The Star – A fine balancing act

May 2, 2012 in Articles, Media, Spotlight

*Photo from lindsayolson.com

Reflecting on the law
By SHAD SALEEM FARUQI

Posted on May 2, 2012
The Security Offences Act of 2012 is indeed an important milestone pointing in a new direction of a more balanced, humane and compassionate government.MOST laws involve a conscious attempt to straddle the divide between opposing views and to reconcile conflicting interests in society.

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The Guardian – David Cameron calls for reform of European court of human rights

January 25, 2012 in Articles

David Cameron

David Cameron is expected to say the court has a 'once-in-a-generation' opportunity to reform its work. Photograph: Christopher Furlong/PA

Wednesday 25 January 2012 | By , chief political correspondent

Prime minister to accuse court of unnecessarily overturning judgments reached in credible national courts

David Cameron is to warn that the European court of human rights is in danger of turning into a “small claims court” that fails to deal with serious violations of human rights, unless it embarks on reforms.

Amid anger in Britain at last week’s decision of the court to block the deportation of the Islamist cleric Abu Qatada to Jordan, the prime minister will on Wednesday accuse the court of undermining its reputation by unnecessarily overturning judgments reached in credible national courts.

In a speech to the parliamentary assembly of the Council of Europe in Strasbourg, Cameron will say the ECHR has a “once-in-a-generation” opportunity to reform its work to ensure it focuses on the original intentions of its founding fathers – upholding human rights across the European continent.

The court enforces the European convention on human rights, drafted in 1950 by the Council of Europe, which is designed to ensure universal human rights across Europe. The council has 47 members and is separate from the 27-strong EU.

The prime minister will say: “The court should be free to deal with the most serious violations of human rights; it should not be swamped with an endless backlog of cases. The court should ensure that the right to individual petition counts; it should not act as a small claims court. And the court should hold us all to account; it should not undermine its own reputation by going over national decisions where it does not need to. For the sake of the 800 million people the court serves, we need to reform it so that it is true to its original purpose.”

Britain, which currently holds the presidency of the Council of Europe, wants to implement the reforms by the first half of 2014, when Austria will take over the presidency.

Kenneth Clarke, the justice secretary, is to chair a meeting of fellow justice ministers in April to agree on a ministerial declaration, which will have three elements:

• Immediate steps that the court can take to reduce the backlog of cases, which now stands at 152,800. It is estimated that two-thirds of these cases are inadmissible under the court’s rules. Cameron will say that there should be new and more transparent rules for the appointment of judges on the court.

• Look at amending procedural parts of the convention to set out more clearly which cases the court should have the power to examine.

• Look at the future of the court over the next 20 years to ensure it does not become a court of fourth instance in which appellants seek a “fourth bite at the cherry” if they are unhappy with the decision of their national courts.

The UK government privately believes the court should spend less time focusing on countries such as Britain, France and Germany, which have well-regarded legal systems and a strong record on human rights, and more time focusing on countries such as Russia and Ukraine with less impressive records. Russia accounts for 26.6% of the backlog at the court. Cameron contrasts Britain’s record with other Council of Europe member states, which face cases over extrajudicial killings and torture.

The court found against Bulgaria after an inmate was forcibly placed in a psychiatric institution and held against their will for years. It found against Ukraine over the ill-treatment of prisoners in “training exercises” by special forces, and it found against Russia over the persecution of the children of Chechen dissidents.

The prime minister will make clear that the court should focus on such violations, and will say Britain has a long and exemplary record on human rights. “Human rights is a cause that runs deep in the British heart and long in British history.

“In the 13th century, Magna Carta set down specific rights for citizens, including the right to freedom from unlawful detention. “In the 17th century, the petition of right gave new authority to parliament; and the Bill of Rights set limits on the power of the monarchy. By the 18th century it was said that this spirit of liberty is so deeply implanted in our constitution, and rooted in our very soil, that a slave the moment he lands in England, falls under the protection of the laws, and with regard to all natural rights becomes instantly a freeman.

It was that same spirit that led to the abolition of slavery, that drove the battle against tyranny in two world wars and that inspired Winston Churchill to promise that the end of the ‘world struggle’ would see the enthronement of human rights.

“These beliefs have animated the British people for centuries – and they animate us today.”

Nick Clegg told the cabinet on Tuesday that he wholeheartedly supported Cameron’s campaign on the grounds that defenders of human rights should support the government as it seeks to tackle a backlog of 150,000 cases at the court. The cabinet discussion took place after Sir Nicolas Bratza, the British president of the court, criticised “senior British politicians” for pandering to tabloid newspapers over the court.

In an article in the Independent, Bratza wrote: “It is disappointing to hear senior British politicians lending their voices to criticisms more frequently heard in the popular press, often based on a misunderstanding of the court’s role and history, and of the legal issues at stake.”

The intervention by Clegg shows that Cameron has been careful to calibrate his reforms. The Liberal Democrats agreed in the coalition agreement to establish a commission to “investigate the creation of a British bill of rights that incorporates and builds on all our obligations under the European convention on human rights”. The commission has been carefully balanced to include critics and defenders of the court that enforces the convention.

Sadiq Khan, the shadow justice secretary, said: “David Cameron – instead of engaging in a positive debate about ensuring the workings of the European court on human rights are fit for purpose in these modern times – resorts to the peddling of myths that denigrate the human rights successes of the court and the convention.

“It smacks of throwing ‘red meat’ to the hungry pack of Conservative backbenches so recently emboldened by the prime minister’s waltzing away from the European negotiating table.”

© 2012 Guardian News and Media Limited or its affiliated companies. All rights reserved.

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IHT – 7 Charged as F.B.I. Closes a Top File-Sharing Site

January 20, 2012 in Articles, Spotlight

*Image from wired.com

January 19, 2012 | By BEN SISARIO

In what the federal authorities on Thursday called one of the largest criminal copyright cases ever brought, the Justice Department and the Federal Bureau of Investigation seized the Web site Megaupload and charged seven people connected with it with running an international enterprise based on Internet piracy.

Coming just a day after civil protests in the United States over proposed antipiracy bills, the arrests were greeted almost immediately with digital Molotov cocktails. The hacker collective that calls itself Anonymous attacked the Web sites of the Justice Department and several major entertainment companies and trade groups in retaliation for Mega-upload’s seizure. The Justice Department’s site and several others remained inaccessible for much of Thursday afternoon.

Megaupload, one of the most popular so-called locker services on the Internet, allowed users to anonymously transfer large files like movies and music. Media companies have long accused it of abetting copyright infringement on a vast scale. In a grand jury indictment, Megaupload is accused of causing $500 million in damages to copyright owners and of making $175 million through selling ads and premium subscriptions.

Four of the seven people, including the site’s founder, Kim Dotcom (born Kim Schmitz), have been arrested in New Zealand, the authorities said; the three others remain at large. Each of the seven people — who the indictment said were members of a criminal group it called “Mega Conspiracy” — is charged with five counts of copyright infringement and conspiracy. The charges could result in more than 20 years in prison.

As part of the crackdown, more than 20 search warrants were executed in the United States and in eight other countries. About $50 million in assets were also seized, as well as a number of servers and 18 domain names that formed Megaupload’s network of file-sharing sites.

Ira P. Rothken, a lawyer for Megaupload, said in a phone interview on Thursday that “Megaupload believes the government is wrong on the facts, wrong on the law.”

The case against Megaupload comes at a charged time, a day after broad online protests against a pair of antipiracy bills in Congress, the Stop Online Piracy Act, or SOPA, in the House, and the Protect I.P. Act, or PIPA, in the Senate.

The bills would give federal authorities expanded powers to crack down on foreign sites suspected of piracy. But technology companies and civil liberties groups say that the powers are too broadly defined and could effectively result in censorship. On Wednesday, Google and Wikipedia joined dozens of sites in political theatrics by blacking out some content and explaining their arguments against the laws.

Anonymous, which has previously set its sights on PayPal, Sony and major media executives, was more blunt in its response. The group disabled the Justice Department’s site for a time, and it also claimed credit for shutting down sites for the Motion Picture Association of America and the Recording Industry Association of America, two of the most powerful media lobbies in Washington, as well as those of the Universal Music Group, the largest music label, and BMI, which represents music publishers.

“Let’s just say, for #SOPA supporters their #SOPAblackout is today,” Anonymous wrote in a Twitter post. In an e-mail, a spokesman for the group said it was responsible for the Web attacks.

The Megaupload case touches on many of the most controversial aspects of the antipiracy debate. Megaupload and similar sites, like Rapidshare and Mediafire, are often promoted as convenient ways to legitimately transfer large files; a recent promotional video had major stars like Will.i.am of the Black Eyed Peas singing Mega-upload’s praises. But they have become notorious inside media companies, which see the legitimate uses as a veil concealing extensive theft.

Mr. Dotcom, a portly 37-year-old with dual Finnish and German citizenship, has made himself a visible target. He splits his time between Hong Kong and New Zealand and casts himself in flamboyant YouTube videos. His role as one of the most prominent Web locker operators has earned him a half-joking nickname in Hollywood: Dr. Evil.

According to the indictment, he earned $42 million from Mega-upload’s operations in 2010.

The indictment against Mega-upload, which stems from a federal investigation that began two years ago, was handed down by a grand jury in Virginia two weeks ago but was not unsealed until Thursday.

It quotes extensively from correspondence among the defendants, who work for Megaupload and its related sites. The correspondence, the indictment says, shows that the operators knew the site contained unauthorized content.

The indictment cites an e-mail from last February, for example, in which three members of the group discussed an article about how to stop the government from seizing domain names.

The Megaupload case is unusual, said Orin S. Kerr, a law professor at George Washington University, in that federal prosecutors obtained the private e-mails of Megaupload’s operators in an effort to show they were operating in bad faith.

“The government hopes to use their private words against them,” Mr. Kerr said. “This should scare the owners and operators of similar sites.”

Nicole Perlroth contributed reporting


*Photo from blogs.wsj.com


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NYT – Murdoch Company Settles With Dozens of Hacking Victims

January 20, 2012 in Articles, Spotlight

The actor Jude Law was among a list of 36 victims of alleged hacking who was said to have reached a settlement with News Corp

January 19, 2012 | By  and RAVI SOMAIYA

LONDON — Rupert Murdoch’s media empire has agreed to pay substantial damages to several dozen high-profile victims of phone and e-mail hacking, and lawyers for those victims said Thursday that they had seen documents showing that senior managers not only knew about the hacking but also lied about it and destroyed evidence as part of a cover-up.

The High Court hearing on Thursday at which the settlements were detailed was a humiliating occasion for Mr. Murdoch’s News Group Newspapers, which published the now-defunct tabloid at the heart of the hacking scandal, The News of the World. In a courtroom so jammed with lawyers, victims and members of the news media that some people had to sit on the floor, News Group’s lawyer, Michael Silverleaf, repeatedly expressed the company’s “sincere apologies” for “the damage, as well as the distress” caused to victim after victim.

The list of 37 victims settling with the company included politicians, celebrities, actors and sports figures, as well as people in their inner circles — employees, spouses, lovers. It is unclear how much News Group will end up having to pay after all the cases are finally settled, but the total bill for the 18 victims whose settlement details were disclosed Thursday reaches well above $1 million.

According to the police, there may be as many as 800 victims.

Perhaps two dozen suits are pending. News Group says it is eager to settle all the cases, but it was not clear, during extensive discussions in court, that it was able to placate all those who have brought claims.

The settlements disclosed include those of the actor Jude Law, who received £130,000, about $200,000; Sadie Frost, his ex-wife, who received $77,000; Ben Jackson, his assistant, who received $61,000; Gavin Henson, a Welsh rugby star, who also received $61,000; and Denis MacShane, a member of Parliament, who received $50,000.

In each case, News Group also agreed to pay the complainant’s legal costs, any of which could easily have run into six figures. One complainant, speaking on the condition on anonymity, said that his came to more than $300,000 — an amount that does not include News International’s fees.

But perhaps more damaging to the company than the financial penalties was a statement from lawyers for the hacking victims.

“News Group has agreed to compensation being assessed on the basis that senior employees and directors of N.G.N. knew about the wrongdoing and sought to conceal it by deliberately deceiving investigators and destroying evidence,” the statement said, referring to News Group Newspapers.

The lawyers also said they had obtained, through nine disclosure orders from the court, “documents relating to the nature and scale of the conspiracy, a cover-up and the destruction of evidence/e-mail archives by News Group.”

In a statement, News International, the British newspaper arm of Mr. Murdoch’s global empire and the parent company of News Group, said it had “made no admission as part of these settlements that directors or senior employees knew about the wrongdoing by N.G.N. or sought to conceal it.” It added, “However, for the purpose of reaching these settlements only, N.G.N. agreed that the damages to be paid to claimants should be assessed as if this was the case.”

Lawyers said, however, that it was unlikely that the company would have agreed to calculate settlements on the basis that there was a cover-up if there were in fact no cover-up.

Until the end of 2010, News International denied that The News of the World engaged in any phone hacking and vehemently vowed to fight any legal claims. After that, it admitted that some of its reporters and editors knew about the hacking. Now it has acknowledged that hacking was pervasive, and with hundreds of potential victims still left to deal with, it recently set up a Web page where people who believe their phones were hacked can file claims electronically.

More than 20 people have been arrested on suspicion of phone hacking or illegally paying the police for information. No criminal charges have been filed yet.

Steven Barnett, a professor of communications at the University of Westminster, said in a statement that the latest disclosures represented “a devastating indictment not only of the corrupt journalistic practices at The News of the World but of the calculated cover-up which apparently followed.”

The cases also extended beyond the one newspaper. Mr. Law said he had been hacked not only by The News of the World but also by The Sun, another Murdoch tabloid.

The hearing took on an almost ritualistic tone as each victim’s statement, its wording carefully vetted and approved by News Group, was read out to the court. Each reading was immediately followed by Mr. Silverleaf’s confirmation of the victim’s account and a statement that the company acknowledged “that the information should never have been obtained or used in this manner.”

In that manner, News Group admitted outright for the first time that it had committed computer hacking. Mr. Silverleaf confirmed the account of Christopher Shipman, the son of a notorious British serial killer, that The News of the World had “unlawfully obtained the confidential access to details to the claimant’s e-mail account, including his password, and had accessed his in-box.”

The victims’ statements had similar narrative arcs. At some point in the early or mid-2000’s, most said, they had become suspicious about personal information that was appearing in The News of the World. Some said they experienced odd problems with their voice mail, like being unable to gain access to it because it was busy.

Then, the victims said, they were shown evidence by the police of what The News of the World had done. Mr. Law’s statement said the police had played him messages he had left for his children’s nanny five years earlier.

The statements detail the victims’ distress and confusion. “Although the articles would often only contain a small piece of accurate information,” said Mark Thomson, the lawyer for Ms. Frost, Mr. Law’s ex-wife, it was enough for Ms. Frost “to suspect everyone close to her and for the claimant and Mr. Law to suspect each other.”

Glenn Mulcaire, the private investigator who worked for The News of the World, was News Group’s co-defendant in the lawsuits. But his lawyer said Mr. Mulcaire, who was jailed for phone hacking in 2007 and faces new criminal charges, had not admitted to wrongdoing.

Even for some of those who had settled, the matter was not over. “This is still only Act Four, Scene Four, of a five-act play,” said Chris Bryant, a member of Parliament, who was awarded about $46,000 after his phone was hacked.

Tamsin Allen, a lawyer representing a number of the victims, said that it was their perseverance, even when News Group was aggressively denying that it had ever hacked anyone, that had led to the settlement.

“It is a credit to them, the claimants, that they kept on,” she said, “because we have now discovered a massive conspiracy involving criminal activity and a cover-up.”

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NST – VOTING: Make sure your vote counts

January 13, 2012 in Articles, PLF News

Every voter should know what his or her vote is worth

January 13, 2012 | By Anas Zubedy, Kuala Lumpur

THERE is a big segment of more than four million eligible voters in Malaysia who have not registered as voters. There are another four million who are registered voters but do not vote.
There could be various reasons for this — perhaps they are too busy or consider it too much of  a hassle to go back to their hometown, and some may not take  the effort because they do not feel that their vote can really change things.

There is also an issue that people do not know which candidate to vote for. So, they sort of vent their frustration  by refusing to vote, or become dysfunctional — they adopt the attitude of almost resenting the idea of voting because they feel it would not make any difference.

I see that the problem for many who have not registered to vote or do not turn up to vote is that they do not realise the worth of their vote. I wish to remind the electorate that each vote decides almost anything under the sun in this country.

In effect, one vote, every four or five years, decides so much — how our schools are going to look like, how our children go to school, how we run our businesses and  how society develops.

The question we need to ask here is  what is my vote worth? We must realise our vote bears huge significance. Our vote decides how we run our economy,  how our matters of religion, culture and environment are handled, how our elderly and poor are taken care of and how our physically handicapped people will be provided for.

This one vote that we have will deal with gender issue, too, including retirement and welfare issues. Many do not realise that each vote is worth millions and millions of ringgit. Everything hangs on it.

Different countries have different needs. There are countries which allow voting at 16 or 18 years old. In some countries, one can vote from the time he or she is 18, but they must be married to be eligible. There are some countries, for example, which allow people to vote when they start working and start paying taxes.

In Uzbekistan, for example, one can only vote when he or she turns 25. We need to determine voting age based on the needs of our country.

Here, in Malaysia, there is a large 43 per cent of Malaysians under the age of 21. Based on this distribution, I see that it is good if we can start enrolling voters earlier.

We must get our politicians to bear in mind that a large portion of our nation is made up of young people and they must be heard and represented.

The problem now is that as our young Malaysians can only register at 21, they may only be able to vote in the following elections when they are 24. Perhaps we can allow our young to register as a voter five years before they turn 21, from the time they are 16 or 17. Then, we can ensure that the politicians will also pay attention to this 43 per cent of our population.

Should we make it compulsory for people to be registered as voters at a certain age? I don’t see how that would solve the problem as many who are registered do not even show up to vote.

There is another alternative. It would be good enough if we effectively ritualise it, make it a custom to register as a voter.  For example, when children move on to secondary school, they become young men and women, they go to the National Registration Department to get their MyKad and their parents can, at the same time, take them to the registration counter to register them as voters.

It becomes a ritual, like getting our MyKad or getting our driving licence when we are a certain age. It becomes a sign of coming of age, of adulthood and responsibility.

When people talk about who to vote, these days there is a notion that we must choose one party or the other. Some suggest a vote for anything but Barisan Nasional (BN), and some say vote for anything but Pakatan Rakyat. Some say a vote for BN is a vote for Umno, and some say a vote for DAP is a vote for Pas or vice-versa.

I find these views not only very myopic, but also illogical. This attitude of giving someone a free ride based not on careful consideration of individual merit, but based solely on party partisanship, is what helps create a corrupt government in the long run. In the short term, we have incompetent lawmakers.

While political parties have a big role to play, I suggest that we vote first for individuals.

This is because when we make this stand, no political party in their right mind would dare to choose incompetent candidates to represent them.

When we choose the individual carefully, rationally and without partisanship, we will compel and ensure that only right calibre people become our leaders. When we have such people in Parliament, we need not worry which party they come from because these people will find a way to work together for the good of the nation.

I see that we can come up with a list of criteria to help us choose who to vote for — characteristics that we need in our members of parliament, for example, intelligence and diligence, good mental and physical health, someone who understands and empathises with all cultures in Malaysia and who would speak for all Malaysians regardless of race or religion.

This list of minimum requirements of who we need and what we need them to do would give us a framework for us to measure which candidate would be the best option. In other words, this is a “contract” you can ask of possible candidates in exchange for your vote; this is not considered as corruption.  Below is the contract I would ask of the candidates from the Lembah Pantai area in exchange for my vote:

SPEAK ON behalf of all Malay- sians regardless of race or religion, at all times and not fight only for their own community. If they fight for their own community, they must balance it up with equal consideration for others;

WITHIN THE first year of their appointment, take a course to understand all the religious and cultural practices of Malaysians;

SHOW CLEAR appreciation and support that the Malay and indigenous customs form our core culture, while the Chinese, Indian and other cultures play strong supporting roles as part and parcel to form the unique Malaysia brand;

ALWAYS PRACTISE empathy; for example  refuse to allow beef or pork to be served or sold in all government-related premises, projects and all party activities;

BE ABLE to speak Malay fluently and English comfortably. If they cannot, they have to take courses to learn and pass a proficiency test within their first six months;

PUBLICLY DECLARE their assets with a third-party register;

PROPOSE TO make the Malay- sian Anti-Corruption Commission  report directly to Parliament within six months;

PROMOTE ECONOMIC policies that provide support to all Malaysians in the bottom 40 per cent strata of society, regardless of race;

PROPOSE THE enactment of non-party hopping laws within six months and continue to fight for it until the law is in place;

INITIATE A PROCESS to work towards one-stream schools, which also adequately provide for all who want to learn their vernacular languages, to be established within the next 15 years. Propose a constitutional change to make this happen;

GO THROUGH a basic management programme for the management of self, people and organisations. (I would recommend reading Peter Drucker’s books on management which include all the essentials);

REFUSE TO work just for politics and your party, but for the people first. As such, you should be prepared to go against your own bosses and fellow party members if they cannot meet the minimum standard requirements. When it comes to what is best for our nation, it is above politics; and,

ALWAYS LOOK for the middle path that can move us forward; even when being pragmatic at times will mean choosing a workable compromise that will be better in the long run for the nation.

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