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Sunday, October 4, 2009

Massachusetts-based First Amendment rights lawyer Marc Randazza is defending a controversial parody website which satirizes American political commentator Glenn Beck. The website was created in September by a man from Florida named Isaac Eiland-Hall, and it asserts Beck uses questionable tactics “to spread lies and misinformation”.

The website created by Eiland-Hall is located at the domain name “www.GlennBeckRapedAndMurderedAYoungGirlIn1990.com”. Its premise is derived from a joke statement made by Gilbert Gottfried about fellow comedian Bob Saget. The joke was first applied to Beck on the Internet discussion community Fark. It then became popular on Internet social media sites including Reddit and Digg, and was the subject of a Google bomb, a technique where individuals link phrases in order to artificially change Google search results.

Eiland-Hall saw the discussion on Fark, and created a website about it. The website asserts it does not believe the rumors to be true, and states: “But we think Glenn Beck definitely uses tactics like this to spread lies and misinformation.” In an interview with Ars Technica, he said the website was “using Beck’s tactics against him”. The website was created on September 1, and by September 3 attorneys for Beck’s company Mercury Radio Arts took action. Beck’s lawyers sent letters to the domain name registrar where they referred to the domain name itself as “defamatory”, but they failed to get the site removed.

Beck filed a formal complaint with the Switzerland-based agency of the United Nations, the World Intellectual Property Organization. Beck alleged that the website’s usage is libelous, bad faith, and could befuddle potential consumers. Beck’s complaint was filed under the process called the Uniform Domain Name Dispute Resolution Policy. The policy allows trademark owners to begin an administrative action by complaining that a certain domain registration is in “bad faith”. A lawyer for Beck declined to provide a comment to the Boston Herald, however a source told the newspaper that Beck’s complaint with the site is primarily a “trademark issue”.

Randazza established an attorney-client relationship with Eiland-Hall after his client received threatening letters from attorneys representing Beck. He then sent an email to Beck’s attorneys, and pointed out inconsistencies between their client’s recent actions and his prior public statements in support of the First Amendment. Randazza wrote a reply to the World Intellectual Property Organization, and contends that the website is “protected political speech”, because it is “satirical political humor”. Randazza stated that “Even an imbecile would look at this Web site and know that it’s a parody.” In his legal brief, Randazza compared the website to other Internet memes, such as “All your base are belong to us” and video parodies of the German film Downfall.

“We are here because Mr. Beck wants Respondent’s website shut down. He wants it shut down because Respondent’s website makes a poignant and accurate satirical critique of Mr. Beck by parodying Beck’s very rhetorical style,” wrote Randazza in the brief. The brief also commented on Beck’s style of reporting, and pointed out a controversial statement made by Beck when he interviewed a Muslim member of the United States Congress. Beck said to Representative Keith Ellison: “I like Muslims, I’ve been to mosques. … And I have to tell you, I have been nervous about this interview because what I feel like saying is, sir, prove to me that you are not working with our enemies.” According to the Citizen Media Law Project, the website’s joke premise takes advantage of “a perceived similarity between Beck’s rhetorical style and the Gottfried routine”.

Public interest attorney Paul Levy told Ars Technica that if a statement in a website’s domain name were both false and “stated with actual malice”, it is possible it could be considered defamatory. The First Post reported that Electronic Frontier Foundation attorney Corynne McSherry gave an analysis asserting that though the domain name of the website is “pretty dramatic”, it constituted “pure political criticism and there’s nothing wrong with that”. McSherry and Levy both agreed that the action of Beck to take the matter to the World Intellectual Property Organization was probably a tactic to determine the identity of the website’s owner.

Andy Carvin of National Public Radio wrote that Randazza’s legal brief was amusing, commenting: “It’s not often that I would recommend reading a World Intellectual Property Organization legal brief for its entertainment value, but today is going to be an exception.” Nate Anderson of Ars Technica commented “In any event, the WIPO battle promises to be entertaining, and there’s even a bit of serious purpose mixed in with the frivolity. Just how far can WIPO go in using its domain dispute system to address Internet spats?”. Domain Name Wire wrote that “…when someone who has created a bitingly satirical web site works with his lawyer to put pen to the paper, the end result can be quite amusing.”

Writing for Adweek, Eriq Gardner pointed out the comparison made by Randazza’s legal brief between the website’s parody nature itself and the statement made by Beck to Congressman Ellison, noting: “this case also makes a political point”. Jack Bremer wrote in The First Post that the attempts by Beck’s lawyers to argue that the website’s domain name is itself defamatory “looks like a first in cyber law”. Rick Sawyer of Bostonist characterized Randazza’s legal brief as “Hillarious!”, and called the attorney “among the North Shore’s most hilarious legal writers”.

The FOX News-critical site FoxNewsBoycott.com likened the legal conflict between Beck and the site to the Streisand effect, a phenomenon where an individual’s attempt to censor material on the Internet in turn proves to make the material itself more public. “Glenn Beck is experiencing the Streisand Effect first hand,” wrote FoxNewsBoycott.com. John Cook of Gawker.com also compared Beck’s actions to the Streisand effect: “Now Glenn Beck’s trying to shut down their web site, ensuring that people will write about it.” Jeffrey Weiss of Politics Daily wrote that by taking legal action, Beck “did the one thing guaranteed to garner the greatest amount of publicity for the site”. Techdirt described Beck’s legal action as “not particularly smart”, and noted: “Beck would have been better off just ignoring it. Instead, in legitimizing it by trying to take it down, many more people become aware of the meme — and may start calling attention to situations where Beck (and others) make use of such tactics.” The blog Hot Air noted the issue could gain attention if it becomes a test case for the First Amendment: “If this becomes a First Amendment test case, the smear’s going to be covered far and wide…”

Friday, September 29, 2006

Diamond Brownridge, a 5-year old girl from Chicago, Illinois, has died after a visit to the dentist. Children’s Memorial Hospital officials say that the girl was rushed to the hospital when she never woke up after being sedated for a dental procedure. She had been in a coma, on life support, since being admitted to the hospital early in the weekend.

“She passed very peacefully and beautifully,” said the hospital in a statement that the family issued.

Ommettress Travis, the mother of the girl, was asked not to remain inside the room while dentists were operating on the girl to repair two cavities and to have at least two caps replaced. Travis says after thirty minutes she was asked to come back in and found Brownridge not breathing, in the dentist chair.

Hicham Riba, a specialist and professional in anesthesia, who was also licensed, was the dentist in charge of the procedure.

“My family and I are so sad. May God bless Diamond and her family. Every time you have a tragedy like this, you pray more. I don’t think I will ever go back to a normal life after an experience like this,” Riba said in a statement on Wednesday, September 28.

According to the family, the girl had been given at least a triple dose of medicine that sedated her. Those drugs include: nitrous oxide gas, a single dose of an “oral agent” and an IV.

A judge has ordered that all equipment and materials used during the operation be protected and examined. The girl’s medical records have also been ordered to be examined.

There is no word on whether or not any charges will be filed against Riba or any of the dentist’s staff.

Tuesday, March 10, 2009

The trial began today for a Pennsylvania state trooper accused of killing his girlfriend’s estranged husband.

Kevin Foley, 43, is accused of cutting the throat of John Yelenic, a dentist who was in the final stages of finalizing a divorce from his wife, Michele. According to prosecutors, Foley “loathed Dr. Yelenic” so much that he asked another fellow trooper to help him commit the alleged murder, which occurred in Yelenic’s Blairsville home.

Deputy Attorney General Anthony Krastek told an Indiana County jury that Foley also prayed Yelenic would die, and spread false rumors that Yelenic molested his adopted son.

“You will see Kevin Foley has the motive, the opportunity and the ability to commit this crime, almost to the exclusion of anybody else,” Krastek said.

Foley’s defense attorney, Jeffrey Monzo, said during opening statements that DNA evidence was not conclusive. Monzo admitted to the jury that Foley did not like Yelenic, but said that does not mean he murdered him.

“Kevin Foley is innocent,” he said.

Prosecutors said they could call as many as 70 witnesses to try and prove Foley wanted Yelenic to die. The trial, at the Indiana County Courthouse, is expected to last about three weeks.

Foley, who is on unpaid suspension from the Pennsylvania State Police, is charged with criminal homicide. The jury has the option of convicting him of first-degree murder, which could put Foley in prison for life without parole, or of a lesser degree charge, like manslaughter.

John Yelenic was found dead in his home on April 13, 2006, one day before he was planning on signing his divorce papers. Prosecutors said Foley killed Yelenic after going to the dentist’s house to confront him over the terms of the divorce. Prosecutors claim Foley slashed Yelenic several times with a knife and pushed his head through a small window, causing a further gash on his neck. Yelenic bled to death.

Foley had been living with Michele Yelenic for two years at the time of the alleged homicide. Krastek said Michele also helped perpetuate rumors that Dr. Yelenic molested their son. John and Michele Yelenic had been separated in 2002. Michele Yelenic stood to collect Dr. Yelenic’s estate and a $1 million life insurance policy, and could lose about $2,500 a month in support if the divorce was finalized, a Pennsylvania grand jury previously determined.

Michele Yelenic is expected to testify that Foley was home with her when the alleged murder occurred. Krastek told the jury DNA under Yelenic’s fingerprints will ultimately link him to the murder, as will bloody shoe prints found at the crime scene that match athletic shoes Foley is known to wear.

Monzo also said authorities have failed to investigate several other suspects, including Yelenic’s neighbor. Monzo said Yelenic was on very friendly terms with the neighbor’s wife, which could have given him a motive to commit the murder.

Prior to the trial, Foley’s defense attorneys unsuccessfully sought a change of venue because an overwhelming majority of the jury pool was familiar with the allegations. The change was denied when jurors insisted they had not formed an opinion about the charges.

Tuesday, April 26, 2005

Russian President Vladimir Putin spoke live on state television Monday in his annual state-of-the-nation address using high ideological rhetoric when calling on lawmakers and the public to strengthen democracy and the rule of law. His 50 minute address from the Kremlin’s Marble Hall only briefly touched on the “epidemic of collapse” , a reference to upheavals in Chechnya, Kyrgyzstan and the Ukraine, which was “a real drama” stranding millions of Russians beyond the borders of the Russian Federation.

Brushing off what was probably taken as criticism during last week’s visit by Condoleezza Rice who commented the Kremlin ran a “managed democracy”, Putin stressed that “Russia … will decide for itself the pace, terms and conditions of moving towards democracy.”

Putin was critical of the lack of progress in implementing his reform proposals. Calling for a crackdown on corruption, where treatment by tax inspectors are “terrorizing business”, he addressed concerns of the business community by condemning a series of back-tax bills like the ones that dismembered Yukos and face other major Russian corporations.

He was also critical of a bureaucratic attitudes that treat “state service as some type of business”. He made clear the need for investment must be met by “rules of the game” that are consistent, saying “Russia is certainly interested in the inflow of private investments on a large scale, including foreign investments. It is our strategic choice and our strategic approach.”

Putin called for proposals to index wages to inflation over the next two years, and for the introduction of a flat 13% tax on undeclared earnings in the shadow economy, a slice that represents nearly 35% of the nation’s economy, by legalizing what was previously defined as illegal income.

Putin supports the development of a strong state system with determination for Russia to avoid the disarray that led to the collapse of the Soviet Union. Saying, “First and foremost it is worth acknowledging that the demise of the Soviet Union was the greatest geopolitical catastrophe of the century.” He sees the need for strengthening the legal system and the political environment to assure a more just society in avoiding a replay of a Russian downfall.

On politics, he pointedly abandoned the much-used ‘stability’ catch phrase of the bureaucracy. Putin signaled to the bureaucratic caste who are on the eve of their upcoming parliamentary and presidential elections they should promote partisanship and civil society.

By studiously avoiding too many references to business, the thrust of his address sought to reassure the small property holder class, rather than big business and other elite investors.

Saturday, October 14, 2006

Over the weekend, millions of Americans faced the new ban of online gambling.

The legislation was attached by Rep. Bill Frist to the Port Security bill.

Many of the public companies that offer online gambling have been quick to react and give their outlooks on the legislature. Party Gaming and 888 among others have said that they will shut down all U.S. operations if President Bush signs the bill into law. This sent online gambling stocks tumbling with Party Gaming leading the way with a 55% decrease in market value.

The people involved are awaiting to see what happens over the next few weeks.

Saturday, December 5, 2009

According to Médecins Sans Frontières the health care system in Sierra Leone causes loss of life because the poor cannot afford medical treatment.The maternal death rate and the child mortality rate in Sierra Leone are the highest in the world.Experiences of Médecins Sans Frontières had shown that free care or low fees lead to a dramatic increase in the number of patients.Nonetheless the national health system of Sierra Leone demands payment for all treatment with simple consultations costing as much as 25 days of income.According to Action Against Hunger the number of children with acute malnutrition has reached almost twice the level of the WHO‘s emergency threshold of 2% in the Moyamba district of Sierra Leone.

The Los Angeles Times writes that Sierra Leone, in spite of decades of foreign aid, has not yet increased the standard of living of its people considerably and 60% of the public spending of Sierra Leone come from other governments and nonprofit organizations.Since 2002 the country received $1 billion in aid but the infant mortality rate is almost the highest in the world, lower than Angola but higher than Afghanistan. The newspaper further reports that the United Nations state that 1 in 8 Sierra Leonean women die giving birth, as compared to 1 in 4,800 in the United States and that life expectancy in Sierra Leone is merely 41 years while in Bangladesh life expectancy reaches 60 years.

The government of Sierra Leone had expressed its intend to abolish user fees for women and children with a new plan for a fairer health care system that was to be revealed on the Sierra Leone Investment and Donor Conference, which was held in London on November 18 and 19.

“The Sierra Leone government has publicly stated its commitment to abolish user fees, and the UK government and other donors have promised to help,” said Seco Gerard, advisor at Médecins Sans Frontières’s analysis and advocacy unit. “What is crucial now is that Sierra Leone actually receives the necessary funding and technical assistance to realise this objective. It is time that words are being followed up by concrete action. If not, people who could otherwise be saved will continue to die needlessly every day.”

The Telegraph reports that president Bai Koroma was also hoping to secure a significant increase in aid donations with his new health plan.While Germany declined to support president Bai Koroma’s “Agenda for Change” and urged to give more consideration to women’s welfare the country received support from the European Union, DFID, UNIPSIL, World Bank, IFAD and the African Development Bank. From the pledges of $850 million the government of Sierra Leone was hoping for only about $300 millions could be secured, with attached conditionalities concerning the use of funding.

In a presentation at the Ministry of Finance and Economic Development in Freetown the Unicef representative for Sierra Leone, Mr. Mahimbo Mdoe, expressed gratitude about a pledge of about $1.3 million conveyed by the Ambassador of Japan to Sierra Leone, His Excellency Mr. Keiichi Katakami, and about earlier donations to UNICEF-Sierra Leone in the past years, amounting to over $20 million.The intended application of the funding is the goal to half child and maternal mortality by 2010, to introduce a social health insurance scheme, to improve equipment and to train health professionals.