JURIST Supported by the University of Pittsburgh
PAPER CHASE ARCHIVEDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.
Listen to Paper Chase!


Legal news from Sunday, October 24, 2010




UK privacy commission to re-open Google investigation
Erin Bock on October 24, 2010 4:10 PM ET

Photo source or description
[JURIST] The UK Information Commissioner's Office (ICO) [official website] announced Saturday that it will re-open an investigation into Google [corporate website; JURIST news archive] after the company announced [text] that privacy breaches earlier this year were more serious than originally reported. The UK Metropolitan Police [official website] launched an investigation [JURIST report] in June into whether Google violated privacy laws after the company inadvertently collected data on unsecured wireless networks while photographing streetscapes for its Street View maps program. The investigation began after an advocacy group complained that the interception of unencrypted data was not inadvertent [JURIST report]. The initial investigation revealed no wrongdoing, but the ICO has announced that it will re-examine data samples [Guardian report] in light of Google's recent announcement that entire URLs, emails and passwords were captured in some instances. The ICO has the authority to impose a fine of up to 500,000 pounds for breaches of privacy, but such a fine has yet to be issued under the six-month-old law. The ICO indicated that it will demand information [The Independent report] from Google before deciding whether to fine the company. Alan Eustace, Google's Senior Vice President of Engineering and Research, apologized on the company's blog and stated that the company "did not know for sure" what information it had collected when it made the May announcement. Google also indicated that the company will undergo structural changes to prevent the recurrence of such problems.

Multiple countries have launched investigations into Google's privacy breach over inadvertent data collection from Street View vehicles, including Canada, Australia and the US [JURIST reports] and the UK conducted investigations to determine if the breach and Google's practices violated privacy laws]. Earlier this month, Canadian Privacy Commissioner Jennifer Stoddart announced that Google was in violation [JURIST report] of the country's Personal Information Protection and Electronic Documents Act [text, PDF] (PIPEDA). In July, the Australian Privacy Commissioner announced [JURIST report] that its investigation revealed Google's actions violated the Australia Privacy Act [government backgrounder]. In response to these findings, Google issued an apology on its official Australian blog [text], and agreed to conduct a privacy impact assessment on any new Street View data collection activities in Australia and regularly consult with the privacy commissioner about personal data collection activities arising from significant product launches. Spain announced in August that it was launching an investigation [JURIST report] into potential privacy law violations. Also in August, the South Korean National Police Agency (SKNPA) [official website, in Korean] raided the Google South Korean headquarters [JURIST report] in connection with accusations that the company had been illegally acquiring user data.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


US environmental group sues to reinstate drilling moratorium
Dwyer Arce on October 24, 2010 11:28 AM ET

Photo source or description
[JURIST] The Center for Biological Diversity [advocacy website] filed a lawsuit [complaint, PDF, press release] Friday against Interior Secretary Ken Salazar, seeking to have the deepwater drilling moratorium [JURIST news archive] reinstated. The lawsuit, filed in the US District Court for the District of Columbia [official website], argues that Salazar's order to lift the ban without conducting a comprehensive review of the effects of drilling on wildlife and the environment violated the National Environmental Policy Act (NEPA) [42 USC § 4321-4347] and is arbitrary and capricious. Earlier this month, Salazar announced the end of a six-month moratorium [JURIST report] on certain types of deepwater oil drilling, seven weeks ahead of schedule. The moratorium was put in place following the Deepwater Horizon oil spill [JURIST news archive] in April, in which the Center states spilled more than "200 million gallons of oil into the Gulf of Mexico." In explaining the need for the reinstatement, the center said:
The Secretary's failure to include and inform the public in NEPA's decisionmaking process violates NEPA's requirement that agencies make the relevant information available to the public so that it may also play a role in both the decision-making process and the implementation of the proposed activity. In the aftermath of the worst environmental disaster in American history it is arbitrary and capricious and in violation of NEPA for the Secretary to withhold from public notice, comment, and review the Environmental Assessment prior to making his decision.
The lawsuit comes as the Department of Interior (DOI) [official website] is considering granting the first drilling permit [WP report] since lifting the moratorium.

In lifting the drilling ban, Salazar said that new drilling regulations enacted earlier this month [JURIST report] and industry safety strategies developed in the wake of the spill have reduced the likelihood of future incidents such that the ban is no longer needed. Salazar said that, while he is satisfied with recent progress, efforts to tighten safety regulations on deepwater drilling operations would continue. Last month, a federal judge denied [JURIST report] the government's motion to dismiss a lawsuit filed by several drilling companies challenging the latest offshore drilling moratorium. The ruling held that there were "no substantial changes" between the July 12 directive and its predecessor, issued on May 28, that the new moratorium did nothing to amend or prevent the wrongs found in the first and that the wrongful behavior alleged in the original order could reasonably be expected to occur as a result of the more recent iteration. The US District Court for the Eastern District of Louisiana [official website] rejected a request to reinstate [JURIST report] the May 28 ban in July, weeks after the US Court of Appeals for the Fifth Circuit [official website] similarly declined [JURIST report].




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Iraq high court rules delay in government formation unconstitutional
Dwyer Arce on October 24, 2010 10:49 AM ET

Photo source or description
[JURIST] The Iraqi Supreme Court ruled Sunday that the seven-month delay in forming a government following the March parliamentary elections [CEIP backgrounder; JURIST news archive] was unconstitutional, ordering parliament to reconvene. The lawsuit was filed by an independent group [WP report] after the parliament failed to elect a parliamentary speaker during a brief session in June. The parliament failed to formally close the session in an attempt to circumvent constitutional constraints in forming the new government. Under the Iraqi Constitution [text, PDF], the speaker is responsible for electing a president, who then asks the largest political bloc to form the government. The delay can be attributed in part to the close results of the March elections. The secular Iraqiya alliance, led by Iyad Allawi [Al Jazeera profile], holds a slim two-seat lead over the Shiite State of Law [party website] coalition of incumbent Prime Minister Nouri al-Maliki [BBC profile]. Acting Speaker Fouad Massoum said Sunday that he would abide by the ruling [AP report] and expects to announce the date of the next session by the end of the week.

In August, UN Secretary-General Ban Ki-moon [official website] called for Iraq's political leaders to work together [JURIST report] "with a higher sense of urgency" to form a new government, warning that further delays could create more instability. Ban expressed the concern that the delay could lead to a "growing sense of uncertainty in the country" and prevent the parliament from addressing pressing domestic issues, including Arab-Kurdish disputed areas revenue-sharing, the adoption of legislation related to hydrocarbons, relations among the federal and regional governments, the constitutional review process and the strengthening of institutions of governance and the rule of law. In June, the Supreme Court ratified the final results [JURIST report] of the elections, officially confirming the narrow victory for the secular Iraqiya alliance. Allawi hopes Iraqiya's victory will be a turning point for bipartisan participation among the religious sects, but his goal of unification may be thwarted, as Maliki's bloc has already announced an alliance with the Shia Iraqi National Alliance, which polled third, to form the largest grouping in parliament.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page

For more legal news check the Paper Chase Archive...


LATEST OP-ED

Is Egypt's Stance on the Blue Nile Dam Legally Justified?
DOMESTIC
Zeray Yihdego
University of Aberdeen School of Law

Get JURIST legal news delivered daily to your e-mail!

SYNDICATION

Add Paper Chase legal news to your RSS reader or personalized portal:
  • Add to Google
  • Add to My Yahoo!
  • Subscribe with Bloglines
  • Add to My AOL

E-MAIL

Subscribe to Paper Chase by e-mail. JURIST offers a free once-a-day digest [sample]. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.


R|mail e-mails individual Paper Chase posts through the day. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.

PUBLICATION

Join top US law schools, federal appeals courts, law firms and legal organizations by publishing Paper Chase legal news on your public website or intranet.

JURIST offers a news ticker and preformatted headline boxes updated in real time. Get the code.

Feedroll provides free Paper Chase news boxes with headlines or digests precisely tailored to your website's look and feel, with content updated every 15 minutes. Customize and get the code.

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org