Politics and Law

U.S. Attorney General Eric Holder defended the criminal case against the late activist Aaron Swartz today, saying the penalties sought represented a "good use of prosecutorial discretion."

In an appearance before the Senate Judiciary Committee, Holder denied that Justice Department prosecutors engaged in any wrongdoing, arguing that Swartz could have avoided a lengthy prison sentence if he had simply accepted a guilty plea of up to six months.

Swartz committed suicide on January 11 in New York. His family and friends have blamed prosecutors for filing 13 felony charges -- meaning years or decades in prison if … Read more

The FBI and other police agencies would be required to obtain search warrants before reading Americans' e-mail or tracking their mobile devices under a bill introduced in the U.S. House of Representatives today.

It's not a new proposal: Rep. Zoe Lofgren, a Democrat whose district includes the heart of Silicon Valley, announced almost exactly the same measure last fall. But because the clock ran out without Congress acting, she's trying a second time.

"Fourth Amendment protections don't stop at the Internet," Lofgren said in a statement today. "Americans expect Constitutional protections to extend … Read more

The European Parliament will vote Tuesday on a proposal that could lead to a blanket ban on pornography in any forms of media with potentially wide-ranging implications for freedom and expression in the 27-member state bloc.

Passage of the proposal, "Eliminating gender stereotypes in the EU," would allow the EU to help secure the rights for those across the gender spectrum, particularly women. While the report states that there is an "increasingly noticeable tendency...to show provocatively dressed women, in sexual poses," it also notes that pornography is becoming mainstream and is "slipping into our … Read more

A once-obscure copyright law that the U.S. Senate unanimously approved in 1998 has finally irritated so many members of the public that Congress might bother to defang it.

It's not like the flaws of the Digital Millennium Copyright Act have remained a state secret for the last 15 years: it's been wielded to threaten Princeton security researchers, restrict replacement garage door openers, and jail a programmer who dared to create an e-book converter. One federal appeals court even invoked the law when banning "linking" to certain DMCA-offending Web sites.

Not one of those extrusions of … Read more

The United States' top arms control official thinks the public can play a vital role in helping to combat international arms control violations and threats.

At South by Southwest (SXSW) in Austin, Texas, this Friday, Acting Undersecretary of State for Arms Control and International Security Rose Gottemoeller will take part in a session, to be moderated by CNET reporter Daniel Terdiman, in which she will talk about the U.S. State Department's plans to develop initiatives that utilize technology and public participation in tackling some of the thorniest security problems the United States and its allies face today.

During … Read more

Silicon Valley firms aren't going to get the immigration changes they want, at least not right away.

Straightforward fixes to a legal framework that just about everyone agrees is broken -- the fixes would let foreign engineers and scientists remain in the United States post-graduation -- have run aground on the usual shoals of special interest politicking and partisan bickering.

Technology companies were hoping for prompt action on a pair of bills introduced this year that would ease a shortage of skilled workers, in part by expanding the H-1B visa program. It's a bipartisan idea backed by Microsoft, … Read more

The notes from biographer Walter Isaacson's numerous interviews with Apple co-founder Steve Jobs will not be used as evidence in the Department of Justice's antitrust case against Apple.

That decision, made last week and reported earlier today by PaidContent, means that Isaacson will not have to testify either.

Isaacson is the author of "Steve Jobs," a book that chronicled the life of Jobs, based on interviews with the then-CEO of Apple, as well as his friends, family, colleagues, and rivals. It was published by Simon & Schuster (owned by CBS, parent company of CNET) weeks after … Read more

Google today became the first Internet company to shed light on a highly secret -- and controversial -- warrantless electronic data-gathering technique used by the FBI.

The technique allows FBI officials to send a secret request to Web and telecommunications companies requesting "name, address, length of service," and other information about users as long as it's relevant to a national security investigation. No court approval is necessary, and disclosing the existence of the FBI's request is not permitted.

Because of that legal prohibition, Google was able to disclose only the numerical ranges of requests it receives … Read more

There has been a lot of talk lately about about how it's now considered illegal to unlock your smartphone without your carrier's permission.

The change comes as part of a three-year cycle for renewing the Digital Millennium Copyright Act (PDF). And in this cycle the Library of Congress, which has the job of approving exemptions to the law, decided not to exempt the software locks that carriers put on devices that prevent them from being used on other carrier networks.

The change has caused quite a stir in the wireless community since it took effect in January. An … Read more