Judge: Gene Patents Are Invalid

from the huge-news dept

In a huge ruling, U.S. District Judge Robert Sweet has said that gene patents are invalid. As you may recall, last May, the ACLU was the first to finally challenge whether or not genes could be patented. There was a lot of back and forth over the case, with many saying that a ruling against gene patents would throw a wrench into the business plans of many companies, because so many biotech/medical companies have been relying on the idea that gene patents must be valid for so long. But just because many companies relied on a mistaken understanding of patent law, doesn't mean that it should be allowed to continue. The judge made the point clear when it came to gene patents, saying that they:

"are directed to a law of nature and were therefore improperly granted."

The case was brought against Myriad Genetics, who will surely appeal, so this is nowhere close to over. But it involved a test for breast cancer, that Myriad basically had a monopoly over -- and the claim was that this not only made it more difficult for women to get tested, but it also greatly discouraged other research in the field. In part, this was because the patents that Myriad held were incredibly broad.

Patents, of course, are not supposed to be granted on things found in in nature -- and it's hard to argue against the idea that genes are found in nature. Supporters of gene patents often claim that they're not really gene patents, but a patent on identifying the gene, which is a nice semantic game that the judge clearly saw through. This is a huge step forward for encouraging more real research into genetic testing, rather than locking up important information.

Filed Under: brca1, gene patents, genes, invalid, nature, patents
Companies: aclu, myriad genetics

ACLU Looking To Challenge Homeland Security On Border Laptop Searches

from the gotta-find-someone-first... dept

Slashdot points us to the news that the ACLU is looking to challenge Homeland Security's policies that it has pretty free reign in searching your laptop at the border. Now, to date, the courts have said that this is perfectly legal, so it's not clear what is "new" that the ACLU hopes to prove. However, last year, after revealing that the new administration still stood by these border computer searches, it also revealed some data on laptop searches, suggesting they are quite rare -- but do still happen. However, the ACLU is seeking people whose laptops were searched, but that looks like a pretty small number of people. While I agree that these searches seem quite questionable for a variety of reasons, I just don't see this lawsuit being effective.

Filed Under: border search, homeland security, laptops
Companies: aclu

ACLU Explains Why It's Fighting To Protect Info On Anonymous Vegas Newspaper Commenters

from the you-should-be-able-to-criticize-the-gov't dept

We recently wrote about the fishing expedition US prosecutors went on trying to get all sorts of info (much of which didn't exist) on anonymous commenters on an article by the Las Vegas Journal-Review. The newspaper fought (publicly) the request as being way too broad, leading the feds to back down and greatly narrow the request to just info on four commenters. The newspaper appears to have no issue giving up that information, but the ACLU is still protesting, claiming that one should be able to anonymously criticize the government without having US Prosecutors track you down. Specifically, the ACLU notes that the US Attorneys are really stretching things to call the comments in question "threats" to the US Prosecutor involved in the lawsuit the article was about. It does seem clear that the comments weren't meant seriously. It sounds like people who disagree with the result of the case venting in the same way people vent on pretty much any forum online. That said, I would agree with the ACLU if the newspaper were being compelled to hand over the info. But if it voluntarily is handing over the info after being asked, then I'm not sure it's an issue for the ACLU to get involved in, because the decision is the newspaper's to make.

Filed Under: anonymity, comments, newspaper, privacy
Companies: aclu, las vegas journal-review

As Expected, Judge Dismisses Warrantless Wiretapping Lawsuits Against Telcos

from the it's-the-law... dept

This isn't a huge surprise, but a judge has tossed out the ACLU and the EFF's various lawsuits against telcos for enabling warrantless wiretapping for the government. The reason it isn't a huge surprise is that the gov't last year, in a well publicized move, granted the telcos immunity from prosecution, and the judge basically pointed that out in dismissing the case. Instead, the judge said that if these groups have a complaint, it's with the gov't for granting immunity (not to worry, there are lawsuits against the gov't as well). Not surprisingly, the EFF and ACLU are appealing. Still, it does seem like these lawsuits are a longshot, even if it's disappointing. It seems ridiculous that the gov't can grant widespread immunity to a company for potentially breaking the law -- but, again, it seems that's an issue to take up with the government -- and once that's solved, go back and deal with the companies specifically. The judge's job is to interpret the law, and in this case, the law says that the telcos are immune. Now, if you believe (as I do) that such a law is ridiculous and should be seen as unconstitutional, than the issue is to take it up with the government. So, the judge's ruling makes sense, even if it's disappointing to see telcos potentially get off the hook for violating customer privacy rights.

Filed Under: telco immunity, telcos, warrantless wiretapping
Companies: aclu, at&t, eff, verizon

ACLU, Cancer Patients Sue Over Patenting Of Genes

from the big-news dept

For years, we've been among those who have questioned how the hell anyone (let alone the US Patent Office) can justify the concept of patenting genes. Yet, the Patent Office has continued to issue such patents, even as they have been shown to cause significant problems in diagnosing and treating certain illnesses. Finally, however, it appears that the concept of patenting genes is about to get tested in court. The ACLU has organized a group of cancer patients who have had treatments and medical analysis limited due to gene patents held by the company Myriad Genetics, and brought the issue to court. This is a big deal... and while the case and the resulting appeals will certainly take many years, this is going to be a case well worth watching.

Filed Under: aclu, cancer, gene patents, patents
Companies: aclu, myriad genetics

Prosecutor Who Threatened Teens With Child Porn Charges For Taking Pics Of Themselves Gets Sued

from the back-at-ya dept

Back in January, we got a tremendous response in the comments to a post about some teens in Pennsylvania who were facing the potential of child porn charges from an overzealous local prosecutor. Three girls had snapped nude and semi-nude pictures of themselves, and and faced charges of manufacturing, disseminating or possessing child pornography; the two boys they sent the photos faced possession raps. Now, the ACLU has sued the prosecutor on the girls' behalf, saying he shouldn't have threatened them with baseless charges -- which haven't yet been filed -- if they wouldn't agree to probation and a counseling program. The prosecutor says he was being "proactive" in offering them a choice, but the ACLU says he shouldn't be using "heavy artillery" to make the threats. As its attorney points out, teaching kids that this sort of behavior can bring all sorts of unwanted and unforeseen ramifications is a good idea, but threatening them with child-porn charges isn't the best way to do it. Of course, in neighboring New Jersey, it seems like prosecutors didn't just stick to threats of such charges: a 14-year-old girl has now been arrested for child porn possession and distribution for posting nude photos of herself on MySpace for her boyfriend to see. At least in that case, they say they won't charge friends who viewed the photos as well.

Filed Under: pennsylvania
Companies: aclu

Judge Hears Arguments Over Telco Immunity

from the Constitutional-questions dept

We were quite disappointed with Congress earlier this year, selling out the country and granting retroactive immunity to telcos for any involvement they might have had in any warrantless wiretapping program. The immunity basically gave the White House a get out of jail free card that it could hand to any telco -- even if that telco clearly violated constitutional rights. No matter which side of the political aisle you fall on, this should be extremely disturbing. It basically lets the President decide that certain companies don't need to obey the constitution. That, by itself, seems to be unconstitutional.

Not surprisingly, the EFF and the ACLU sued over the granting of immunity, and the judge in the case heard the arguments on both sides on Tuesday. While there was a lot of back and forth, at least part of the exchange suggested that the judge agreed with the government's position, telling the EFF's lawyer that he should take up his complaint with Congress, not through the courts.

Perhaps I'm missing something, but isn't a large part of the reason for the judicial system to be a check on the power of Congress and the White House -- specifically on making sure they don't do anything unconstitutional? It's not clear when the judge will rule, but I've yet to see a single reasonable explanation for why telcos should be granted immunity. If what they did wasn't illegal, then there's nothing to worry about. If what they did was illegal, but they felt that it was in the best interests of the country, then let them explain that in court to mitigate the situation. Granting retroactive immunity goes against everything the rule of law should stand for.

Filed Under: telco immunity
Companies: aclu, eff

EFF, ACLU Ask Court To Strike Down Kentucky's Domain Name Seizure

from the good-for-them dept

You may recall that a judge recently allowed Kentucky's governor to seize a bunch of domain names that were related to gambling -- even if neither the owners nor the servers were based in Kentucky -- setting a terrible precedent. That's why it's good to see the EFF, the ACLU and the Center for Democracy and Technology (CDT) team up yet again to ask an appeals court to overturn this decision. Hopefully the appeals court recognizes how truly awful the original decision was, and notes how it seems to violate multiple clauses of the Constitution.

Filed Under: domain names, gambling, governor, kentucky, online gambling
Companies: aclu, cdt, eff

ACLU Sues Over New Surveillance Act

from the ain't-over-yet dept

Following Congress granting President Bush the "get out of jail free" card he demanded, it probably comes as no surprise that he's signed the bill into law -- claiming (laughably) that the bill was designed to "protect the liberties of our citizens." It's unclear what in the new bill does that -- though there's plenty that does the opposite. Almost immediately, the ACLU has sued to challenge the constitutionality of the bill, saying that it appears to violate the 4th Amendment against unreasonable search and seizure without probable cause. Meanwhile, the EFF is also preparing to sue over both the telco immunity issue and the expanded surveillance powers. All of these efforts are probably long shots, but it means this isn't over yet.

Filed Under: fisa, surveillance, telco immunity, wiretapping
Companies: aclu, eff

EFF, ACLU Sue To Find Out Details Of Gov't Use Of Mobile Phone Data To Track People

from the it's-like-your-own-personal-beacon dept

Back in November, the news broke on the Friday after Thanksgiving that the federal government routinely asked for and received information from mobile phone operators about the location of various mobile phones (effectively tracking their owners) without bothering to show any sort of probable cause. This should raise plenty of concern (especially combined with the warrantless wiretapping program), as it effectively would mean that if you own a mobile phone, you've given the gov't the freedom to figure out where you are at any moment in time with no probable cause.

The EFF and the ACLU filed Freedom of Information Act requests to find out details of the program, which were (not surprisingly) denied by the Justice Department. The two organizations have now sued the government to find out more about these programs. Given the government's reaction to similar lawsuits on wiretapping, don't expect much info to come out of this lawsuit -- and do expect a vigorous attempt to get the case dismissed with various bogus claims of "state secrets" and "national security." It all comes down to the same basic thing, though. The government seems to think it's above the law.

Filed Under: freedom of information, government, mobile phones, tracking
Companies: aclu, eff