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Federal judge rules that the “terrorist watchlist” database violates U.S. citizens’ rights

A Federal judge appointed by President George W. Bush has ruled that the “terrorist watchlist” database compiled by Federal agencies and used by the Federal Bureau of Investigation and the Department of Homeland Security violates the rights of American citizens who are on it.

The ruling, first reported by The New York Times, raises questions about the constitutionality of the practice, which was initiated in the wake of the September 11 terrorist attacks.

The Terrorist Screening Database is used both domestically and internationally by law enforcement and other federal agencies and inclusion on the database can have negative consequences — including limiting the ability of citizens whose names are on the list to travel.

The U.S. government has identified more than 1 million people as “known or suspected terrorists” and included them on the watchlist, according to reporting from the Associated Press.

The ruling from U.S. District Judge Anthony Trenga is the culmination of several years of hearings on the complaint, brought to court by roughly two dozen Muslim U.S. citizens with the support of Muslim civil-rights group, the Council on American Islamic Relations.

The methodology the government used to add names to the watch list was shrouded in secrecy and citizens placed on the list often had no way of knowing how or why they were on it. Indeed, much of the plaintiffs lawsuit hinged on the over-broad and error-prone ways in which the list was updated and maintained.

“The vagueness of the standard for inclusion in the TSDB, coupled with the lack of any meaningful restraint on what constitutes grounds for placement on the Watchlist, constitutes, in essence, the absence of any ascertainable standard for inclusion and exclusion, which is precisely what offends the Due Process Clause,” wrote Judge Trenga.

In court, lawyers for the FBI contended that any difficulties the 21 Muslim plaintiffs suffered were outweighed by the government’s need to combat terrorist threats.

Judge Trenga disagreed. Especially concerning for the judge were the potential risks to an individual’s reputation as a result of their inclusion on the watchlist. That’s because the list isn’t just distributed to federal law enforcement agencies, but also finds its way into the hands of over 18,000 state, local,  county, city,  university and college, and tribal and federal law enforcement agencies and another 533 private entities. The judge was concerned that mistaken inclusion on the watchlist could have negative implications in interactions with local law enforcement and potential employers or local government services.

“Every step of this case revealed new layers of government secrets, including that the government shares the watchlist with private companies and more than sixty foreign countries,” said CAIR Senior Litigation Attorney Gadeir Abbas. “CAIR will continue its fight until the full scope of the government’s shadowy watchlist activities is disclosed to the American public.”

Federal agencies have consistently expanded the number of names on the watchlist over the years. As of June 2017, 1.16 million people were included on the watchlist, according to government documents filed in the lawsuit and cited by the AP — with roughly 4,600 of those names belonging to U.S. citizens and lawful permanent residents. In 2013, that number was 680,000, according to the AP.

“The fundamental principle of due process is notice and the opportunity to be heard,” said CAIR Trial Attorney Justin Sadowsky. “Today’s opinion provides that due process guarantee to all Americans affected by the watchlist.”

Elon Musk, SEC agree to guidelines on Twitter use

Tesla,  Elon Musk and the U.S. Securities and Exchange Commission reached an agreement Friday that will give the CEO freedom to use Twitter —within certain limitations — without fear of being held in contempt for violating an earlier court order.

Musk can tweet as he wishes except when it’s about certain events or financial milestones. In those cases, Musk must seek pre-approval from a securities lawyer, according to the agreement filed with Manhattan federal court.

U.S. District Judge Alison Nathan, the presiding judge on this matter, must still approve the deal. Nathan had given the SEC and Musk two weeks to work out their differences and come to a resolution.

Musk must seek pre-approval if his tweets include:

  • any information about the company’s financial condition or guidance, potential or proposed mergers, acquisitions or joint ventures,
  • production numbers or sales or delivery number (actual, forecasted, or projected),
  • new or proposed business lines that are unrelated to then-existing business lines (presently includes vehicles, transportation, and sustainable energy products);
  • projection, forecast, or estimate numbers regarding Tesla’s business that have not been previously published in official company guidance
  • events regarding the company’s securities (including Musk’s acquisition or disposition of shares)
  • nonpublic legal or regulatory findings or decisions;
  • any event requiring the filing of a Form 8-K such as a change in control or a change in the company’s directors; any principal executive officer, president, principal financial officer, principal accounting officer, principal operating officer, or any person performing similar functions

The fight between the two parties began after Musk’s now infamous August 7, 2018 tweet that had “funding secured” for a private takeover of the company at $420 per share. The SEC filed a complaint in alleging that Musk had committed securities fraud.

Musk and Tesla settled with the SEC last year without admitting wrongdoing. Tesla agreed to pay a $20 million fine; Musk had to agree to step down as Tesla chairman for a period of at least three years; the company had to appoint two independent directors to the board; and Tesla was also told to put in place a way to monitor Musk’s statements to the public about the company, including via Twitter.

The fight was re-ignited after Musk sent a tweet on February 19 that Tesla would produce “around” 500,000 cars this year, correcting himself hours later to clarify that he meant the company would be producing at an annualized rate of 500,000 vehicles by year end.

The SEC argued that the tweet sent by Musk violated their agreement. Musk has said the tweet was “immaterial” and complied with the settlement.

The SEC had asked the court to hold Musk in contempt for violating a settlement agreement reached last October over Musk’s now infamous “funding secured” tweet. The SEC had argued that Musk was supposed to get approval from Tesla’s board before communicating potentially material information to investors, the agency has argued. The SEC claimed a February 19 tweet violated the agreement.

Musk has steadfastly maintained that he didn’t violate the agreement.

Judge praises drug dealer's business model, although obviously quite illegal

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We often like to cast criminals as dumb, but one illegal operation has really impressed a judge.

20-year-old Brodie Gary Satterley from Maroochydore, Australia, was sentenced to three years’ jail with immediate parole, and was also praised for his business skills in court, according to Sunshine Coast Daily

Brisbane Supreme Court heard Satterley — who was 18 when he engaged in low-level drug dealing — charged interest on debts, gave price guides on product, discounts, and refunds when there were complaints.  Read more…

More about Judge, Business, Crime, Drugs, and Watercooler

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Judge praises drug dealer's business model, although obviously quite illegal

TwitterFacebook

We often like to cast criminals as dumb, but one illegal operation has really impressed a judge.

20-year-old Brodie Gary Satterley from Maroochydore, Australia, was sentenced to three years’ jail with immediate parole, and was also praised for his business skills in court, according to Sunshine Coast Daily

Brisbane Supreme Court heard Satterley — who was 18 when he engaged in low-level drug dealing — charged interest on debts, gave price guides on product, discounts, and refunds when there were complaints.  Read more…

More about Judge, Business, Crime, Drugs, and Watercooler

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Crunch Report | Judge Rules CRISPR-Cas9 Belongs to Broad Institute

Verizon is reportedly getting a $250 million discount on its Yahoo deal, judge rules CRISPR-Cas9 belongs to the Broad Institute and not UC Berkeley, Pixar teaches the art of storytelling on Khan Academy and MakerBot cuts 30% of its workforce. All this on Crunch Report. Read More

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