads infringing content on multiple occasions is likely to set pulses racing. How it will play out in practical real-world scenarios will remain to be seen, but it's certainly food for thought.

Scientists Create AI Program That Can Predict Human Rights Trials With 79 Percent Accuracy ( 82

An anonymous reader quotes a report from The Verge: Computer scientists have created an AI program capable of predicting the outcome of human rights trials. The program was trained on data from nearly 600 cases brought before the European Court of Human Rights (ECHR), and was able to predict the court's final judgement with 79 percent accuracy. Its creators say it could be useful in identifying common patterns in court cases, but stress that they do not believe AI will be able to replace human judgement. As described in a study published in the journal PeerJ Computer Science, the AI program worked by analyzing descriptions of court cases submitted to the ECHR. These descriptions included summaries of legal arguments, a brief case history, and an outline of the relevant legislation. The cases were grouped into three main violations of human rights law, including the prohibition on torture and degrading treatment; the right to a fair trial; and the right to "respect for private and family life." (Used in a wide range of cases including illegal searches and surveillance.) The AI program then looked for patterns in this data, correlating the courts' final judgements with, for example, the type of evidence submitted, and the exact part of the European Convention on Human Rights the case was alleged to violate. Aletras says a number of patterns emerged. For example, cases concerning detention conditions (eg access to food, legal support, etc.) were more likely to end in a positive judgement that an individual's human rights had been violated; while cases involving sentencing issues (i.e., how long someone had been imprisoned) were more likely to end in acquittal. The researchers also found that the judgements of the court were more dependent on the facts of the case itself (that is to say, its history and its particulars) than the legal arguments (i.e., how exactly the Convention on Human Rights had or had not been violated).

Yahoo Scanning Order Unlikely To Be Made Public: Reuters ( 58

An anonymous reader quotes a report from Reuters: Obama administration officials briefed key congressional staffers last week about a secret court order to Yahoo that prompted it to search all users' incoming emails for a still undisclosed digital signature, but they remain reluctant to discuss the unusual case with a broader audience. Executive branch officials spoke to staff for members of the Senate and House of Representatives committees overseeing intelligence operations and the judiciary, according to people briefed on the events, which followed Reuters' disclosure of the massive search. But attempts by other members of Congress and civil society groups to learn more about the Yahoo order are unlikely to meet with success anytime soon, because its details remain a sensitive national security matter, U.S. officials told Reuters. Release of any declassified version of the order is unlikely in the foreseeable future, the officials said. The decision to keep details of the order secret comes amid mounting pressure on the U.S. government to be more transparent about its data-collection activities ahead of a congressional deadline next year to reauthorize some foreign intelligence authorities. On Tuesday, more than 30 advocacy groups will send a letter to Director of National Intelligence James Clapper asking for declassification of the Yahoo order that led to the search of emails last year in pursuit of data matching a specific digital symbol. The groups say that Title I of the Foreign Intelligence Surveillance Act, under which sources said the order was issued, requires a finding that the target of such a wiretap is probably an agent of a foreign power and that the facility to be tapped is probably going to be used for a transmission. An entire service, such as Yahoo, has never publicly been considered to be a "facility" in such a case: instead, the word usually refers to a phone number or an email account.

Largest Auto-Scandal Settlement In US History: Judge Approves $15 Billion Volkswagen Settlement ( 116

A federal just has approved the largest auto-scandal settlement in U.S. history, a $14.7 billion settlement concerning Volkswagen Group's diesel car emissions scandal. USA Today reports: U.S. District Court Judge Charles Breyer in San Francisco approved the sweeping agreement between consumers, the government, California regulators and the German automaker in a written ruling a week after signaling he was likely to sign off. He said the agreement is "fair, reasonable and adequate." The settlement comes about a year after Volkswagen admitted that it rigged 11 million vehicles worldwide with software designed to dodge emissions standards. The company is still facing criminal investigations by the U.S. Justice Department and German prosecutors. The U.S. probe could lead to additional financial penalties and criminal indictments. About 475,000 Volkswagen owners in the U.S. can choose between a buyback or a free fix and compensation, if a repair becomes available. VW will begin administering the settlement immediately, having already devoted several hundred employees to handling the process. Buybacks range in value from $12,475 to $44,176, including restitution payments, and varying based on milage. People who opt for a fix approved by the Environmental Protection Agency will receive payouts ranging from $5,100 to $9,852, depending on the book value of their car. Volkswagen will also pay $2.7 billion for environmental mitigation and another $2 billion for clean-emissions infrastructure.

Warner Bros Claims Agency Ran Its Own Pirate Movie Site ( 23

Warner Bros Entertainment has sued talent agency Innovative Artists, claiming that the agency ran its own pirate site when it ripped DVD screeners and streamed them to associates via Google servers. TorrentFreak adds: In a lawsuit filed in a California federal court, Warner accuses the agency of effectively setting up its own pirate site, stocked with rips of DVD screeners that should have been kept secure. "Beginning in late 2015, Innovative Artists set up and operated an illegal digital distribution platform that copied movies and then distributed copies and streamed public performances of those movies to numerous people inside and outside of the agency," the complaint reads. "Innovative Artists stocked its platform with copies of Plaintiff's works, including copies that Innovative Artists made by ripping awards consideration 'screener' DVDs that Plaintiff sent to the agency to deliver to one of its clients." Given its position in the industry, Innovative Artists should have known better than to upload content, Warner's lawyers write.

Alibaba Founder To Chinese Government: Use Big Data To Stop Criminals ( 46

An anonymous reader quotes a report from Bloomberg: Chinese billionaire Jack Ma proposed that the nation's top security bureau use big data to prevent crime, endorsing the country's nascent effort to build unparalleled online surveillance of its billion-plus people. China's data capabilities are virtually unrivaled among its global peers, and policing cannot happen without the ability to analyze information on its citizens, the co-founder of Alibaba Group Holding Ltd. said in a speech published Saturday by the agency that polices crime and runs the courts. Ma's stance resonates with that of China's ruling body, which is establishing a system to collect and parse information on citizens in a country where minimal safeguards exist for privacy. "Bad guys in a movie are identifiable at first glance, but how can the ones in real life be found?" Ma said in his speech, which was posted on the official WeChat account of the Commission for Political and Legal Affairs. "In the age of big data, we need to remember that our legal and security system with millions of members will also face change." In his speech, Ma stuck mainly to the issue of crime prevention. In Alibaba's hometown of Hangzhou alone, the number of surveillance cameras may already surpass that of New York's, Ma said. Humans can't handle the sheer amount of data amassed, which is where artificial intelligence comes in, he added. "The future legal and security system cannot be separated from the internet and big data," Ma said. Ma's speech also highlights the delicate relationship between Chinese web companies and the government. The ruling party has designated internet industry leaders as key targets for outreach, with President Xi Jinping saying in May last year that technology leaders should "demonstrate positive energy in purifying cyberspace."

Electronic Surveillance Up 500% In DC Area Since 2011, Almost All Sealed Cases ( 39

schwit1 quotes a report from Washington Post: Secret law enforcement requests to conduct electronic surveillance in domestic criminal cases have surged in federal courts for Northern Virginia and the District, but only one in a thousand of the applications ever becomes public, newly released data show. The bare-bones release by the courts leaves unanswered how long, in what ways and for what crimes federal investigators tracked individuals' data and whether long-running investigations result in charges. In Northern Virginia, electronic surveillance requests increased 500 percent in the past five years, from 305 in 2011 to a pace set to pass 1,800 this year. Only one of the total 4,113 applications in those five years had been unsealed as of late July, according to information from the Alexandria division of the U.S. District Court for the Eastern District of Virginia, which covers northern Virginia. The report adds: "The federal court for the District of Columbia had 235 requests in 2012, made by the local U.S. attorney's office. By 2013, requests in the District had climbed 240 percent, to about 564, according to information released by the court's chief judge and clerk. Three of the 235 applications from 2012 have been unsealed. The releases from the Washington-area courts list applications by law enforcement to federal judges asking to track data -- but not eavesdrop -- on users' electronic communications. That data can include sender and recipient information, and the time, date, duration and size of calls, emails, instant messages and social media messages, as well as device identification numbers and some website information."

Swedish Administrative Court Bans Drones With Cameras ( 113

An anonymous reader writes: The ruling of the Swedish administrative courts forbids anyone to fly a drone equipped with a camera as long as its not "... to document crime or prevent accidents...". They also rule that there is no exception for the ban for commercial use or in journalistic purposes. According to the court the issue with the drones is that is not "controlled locally"

The ban could cause a great problems for the drone industry within Sweden and the UAS Sweden has taken a stand against the ruling because of how it "... strikes against an entire industry that employs thousands of employees."

The Media

Journalist Cleared of Riot Charges in South Dakota ( 79

Her video went viral, viewed more than 14 million times, and triggering concerns online when she was threatened with prison. But a North Dakota judge "refused to authorize riot charges against award-winning journalist Amy Goodman for her reporting on an attack against Native American-led anti-pipeline protesters." An anonymous Slashdot reader quotes NBC News: Goodman described the victory as a "great vindication of the First Amendment," although McLean County State's Attorney Ladd Erickson told The New York Times that additional charges were possible. "I believe they want to keep the investigation open and see if there is any evidence in the unedited and unpublished videos that we could better detail in an affidavit for the judge," Erickson told the newspaper.
The native Americans "were attempting to block the destruction of sacred sites, including ancestral burial grounds," according to a new article co-authored by Goodman about her experiences, which argues that "Attempts to criminalize nonviolent land and water defenders, humiliate them and arrest journalists should not pave the way for this pipeline."

'Anonymous' Hacker Indicted As His Hunger Strike Continues ( 67

Eight months after being rescued at sea near Cuba and then arrested, Anonymous hacker Martin Gottesfeld now faces prosecution as well as death by hunger. Newsweek reports: A member of Anonymous has been indicted on hacking charges while on the third week of a prison hunger strike protesting perceived institutionalized torture and political prosecutions. Martin Gottesfeld, 32, was charged this week in relation to the hacking of Boston Children's Hospital in 2014 following the alleged mistreatment of one of its patients. Gottesfeld has previously admitted to targeting the hospital, though says he did it in defense of "an innocent, learning-disabled, 15-year-old girl"...

Since beginning his hunger strike on October 3, Gottesfeld tells Newsweek from prison he has lost 16.5 pounds. He says he will continue his hunger strike until two demands are met: a promise from the presidential candidates that children are not mistreated in the way he claims Pelletier was; and an end to the "political" style of prosecution waged by Carmen Ortiz, the U.S. attorney for Massachusetts.

The indictment claims that the hospital spent more than $300,000 to "mitigate" the damage from the 2014 attack.

Prosecutors Say NSA Contractor Could Flee To Foreign Power ( 44

An anonymous reader quotes a report from ABC News: The NSA contractor accused of stealing a gargantuan amount of sensitive and classified data from the U.S. government was studying Russian before he was arrested and would be a "prime target" for foreign spies should he be released on bail, prosecutors argued ahead of a court hearing for Harold Martin, III, today. The government said it is "readily apparent to every foreign counterintelligence professional and nongovernmental actor that the Defendant has access to highly classified information, whether in his head, in still-hidden physical locations, or stored in cyberspace -- and he has demonstrated absolutely no interest in protecting it. This makes the Defendant a prime target, and his release would seriously endanger the safety of the country and potentially even the Defendant himself." Prosecutors noted that Martin purportedly communicated online "with others in languages other than English, including in Russian" and that he had downloaded information on the Russian language just a couple months before he was arrested in August. Martin's attorneys, however, said in their own court filing Thursday that there is still no evidence he "intended to betray his country" and argued that he was not a flight risk. All the talk of foreign spies and potential getaway plans, the defense said, were "fantastical scenarios." Martin's defense team said in part: "The government concocts fantastical scenarios in which Mr. Martin -- who, by the government's own admission, does not possess a valid passport -- would attempt to flee the country. Mr. Martin's wife is here in Maryland. His home is here in Maryland. He hash served this country honorably as a lieutenant in the United States Navy, and he has devoted his entire career to serving his country. There is no evidence he intended to betray his country. The government simply does not meet its burden of showing that no conditions of release would reasonably assure Mr. Martin's future appearance in court. For these reasons, and additional reasons to be discussed at the detention hearing, Mr. Martin should be released on conditions pending trial."

UPDATE 10/21/16: Slashdot reader chromaexursion writes: "Harold Martin was denied bail. The judge agreed the the prosecution in his decision."

Most 'Genuine' Apple Chargers and Cables Sold on Amazon Are Fake, Apple Says ( 192

Apple says it bought Apple chargers and cables labeled as genuine on and found that nearly 90 percent of them to be counterfeit. The revelation comes in a federal lawsuit the company filed against a New Jersey company over what Apple says are fake products that were sold on Amazon. Engadget reports: When Apple got in touch with Amazon about the issue, the website told the former that it got most of its chargers from Mobile Star LLC. The iPhone-maker stressed that since counterfeit cables and chargers don't go through consumer safety testing and could be poorly designed, they're prone to overheating and catching fire. They might even electrocute users. Tim Cook and co. are now asking the court to issue an injunction against the defendant. They also want the court to order the seizure and destruction of all the fake chargers in addition to asking for damage

KickassTorrents Lawyer: 'Torrent Sites Do Not Violate Criminal Copyright Laws' ( 80

An anonymous reader quotes a report from Ars Technica: Lawyers representing Artem Vaulin have filed their formal legal response to prosecutors' allegations of conspiracy to commit criminal copyright infringement, among other charges. Vaulin is the alleged head of KickassTorrents (KAT). KAT was the world's largest BitTorrent distribution site before it was shuttered by authorities earlier this year. Vaulin was arrested in Poland, where he now awaits extradition to the United States. "Vaulin is charged with running today's most visited illegal file-sharing website, responsible for unlawfully distributing well over $1 billion of copyrighted materials," Assistant Attorney General Leslie Caldwell said in a July 2016 statement. The defense's new 22-page court filing largely relies on the argument that there is no such thing as secondary criminal copyright infringement. While secondary copyright infringement as a matter of civil liability was upheld by the Supreme Court in MGM v. Grokster in 2005, Vaulin and his associates have been charged criminally. "The fundamental flaw in the government's untenable theory of prosecution is that there is no copyright protection for such torrent file instructions and addresses," [the brief's author, Ira Rothken,] argued in his Monday motion to dismiss the charges against Vaulin. "Therefore, given the lack of direct willful copyright infringement, torrent sites do not violate criminal copyright laws." "The extradition procedures have formally been started by the US in Poland," Rothken told Ars. "We are in a submissions or briefing period, and our Polish team is opposing extradition." Rothken also said that he has yet to be allowed to meet or speak directly with his client. For now, Rothken has been required to communicate via his Polish counterpart, Alek Kowzan. "Maybe they are afraid that Artem's extradition defense will be enhanced if American lawyers can assist in defending against the US extradition," Rothken added. No hearings before US District Judge John Z. Lee have been set.

Czechs Arrest Russian Hacker Wanted By FBI ( 55

Bookworm09 quotes a report from New York Times (paywalled, alternate source): A man identified as a Russian hacker suspected of pursuing targets in the United States has been arrested in the Czech Republic, the police announced Tuesday evening. The suspect was captured in a raid at a hotel in central Prague on Oct. 5, about 12 hours after the authorities heard that he was in the country, where he drove around in a luxury car with his girlfriend, according to the police. The man did not resist arrest, but he had medical problems and was briefly hospitalized, the police said in a statement. The FBI said in a statement that the man was "suspected of conducting criminal activities targeting U.S. interests. As cybercrime can originate anywhere in the world, international cooperation is crucial to successfully defeat cyber adversaries." ABC News reports: "Prague's Municipal Court will now have to decide on his extradition to the United States, with Justice Minister Robert Pelikan having the final say. Russian officials, however, are demanding that the suspect be handed over to them. Spokeswoman Marketa Puci said the court ruled on Oct. 12 that the man will remain in detention until the extradition hearing. No date has yet been set. U.S. authorities have two months to deliver to their Czech counterparts all of the documents necessary for the Czech authorities to decide on the extradition request."

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