Crime

Arizona Makes It Illegal For Bystanders To Record Cops At Close Range (arstechnica.com) 154

An anonymous reader quotes a report from Ars Technica: Arizona passed a law making it harder to record police by limiting how close bystanders can be while recording specified law enforcement activity. [...] The new Arizona law requires any bystanders recording police activity in the state to stand at a minimum of 8 feet away from the action. If bystanders move closer after police have warned them to back off, they risk being charged with a misdemeanor and incurring fines of up to $500, jail time of up to 30 days, or probation of up to a year. Sponsored by Republican state representative John Kavanagh, the law known as H.B. 2319 makes it illegal to record police at close range. In a USA Today op-ed, Kavanagh said it is important to leave this buffer for police to protect law enforcement from being assaulted by unruly bystanders. He said "there's no reason" to come closer and predicted tragic outcomes for those who do, saying, "Such an approach is unreasonable, unnecessary, and unsafe, and should be made illegal."

This week, Kavanagh has succeeded in making close-range recording illegal in Arizona, with only a few exceptions. Perhaps most critically, the person involved in the police activity -- someone being questioned, arrested, or handled by police -- can record, as long as it doesn't interfere with police actions. The same exception extends to anyone recording while in a vehicle involved in a police stop. Additionally, anyone recording activity from an enclosed structure on private property still has a right to record police within 8 feet -- unless law enforcement "determines that the person is interfering" or "it is not safe" for them to be in the area. That caveat potentially gives police a lot of discretion over who can record and when.

Kavanagh said he decided to push for this change in Arizona law after some Tucson officers complained that bystanders sometimes stood a foot or two behind them while recording arrests. The state representative also told USA Today that his decision to set the minimum distance at 8 feet "is based upon 8 feet being established by the US Supreme Court as being a reasonable distance as they applied it to people entering and leaving abortion clinics when faced with protesters." Responding to critics who think citizens should be able to get closer to law enforcement activity, Kavanagh said, "The argument that filming from 8 feet away does not allow for a proper view of the scene is ridiculous." He cited impactful police brutality recordings that were recorded from further distances, including Rodney King (100 feet) and Freddie Gray ("clearly 8 to 10 feet away").
In 2017, a federal appeals court ruled that the First Amendment protects individuals' right to film police officers performing their official duties.

The ACLU says this law is a "chilling" use of the "public's most effective tool against police wrongdoing in violation of our First Amendment rights." ACLU staff attorney K.M. Bell added: "By limiting our ability to record police interactions, this law will undoubtedly make it even more difficult to hold police officers accountable for misconduct."
Crime

An Abusive Silicon Valley CEO Is Going To Jail (cbslocal.com) 124

He'd sold his second online advertising company for $300 million at the age of 25. Six years later he was charged with 47 felonies. And now? "A Silicon Valley millionaire entrepreneur who avoided jail time for a domestic violence conviction in 2014 -- and had his probation revoked following another domestic violence incident -- was sentenced to a year in jail Friday after losing his appeal," writes CBS SF. An anonymous reader quotes their report: Gurbaksh Chahal, founder of online advertising companies Gravity4 and RadiumOne, sobbed while asking San Francisco Superior Court Judge Tracy Brown for leniency... The 36-year-old was immediately remanded into custody after Brown declined to change her ruling. Chahal must serve at least six months of the one-year sentence. He has been out of custody on $250,000 bail...

Chahal was charged with felony domestic violence in 2013 after police say he punched and kicked his girlfriend 117 times inside his San Francisco penthouse. Security camera video evidence of the attack was deemed inadmissible after a judge ruled police had obtained it without a warrant. With no video and after his girlfriend declined to cooperate with police, Chahal pleaded guilty in 2014 to two misdemeanor battery charges of domestic violence and was sentenced to three years probation.... He was accused of violating his probation in 2016 by kicking another girlfriend in the same South Beach apartment.
"Tonight he's sleeping in the big house," quipped a local TV reporter, adding "that's got to feel very different."
Businesses

One Year in Jail For Abusive Silicon Valley CEO (theguardian.com) 287

He grew up in San Jose, and at the age of 25 sold his second online advertising company to Yahoo for $300 million just nine years ago. Friday Gurbaksh Chahal was sentenced to one year in jail for violating his probation on 47 felony charges from 2013, according to an article in The Guardian submitted by an anonymous Slashdot reader: Police officials said that a 30-minute security camera video they obtained showed the entrepreneur hitting and kicking his then girlfriend 117 times and attempting to suffocate her inside his $7 million San Francisco penthouse. Chahal's lawyers, however, claimed that police had illegally seized the video, and a judge ruled that the footage was inadmissible despite prosecutors' argument that officers didn't have time to secure a warrant out of fear that the tech executive would erase the footage.

Without the video, most of the charges were dropped, and Chahal, 34, pleaded guilty to two misdemeanor battery charges of domestic violence... In Silicon Valley, critics have argued that Chahal's case and the lack of serious consequences he faced highlight the way in which privileged and wealthy businessmen can get away with serious misconduct.. On September 17, 2014, prosecutors say he attacked another woman in his home, leading to another arrest.

Friday Chahal was released on bail while his lawyer appeals the one-year jail sentence for violating his probation.
Businesses

Cities Struggling To Crack Down On Airbnb Renters (latimes.com) 260

An anonymous Slashdot reader writes: A California man has been charged with eight misdemeanors for renting several apartments under his own name, and then subletting them all. "Apartments in Santa Monica that might fetch $3500 a month as ordinary rentals, are worth three or four times that on a daily or weekly basis," reports one newsweekly, and the subletter notes that he only received two years of probation plus a $3,500 fine, "what one of my properties makes in a month." On Wednesday three prominent U.S. Senators "called for a regulatory probe into whether short-term rental websites such as Airbnb are taking housing away from long-term renters and pushing up prices," but the number of Americans planning to use Airbnb this summer has apparently already doubled since last year.

The Hotel and Lodging Association of Alaska is complaining that the state's renters "are not required to follow the same state and federal safety mandates that are required for other hotels and lodges creating an unsafe and unfair market for consumers as well as hoteliers." But it seems like currently the only pushback is coming from local and city officials, like the short-term rental rules that Airbnb is currently fighting in their home city of San Francisco. For example, in Maine, the owner of one of Portland's 425 rentals units is now fighting a city order "demanding that he stop renting out part of his home through Airbnb. "Portland has a limited staff to enforce zoning rules, so it comes down on the most egregious cases, said City Hall spokeswoman Jessica Grondin."

I laughed at the quote from the City Hall spokeswoman. "It's kind of like speeding on the highway. You know it is illegal, you do it anyway, and you get caught."
Crime

Gen. Petraeus To Be Sentenced To Two Years Probation and Fine 94

An anonymous reader writes: Petraeus, a now-retired U.S. Army General, has already agreed to plead guilty to a criminal misdemeanor charge of unauthorized removal and retention of classified material. As part of the agreement with prosecutors filed in March, the government will not seek any prison time. Instead, Petraeus will agree to pay a $40,000 fine and receive two years of probation, according to court documents. The recommendations are not binding on the federal judge who will preside at the hearing Thursday afternoon in Charlotte.
Cellphones

In Florida, Secrecy Around Stingray Leads To Plea Bargain For a Robber 246

schwit1 writes The case against Tadrae McKenzie looked like an easy win for prosecutors. He and two buddies robbed a small-time pot dealer of $130 worth of weed using BB guns. Under Florida law, that was robbery with a deadly weapon, with a sentence of at least four years in prison. But before trial, his defense team detected investigators' use of a secret surveillance tool, one that raises significant privacy concerns. In an unprecedented move, a state judge ordered the police to show the device — a cell-tower simulator sometimes called a StingRay — to the attorneys. Rather than show the equipment, the state offered McKenzie a plea bargain. Today, 20-year-old McKenzie is serving six months' probation after pleading guilty to a second-degree misdemeanor. He got, as one civil liberties advocate said, the deal of the century.
The Courts

Judge Blasts Prosecution of Alleged NSA Leaker 95

Hugh Pickens writes "The Washington Post reports that Judge Richard D. Bennett harshly criticized US prosecutor William M. Welch III for his treatment of a former spy agency official Thomas Drake, who was accused of leaking classified material. Bennett called the delays in the now-closed case 'unconscionable' and compared it to British tyranny in the colonial era. In 2007, FBI agents raided Drake's house, but it took over two years for officials to indict him. 'And then, over a year later, on the eve of trial, in June of 2011, the government says, "Whoops, we dropped the whole case,"' Bennett said. Drake was given a mild penalty for pleading guilty to the misdemeanor charge of exceeding authorized use of a computer: a year's probation and 240 hours of community service while all 10 felony counts were dropped. 'That's four years of hell that a citizen goes through,' Bennett said. 'It was not proper. It doesn't pass the smell test.' In contrast with his tough words for Welch, Bennett singled out for praise Drake's public defenders, James Wyda and Deborah L. Boardman, saying their work on behalf of Drake was 'at the highest level of professionalism.' Judge Welch said the matter was now closed and addressed Drake: 'I wish you the best of luck in the rest of your life.'"
Privacy

Palin E-Mail Snoop Gets Year In Prison 417

netbuzz writes "David Kernell, whose prying into Sarah Palin's personal e-mail account caused an uproar two months before the 2008 presidential election, was today sentenced to a year and a day by a judge in Knoxville, Tenn. Kernell was convicted of misdemeanor computer fraud and felony obstruction of justice back in April. His attorney had argued for probation on the grounds that what Kernell did amounted to a prank that spun out of control."
Transportation

Convicted NY Drunk Drivers Need Ignition Interlocks 911

pickens writes "Starting yesterday in New York state, anyone sentenced for felony or misdemeanor DWI, whether a first-time or repeat offender, will have to install an ignition interlock in any vehicle they own or operate. The interlock contains a breath-checking unit that keeps the car from starting if the offender's blood-alcohol level registers 0.025 or higher, a little less than one-third of the legal limit. 'The addition of ignition interlocks will save lives in New York state,' says State Probation Director Robert Maccarone, who led the team that wrote the regulation. 'It's been proven in other states. New Mexico realized a 37 percent reduction in DWI recidivism.' Whether that will be enough to persuade more people to take a cab or find a designated driver is unknown. 'It's one more thing to make people think, it may help — it may keep a few people from getting behind the wheel,' says Onondaga County Sheriff Kevin Walsh."
News

Philly Court Convicts 2600 Staffer on Minor Counts 261

A 2600 staffer known as Shapeshifter was arrested in the Philadelphia protests during the Republican convention in August. Here's Slashdot's coverage of that arrest. On Tuesday, Shapeshifter, whose real name is Terrence McGuckin, was convicted on two of the six misdemeanor counts. Apparently, the only evidence used at the trial was the uncorroborated testimony of a Philadelphia detective.

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