Activist loses UK court case on police facial recognition

Court News 2019/08/30 14:47   Bookmark and Share
A British court ruled Wednesday that a police force's use of automated facial recognition technology is lawful, dealing a blow to an activist concerned about its implications for privacy.

Existing laws adequately cover the South Wales police force's deployment of the technology in a trial, two judges said , in what's believed to be the world's first legal case on how a law enforcement agency uses the new technology.

The decision comes amid a broader global debate about the rising use of facial recognition technology. Recent advances in artificial intelligence make it easier for police to automatically scan faces and instantly match them to "watchlists" of suspects, missing people and persons of interest, but it also raises concerns about mass surveillance.

"The algorithms of the law must keep pace with new and emerging technologies," Judges Charles Haddon-Cave and Jonathan Swift said.

Ed Bridges, a Cardiff resident and human rights campaigner who filed the judicial review, said South Wales police scanned his face twice as it tested the technology - once while he was Christmas shopping in 2017 and again when he was at a peaceful protest against a defense expo in 2018.

"This sinister technology undermines our privacy and I will continue to fight against its unlawful use to ensure our rights are protected and we are free from disproportionate government surveillance," he said in a statement released by Liberty, a rights group that worked on his case.

His legal team argued that he suffered "distress" and his privacy and data protection rights were violated when South Wales police processed an image taken of him in public.

But the judges said that the police force's use of the technology was in line with British human rights and data privacy legislation. They said that all images and biometric data of anyone who wasn't a match on the "watchlist" of suspects was deleted immediately.
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Thai court acquits Red Shirts of terrorism for 2010 protests

Legal Insight 2019/08/14 09:09   Bookmark and Share
A court in Thailand on Wednesday dismissed terrorism and other charges against 24 leaders of an extended street protest in 2010 that saw key areas of central Bangkok closed off and random violence that was ended by military force.

The Bangkok Criminal Court ruled that the two-month protest by the "Red Shirt" supporters of former Prime Minister Thaksin Shinawatra, during which 91 people were killed and thousands hurt, was "a political fight, not terrorism."

Thaksin was ousted by a military coup in 2006 after being accused of corruption and abuse of power. His allies won a 2007 election, but parliamentary maneuvering installed the rival Democrat Party in power in 2008, inspiring the 2010 protest that called for Democrat Prime Minister Abhisit Vejjajiva to step down.

Thaksin's ouster set off years of sometimes violent conflict between his supporters and opponents, both of which engaged in aggressive street protests against governments led by the other's faction. During three months of street protests in 2008, Thaksin's foes - known as the Yellow Shirts - occupied the prime minister's offices, as well as Bangkok's international airport for about a week.

The casualties in 2010 included soldiers as well as protesters. Unidentified armed men in black whose weapons included grenade launchers acted as a mysterious armed auxiliary to the protesters, but it appeared that most of the dead were unarmed civilians.

The case decided Wednesday was brought by state prosecutors and more than 40 business owners affected by the Red Shirts' seizure of Bangkok's central shopping and business district, and involved charges of terrorism, criminal association, using force to damage government property, inciting unrest, possession of arms, obstruction of officials through intimidation and gathering more than 10 people to cause chaos. The defendants were acquitted of all charges.
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Cosby lawyers ask appeals court to toss #MeToo conviction

Legal Business 2019/08/12 09:10   Bookmark and Share
A Pennsylvania appeals court on Monday questioned why actor Bill Cosby never got a supposed non-prosecution agreement in writing as his lawyers asked the panel to overturn his sexual assault conviction.

Cosby, 82, is serving a three- to 10-year prison term for drugging and molesting a woman at his home in what became the first celebrity trial of the #MeToo era.

The three-judge panel asked why Cosby’s top-shelf lawyers didn’t follow the norm and get an immunity agreement in writing, and approved by a judge, when accuser Andrea Constand first came forward in 2005.

“This is not a low-budget operation. ... They had an unlimited budget,” said Superior Court Judge John T. Bender. “Could it be they knew this was something the trial court would never have allowed?”

Cosby’s lawyers have long argued that he relied on the promise before giving testimony in Constand’s 2005 lawsuit that proved incriminating when it was unsealed a decade later.

Judge Carolyn Nichols echoed Bender’s point, asking, “how can the elected district attorney bind that office in perpetuity?”

Cosby’s lawyers also attacked Montgomery County Judge Steven O’Neill’s decision to let five other accusers testify when Cosby went on trial last year, after more than 60 accusers came forward and his deposition was unsealed. Prosecutors said they chose women whose accounts showed that Cosby had a “signature” crime pattern. Bender seemed to agree, interrupting defense arguments that their stories had significant differences.
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Suspect in Norway mosque attack bruised but smiling in court

Legal Insight 2019/08/10 09:11   Bookmark and Share
A suspected gunman accused of an attempted terrorist attack on an Oslo mosque and separately killing his teenage stepsister appeared in court on Monday looking bruised and scratched, but smiling.

The suspect did not speak, and his defense lawyer Unni Fries told The Associated Press he “will use his right not to explain himself for now.”

Philip Manshaus, 21, was arrested Saturday after entering a mosque in Baerum, an Oslo suburb, where three men were preparing for Sunday’s Eid al-Adha Muslim celebrations. Police said he was waving weapons and several shots were fired but did not specify what type of weapon was used. One person was slightly injured before people inside the Al-Noor Islamic Center held the suspect down until police arrived on the scene.

Police then raided Manshaus’ nearby house and found the body of his 17-year-old stepsister. He is also suspected in her killing, police said, but did not provide details.

The head of Norway’s domestic security agency said Monday officials had received a “vague” tip a year ago about the suspect, but it was not sufficient to act because officials had no information about any “concrete plans” of attack.

Hans Sverre Sjoevold, head of Norway’s PST agency, told a news conference that the agency and the police receive many tips from worried people every day and the information “didn’t go in the direction of an imminent terror planning.”

The suspect’s lawyer declined to comment on Norwegian media reports that Manshaus was inspired by shootings in March in New Zealand, where a gunman killed 51 people, and on Aug. 3 in El Paso, Texas, which left at least 22 dead.

The suspect smiled as he appeared in court Monday with dark bruises under both eyes and scratches across his face and neck. Police had said that he was prepared to cause deaths and more injuries but didn’t succeed because people inside the mosque helped neutralize him.

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Gun-control backers concerned about changing federal courts

Lawyer Blog Post 2019/08/08 09:13   Bookmark and Share
California has some of the toughest gun laws in the nation, including a ban on the type of high-capacity ammunition magazines used in some of the nation’s deadliest mass shootings.

How long those types of laws will stand is a growing concern among gun control advocates in California and elsewhere.

A federal judiciary that is becoming increasingly conservative under President Donald Trump and the Republican-controlled U.S. Senate has gun control advocates on edge. They worry that federal courts, especially if Trump wins a second term next year and Republicans hold the Senate, will take such an expansive view of Second Amendment rights that they might overturn strict gun control laws enacted in Democratic-leaning states.

The U.S. Supreme Court so far has left plenty of room for states to enact their own gun legislation, said Adam Winkler, a gun policy expert at the University of California, Los Angeles School of Law. But he said the success of the Trump administration in appointing federal judges, including to the high court, could alter that.

“Those judges are likely to be hostile to gun-control measures,” Winkler said. “So I think the courts overall have made a shift to the right on guns. We’ll just have to see how that plays out.”

The legal tug-of-war already is playing out in California.

The state banned the sale of high-capacity ammunition magazines nearly two decades ago as one of its numerous responses to deadly mass shootings; a voter initiative passed three years ago expanded on that, banning all ammunition magazines holding more than 10 rounds even among gun owners who already possessed them.

Earlier this year, a Republican-appointed federal judge overturned the ban, triggering a weeklong bullet buying spree among California gun owners before he put his decision on hold pending appeal. The same judge is overseeing another lawsuit brought by gun-rights groups that seeks to repeal a state law requiring background checks for ammunition buyers.

Legal experts, lawmakers and advocates on both sides said the decision in the case over ammunition limits foreshadows more conflicts between Democratic-leaning states seeking to impose tighter gun laws and an increasingly conservative federal judiciary.

“What you’re looking at in the Southern District of California is happening all over the country,” said Frank Zimring, a University of California, Berkeley law professor who is an expert on gun laws.
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Puerto Ricans get their 3rd governor in 6 days

Legal Insight 2019/08/04 09:16   Bookmark and Share
Justice Secretary Wanda Vazquez became Puerto Rico’s new governor Wednesday, just the second woman to hold the office, after weeks of political turmoil and hours after the island’s Supreme Court declared Pedro Pierluisi’s swearing-in a week ago unconstitutional.

Accompanied by her husband, Judge Jorge Diaz, and one of her daughters, Vazquez took the oath of office in the early evening at the Supreme Court before leaving without making any public comment. She then issued a brief televised statement late Wednesday, saying she feels the pain that Puerto Ricans have experienced in recent weeks.

“We have all felt the anxiety provoked by the instability and uncertainty,” Vazquez said, adding that she would meet with legislators and government officials in the coming days. “Faced with this enormous challenge and with God ahead, I take a step forward with no interest other than serving the people ... It is necessary to give the island stability, certainty to the markets and secure (hurricane) reconstruction funds.”

The high court’s unanimous decision, which could not be appealed, settled the dispute over who will lead the U.S. territory after its political establishment was knocked off balance by big street protests spawned by anger over corruption, mismanagement of funds and a leaked obscenity-laced chat that forced the previous governor and several top aides to resign.

But it was also expected to unleash a new wave of demonstrations because many Puerto Ricans have said they don’t want Vazquez as governor.

“It is concluded that the swearing in as governor by Hon. Pedro R. Pierluisi Urrutia, named secretary of state in recess, is unconstitutional,” the court said in a brief statement.
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