We cannot allow privacy protections to be swept aside with the sweeping nature of these information requests, especially for innocent consumers. Law enforcement agencies are looking for a needle, but what are they doing with the haystack? We need to know how law enforcement differentiates between records of innocent people, and those that are subjects of investigation, as well as how it handles, administers, and disposes of this information.

Markey has been a strong advocate of consumer rights as they are handled by companies in the telecommunications and other technology fields. In January Markey and seven other lawmakers sent a letter [text, PDF] to Google CEO Larry Page containing 11 questions regarding consumer privacy rights [JURIST report] as affected by Google's new privacy policies. A month later Markey and Representative Joe Barton (R-TX), both members of the Congressional Bi-Partisan Privacy Caucus [official website], and Cliff Stearns, of the Subcommittee on Oversight and Investigations [official website], sent a letter [JURIST report] to the Federal Trade Commission (FTC) [official website] asking it to look into possibly unlawful privacy practices by Google. Last May Markey and Barton released a draft bill that would restrict companies [JURIST report] from tracking the Internet activity of minors without parental consent. That was the same month US Senator Patrick Leahy (D-VT) introduced a bill [JURIST report] amending the 25-year-old Electronic Communications and Privacy Act (EPCA), which he authored, to require the government to obtain a warrant before searching private e-mails and other data stored on an Internet cloud.

Governments worldwide have struggled in recent years to avoid discrimination while avoiding the risk of spreading HIV. Last September, the UK Department of Health announced that it would lift the lifetime ban [JURIST report] on blood donations from men who have had sex with other men. Britain introduced the lifetime ban in the 1980s in an effort to quell the proliferation of HIV and AIDS. The US Department of Health and Human Services in July 2011 asked experts to review a similar US policy [ABC report] that bars gay men from donating blood. Earlier that month, the US Court of Appeals for the Second Circuit ruled [JURIST report] that the US government cannot withhold HIV/AIDS funding to organizations based on their prostitution stance, finding a violation of the First Amendment. In November 2010 a Chinese court ruled against [JURIST report] a man who claimed he was denied a teaching job because he is HIV-positive, finding that the city education officials properly assessed his unsuitability for the position base on health standards.

Last week the UN Security Council [official website] adopted a resolution granting a one-year mandate extension [JURIST report] for the UN Mission in South Sudan (UNMISS) [official website] through June 15, 2013. Also last week Human Rights Watch (HRW) [advocacy website] called on South Sudan to mark its first anniversary [HRW report] by releasing all unlawfully detained prisoners, guaranteeing freedom of speech and ratifying all key international human rights treaties. In late June UNMISS urged South Sudan to adopt a plan to prevent further inter-communal violence [JURIST report] in Jonglei State, providing nine recommendations for the country to avoid similar violence and conflicts in the future, including the development a "comprehensive, multi-sectorial plan with short, medium and long-term actions to respond to the main causes of the violence in Jonglei State" while maintaining support for the peace process that has already launched. In April the Sudanese government declared a state of emergency [JURIST report] on the South Sudan border after the arrest of four people who the Sudanese claim were arrested for aggression against the north in the contested Heglig oil fields.

The ECHR's decision in April marked a change in position for the court from its position two years ago, when it stayed the extradition [JURIST report] of four of the terrorism suspects to the US, holding that potential punishment could violate European Convention on Human Rights provisions on the prohibition of torture and inhumane or degrading treatment. The UK High Court approved the extradition [JURIST report] of Aswat and Ahmad to the US in 2006. Aswat is wanted in the US on suspicion of setting up a terrorist training camp and Ahmad is wanted for conspiring to kill Americans and running a website used to fund terrorists and recruit al Qaeda members. The extraditions were approved only after the US offered assurances that it would not seek the death penalty, try the suspects before military tribunals or declare them enemy combatants. A British court approved the extradition [JURIST report] of Hamza in 2007. Hamza, who is currently serving a seven-year sentence in the UK [JURIST report] for urging his followers to kill Jews and other non-Muslims, faces US charges of attempting to establish terrorist training camps in Oregon, conspiring to take hostages in Yemen, and helping terror training in Afghanistan.

Philippines has faced criticism for rights violations in the recent years. In April, Human Rights Watch (HRW) [advocacy website] sent a letter to the chief of staff of the nation's military calling the Philippines to address the issue of numerous human rights abuses and hold perpetrators accountable [JURIST report]. HRW urged action in four areas: ending impunity for extrajudicial killings and enforced disappearances; addressing abuses by paramilitary forces; ceasing falsely tagging children as rebel fighters; and ending military use of schools. The human rights group had already urged the government to act on human rights violations last year when it announced that the country's authority has failed to investigate and prosecute extrajudicial killings [JURIST report] tied to the country's military. In July 2010 President Benigno Aquino [BBC profile] signed an executive order to set up a "truth commission" to investigate allegations [JURIST report] that the outgoing administration engaged in corruption and human rights violations. The move came after he announced [JURIST report] earlier that month his plans for the investigation into the allegations.

This case is about the rights of the people and the legislature to function in a representative democracy without the interference of the executive branch of government. It is also about preserving the constitutional integrity of the amendment process. The Minnesota Constitution grants the power to amend the constitution to the Legislature and the people. Here, the Secretary of State is attempting to interfere by disregarding the given ballot title and replacing it with a misleading and incorrect proposed title.

Several states will include a same-sex marriage question on their ballot in the upcoming election. Last month, citizens in Washington and Maryland [JURIST reports] received enough votes to challenge newly passed same-sex marriage legislation. Each state's ballot will contain a section asking voters to accept or reject the new legislation. Similarly, a group supporting same-sex marriage in Maine achieved enough signatures [JURIST report] in February to have the question of same-sex marriage appear on its ballot. Earlier that month, New Jersey governor Chris Christie vetoed legislation [JURIST report] that would have legalized same-sex marriage in the state, and called for a state-wide referendum on the issue.

In December the Anti-Death Penalty Asia Network [advocacy website] released a report stating that group of 14 Asian countries in the Asia-Pacific region, including Singapore, execute more people than the rest of the world combined [JURIST report]. The report argued that these countries' legal systems fail to meet international standards, such as torture, mandatory death sentences, presumed guilt, right to counsel and other factors that contribute to unjust trials and convictions. In 2010 Amnesty International [advocacy website] released a report saying the number of countries using the death penalty is decreasing [JURIST report]. At that time, however, Asia still had the highest number of executions, executing more people than the rest of the world combined. ADPAN has been working since 2006 to achieve abolition of the death penalty in all Asia-Pacific countries.

Hosni Mubarak was sentenced to life [JURIST report] after an Egyptian court found him guilty of complicity to kill protesters during the Arab Spring protests [JURIST news archive]. During the protests that resulted in the overturning of Mubarak's 30-year regime, Mubarak ordered government officials to use gunfire and other violent measures to subdue protesters, causing over 850 deaths [JURIST report]. Mubarak's ended in February with the chief prosecutor asking the court in his closing remarks to issue a death sentence [JURIST reports] against the former ruler.

There are now more than 30 US states [NCSL backgrounder] that require voters to present some form of ID at the polls, including 17 states that have passed laws that require a photo ID. Last month Chris Elmendorf of the University of California, Davis School of Law, wrote [JURIST op-ed] that recent statistical findings may contribute to courts declaring Section 5 of the VRA to be unconstitutional, while simultaneously strengthening the provisions of Section 2. Unlike the preclearance rules of Section 5, Section 2 nationally prohibits election laws that "result" in minority voters having "less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice." In May Elmendorf wrote [JURIST op-ed] that the "purpose" rather than the "effects" prong of Section 5 of the Voting Rights Act may offer a better basis to challenge recent state regulations of the voting process. The DOJ relied on the "effects" prong of Section 5, which requires that a new law not have a retrogressive effect on racial minorities' political participation, in denying preclearance to Texas in March, and to South Carolina [JURIST report] in December.

Syria has been plagued with violence over the past year and a half, and human rights groups have blamed both the government and anti-government groups for the resulting deaths. Last week, Human Rights Watch (HRW) reported that Syrian authorities have been maintaining secret detention facilities [JURIST report] to hold and torture prisoners. In June, a UN commission stated that Syrian forces "may have been responsible" for the killing of more than 100 civilians [JURIST report] in Al-Houla in May. Al-Assad, however, said earlier in June that the government had nothing to do with it [JURIST report] and that "not even monsters" would carry out those attacks. In April the UN Security Council approved a resolution [JURIST report] to send 300 unarmed soldiers and other humanitarian aid to supervise the implementation of a peace plan. This came after HRW released a report [JURIST report] stating that Syrian security forces had killed more than 100 civilians and opposition fighters in recent attacks. In March, HRW also reported on and linked to videos of Syrian forces rounding up civilians [JURIST report], including women and children, and forcing them to walk in front of soldiers and tanks during troop movements and attacks so that opposition fighters would not shoot at them.

Last week the Israeli Supreme Court postponed the demolition of illegal West Bank settlements [JURIST report], with 30 apartments having had been scheduled for demolition on July 1. West Bank settlements have caused tension between Israel and Palestinian authorities, as well as criticism by international groups, despite the Israeli parliament's vote [JURIST report] against legalizing the unauthorized settlement last month. Also last month the UN Special Rapporteur on the situation of human rights in the occupied Palestinian territories Richard Falk demanded [JURIST report] Israel cease its demolition [press release] of Palestinian buildings in the West Bank settlements after finding that the demolition of Palestinian structures such as houses, animal shelters, water cisterns and roads have risen by 87 percent from last year. Israel responded to international investigations into these settlements by announcing [JURIST report] in March that it will sever ties to the UN Human Rights Council. The announcement came after the UN body initiated its investigation to determine the effect that Israeli settlements have had on the civil, political, economic and cultural rights of the Palestinian people. Even in March 2010, UN Secretary-General Ban Ki-moon [official profile] called [JURIST report] in a press conference Israeli settlement construction in the West Bank "illegal."

Last month, the ICTY postponed the trial after suspended proceedings [JURIST reports] due to an error in disclosing documents to the defense lawyers. The trial had been already postponed indefinitely [JURIST report] in May due to allegations of prosecutorial misconduct related to evidence disclosure. Judge Alphons Orie adjourned the trial to allow the defense lawyers more time to consider the evidence the prosecution will present. Earlier that month, chief prosecutor of the ICTY had told reporters [JURIST report] that he believes Mladic is mentally and physically fit to stand. The ICTY had ordered [JURIST report] a medical examination for Mladic after he missed a hearing before the court a week earlier. His first appearance [JURIST report] before the ICTY was in June of last year when he contested charges against him while simultaneously asking for more time to review them. A day after, during his second appearance [JURIST report], Mladic refused to enter a plea without lawyers of his choice representing him and he was removed from the court for disrupting the proceedings.

The WTO is an organization which aims to promote the liberalization of international trade and about 95 percent of world trade takes place within the WTO framework. Last month Kambiz Behi of Mostafavi & Associates and Edsel Tupaz [corporate profile] of Tupaz & Associates argued that the admittance of the Russian Federation into the WTO will create stronger economic relations [JURIST comment] with the US, as Russian WTO membership would free the US Congress to continue pursuing efforts to promote human rights and the rule of law independent trade relations with Russia, which would be established under WTO regulations. Just last month, for example, Congress approved a bill to sanction Russian officials [JURIST report] who were linked to the death of a Russian lawyer. In April Anna Heatherington, an LLM candidate at the University of Pittsburgh School of Law, analyzed the barriers to Russia's WTO membership [JURIST comment], noting that within the Russian Federation opposition to WTO membership exists primarily in the non-energy sectors, and especially from the agricultural sector, which is largely unprepared to compete in a global market. An additional point of concern has been Russia's inability to fully protect intellectual property (IP) rights, as most IP legislation is relatively new and the Russian courts lack experience and competency in IP areas.

Apple and Samsung have been embroiled in continuous patent litigation around the world. Earlier this month, a federal judge issued an injunction [JURIST report] against Samsung to stop the sale of its Galaxy Nexus smartphone in the US. A judge for the US District Court for the Northern District of California [official website] found that Apple is likely to succeed on the merits in the litigation and would likely suffer irreparable harm if Samsung's sale of its smartphone is not stopped immediately. A week earlier, Judge Lucy Koh had already granted [JURIST report] an injunction against Samsung blocking the sale of its Galaxy 10.1 tablet computer while the patent infringement case is reviewed. The CAFC had rejected [Bloomberg report; CAFC notice] Samsung's appeal of the decision that remanded the case to the district court giving Apple another opportunity to ban Samsung's Galaxy products in the states after it partially reversed [JURIST report] the district court's refusal to grant a temporary injunction for Apple against Samsung. Apple's request for a temporary injunction was denied [JURIST report] by the district court in December. Apple filed a suit [JURIST report] against Samsung in April of last year alleging that Samsung committed ten patent infringements, two trademark violations and two trade dress violations by copying iPhone and iPad technology in making its "Galaxy" products. In June, the District Court of The Hague ruled [JURIST report] in favor of Samsung against Apple holding that Apple was liable for infringing upon one of the Korean company's four patents, a 3G patent.

Despite the success of a peaceful presidential election, Egypt has faced continued political turmoil since the overthrow of former president Hosni Mubarak last year. Last week, Morsi issued a decree appointing a fact-finding committee to investigate the deaths of protesters [JURIST report] in last year's demonstrations. A court in June struck down [JURIST report] a government decree that restored broad arrest powers to Egyptian military officials. Last week, a former candidate in Egypt's presidential election and several non-government organizations filed a lawsuit challenging Egypt's interim constitution [JURIST report], alleging it gives the Egyptian military unlimited power. Days before it's dissolution, the Egyptian parliament elected a new constitutional council after lawmakers finally reached an agreement [JURIST reports] on the political composition of the council. Egypt's Supreme Administrative Court in April effectively suspended [JURIST report] the work of the 100-member council responsible for drafting the country's new constitution after ruling in favor of a lawsuit challenging the constitutionality of the formation of the panel.

Tension between Bahrain's government and protesters has been on the rise since government forces clashed with protesters last year during pro-democracy demonstrations. The Bahrain Information Affairs authority announced last week that they had brought charges against 15 police officers [JURIST report] for alleged "mistreatment of inmates in custody." The government also announced last month that it would pay $2.6 million in restitution [JURIST report] to citizens who lost family members during the violent protests to comply with recommendations of an independent commission who concluded that Bahrain authorities had used excessive force and tortured detainees involved in the pro-democracy demonstrations. Earlier that month a Bahrain court overturned or reduced the sentences [JURIST report] for most of the 20 medical professionals convicted in September of participating in the pro-democracy protests against the ruling regime. The doctors and nurses have maintained that they were only providing medical attention to individuals at a hospital, regardless of their political beliefs.