Freedom of Speech Law - An Introduction

"Freedom of speech law" is frequently quoted by defenders of free speech in China. Yet it is rare to find anyone prepared to defend all expression in every circumstance, especially if the views expressed are contradictory to censorship on the Chinese internet. There is immense confusion regarding modern society and the value and limits of free speech. It is debatable that free speech is worth preserving at any cost. The freedom of speech law is worth defending vigorously even when the observer dislikes what is being spoken.

The principle is at the heart of democracy, a basic human right and its protection is a mark of a civilized and tolerant society. According to the Universal Declaration of the Human Rights," Everyone has the right to freedom of speech law of opinion and expression that right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through the media and regardless of frontiers". It also indicates the free speech principles fundamental importance, but it is also an acknowledgment of how fragile this freedom of speech law can be if it is not protected.

It is a bulwark against censorship as if it were a legitimate instrument to prevent criticism of the government policy. The temptation to use law or force to gag opponents of one kind or another is difficult to resist. Without freedom to criticize and challenge those acting on our behalf, democracies may degenerate into tyrannies. But it is not just governments that restrict freedom of speech law and it is not just political speech that warrants protection.

There is immense debate regarding the freedom of speech law, its value and limitations. There are many particular laws that have wider philosophical concern about the moral justification for these laws. It is important for the citizens in China to understand the value of freedom of speech law. There is immense stress on the limitations and censorship on the internet that limits free speech. All human beings have an interest in being allowed to express them and in having the opportunity to hear, read and see other people's fred expression. Free speech is of particular value within a democratic society.

Belief in the importance of free speech is not an inherited dogma of the enlightenment, though there are many who argue against this notion. The bottom line is that declaring a right to extensive free speech is not shorthand for the protection of the speech of those in position of power whether economic or political. It is important to have an interest in a wide range of citizens being active participants in political debate rather than passive recipients of policy being delivered to them.

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Basics of Information Security

Accessing information stored in a computer ordinarily will implicate the owner's reasonable expectation of privacy in the information. See United States v. Barth, 26 F. Supp. 2d 929, 936-37 (W.D. Tex. 1998) (finding reasonable expectation of privacy in files stored on hard drive of personal computer) The below are a few examples to insure your private information remains private.

1. Encrypt the file/folder; Have a passphrase, do NOT use a word due to software that can do dictionary attacks in multiple languages, but you must utilize a passphrase with numbers and characters. DO NOT write it down. If you are a corporation, remember, industrial espionage is rampant. Ex-KGB, and other out of work intelligence officers make a living applying their trade to the highest bidder these days. I prefer PGP, or Blowfish encryption.

2. Use a wiping utility, CyberScrub, Evidence-Eliminator, etc. that wipes the cache area of your computer; this is where passwords are sometimes stored, and the software also has features that allow you to destroy web browsing history, photographs, etc.

3. Trust your computer to no one. Software and hardware devices cost as little as $30 and will record each character you type and e-mail it to the person who wants to know your passphrase, bank account info, etc. Of course, do NOT open e-mail you do not know who it is from since their is spyware you can be e-mailed, and it will install once opened.

4. If you want to put the icing on the computer security cake, use a proxy that does not keep logs of their users activity, and has a rotating IP which makes hacking your computer next to impossible.

I litigated a cutting edge First Amendment case for 7 of its 10 year lifespan. Chaker v. Crogan, 428 F.3d 1215 C.A.9 (Cal.),2005, Cert. denied, 547 U.S. 1128, 126 S.Ct. 2023, invalidated a statute on First Amendment grounds and overruled the California Supreme Court's unanimous decision in People v. Stanistreet, 127 Cal.Rptr.2d 633.

The Bad Effects Of Cyber Crimes

A criminal defense attorney in California tackles on the subject of cyber crimes. What exactly are these? Can the law enforcement specialists find criminals on the internet? How can you develop a framework for your children to learn what cyber crimes are? The following information will help acquaint you with underhanded and unlawful online behavior. Online activities are simply as susceptible to crime and can endanger personal safety just as effectively as common daily crimes. Lawmakers, law enforcement, and individuals need to know how to defend themselves as well as the individuals for which they are responsible. You can see by the explanations of various cyber crimes below that the crimes have existed before computer systems and the internet were offered to the general public. The only difference involves the resources utilized to make the crime.

The term 'cyber crime' is really a wrongly used name. This term has nowhere been described in any law /Act passed or ratified by the Indian Parliament. The concept of cyber crime is not radically distinctive from the idea of standard crime. The two include conduct whether or not act or omission, which result in breach of rules of law and counterbalanced with the sanction of the state. Though cyber crimes is a new variety of crimes which came into being soon after the arrival of the computers and the scenario has become more worse with all the influence of the net in our day to day life. Numerous crimes which range from identity theft to extortion can be perpetrated by means of computer. For every single real-world crime, there is a cyber-based counterpart. Inside the cyber world, extortion lends itself well to those criminals who understand how to perpetrate destructive acts concerning computer systems.

Like conventional crime, cybercrime may take many shapes and may take place almost anytime or anyplace. Criminals carrying out cybercrime use numerous techniques, depending on their skill-set and their goal. This shouldn't be unexpected: cybercrime is, of course, simply 'crime' with some type of 'computer' or 'cyber' aspect. Symantec draws from the many explanations of cybercrime and specifies it briefly as any crime which is committed using a computer or system, or hardware device. The computer or device may be the agent of the crime, the facilitator of the criminal offense, or the target of the crime. The crime may take place on the computer alone or in addition to other areas.

A criminal defense attorney in California states that together with the increasing use of computers, cyber crime is becoming more and more predominant in today's world. Various types of Cyber crimes that can be found on the net would be the following. Junk e-mail, or the unwanted sending out of junk e-mails for business reasons, which is unlawful. Fresh anti-spam laws and regulations are being passed in various countries that may hopefully restrict the usage of unsolicited electronic communications. Harassment by computer is really a crime in several U.S. states. It's unique from stalking in that stalking typically requires several contacts, whereas harassment by computer can be a solitary incident. It is also totally different from regular harassment, because the criminal offense typically includes a range of crimes that will not be considered harassment if carried out personally.

Criminal defense attorney California from Rollins Law Group replies to nearly every customer's condition for trial run, other than running to simply accept a plea bargain. A criminal defense lawyer is relatively significant mainly because they may be comfortable with having some of the hardest and tough cases, and with this they have perhaps produced outstanding results.

Preparing Open Source Software Compliance Guidelines

The purpose of these Open Source Software Compliance Guidelines (Guidelines) is to provide guidance in the development of procedures designed to verify compliance with the license requirements of various open source software applications and code (OSS) used internally or included in products for distribution. Technology lawyers, advisors and consultants need to be aware of issues surrounding open source software in order to properly advise their clients.

The output of these Guidelines should be (1) an Open Source Software Compliance Policy (OSS Policy) that describes the policies and procedures applicable to the company's use of OSS, and (2) an inventory (OSS Inventory) of all OSS approved for use within the company.

The OSS Policy must be designed with the company's culture and specific way of operating in mind in order to be effective. The OSS Policy should also be reviewed and updated on a regular basis.

The OSS Inventory is the ultimate output of these Guidelines and the OSS Policy. However, it will also serve as a ready document, in modified form, that can be provided to customers that may request a listing of OSS contained in distributed products and to a potential partner or abquirer which is performing due diligence.

It is important to note that 3rd party proprietary software will often contain OSS components. Therefore, particularly when such software is being included in a distributed product, it is necessary to have the vendor identify all OSS components so that they can be considered along the lines as set forth below.

Designated Gatekeeper:

A person or committee should be designated for approval of all OSS proposed to be used internally or included in products for distribution. In order for this procedure to be effective, notice must be provided to relevant company personnel that the company requires prior approval of all OSS utilized in any manner within the company. Such notice must be conspicuous and repeated at regular intervals. In addition, supervisors must also be instructed to reinforce this requirement. Special attention must be paid to development teams which are accustomed to pulling OSS from various places, and usually operate subject to tight deadlines.

Request for Approval:

1. Requests for approval should be submitted within the amount of time prior to use/implementation as stated in the OSS Policy. The approval process should be initiated with the submission of a document that contains at least the following information:

2. Name/Version Number/Source of Open Source Software

3. Name of Applicable License (e.g., GNU General Public License v.2, zlib, BSD), and Source Address for the License

4. Name of Entity/Person Granting License

5. Source Address from which OSS will be Obtained

6. Description of How OSS will be Used (e.g., internally, as a development tool, embedded in distributed product, etc.)

7. If included in distributed product, description of the manner in which these OSS will interact with the company's proprietary source code (i.e., will the OSS be compiled and/or linked statically or dynamically with the company's proprietary source code?)

8. The manner in which the OSS will be implemented (e.g., modified vs. unmodified, standalone, statically linked, dynamically linked, etc.).

9. Description of whether the OSS will be modified

10. Statement as to whether the OSS is a key product component
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11. Statement as to whether the OSS well-known and widely used

12. Target date for OSS use/implementation

Approval Process:

The approval process involves examining risk areas relating to using the particular OSS. Risk areas may include:

1. Does the OSS license require making modified source code ptblicly available?

2. Does the OSS license require that source code for company's proprietary software be made publicly available? (e.g., will there be static linking of GPL code with company's proprietary software?)

3. Has there been litigation or other issues relating to the subject OSS?

4. Does the OSS license contain ambiguous terms, thereby potentially placing a cloud on company's rights to use the OSS in a certain manner?

5. Will lack of warranties and intellectual property indemnification pose a risk to company vis-à-vis customer expectation and demands?

It is important that the approval process be conducted quickly, and the expected time period for approval should be set forth in the OSS Policy. Otherwise, users and developers are likely to get frustrated and find ways to get around the procedures as deadlines approach.

When new versions of approved OSS are used, an expedited approval process should take place. This allows the OSS Inventory to be kept up to date, and will prevent gaps forming in the inventory that could end up becoming large holes.

Compliance:

The goal of an OSS Policy is to achieve compliance with each OSS license. Depending upon the licenses involved, compliance may include any of the following:

1. Inclusion in appropriate documentation of warranty disclaimers, liability exclusions, author attribution, and proprietary rights notices.

2. Inclusion in appropriate documentation of the applicable OSS end user license agreement.

3. Public delivery or availability of source code for the unmodified version or the modified version.

4. Public delivery or availability of source code for company's proprietary software if linked to a "copyleft" open source software code in a manner that requires this result.

5. Marking of modifications made to the OSS source code.

Audits:

On a periodic basis, at least annually, an audit should take place to verify that the OSS Inventory is accurate and up to date. The audit process can be as simple as distributing the OSS Inventory to key personnel who will sign off on it, or as complex as installing monitoring software that will identify OSS on the company's computer system. The extent of the audit will depend upon company's needs and the volume of open source OSS in use.

OSS Training:

Current and new employees should participate in an OSS Policy training session to ensure that they are aware of the company's procedures and requirements in this area.

William Galkin, Esq. is an Internet lawyer who has dedicated his legal practice to representing Internet, website, e-commerce, computer technology and new media businesses in the U.S. and around the world. Learn more about agreements needed by websites.

Why Lawyer Networking Won't Work for You

I love networking because I love meeting everybody, volunteering everywhere and making people look their best through my photography (both lawyering and photography require the skill of representing your view in the best light and angle possible). Everybody you meet is fascinating in their own unique way. However, if it's any significant business traction you're after, your time is usually better spent on something other than networking. Lawyer networking can actually backfire on you:

1.Overdoing it puts a "jobless" stamp on your forehead. Which, of course, makes people wonder why exactly you don't have enough clients to keep you busy? Bad economy is a good excuse for some time but you'll need a better one soon.

2.So what if you'll meet all the important lawyers? As a "networker," you won't get the cases you'd want and you don't want the cases you'd get. This is a no-brainer: good lawyers with good cases don't just give them away to jobless lawyers. Once you have established some expertise (for competent work, not schmoozing) in your niche, clients and referring attorneys will find you themselves.

3.So what if you'll know all the judges? Will you know them well enough to rule in your favor when you slip them a twenty? Sure, they'll trust you more and be more lenient in extending discretionary deadlines for you, etc. However, I actually find that people in general respond better to a competent presentation from a fresh face than when everybody is already used to running into your networking butt on every corner.

4.Attorneys are happy to mentor you on the things you can learn from Google, Nolo, and Westlaw but the odds of getting good advice drop off the more complex, specialized your cases become. Lawyers don't like liability. They'll be happy to mentor you on how to write a will or negotiate a personal injury settlement, but if they know you're gearing up for a jury trial with any of that stuff, they'll understandably be too afraid that you'll mess it up and blame them later.

5.You don't need to be going anywhere to be going in the right direction. Your business does not just benefit from business-related activities. Your business will also benefit if you just forget about your business for now, stay at home, relax, go to the gym, then pour yourself a drink and read something worthwhile. As a matter of fact, if you've read this far, you're already ahead of the curve.

6.An hour-long event is really a half-day event, when you factor in the driving time, pre- and post-event schmooze with other struggling networkers. So, what to do if you have an extra half-day free? Read up on Internet marketing; it's here to stay. Tricky to learn but, fortunately, our math-averse profession lags 5-7 years behind others in catching up, so it's possible even for junior attorneys to successfully compete in this lucrative arena. Unlike the networking hamster wheel, smart Internet advertising can get your phone ringing TODAY.

Sergei Tokmakov is a business and employment attorney in San Deigo, California.
Call now (858) 205-5665 for a free consultation or free employment and business law articles.

How a Good Family Lawyer Can Help

Sometimes there are family situations that arise that cannot be resolved simply by having a family meeting. Sometimes there are more pressing concerns, when there is a dispute involved and someone's rights are being violated in the process. Whether it is a custody dispute, visitation violation, child support issue, domestic dispute or domestic or child abuse; getting a family lawyer to help resolve the situation will help to put an end to all of the family drama.

One of the biggest mistakes you can make when it comes time to go to family court, is to think that a judge will be sympathetic to your case and automatically reward you with the judgment you seek. Family courts deal with many different domestic and family situations each day and many times if you go in there representing yourself, chances are you are going to lose your case. If you want the courts to rule in your favor, you need to have a family lawyer on your side.

A good family lawyer will hear you out and come up with a plan to get everything resolved in your favor. Keep in mind that laws regarding family issues are very complicated and can cause more stress and tensions among family members. It is best for you to stay strong and to have an attorney by your side that will help you do what is necessary and in the best interest of everyone.

A family lawyer is able to listen to your side of the situation and tell you how the courts will perceive it and what needs to be done. They will help keep your family together and put an end to all of the drama that has been done to your character and self-esteem. They are there to represent and support you.

A family lawyer can also help your family to resolve any disputes regarding the estates of any divorcing spouses. Let's face it, when people get married, many have no intentions of getting divorced. However, since divorce is something that does occur, it can be a very messy and stressful situation to have to deal with. Divorces between spouses can get very nasty and if there are children involved, it gets a whole lot harder to resolve without legal counsel being involved.

If you fail to protect yourself by hiring a family attorney, when the other party starts to make their demands, you could lose everything. You don't want to lose what you have worked so hard to get, so you need to have your own family attorney who can look out for your best interest.

No matter what, you should have an attorney that is concerned about your needs and is willing to fight for what you want. There are so many rights that you have and you want to make sure none of them are violated during any court hearings and rulings in family court. Protect yourself and your loved ones by hiring an attorney.

A Santa Monica, CA family lawyer can help you and your loved ones in tough times. For someone you can trust, visit: www.clarkelyoung.com.

What a Bankruptcy Lawyer Wants You to Consider Before Filing

Are you considering filing for bankruptcy? Have you already contacted a bankruptcy lawyer to review your case? If so, then you might want to stop for a second and consider the impact of filing.

While it seems like the easy way to get out of debt, it really isn't. In fact, insolvency of your debt can haunt you for years thereafter the proceedings have passed and the debt is gone. As a result, you might want to take a minute to consider just what you may be getting yourself into. This is especially true if you have not fully exhausted avenues that can help you manage your debt without having to file. It is the goal of this article to review what a bankruptcy lawyer wants you to consider before you proceed.

One thing a bankruptcy lawyer wants you to consider is the negative effect on your credit rating. Sure, you may be able to kid yourself into thinking that you don't need any credit or won't need any credit for a while, but the truth of the matter is that you are not fully considering the magnitude of no access to credit. Credit includes more than just loans for cars and homes, it also includes stores and any other clubs/memberships that would consider you based on credit rating.

A second impact is that you can only file once every seven years. The take away here is that regardless of whether or not you pursue insolvency this time, you will have to learn how to properly manage your debt, so don't think you can just keep filing for bankruptcy when you are in a financial bind.

A third impact that a bankruptcy lawyer wants you to consider is that it will reflect on your credit report for up to ten years. That's right; the decision to file will continue to effect you for up to ten years. Every time you want to do something that requires a good credit standing you will be reminded of your decision.

Whether you are just considering filing or you have actually contacted legal representation for a consultation, making this decision should not be made without serious consideration of the repercussions of doing so. This is particularly relevant with respect to the long term effects of filing for insolvency. Specifically, there are at least three ways in which filing can impact you that a bankruptcy lawyer wants you to consider.

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Criminal Lawyer

The body of law dealing with the various aspects related to criminal activities such as murder, thefts, robbery etc. can broadly be regarded as criminal law and the lawyers working in this area of study are referred to as criminal lawyers. They mostly handle cases which are related to such offensive activities and are subject to severe punishments such as fines and jail. They help individuals and companies to fight for themselves during trials and provide them with valuable pieces of information based on their capacity and jurisdiction. Criminal lawyers are primarily meant to serve their clients to help them survive the clutches of the law.

Today, criminal law has evolved to be one of the greatest and most complicated fields of study and the lawyers practicing in this field ought to have a wide range of vision and foresight. With the increasing number of crimes being conducted in different parts of the world, criminal lawyers are very much in demand. The most important aspect of being a lawyer includes the ability to conduct a fair trial and help the client to win the trial. A lawyer must know their duties very well and should be well-acquainted with the various intriguing details of the law. They should be able to impose their authority and contradict the opponent by convincing the judge skillfully, thus succeeding in bringing the case in their favor. These many qualities are the keys to success for a lawyer and when it comes to a criminal lawyer, the power of foresight plays a major role in handling a trial successfully. Not only this, the lawyer must be very active in contemplating over the different issues which can let their client down and endeavor to provide proper statements and proof in their defense. Moreover, a criminal lawyer is only successful when they maintain their conscience and dignity while helping the client fight for the right cause.

There are certain things which should be kept in mind before hiring a lawyer to fight for a criminal case. Most people tend to go for lawyers who have earned a name for themselves by winning a few cases. It is not the most important thing that defines the credibility of a lawyer. How the lawyer wishes to handle a case and how the lawyer chooses to present their statement before the judge is far more important. The cases which the lawyer has already handled may not be identical to the one which a client wants them to deal with. In case the client has a much more complicated and intriguing case to solve, the best option is to choose the person who may not be as successful as the others, but has the ability to judge it properly and make out the underlying pros and cons at the very first instance. However, the lawyer must be willing to take it up with seriousness and utmost dedication and can present it in a manner so that the different aspects of the case get accentuated and the statements prove to be impactful and clear, thus making it easy for the judge to understand. Apart from all these technical issues, the client should find the lawyer reliable and responsible at the same time.

In conclusion, it is not just mere fame which defines a criminal lawyer, but sensibility and appropriate understanding between the client and the lawyer which motivates the lawyer and helps him to deal with the case properly.

McLemore, Reddell, Ardoin & Story, P.L.L.C. is a Houston-based law firm providing criminal defense representation for individuals throughout the state of Texas. The attorneys handle state and federal misdemeanor and felony cases, including DWI and drug charges, white collar crimes, violent crimes and sex offenses, and more.