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The Courts

Submission + - AZ prosecutor, sheriff go after local newspaper

Nothanksidontwanttogotojail writes: According to the Phoenix New Times, CNN, and elsewhere, Maricopa County Attorney Andrew Thomas has been targeting the New Times for information relating to their readership, both online and in print:

"In a breathtaking abuse of the United States Constitution, Sheriff Joe Arpaio, Maricopa County Attorney Andrew Thomas, and their increasingly unhinged cat's paw, special prosecutor Dennis Wilenchik, used the grand jury to subpoena "all documents related to articles and other content published by Phoenix New Times newspaper in print and on the Phoenix New Times website, regarding Sheriff Joe Arpaio from January 1, 2004 to the present" . . . More alarming still, Arpaio, Thomas, and Wilenchik subpoenaed detailed information on anyone who has looked at the New Times Web site since 2004."

Since the publication of the story, New Times founders Michael Lacey and Jim Larkin were arrested early this morning, then subsequently released.

The arrest of Lacey and Larkin are apparently part of a continuing attempt by law enforcement in Maricopa County to stamp out any dissent in their heavy-handed approach to law enforcement. Thomas, who it is believed has never tried an adult felony case by himself, is rumored to have aspirations to higher office (Governor?), used a populist anti-immigration policy to gain his current position as top prosecutor in the county, and has recently failed at trying to get the associate presiding judge to recuse himself from all criminal cases. Thomas and Wilenchik are currently being investigated by the Arizona State bar for misconduct.
Windows

Submission + - Norton AntiVirus flags Pegasus Mail as a trojan

dtobias writes: "In an update on May 17, Norton AntiVirus from Symantec began detecting the executable file for the current version of Pegasus Mail for Windows as the "Trjan.Dropper" trojan horse and deleting it. Attempts to reinstall Pegasus fail as long as Norton is active. There is no definitive word yet about why they have done this and whether and when they will fix it. Much discussion is in the Pegasus community forum. It appears that attempts to resolve the issue through Symantec tech support resulted in the typical clueless support-droid reactions."
Patents

Submission + - New Crime; "Attempted Copyright Infringement&#

qazwart writes: According to a story in News.com, Attorney General Alberto Gonzales is pushing changes in the copyright law that would make it a crime to attempt to infringe a copyright. These changes are in the Intellectual Property Protection Act of 2007.

Currently, federal law makes not-for-profit copyright infringement a felony. Under this new proposal, it would now be a crime if you merely attempt to infringe on a copyright. Also under the new proposal:

  • Life sentence for using pirated software: Anyone who uses pirated software that recklessly causes or attempts to cause death can be imprisoned for life. A government example was a hospital that uses software it didn't pay for.
  • More Wiretaps: Wiretaps can be authorized for Americans who are attempting to infringe on copyrights
  • Civil Asset Forfeiture: Computer equipment "intended to be used in any manner" for committing a crime under this statute (including attempting to infringe on a copyright) may be seized via a civil asset forfeiture. That is, your computer equipment can be confiscated before you are charged with a crime, and can be sold by the government for additional revenue.
  • Require Homeland Security to alert the Recording Industry Association of America: This would happen when "unauthorized fixations of the sounds, or sounds and images, of a live musical performance" are attempted to be imported. No other copyright holder would have this privilege.
According to the article:

A representative of the Motion Picture Association of America told us: "We appreciate the department's commitment to intellectual-property protection and look forward to working with both the department and Congress as the process moves ahead.

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