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* Posts by LegalAlien

14 posts • joined 4 Feb 2011

Scrapping the Human Rights Act: What about privacy and freedom of expression?

LegalAlien

No, to leave the ECHR, the UK would have to leave the Council of Europe (nothing to do with the EU). The CoE has 47 member countries, including Russia and Georgia. http://en.wikipedia.org/wiki/Member_states_of_the_Council_of_Europe

It would be an unprecedented departure by UK from human rights agreements, agreed between a large number of countries over decades.

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Has Europe cut the UK adrift on data protection?

LegalAlien

Re: Quite true

There's no such thing as a 'human rights directive'...

European Convention on Human Rights (shortened to ECHR). The ECHR is a Council of Europe treaty, including all EU countries, but also Russia, Turkey etc. (41 countries are signatories, as well as the EU itself additionally).

The European Court of Human Rights (which is in Strasbourg), rules on breaches of this treaty, which is why you have cases like "R v Russia" and "Z v United Kingdom". Churchill was a fan.

The Human Rights Act [of [UK] Parliament], gives effect to this treaty in the UK.

Withdrawing from the ECHR would be a bit like the USA withdrawing from its Constitution. Crazy.

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Guardian teams up with New York Times for future Snowden GCHQ coverage

LegalAlien
Stop

Re: Danger already present

Not really. Snowden is referring to journalists' treatment of the material. Greenwald is referring to (and rebutting) an allegation abouttthe government (namely that he is subject to a an agreement with the government that restricts his ability to report). Simple really.

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Jimbo Wales: Wikipedia servers in UK? No way, not with YOUR libel law

This post has been deleted by a moderator

GCHQ wants to enlarge 'experienced' specialists' packages

LegalAlien

I noticed that bit...

... What exactly does GCHQ do for the "economic wellbeing" of the UK? Does it actively steal IP and commercial secrets from foreign governments/companies? If so, how does it (lawfully) pass that on to domestic companies? (with difficulty!).

Does it protect private companies from foreign espionage?

Curious 's all

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Vint Cerf: 'The internet is not a human right'

LegalAlien
Stop

ECHR

.... European Convention on Human Rights:

"Article 10 – Freedom of expression

1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary."

The relevant bit is: "freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers."

So, in a sense, the internet is nowadays an extremely important method by which people can exercise their human right to expresseion (a.k.a. freedom of speech).

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Microsoft de-cloaks Windows 8 push-button lifesaver

LegalAlien
Thumb Down

Err...

Presumably as a competent admin you would not allow end users (in a corporate environment) to install applications or - heaven forbid - refresh/reset by, for example, changing their permissions?

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2016: Death of the wallet as NFC tap-cash arrives at last

LegalAlien
Pint

Pubs!

related topic....

I have three (debit/credit) cards with wireless PayWave system but no pubs accept them and instead I have to wait for ages for pin to be entered and payment to be authorised.

Why don't pubs accept these quick payment methods!! GGrr

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Facebook says it's winning against Justin Bieber smut onslaught

LegalAlien
Coffee/keyboard

Ha ha ha ha!

Hilarious, new keyboard needed - or a cloth

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Assange takes extradition fight to Supreme Court

LegalAlien
FAIL

Fail

"As a soldier you do what you are ordered to do." - ??

That defence didn't work so well for the Nazis post-WW2, did it? (lookup Nuremberg: " "defense of superior orders" is not a defense for war crimes"). Also hasn't worked for a number of genocidal maniacs since then...

Dumbfuck

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Data Protection Directive revamp: UK looking sidelined?

LegalAlien
Meh

Why the scepticism Amberhawk?

1. European institutions are the only ones ACTIVELY doing anything consumer/human-friendly about data protection (cf. the UK ICO).

2. One of the biggest costs to businesses (big and small) is complying with the various different European Member States' differing implementations of the 95/46 Directive (clue: UK citizens get very few rights as "data subjects"; countries like Germany get constitutional-level protection).

I'd say a European "Regulation" would be very welcome. By the way, to all readers, a "Regulation" is European law that must be transposed into national (in our case UK) law as-is, whereas a "Directive" allows Members States freedom to determine how to implement said Directive.

Anyone ever wonder WHY the UK's ICO has no budget or teeth?

is the iOne of th

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UK biz: Fax us and explain what this cloud thing is

LegalAlien
Thumb Down

That is simply not true...

... I worked in the largest law firm in the world (as a solicitor), in the Netherlands, Poland, France and the UK and I worked as in-house lawyer for Airbus and now I'm the head lawyer of a software company. In all these places (certainly in the last 6 or 7 years) signed/scanned PDFs have been perfectly sufficient to create the desired legal relationship. Indeed that is far more common that faxes.

If a party was to say (in an English court at least): "Sorry Judge, I don't consider myself bound by the contract because it was a PDF" [not a fax], he would be laughed out of Court (by the Judge) and he would lose and he would be ordered to pay his opponents legal costs. Of course, if there was a digital forgery, that could be raised, but then the emphasis would be on the party seeking to allege that a signature had been forged (email chains are good against this).

Incidentally, I now sign documents by inserting a JPG of my signature into a word document and printing to PDF which preserves the quality of the text and avoids having to use a printer at all, and I've noticed more and more people doing this.

0 Even in the 'conservative' law firm, contracts and documents which were suposed to be binding

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RIM is now worth less than its assets

LegalAlien
Megaphone

look over in that direction, no "there"

vs

my apple

your apple

his apple

her apple

their apple

= "...bad management can keep their jobs"

FFS

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ISPs and Vaizey set to bump heads over default porn filter

LegalAlien
Megaphone

and in Europe...

..."Freedom of expression applies not only to information which is favourably received, but also to that which shocks, offends and disturbs" (European Court of Human Rights, Handyside v UK judgment 1976)

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