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Legal news from Sunday, May 8, 2011




Ecuador voters approve judicial and social reforms
Drew Singer on May 8, 2011 3:41 PM ET

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[JURIST] Ecuadorian voters on Saturday approved [results, in Spanish] a series of judicial, social and other governmental reforms backed by President Rafael Correa [official website, in Spanish; BBC profile]. The judicial reforms will dissolve the standing oversight body and replace it with a temporary body to oversee the restructuring of the national court system. Other referendum items [text, PDF, in Spanish] will allow longer detentions of suspected criminals without charge, and include a prohibition on gambling and casinos, limits on bullfighting and cockfighting, as well as the banning of media companies from owning non-media companies. Correa claimed victory [CBC report] Saturday night over the results, which he argues are necessary to diffuse power. Opponents have claimed that the measures are aimed at solidifying power and quieting dissent, and have accused Correa of following the authoritarian model of Venezuelan President Hugo Chavez [JURIST news archive].

The referendum was first certified [JURIST report] by the Constitutional Court of Ecuador [official website, in Spanish] in February. In October, the Ecuadorian government announced it would revise a controversial austerity law following unrest [JURIST report] and a suspected coup attempt in September. Police officers fired tear gas at Correa, surrounded the hospital at which he was being treated and trapped him there for 12 hours while protesting the public service law, which they feared would reduce their pay and benefits. In September 2008, Ecuadorian voters overwhelmingly approved a new constitution [JURIST report] that consolidated and significantly expanded the powers held by Correa, including the power to dissolve the legislature and pass laws by decree.




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US lawmakers release draft online child privacy act
Sarah Posner on May 8, 2011 12:53 PM ET

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[JURIST] US Representatives Edward Markey (D-MA) and Joe Barton (R-TX) [official websites] released a draft bill [text, PDF] Friday that would restrict companies from tracking the Internet activity of minors without parental consent. The Do Not Track Kids Act of 2011 would amend existing federal law passed in 1998 due to changes in the internet and studies demonstrating the increased use of the internet by children. The new legislation would prevent companies from using the information of Internet users under 18 for targeted marketing purposes. The bill would also allow parents to remove the already collected information of their children from the Internet and would create a "Digital Marketing Bill of Rights for Teens" to restrict the collection of personal information of minors. Markey outlined the need for legislation action [press release]:
[K]ids growing up in this online environment ... need protection from the dangers that can lurk in cyberspace. Unfortunately, 'Where the Wild Things Are' can apply to the 21st century Internet and the beloved children's book. That's why to ensure that kids are protected, I am releasing this discussion draft of the 'Do Not Track Kids Act of 2011' so that kids do not have their online behavior tracked or their personal information collected or used without permission
The bill is among various proposed legislation that protects privacy online and requires online firms to provide an option for users not to be tracked.

In March, the Obama administration backed Internet privacy legislation [JURIST report] at a Senate hearing. The hearing followed reports released in December 2010 by the US Department of Commerce and the Federal Trade Commission (FTC) [reports, PDF] petitioning for stronger online privacy protections. In November 2010, the Federal Communications Commission (FCC) [official website] confirmed that it is investigating [JURIST report] Internet search company Google [corporate website; JURIST news archive] to determine if it violated communications laws when its Street View vehicles inadvertently collected private user data, including passwords and URLs, over WiFi networks.




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