Vale Roger Ebert

April 5, 2013

This is a legal blog.  For the most part.  I break tradition once a year, with a Christmas unabashedly sentimental blog.  Lawyers can have hearts too.  But that is about it.

Except when a giant of the written word dies.  As did one of the titans today.  Read the rest of this entry »

Article in Harvard law review regarding the dangers of surveillance

April 1, 2013

Professor Richards, of the Washington University in St Louis School of Law has published an excellent article in the latest edition of the Harvard Law Review titled The Dangers of Surveillance.

The abstract provides:

From the Fourth Amendment to George Orwell’s Nineteen Eighty-Four, our law and literature are full of warnings about state scrutiny of our lives. These warnings are commonplace, but they are rarely very specific. Other than the vague threat of an Orwellian dystopia, as a society we don’t really know why surveillance is bad, and why we should be wary of it. To the extent the answer has something to do with “privacy,” we lack an understanding of what “privacy” means in this context, and why it matters. Developments in government and corporate practices, Read the rest of this entry »

Drones to be used by environmental group for surveillance on private properties

The Sydney Morning Herald with I spy with my little fly … animal cruelty , the Australian with Farmers ‘may shoot down drones’ sent by Animal Liberation to check their stock , the ABC with Animal welfare group to monitor farms with drone, the Daily Telegraph with Animal Liberation spying drones attract ire of farmers, the Age with Drone will range freely over farms to keep tabs on animal welfare all report on Animal Liberation’s announcement that it will operate a camera mounted drone over private properties to monitor the treatment of livestock and gather evidence of animal cruelty.

Animal Liberation claims it has legal advice that it has legal advice that what they will be doing is legal. From the Sydney Morning Herald article :

And there appears to be little farmers can do to avoid coming under drone surveillance – flying drones above tree height is legal.

”Our legal advice is that if you’re no nearer than 10 metres above ground, and you’re not filming in anyone’s houses, you can go ahead,” said Mark Pearson, head of the animal welfare group.

It is likely that any legal advice Animal Liberation obtained is somewhat more involved and probably more nuanced than the broad brush, simplistic assertion quoted.  Or at least one would hope so. What Read the rest of this entry »