President Obama is ordering the federal government to study smart gun technology.

On Monday, Obama told the departments of Defense, Justice and Homeland Security to look into smart gun technology, such as fingerprint and radio-frequency identification. The goals are to track lost or stolen guns and to prevent accidental gunfire. The president cited a 2013 Department of Justice report as inspiration for the studying smart gun technology. Obama was quoted saying that “…the (DOJ) made clear that technological advancement in this area could help reduce accidental deaths and the use of stolen guns in criminal activities…”

These actions and others were addressed in a speech from the White House on Tuesday by the President. Obama outlined this memo and other executive actions meant to tackle gun violence. This speech comes one month after 14 people in San Bernardino, California were fatally shot by a couple influenced by radical islamic beliefs. In response, gun sales rose sharply amid fear of extremists.

In addition to encouraging gun safety, these executive actions will expand background checks in order to  close the “gun show loophole”. This loophole allows gun dealers conducting business at gun shows or online to do so without conducting background checks. Current laws exempts gun collectors and hobbyists from conducting background checks before selling a firearm.

Although The President’s recommendations are consistent with the Second Amendment and supported by the “overwhelming majority of the American people, including gun owners”, it is unlikely to find support among gun rights groups. These groups have stated that smart technology is a way for the federal government to track gun owners.

Chris Cox, executive director of the National Rifle Association’s Institute for Legislative Action, said in a statement Tuesday that the NRA would not allow “law-abiding gun owners to become scapegoats for President Obama’s failed policies…The NRA will continue to fight to protect the fundamental, individual right to keep and bear arms as guaranteed under our Constitution.”

Obama plans to address gun violence during a nationally televised town hall meeting at George Mason University in Virginia on Thursday night. In his speech Tuesday, he recalled the 2012 shooting at Sandy Hook Elementary School in Connecticut that left 20 children and six teachers dead. Obama stated, “Every time I think about those kids, it gets me mad”.

In his memo, he continues with that sentiment stating that “…developing and promoting technology that would help prevent these tragedies is an urgent priority…”

Article via CNET, 6 January 2016

Photo: 44 by SAL [Creative Commons Attribution-NonCommercial-NoDerivs]

In the wake of the recent terrorist attacks in Paris, French law enforcement is considering banning public wi-fi. According to leaked documents by the French Ministry of the Interior, law enforcement wants to secure the Tor network when a state of emergency is declared by banning the use of the public wi-fi all together. The French newspaper La Monde  is said to have leaked the documents.

The city of Paris currently has over 300 locations that are serviced by public wi-fi and the Tor network. French law enforcement believes that public networks makes it harder to catch suspected terrorists who might be using the network to communicate to each other. The Tor network allows anonymity online and has also been used as a secure network for a drug marketplace. It is currently unclear if the Tor network was used during the Paris attacks and French law enforcement authorities are cautious about its possible use for ISIS communication in the future.

Blocking the Tor network completely would present a challenge for the French government. China is the only country that blocks Tor outright. To achieve this, the Chinese government has to block public entry nodes to the Tor network. In addition, China has to lookout for secret entry nodes. Unlike China, France promotes online freedom for its citizens. Therefore blocking the Tor network would infringe on the rights of French citizens. Since French law enforcement does not know if blocking Tor will have an effect on the ability for terrorist groups to communicate, it is a big risk. Encrypted social media chat apps like WhatsApp, in theory, are easier ways for terrorist groups to communicate without worrying about interference from the government.

The debate over privacy and national security seems to have just gotten started. New legislation that includes these stipulations may be presented to the French Parliament as early as January 2016. 

Article via Mashable, 8 December 2015

Photo: Paris November 2015 via Roberto Maldeno [Creative Commons Attribution-NonCommercial-NoDerivs]

Women have come a long way in the profession of law. For example, four women have been appointed to the Supreme Court to date, and makers are even trying to convince Lego to create figurines representing these women to encourage young girls to think about legal professions. With this in mind, antiquated views of women’s role in law firms seem not only uneducated but also comical. Consider this memo from a 1956 law firm on interviewing new lawyers. It starts off very bluntly, stating that “the firm desires to be candid about its preference for male applicants”, and the memo only gets worse from there. According to the instructions for hiring new lawyers, the firm does “not rate a girl applicant on equal terms with the men applicants” and if a male candidate’s and a female candidate’s resumes appear identical, “the man is given preference, barring some personality defect, on the grounds that being a man, he has probably had extra-curricular experience in the business world.” Even the word choice in the memo is significant: while female candidates are referred to as “girls”, implying they are juvenile, male candidates are referred to as “men”. The memo ends with the writer expressing the opinion that the firm will “not suffer” from preferring male candidates and therefore will continue doing so.

While the memo and the ideas it contains are old-fashioned and outdated, sexism still exists within the legal profession. For example, BMC Group, which provides “legal, financial and corporate information management solutions”, released an advertisement last December featuring a woman in a revealing outfit meant to resemble a business suit. After some viewers express negative opinions of the ad, BMC Group, rather than changing their advertising approach, hosted a party at the American Bankruptcy Institute’s southwest conference featuring the “BMC Group Bikini Girls”. Understandably, some women at the conference were reported to be “appalled” at the idea. Expressing one’s distaste with sexism with law can have negative consequences, though. Charlotte Proudman, a human rights lawyer, received a message from Brown Rudnick partner Alexander Carter-Silk via LinkedIn expressing several compliments concerning her picture on the site. Proudman proceeded to call out Carter-Silk’s publicly for sending her what she interpreted as a sexist message, explaining that women should be regarded for attributes other than just their appearance. Since the incident, Proudman has publicly stated that she misinterpreted Carter-Silk’s message and has apologized to him. The damage has been done, though; many have told Proudman that this incident has essentially ruined her career. The incident shows what the repercussions of calling out sexism within law can be for women, and perhaps explains why some simply choose to ignore it.

So how can law firms go about trying to support gender equality? The Women in the Workplace 2015 report, published by LeanIn.org and McKinsey & Company, offers several suggestions. Firms should begin by tracking metrics for both men and women within the firm such as promotion and salary amounts, how high-profile assignments are distributed, and how long members of different gender and minority groups stay with the firm. This allows each individual firm to assess and diagnose their unique problems. Additionally, firms should make it very clear that gender diversity is important by setting clear goals and creating training to reduce gender bias. Finally, firms should strive to level the playing field for men and women by dividing important assignments equally and encouraging networking and support programs for women.

Though true gender equality may still be a long way off—more than 100 years, according to the creators of the Women in the Workplace 2015 report—hopefully the legal profession can start making better strides towards reducing sexism.

Articles: Legal Justice League, n.d.; Above the LawSeptember 9, 2015; Above the LawSeptember 11, 2015; Above the LawSeptember 11, 2015; Above the LawOctober 2, 2015;

Photo: LEGO Legal Justice Team @ SCOTUS 03 via Maia Weinstock [Creative Commons Attribution-NonCommercial-NoDerivs]

A number of forensic devices use proprietary software to convict defendants. Breathalyzers, DNA testing, facial recognition, and other tools are not fail-proof mechanisms, but rather coded programs designed to test variables accurately. Unfortunately, these devices don’t always achieve that goal, and rulings in California, Pennsylvania, North Carolina, and Florida have determined that defendants are not legally granted access to the code that indicts them.

In California, for instance, Defendant Martell Chubbs is sentenced for a cold case murder committed in 1977. The only evidence is a DNA match configured by a proprietary software program. Chubbs requested access to the software’s source code so that he could compare the code to the currently established scientific procedure for DNA matching. He was denied on the grounds that the defense attorney might duplicate the code, resulting in financial losses for the manufacturer.

It’s not unreasonable that a forensic tool would be miscoded, either intentionally or not. The major car company Volkswagon had a recent scandal that highlighted intentional software glitches employed by well-known, regulated manufacturers. The company manipulated its code to cheat emission tests for 11 million diesel cars, each producing smog at 40 times the legal limit. Volkswagon’s actions carry the weight of an important message: any software program used for public purposes may contain mistakes, and those mistakes will never be discovered if the code is proprietary.

The Innocence Project found that debauched forensic science resulted in the wrongful convictions of 47 percent of exonerees. President Obama has stated that if cross-examination isn’t fair and thorough, forensic testimony is “nothing more than trial by ambush.”

Article via Future Tense, 6 October 2015

Photo: 2009 Gabrielli Family Law Moot Court Competition via Wake Forest University school of Law [Creative Commons Attribution-NonCommercial-NoDerivs]

Edward Snowden fled the US in 2013 after leaking classified documents to reporters. These documents revealed domestic surveillance by the NSA on United States citizens and ignited outrage and debate about security and surveillance. To escape arrest, Snowden left the country and resides in Russia, where he has been since 2013. Now he wants to come back home.

In an interview that aired Monday with the BBC, Snowden says that he has offered to go to jail in exchange for coming home, but has not received a response from the government. He stated, “I’ve volunteered to go to prison with the government many times”. He continues saying that “what I won’t do is I won’t serve as a deterrent to people trying to do the right thing in difficult situations.” This echoes a sentiment that he expressed in a Wired interview in 2014 where he said that he wouldn’t mind going to jail as long as his sentence “serves the right purpose.”

Snowden has been charged with 3 felonies in accordance to the Espionage act that  carry a sentence of over 30 years. His lawyers have objected to Snowden returning to the US because they believe that a trial with charges under the espionage act would not be fair. “The Espionage Act finds anyone guilty who provides any information to the public, regardless of whether it is right or wrong,” Snowden told the BBC. “You aren’t even allowed to explain to a jury what your motivations were for revealing this information. It is simply a question of, ‘Did you reveal information?’ If yes, you go to prison for the rest of your life.”

There continues to be ongoing debate as to whether Snowden is a patriot or a traitor. Those who see his actions as an act of patriotism have called for President Obama to grant Snowden a full pardon. But, when Secretary of State John Kerry visited Moscow in 2013 he called Snowden a traitor and a coward. Former Attorney General Eric Holder has indicated that a plea deal could be possible that can met the request of both the government and Snowden.

In the meantime, Snowden continues to use his status to speak out about issues of security and surveillance.

Article via TechCrunch, 6 October 2015

Photo: snowden via duluoz cats[Creative Commons Attribution-NonCommercial-NoDerivs]

The United Nations has created 17 Sustainable Development Goals, an action plan to solve the globe’s most important issues by 2030. Nonprofit founders, entrepreneurs, and social innovators are advocating around the world to execute the UN’s #globalgoals. One of these activists is Hera Hussain, a facilitator of workshops for MakeSense, a worldwide consortium of social entrepreneurs, and founder of the advocacy group Chayn. Hera Hussain is one of many activist and technologists considered to be “Local Globalists” as they seek solutions for the UN’s specified global problems.

Chayn’s mission is to use technology to empower women against violence and oppression. In the past, Chayn has organized hackathons to create solutions to end sexual violence in conflict zones and offered online toolkits to domestic abuse survivors so that they may be able to prepare their own legal cases. On September 25, the organization hosted a hackathon in Beirut called #PeaceHackBEY, in which technologists and activists invented solutions to social problems in Lebanon today. The hackathon occurred at a pivotal time, as anti-government protests have consumed Beirut in the past few weeks due to deficiencies in public services and resources to support the million-plus Syrian refugees currently in Lebanon.

“Tech and society are always further ahead than governments and governments are playing catch up, but we’re slowly starting to see this change,” Hussain says. “By using tech to fill gaps in access to information and justice, we can either complement efforts that governments and NGOs are already doing, or point out where they are failing.”

Article via GOOD, 22 September 2015

Photo: Brighton Digital Festival Hackathon Sponsored by iCrossing UK via iCrossing [Creative Commons Attribution-NonCommercial-NoDerivs]