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Rumors are circulating that the court of inquiry initiated by Michael Morton's attorneys against Williamson County District Judge (and former District Attorney) Ken Anderson may be reset for Feb. 4, from the currently scheduled date of Dec. 10. More on this if and when it materializes, but from the standpoint of educating legislators and the public, from Grits' perspective early February is a fine time to delve into the sordid details of the causes and consequences of perhaps Texas' most high-profile false conviction.
Besides, postponing till February will give everyone including your correspondent time to finish reading Pam Colloff's massive, two-part tome on Michael Morton's framing and exoneration, see here and here. My deadline for doing so is shorter than yours, though, because Pam has graciously assented to a podcast interview about her story we're going to record on Dec. 3, so look forward to that coming out sometime that week.
26 Kasım 2012 Pazartesi
Why does Google give US law enforcement special access to user info compared to other nations?
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In the wake of the David Petraeus scandal, in which the FBI gained back-end access to the gmail accounts of the CIA director's paramour, I ran across Google's semi-annual transparency statement, in which we learn that in the first six months of 2012, Google granted all or part of 90% of information requests from US law enforcement agencies, handing out information on 16,281 users in response to 7,969 requests.
Comparing requests by country (Google provides only top-line national data, so we can't see how many were in Texas v. California, etc.), the United States was far and away the source of the most law enforcement requests to Google for information and, even more interesting, far and away had the smallest proportion of requests denied. Google responded with user account information to 90% of US law enforcement requests in the first half of 2012, which was actually down from the previous reporting periods. According to the transparency report, "We review each request to make sure that it complies with both the spirit and the letter of the law, and we may refuse to produce information or try to narrow the request in some cases." Fair enough.
Here's what I don't understand. Take a look at the approval rates for various governments that requested user account information from Google:
Not only is the rate of law enforcement requests granted by Google especially high in the United States, US agencies ask for information far more frequently than in any other country, and the number of requests is growing dramatically. Here's a chart Grits compiled from Google transparency reports:
So requests more than doubled in the last two years with little sign of the trend relenting. On one hand, if Google is going to approve such requests at a 90+% clip, I certainly understand why law enforcement agencies in the United States would ask for the data more frequently. OTOH, that begs the question, why doesn't Google resist such requests as often in America as they do throughout the rest of the world? Does their relative leniency toward US law enforcement encourage the volume of requests, or vice versa? Is it US law or Google's relative level of sycophancy that explains the difference?
The flip side of that debate, of course, is that Google provides more transparency on these questions than companies like Facebook or US cell phone providers, so one hesitates to criticize them too harshly simply because they divulge (a little) more information than other tech companies who share user information with law enforcement. But with the government accessing Google user account information at such a rapidly increasing pace, Google cannot escape accountability for their own role in the erosion of online privacy, and the Petraeus scandal has momentarily brought that role to the forefront.
In any event, Grits continues to ponder the implications of these events and so do many others. See these items related to the implications for online privacy from the Petraeus scandal.
Perhaps in answering these sorts of questions we can eventually discover the real lessons of the Petraeus scandal beyond the partisan carping and short-term political positioning that's so far mostly dominated the national conversation surrounding the spymaster's fall from grace.
Comparing requests by country (Google provides only top-line national data, so we can't see how many were in Texas v. California, etc.), the United States was far and away the source of the most law enforcement requests to Google for information and, even more interesting, far and away had the smallest proportion of requests denied. Google responded with user account information to 90% of US law enforcement requests in the first half of 2012, which was actually down from the previous reporting periods. According to the transparency report, "We review each request to make sure that it complies with both the spirit and the letter of the law, and we may refuse to produce information or try to narrow the request in some cases." Fair enough.
Here's what I don't understand. Take a look at the approval rates for various governments that requested user account information from Google:
- United States: 90%
- Japan: 86%
- Brazil: 76%
- Switzerland: 68%
- United Kingdom: 64%
- India: 64%
- Australia: 64%
- Taiwan: 63%
- Israel: 60%
- Spain: 52%
- France: 42%
- Germany: 39%
- Italy: 34%
- South Korea: 35%
- Canada: 24%
- Russia: 0%
- Turkey: 0%
Not only is the rate of law enforcement requests granted by Google especially high in the United States, US agencies ask for information far more frequently than in any other country, and the number of requests is growing dramatically. Here's a chart Grits compiled from Google transparency reports:
The flip side of that debate, of course, is that Google provides more transparency on these questions than companies like Facebook or US cell phone providers, so one hesitates to criticize them too harshly simply because they divulge (a little) more information than other tech companies who share user information with law enforcement. But with the government accessing Google user account information at such a rapidly increasing pace, Google cannot escape accountability for their own role in the erosion of online privacy, and the Petraeus scandal has momentarily brought that role to the forefront.
In any event, Grits continues to ponder the implications of these events and so do many others. See these items related to the implications for online privacy from the Petraeus scandal.
- EFF: When will our email betray us? An email privacy primer in light of the Petraeus scandal
- ACLU: Surveillance and security lessons from the Petraeus scandal
- Reuters: Collateral damage of our surveillance state
- The Week: What the heck, FBI?
- Glenn Greenwald: FBI's abuse of surveillance state is the real scandal needing investigation
- Wired: All three branches agree: Big Brother is the new normal
Perhaps in answering these sorts of questions we can eventually discover the real lessons of the Petraeus scandal beyond the partisan carping and short-term political positioning that's so far mostly dominated the national conversation surrounding the spymaster's fall from grace.
Amarillo appeals court: 'A cell phone is not a pair of pants'
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The Seventh Court of Appeals in Amarillo in a recent opinion (pdf) addressed the question, "May an officer conduct a warrantless search of the contents or stored data in a cell phone when its owner was required to relinquish possession of the phone as part of the booking or jailing process?" They said "No," at least barring "exigent circumstances or other recognized exceptions to the warrant requirement." Here's how attorney-blogger Paul Kennedy described the gist of the ruling:
In State v. Granville, No. 07-11-0415-CR (Tex.App.-- Amarillo 2012), the Amarillo Court of Appeals held that the warrantless search of a cell phone by a "stranger to an arrest" violates the Fourth Amendment. In its opinion, the court explained, in detail, why a cell phone is not a pair of pants.
The court explained that a cell phone is more like a computer and that the information contained within the memory of a cell phone provides a glimpse into the private life of the owner and that the use of passwords, encrypted programs and other security measures gave the user a reasonable expectation of privacy.
The court also took note that Mr. Granville's phone had to be turned on by the officer who decided he needed to snoop around and look at the photos stored on the phone. The fact that the phone had been turned off was another indication that Mr. Granville had a reasonable expectation of privacy.
Finally the court addressed the issue of whether a pre-trial detainee (arrestee) has a privacy interest in his cell phone. Mr. Granville was arrested for a Class C misdemeanor (for those outside the Lone Star State, that is the equivalent of a traffic ticket). He was not going to be held in custody for long and he certainly wasn't the type of person that the ordinary citizen would think should be locked up. The court stated that, because a pre-trial detainee has the opportunity to post bond and get released that he has a greater privacy interest in his personal property than an inmate.
I leave y'all with this quote from the opinion:While assaults upon the Fourth Amendment and article I, § 9 of the United States and Texas Constitutions regularly occur, the one rebuffed by the trial court here is sustained. A cell phone is not a pair of pants.
Trista Sutter's silhouette by Dr. Franklin and Cindi Rose by E.D. Woods
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Trista Sutter’s sculpting by Dr. Franklin and Cindi Rose
Lucky for the Bachelorette’s and Bachelor’s that Erica Rose’s father is famous plastic surgeon Dr. Franklin Rose, and her mom is noted silhouette artist, Cindi Rose. It makes the contestants and winners look and stay beautiful. Recently, the first reality Bachelorette, Trista Sutter, met up with Bachelor legal star, Erica Rose, and discussed her wanting an updated look. Although Erica thought Trista looked beautiful, she referred her to her father (who would never operate on his family). Trista had been admiring Emily Maynard’s plastic surgery, and did not want to be Bachelorette history. For her first meeting, in Franklin Rose’s hometown, Aspen, Colorado, Trista drove in from Vail. The petite beauty was met by Franklin and Cindi Rose.
As always, Cindi took out her surgical scissors and in a minute sculpted the world’s darling’s profile. Trista loved it, and signed it with her good-valued signature. Trista commented that her children would love Cindi Rose’s artwork. Her real concerns however was, a drop of fat, droopy eyes, and breasts that were not what they were pre-children.
Franklin Rose, a board-certified MD, who studied at Yale, Manhattan Eye and Ear, and Baylor College of Medicine, booked the soon to be 40 year-old at his doctor owned surgical center, First Street in Houston, Texas.
Trista got small breast implants, and the tired look erased from her lovely blue eyes with upper and lower eye lifts. In her pre and post-op photos it appears that she may have had liposuction. Word is that there is a room in The Rose Home devoted to patient care, and that after a luxurious stay at First Street Hospital (with culinary meals and wait staff), patients recover with Cindi Rose’s low-fat, organic nutritious meals and care. No wonder, the most beautiful men and women in the country get on Bachelor and Bachelor Pad, they have a connection—Erica Rose’s father. Unlike what people would think, Erica’s perfect size 4, 5’ 8” figure is natural. Her mother and grandmother where former beauty contest winners, and it is a natural for Erica. Read Life & Style Weekly to see Trista’s before and after plastic surgery photos and decide yourself, if she did or did not also have liposuction. I think somewhere there is also word that there could be a book coming out about parenting, and being in love, penned by no-other than America’s darling, Trista Sutter!
YOU ARE INVITED to Karen and Roland Garcia's Annual Halloween Bash and Light Show - Sat. Oct. 27th, 2012
To contact us Click HERE
YOU ARE INVITED to Karen and Roland Garcia's Annual Halloween Bash and Light Show - Sat. Oct. 27th, 2012
Can you believe it’s Halloween again! Ready for some scary fun?!
You and your guest are invited to Karen and Roland Garcia’s Annual Halloween Bash and Light Show on Saturday, October 27th from 7:00 p.m. to midnight at their home, 46 East Rivercrest, Houston, TX 77042. Costumes are preferred. The light show will start at 8:30 p.m., with different shows every hour. You will not want to miss it! There will be tricks, treats, food, drinks, a photo booth, silhouettes, astrology readings, complimentary valet for parking, and more. Contributions in any amount are encouraged at the door, but are not required, to the Holly Rose Ribbon Foundation, a nonprofit organization which provides help for uninsured and underinsured cancer patients of all ages and genders including psychological support, alternative wellness treatments, free reconstructive surgery and free wigs in the US and globally.
Please RSVP your attendance and the name of your guest to Patty Finch at finchp@gtlaw.com or call Patty at 713-374-3544. We look forward to seeing you on October 27th!
Hope you can come!!
Roland Garcia
Shareholder
Greenberg Traurig, LLP | 1000 Louisiana Street | Suite 1700 | Houston, TX 77002
Tel 713.374.3510 | Fax 713.754.7510 | Cell 713.598.6284 GarciaR@gtlaw.com | www.gtlaw.com
Can you believe it’s Halloween again! Ready for some scary fun?!
You and your guest are invited to Karen and Roland Garcia’s Annual Halloween Bash and Light Show on Saturday, October 27th from 7:00 p.m. to midnight at their home, 46 East Rivercrest, Houston, TX 77042. Costumes are preferred. The light show will start at 8:30 p.m., with different shows every hour. You will not want to miss it! There will be tricks, treats, food, drinks, a photo booth, silhouettes, astrology readings, complimentary valet for parking, and more. Contributions in any amount are encouraged at the door, but are not required, to the Holly Rose Ribbon Foundation, a nonprofit organization which provides help for uninsured and underinsured cancer patients of all ages and genders including psychological support, alternative wellness treatments, free reconstructive surgery and free wigs in the US and globally.
Please RSVP your attendance and the name of your guest to Patty Finch at finchp@gtlaw.com or call Patty at 713-374-3544. We look forward to seeing you on October 27th!
Hope you can come!!
Roland Garcia
Shareholder
Greenberg Traurig, LLP | 1000 Louisiana Street | Suite 1700 | Houston, TX 77002
Tel 713.374.3510 | Fax 713.754.7510 | Cell 713.598.6284 GarciaR@gtlaw.com | www.gtlaw.com
25 Kasım 2012 Pazar
Interview with Thomas Rutherford "Oad" Colbert
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While searching for something else, I found this interesting interview of Thomas Rutherford "Oad" Colbert (1879-1939). He was the brother of my great-great grandmother Carrie Colbert.
I'm posting a link to this interview mostly for my few family members who visit this blog, but regular readers might find his words interesting as well.
The Colberts were a big part of Chickasaw history. Oad provided his opinion of his ancestors' move from Mississippi to Indian Territory in 1832 and the land allotment they received from the government.
"We were kidded into believing we're getting a fine thing, when they began allotting the land. But did not learn until later that we were being fooled."
This is a very short interview, and I wish there was more. Family, do you remember Doris talking about Oad? I do. He died in a car accident in 1939 when he was 59.
I'm posting a link to this interview mostly for my few family members who visit this blog, but regular readers might find his words interesting as well.
The Colberts were a big part of Chickasaw history. Oad provided his opinion of his ancestors' move from Mississippi to Indian Territory in 1832 and the land allotment they received from the government.
"We were kidded into believing we're getting a fine thing, when they began allotting the land. But did not learn until later that we were being fooled."
This is a very short interview, and I wish there was more. Family, do you remember Doris talking about Oad? I do. He died in a car accident in 1939 when he was 59.
Houston Area Genealogy and Family History Calendar, November 2012
To contact us Click HERE
November already? Time for turkeys, family visits, football and of course genealogy. Here are some of the activities and events going on in the Houston region this month:
Mondays in November (5,12,19,26)
Katy Branch Library
Genealogy Lunchbox
12:00PM-2:00PM
5414 Franz Road
Katy, TX 77493
Join in for an informal genealogy get-together. There are computers, Ancestry.com and others to help each other with our genealogy work
November 1
Galveston County Genealogical Society
General Meeting
7:00PM-9:00PM
Moody Mansion Museum
2618 Broadway
Galveston, TX
November 3
Clayton Library Center for Genealogical Research
Card making and Scrapbooking
10:30 am - 12:00 pm
Interested in scrapbooking your family history but don’t know how? Learn some of the basics of scrapbooking, plus learn some tips and tricks. Use some of the tools of the trade to make a greeting card and a gift tag. Reservations required, please call 832-393-2600. Adults and teens (accompanied by an adult only).
Houston Genealogical Forum
General Meeting featuring Warren Bittner, CG
10:00 am - 1:00 pm
Bayland Park Community Center
6400 Bissonnet
Houston, TX
November 6
George Memorial Library (Richmond)
Computer class: FamilySearch online
10:00 am - 11:00 am
1001 Golfview Drive
Richmond, TX
How to use the FamilySearch.org genealogy website effectively. We will also cover some of the recent additions to the website.
Registration required. See library website for details.
November 10
Clayton Library Friends Annual Meeting
10:15AM-12:00PM
The group will be celebrating the 25th anniversary of their organization. New officers will be elected for 2013. Registration starts at 10:15AM in the Carriage House meeting room at Clayton Library and the meeting will begin at 10:30AM.
Houston Public Library
Houston History Book Fair & Symposium
10:00 am - 4:00 pm
Dozens of history books available. Meet the authors and get autographs! Admission is free! Event is at the Julia Ideson Building. Questions? 832-393-1313
Missouri City Branch Library
Give Thanks For Your Family: an African American Genealogy Workshop
2:00 pm - 4:00 pm
Speaker: Daniel Sample
1530 Texas Pkwy
Missouri City, Texas
Contact the library at 281-238-2100 for more information
November 11
Atascocita-Kingwood Genealogical Society
"My Heroes, The Code Talker, The Commandant and the DAR"
3:00 PM
Rosemont Assisted Living
6450 Kings Park Way
Second floor community room
Kingwood, TX
November 12
Humble Area Genealogical Society
General Meeting
7:00 PM
Humble Senior Activity Center
1401 South Houston Ave, Humble
November 13
George Memorial Library (Richmond)
Computer class: Photo organization
10:00 am - 11:00 am
1001 Golfview Drive
Richmond, TX
This is an introductory class that will teach you how to organize, store and declutter your photographs. Basic scanning procedures and helpful websites will also be covered.
Registration required. See library website for details.
November 17
Chaparral Genealogical Society
General Meeting
10:00 am
Amegy Bank (2nd floor meeting room)
28201 Business 249
Tomball, TX
Meetings are open to the public. Everyone is welcome!
???
Bay Area Genealogical Society did not have their November meeting listed on their web site at the time of this blog post publication. It is unclear whether they cancelled due to Thanksgiving or not.
*** Note that Veterans Day and Thanksgiving may cause groups to reschedule events this month. Please confirm all information, dates and times with the libraries or groups hosting the events. If you have a genealogy event of interest to Houstonians that you'd like mentioned here, email me with the details
Mondays in November (5,12,19,26)
Katy Branch Library
Genealogy Lunchbox
12:00PM-2:00PM
5414 Franz Road
Katy, TX 77493
Join in for an informal genealogy get-together. There are computers, Ancestry.com and others to help each other with our genealogy work
November 1
Galveston County Genealogical Society
General Meeting
7:00PM-9:00PM
Moody Mansion Museum
2618 Broadway
Galveston, TX
November 3
Clayton Library Center for Genealogical Research
Card making and Scrapbooking
10:30 am - 12:00 pm
Interested in scrapbooking your family history but don’t know how? Learn some of the basics of scrapbooking, plus learn some tips and tricks. Use some of the tools of the trade to make a greeting card and a gift tag. Reservations required, please call 832-393-2600. Adults and teens (accompanied by an adult only).
Houston Genealogical Forum
General Meeting featuring Warren Bittner, CG
10:00 am - 1:00 pm
Bayland Park Community Center
6400 Bissonnet
Houston, TX
November 6
George Memorial Library (Richmond)
Computer class: FamilySearch online
10:00 am - 11:00 am
1001 Golfview Drive
Richmond, TX
How to use the FamilySearch.org genealogy website effectively. We will also cover some of the recent additions to the website.
Registration required. See library website for details.
November 10
Clayton Library Friends Annual Meeting
10:15AM-12:00PM
The group will be celebrating the 25th anniversary of their organization. New officers will be elected for 2013. Registration starts at 10:15AM in the Carriage House meeting room at Clayton Library and the meeting will begin at 10:30AM.
Houston Public Library
Houston History Book Fair & Symposium
10:00 am - 4:00 pm
Dozens of history books available. Meet the authors and get autographs! Admission is free! Event is at the Julia Ideson Building. Questions? 832-393-1313
Missouri City Branch Library
Give Thanks For Your Family: an African American Genealogy Workshop
2:00 pm - 4:00 pm
Speaker: Daniel Sample
1530 Texas Pkwy
Missouri City, Texas
Contact the library at 281-238-2100 for more information
November 11
Atascocita-Kingwood Genealogical Society
"My Heroes, The Code Talker, The Commandant and the DAR"
3:00 PM
Rosemont Assisted Living
6450 Kings Park Way
Second floor community room
Kingwood, TX
November 12
Humble Area Genealogical Society
General Meeting
7:00 PM
Humble Senior Activity Center
1401 South Houston Ave, Humble
November 13
George Memorial Library (Richmond)
Computer class: Photo organization
10:00 am - 11:00 am
1001 Golfview Drive
Richmond, TX
This is an introductory class that will teach you how to organize, store and declutter your photographs. Basic scanning procedures and helpful websites will also be covered.
Registration required. See library website for details.
November 17
Chaparral Genealogical Society
General Meeting
10:00 am
Amegy Bank (2nd floor meeting room)
28201 Business 249
Tomball, TX
Meetings are open to the public. Everyone is welcome!
???
Bay Area Genealogical Society did not have their November meeting listed on their web site at the time of this blog post publication. It is unclear whether they cancelled due to Thanksgiving or not.
*** Note that Veterans Day and Thanksgiving may cause groups to reschedule events this month. Please confirm all information, dates and times with the libraries or groups hosting the events. If you have a genealogy event of interest to Houstonians that you'd like mentioned here, email me with the details
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