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Copyright Trolls Go Mostly Silent In US Federal Courts

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Readers here will be familiar with the practice of copyright trolling and the toll this extortion by threatened litigation has had on the public and the court system. You will also be aware that a huge chunk of copyright trolling efforts in America have been undertaken by two companies: Malibu Media and Strike 3 Holdings. Both companies have had setbacks as of late, between ownership and investor issues, and a series of both losses in court and judges who are finally starting to catch on to the shady way these trolls attempt to extort money from people with scant evidence.It is perhaps in part due to those struggles that both companies have essentially gone dark in federal courts as of late.

In recent years, the vast majority of the U.S. lawsuits were filed by two adult entertainment companies; Strike 3 Holdings and Malibu Media. Together, they filed over 3,300 new cases last year, which was an all-time record. Initially, it appeared that they would continue on the same course this year. During the summer we reported that Strike 3 alone had already filed over a thousand new complaints. However, in recent months that changed drastically.Looking through the federal court records we noticed that there was a notable absence of new cases from both Strike 3 Holdings and Malibu Media. Instead of filing hundreds of new cases, both companies haven’t been active for weeks. Strike 3 filed its latest complaint in early August, more than four months ago. Malibu Media had its latest filing spree in August as well and only submitted seven new complaints after that, most recently in October.
This appears to be the full story with Malibu Media. Strike 3 is a different matter, however, as it looks as though the company has made a strategic decision to file its cases in Florida State court rather than federal court. This may have to do with an attempt to avoid precedence in rulings as to the evidence it uses, chiefly the practice of pretending that IP addresses identify people. If that isn't it, it could also be some version of the trick Prenda Law attempted to pull in moving copyright-cases-in-disguise to Florida courts. Essentially, they sue instead with a nod toward the CFAA as a way to enter into discovery, while also naming a bunch of co-conspirators -- rather than defendants -- to the case. All of this as a way to get at IP address and account information for a whole bunch of people in state court, only to turn around and sue those same co-conspirators in federal court. If that is what Strike 3 is doing, it's really dumb because it got Prenda in a bunch of trouble.Either way, the total number of cases filed by these two companies combined, and thereby the number of copyright trolling cases in federal court writ large, have tumbled significantly. This should highlight that speaking out and pushing back on the tactics of these companies can indeed work. Or, at the very least, have an effect.

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posted at: 12:00am on 17-Dec-2019
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Drug Tests Administered By Prison Staff Aren't Much Better Than The Terrible Ones Deployed By Cops

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Faulty drug tests deployed by law enforcement continue to ruin lives. Usually, it's cheap field tests used by officers during traffic stops that turn legal substances into illegal substances, resulting in hefty criminal charges for people who've never used drugs, much less carried them around in their cars.The current faulty drug test debacle isn't likely to generate as much sympathy or result in wide-ranging investigations of drug testing tech. These drug tests are negatively affecting people who are already locked up, which isn't quite as disturbing as minor moving violations escalating into felony drug charges.But it's still disturbing, even if it isn't taking innocent people off the streets. Documents leaked to Gothamist show hundreds of inmates have been subjected to harsher punishments, extended sentences, and loss of privileges thanks to drug tests corrections officials knew were unreliable.

New York state corrections officials believe that approximately 2,000 prisoners were subject to a flawed drug test that produced false positives and led to increased punishment across the state, according to documents obtained by WNYC/Gothamist.The problem may have been caused by a chemical mishap known as "cross reactivity," which can lead to a clean subject falsely appearing to have used drugs, the documents say.Roughly 300 prisoners were affected at the Fishkill Correctional Facility alone, according to a staff memo.
In one case reported by the New York Daily News, an inmate in a drug treatment program saw his time in the New York correctional system turned into a complete nightmare by inaccurate drug tests.
Anthony Cortes was in school at New York’s Willard Correctional Facility’s drug treatment campus in early March when he got called for a routine drug test.[O]fficials told him the test came back positive for Buprenorphine, a medication commonly prescribed to treat opioid addiction. He was booted from Willard’s program, transferred to Five Points Correctional Facility and thrown into solitary confinement. A second drug test in April came back with the same results and more time in isolation.Yet by mid-September — following nearly 200 days in solitary and four and a half months after his scheduled release — officials realized they had made a grave error.
Cortes is now suing the state over its use of faulty drug tests and the deleterious effect it had on his incarceration. Cortes isn't the only one suing over these tests. Courthouse News Service reports a class action lawsuit has been filed on behalf of an unknown number of inmates who have been punished for "failing" faulty drug tests.
[Nazeda] Steele-Warrick, who lives in Queens, filed a federal class action Wednesday against two diagnostic companies whose drug tests she says produced false positives, leading to punishment for inmates who were in fact clean. The 36-year-old former inmate sued Delaware-based Microgenics Corporation, which makes clinical diagnostic products, and Thermo Fisher Scientific, which manufactured the urine-analysis drug tests.
According to Warrick's lawsuit [PDF], the state's Department of Corrections later confirmed the test results jailers used to strip her of privileges were erroneous. But before that happened, this happened:
Individuals assigned to keeplock have limited access to their property, packages, telephones, correspondence, and visitors, and their commissary privileges are suspended, pending a disciplinary determination.Ms. Steele-Warrick felt tremendous shame and humiliation as she was marched away in handcuffs past her peers and friends.Unlike her private room, which had a door she could self-close and open, Ms. Steele-Warrick’s keeplock cell was behind locked and secured steel bars. The room had only a locker, sink, and toilet. It did not have the night stand, radio, or closet that Ms. Steele-Warrick had in her private room. Her meals were delivered through a “feed-up slot” in the bars.Ms. Steele-Warrick did not have access to any of her belongings in her keeplock cell. Her first day there, she could not access her toothbrush, shampoo, or soap. Although she eventually obtained those items, she did not have any of her other personal belongings, including her books or magazines.While Ms. Steele-Warrick was confined in keeplock, correction officers emptied out her private room, searching and cataloguing all of her personal belongings and securing away most of it in storage.A package of food from Ms. Steele-Warrick’s husband arrived while she was in keeplock, and correction officers confiscated all the fresh vegetables and produce, later leaving Ms. Steele-Warrick with only a couple of canned items.
The false positive also had the potential to disrupt Warrick's immigration proceedings, which relied on her being able to demonstrate she was not dangerous person in order to continue living with her family. It also caused her to be cut off from her family when her visitation rights were revoked.This isn't new and this isn't limited to New York. Prisoners in Washington have filed enough complaints the Department of Corrections is finally allowing challenged test results to be retested. And in 2013, New York's top court gave a probationer permission to sue drug testing equipment manufacturers directly for the faulty drug test that resulted in the revocation of his release.Meanwhile, drug testing equipment aimed at visitors to correctional facilities are generating false positives that punish both inmates and their families.
The ion scanners devices are designed to detect trace amounts of particles. Correctional Service Canada has placed these devices in the lobbies and mailrooms of some of its prisons in a bid to reduce the flow of drugs into its facilities.The devices are extremely sensitive, and MOMS [Mothers Offering Mutual Support] says in its petition that the scanners set off false positive readings at an "alarming" rate.Anne Cattral, whose son is incarcerated at Ontario's Warkworth Institution, said she has lost count of the times she has tested positive for morphine, hash, opium and heroin. She follows a rigorous regime of washing, cleansing coins and jewelry and driving with plastic gloves before visiting the prison to limit the chances of a false reading.Cattral said a positive test can lead to the visit being denied. It is also recorded on an offender's file, affecting future private family visits, transfers, and parole, she said.
It may well be the country's correctional services know they're working with unreliable equipment. But the best kind of deniability is the plausible kind.
[CSC spokesperson Esther Mailhot] said CSC does not collect data on false positives in testing.
Yeah. You don't want to be doing that. That only helps litigants suing the CSC and does nothing at all for CSC officials who don't like to be sued.It's your word against theirs (the government's) out in the free world. Once you're incarcerated, you pretty much don't even have your word any more. If someone convicted on drug charges tests positive for drugs, everyone just assumes everything is working correctly, even if it actually isn't. Maybe these lawsuits will alter this assumption just a tiny bit.

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posted at: 12:00am on 17-Dec-2019
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