Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Tuesday, August 17, 2010

Thanks Coalition, Thanks Lynne





I'm quite chuffed to see the announcement that wheel clamping on private land is going to be banned in England and Wales. In the past year or so I've heard of cases in Rayleigh where someone has been charged about 200 pounds extra, just for paying by card. And I've seen instances where the vehicle was apparently parked on the public highway, and still got clamped.

So well done - especially to Lynne Featherstone, the Lib Dem minister overseeing this.

Tuesday, October 13, 2009

Save Planning Alerts!

Planning Alerts has been a really useful website, I'm really disappointed to have received the following email tonight:

As some of you may already have spotted in the news, Planning Alerts has
been effected by legal action by the Royal Mail:

http://news.bbc.co.uk/1/hi/technology/7700621.stm

We are left with the choice of paying the Royal Mail up to £4,000 a
year for access to the postcode database and eitjavascript:void(0)her running a much less
accurate and useful service or shutting PlanningAlerts down altogether.
If are concerned about this, please consider doing the following:

-- Write to your MP --

Tom Watson MP has tabled an Early Day Motion in Parliament calling on
the Royal Mail to allow non-profit organisations to use the postcode
database for free. Please write to your MP asking them to sign this
Early Day Motion (number EDM 2000) and protest at the actions of The
Royal Mail.

You can write to your MP here: http://marples.writetothem.com/

-- Sign the petition --

Nearly 1,200 people have so far signed a petition on the Prime
Minister's website, please add your name:

http://petitions.number10.gov.uk/nfppostcodes/

-- Blog / write to your local paper--

Please consider writing a blog post in support of PlanningAlerts or
writing to your local paper.

Yours,

The PlanningAlerts.com team

Sunday, August 10, 2008

Love And Life In The USA

    From todays www.electoral-vote.com
      John Edwards' former temporary girlfriend, Rielle Hunter, does not want him to take a paternity test. Her attorney said that she was a private person and she was convinced that Andrew Young is the father, something Young admits. Edwards says he broke off with Hunter more than 9 months prior to the birth of Hunter's daughter. How come everybody's got an attorney these days to speak for them? Is she worried about being indicted for adultery? In most states only the married person is legally guilty of adultery and it is not a crime everywhere. However, in Michigan the sentence is life imprisonment whereas in Maryland the punishment is a fine of $10.
          life imprisonment?

          Sunday, July 27, 2008

          Love And Death In The USA

          First, here's a story about love. Well, sex, anyway.

          It's from the Atlanta Journal-Constitution :


          Wendy Whitaker's name may be on Georgia's sex offender registry, but her offense suggests she is no predator.

          At age 17, while a high school sophomore, Whitaker had oral sex with a 15-year-old male classmate. In 1997, she pleaded guilty to sodomy and got five years' probation.

          Whitaker, 28, has moved twice because of the sex offender law's restrictions that say an offender cannot live within 1,000 feet of places where children congregate. Whitaker was recently told by a sheriff she must move again because her home is within 1,000 feet of a church.


          I'm thinking - she pleaded guilty to what?

          I found the story via the excellent Echidne of the Snakes blog. And the death story is from there as well. Here's a news report from Louisiana:

          WINNFIELD, La., July 23 (UPI) -- Louisiana authorities are awaiting the results of a state police report before deciding whether to file criminal charges in the Taser death of a handcuffed man.

          Baron "Scooter" Pikes, 21, was shocked nine times by officer Scott Nugent after being arrested on a cocaine charge in Winnfield earlier this year, CNN reported Wednesday.

          Nugent, who was fired as a result of the incident, may face criminal charges now that Pikes' death has been ruled a homicide.

          Winn Parish Coroner Randolph Williams says Pikes was jolted so many times with the 50,000-volt Taser that he might have been dead before the last two shocks were delivered.

          Williams said Pikes was handcuffed and on the ground when the stun gun use began.

          Nugent's lawyer says his client followed proper procedure in subduing a man who weighed 247 pounds.


          I don't imagine that "Scooter" Pikes was a nice chap. But to die at 21 like this? I don't think there are more painful ways to die than by electrocution. Let's try and ensure that when tasers are used in the UK, they save lives rather than end them.

          Friday, December 14, 2007

          The Armed Forces Journal

          The Armed Forces Journal is presumably intended for officers of the US military. Non-partisan, it provides some thoughtful writings on military-related matters.

          For example, in their section on "darts and laurels", it sends a dart at the British government:


          To the British government


          For its scandalous decision to drop the corruption probe into the Al Yamamah arms deal with Saudi Arabia.

          The U.K.'s Serious Fraud Office was investigating allegations that BAE Systems set up a slush fund for senior Saudi Arabian officials to secure the 1980s arms deal. The Saudis threatened to drop a new $12 billion deal to buy BAE Eurofighter airplanes if the investigation into the old deal continued.

          Attorney General Lord Goldsmith's claim that the decision was not connected to British commercial or economic interests defies credibility: One month after the SFO announcement, Saudi Arabia confirmed the Eurofighter deal.

          As one opposition member of parliament put it: "How on earth can we lecture the developing world on good governance when we interfere with and block a criminal investigation in this way?"


          Guess who was the 'opposition member'? One Norman Lamb.

          Wednesday, June 20, 2007

          Loving Vs Virginia



          1958 was the year I was born. 13 years after the Allies defeated Hitler and his genocidal, racist Nazis.

          And yet in 1958 people of different races couldn't get married in Virginia or many other states of the USA. I'm amazed that I didn't hear about the story of Mildred Jeter and Richard Loving until today.

          As Wikipedia tells it:

          The plaintiffs, Mildred Jeter (a woman of black and Rappahannock Indian descent) and Richard Perry Loving (a white man), were residents of the Commonwealth of Virginia who had been married in June of 1958 in the District of Columbia, having left Virginia to evade a state law banning marriages between any white person and a non-white person.

          Upon their return to Virginia, they were charged with violation of the ban, pleaded guilty, and were sentenced to one year in prison, with the sentence suspended for 25 years on condition that the couple leave the state of Virginia. The trial judge in the case, Leon Bazile, echoing Johann Friedrich Blumenbach's 18th-century interpretation of race, proclaimed that Almighty God created the races white, black, yellow, Malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix.

          The Lovings moved to the District of Columbia, and in 1963 began a series of lawsuits seeking to overcome their conviction on Fourteenth Amendment grounds, ultimately reaching the Supreme Court.


          This week is the 40th anniversary of their victory, and Mildred Loving has released a statement:

          When my late husband, Richard, and I got married in Washington, DC in 1958, it wasn’t to make a political statement or start a fight. We were in love, and we wanted to be married.

          We didn’t get married in Washington because we wanted to marry there. We did it there because the government wouldn’t allow us to marry back home in Virginia where we grew up, where we met, where we fell in love, and where we wanted to be together and build our family. You see, I am a woman of color and Richard was white, and at that time people believed it was okay to keep us from marrying because of their ideas of who should marry whom.

          When Richard and I came back to our home in Virginia, happily married, we had no intention of battling over the law. We made a commitment to each other in our love and lives, and now had the legal commitment, called marriage, to match. Isn’t that what marriage is?

          Not long after our wedding, we were awakened in the middle of the night in our own bedroom by deputy sheriffs and actually arrested for the “crime” of marrying the wrong kind of person. Our marriage certificate was hanging on the wall above the bed. The state prosecuted Richard and me, and after we were found guilty, the judge declared: “Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix.” He sentenced us to a year in prison, but offered to suspend the sentence if we left our home in Virginia for 25 years exile.

          We left, and got a lawyer. Richard and I had to fight, but still were not fighting for a cause. We were fighting for our love.

          Though it turned out we had to fight, happily Richard and I didn’t have to fight alone. Thanks to groups like the ACLU and the NAACP Legal Defense & Education Fund, and so many good people around the country willing to speak up, we took our case for the freedom to marry all the way to the U.S. Supreme Court. And on June 12, 1967, the Supreme Court ruled unanimously that, “The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men,” a “basic civil right.”

          My generation was bitterly divided over something that should have been so clear and right. The majority believed that what the judge said, that it was God’s plan to keep people apart, and that government should discriminate against people in love. But I have lived long enough now to see big changes. The older generation’s fears and prejudices have given way, and today’s young people realize that if someone loves someone they have a right to marry.

          Surrounded as I am now by wonderful children and grandchildren, not a day goes by that I don’t think of Richard and our love, our right to marry, and how much it meant to me to have that freedom to marry the person precious to me, even if others thought he was the “wrong kind of person” for me to marry. I believe all Americans, no matter their race, no matter their sex, no matter their sexual orientation, should have that same freedom to marry. Government has no business imposing some people’s religious beliefs over others. Especially if it denies people’s civil rights.

          I am still not a political person, but I am proud that Richard’s and my name is on a court case that can help reinforce the love, the commitment, the fairness, and the family that so many people, black or white, young or old, gay or straight seek in life. I support the freedom to marry for all. That’s what Loving, and loving, are all about.

          There are those who will say that society today is too liberal, there's no respect for authority, etc. etc. - and sometimes they may be right. But this is a reminder of what the "good old 1950s" were like in the world's most powerful democracy. Civilisation has moved in the right direction....

          Hat-tip: Halfway Down the Danube

          Sunday, June 17, 2007

          The Julie Amero Case

          In terms of dodgy trials, this takes some beating, and I'm surprised that I hadn't heard about this before. But this is an account from the Washington Post, about a school substitute teacher facing a possible 40 years in jail. For a lack of IT skills. In civilised Connecticut....

          Substitute Teacher Faces Jail Time Over Spyware

          A 40-year-old former substitute teacher from Connecticut is facing prison time following her conviction for endangering students by exposing them to pornographic material displayed on a classroom computer.

          Local prosecutors charged that the teacher was caught red-handed surfing for porn in the presence of seventh graders. The defense claimed the graphic images were pop-up ads generated by spyware already present on the computer prior to the teacher's arrival. The jury sided with the prosecution and convicted her of four counts of endangering a child, a crime that brings a punishment of up to 10 years per count. She is due to be sentenced on March 2.

          I had a chance this week to speak with the accused, Windham, Conn., resident Julie Amero. Amero described herself as the kind of person who can hardly find the power button on a computer, saying she often relies on written instructions from her husband explaining how to access e-mail, sign into instant messaging accounts and other relatively simple tasks.

          On the morning of Oct 19, 2004, Amero said she reported for duty at a seventh grade classroom at Kelly Middle School in Norwich, Conn. After stepping out into the hall for a moment, Amero returned to find two students hovering over the computer at the teacher's desk. As supported by an analysis of her computer during the court proceedings, the site the children were looking at was a seemingly innocuous hairstyling site called "new-hair-styles.com." Amero said that shortly thereafter, she noticed a series of new Web browser windows opening up displaying pornographic images, and that no matter how quickly she closed each one out, another would pop up in its place.

          "I went back to computer and found a bunch of pop-ups," Amero said. "They wouldn't go away. I mean, some of the sites stayed on there no matter how many times I clicked the red X, and others would just pop back up."

          Amero said she panicked and ran down the hall to the teacher's lounge to ask for help. "I dared not turn the the computer off. The teacher had asked me not to sign him out" of the computer, she recalled. Amero said none of the teachers in the lounge moved to help her, and that another teacher later told her to ignore the ads, that they were a common annoyance. Later on, prosecutors would ask why she hadn't just thrown a coat or a sweater over monitor. On that day Amero hadn't worn either.

          Several children told their parents about the incident, who in turn demanded answers from the school's principal. Three days later, school administrators told Amero she was not welcome back. Not long after that, local police arrested her on charges of risking injury to several students.

          The case came to trial this month, and computer expert W. Herbert Horner testified for the defense that the images were the result of incessant pop-up ads served by spyware on the classroom computer. The prosecution's expert, a local police officer, said time-stamped logs on the machine showing adult-themed images and Web pages accessed by the Web browser at the time she was in the classroom proved that someone had intentionally visited the sites by clicking on a link or typing the address into the browser address bar.

          An explanation for this is that Web browser logs will keep records of sites accessed whether they were generated by internal pop-up serving software or clicked on by a user. Also, try not to dwell on the fact that the judge in the case barred Horner from presenting technical evidence to back up his claims. Horner on Monday published a summary of the facts he would have presented were he allowed to at trial.

          I checked out theInternet Archive's view of the site referenced in this case, and it is clear that the page was a gateway site for the type of products typically promoted by spam -- penis enlargement and hair loss drugs. A review of the site's source code shows that it also uses Javascript to launch at least one pop-up ad promoting various online dating and porn sites. When I clicked on one of the sites in that list -- "CoolSexx!" -- my anti-virus program alerted me that it was trying to drop a Trojan horse program on my machine (Trojans are generally used to download malicious software to your PC). The spyware was attempting to load itself onto my computer despite the fact that I was using Internet Explorer 7 and up-to-date anti-virus software.

          Try also to ignore that the computer in question was a Microsoft Windows 98 machine running an outdated version of Internet Explorer Web browser (IE 5.0), or that the school's license for its firewall program expired prior to the date of the alleged incident. Likewise, the machine's anti-virus software (Cheyenne Software) was expired and it lacked any anti-spyware tools. In short, the Windows 98 computer was completely exposed to the Internet without any kind of protection.

          Then there is the admission by the prosecution that it had failed to conduct even a rudimentary scan of the computer's hard drive with anti-spyware software. Amero's defense said that had it been allowed to present its full testimony, it would have shown the results of spyware software scans on the PC she used, which found two adware programs and at least one Trojan horse program. The logs showed that all of the unwanted programs had been installed weeks prior to the alleged incident, the defense claims.

          Spyware and adware has long been the source of objectionable pop-up ads. In February 2006, I wrote about a young man who was earning thousands of dollars each month installing porn pop-up ad serving software on computers whose users had failed to equip the machines with security patches or firewall software. The adware this kid installed was a Web browser add-on that barraged victims with endless pop-ads for adult Web sites and services. I managed to track down several of his victims, including a technologically naive pastor in Memphis.

          I spoke briefly with Amero's attorney, who said: "I sincerely believe that had we been allowed to present our testimony in full, Julie would not have been convicted. This is a grave miscarriage of justice." With no prior convictions or criminal history, Amero was eligible under state law for "auxiliary rehabilitation," meaning she could have the charges expunged by agreeing to a short probationary period (provided she didn't get arrested again during that period). But, insistent upon her innocence, she chose to fight the charges.

          A number of blogs have recently spoken up on Amero's behalf. Also, a former Massachusetts school administrator recently called on the state governor to pardon Amero and expunge the conviction. Even the local paper, firmly convinced of Amero's guilt, called for lenience in her sentencing.

          This may not have been an isolated incident in the Connecticut public school system. According to another former teacher in Amero's school, who spoke this week with Security Fix on condition of anonymity, the kids in the school had few restrictions on what sorts of content they could and did view on school computers. "You could look at any history in any computer and chances are you would see the children had [visited] inappropriate sites," the teacher said.


          There seems to have been a groundswell of support for the lady concerned, particularly from bloggers and the latest news is that there's going to be a retrial:

          A judge has granted a new trial for former Norwich substitute teacher Julie Amero, who was convicted of allowing students to view pornography on a classroom computer.

          The Windham woman was convicted of exposing students to pornography on a computer at a Norwich middle school.

          Amero has adamantly denied clicking on pornographic Web sites that appeared on her classroom's computer screen in October of 2004 while she was teaching seventh-graders at Kelly Middle School in Norwich.

          Amero's lawyers yesterday filed a motion seeking a new trial, and the judge today granted it. The motion claimed that evidence gathered after Amero's conviction casts serious doubt on the evidence that led to the guilty verdict.

          Her case prompted national debate over unseen spyware and adware programs, which some technology experts believe might have generated the pop-up ads for pornographic Web sites.


          This woman must have been going through hell - and she's not safe yet....

          A Burning Issue.

          According to our local paper the Echo, today:

          A CANNABIS plantation caught fire at a house in Westcliff.

          Firefighters were called to a blaze in a terraced house in Brightwell Avenue just before 9am on Saturday morning.

          Their report ends with:
          A joint investigation by the fire service and Essex Police has been launched.

          Saturday, May 26, 2007

          A Genuine Hero

          Like most people in my home town, I was stunned by the shooting of a commuter at Rayleigh station yesterday . As reported in the national news, 24 old Adam Mapleson was shot in the chest as he tried to stop two armed men from robbing a pair of security guards at Rayleigh station. Thankfully he's starting to recover.

          I don't suppose you have time to think about whether to intervene in a situation like this, I guess you follow your instincts...

          As for the robbers, they planned an armed robbery on a station forecourt crowded with rush-hour commuters - and opened fire. I just hope they are caught soon.

          Sunday, April 22, 2007

          Remembering Virginia

          One of my blogging acquaintances has asked me for a synopsis of the media coverage of the Virginia shootings in the UK.

          I'm afraid to say that for various reasons the last week has been a bit of a blur, and I really only followed what happened by radio and the net - no TV, didn't read much in the way of newspapers.

          But the immediate coverage that I heard on BBC Five Live was pretty comprehensive and struck the right notes. There was a moment when one of the BBC presenters (I think it was Anita Anand ) was interviewing one of the female student survivors - when the interviewee mentioned that she had just heard that one of her missing friends had been killed , she wept live on air - a very raw radio moment, but handled reasonably well by the interviewer.

          As an aside, I'm a big fan of after midnight Radio 2 (music) and Radio 5 Live (news and sport). Americans might enjoy listening over the net to Up All Night, Janice Long and Alex Lester

          But somehow I don't think that this terrible event has had as much impact as the previous mass killings that we've heard about in the past - and I don't think that the Boomtown Rats or anyone else will be writing a song this time. Sadly, such events have occurred just too many times.
          Chris expresses his own views on this weblog.


          I write this blog in a private capacity , but just in case I mention any elections here is a Legal Statement for the purposes of complying with electoral law: This website is published and promoted by Ron Oatham, 8 Brixham Close , Rayleigh Essex on behalf of Liberal Democrat Candidates all at 8 Brixham Close.