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European Court Asked to Rule on Facebook Data Transfers
Legal Watch |
2017/09/27 13:57
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The European Court of Justice has been asked to consider whether Facebook's Dublin-based subsidiary can legally transfer users' personal data to its U.S. parent, after Ireland's top court said Tuesday that there are "well-founded concerns" the practice violates European law.
In a case brought after former U.S. defense contractor Edward Snowden revealed the extent of electronic surveillance by American security agencies, the Irish court found that Facebook's transfers may compromise the data of European citizens.
The case has far-reaching implications for social media companies and others who move large amounts of data via the internet. Facebook's European subsidiary regularly does so.
Ireland's data commissioner had already issued a preliminary decision that such transfers may be illegal because agreements between Facebook and its Irish subsidiary don't adequately protect the privacy of European citizens. The Irish High Court is referring the case to the European Court of Justice because the data sharing agreements had been approved by the European Union's executive Commission.
Ireland's data commissioner "has raised well-founded concerns that there is an absence of an effective remedy in U.S. law . for an EU citizen whose data are transferred to the U.S. where they may be at risk of being accessed and processed by U.S. state agencies for national security purposes in a manner incompatible" with the EU's Charter of Fundamental Rights, the Irish High Court said Tuesday.
Austrian privacy campaigner Maximillian Schrems, who has a Facebook account, had challenged this practice through the Irish courts because of concerns that his data was being illegally accessed by U.S security agencies. |
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With 2 in 3 months, Ohio executions could be back on track
Legal Watch |
2017/09/14 23:06
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Court rulings favorable to the state and the outcome of two executions in three months indicate Ohio could be on track to resume putting inmates to death regularly.
The state executed child killer Ronald Phillips in July and double killer Gary Otte on Wednesday in the state death chamber at the Southern Ohio Correctional Facility in Lucasville.
Witnesses said Phillips did not appear to be distressed. Otte’s chest rose and fell several times over two minutes in a fashion similar to some executions, though the movement appeared to go on longer than in the past.
Otte’s lawyers believe he suffered a phenomenon known as air hunger and plan to continue their challenge of Ohio’s use of a sedative called midazolam.
“My concerns were that he was obstructing, he was suffering air hunger, trying desperately to get air, and there were tears running down his face, which indicated to me that he was feeling pain or sensations,” federal public defender Carol Wright said after Wednesday’s execution.
Prisons spokeswoman JoEllen Smith said the procedure “was carried out in compliance with the execution policy and without complication.”
The next and last execution scheduled this year is Nov. 15, when the state plans to put Alva Campbell to death. A jury found Campbell, 69, guilty of killing 18-year-old Charles Dials 20 years ago after Campbell, who was in a wheelchair while feigning paralysis, escaped from a court hearing.
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Not guilty pleas entered in Lake Coeur d'Alene boat crash
Legal Watch |
2017/09/01 08:59
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A former Spokane advertising executive has pleaded not guilty to charges related to a boat crash on Lake Coeur d'Alene, Idaho, that killed three people last year.
The Spokesman-Review reports that Dennis Magner entered his pleas Friday to charges of involuntary manslaughter and criminal conspiracy.
The crash on July 30, 2016 killed 34-year-old Justin Luhr and two 21-year-old passengers, Justin Honken and Caitlin Breeze.
The three victims were struck as they sat in Luhr's anchored boat. It took several days for divers to recover their bodies.
In addition to Magner, the grand jury charged Jonathan Sweat of Spokane with criminal conspiracy based on false statements he made to investigators.
Sweat was a passenger on Magner's boat at the time of the crash.
The crash occurred when Magner's Mastercraft struck and went airborne over the top of Luhr's boat. The collision ripped the top off the cabin.
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Otter appoints new justice to Idaho Supreme Court
Legal Watch |
2017/08/28 14:55
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Idaho Gov. C.L. "Butch" Otter has appointed Twin Falls judge Richard Bevan to the state's highest court.
Otter announced Tuesday that Bevan — currently the 5th Judicial District's administrative judge — will replace retiring Idaho Supreme Court Justice Daniel Eismann. Bevan was among four other finalists vying for the open seat. Eismann will retire at the end of the month.
Bevan has been a judge since 2003, where he helped establish the 5th District's mental health court and presided over the Veterans Treatment Court. Previously, he was a private practice attorney and served a term as Twin Falls County prosecuting attorney.
Otter praised Bevan's judicial demeanor and understanding of the legal system, adding that Bevan has shown to have open mind on tough, socially significant issues.
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German court sends ECB challenge to European court
Legal Watch |
2017/08/15 23:07
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Germany's top court has declined to hear a series of challenges to the European Central Bank's bond-buying stimulus program, referring them instead to the European Court of Justice.
The dpa news agency reports Tuesday that those against the program claimed it constituted illegal budget financing and that Germany's central bank should not be participating.
The Federal Constitutional Court ruled that because the challenge was about European Union regulations, it was up to the European court to decide.
The ECB's 2.28 trillion euro ($2.7 trillion) bond-purchasing program is only due to run through 2017, raising the question of whether the case can be heard before the program has already ended.
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Mizzou's Howard arrested again for failing to appear in court
Legal Watch |
2017/08/14 23:07
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Missouri defensive end Nate Howard, already suspended and facing a felony drug charge, was arrested again Monday night by UMPD for an out-of-county warrant for failing to appear in court for a speeding ticket in Montgomery County.
Howard had a ticket arraignment scheduled for last Thursday in Montgomery Circuit Court for a misdemeanor speeding ticket filed March 28. Howard didn't pay the ticket for $121 or appear in court to contest the charge, according to online court records.
Howard was contacted during a traffic stop Monday when MU police discovered the warrant, MUPD Lt. Buddy Anliker said in an email.
Howard's next court date in his felony drug possession case is Aug. 24. Howard, a former All-Metro standout at Ladue High School, was arrested June 14 in Columbia on suspicion of possession of a controlled substance and suspicion of marijuana possession when police found illegal mushrooms and marijuana in the vehicle he was driving. Howard has been charged with a class D felony for possession of a controlled substance. All MU athletes charged with a felony are suspended indefinitely until their case is resolved.
Howard has not practiced with the Tigers since the spring and is not on the current 105-man roster. Howard has 15 tackles in 15 career games.
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German court orders sentence enforced in Chile abuse case
Legal Watch |
2017/08/06 23:08
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A court in western Germany has ruled that a German man must serve the sentence of a Chilean court for his role in the sexual abuse of children at a secretive German colony in Chile.
The dpa news agency reported Monday that the court in the town of Krefeld said Hartmut Hopp must serve in Germany the five-year sentence given to him by a Chilean court in 2011 for 16 counts of aiding in the sexual abuse of children.
The crimes took place at the Colonia Dignidad enclave, where residents were physically and psychologically abused for three decades beginning in 1961 after moving there from Germany.
Hopp fled to Germany before the verdict took legal effect. The 73-year-old denies the charges and his attorney says he will appeal the ruling.
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