Supreme Court hears arguments on false political statements, TV copyright
The US Supreme Court heard oral arguments in two cases Tuesday. In Susan B. Anthony List v. Driehaus the court heard arguments on whether an Ohio law that imposes penalties for making knowingly false statements about political candidates violates the right to free speech. The Ohio law makes it a criminal offense to make knowingly or recklessly false statements about a candidate, with a maximum penalty of a $5,000 fine and six months in prison. Despite never facing actual penalties, two conservative groups, the Susan B. Anthony List and Coalition Opposed to Additional Spending and Taxes, argue that the possibility that the Ohio statute would be enforced against them deterred them from issuing statements during the 2010 election campaign criticizing a Congressman Steven Driehaus for supporting the health care law. Lawyers for the state of Ohio say that the groups could not show that the law threatened their First Amendment right to free speech or that they were likely to be prosecuted. A federal judge in Ohio dismissed the groups' challenge in 2011, and in May 2013 the US Court of Appeals for the Sixth Circuit upheld that decision. The court will determine whether the two groups had grounds to challenge the law.
Future of the internet debated at NetMundial in Brazil
About 850 government officials, academics, campaigners and technical experts, including web creator Sir Tim Berners-Lee, are attending NetMundia in Sao Paulo, to determine how the internet should be governed and to agree shared principles and highlight specific issues that could form the basis of later internet governance discussions. Last month the US announced plans to give up its oversight of the way net addresses are distributed. But campaigners have warned the move could backfire. The US currently determines who runs the Internet Assigned Numbers Authority (IANA), the body responsible for regulating the internet's codes and numbering systems. So, this week's discussions will be in light of what's seen by many countries - certainly here in Brazil - of an overbearing dominance by the US when it comes to internet oversight. Any changes to how the internet is governed will take a long time to achieve. But Washington now aims to pass the duty over to the "global multi-stakeholder community" by September 2015. But there are potential pitfalls. Part of the strength of the internet over the last couple of decades has been that the technical aspects have not had direct political or government interference. The real nightmare situation would be the Balkanization of the internet with governments changing technical standards to suit commercial interests, to remove interoperability between different countries or regions of the world, and to give them the ability to perform things like mass surveillance and the control of content. (Click here)
Obama signs law banning entry for UN ambassadors with terrorist affiliations
Obama on Friday signed into law a bill that bars entry for any UN ambassadors who have engaged in "terrorist activity." The law has been seen as a response to Iran's choice of US envoy, Hamid Aboutalebi, who has been linked to the student militants that seized the US embassy in Tehran in 1979. Aboutalebi claims that he only translated for the militants and was not directly involved in the hostage-taking, but the US has denied him a visa that he would otherwise be entitled to as a UN diplomat under the 1947 Headquarters Agreement. President Obama has stated that he will treat the law as "advisory" with regard to his constitutional discretion to receive or reject foreign ambassadors.
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- Crumbs
1 - Obama picks former Clinton lawyer Eggleston as new White House counsel - click here
2 - U.S. - Judge upholds New York state gun law - click here
3 - Ukraine asks ICC to investigate protester deaths - click here
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China is 'the elephant in the room'
Obama is not going to Beijing on his Asia tour but China will dominate the agenda nonetheless. He will discusses economics and security with allies in Japan, South Korea and the Philippines, China will be very much the elephant in the room and China itself will be watching closely.
China court jails anti-corruption activists
A Chinese court has jailed four activists linked to the New Citizens' Movement, which campaigns for government transparency. The ruling Chinese Communist Party has repeatedly vowed to crack down on corruption - but the party has also tried critics and anti-corruption activists.
Boeing gets $4.6bn order from China's Shandong Airlines
China's Shandong Airlines has said that it has placed an order for 50 Boeing 737 aircraft, worth $4.6bn at list prices. Chinese carriers have been looking to increase their fleets to cater for a growing domestic demand for air travel. The order still needs to be approved by the Chinese government.
Weibo shares surge on US debut, despite low opening price
Shares in China's Weibo, a Twitter-like service, rose by almost 20% on their first day of trading on the US stock market, after a lukewarm start. The company's flotation on the Nasdaq stock exchange had initially raised a less-than-expected $286m. However, investors flocked to the shares, and they ended the day at $20.24, after opening at $17. The number of Weibo users fell after China's censors strengthened control of online discussions last year. The China Internet Network Information Center said in its annual report that almost 28 million people abandoned Weibo in 2013. The Chinese version of Weibo can only be used by Chinese citizens who verify their account with a mobile phone number.
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- Historia Verdadera
El Senado de Brasil aprobó por unanimidad una novedosa legislación que garantiza el derecho igualitario a la internet y protege la privacidad de los usuarios después del escándalo de espionaje de la Agencia de Seguridad Nacional de Estados Unidos.
(Presione aquí)
Voto
Los chilenos que viven en el extranjero podrán sufragar en las próximas elecciones presidenciales, luego de que el Senado aprobó un proyecto en una histórica votación el martes, en lo que sería la antesala para discutir otras reformas políticas que impulsa la gobernante socialista Michelle Bachelet.
Acero
La Cámara Nacional de la Industria del Hierro y Acero (Canacero) de México manifestó su preocupación por las medidas provisionales impuestas por el Departamento de Comercio de Estados Unidos a las exportaciones de varilla de acero mexicana, y confió en que el conflicto se resuelva favorablemente. Se fijaron aranceles por dumping de hasta un 66,7% para los envíos desde México y de hasta un 2,6 % a los de Turquia.
- Brief News
Holder announces expanded clemency guidelines for convicted drug offendersUS Attorney General Eric Holder announced Monday that the Department of Justice (DOJ) is expanding its criteria for recommending clemency to federal prisoners convicted of certain drug crimes. Holder's announcement recapped the Fair Sentencing Act (FSA) that President Barack Obama signed into law in 2010, which addresses sentencing disparities for people convicted of crimes involving cocaine. The new, expanded criteria, to be announced later this week, will increase the amount of clemency applications sent to Obama for consideration. Holder stated that prisoners convicted under "the old regime" have far longer sentences than they would have if convicted today. Holder emphasized the White House's commitment "to restor[ing] a degree of justice, fairness, and proportionality for deserving individuals who do not pose a threat to public safety." The DOJ will be assigning "dozens" of lawyers to deal with the "thousands" of new applications expected as a result of the expanded criteria.
Supreme Court hears arguments in Argentina bond case
The US Supreme Court heard oral arguments Monday in two cases. In Republic of Argentina v. NML Capital Ltd. the court heard arguments on whether a hedge fund could subpoena banks for information about Argentina's non-US assets following the country's default on $100 billion in sovereign debt in 2002. The subpoenas were served in 2010 on Bank of America and Banco de la Nacion Argentina, and sought documents relating to accounts or assets that Argentina might have at the banks. In August 2012 the US Court of Appeals for the Second Circuit rejected Argentina's attempt to prevent bondholders from acquiring bank documents regarding the country's assets outside US territory, declaring that sovereign immunity was not an acceptable defense in this case. The Obama administration backed Argentina in the case. The Supreme Court's ruling will resolve a split between the Second Circuit, and the Seventh, Fifth and Ninth Circuits, which have found that post-judgment subpoenas are potentially limited under the Foreign Sovereign Immunities Act of 1976.
Airbnb in court over housing laws
Airbnb, the website that allows homeowners to rent out properties online, is to appear in court in New York in a dispute over housing and hotel laws. The New York attorney general has asked Airbnb to disclose information about its users who may be acting illegally by renting out their homes. Airbnb says the laws in question were not meant to apply to people who occasionally rent out their properties. It is challenging the request for data. New York laws prevent homeowners renting out their entire homes for fewer than 30 days to prevent illegal hotels from operating. But according to reports, court documents filed by the attorney general say that more than 60% of Airbnb listings in New York City break that law. The documents also show that some users were offering multiple properties for rent. "Airbnb is simply looking out for its bottom line at the expense of a law that protects quality of life for building residents and safety for tourists,", a spokesman for the Attorney General said.
UK demands company transparency
Companies will be forced to list their true owners on a public register in a bid to combat tax evasion and money-laundering, business secretary Vince Cable has said. The list, which could be used by tax authorities, would tackle the "darker side of capitalism". The plans follow concerns that opaque UK corporate structures can be used to channel or hide illicit funds. Campaigners called it an "historic step" in the fight against corruption.
Google refunding buyers of fake app
Google is refunding users who unsuspectingly bought a fake anti-virus app from its Play Store. The Virus Shield app reached the number one ranking in the Play Store with over 10,000 downloads before it was removed. The fake app was uncovered by news site Android Police, which looked at the app's code and discovered it did nothing. As well as a full refund, users are being given credit to spend in the Play Store.
Proposed Brazil anti-terrorism law sparks human rights concerns
A new anti-terrorism bill presented in the Brazilian National Congress on Saturday shortly before the 2014 World Cup is scheduled to begin in June has raised concern among human rights groups who allege the law threatens free speech and peaceful assembly. Brazilian lawmakers argue the legislation is required to fill a missing piece in the Brazilian legal system as the country's international exposure grows. Additionally, supporters of the bill argue protests at last year's Confederations Cup demonstrate a legislative need because citizens engaged in protest of the match and public spending were sprayed with tear gas and confronted by riot police. The anti-terrorism bill would impose a 15-30 year jail sentence for "causing or inciting widespread terror by threatening or trying to threaten the life, the physical integrity or the health or liberty of a person." The broad language of the bill is a major point of concern for human rights groups, but the drafters of the law stated they will amend the language to clear up ambiguities. Two human rights groups are leading the challenge against the bill : the Institute of Human Rights Defenders and Amnesty International (AI). The rights groups believe any change in language will not alter the new police power embedded in the law, and the measure may criminalize freedom of expression.
Russia court finds opposition leader guilty of slander
Judge Anna Nekryach of the Babushkinsky district court on Tuesday found opposition leader Alexei Navalny guilty of slander. A Moscow City Duma Deputy, Aleksei Lisovenko filed the lawsuit after Navalny allegedly posed about Lisovenko on his Twitter account, calling the deputy a drug addict. Nekryach found that the comment constituted slander and ordered Navalny to pay a 300,000 ruble (USD $8,350) fine.
Feds say powdered liquor not actually legal
The federal government has approved seven labels of Palcohol but the Alcohol and Tobacco Tax and Trade Bureau said that this approval was an error. Palcohol is a dehydrated vodka or rum inside a little air-tight package. Tear open the package, sprinkle the powder into tonic water and voila! You've got a vodka tonic with an alcohol concentration about the same as a regular cocktail (about 20 proof but the exact alcohol concentration will depend on how much liquid you add). In other words, it's like an adult version of Kool Aid or Country Time Lemonade. For starters, each state has to set regulations for the sales and distribution of the powdered alcohol. It could take some states a while to get all the rules and laws on the books although California is well prepared for such innovations. It already has laid out rules and taxes for "powdered distilled spirits". And some in the business are unlikely to welcome the competition. "Most of this stuff would need to go through licensed wholesalers with a strong stake in the status quo," the lawyer writes. "So don't assume they will be eager to carry this." And then there's the question about safety and the potential for abuse.
Michigan university race ban upheld
The US Supreme Court has upheld a voter-approved ban on racial preferences in university admissions in the US state of Michigan. In a 6-2 ruling, the court said voters there had the right to prohibit public universities from taking race into account in admissions decisions. It was the latest blow to the 1960s civil rights movement-era system of race-based preferences in admissions. The decision could spur other states to push for similar ballot initiatives. "This case is not about how the debate about racial preferences should be resolved. It is about who may resolve it," Justice Anthony Kennedy wrote in the majority opinion in the case of Schuette v Coalition to Defend Affirmative Action. "The courts may not disempower the voters from choosing which path to follow," he added of the court's decision to reject a challenge to the constitutional amendment, passed by Michigan's white-majority electorate in 2006. In his opinion, Justice Kennedy wrote that nothing in the US constitution nor case law provided the court with the authority to undermine the state's election results on the matter. But in a stinging dissent, Justice Sonia Sotomayor, the first Hispanic person to sit on the high court, castigated the majority for allowing white voters to undermine the opportunities for advancement that race-based preferences offer to minority Americans.
Oklahoma executions delayed amid lethal drugs 'secrecy' row
The Oklahoma Supreme Court has delayed the execution of two murderers who challenged a state law preventing death row inmates learning the source of the drugs used to kill them. Last month, a judge ruled that the secrecy surrounding the source of the state's lethal injection drugs was unconstitutional. The court decision came as US states are having increasing trouble obtaining drugs used in executions, amid an embargo from European pharmaceutical firms. Critics say the states risk botching executions and causing unnecessary suffering with impure drugs.
Google under fire from European media tycoon
The boss of one of Europe's largest media companies has strongly criticized Google in an open letter printed in a German newspaper. Mathias Dopfner, chief executive of Axel Springer, says his company is afraid of Google and its power. He also asks in the letter, addressed to Google boss Eric Schmidt, whether Google intends to create a superstate where anti-trust and privacy laws don't apply. Google has not commented on the letter.
Online sales taxes shift consumer behavior, study shows
Technically, consumers are supposed to pay taxes on things they buy online. In fact, few do. Congress is considering a bill called the that would force many online sellers to collect sales taxes for the first time. In the meantime, some states have already enacted so-called Amazon taxes, forcing the giant online retailer to collect sales taxes the same way traditional brick-and-mortar stores do. Amazon doesn't charge sales tax in most states - but you may still be on the hook to pay the tax. Researchers found that sales fell about 10 percent in those states and consumers switched to other retailers - either to other online retailers, or to brick-and-mortar operations. Years of slow growth sent many state and local governments hunting for new sources of tax revenue. And online retail sales have been a big target. Proponents argue that collecting out-of-state online retail sales tax to their coffers.
Supreme Court to rule on Jerusalem birthplace law
The US Supreme Court on Monday granted certiorari in three cases slated for argument during the October 2014 term. In Zivotofsky v. Kerry, the court will address the constitutionality of a federal statute requiring the Secretary of State, on request, to endorse US passports and Consular Reports of Birth Abroad of US citizens born in Jerusalem with "Israel" as the place of birth. The US Court of Appeals for the District of Columbia Circuit found the statute unconstitutional on grounds that it "impermissibly infringe[d] on theresident's exercise of the recognition power."
Supreme Court hears arguments in Argentina bond case
The US Supreme Court heard oral arguments Monday in two cases. In Republic of Argentina v. NML Capital Ltd. the court heard arguments on whether a hedge fund could subpoena banks for information about Argentina's non-US assets following the country's default on $100 billion in sovereign debt in 2002. The subpoenas were served in 2010 on Bank of America and Banco de la Nacion Argentina, and sought documents relating to accounts or assets that Argentina might have at the banks. In August 2012 the US Court of Appeals for the Second Circuit rejected Argentina's attempt to prevent bondholders from acquiring bank documents regarding the country's assets outside US territory, declaring that sovereign immunity was not an acceptable defense in this case. The Obama administration backed Argentina in the case. The Supreme Court's ruling will resolve a split between the Second Circuit, and the Seventh, Fifth and Ninth Circuits, which have found that post-judgment subpoenas are potentially limited under the Foreign Sovereign Immunities Act of 1976.
Airbnb in court over housing laws
Airbnb, the website that allows homeowners to rent out properties online, is to appear in court in New York in a dispute over housing and hotel laws. The New York attorney general has asked Airbnb to disclose information about its users who may be acting illegally by renting out their homes. Airbnb says the laws in question were not meant to apply to people who occasionally rent out their properties. It is challenging the request for data. New York laws prevent homeowners renting out their entire homes for fewer than 30 days to prevent illegal hotels from operating. But according to reports, court documents filed by the attorney general say that more than 60% of Airbnb listings in New York City break that law. The documents also show that some users were offering multiple properties for rent. "Airbnb is simply looking out for its bottom line at the expense of a law that protects quality of life for building residents and safety for tourists,", a spokesman for the Attorney General said.
UK demands company transparency
Companies will be forced to list their true owners on a public register in a bid to combat tax evasion and money-laundering, business secretary Vince Cable has said. The list, which could be used by tax authorities, would tackle the "darker side of capitalism". The plans follow concerns that opaque UK corporate structures can be used to channel or hide illicit funds. Campaigners called it an "historic step" in the fight against corruption.
Google refunding buyers of fake app
Google is refunding users who unsuspectingly bought a fake anti-virus app from its Play Store. The Virus Shield app reached the number one ranking in the Play Store with over 10,000 downloads before it was removed. The fake app was uncovered by news site Android Police, which looked at the app's code and discovered it did nothing. As well as a full refund, users are being given credit to spend in the Play Store.
Proposed Brazil anti-terrorism law sparks human rights concerns
A new anti-terrorism bill presented in the Brazilian National Congress on Saturday shortly before the 2014 World Cup is scheduled to begin in June has raised concern among human rights groups who allege the law threatens free speech and peaceful assembly. Brazilian lawmakers argue the legislation is required to fill a missing piece in the Brazilian legal system as the country's international exposure grows. Additionally, supporters of the bill argue protests at last year's Confederations Cup demonstrate a legislative need because citizens engaged in protest of the match and public spending were sprayed with tear gas and confronted by riot police. The anti-terrorism bill would impose a 15-30 year jail sentence for "causing or inciting widespread terror by threatening or trying to threaten the life, the physical integrity or the health or liberty of a person." The broad language of the bill is a major point of concern for human rights groups, but the drafters of the law stated they will amend the language to clear up ambiguities. Two human rights groups are leading the challenge against the bill : the Institute of Human Rights Defenders and Amnesty International (AI). The rights groups believe any change in language will not alter the new police power embedded in the law, and the measure may criminalize freedom of expression.
Russia court finds opposition leader guilty of slander
Judge Anna Nekryach of the Babushkinsky district court on Tuesday found opposition leader Alexei Navalny guilty of slander. A Moscow City Duma Deputy, Aleksei Lisovenko filed the lawsuit after Navalny allegedly posed about Lisovenko on his Twitter account, calling the deputy a drug addict. Nekryach found that the comment constituted slander and ordered Navalny to pay a 300,000 ruble (USD $8,350) fine.
Feds say powdered liquor not actually legal
The federal government has approved seven labels of Palcohol but the Alcohol and Tobacco Tax and Trade Bureau said that this approval was an error. Palcohol is a dehydrated vodka or rum inside a little air-tight package. Tear open the package, sprinkle the powder into tonic water and voila! You've got a vodka tonic with an alcohol concentration about the same as a regular cocktail (about 20 proof but the exact alcohol concentration will depend on how much liquid you add). In other words, it's like an adult version of Kool Aid or Country Time Lemonade. For starters, each state has to set regulations for the sales and distribution of the powdered alcohol. It could take some states a while to get all the rules and laws on the books although California is well prepared for such innovations. It already has laid out rules and taxes for "powdered distilled spirits". And some in the business are unlikely to welcome the competition. "Most of this stuff would need to go through licensed wholesalers with a strong stake in the status quo," the lawyer writes. "So don't assume they will be eager to carry this." And then there's the question about safety and the potential for abuse.
Michigan university race ban upheld
The US Supreme Court has upheld a voter-approved ban on racial preferences in university admissions in the US state of Michigan. In a 6-2 ruling, the court said voters there had the right to prohibit public universities from taking race into account in admissions decisions. It was the latest blow to the 1960s civil rights movement-era system of race-based preferences in admissions. The decision could spur other states to push for similar ballot initiatives. "This case is not about how the debate about racial preferences should be resolved. It is about who may resolve it," Justice Anthony Kennedy wrote in the majority opinion in the case of Schuette v Coalition to Defend Affirmative Action. "The courts may not disempower the voters from choosing which path to follow," he added of the court's decision to reject a challenge to the constitutional amendment, passed by Michigan's white-majority electorate in 2006. In his opinion, Justice Kennedy wrote that nothing in the US constitution nor case law provided the court with the authority to undermine the state's election results on the matter. But in a stinging dissent, Justice Sonia Sotomayor, the first Hispanic person to sit on the high court, castigated the majority for allowing white voters to undermine the opportunities for advancement that race-based preferences offer to minority Americans.
Oklahoma executions delayed amid lethal drugs 'secrecy' row
The Oklahoma Supreme Court has delayed the execution of two murderers who challenged a state law preventing death row inmates learning the source of the drugs used to kill them. Last month, a judge ruled that the secrecy surrounding the source of the state's lethal injection drugs was unconstitutional. The court decision came as US states are having increasing trouble obtaining drugs used in executions, amid an embargo from European pharmaceutical firms. Critics say the states risk botching executions and causing unnecessary suffering with impure drugs.
Google under fire from European media tycoon
The boss of one of Europe's largest media companies has strongly criticized Google in an open letter printed in a German newspaper. Mathias Dopfner, chief executive of Axel Springer, says his company is afraid of Google and its power. He also asks in the letter, addressed to Google boss Eric Schmidt, whether Google intends to create a superstate where anti-trust and privacy laws don't apply. Google has not commented on the letter.
Online sales taxes shift consumer behavior, study shows
Technically, consumers are supposed to pay taxes on things they buy online. In fact, few do. Congress is considering a bill called the that would force many online sellers to collect sales taxes for the first time. In the meantime, some states have already enacted so-called Amazon taxes, forcing the giant online retailer to collect sales taxes the same way traditional brick-and-mortar stores do. Amazon doesn't charge sales tax in most states - but you may still be on the hook to pay the tax. Researchers found that sales fell about 10 percent in those states and consumers switched to other retailers - either to other online retailers, or to brick-and-mortar operations. Years of slow growth sent many state and local governments hunting for new sources of tax revenue. And online retail sales have been a big target. Proponents argue that collecting out-of-state online retail sales tax to their coffers.
Supreme Court to rule on Jerusalem birthplace law
The US Supreme Court on Monday granted certiorari in three cases slated for argument during the October 2014 term. In Zivotofsky v. Kerry, the court will address the constitutionality of a federal statute requiring the Secretary of State, on request, to endorse US passports and Consular Reports of Birth Abroad of US citizens born in Jerusalem with "Israel" as the place of birth. The US Court of Appeals for the District of Columbia Circuit found the statute unconstitutional on grounds that it "impermissibly infringe[d] on theresident's exercise of the recognition power."
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