Bank Julius Baer V. WikiLeaks
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Bank Julius Baer V. WikiLeaks
''Bank Julius Baer & Co. v. WikiLeaks'', 535 F. Supp. 2d 980 (N.D. Cal. 2008), was a lawsuit filed by Bank Julius Baer against the website WikiLeaks. In early February 2008, Judge Jeffrey White of the U.S. District Court for the Northern District of California forced Dynadot, the domain registrar of wikileaks.org, to disassociate the site's domain name records with its servers, preventing use of the domain name to reach the site. Initially, the bank only wanted the documents to be removed (WikiLeaks had failed to name a contact person). The judge's actions roused media and cyber-liberties groups to defend WikiLeaks' rights under the First Amendment and brought renewed scrutiny to the documents the bank hoped to shield. The judge lifted the injunction and the bank dropped the case on 5 March 2008. Background In 2002, the bank learned that records pertaining to the arrangement of anonymizing trusts in the Cayman Islands for clients from 1997 to 2002 had been leaked. They interview ...
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United States District Court For The Northern District Of California
The United States District Court for the Northern District of California (in case citations, N.D. Cal.) is the federal United States district court whose jurisdiction comprises the following counties of California: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, and Sonoma. The court hears cases in its courtrooms in Eureka, Oakland, San Francisco, and San Jose. It is headquartered in San Francisco. Cases from the Northern District of California are appealed to the United States Court of Appeals for the Ninth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). Because it covers San Francisco and Silicon Valley, the Northern District of California has become known as the presumptive destination for major federal lawsuits (such as large class actions and multi-district litigation) involv ...
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DMCA
The Digital Millennium Copyright Act (DMCA) is a 1998 United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works (commonly known as digital rights management or DRM). It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998, by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of online services for copyright infringement by their users. The DMCA's principal innovation in the field of copyri ...
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American Society Of Newspaper Editors
The American Society of News Editors (ASNE) was a membership organization for editors, producers or directors in charge of journalistic organizations or departments, deans or faculty at university journalism schools, and leaders and faculty of media-related foundations and training organizations. In 2019, it merged with the Associated Press Media Editors to become the News Leaders Association. History The American Society of Newspaper Editors formed after two United States publications took the newspaper industry to task. In January 1922 ''The Atlantic Monthly'' featured two articles by Frederick Lewis Allen and Moorfield Storey were critical and requested change in how newspapers were published. After reading the articles, Casper Yost — the longtime editor of the St. Louis Globe-Democrat and himself a respected journalist — saw the need for forming an organization of editors willing to combat criticism. Yost wrote to a few dozen editors soliciting support. The responses ...
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Reporters Committee For Freedom Of The Press
The Reporters Committee for Freedom of the Press (RCFP) is a nonprofit organization based in Washington, D.C., that provides pro bono legal services and resources to and on behalf of journalists. The organization pursues litigation, offers direct representation, submits ''amicus curiae'' briefs, and provides other legal assistance on matters involving the First Amendment, press freedom, freedom of information, and court access issues. History The Reporters Committee was formed in 1970 after ''New York Times'' reporter Earl Caldwell was ordered to reveal his sources within the Black Panthers. This led to a meeting among journalists — including J. Anthony Lukas, Murray Fromson, Fred Graham, Jack Nelson, Robert Maynard, Ben Bradlee, Tom Wicker, and Mike Wallace, among others — to discuss the need to provide legal assistance and resources to protect journalists’ First Amendment rights. The journalists in attendance formed a part-time committee dedicated to this issue, and they ...
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California First Amendment Coalition
The First Amendment Coalition (FAC) is a nonprofit public interest organization committed to freedom of speech, more open and accountable government, and public participation in civic affairs. Founded in 1988, FAC's activities include "test case" litigation, free legal consultations on First Amendment issues, educational programs, legislative oversight of bills in California affecting access to government and free speech, and public advocacy. In 2016, lawyer and journalist David Snyder became the organization's executive director. History FAC co-authored and sponsored Proposition 5 the Freedom of information law (California)#California's Constitutional Sunshine Amendment, Sunshine Amendment to the California State Constitution, enacted by voters in 2004. FAC since then has enforced Prop. 59, suing Governor Arnold Schwarzenegger to force him to make public his and his staff's calendars of appointments, pressuring state agencies to be more transparent in their decision-making, ...
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Project On Government Oversight
The Project On Government Oversight (POGO) is a Nonpartisanism, nonpartisan non-profit organization based in Washington, D.C., Washington, DC, that investigates and works to expose waste, fraud, abuse, and conflicts of interest in the Federal government of the United States, U.S. federal government. According to its website, POGO works with whistleblowers and government insiders to identify wrongdoing in the federal government, and works with government officials to implement policy changes based on its investigations. POGO is led by executive director Danielle Brian. History The Project on Military Procurement, an arm of the National Taxpayers Legal Fund, was founded by Dina Rasor in February 1981. The Project's mission was to make the public aware of 'waste, fraud, and fat" in U.S. defense spending, according to Rasor. In the organization's early days, Rasor worked with whistleblowers to expose design flaws in the M1 Abrams tank, which had undergone a "shocking (cost) increase" i ...
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American Civil Liberties Union
The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". The ACLU works through litigation and lobbying, and has over 1,800,000 members as of July 2018, with an annual budget of over $300 million. Affiliates of the ACLU are active in all 50 states, the District of Columbia, and Puerto Rico. The ACLU provides legal assistance in cases where it considers civil liberties to be at risk. Legal support from the ACLU can take the form of direct legal representation or preparation of '' amicus curiae'' briefs expressing legal arguments when another law firm is already providing representation. In addition to representing persons and organizations in lawsuits, the ACLU lobbies for policy positions that have been established by its board of directors. Current positions of the ACLU include opposing the ...
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Electronic Frontier Foundation
The Electronic Frontier Foundation (EFF) is an international non-profit digital rights group based in San Francisco, California. The foundation was formed on 10 July 1990 by John Gilmore, John Perry Barlow and Mitch Kapor to promote Internet civil liberties. The EFF provides funds for legal defense in court, presents '' amicus curiae'' briefs, defends individuals and new technologies from what it considers abusive legal threats, works to expose government malfeasance, provides guidance to the government and courts, organizes political action and mass mailings, supports some new technologies which it believes preserve personal freedoms and online civil liberties, maintains a database and web sites of related news and information, monitors and challenges potential legislation that it believes would infringe on personal liberties and fair use and solicits a list of what it considers abusive patents with intentions to defeat those that it considers without merit. History Fou ...
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Streisand Effect
Attempts to hide, remove, or censor information often have the unintended consequence of increasing awareness of that information via the Internet. This is called the Streisand effect. It is named after American singer and actress Barbra Streisand, whose attempt to suppress the California Coastal Records Project's photograph of her cliff-top residence in Malibu, California, taken to document California coastal erosion, inadvertently drew greater attention to the photograph in 2003. Attempts to suppress information are often made through cease-and-desist letters, but instead of being suppressed, the information receives extensive publicity, as well as media extensions such as videos and spoof songs, which can be mirrored on the Internet or distributed on file-sharing networks. In addition, seeking or obtaining an injunction to prohibit something from being published or remove something that is already published can lead to increased publicity of the published work. The Streisa ...
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Copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial righ ...
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Trade Secrets
Trade secrets are a type of intellectual property that includes formulas, practices, processes, designs, instruments, patterns, or compilations of information that have inherent economic value because they are not generally known or readily ascertainable by others, and which the owner takes reasonable measures to keep secret. Intellectual property law gives the owner of a trade secret the right to restrict others from disclosing it. In some jurisdictions, such secrets are referred to as confidential information. Definition The precise language by which a trade secret is defined varies by jurisdiction, as do the particular types of information that are subject to trade secret protection. Three factors are common to all such definitions: A trade secret is information that * is not generally known to the public; * confers economic benefit on its holder the information is not publicly known; and * where the holder makes reasonable efforts to maintain its secrecy. In internatio ...
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