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EU court: ‘Active consent’ required for cookie storage
U.S. Legal News | 2019/09/24 02:43
The European Union’s top court has ruled that website operators must secure internet users’ “active consent” to their storage of so-called cookies.

The European Court of Justice’s ruling Tuesday was prompted by a dispute between German firm Planet49 and a German consumer organization over the company’s use of a pre-ticked checkbox for participants in online promotional games to secure consent to cookie storage.

Judges found that EU law’s requirement for users to consent to storage of and access to cookies on their devices isn’t covered by a pre-checked box that the user “must deselect to refuse his or her consent.”

They said specific consent must be obtained. They also said the service provider must tell users how long the information about them will operate and whether third parties may access them.


Former Nissan chairman Ghosn appears in Tokyo court
U.S. Legal News | 2019/05/24 21:53
Nissan’s former chairman, Carlos Ghosn, appeared in a Japanese courtroom Thursday for a hearing ahead of his trial on accusations of financial misconduct.

It was the first of a series of hearings to iron out logistics for Ghosn’s actual trial. The trial date has not been set, and experts say it could be months away.

Ghosn, who led the Japanese automaker for two decades, was arrested in November and charged with underreporting his income and breach of trust. He was released on bail in March, rearrested in April on fresh accusations and then released again on bail on April 25.

Ghosn insists he is innocent and says he was targeted in a “conspiracy” by others at Nissan Motor Co.

Nissan, which is allied with Renault SA of France, has seen profits nose-dive amid the fallout from Ghosn’s arrest.

Ghosn has hired a strong legal team as he fights to clear his name. One of his top lawyers, Junichiro Hironaka, was seen walking into the courtroom Thursday with Ghosn.

One of the conditions of Ghosn’s release on bail is that he is forbidden to contact his wife. Prosecutors say that’s to prevent evidence tampering.

Ghosn’s lawyers challenged that restriction, saying it is a violation of human rights, but the Supreme Court rejected their appeal Tuesday.

The lawyers can appeal again to have the restriction removed.

In a briefing Thursday, Deputy Chief Prosecutor Shin Kukimoto welcomed the Supreme Court’s decision.

“For married people to be together is important, but I feel there was enough reason for the Supreme Court to support us in this restriction,” he said.

Kukimoto declined comment on the hearing, which was closed to reporters and the public.

Kukimoto also said the maximum penalty upon conviction of all 15 counts of the charges Ghosn is facing is 15 years in prison and a fine of 150 million yen ($1.4 million).


Roggensack Re-Elected as Wisconsin Supreme Court Chief
U.S. Legal News | 2019/04/30 04:54
Wisconsin Supreme Court Chief Justice Patience Roggensack has been re-elected to a third, two-year term leading the court.

The court announced her re-election by fellow justices Tuesday. The result was public, but the vote was done in secret and the breakdown was not announced.

Roggensack replaced Justice Shirley Abrahamson as chief justice in 2015 after voters approved a constitutional amendment giving justices the power to elect the chief justice. Prior to that it had automatically gone to the longest-serving member, who is Abrahamson.

Roggensack is one of the four majority conservative justices. Abrahamson is one of three minority liberal members.

Roggensack says in a statement that she is honored to continue serving as chief justice. She has been on the Supreme Court since 2003.

The chief justice also serves as the administrative head of Wisconsin's judicial system.


Media lawyers in Australian court over Cardinal gag order
U.S. Legal News | 2019/04/10 23:48
Dozens of high-profile Australian journalists and major media organizations were represented by lawyers in a court on Monday on charges relating to breaches of a gag order on reporting about Cardinal George Pell's convictions for sexually molesting two choirboys.

Reporting in any format accessible from Australia about the former Vatican economy chief's convictions in a Melbourne court in December was banned by a judge's suppression order that was not lifted until February.

Such suppression orders are common in the Australian and British judicial systems, and breaches can result in jail terms. But the enormous international interest in a criminal trial with global ramifications has highlighted the difficulty in enforcing such orders in the digital world.

Lawyers representing 23 journalists, producers and broadcasters as well as 13 media organizations that employ them appeared in the Victoria state Supreme Court for the first time on charges including breaching the suppression order and sub judice contempt, which is the publishing of material that could interfere with the administration of justice. Some are also charged with scandalizing the court by undermining public confidence in the judiciary as well as aiding and abetting foreign media outlets in breaching the suppression order.

Media lawyer Matthew Collins told the court that convictions could have a chilling effect on open justice in Australia. He described the prosecutions as unprecedented under Australian law.

"This is as serious as it gets in terms of convictions, fines and jail time," Collins said. Justice John Dixon urged lawyers to consider whether all 36 people and companies would face a single trial or whether there should be 36 trials.

He ordered prosecutors to file detailed statements of claim against all those charged by May 20 and defense lawyers to file responses by June 21.


Court finds WikiLeaks founder Julian Assange guilty
U.S. Legal News | 2019/04/06 23:50
Court in Britain finds WikiLeaks founder Julian Assange guilty of breaching his bail conditions.

Police arrested Assange at the Ecuadorian embassy in London on Thursday, after the South American nation decided to revoke the political asylum that had given him sanctuary for almost seven years.

London police said they were invited into the embassy by Ecuador’s ambassador. Assange took refuge in the embassy in 2012 after he was released on bail while facing extradition to Sweden on sexual assault allegations that have since been dropped.

Assange has been under U.S. Justice Department scrutiny for years for Wikileaks’ role in publishing thousands of government secrets and was an important figure in the special counsel Robert Mueller’s Russia probe as investigators examined how WikiLeaks obtained emails stolen from Hillary Clinton’s presidential campaign and Democratic groups.

Ecuador’s president, Lenin Moreno, said his government made a “sovereign decision” to revoke Assange’s political asylum due to “repeated violations to international conventions and daily-life.”

“Today I announce that that the discourteous and aggressive behavior of Mr. Julian Assange, the hostile and threatening declarations of its allied organization, against Ecuador, and especially the transgression of international treaties, have led the situation to a point where the asylum of Mr. Assange is unsustainable and no longer viable,” Moreno said in a video released on Twitter.

Video posted online by Ruptly, a news service of Russia Today, showed several men in suits carrying Assange out of the embassy building and loading him into a police van while uniformed British police officers formed a passageway. Assange sported a full beard and slicked-back grey hair.



As Tesla heads to court, shares fall as deliveries slow
U.S. Legal News | 2019/04/02 05:43
Tesla's CEO Elon Musk is back in the spotlight for saying something when perhaps he should have remained quiet.

A federal judge will hear oral arguments Thursday about whether Musk should be held in contempt of court for violating an agreement with the U.S. Securities and Exchange Commission.

The SEC says Musk blatantly violated the settlement in February when he tweeted about Tesla's vehicle production without a lawyer's approval.

It's unclear if Musk plans to attend the hearing. If he is found in contempt of court, Musk could face fines or even jail time.

Musk's 13-word tweet on Feb. 19 said Tesla would produce around 500,000 vehicles this year. But the tweet wasn't approved by Tesla's "disclosure counsel," and when the contempt-of-court motion was filed in February Musk had not sought a lawyer's approval for a single tweet, the SEC said.

Musk said his tweet about car production didn't need pre-approval because it wasn't new information that would be meaningful to investors. His attorneys say the SEC is violating his First Amendment rights to free speech.

The SEC says the arrangement doesn't restrict Musk's freedom of speech because as long as his statements are not false or misleading, they would be approved.

Meanwhile, Tesla's shares fell 8% in midday trading Thursday after the company said it churned out 77,100 vehicles in the first quarter, well behind the pace it must sustain to fulfill Musk's pledge to manufacture 500,000 cars annually.


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