Apple has officially filed its mandatory response to the court following an order to comply with the FBI and unlock an iPhone used by the San Bernardino shooter from December. Unsurprisingly, Apple has filed a motion to vacate the order which would force it to comply, telling the court that it shouldn’t have to unlock the iPhone using a modified and insecure software version.
In the response, Apple has referred to the version of iOS that it would need to create to allow the FBI to unlock the iPhone in question using brute force as a Government Operating System, specifically GovtOS.
In the document, Apple maintains its position that the request to unlock this specific iPhone isn’t actually about just one iPhone and would set a dangerous precedent that could be used by governments around the world.
Apple’s position has also been to explain that creating this insecure version of iOS to be used in this case would be all customers at risk assuming the operating system fell into the wrong hands and was passed off as the real thing. Read the rest of this entry »
Judge Emmet Sullivan of the U.S. District Court also demanded Clinton, Cheryl Mills and Huma Abedin provide assurances by Wednesday that they would not delete any federal records in their possession.
Sarah Westwood reports: A federal judge ordered Hillary Clinton and two of her top aides not to delete any potentially work-related emails after Clinton’s former chief of staff vowed to discard all electronic copies of her records by Monday.
“The destruction of federal documents in the face of a court order is par for the course for a Clinton-related scandal….If not for the swift action of Judicial Watch’s legal team and an alert federal judge, there is no telling what important public information would have been lost forever.”
— Tom Fitton, president of Judicial Watch
The order came Friday evening in a Freedom of Information Act lawsuit filed by Judicial Watch seeking documentation of a controversial employment status bestowed on Abedin, Clinton’s deputy chief of staff, that allowed her to work simultaneously for the State Department, the Clinton Foundation and a consulting firm called Teneo Strategies.
After Sullivan asked Clinton, Mills and Abedin to certify under penalty of perjury that they had each submitted all work-related emails, only Clinton reportedly responded.
Mills and Abedin seemingly ignored requests that they had handed over all their emails as each continued to prepare emails for the State Department. Read the rest of this entry »
The Marryin’ Judge: Judge Rogers declined to interview about an open probation case. He also declined to comment generally about his sentencing practice.
Julia Jenaé reports: An East Texas couple says their choice to marry when they wanted to was taken away by a criminal court judge.
In July, a Smith County judge sentenced Josten Bundy to get married to his 19-year-old girlfriend as part of his probation, which also included writing Bible verses and getting counseling.
“You know, as a part of my probation, you’re going to have to marry her…within 30 days.”
The court case stemmed from a February altercation between Bundy and the ex-boyfriend of his girlfriend, Elizabeth Jaynes.
“[The ex-boyfriend] had been saying disrespectful things about Elizabeth, so I challenged him to a fight,” said Bundy. “He stepped in and I felt like it was on and I hit him in the jaw twice.”
“It just felt like we weren’t going to be able to have the wedding we wanted. It was just going to be kind of pieced together, I didn’t even have a white dress.”
Bundy said the ex-boyfriend did not require medical attention, but pressed assault charges.
“I took matters into my own hands and I know that’s wrong,” Bundy said. “I know I was raised better, but it happened.”
At his sentencing hearing, Judge Randall Rogers asked Bundy about the fight.
“Is she worth it?” Judge Rogers asked Bundy, according to court transcripts.
“I said, well to be honest, sir, I was raised with four sisters and if any man was talking to a woman like that,” recalled Bundy, “I’d probably do the same thing.”
Judge Rogers asked Bundy if he was married to Jaynes and then said, “You know, as a part of my probation, you’re going to have to marry her…within 30 days.”
If Bundy declined to do the probation, he would be sentenced to 15 days in jail.
“My father didn’t get to go, and that really bothers me, I know he would have liked to be there. None of my sisters got to show up, it was such short notice, I couldn’t get it together.”
“He offered me fifteen days in jail and that would have been fine and I asked if I could call my job [to let them know],” said Bundy. “The judge told me ‘nope, that’s not how this works.’”
Jaynes, who was in the courtroom said the proposal from the judge embarrassed her.
“My face was so red, people behind me were laughing,” said Jaynes. “[The judge] made me stand up in court.”
“I used to watch ‘Say Yes to the Dress’ and all those shows and all the dresses and think about what kind of dress I would have. I would have liked a spring wedding when it’s not too hot and not too cold.”
Afraid of Bundy losing his job if he spent two weeks behind bars, the couple applied for their marriage license and scheduled a date with the justice of the peace to get married.
“It just felt like we weren’t going to be able to have the wedding we wanted,” said Jaynes. “It was just going to be kind of pieced together, I didn’t even have a white dress.”
The pair said a summer courthouse wedding was nothing like what they pictured when they imagined their future nuptials while they were dating.
“I used to watch Say Yes to the Dress and all those shows and all the dresses and think about what kind of dress I would have,” said Jaynes. “I would have liked a spring wedding when it’s not too hot and not too cold.”
Bundy said they talked about getting married just six months after they started dating. Read the rest of this entry »
Chaser, via Congressional investigators:
And what was the Select Committee requesting?
Gowdy’s devastating press release:
“Secretary Clinton had a statutory duty to preserve records from her time in office, she had a legal duty to cooperate and tell the truth with congressional investigators requesting her records, and she was personally subpoenaed the moment the Benghazi Committee became aware of her exclusive use of personal email and a server, and that the State department was not the custodian of her official record. For more than two years, Clinton never availed herself of the opportunity, even in response to a direct congressional inquiry, to inform the public of her unusual email arrangement designed to evade public transparency. The State Department, which should have informed congressional investigators years ago, failed to do so either. The fact of the matter is it took the Benghazi Committee to uncover Secretary Clinton’s use of personal email and a server to conduct official State Department business. And it was Benghazi Committee inquiries that led the State Department to confirm Clinton failed to turn over all emails that should be part of her public record; that Clinton’s personal emails and server in fact do contain classified information; that her emails from Sidney Blumenthal were solicited; and that she used more than one device for electronic communication, undercutting her ‘convenience’ claim. With regards to Secretary Clinton’s claims today, the committee does not know why or when she chose to wipe clean her personal server, but we do know her way of doing things provided an incomplete public record.”
(Reuters) – Condé Nast on Monday won a federal judge’s preliminary approval to pay $5.85 million to settle a class-action lawsuit by thousands of former interns who claimed the magazine publisher underpaid them.
Former interns who worked at Condé Nast from June 2007 to the present are expected to receive payments from $700 to $1,900.
In granting preliminary approval, U.S. Magistrate Judge Henry Pitman in Manhattan said the payout appeared reasonable, citing an estimate by the interns’ lawyers that it exceeded 60 percent of estimated unpaid wages.
“Given defendant’s size and stature in the publishing world, I assume it could withstand greater judgment,” Pitman wrote. “This fact, by itself, however, does not render the proposed settlement unfair.”
The law firm Outten & Golden, which represents the interns, plans to seek legal fees of $650,000, or 11.1 percent of the settlement fund. Read the rest of this entry »
It’s hard to be a torrent site
The file-sharing site had only been at the Somalian address since last November, but it appears a crackdown has forced it to move again, Mashable reports. The domain frequently rotates between different countries.
KickassTorrents is one of the Internet’s most popular web sites, ranked by online analytics company Alexa as the world’s 68th biggest.
Torrents have come under increased scrutiny after recent server raids on the popular torrent site the Pirate Bay, and investigations by the U.S. Department of Justice into sites like Demonoid and Torrentz in 2011.
Document Dump: Attorney General Eric Holder Releases ‘Fast and Furious’ Documents That Got Him Cited for ContemptPosted: November 4, 2014
In an “election eve dump,” as House Oversight and Government Reform Committee chairman Darrell Issa put it, DOJ handed over 64,280 pages of documents, a release that is still only a partial fulfillment of the committee’s request.
“This production is nonetheless a victory for the legislative branch, a victory for transparency, and a victory for efforts to check Executive Branch power.”
— House Oversight and Government Reform Committee chairman Darrell Issa
At The Corner, Joel Gehrke writes:
Justice Department officials provided House investigators with thousands of documents related to Operation Fast and Furious that President Obama had previously claimed were exempt from congressional review.
[Order John Fund’s book “Obama’s Enforcer: Eric Holder’s Justice Department” from Amazon]
In an “election eve dump,” as House Oversight and Government Reform Committee chairman Darrell Issa (R., Calif.) put it, DOJ handed over 64,280 pages of documents, a release that is still only a partial fulfillment of the committee’s request.
“Since these pages still do not represent the entire universe of the documents the House of Representatives is seeking related to the Justice Department’s cover-up of the botched gun-walking scandal that contributed to the death of a Border Patrol agent, our court case will continue.”
— Darrell Issa
DOJ handed over the documents pursuant to a court order. Read the rest of this entry »
For TechCrunch, Darrell Etherington reports: Twitter has just announced that it has formally joined the cause of those defending use of its service in Turkey, by filing petitions for lawsuits in a number of Turkish courts after working with its Turkish attorney over the course of the past few days. The petitions ask that the ban be lifted formally, and join the existing chorus of Turkish legal community members, citizens and journalists who have already succeeded in winning a stay of the Turkish government’s application to block the service entirely.
Twitter says that the proposed ban is a series of three court orders that it wasn’t privy to before the ban was enacted, which include two that the company claims relate to content on their network that violate their own terms of service, and have accordingly been removed. The last one, which deals with a tweet accusing a former minister of corruption, isn’t in violation of Twitter’s ToS, so the social network is petitioning the courts to overturn that remaining order.