Judge reverses guilty verdict because a cop lied

A Florida judge reversed a DUI driver's guilty verdict because a cop lied, and it's all on video.

After pulling over a woman he claims to have seen drinking beer at the wheel, Sanford, Fla., police officer Michael Wagner filed a citation saying she'd been breathalyzed over the legal alcohol limit, and her license was suspended. At trial, though, Wagner testified that no breath-alcohol test was conducted and that all he did was book her into jail.

This video shows district court judge Fred Schott yelling at the prosecutor over Wagner's shenanigans and throwing the driver's guitly verdict out.

The Orlando Sentinel reports that the judge has been asked to only do civil cases for a while. He sticks by his decision but admits he shouldn't have gotten mad at the prosecutor—or granted a nonexistent motion for a new trial after apparently aquitting the driver.

"I was angry," he said. "I probably got more emotional than I should have, but I really feel this woman was treated unfairly." ... Schott accused Wagner of falsifying a sworn document by checking the box that indicated Gonzalez had failed a blood or breath test.

"I want you to take him up for perjury," the judge said. 'He lied. He lied on a sworn citation. … He broke the law.

Even if it was an honest mistake, note that it's incomprehensible to police or the presecutor that they be held responsible for the mistake. Even when the only thing at stake is one iffy DUI case. Read the rest

Cop who shot neighbor in his own apartment indicted with murder

Amber Guyger, the Dallas cop who killed an unarmed neighbor in his own apartment then claimed she had thought she was in her apartment, was charged today with murder.

Guyger, who was arrested and fired from her job as a Dallas police officer after the September shooting, initially faced a charge of manslaughter. But Dallas County District Attorney Faith Johnson had said a grand jury could issue a stiffer charge. Botham Jean's family has wanted Guyger to be indicted for murder, their attorney Daryl Washington told CNN. Guyger, who is white, was off-duty when she encountered Jean, an 26-year-old unarmed black man, in his apartment on September 6, police said. Still in her uniform, Guyger parked her car in the complex and walked to what she believed was her apartment, according to an arrest warrant affidavit.

Local authorities slow-walked both Guyger's original arrest and the investigation into her killing of Botham Shem Jean, giving her days to plan her story and months to prepare her defense. Read the rest

Redaction ineptitude reveals Facebook's 2012 plan to sell Graph API access to user data for $250,000

Six4three sucks at redaction: its court filing in its lawsuit against Facebook (previously) was redacted by drawing black rectangles over the text, which can still be copied and pasted to read it. This is a stupid mistake that most people stopped making a decade ago. Read the rest

Mueller says Manafort violated his plea deal by lying to investigators

Breaking News: Robert Mueller says former Trump campaign chairman Paul Manafort violated his plea deal by lying to investigators. Read the rest

British Parliament seizes internal Facebook documents by threatening to jail a rival exec

Ted Kramer is CEO and co-founder of Six4Three, a creepy US-based machine-learning startup whose debut product was a Facebook app called Pinkini that let you search your friends' photos for pictures of them in bikinis; when Facebook shut down the app after a terms-of-service change, Six4Three sued Facebook and obtained a key trove of internal Facebook documents through the discovery process. Read the rest

The billionaire family who profited off the opioid epidemic are finally facing legal reprisals

The Sackler Family (previously) are a family of self-styled philanthropist billionaires who have been largely successful in their campaign to whitewash their family name by giving away a few percentage points off the profits they earned from deliberately creating the opioid epidemic by tricking and bribing doctors to overprescribe Oxycontin, falsely claiming that it was not addictive, and promoting the idea that any doctor who left a patient feeling pain was engaged in malpractice. Read the rest

Copyright and the "male gaze": a feminist critique of copyright law

Film theorist Laura Mulvey coined the term "male gaze" to describe the "masculine, heterosexual perspective that presents and represents women as sexual objects for the pleasure of the male viewer": in a paper for the Harvard Journal of Law and Gender, Southwestern Law School professor John Tehranian applies Mulvey's idea to the complex and often nonsensical way that copyright determines who is an "author" of a work and thus entitled to control it, and shows how the notion of authorship reflects and amplifies the power imbalances already present in the world. Read the rest

This month, the climate-denyingist red state AGs lost their jobs to Dems: time to sue the US government

Republican state AGs were in the majority...until this months election, when the majority flipped, with the most climate-denying AGs (in Michigan, Colorado, Wisconsin and Nevada) losing their jobs to Dems who ran on strong environmental platforms. Read the rest

How to use science fiction to teach tech ethics

Science fiction writer/lawyer Casey Fiesler is a maven in the field of tech ethics education (she maintains the amazing spreadsheet of tech-ethics syllabi); she uses science fiction stories as a jumping-off point for her own classroom discussions of ethics in technology. Read the rest

Companies keep losing your data because it doesn't cost them anything

Data breaches keep happening, they keep getting worse, and yet companies keep collecting our data in ever-more-invasive ways, subjecting it to ever-longer retention, and systematically underinvesting in security. Read the rest

Comcast forced to provide refunds to 20,000 customers in Massachusetts

If you were living in Massachusetts a few years back, you might remember that Comcast was offering what seemed to be a screaming deal: a $99 lock-in rate plan. I say "seemed to be," because Comcast's advertised $99 price didn't include the cost of renting equipment and the fact that, as we're talking about Comcast here, there were a number of additional fees that could (and often did) appear on a subscriber's bill at the end of the month, for reasons only Comcast understood.

Did I mention that escaping the rate plan set folks back $240 for killing their contract with the company early? No? Well, it totally did. The state's Attorney General, Maura Healey, felt that this was bullshit of the first order. Her office did something about it.

From Gizmodo:

Comcast will cancel the debts of more than 20,000 customers and pay back $700,000 in Massachusetts as part of a settlement with the state’s Attorney General over deceptive advertising. Back in 2015 and early 2016, the cable giant advertised a $99 lock-in rate for plans that didn’t include equipment costs and had additional fees that could be jacked up at any time.

As part of Comcast's settlement with the state, they'll be forced to fork over refunds to anyone who paid the $240 early termination fee. They'll also be forced to forgive all outstanding unpaid early termination fees and related late fees that Massachusetts consumers incurred between January 2015 and March 2016. Comcast fully cooperated with the AG’s investigation. Read the rest

Serial swatter off to jail for "at least 20 years"

Tyler Barriss, a serial hoaxer whose SWATting calls to 911 we've covered before, is off to jail. He'll serve at least 20 years, according to his plea deal, but won't be sentenced until January.

A California man has admitted making a hoax call that ultimately led police to fatally shoot a Kansas man following a dispute between online gamers over $1.50 bet in a Call of Duty WWII video game.

Twenty-six-year-old Tyler R. Barriss pleaded guilty to making a false report resulting in a death, cyberstalking and conspiracy related to the deadly swatting case in the Kansas. The deal with prosecutors will send him to prison for at least 20 years, if the judge accepts it. He had previously pleaded not guilty in Kansas.

28-year-old Wichita, Kansas father of two, Andrew Finch, was killed by local police in 2017 after Barriss apparently took a $1.50 in-game bet to call them on him.

Vile as he is, Barriss is just a trigger: the bomb is police enthusiasm for deadly violence on the slightest pretext. Prosecutors refused to charge Justin Rapp, the cop who actually killed Finch, though his department faces a lawsuit from his family. Read the rest

Wells Fargo: We can't be sued for lying to shareholders because it was obvious we were lying

Wells Fargo has asked a court to block a shareholder lawsuit that seeks to punish the company for lying when it promised to promptly and completely disclose any new scandals; Wells Fargo claims that the promise was obvious "puffery," a legal concept the FTC has allowed to develop in which companies can be excused for making false claims if it should be obvious that they are lying (as when a company promises that they make "the best-tasting juice in America). Read the rest

Britons! Tell the UK government that the compulsory porn-viewing logs need compulsory privacy standards

The British government has decreed that adult sites must collect age-verification data on everyone who looks at material rated for 18-and-over viewing; this amounts to a database of the porn-viewing habits of every adult in the UK. Read the rest

13 dead in California bar after gunman opens fire (Update: shooter identified)

At least 13 are dead after a gunman opened fire at a crowded bar in Thousand Oaks, California. The dead include the shooter and a Sheriff's sergeant who tried to stop him.

A man, identified by authorities as Ian David Long, 29, entered the Borderline Bar and Grill at 11.20pm, threw smoke grenades into the crowd, then fired dozens of rounds into it, eyewitnesses say. Long was reportedly dressed entirely in black and wearing a mask.

Authorities do not know what his motive was, but Ventury County Sheriff Geoff Dean told reporters that he has "no reason to beleive there was a link to terrorism" and that the only weapon recovered was a "modified" .45 Glock handgun. The sergeant killed in the attack was a 29-year veteran about to retire, according to wire reports.

Thousand Oaks is an upscale LA exurb listed as one of the safest places to live in America. The Borderline Bar & Grill is described by Google as "a lively spot with Western decor & dancing" hosting country and salsa theme nights.

Pepperdine University in nearby Malibu reports that some of its students were there attending a "student night" event.

Updated at 10 a.m. with the shooters' name and weapon. ABC News says Long was a USMC veteran. Read the rest

The Ghastlygun Tinies: MAD's Edward Gorey satire that takes aim at school shootings

Edward Gorey's "Gashlycrumb Tinies" is a much-beloved, macabre illustrated children's book that is a favorite of remixers of all kinds; but Mad Magazine's Ghastlygun Tinies dials up the "trenchant" knob to 11. Read the rest

Senator Wyden proposes 20 prison sentences for CEOs who lie about data collection and protection

Senator Ron Wyden [D-OR] (previously) has introduced the Consumer Data Protection Act, which extends personal criminal liability to the CEOs of companies worth more than $1B or who hold data on more than 50,000,000 people who knowingly mislead the FTC in a newly mandated system of annual reports on the steps the company has taken to secure the data. Read the rest

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