Re: [liberationtech] Kiobel Ruling on Alien Tort Statute and Censorship Tech

2013-04-25 Thread Peter Micek
Thank you to Chip, Jillian and Jon for your comments on the Kiobel decision and Alien Tort Statute. I've spent some time investigating the case and its implications. For those interested in Access' position and future possibilities for human rights litigation from a digital rights perspective,

Re: [liberationtech] Kiobel Ruling on Alien Tort Statute and Censorship Tech

2013-04-18 Thread Jillian C. York
That's a rather odd position for someone who works for a human rights group to take. On Wed, Apr 17, 2013 at 2:26 PM, Peter Micek pe...@accessnow.org wrote: Hey Collin, It looks like the Supreme Court set a very high bar to overcoming the presumption of territoriality in ATS cases. That

Re: [liberationtech] Kiobel Ruling on Alien Tort Statute and Censorship Tech

2013-04-18 Thread jon penney
Agreed. This is a bad decision. The ATS is, as Chip wrote earlier, a jurisdictional statute. And, quite frankly, its text and historical context strongly suggests it captures extraterritoriality activities. In 1789, the United States was a young republic, attempting to normalize international

[liberationtech] Kiobel Ruling on Alien Tort Statute and Censorship Tech

2013-04-17 Thread Collin Anderson
Libtech, Today the Supreme Court handed down a ruling that seriously limited the scope of the Alien Tort Statute on human rights cases. ATS was the grounds that Iranians attempted to sue Nokia Siemens Networks for their sale of lawful intercept, claims of liabilities for selling surveillance to

Re: [liberationtech] Kiobel Ruling on Alien Tort Statute and Censorship Tech

2013-04-17 Thread Peter Micek
Hey Collin, It looks like the Supreme Court set a very high bar to overcoming the presumption of territoriality in ATS cases. That US laws should apply only to traditional spaces of US jurisdiction is presumed unless congress specifically says otherwise. Since the Filartiga v Peña case in 1989,

Re: [liberationtech] Kiobel Ruling on Alien Tort Statute and Censorship Tech

2013-04-17 Thread Chip Pitts
...@lists.stanford.edu] On Behalf Of Peter Micek Sent: Wednesday, April 17, 2013 4:26 PM To: liberationtech Subject: Re: [liberationtech] Kiobel Ruling on Alien Tort Statute and Censorship Tech Hey Collin, It looks like the Supreme Court set a very high bar to overcoming the presumption of territoriality