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Daily Archives: June 9, 2017
The Right Way to Protect Free Speech on Campus – Wall Street Journal (subscription)
Posted: June 9, 2017 at 1:03 pm
The Right Way to Protect Free Speech on Campus Wall Street Journal (subscription) In my inaugural address as the new president of Middlebury College a year and a half ago, I spoke of my hope to create a robust public square on campus. I said that I wanted Middlebury to be a community whose members engage in reasoned, thoughtful ... |
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The Right Way to Protect Free Speech on Campus - Wall Street Journal (subscription)
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Myanmar Journalists Take Fight for Freedom of Speech to Court – Voice of America
Posted: at 1:03 pm
YANGON, MYANMAR
More than 100 reporters in Myanmar are preparing to protest against laws seen as curbing free speech when two senior journalists go on trial on Thursday, after the military sued them for defamation over an article in a satirical journal.
The rare campaign, in which journalists will wear armbands reading "Freedom of the Press," underscores growing public unease at the laws, after the courts recently took up a raft of similar cases.
Despite pressure from human rights bodies and Western diplomats, the government of Aung San Suu Kyi has retained a broadly worded law that prohibits use of the telecom networks to "extort, threaten, obstruct, defame, disturb, inappropriately influence or intimidate."
The law was adopted by the semi-civilian administration of former generals led by former president Thein Sein which navigated Myanmar's opening to the outside world from 2011 to 2016.
Arrests of social media users whose posts are deemed distasteful have continued under the administration of Nobel Peace Prize winner Aung San Suu Kyi.
These include the case that sparked the protest, after the chief editor and a columnist of the Voice, one of Myanmar's largest dailies, were arrested for publishing its take on a film on the army's fight with ethnic rebels.
Myanmar journalists have urged authorities to release the reporters and have set up a Protection Committee for Myanmar Journalists.
"The 66 (d) law should be terminated, because the government and the military have used it to cause trouble for the media and the people," said Thar Lon Zaung Htet, a former editor of the domestic Irrawaddy journal who organized the meeting, referring to a controversial clause in the telecoms law.
He said the journalists would gather in front of the court and march to the Voice office wearing the armbands. The panel will also gather signatures for a petition to abolish the law, to be sent to Aung San Suu Kyi's office, the army chief and parliament.
Other recent cases include last weekend's arrest of a man publicly accusing an assistant of Yangon's chief minister, Phyo Min Thein, of corruption, and charges against several people over a student play critical of the military.
Phyo Min Thein's assistant has rejected the accusations in a subsequent media interview.
Besides repressive laws, journalists often face threats and intimidation in Myanmar. One recently received threats after speaking out against nationalist Buddhists. In December, a reporter covering illegal logging and crime in the rugged northwest was beaten to death.
"This law is totally against human rights," said Tun Tun Oo, a land rights activists who was charged for live-streaming the student play via his Facebook account. "The government should think about terminating it as it restores democracy and we will fight until the law is abolished.
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What Is the Future of NATO? – The National Interest Online
Posted: at 1:00 pm
What is the future of NATO? How significant is the debate over Article V? What policy should Washington adopt towards Ukraine? Will the German Bundeswehr play an increasingly important role in coming years? Does the American nuclear force need to be modernized or is the cost simply prohibitive?
Philip M. Breedlove, a retired four-star General in the United States Air Force and former Supreme Allied Commander of NATO, visited the National Interest to discuss some of the most pressing questions facing America and its allies. Currently, Breedlove is Distinguished Professor at the Sam Nunn school at Georgia Tech. A forceful and cogent speaker, Breedlove is intimately familiar with Russia and Europe. He is keenly attuned to the threat of cyberwarfare and was himself the victim of a successful hack that posted a number of his emails, some of which discussed Obama administration policy, on a site called DC Leaks.
In February 2016, Breedlove told the House Armed Services Committee that the U.S. military must rebuild in Europe to face a more aggressive Russia, which has chosen to be an adversary and poses a long-term existential threat to the United States. In this interview, Breedlove makes it clear that he is bullish on the future of NATO and is very familiar with the German defense establishment, including officials such as defense minister Ursula van der Leyen. Above all, he is emphatic about the need to modernize America's nuclear forces, noting that other countries such as Russia are moving ahead in improving their arsenals.
Jacob Heilbrunn is editor of the National Interest.
Image: U.S. Department of Defense.
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Dems to Trump: Endorse NATO’s Article 5 now – The Hill
Posted: at 1:00 pm
Seven Democrats on the House Armed Services Committee are calling on President Trump to explicitly endorse NATOs mutual defense clause after he declined to do so during a speech last month.
We call on you to commit explicitly to Article 5 of the North Atlantic Treaty, the Democrats wrote in a letter to Trump released Friday.
It is not enough to speak to our NATO allies generally of the commitments that bind us together as one or note that we will never forsake the friends who stood by our side. Each president since the treatys signing has endorsed Article 5, and we call on you to do the same.
The letter was organized by the Armed Service Committee's ranking member, Rep. Adam SmithAdam SmithDems to Trump: Endorse NATO's Article 5 now Overnight Cybersecurity: Comey delivers dramatic testimony | Key takeaways from former FBI chief's account | Lawmakers want more oversight of cyber ops | Russia sanctions push gains steam Democrats a party in search of an agenda MORE (Wash.), and co-signed by Democratic Reps. Joe Courtney (Conn.), Niki Tsongas (Mass.), Beto ORourke (Texas), Ruben Gallego (Ariz.), Seth Moulton (Mass.) and Stephanie Murphy (Fla.).
Trump attended his first NATO meeting May 25. During his speech, Trump scolded allies as not paying enough for their defense. He also did not explicitly endorse Article 5, which says an attack on one ally is an attack on all, despite such an affirmation reportedly being part of his written speech.
The omission was even more glaring because his speech was delivered at the dedication of a memorial to the only time NATO have ever invoked Article 5 after the Sept. 11, 2001, terrorist attacks on the United States.
Still, Trump said in the speech that the memorial is a reminder of what forever endures, including the commitments that bind us together as one.
We will never forsake the friends who stood by our side, he added.
Top administration officials, including Vice President Pence, have since said the United States is committed to Article 5.
In their letter, the Democrats said thats not good enough.
While it is important that senior officials such as the vice president, secretary of State and secretary of Defense reiterate that commitment, explicit endorsement and the absence of an endorsement by our commander in chief has meaning, they wrote.
Trumps silence, they wrote, could be spun into a dangerous narrative about U.S. commitment in the event of an attack, helping U.S. adversaries.
Your explicit and immediate endorsement of Article 5 is a national security imperative, they concluded. The European security environment has significantly evolved, and deterring Russian aggression is as important now as it has ever been.
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Editorial: Speak Up, Pay Up On NATO – Aviation Week
Posted: at 1:00 pm
There often is a disconnect between what U.S. President Donald Trump says and what he actually does. Boeing and Lockheed Martin are just fine, thank you, despite Trumps Twitter attacks on the F-35 and Air Force One procurements. And the president has toned down his rhetoric on China after warnings from Boeing and others that a trade war with Beijing could put many U.S. aerospace jobs at risk.
But sometimes it is what Trump does not say that can be alarming. We were dismayed when, during a speech to NATO leaders in Brussels last month, the president failed to reaffirm the alliances collective-defense clause, which stipulates that an attack on one member is an attack on all. Shortly afterward, German Chancellor Angela Merkel proclaimed that Europe could no longer rely on the U.S. and should prepare to go it alone.
But fears that the 68-year-old alliance might be cracking up, a prospect that must delight Russian President Vladimir Putin, are overblown. The economic ties and shared values of the U.S. and Europedemocracy, rule of law, human rightsare too strong to be shredded by political bickering. Vice President Mike Pence said as much in a June 5 address to the Atlantic Council, declaring that the U.S. commitment to the 28-member alliance is unwavering and that an attack on one of us is an attack on all of us.
While NATO helps protect Europe from a meddlesome Russia to its east and chaos sown by Islamic extremists to its south, it also benefits the U.S. Bases in Europe serve as forward platforms to deploy American forces, and military alliances enable Washington to project power around the globe. Soldiers from places such as the UK, Denmark and Estonia have served in Afghanistan and sustained casualties in the fights against the Taliban and Al Qaeda.
We wholeheartedly agree with Trump that most NATO members need to spend more on defense. Airbus Group CEO Tom Enders has noted that the UK and France were unable to manage limited military operations over Libya without massive U.S. support. While European military budgets are rising, and a move toward efficiency with the new EU Defense Fund is encouraging, most NATO members have a long way to go to meet an agreed goal of spending at least 2% of GDP on defense by 2024. Germanys share stands at just 1.2%, compared to 3.5% for the U.S.
It would help, however, if Trump acknowledged that a strong and unified NATO aligns with U.S. interests. Publicly echoing Pences commitment to the alliance would be a good start. As leader of the free world, he must realize words do matter.
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NATO – News: Flag-raising ceremony marks Montenegro’s entry into … – NATO HQ (press release)
Posted: at 1:00 pm
The flag of Montenegro was raised at NATO Headquarters on Wednesday (7 June 2017) in a special ceremony to mark the countrys accession to NATO. Flag raising ceremonies were also held simultaneously at Allied Command Operations (SHAPE) in Mons and Allied Command Transformation in Norfolk, Virginia. Montenegro became the 29th member of the Alliance on Monday (5 June 2017) when it deposited its instrument of accession to the North Atlantic Treaty with the US State Department in Washington DC.
Standing alongside President Filip Vujanovi of Montenegro, Secretary General Jens Stoltenberg said, We value Montenegro, and recognise the unique contribution you make to the Alliance. The Secretary General also commended Montenegros commitment to Euro-Atlantic integration and congratulated the Montenegrin government and people for their achievements in the 11 years since the country regained independence.
Allied foreign ministers signed Montenegro's Accession Protocol in May 2016, after which all 28 national parliaments voted to ratify its membership. Montenegros accession represents NATO's first enlargement since 1 April 2009, when Albania and Croatia joined the Alliance.
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Feds Arrest NSA Contractor in Leak of Top Secret Russia …
Posted: at 1:00 pm
Barely an hour after a news organization published an article about a top-secret National Security Agency document on Russian hacking, the Justice Department announced charges against a 25-year-old government contractor who a senior federal official says was the leaker of the document.
The May 5, 2017, intelligence document published by The Intercept, an online news organization, describes new details about Russian efforts to hack voting systems in the U.S. a week prior to the 2016 presidential election. While the document doesnt say the hacking changed any votes, it "raises the possibility that Russian hacking may have breached at least some elements of the voting system, with disconcertingly uncertain results."
Even as the document was ricocheting around Washington, the Justice Department announced that a criminal complaint was filed in the Southern District of Georgia, charging Reality Leigh Winner, 25, a federal contractor, with removing classified material from a government facility and mailing it to a news outlet.
The complaint did not link the charges with the story, but a senior federal official confirmed to NBC News that Winner is the accused leaker of the document published by the Intercept. The NSA has a large facility in Georgia.
The complaint says she admitted to printing out the document and mailing it to the news outlet.
It adds that the government found evidence that Winner "had email contact" with the news outlet, and that Winner was one of just six individuals who had viewed the intelligence reporting since the U.S. government published it internally.
Related: NSA Leak Mystery Not Solved With Arrest of Hal Martin
She was arrested by the FBI at her home Saturday, according to a senior federal official. She faces a single charge of "gathering, transmitting or losing defense information."
Winner is a contractor with Pluribus International Corporation, authorities said. She had been employed at the facility since on or about February 13, and held a Top Secret clearance.
Her attorney, Titus Thomas Nichols, told NBC News that his client is "looking forward to putting this behind her," and has no prior criminal history.
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5 Unanswered Questions Raised By The Leaked NSA Hacking …
Posted: at 1:00 pm
Here are 5 questions that were raised by the leaked NSA hacking report and the ongoing threat that national security officials say Russia poses to the integrity of American elections. Patrick Semansky/AP hide caption
Here are 5 questions that were raised by the leaked NSA hacking report and the ongoing threat that national security officials say Russia poses to the integrity of American elections.
America's sprawling elections infrastructure has been called "a hairball" but as people in Silicon Valley might ask, is that a feature or a bug?
Then-FBI Director James Comey touted it as a good thing "the beauty of our system," he told Congress, is that the "hairball" is too vast, unconnected and woolly to be hacked from the outside.
That was before Monday's leak of a top secret National Security Agency report about a Russian election cyberattack. What that document confirms is that if the whole is safe, its many individual parts may not be.
The NSA report, posted by The Intercept, documents a scheme by Russia's military intelligence agency, the GRU, to compromise the systems of a Florida elections services company then use that access to explore local voting registration records.
"It is unknown whether the aforementioned spear-phishing deployment successfully compromised the intended victims, and what potential data could have been accessed by the cyber actor," as one NSA analyst wrote in the report.
Here are 5 other questions that remain unknown about this story and the ongoing threat that national security officials say Russia poses to the integrity of American elections.
1. How widespread are these attacks?
The Department of Homeland Security and U.S. intelligence leaders have said generally that voter registration rolls were a pet target of Russian cyberattackers, but that Russia didn't change any votes. The American leaders also have warned, however, that they expect the Russian mischief to continue in the 2018 and 2020 election cycles. If the GRU continues operations like this elsewhere, how much better of an understanding will it have of local elections officials and their vendors next year or beyond?
Elections systems analysts tell NPR that although electronic voting machines are not connected to the public Internet, the computers that update their firmware are, or the ones that program them at the factory. It isn't clear what's practically possible in this realm in terms of hacking or compromising those systems; Comey told members of Congress that Russia has attempted to tamper with votes "in other countries," but the details aren't clear.
Even with the redactions, The Intercept made at the request of the NSA to protect some of its key secrets, there are tantalizing details about the extent of the GRU mischief. One note makes clear that this so-called "spear-phishing" campaign was separate from another major program known within secret circles though the name of that is blacked out.
Another mention in the NSA report suggests that two-factor authentication the popular system in which Gmail, for example, sends users a text message with a code they must enter along with a password in order to log in is not a failsafe security feature. The GRU hackers were able to use fake websites that used real Google verification codes to gain access to victims' accounts.
2. Can the federal government do more?
Then-DHS Secretary Jeh Johnson said last year that the federal government was offering help across the board to local elections officials to be aware of the Russian cyber-mischief. And Comey told the Senate Intelligence Committee last month that the government continued to provide information about the ongoing threat.
"Two things we can do, and that we are doing, both in the United States and with our allies, is telling the people responsible for protecting the election infrastructure in the United States everything we know about how the Russians and others try to attack those systems," Comey said. "How they might come at it, what [Internet protocol] addresses they might use, what phishing techniques they might use."
That may have been one eventual goal for the NSA report posted on Monday it could have been the top secret original from which DHS or other agencies might have created unclassified advisories to send out to states.
But is it enough just to share information about such a sophisticated adversary? Local vendors and state officials don't have vast IT resources or sophisticated counterintelligence to help defend themselves against state-actor adversaries. And states "pushed back" against Johnson when he offered help last year, as former Director of National Intelligence James Clapper told Congress they rejected what he called "federal interference."
Clapper said he believed Congress should designate the national election apparatus "critical infrastructure," the way the U.S. has labeled 16 other "sectors," including the American chemical industry, dams, the power grid and others. That could get very complicated, however, and it would take time and cost money.
3. Why do these leaks keep happening?
The Justice Department has charged a U.S. intelligence community contractor, Reality Winner, with allegedly leaking the NSA report to The Intercept. According to court documents, when the news site's correspondents asked the NSA's public affairs office to verify the report, that enabled the FBI to narrow down who had access to it and pinpoint Winner.
From the perspective of NSA leaders, that's a partial success story: they plugged a leak quickly instead of having it turn into a gusher. But at the same time Winner's case is just the latest example of a contractor on the outer periphery of a spy agency hazarding closely held secrets.
Last month, tens of thousands of sensitive files connected to the National Geospatial-Intelligence Agency were left on a publicly accessible Amazon server by an engineer with contractor Booz Allen Hamilton. Last year, an NSA contractor also with Booz Allen was charged with hoarding a "breathtaking" amount of sensitive material. And before that, NSA contractor Edward Snowen took huge amounts of secret information about the U.S. intelligence community and the military.
Agency bosses, now led by Director of National Intelligence Dan Coats, say they've focused intensely on what they call the "insider threat" since the Snowden days, and the intelligence community now has a task force dedicated to helping snuff it out.
The question that Winner's case again raises is how secure Coats and agency leaders can make a constellation of 17 separate agencies that each has its own wider network of contractors who support it.
4. Why can't the U.S. stop these cyberattacks?
Then-CIA Director John Brennan called his counterpart in Russia last year to read him the riot act: "I said that all Americans, regardless of political affiliation or whom they might support in the election, cherish their ability to elect their own leaders without outside interference or disruption," Brennan told the Senate last month. "I said American voters would be outraged by any Russian attempt to interfere in the election."
But Alexander Bortnikov, the head of Russia's FSB intelligence agency the successor to the infamous KGB claimed he didn't know anything about any election meddling. In Brennan's telling, he promised he'd relay the details of the phone conversation to Russian President Vladimir Putin.
President Barack Obama also is believed to have warned Putin to knock off the interference with no result. The NSA report posted on Monday describes a cyberattack that lasted until just before Election Day in November, well after the U.S. announced publicly that Russia had been responsible for campaign mischief.
U.S. intelligence officials said at the time that they believed so-called "attribution" was a powerful weapon. The FBI later issued indictments for Russian intelligence officers and others involved with the meddling, making public how much information Americans have about what's taking place behind the scenes.
None of it, however, appears to have made a difference. Coats, Comey, Brennan and other leaders continue to warn that Russian cyber-mischief proceeds, that Moscow considers it successful and that it could ramp up again in the 2018 midterm and 2020 presidential elections. One political scientist told NPR the world of foreign meddling is "the new normal."
Is that so, or can the U.S. government do more launch cyberattacks of its own, impose further restrictions on Russia or take some other step to impose greater costs on the Russians?
5. Will this change Trump's tune?
"As far as hacking, I think it was Russia," then-President-elect Trump said at a news conference before Inauguration Day.
Since then, however, he's dismissed the election-meddling story as an excuse created by Democrats to cover up Hillary Clinton's loss, or opined that cyberspace is so complicated that no one could ever know for certain who might have been behind it. Russian President Vladimir Putin made the same point over the weekend to NBC News' Megyn Kelly.
The NSA report leaked on Monday, however, shows that, in fact, American intelligence officers have a highly detailed technical understanding about how much of Russia's hacking operation works. They attribute the scheme without hesitation to the GRU and talk in detail about the software and other tools used to try to compromise the victims' computers.
It was one thing for the intelligence community to conclude that Russia had interfered and not explain how it knew. Now there are more clues in the open about how it knows. And the report, completed in May, shows that its analysis continues about the ways Russia's intelligence agencies attacked the U.S during the 2016 cycle.
Trump rejects any notion that his campaign aides might have colluded with the Russian operatives who meddled in the election, but does the emergence of this NSA document make it tougher for him to continue to question whether it even happened?
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Rosie O’Donnell Gives Large Sum Of Money To NSA Leaker – The Daily Caller
Posted: at 1:00 pm
Rosie ODonnell donated a $1,000 to Reality Winner, the woman who has been charged with stealing and leaking Top Secret documents from the NSA.
On Thursday, the 55-year-old comedian shared on Twitter that she had made the donation on a crowd sourcing site set up for Winner, who was indicted on Monday after she allegedly stole classified documents from her employer about Russians trying to interfere into the 2016 election and gave them to The Intercept.(RELATED:Rosie ODonnell Calls For Trump To Be Arrested)
Rosie ODonnell speaks at a protest rally organized by activists against U.S. President Donald Trump outside the White House in Washington February 28, 2017. REUTERS/James Lawler Duggan
gofundme.com/2d9rnm64 i support reality winner speak truth to power #resist #womenUNITE https://twitter.com/JohnEdwardsAJC/status/872768212190076929 , ODonnell tweeted Thursday along with a link to the GoFundMe page.(RELATED:Rosie ODonnell Shifts From Calling Trump An Orange Anus To Serious Prayer)
She also confirmed that the large donation on the site that read from Rosie ODonnell was in fact from her.
@JohnEdwardsAJC it is accurate i would love to talk to the mother and offer any help, she added.
In one post she even referred to Winner as a brave young patriot.
According to the information on the page, contributions are to help Winner deal with the loss of employment and counseling she will need due to this traumatic experience.
These funds will be able to assist with loss of wages, counseling from this traumatic experience and tobe able to recover from this as Reality & her family rebuilds theirlives, a statement on the site read. Possible expenses for travel for the family and anything they might need to help them through these troubled times.
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Judge Won’t Budge on His Order in Waymo v. Uber Trade Secrets Case – Courthouse News Service
Posted: at 1:00 pm
SAN FRANCISCO (CN) A federal judge Wednesday was unmoved by accusations that hed forced Uber to fire its star engineer Anthony Levandowski for refusing to deliver evidence that could prove Levandowski and Uber stole trade secrets from its driverless car rival Waymo.
The accusation came from Levandowskis attorneys at a hearing on his motion to intervene in Waymos lawsuit, accusing him and Uber of stealing its technology to build a competing self-driving car.
Levandowski sought to interveneto request modifications to a May 15 provisional relief order from U.S. District Judge William Alsup, to clarify that Alsup had not ordered Uber to fire him if he refused to waive his Fifth Amendment rights and produce key evidence in the case.
Alsup ruled from the bench that Levandowskis May 18 motion is moot, based on assurances from Uber attorney Karen Dunn that Uber fired Levandowski on its own initiative, not based on Alsups order.
Uber told Levandowski in a May 26 letter that it had fired him from his job leading Ubers driverless car program for not cooperating with its internal investigation into Waymos allegations, and announced the firing publicly on May 30.
I issued a very fine-tuned preliminary injunction order and Im not going to take back one word on that, Alsup said Wednesday.
Fearing criminal prosecution, Levandowski invoked his Fifth Amendment rights against self-incrimination to avoid producing documents or answering questions about them at his deposition, a motion Alsup denied.
In his provisional relief order, Alsup directed Uber to make Levandowski return thousands of files he stole from Waymo before resigning to work for Uber, writing that Levandowki had likely concealed troves of self-incriminating evidence by invoking his Fifth Amendment rights. Earlier this week, U.S. Magistrate Judge Jacqueline Scott Corley ruled that a due diligence report purportedly related to the stolen files which both Levandowski and Uber have fought to keep private under attorney-client and work product privilege must be produced.
Waymo, a Google spinoff, says Levandowski downloaded 14,000 confidential files from its server just before he resigned in January 2016 to form a competing driverless car company called Otto, which Uber quickly acquired. The files include information on Waymos secret LiDAR system, a laser-based scanning and mapping technology its driverless cars use to see their surroundings.
Waymo sued Uber and Otto in February, claiming Levandowski used its technology to set up Otto, and that Uber snapped up Otto to get its hands on Waymos technology to fast-track its floundering driverless car program. It did not name Levandowski as a defendant.
On Wednesday, Levandowskis attorney Miles Ehrlich told Alsup that his provisional relief order had forced Levandowski to choose between his job at Uber and waiving his Fifth Amendment rights, because it required Uber and Otto to exercise the full extent of their corporate, employment, contractual, and other authority to force Levandowski to produce the stolen files and tell Uber what he did with them after leaving Waymo.
Levandowski said in his motion that the judges order meant that Uber would be held in contempt had Levandowski refused to waive his Fifth Amendment rights and Uber not fired him, since it would fail to measure up to the courts command that Uber exercise every lawful power it has over Mr. Levandowski.
Ehrlich said Wednesday that Alsups order is an unconstitutional state action that requires correction. He said the state cannot force people to self-incriminate on pain of losing their jobs, but Alsup had forced Levandowski to do so by coercing, or at least providing significant encouragement to Uber to fire him if he did not cooperate.
We are required to addresses the injury that is still ongoing, Ehrlich told Alsup. The injury is not being fired; the injury is being forced by state action to this unconstitutional choice. All of us understood you to be saying that Uber fire every bullet it had against Mr. Levandowski to waive his Fifth Amendment right.
Ehrlich said that Uber had kept Levandowski on as an employee throughout the litigation, had not demanded that he waive his Fifth Amendment rights, and had not threatened to fire him if he refused to do so, until Alsup delivered his order. And that according to Alsup himself, the first of two letters Uber sent to Levandowski about his job status after Alsup issued the order blamed the judge, meaning me, and said the judge is making us do this, were going to fire you unless you cooperate with this investigation.
Responding to Alsups concern about whether Uber fired Levandowski on its own initiative, Uber attorney Dunn told the judge that Uber fired Levandowski because he had ignored an internal deadline Uber set for him to turn over evidence.
It is very hard to look at this entire situation and pretend the court order doesnt exist, Dunn said. The courts order certainly provided substantial additional heft to what we had been urging, and the letters made clear that this has to do with our urging, in addition to the courts order.
Turning to Levandowskis state action argument, Alsup said that though a government employer cannot use the Fifth Amendment to threaten to fire employees who do not cooperate with an investigation, a private employer, like Uber, can.
Sometimes on a preliminary injunction you can order remedial relief that is something that the other side may not be strictly entitled to but is necessary in order to remedy the wrong that has been done. There is broad equitable power to carry out what is the right thing to do, Alsup said. So a federal district court surely has the authority, as part of remedial provisional relief, to order a private company to do something that it would have the authority to do on its own.
The Fifth Amendment is not a bar to the relief granted, and Im not taking back a single word of it, and its not going to be modified in any way.
Also Wednesday, Alsup heard Ubers motions seeking to staythe case while it appeals to the Federal Circuit his denial of its motion to force arbitration, and to dismissWaymos state Unfair Competition Law claim.
Ruling from the bench, Alsup denied the motion to stay, saying a stay would harm Waymo.
But he indicated he would grant Ubers motion to dismiss Waymos unfair competition claim based on Silvaco Data Systems v. Intel Corp. In that case, California trial and appeals courts found that using infringing software is not trade secret infringement.
Uber says Waymos unfair competition claim (UCL) and its California Uniform Trade Secrets Act (CUTSA) claim are based on the same allegations, and that the UCL claim is pre-empted by CUTSA.
I want you to know Im stuck with the Silvaco case, Alsup told Waymo attorney James Judah, though the judge said he believes Silvaco was wrongly decided. Im sympathetic to your position, but youre going to lose your motion.
I feel like youve got to go to the Legislature and get them to fix this, but I cant fix it for you.
Ehrlich is with Ramsey & Ehrlich in Berkeley; Dunn with Boies Schiller Flexner in Washington, D.C.; and Judah with Quinn Emanuel Urquhart & Sullivan in San Francisco.
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Judge Won't Budge on His Order in Waymo v. Uber Trade Secrets Case - Courthouse News Service
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