Topic: Law (Page 6)

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πŸ”— Wikimedia Foundation v. NSA

πŸ”— Mass surveillance πŸ”— Law

Wikimedia Foundation, et al. v. National Security Agency, et al. is a lawsuit filed by the American Civil Liberties Union (ACLU) on behalf of the Wikimedia Foundation and several other organizations against the National Security Agency (NSA), the United States Department of Justice (DOJ), and other named individuals, alleging mass surveillance of Wikipedia users carried out by the NSA. The suit claims the surveillance system, which NSA calls "Upstream", breaches the First Amendment to the United States Constitution, which protects freedom of speech, and the Fourth Amendment to the United States Constitution, which prohibits unreasonable searches and seizures.

The suit was filed in the United States District Court for the District of Maryland as the NSA is based in Fort Meade, Maryland. The suit was dismissed in October 2015 by Judge T. S. Ellis III; this decision was appealed four months later to the Fourth Circuit Court of Appeals by the Wikimedia Foundation. The Court of Appeals found that the dismissal was valid for all of the plaintiffs except the Foundation, whose allegations the court found "plausible" enough to have legal standing for the case to be remanded to the lower court.

The original plaintiffs besides the Wikimedia Foundation were the National Association of Criminal Defense Lawyers, Human Rights Watch, Amnesty International USA, the PEN American Center, the Global Fund for Women, The Nation magazine, the Rutherford Institute, and the Washington Office on Latin America.

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πŸ”— Nothwithstanding Clause lets Canadian Provinces violate Constitutional rights

πŸ”— Human rights πŸ”— Canada πŸ”— Law πŸ”— Canada/Canadian law

Section 33 of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. It is commonly known as the notwithstanding clause (French: clause dΓ©rogatoire or clause nonobstant), sometimes referred to as the override power, and it allows Parliament or provincial legislatures to temporarily override sections 2 and 7–15 of the Charter.

πŸ”— List of National Emergencies in the United States

πŸ”— United States/U.S. Government πŸ”— United States πŸ”— Law πŸ”— Lists

A national emergency is a situation in which a government is empowered to perform actions not normally permitted. The 1976 National Emergencies Act implemented various legal requirements regarding emergencies declared by the President of the United States.

Between the enactment of the National Emergencies Act in 1976 through March 13, 2020, 61 emergencies have been declared; 27 have expired while 34 are currently in effect, each having been renewed annually by the president.

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πŸ”— Man on the Clapham Omnibus

πŸ”— Law πŸ”— England

The man on the Clapham omnibus is a hypothetical ordinary and reasonable person, used by the courts in English law where it is necessary to decide whether a party has acted as a reasonable person would – for example, in a civil action for negligence. The character is a reasonably educated, intelligent but nondescript person, against whom the defendant's conduct can be measured.

The term was introduced into English law during the Victorian era, and is still an important concept in British law. It is also used in other Commonwealth common law jurisdictions, sometimes with suitable modifications to the phrase as an aid to local comprehension. The route of the original "Clapham omnibus" is unknown but London Buses route 88 was briefly branded as "the Clapham Omnibus" in the 1990s and is sometimes associated with the term.

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πŸ”— LΓ¨se-majestΓ©

πŸ”— Law πŸ”— Royalty and Nobility

Lèse-majesté ( or ;), a French term meaning "to do wrong to majesty", is an offence against the dignity of a reigning sovereign or against a state.

This behaviour was first classified as a criminal offence against the dignity of the Roman Republic of ancient Rome. In the Dominate, or Late Empire period, the emperors eliminated the Republican trappings of their predecessors and began to identify the state with their person. Although legally the princeps civitatis (his official title, meaning, roughly, 'first citizen') could never become a sovereign because the republic was never officially abolished, emperors were deified as divus, first posthumously but by the Dominate period while reigning. Deified emperors enjoyed the same legal protection that was accorded to the divinities of the state cult; by the time it was replaced by Christianity, what was in all but name a monarchical tradition had already become well-established.

Narrower conceptions of offences against Majesty as offences against the crown predominated in the European kingdoms that emerged in the early medieval period. In feudal Europe, some crimes were classified as lèse-majesté even if they were not intentionally directed against the crown. An example is counterfeiting, so classified because coins bore the monarch's effigy and/or coat of arms.

With the disappearance of absolute monarchy in Europe (with exception of Vatican City), lèse-majesté came to be viewed as less of a crime. However, certain malicious acts that would have once been classified as the crime of lèse-majesté could still be prosecuted as treason. Future republics that emerged as great powers generally still classified as a crime any offence against the highest representatives of the state. These laws are still applied as well in monarchies outside of Europe, such as modern Thailand and Cambodia.

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πŸ”— Mulford Act

πŸ”— California πŸ”— Law

The Mulford Act was a 1967 California bill that repealed a law allowing public carrying of loaded firearms. Named after Republican assemblyman Don Mulford, and signed into law by governor of California Ronald Reagan, the bill was crafted with the goal of disarming members of the Black Panther Party who were conducting armed patrols of Oakland neighborhoods, in what would later be termed copwatching. They garnered national attention after Black Panthers members, bearing arms, marched upon the California State Capitol to protest the bill.

Assembly Bill 1591 was introduced by Don Mulford (R) from Oakland on April 5, 1967, and subsequently co-sponsored by John T. Knox (D) from Richmond, Walter J. Karabian (D) from Monterey Park, Frank Murphy Jr. (R) from Santa Cruz, Alan Sieroty (D) from Los Angeles, and William M. Ketchum (R) from Bakersfield. AB-1591 was made an β€œurgency statute” under Article IV, Β§8(d) of the Constitution of California after β€œan organized band of men armed with loaded firearms [...] entered the Capitol” on May 2, 1967; as such, it required a 2/3 majority in each house. It passed the Assembly (controlled by Democrats, 42:38) at subsequent readings, passed the Senate (controlled by Democrats, 20:19) on July 26 by 29 votes to 7, and was signed by Governor Ronald Reagan on July 28, 1967. The law banned the carrying of loaded weapons in public.

Both Republicans and Democrats in California supported increased gun control, as did the National Rifle Association of America. Governor Ronald Reagan, who was coincidentally present on the capitol lawn when the protesters arrived, later commented that he saw "no reason why on the street today a citizen should be carrying loaded weapons" and that guns were a "ridiculous way to solve problems that have to be solved among people of good will." In a later press conference, Reagan added that the Mulford Act "would work no hardship on the honest citizen."

The bill was signed by Reagan and became California penal code 25850 and 171c.

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πŸ”— R vs. Adams

πŸ”— Law πŸ”— Statistics πŸ”— United Kingdom

R v Adams [1996] EWCA Crim 10 and 222, are rulings in the United Kingdom that banned the expression in court of headline (soundbite), standalone Bayesian statistics from the reasoning admissible before a jury in DNA evidence cases, in favour of the calculated average (and maximal) number of matching incidences among the nation's population. The facts involved strong but inconclusive evidence conflicting with the DNA evidence, leading to a retrial.

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πŸ”— Beerware License: Best Open Source License Ever.

πŸ”— Computing πŸ”— Law πŸ”— Computing/Software πŸ”— Computing/Free and open-source software

Beerware is a somewhat tongue-in-cheek term for software released under a very relaxed license (beerware licensed software). It provides the end user with the right to use a particular program (or do anything else with the source code).

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πŸ”— Bitcoin Cryptocurrency

πŸ”— Internet πŸ”— Computing πŸ”— Computing/Computer hardware πŸ”— Finance & Investment πŸ”— Economics πŸ”— Law πŸ”— Computing/Software πŸ”— Computing/Free and open-source software πŸ”— Computing/Computer science πŸ”— Cryptography πŸ”— Cryptography/Computer science πŸ”— Numismatics πŸ”— Guild of Copy Editors πŸ”— Numismatics/Cryptocurrency πŸ”— Cryptocurrency πŸ”— Open πŸ”— Computing/Computer Security

Bitcoin (β‚Ώ) is a cryptocurrency. It is a decentralized digital currency without a central bank or single administrator that can be sent from user to user on the peer-to-peer bitcoin network without the need for intermediaries.

Transactions are verified by network nodes through cryptography and recorded in a public distributed ledger called a blockchain. Bitcoin was invented in 2008 by an unknown person or group of people using the name Satoshi Nakamoto and started in 2009 when its source code was released as open-source software. Bitcoins are created as a reward for a process known as mining. They can be exchanged for other currencies, products, and services. Research produced by University of Cambridge estimates that in 2017, there were 2.9 to 5.8 million unique users using a cryptocurrency wallet, most of them using bitcoin.

Bitcoin has been criticized for its use in illegal transactions, its high electricity consumption, price volatility, and thefts from exchanges. Some economists, including several Nobel laureates, have characterized it as a speculative bubble. Bitcoin has also been used as an investment, although several regulatory agencies have issued investor alerts about bitcoin.

πŸ”— The court case that allowed us to connect to the phone network

πŸ”— United States πŸ”— Law

Hush-A-Phone v. United States, 238 F.2d 266 (D.C. Cir. 1956) was a seminal ruling in United States telecommunications decided by the D.C. Circuit Court of Appeals. Hush-A-Phone Corporation marketed a small, cup-like device which mounted on the speaking party's microphone, reducing the risk of conversations being overheard and increasing sound fidelity for the listening party. At the time, AT&T had a near-monopoly on America's phone system, even controlling the equipment attached to its network. In this era, Americans had to lease equipment from "Ma Bell" or use approved devices. At this time Hush-A-Phone had been around for 20 years without any issues. However, when an AT&T lawyer saw one in a store window, the company decided to sue on the grounds that anything attached to a phone could damage their network.

AT&T, citing the Communications Act of 1934, which stated in part that the company had the right to make changes and dictate "the classifications, practices, and regulations affecting such charges," claimed the right to "forbid attachment to the telephone of any device 'not furnished by the telephone company.'"

Initially, the Federal Communications Commission (FCC) ruled in AT&T's favor. It found that the device was a "foreign attachment" subject to AT&T control and that unrestricted use of the device could, in the commission's opinion, result in a general deterioration of the quality of telephone service.

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