August 16, 2017 nº 1,896 - Vol. 14
"Every fear hides a wish."
Read Migalhas LatinoAmérica in Spanish every Tuesday and Thursday. Visit the website at la.migalhas.com
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The Fourth Amendment should protect data
A group of prominent tech companies and lawyers has come together in new friend-of-the-court filings submitted to the Supreme Court on Tuesday. The group is arguing in favor of stronger legal protections for data generated by apps and digital devices in an important privacy case pending before the court. The companies, which include Apple, Google, and Microsoft among many others, argue that the current state of the law, which distinguishes between "content" (which requires a warrant) and "non-content" (which does not) "makes little sense in the context of digital technologies." The amicus filing by dozens of law professors also concludes that the third-party doctrine "cannot support future application of the Fourth Amendment." The legal theory posits that individuals relinquish their privacy interest in data (like a call record or location data) to a third-party — so the government can access it with a court order rather than a warrant. A third brief filed on behalf of dozens of academics, technologists, and researchers makes a similar argument: "The use of this information without adequate court supervision has the potential to profoundly unsettle legitimate expectations of privacy."
1 - Crocs loses patent battle over design of its plastic clogs. (Click here)
2 - French food group Danone's shares rise after bid speculation report. (Click here)
3 - California sues Trump administration over sanctuary policy. (Click here)
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IMF warns on China's credit boom
The International Monetary Fund has warned that China's credit growth is on a "dangerous trajectory". In a new report, the IMF says there is an increasing risk of a "disruptive adjustment" and/or a marked slowdown in economic growth". The agency calls for decisive action to deflate the credit boom smoothly. Without the boom, the report suggests, China's recent economic expansion would have been significantly slower.
China imposes import bans on North Korean iron, coal and seafood
China is to stop importing coal, iron, iron ore and seafood from North Korea. The move is an implementation of UN sanctions, which were imposed in response to North Korea's two missile tests last month. China accounts for more than 90% of North Korea's international trade. Beijing had pledged to fully enforce the sanctions after the US accused it of not doing enough to rein in its neighbor. (Click here)
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Uber – regulación
El Ministerio de Gobierno de Panamá regulará las plataformas tecnológicas como Uber. En las últimas semanas, conductores de taxis, así como de vehículos que prestan servicio de transporte a turistas, han protagonizado protestas contra estas plataformas. En el país operan plataformas como Cabify, Easy Taxi, Uber, entre otras. (Presione aquí)
Asistencia jurídica
La PGR de México solicitará asistencia jurídica a los países involucrados en el caso Odebrecht - República Dominicana, Chile y Venezuela - para allegarse información sobre los presuntos sobornos del gigante constructor brasileño, en el que estaría involucrado el ex director de Pemex, Emilio Lozoya Austin. (Presione aquí)
Uber weighs offers for shares
There's never a dull moment at Uber. The company is weighing a number of offers from investors seeking to buy shares in the ride-hailing service. The board has voted to continue talking with SoftBank and Dragoneer, and may do the same with a consortium led by Shervin Pishevar, an early investor who has been feuding with another Uber investor, Benchmark. Why would a company with $5 billion in the bank move forward with a share sale? To let existing shareholders in the still-private Uber sell, primarily.
An embattled for-profit law school is shutting down
The for-profit Charlotte School of Law is reportedly shutting down. The private equity-owned school failed to meet various government deadlines set months after the Obama administration shut off its ability to receive proceeds from federal student loans. A closure would instantly make the school's current students eligible to have their federal student loans canceled. Loan cancellations would leave a hefty bill for the feds in the form of forgone future interest payments. The Education Department would have the right to seek reimbursement from Charlotte Law's owners, which also own two other law schools: Arizona Summit and Florida Coastal. The law schools are indirectly owned by two funds operated by Sterling Partners, a Chicago-based private equity firm. Charlotte Law's troubles began in December, when the Education Department concluded that the school had misled its students about its accreditation and the bar-passage rates of former students and then cut off Charlotte Law's access to federal student aid funds. The school denied the allegations and spent several months trying to convince the feds to reverse their decision. The school still had to persuade its accreditor and state regulator that it was financially viable and should remain open. It appears that those efforts ultimately failed.
Trump's NAFTA makeover not so extreme
The Trump administration begins renegotiating NAFTA this month. Despite the rhetoric of the campaign and talk of tearing it up, the administration's actual plans appear less dramatic than expected.
Sentenced to adulthood: Direct file laws bypass juvenile justice system
A "get tough" approach has been the trend. But now lawmakers, juvenile justice advocates and community groups are rethinking that approach for kids and young adults who commit crimes. "You're being direct filed. You're being charged as an adult now." The statute dates back to juvenile justice reform from the 1950s, when lawmakers were seeking to balance rehabilitation and punishment of youths who had committed heinous crimes. In the 1990s and into the 2000s, the direct file statute became the most used tool for handling children. A lot of these juveniles that have been through the system a lot, when they get arrested, their attitude is 'Nothing's going to happen to me. I'm a juvenile.” "When they get direct filed to adult, it's sort of this cruel wake-up call." Research has shown that taking kids out of the juvenile system and putting them in the adult system makes them worse off. One way to measure the impact of direct file is through recidivism: Was a youth rearrested after being sent to adult court and dismissed? Was he reconvicted for another offense? Was it for a serious charge that would have been a felony?
UK position paper opposes Irish border posts
The UK government has said it does not want any border posts between Northern Ireland and the Republic of Ireland in its new position paper on Brexit. The government does not want to see any physical infrastructure at the Irish border, such as customs posts. But Brexit critics have complained that the UK's proposals lack credible detail on how that aim could be achieved. Northern Ireland is the only part of the UK which will share a land border with an EU member state when Britain leaves the EU in March 2019. The future management of that border is a highly sensitive issue and is one of three main priorities in UK-EU Brexit negotiations. (Click here)
Third woman accuses Roman Polanski of sex attack
Another woman has come forward to say she was sexually molested in the 1970s by the film director Roman Polanski. The woman, named only as Robin, told a news conference that the alleged attack happened in 1973 when she was 16. She is the third woman to accuse Polanski of child abuse. He fled the US in 1978 after admitting statutory rape of a 13 year old. US courts have tried, unsuccessfully, to extradite Roman Polanski His victim, Samantha Geimer, asked a Los Angeles court in June to end the case against him. She said she had forgiven the filmmaker for the assault and wanted closure for herself and her family. Robin, who appeared with her lawyer Gloria Allred in Los Angeles on Tuesday, cannot sue Polanski in a criminal court because the statute of limitation has passed. However, she could testify against him in the case involving Geimer. She told journalists that she was "infuriated" that the case against Polanski, now 83, might be dropped and she believed he should still be held accountable for his assault on Samantha Geimer.
Australia Day: Council shifts celebrations over sensitivities
A council in Melbourne has voted to stop celebrating Australia Day because of Aboriginal cultural sensitivities. The City of Yarra made a unanimous decision to drop all references to Australia Day and cease holding citizenship ceremonies on 26 January. Australia Day is the anniversary of the arrival of Britain's first settlers in 1788, an event many indigenous Australians refer to as "Invasion Day". Prime Minister Malcolm Turnbull criticized the council's decision. "The council is using a day that should unite Australians to divide Australians," he said in a statement.
Walmart's C.E.O. joins group to rebuke Trump over Charlottesville
Doug McMillon, Walmart's chief executive, said the president "missed a critical opportunity to help bring our country together." The chief executives of Merck, Under Armour and Intel have already stepped down from an advisory council to the president.
Bitcoin price surges after agreement on software update
The price of a single Bitcoin has risen nearly 50 percent since the end of July, taking the value of all Bitcoins in existence above $70 billion.
Pakistan court seeks to amend blasphemy law
Blasphemy and accusations of the crime have led to the deaths of dozens of people in Pakistan since 1990. Rights groups have repeatedly criticized and called for the reform or repeal of the country's controversial blasphemy laws, which date back to the British empire. The Islamabad High Court asked parliament on Friday to make changes to the current decree to prevent people from being falsely accused of the crime, which is punishable by death if the Prophet Muhammad is insulted. Other punishments include a fine or prison term, depending on the specific offence.
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