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Legal news from Friday, January 4, 2013




Hungary top court declares new electoral law unconstitutional
Peter Snyder on January 4, 2013 4:33 PM ET

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[JURIST] The Constitutional Court of Hungary [official website, In Hungarian] on Friday struck down an electoral law requiring voters to register to vote at least two weeks before elections in 2014. The new rules had been proposed by the conservative Fidesz [party website, in Hungarian] party of Prime Minister Viktor Orban [official website]. The new electoral law was passed [BBC report] by the Hungarian Parliament [official website, in Hungarian] last November but was referred to the Constitutional Court by President Janos Ader [official profile]. The court found [Reuters report] that the law unduly restricts voting rights, as it would have required eight million citizens to register to vote at least two weeks before the election, a major departure from the current system that allows individuals to be identified from an existing state-run database at polling places on election day. The court also objected to provisions that would restrict political ads.

Alleged government violations of freedom of press and speech have been a recurring issue in Hungary. Last May Human Rights Watch [advocacy website] criticized the Hungarian government [press release] for ignoring recommendations by the Council of Europe [official website] to change its media laws that allegedly curtail press freedom. In December 2011 Hungary's Constitutional Court struck down [JURIST report] certain provisions of the media laws as an unconstitutional restraint on press freedom. Rights groups had urged Hungary to amend [JURIST report] the media laws. The media laws created the National Media and Communications Authority (NMHH) [official website, in Hungarian], which controls private television and radio broadcasters, newspapers and online news sites. Under the law, the government could impose costly fines on broadcasters, newspapers and news websites if their coverage is deemed unbalanced or immoral by the media authority. The Constitutional Court struck down provisions allowing the NMHH to regulate content in print and online media and limiting the rights of reporters to protect confidential sources.




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US military judge restricts unclassified material in 9/11 trial
Peter Snyder on January 4, 2013 2:39 PM ET

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[JURIST] The chief US military judge overseeing the trial of the accused 9/11 conspirators, including Khalid Shaikh Mohammed [BBC profile], has ruled that lawyers cannot make public any material involved in the trial, including unclassified documents. The decision by Judge Army Col. James L. Pohl was issued on December 20 but was just released this week. The new requirements prevent [LAT report] lawyers from sharing unclassified surveillance information, medical records, autopsy reports, the names of the military commission jurors, as well as other military and police information. This decision and earlier rulings by Pohl, siding with the US government, have been criticized by Reporters Committee for Freedom of the Press [advocacy website] and a number of major news agencies.

This ruling follows a decision last month by Pohl approving [JURIST report] the US government's request for a protective order effectively blocking the public's access to accused 9/11 [JURIST backgrounder] conspirators' testimony regarding the alleged use of "enhanced interrogation techniques" by the Central Intelligence Agency (CIA) [official website]. In April Pohl assigned himself [JURIST report] to preside over the tribunals of the five alleged plotters of the 9/11 terror attacks. Earlier in April the Department of Defense (DOD) referred charges [JURIST report] to Pohl against the five accused 9/11 plotters. The DOD announced last year that it had sworn charges against the five men [JURIST report]. In April 2011 US Attorney General Eric Holder announced that Khalid Sheikh Mohammed and the four others would be tried by a military commission [JURIST report] after the Obama administration abandoned attempts to have the 9/11 suspects tried in civilian courts. Holder had wanted the accused be tried before a federal civilian court but referred the cases to the DOD after Congress imposed a series of restrictions [JURIST reports] barring the transfer of Guantanamo detainees to the US.




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FTC finds Google did not violate antitrust or anticompetition laws
Daniel Mullen on January 4, 2013 12:26 PM ET

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[JURIST] The Federal Trade Commission (FTC) [official website] announced [press release] on Thursday that Google [corporate website] did not violate antitrust or anticompetition laws. Google's practice of favoring its own services in search results, to the detriment of its competitors, has been under scrutiny. Though Google will be required to make changes to its business practices that the FTC believes could stifle competition, the investigation did not produce evidence to justify legal action against the company, and the commission voted unanimously to close the investigation on Google's search-related practices. Thursday's announcement is a major victory [NYT report] for Google in its ongoing dispute with regulators.

Google has faced numerous allegations regarding its business practices over the past several years, both in the US and abroad. Last month, an Italian court overturned [JURIST report] a conviction against Google executives for privacy violations. In November a federal judge approved [JURIST report] a $22.5 million fine against Google for privacy misrepresentations. In February a federal judge dismissed [JURIST report] a challenge to Google's privacy changes by the Electronic Privacy Information Center (EPIC) [advocacy website]. Earlier that month, a French court ruled [JURIST report] that Google Maps was practicing unfair competition.




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Transocean agrees to $1.4 billion settlement over Gulf oil spill
Daniel Mullen on January 4, 2013 11:09 AM ET

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[JURIST] The US Department of Justice (DOJ) [official website] on Thursday announced a settlement [press release] with Transocean Deepwater Inc. [corporate website] for the company's role in the 2010 Deepwater Horizon oil spill [BBC backgrounder]. Transocean pleaded guilty [text, PDF] to "negligently discharging oil into the Gulf of Mexico," in violation of the Clean Water Act (CWA) [EPA summary] and will pay $1 billion in civil penalties and $400 million in criminal penalties. The civil penalty is a record amount, and, in accordance with the Resources and Ecosystems Sustainability, Tourist Opportunities and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act), 80 percent of the penalty will be used to fund projects in the Gulf states for the environmental and economic benefit of the region. Additionally, Transocean must take measures to reduce the likelihood of another oil discharge. Transocean still has a pending settlement with a committee representing more than 100,000 individuals and business owners claiming damages from the spill, and the ultimate cost [Reuters report] of the spill to Transocean could be $4 billion.

Thursday's settlement is the latest development in a series of legal battles over the Deepwater Horizon oil spill since January 2012 when a federal judge ordered [JURIST report] British Petroleum (BP) [corporate website] to share partial liability with Transocean in oil spill claims. Last month a federal judge approved [JURIST report] a final class settlement between BP and those who experienced economic and property loss stemming from the spill. In November BP executives pleaded not guilty [JURIST report] to criminal charges stemming from the oil spill. Earlier that month BP agreed to pay [JURIST report] $4.5 billion in penalties for felony misconduct for its role in the spill.




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