Month: February 2016

Julian Assange should be free according to UN ruling

February 8, 2016 Abby Shulman Leave a comment Citizen Justice, Criminal Law, Human Rights, Justice

After nearly four years of being camped out in a converted office in the Ecuadorian embassy in London, Wikileaks founder Julian Assange awaited the United Nations ruling about his detention with anticipation. The verdict: Assange, according to the UN, has been “arbitrarily detained” since June 2012 given that he had not been provided due legal process prior to arrest.

The UK government disagrees. “This changes nothing,” a government representative said. “An allegation of rape is still outstanding and a European Arrest Warrant in place, so the UK continues to have a legal obligation to extradite him in Sweden.” Assange declined to respond to any allegations of sexual assault following the UN ruling, but his lawyer stated in 2010 that the charges were part of a “honeytrap” to discredit Assange.

Assange spoke to journalists via video webcast following the ruling. “I consider the outcome in this case to be vindication,” he said. “It is now the task of the United Kingdom and Sweden to implement the verdict.” He further described his detention as “illegal, immoral, [and] unethical.”

The UN Working Group on Arbitrary Detention (UNWGAD) argued that the Wikileaks founder has suffered “deprivation of liberty” since 2010, when he was sentenced to ten days in Wandsworth Prison and then 550 days under house arrest. Edward Snowden commented on the UK’s response to the ruling, saying that it “writes a pass for every dictatorship to reject UN rulings.”

Assange agreed, saying that his arrest would be a blow to international human rights efforts. “What right does this government, or the US government, or the Swedish government have to deny my children their father for five and a half years without any charges in any country?” he asked.

Article via CNET, 5 February 2016
Photo: Julian Assange Supporters — Embassy of Ecuador, Knightsbridge, London by Marshall24  [Creative Commons Attribution-NonCommercial-NoDerivs]

Trans-Pacific Partnership steeped in controversy

February 5, 2016 Abby Shulman Leave a comment Economy, Government, Trade

Nearly half of the world’s GDP teeters on the passage of the Trans-Pacific Partnership, a 622-page document between the United States and 11 other Pacific Rim countries. Opponents consider it “the dirtiest trade deal you’ve never heard of” due to the secrecy surrounding the negotiations. The 11 other countries included in the deal include Australia, Singapore, New Zealand, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, Peru and Vietnam.

Negotiations that started in 2010 were kept fully secret until a 2013 Wikileaks release of the document’s chapter on Intellectual Property Rights. The leak exposed what was to come in terms of copyrighting, digital rights management (DRM) and torrenting—the downloading and sharing of large files. Copyright infringement would be met with “criminal procedures and penalties… of sufficient severity to provide a deterrent” for further offenses.

The US Electronics Frontiers Foundation commented on TPP, saying,“We have to do everything we can to stop this agreement from getting signed, ratified, and put into force.”

The agreement was completed in October 2015, but each of the 12 countries needs to pass the contract in their respective countries. On the Office of the United States Trade Representative’s website, the TPP is advertised as “leveling the playing field for American workers and American businesses.”

“The Trans-Pacific Partnership (TPP) writes the rules for global trade—rules that will help increase Made-in-America exports, grow the American economy, support well-paying American jobs, and strengthen the American middle class,” the website writes.

Article via CNET, February 6, 2016

Photo: Eimskip Ship via Corey Templeton [Creative Commons Attribution-NonCommercial-NoDerivs]

Can ‘borrower defense’ help forgive student debt?

February 5, 2016 Joyce Varghese Leave a comment Education, In the Law

A once obscure federal law is being cited by more than 7,500 borrowers who applied to have their debt erased because many schools apparently used illegal recruiting tactics.

Wall Street Journal reported that if schools violate a state law regarding the recruiting process, federal law states that students may receive forgiveness of debt from the government’s Direct Loan program. One example of a violation would be if the school lied about how many of its graduates landed jobs.

Unfortunately, there are some downsides. The law does not specifically state what is needed to prove fraud. The U.S. Education Department is presently drafting rules to provide clarification.

Most of the 7,500 borrowers that are seeking loan forgiveness attended private universities and 3/4 of those colleges were owned by now-defunct Corinthian Colleges. But, Above the Law says some unemployed law grads are encouraged to apply for loan forgiveness through this program known as “borrower defense”  or “defense to repayment.”

In spite of the negatives, Above the Law sees a positive beyond individual borrowers who might be able to benefit. In a blog, they state this: “If enough borrowers are granted relief under the borrower defense program, the Department of Education will eventually start investigating law schools that continue to admit under-qualified students who end up with no jobs and are unable to pass the bar exam.”

Article via ABA Journal, February 4, 2016

Photo: 2011 10 06 – 1237 – Washington DC – Occupy DC via thisisbossi [Creative Commons Attribution-NonCommercial-NoDerivs]

Yahoo sued for gender bias by male employee

February 5, 2016 Astrid Countee Leave a comment Business, Criminal Law, Legal News, Tech

Yahoo is being sued by a former employee that claims that he was discriminated against for being male.

Gregory Anderson, who was employed in Yahoo’s media division was fired in November 2014.  He filed a lawsuit against the tech giant, alleging the company’s performance management system was arbitrary and unfair. Anderson “alleges that Mayer encouraged and fostered the use of the QPR Program to accommodate management’s subjective biases and personal opinions, to the detriment of Yahoo’s male employees.”

The QPR Program at Yahoo is the controversial quarterly performance review program that ranks employees and then fires the lowest ranking ones. In the Media division, where Anderson was an editor, the complaint says that when male and female employees got equally low scores (anything under 3), the women were favored and the men were fired. What’s worse, in the case that both male and female employees got the same score, the men were fired and the female employee took over the male employees job.

This isn’t the first discrimination lawsuit to be tied to a stack ranking system. In the early 2000s, a cascade of cases against Ford, Goodyear, and Capital One, alleged that such systems led to age discrimination against older employees

The lawsuit also alleges that in addition to discriminating against men, Yahoo fires people without just cause and did not give 60 days’ notice to staff affected in mass layoffs. In California, layoffs are defined as terminating more than 50 people at one time, therefore not providing notice violates California law. In addition to the complaint about the way that people were fired, Anderson’s complaint also alleges that there was unfair gender based biased for hiring.  Former Chief Marketing Officer Kathy Savitt, almost exclusively hired women into management positions in Yahoo’s media division.

Under Title VII of the 1964 Civil Rights Act and also California’s Fair Employment and Housing Act, discrimination on the basis of sex is illegal. It doesn’t matter which gender the person happens to be.

“The Anderson lawsuit raises the question of how to correct lingering gender discrimination against women and suggests that the answer is not yet more illegal discrimination,” wrote Anderson’s attorney Jon Parsons in a statement about the lawsuit.

Article via Huffington Post, 4 February 2016

Photo: Yahoo! by Eric Hayes [Creative Commons Attribution-NonCommercial-NoDerivs]

Natural gas leak leads to criminal charges

February 4, 2016 Astrid Countee Leave a comment Criminal Law, Enviro Justice, Government, Legal News

Over 100 days after the beginning of a natural gas leak near the the Porter Ranch neighborhood, criminal charges are being brought against Southern California Gas Company. Los Angeles County District Attorney Jackie Lacey has filed charges due to failing to immediately report the natural gas leak at its Aliso Canyon facility to proper authorities, her office announced Tuesday. Southern California Gas Company is being charged with four misdemeanor counts: three counts of failing to report the release of hazardous material from Oct. 23 to Oct. 26 and one count for the discharge of air contaminants starting Oct. 23 through the present, according to the complaint.

In late November, 58,000 kilograms of methane per hour have been leaking into the atmosphere due to the breach. Since then, the natural gas leak has released emissions equivalent to burning more than 862,000 gallons of gasoline.

Methane is the primary component of natural gas, and can leak almost anywhere in the supply chain. Methane leaks like this, are a contributing factor to climate change and the overall warming of the environment. Figures from 2007 showed that there are about 400 underground methane storage sites like Aliso Canyon (Southern California Gas Co. current major leak), and these storage facilities are poorly regulated. There’s little federal oversight of such facilities, and the state is not consistent with enforcing regulations. This lack of oversight creates opportunities for such large leaks to go unnoticed and in this case, unaddressed for so long. Souther California Gas Company say that the leak will finally be stopped by late this month, but the methane will linger in the atmosphere, most likely for decades.

The gas company could be fined up to $25,000 a day for each day that it failed to notify the California Office of Emergency Services and up to $1,000 per day for air pollution violations.

“It is important that Southern California Gas Co. be held responsible for its criminal actions… We will do everything we can as prosecutors to help ensure that the Aliso Canyon facility is brought into compliance,” stated District Attorney Jackie Lacey in a written statement.  “I believe we can best serve our community using the sanctions available through a criminal conviction to prevent similar public health threats in the future.”

Arraignment for the company is set for Feb. 17 at the Santa Clarita Branch of the Los Angeles County Superior Court.

Article via fivethirtyeight.com, 3 February, 2016; Daily News, 2 February 2016

Photo Demonstrating On The Leak by Greenpeace USA [Creative Commons Attribution-NonCommercial-NoDerivs]

Family reunited in India with the help of Twitter

February 3, 2016 Joyce Varghese Leave a comment Social Media

The power of social media is evident in India. On Sunday, January 31, Delhi police organized a unique rescue reuniting a lost Alzheimer’s patient with her family in just 2 hours with the help of Twitter.

A police van discovered 80-year-old Kamla Gupta in north Delhi. The city’s Deputy Commissioner of Police Madhur Verma tweeted her details. Gupta, an Alzheimer’s patient, had lost her way after visiting a temple that morning. She could not remember her home address even after being taken to the police station.

The tweet included a photo of her and a text saying “Smt Kamla Gupta, 80..found in Ashok Vihar..unable to recall her address. If u identify pls contact PS Ashok Vihar.”

Soon after the tweet, a businessman named Vishal Kumar shared the information on a Facebook group. After the family reached out to him, Kumar then connected the family to Deputy Verma. Kamla Gupta was reunited with her family in a few hours.

Madhur Verma tweeted a picture of the family together saying, “That’s the power of social media. Thanks @TwitterIndia. Family members of Mrs Kamla Gupta traced in less then 2 hrs!”

Police forces in several Indian cities are increasingly using social media as a means to communicate with their citizens. Their pages offer updates on crime and troubleshoot problems and solutions. The Delhi police created its own Twitter in December 2015. Deputy Verma however has been using Twitter since 2014. In March 2015, he received accolades on his role in rescuing 3 lost children stranded at a railway station in Delhi. A journalist tweeted photographs of the kids and Verma launched a search mission to help reunite them with their parents.

“Twitter is a great platform for reaching out to citizens, and presenting our side of the story. If you are available online and on social media, you can catch the pulse of the society and even challenge unfounded rumors,” Verma says.

Article via Mashable, February 1, 2016

Photo: Twitter Superman via Irish Typepad [Creative Commons Attribution-NonCommercial-NoDerivs]