Tuesday, May 13, 2003

Jurors' web-surfing is a problem Before the Internet arose, judges would caution jurors not to read about the case in the newspaper. But most trials weren't covered by newspapers so this really wasn't a problem; and in the high-profile cases that were likely to be covered by the press the jurors were usually sequestered for the duration of the trial. In the world of the Internet, we are learning that mere admonishments may not do the trick. Or another way of looking at it is that perhaps the judicial admonishment never really worked; it was the fact that the information was not so easily available that kept jurors from doing independent research. So, here again we have one of those situations with the Internet where it is completely changing a previously closed world, showering it with the possibility of easy access to information, and thereby disrupting the way it operates. How long will it take the legal system to see the fundamental impossiblilty of limiting juror access to the Internet? Probably a long time.[Ernie the Attorney] The test for a fair and impartial trial must be redefined in an increasingly wired world. Changes of venue are already on the decline... 12:22:40 PM

Accessibility Blog Macromedia's Bob Regan now has a blog on the subject of accessibility. If you're interested in Section 508 / Accessibility, you should subscribe to this new blog.... [An Architect's View] Paulette may be interested in this from a legal perspective. 12:09:46 PM

Does GPS tracking require a warrant? The Seattle PI has a story about William Bradley Jackson, who was convicted partially on evidence that was collected by a GPS tracking device police had attached to his vehicle. The Washington State Supreme Court is set to decide whether police agencies throughout the state may use the device freely -- without a warrant. The Jackson case is the first in the state dealing with the issue. [Smart Mobs] Wow, what a great legal question! Can they simply follow him around without a warrant? Can they automate that without a warrant? What is the expectation of privacy when traveling in public property? 11:50:49 AM