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In Trade Ruling, Antigua Wins a Right to Piracy
by R.A.Hettinga 23 Dec '07

23 Dec '07

<http://www.nytimes.com/2007/12/22/business/worldbusiness/ 22gambling.html?th=&emc=th&pagewanted=print> December 22, 2007 In Trade Ruling, Antigua Wins a Right to Piracy By JAMES KANTER and GARY RIVLIN PARIS In an unusual ruling on Friday at the World Trade Organization, the Caribbean nation of Antigua won the right to violate copyright protections on goods like films and music from the United States an award worth up to $21 million as part of a dispute between the countries over online gambling. The award follows a W.T.O. ruling that Washington had wrongly blocked online gambling operators on the island from the American market at the same time it allowed online wagering on horse racing. Antigua and Barbuda had claimed damages of $3.44 billion a year. That makes the relatively small amount awarded Friday, $21 million, something of a setback for Antigua, which had been struggling to preserve its gambling industry. The United States argued that its behavior had caused $500,000 damage. Yet the ruling is significant in that it grants a rare form of compensation: the right of one country, in this case Antigua, to violate intellectual property laws of another the United States by allowing it to distribute copies of American music, movie and software products. That has only been done once before and is, I believe, a very potent weapon, said Mark Mendel, a lawyer representing Antigua, after the ruling. I hope that the United States government will now see the wisdom in reaching some accommodation with Antigua over this dispute. Though Antigua is best known for its pristine beaches and tourist attractions, the dozens of online casinos based there are important to the islands economy as its second-largest employer. By pressing its claim, trade lawyers said, Antigua could set a precedent for other countries to sue the United States for unfair trade practices, potentially opening the door to electronic piracy and other dubious practices around the world. Still, carrying out the ruling will prove difficult, the lawyers say. Even if Antigua goes ahead with an act of piracy or the refusal to allow the registration of a trademark, the question still remains of how much that act is worth, said Brendan McGivern, a trade lawyer with White & Case in Geneva. The Antiguans could say thats worth $50,000, and then the U.S. might say thats worth $5 million. He predicted that the U.S. is going to dog them on every step of the way. The United States has aggressively fought Antiguas claims. A W.T.O. panel first ruled against the United States in 2004, and its appellate body upheld that decision a year later. In April 2005, the trade body gave the United States a year to comply with its ruling. That deadline passed with little more than a statement from Washington that it had decided it was in compliance. From the start, the United States asserted that it had never intended to allow free cross-border gambling or betting. Those activities are restricted in the United States, though some form of gambling is legal in 48 states. In May, the United States said it was rewriting its trade rules to remove gambling from the jurisdiction of the W.T.O. Washington has agreed on deals with the European Union, Canada and Japan to change the treaty but not with several other nations, including Antigua. On Friday, the United States trade representative issued a stern warning to Antigua to avoid acts of piracy, counterfeiting or violations of intellectual property rights while talks continue. The trade office said such behavior would undermine Antiguas claimed intentions of becoming a leader in legitimate electronic commerce, and would severely discourage foreign investment in the country. James Kanter reported from Paris, and Gary Rivlin from New York.

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Hoover Planned Mass Jailing in 1950
by R.A.Hettinga 22 Dec '07

22 Dec '07

<http://www.nytimes.com/2007/12/23/washington/23habeas.html? hp=&pagewanted=print> December 23, 2007 Hoover Planned Mass Jailing in 1950 By TIM WEINER A newly declassified document shows that J. Edgar Hoover, the longtime director of the Federal Bureau of Investigation, had a plan to suspend habeas corpus and imprison some 12,000 Americans he suspected of disloyalty. Hoover sent his plan to the White House on July 7, 1950, 12 days after the Korean War began. It envisioned putting suspect Americans in military prisons. Hoover wanted President Harry S. Truman to proclaim the mass arrests necessary to protect the country against treason, espionage and sabotage. The F.B.I would apprehend all individuals potentially dangerous to national security, Hoovers proposal said. The arrests would be carried out under a master warrant attached to a list of names provided by the bureau. The names were part of an index that Hoover had been compiling for years. The index now contains approximately twelve thousand individuals, of which approximately ninety-seven per cent are citizens of the United States, he wrote. In order to make effective these apprehensions, the proclamation suspends the Writ of Habeas Corpus, it said. Habeas corpus, the right to seek relief from illegal detention, has been a fundamental principle of law for seven centuries. The Bush administrations decision to hold suspects for years at Guantanamo Bay, Cuba, has made habeas corpus a contentious issue for Congress and the Supreme Court today. The Constitution says habeas corpus shall not be suspended unless when in cases of rebellion or invasion, the public safety may require it. The plan proposed by Hoover, the head of the F.B.I. from 1924 to 1972, stretched that clause to include threatened invasion or attack upon United States troops in legally occupied territory. After the terrorist attacks of Sept. 11, 2001, President Bush issued an order that effectively allowed the United States to hold suspects indefinitely without a hearing, a lawyer, or formal charges. In September 2006, Congress passed a law suspending habeas corpus for anyone deemed an unlawful enemy combatant. But the Supreme Court has reaffirmed the right of American citizens to seek a writ of habeas corpus. This month the court heard arguments on whether about 300 foreigners held at Guantanamo Bay had the same rights. It is expected to rule by next summer. Hoovers plan was declassified Friday as part of a collection of cold- war documents concerning intelligence issues from 1950 to 1955. The collection makes up a new volume of The Foreign Relations of the United States, a series that by law has been published continuously by the State Department since the Civil War. Hoovers plan called for the permanent detention of the roughly 12,000 suspects at military bases as well as in federal prisons. The F.B.I., he said, had found that the arrests it proposed in New York and California would cause the prisons there to overflow. So the bureau had arranged for detention in military facilities of the individuals apprehended in those states, he wrote. The prisoners eventually would have had a right to a hearing under the Hoover plan. The hearing board would have been a panel made up of one judge and two citizens. But the hearings will not be bound by the rules of evidence, his letter noted. The only modern precedent for Hoovers plan was the Palmer Raids of 1920, named after the attorney general at the time. The raids, executed in large part by Hoovers intelligence division, swept up thousands of people suspected of being communists and radicals. Previously declassified documents show that the F.B.I.s security index of suspect Americans predated the cold war. In March 1946, Hoover sought the authority to detain Americans who might be dangerous if the United States went to war. In August 1948, Attorney General Tom Clark gave the F.B.I. the power to make a master list of such people. Hoovers July 1950 letter was addressed to Sidney W. Souers, who had served as the first director of central intelligence and was then a special national-security assistant to Truman. The plan also was sent to the executive secretary of the National Security Council, whose members were the president, the secretary of defense, the secretary of state and the military chiefs. In September 1950, Congress passed and the president signed a law authorizing the detention of dangerous radicals if the president declared a national emergency. Truman did declare such an emergency in December 1950, after China entered the Korean War. But no known evidence suggests he or any other president approved any part of Hoovers proposal.

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