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Law and Disorder February 5, 2018
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Attorney Prevails Against CFAA Charges In Click Fraud Trial
In a trial that was closely watched by cybersecurity experts, Italian citizen Fabio Gasperini was charged for allegedly violating the Computer Fraud and Abuse Act, or CFAA. Computer experts claimed it was the first so-called “click fraud” trial and would test the U.S. government’s ability to link individuals to complex cybercrimes.
As covered before on Law and Disorder, the CFAA is an antiquated law passed in 1986 before personal computers and smart devices were omnipresent in all aspects of our lives. It affords law enforcement extremely wide latitude to prosecute virtually any computer-related activity, including violations of Terms of Service agreements. Each offense can bring up to 20 years in prison, and when multiple counts are charged individuals can face decades behind bars.
In 2017 Simone Bertollini became the first known attorney to prevail against CFAA charges. His 34-year-old client, Mr. Gasperini, was found not guilty on several felony counts of wire fraud, computer intrusion and money laundering for which he faced 70 years in prison; he was convicted on only one count of computer intrusion, a misdemeanor, which is current being appealed. Mr. Bertollini disputed prosecutors’ version of events and noted that none of the expert witnesses had ever seen the botnet that Gasperini allegedly used. He also questioned how he could be charged with conspiracy when no conspirators were named or charged. Cross Examination Transcript
Guest – Attorney Simone Bertollini – After graduating from law school in Rome, Italy, Simone moved to the United States where he graduated with a Juris Doctor degree, becoming one of the very few Italian lawyers in New York with full academic qualifications in both Italy and the United States. Simone first came to the United States with an F-1 student Visa to attend law school. After, he started his own legal practice, and obtained E-2 Treaty Investor Visa status. Later, Simone became a Lawful Permanent Resident, and now he is a proud American citizen. In the course of his career, Simone handled hundreds of immigration cases, including removal proceedings and federal appellate matters. Simone has also substantial criminal jury trial experience.
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Electronic Frontier Foundation on NSA Spying Extension
A few weeks ago the U.S. Congress voted to pass a bill extending, for another six years, the NSA’s practice of Internet surveillance. Cindy Cohn, executive director of the Electronic Frontier Foundation, called this “a significant blow against the basic human right to read, write, learn, and associate free of government’s prying eyes.” The vote happened without public debate on a matter of great public concern.
The legislation in question allowing warrantless surveillance is Section 702 of the FISA Amendments Act. The Act is intended to target foreigners abroad. In practice it puts a great deal of our internet activities to government scrutiny, as they pass through key internet checkpoints, and as they are stored by providers like Google and Facebook. The NSA is thus able to gather and store private communications of countless non-suspect Americans.
Guest – Cindy Cohn, Executive Director of the Electronic Frontier Foundation. From 2000-2015 she served as EFF’s Legal Director as well as its General Counsel. Ms. Cohn first became involved with EFF in 1993, when EFF asked her to serve as the outside lead attorney in Bernstein v. Dept. of Justice, the successful First Amendment challenge to the U.S. export restrictions on cryptography.
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Law and Disorder January 29, 2018
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The recent book The End of Policing by New York professor Alex Vitale feels especially timely right now. Burgeoning grassroots movements responding to police violence in Ferguson, Missouri have drawn attention to the increased militarization of law enforcement in the treatment of civilians, and helped to raise public awareness of failed policies. Yet, no amount of media exposure seemed to result in any workable solutions to systemic violence.
Vitale has written an immensely readable and thorough chronology of the origins of modern policing as a tool of social control. He reveals how increased policy authority is incompatible with social justice and community empowerment. Kirkus Reviews calls the book a “tightly constructed monograph filled with reform suggestions” that is “a clearly argued, sure-to-be-controversial book.”
He cites research internationally to show how law enforcement, rather than help an array of social problems, is actually making things worse.
Guest – Alex S. Vitale is associate professor of sociology at Brooklyn College and author of City of Disorder: How the Quality of Life Campaign Transformed New York Politics. He is senior adviser to the Police reform Organizing Project and serves on the New York State Advisory Committee to the US Civil Right Commission.
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Lawyers You’ll Like: Attorney Michelle Lewin
In response to requests from people at Otisville Correctional Facility in upstate New York, nearly five years ago the National Lawyers Guild held a training for volunteers interested in participating in a Parole Preparation Project. The Project’s goals were to pair volunteers (law students, social workers, family and friends of incarcerated persons among others) with individuals who face long prison sentences and have been repeatedly denied parole.
Today the Parole Preparation Project is a flourishing nonprofit organization, in large part to the efforts of its executive director Michelle Lewin. Volunteers collaborate with parole applicants in New York State to gather necessary documentation for upcoming parole hearings, and work with them on practicing for the actual interview. Volunteers also support volunteers in soliciting meaningful letters of support from friends, family, co-workers, and the Project writes letters of support as well.
Guest – Attorney Michelle Lewin. Prior to co-founding and heading the Parole Preparation Project, Michelle was a Court Advocate at the Fortune Society; she also co-directed the “Right to Write” Program at the Westchester County Correctional Center.
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Poet Raymond Nat Turner
We welcome back to Law and Disorder political poet to start the new year. Turner is the poet in residence of the internet site and radio show Black Agenda Report.
Guest – Raymond Nat Turner, currently Poet-in-Residence at Black Agenda Report, Turner has been the opening act for such people as James Baldwin, Cynthia McKinney, radical sportswriter Dave Zirin and Congresswoman Barbara Lee after her lone vote against attacking Afghanistan.
Law and Disorder January 22, 2018
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CCR Attorneys Discuss 16 Years Of Guantánamo Prison
Guantánamo is America’s offshore prison island located on the eastern end of Cuba. It has been used for 16 years to detain Muslim men and boys. The prison was used by the Bush-Cheney regime to torture them after 911.
Despite President Obama‘s campaign pledge to close the prison it remains open. 41 prisoners are there now. President Trump has announced that he will not close the prison and, in his words, will “load it up.“ Trump has said that he believes that “torture works.“
Of the 41 remaining prisoners, 5 have been cleared for release. Others are being held under the Authorization for the Use of Military Force law until the end of the war on terror. This war, which has gone on for 16 years, has been called “the forever war“ because it is a war, not against a country, but against a tactic.
Two weeks ago the Center for Constitution Rights and other attorneys filed a motion in federal court in DC challenging the imprisonment without trial of a group of remaining Muslim prisoners.
Guest – Pardiss Kebriaei is a Senior Staff Attorney at the Center for Constitutional Rights, where she works on challenging U.S. government abuses in the national security context. She was lead counsel for CCR in Al-Aulaqi v. Panetta, which challenged the killings of three American citizens in U.S. drone strikes in Yemen, and Al-Aulaqi v. Obama, which challenged the authorization for the targeting of an American citizen added to secret government “kill lists.” She represents current and former Guantanamo detainees, including Ghaleb Al-Bihani, a Yemeni man cleared for release through the government’s Periodic Review Board process after having been designated as a “forever” detainee, but who remains detained without charge, and another Yememi client who, in 2009, was in the last group of detainees to be repatriated to Yemen.
Guest – Aliya Hana Hussain is an Advocacy Program Manager at the Center for Constitutional Rights, where she manages CCR’s advocacy and campaigns on indefinite detention at Guantanamo, the profiling and targeting of Muslim, Arab, and South Asian communities, and accountability for torture and other war crimes. Aliya travels to Guantanamo regularly to meet with CCR’s clients.
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Loaded: A Disarming History of the Second Amendment
Former Law and Disorder guest Roxanne Dunbar Ortiz was in New York City and January 9, 2018 and spoke at the CUNY Graduate Center about her new book Loaded: A Disarming History of the Second Amendment. She did this in a dialogue on white supremacy with Ramona Africa. In a Law Disorder radio exclusive we bring you excerpts from her presentation. Roxanne Dunbar Ortiz is the author of An Indigenous People’s History of the United States and other works on the history of indigenous peoples.
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