Dic 17 2015

Whatsapp bloqueado en Brasil

Tag: (i)realidadJoaquim Anguas @ 1:04 pm

Según informan en Reuters los operadores de Brasil han bloqueado Whatsapp durante 48h por orden de una Juez del Tribunal Estatal de Justicia de São Paulo. Al parecer se debe al incumplimiento de la empresa de Mountain View de reiteradas comisiones rogatorias en el seno de un asunto por tráfico de drogas.

Subyace al parecer también un conflicto con los operadores locales por la funcionalidad de llamadas de la aplicación. Por lo pronto parece que Telegram ha ganado 1,5M de usuarios en dos días.

No tengo presentes estadísticas al respecto de situaciones similares en España. Para blanqueo de capitales hay algunos porcentajes de cumplimiento en la Memoria de Información Estadística 2010-2012 de la Comisión de Prevención del Blanqueo de Capitales e Infracciones Monetarias (ver p39 de la memoria).

La muestra de la que dispongo para delitos más graves es muy reducida, pero en la investigación de delitos patrimoniales la respuesta (o la falta de ella) de muchos proveedores globales les llevaría al bloqueo más pronto que tarde de actuarse con esta contundencia.


Oct 06 2013

Federal Prosecution, explained by example

Tag: Informática LegalJoaquim Anguas @ 10:27 pm

This is a highly recommendable text from Mr. Ken White from Popehat in which he explains how Federal Prosecution works using the recent Silk Road raid as an example.

There’s no indication that the murder occurred or that the murderer was an undercover, so it may have been a scam by the purported murderer. The presence of the murder scheme in the New York complaint is entirely gratuitous to support holding Ulbricht without bail and make him look menacing, even though it may actually signify that a purported criminal mastermind was duped by fake murderers in two separate countries. Federal criminal justice is like that.

Mr White also delivered a very interesting IAmA at Reddit six months ago:

I think the federal guilty plea rate is in the 90-95% range, with the remainder being trials and the occasional dismissal or other resolution.

How bad is that? This is really, really bad, because this means the forces that may shape and influence laws are not applying. How will we know how facts are proven in court if the court is not hearing them?

Also on Aaron Swartz:

Third part: As a defense attorney, what’s frustrating is seeing so many smart people devoted to the idea that Swartz was singled out for unusually harsh or unfair treatment. He wasn’t. People get treated just as badly, or worse, by the federal system all the time with zero attention. And the federal system is like the motherfucking Ritz Carlton compared to the state system.


May 29 2011

Shoot first, identify later?

Tag: (i)realidad,Informática LegalJoaquim Anguas @ 5:01 pm

Though federal courts can indeed be slow, it took Shadur only three days from the case assignment to issue a memorandum order that opened with these words:
“It seems that attorney John Steele (“Steele”) might be well advised to stay away from Las Vegas or other casinos, because his current filing on behalf of plaintiff Boy Racer, Inc. has—despite odds in the range of 25 to 1—been assigned at random to the calendar of this District Court, which had previously been the recipient of another random assignment of a Steele-filed action (that one being CP Productions, Inc. v. Does 1-300, No. 10 C 6255). This Court had ended up dismissing the CP Productions action for the reasons stated in its February 7, 2011 memorandum order and its February 24, 2011 memorandum opinion and order, which (among other reasons) rejected attorney Steele’s effort to shoot first and identify his targets later.”

Via arstechnica.

Enter DGW! (again) :

After being honored with an Oscar for best motion picture last year, the makers of The Hurt Locker have now also secured the award for the biggest file-sharing lawsuit the world has ever witnessed. By targeting at least 24,583 alleged BitTorrent users, Voltage Pictures hopes to recoup millions of dollars in settlements to compensate the studio for piracy-related losses.”

The math shows that this scheme could turn out to be extremely profitable for the parties involved. If ‘only’ 10,000 of the alleged infringers eventually pay a $2,000 settlement this would bring in $20 million. In comparison, that’s more than the $17 million The Hurt Locker grossed at the U.S. box office.”

See also here for some background.


Feb 26 2011

The end of the saga?

Tag: Informática LegalJoaquim Anguas @ 8:02 pm

Thousands of unnamed “John Does” in P2P file sharing lawsuits filed in California, Washington DC, Texas, and West Virginia have been severed, effectively dismissing over 40,000 defendants. The plaintiffs in these cases must now re-file against almost all of the Does individually rather than suing them en mass. These rulings may have a significant impact on the copyright trolls’ business model, which relies on being able to sue thousands of Does at once with a minimum of administrative expense. The cost of filing suit against each Doe may prove prohibitively expensive to plaintiffs’ attorneys who are primarily interested in extracting quick, low-hassle settlements.

See also:
On the menu for today: Motion to quash
Economies of scale
News on 873
Single action, multiple defendants and the power of self interest>

Vía:
EFF


Dic 21 2010

DDoS

Tag: (i)realidad,01Joaquim Anguas @ 11:19 am

Our research suggests that:

  • DDoS attacks against independent media and human rights sites have been common in the past year, even outside of elections, protests, and military operations. With recent highly publicized DDoS attacks on Wikileaks, and “Operation Payback” attacks by “Anonymous” on sites perceived to oppose Wikileaks, we expect these attacks to become more common.”

2010 Report on Distributed Denial of Service (DDoS) Attacks.

Via boingboing.


Dic 18 2010

On the menu for today: Motion to quash

Tag: Informática LegalJoaquim Anguas @ 6:25 pm

ORDER: denied as moot [7] Motion to Quash. All defendants except Doe 1 are hereby SEVERED from this action. Civil Action No. 3:10-CV-93 SHALL BE assigned to John Doe No. 1 as an individual defendant. Signed by Chief Judge John Preston Bailey on 12/16/2010.

Single action, multiple defendants cases continue their own via crucis. You can find some background here, here and here.

Latest news come from a last wave of cases filled by copyright holders against some thousands of “Does”. Chief Judge John Preston Bailey decided to severe all “Does” but one in the cases he is involved with.

Via arstechnica.


Oct 10 2010

Economies of scale

Tag: Informática LegalJoaquim Anguas @ 1:59 pm

If 18th century saw the birth of new ways to produce goods that were later to be referred to as “industry”, 2010 is seeing the emergence of a new trend in litigation targeting and management.

Applying economies of scale to litigation is not new, but making it a business model is.

Law firms in UK and USA are taking advantage of the process set in their jurisdictions to help copyright holders getting back the supposed gain they should have got from people making use of P2P technologies to get their work for free.

Continue reading “Economies of scale”


Jul 01 2010

On the menu for today: class action

Tag: Informática LegalJoaquim Anguas @ 11:38 am

Thanks to PACER system those of us interested in adjective law in USA we never run out of interesting examples.

The last addition is a wonderful example of class action complaint: KEVIN MCCAFFREY and LINDA WRINN vs. APPLE, INC. and AT&T, INC.

Reference is UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND, 1:10-cv-01776-RDB.

See here for some background.

As for the use of PACER system, let me remind you this:

IMPORTANT NOTICE OF REDACTION RESPONSIBILITY: All filers must redact: Social Security or taxpayer-identification numbers; dates of birth; names of minor children; financial account numbers; and, in criminal cases, home addresses, in compliance with Fed. R. Civ. P. 5.2 or Fed. R. Crim. P. 49.1. This requirement applies to all documents, including attachments.”

I’ve found documents on the web showing information in clear that should be redacted. Please guys, be careful and REDACT before making this kind of documents available.


Jun 15 2010

News on 873

Tag: Informática LegalJoaquim Anguas @ 9:57 am

White Berberian charges $249 to negotiate a settlement on behalf of accused file sharers. That fee will not cover any “litigation-related activities” the attorneys said on the site. Steven White, one of the two founders of the firm, stressed in an interview with CNET late Friday that he and law partner Sean Berberian won’t charge any client, unless they save the client money. He acknowledged that neither he nor Berberian are experts in intellectual-property law but said they have a good understanding of the issues. The way they see the landscape looks like this: it is in Dunlap Grubb’s interest to get the cases settled as quickly as possible, and this is where White Berberian hopes it can persuade the lawyers and Voltage Pictures to negotiate.

That’s fine, but what about people who claim to be innocent and refuse to settle? White said that for people who are innocent and want to fight, he would have a “frank discussion” about the facts of their case and the cost. According to White, the first thing that people accused of copyright infringement by Dunlap Grubb should know is that the firm is probably willing to sue a few people so that they can prove to everyone that their threats about litigation are real.”

Arizona law firm White Berberian offers help to settle case for people accused of illegal file sharing by “U.S. Copyright Group” (represented by Dunlap Grubb & Weaver). They don’t seem to be willing to litigate, which would help to see if the strategy in place works or not…

Via CNET, via BoingBoing.


Jun 04 2010

Evidence Examination Started

Tag: Informática LegalJoaquim Anguas @ 10:16 am

The case I introduced here is progressing.

The last episode ends with the examintation of the evidence seized while serving the search warrant at Mr. Journalist house.

I had to look up the role of the special master.


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