The Wired blog 27B Stroke 6 is carrying the news that the US has filed a motion to drop the case the ACLU won in lower court against the government's warrantless wiretapping program. The government's appeal of that ruling will be heard on Wednesday, January 31 in front of the Sixth Circuit court of appeals. The feds argue that the case is now moot because they are now obtaining warrants from the FISA court, and furthermore President Bush did not renew the warrantless program. Turns out there's a Supreme Court precedent saying that if you were doing something illegal, get taken to court, and then stop the illegal activity, you're not off the hook. The feds argue in their petition that this precedent does not apply to them. Here is the government's filing (PDF).

Reader tqft tipped us to an opinion piece on the UK site The Guardian, which lays out the reasons why article writer Seth Finkelstein feels the .XXX domain is a terrible idea. You may recall that last year (being an election year and all), the concept of a triple-X ghetto was revived, considered, and then quashed all in the space of a few months. We also recently discussed the fact that the idea just won't die, as the company ICM Registry pushes ICANN to allow them to pass out the names by Summer. Finkelstein primarily argues that the new domain is a bad idea from a business point of view. Ignoring for a moment the issue that much of this content is already labeled, he sees this as primarily a means for ICM Registry to gain a monopoly on what is sure to be a hot-selling product. Speculators, pornographers, and above-board companies will all jump on the namespace in an effort to ensure that their domain is represented ... or not, as the case may be. Where do you fall on this issue? Would a .XXX domain be helpful for parents, or just a political salve/moneymaking scam?

reporter writes "According to a front-page story by The Guardian, British authorities have identified Andrei Lugovoi to be the murderer who used radioactive pollonium-210 to kill Andrei Litvinenko. The British government will ask Moscow to extradite Lugovoi. The Guardian states: 'Associates of the dead man have repeatedly accused President Vladimir Putin's government of being behind his murder, a claim the Kremlin rejects. While it is known that detectives believe they have uncovered evidence pointing to Mr Lugovoi's involvement, it is not clear whether they have established a motive for the murder'"

XenoPhage writes "Yet again, Diebold has shown their security prowess. This time they posted, on their website, a picture of the actual key used to open all of their Diebold voting machines. Ross Kinard of Sploitcast crafted three keys based on this photo. Amazingly enough, two of the three keys successfully opened one of the voting machines. But fear not, Diebold has removed the offending picture, replacing it with a picture of their digital card key. Take that, hackers!"

An anonymous reader writes "Copyfighting law professor Michael Geist, who previously uncovered financial links between recording industry lobbyists and Canada's Minister of Canadian Heritage Bev Oda (who is responsible for copyright policy), has now identified what big cash donations will get you. He reports that Oda met with the President of the Canadian Recording Industry Association on a monthly basis last year just as the government was preparing copyright reform legislation and Canadian artists were calling for an end to P2P lawsuits. Is it any wonder that Canadians seem likely to lose their fair use rights?"

Sleeping Kirby writes to tell us China's Communist party leader, Hu Jintao today announced the intent to leverage the economic potential of the web while seeking to "purify the internet environment". He proposes to do this by maintaining "the initiative in opinion" on the internet and to "'raise the level guidance on the internet," thus civilizing and purifying the internet environment.

An anonymous reader writes to mention an EToyChest article with a bit of perspective on the departure of Doug Lowenstein from the Entertainment Software Association. Lowenstein, who helped to kickstart the group, was instrumental in the ESA's grown and continued well-being. Now that he's moved on a new gig, the article points out that the industry is in for some changes in the years ahead. From the article: "Doug Lowenstein, a man that Jack Thompson has likened on separate occasions to such delightful despots as Saddam Hussein and Hitler, has been the advocate de jour for the industry since he signed on in 1994. Refusing to directly engage firebrands like Thompson in televised debates, Mr. Lowenstein has a history of picking and choosing his battles. Where Thompson prefers to argue his position in front of cameras, Mr. Lowenstein fought his battles quietly, but persistently. Under his guidance, the game industry has undergone its biggest transformation; it's now expected to gross in the area of $12 billion worldwide, more than four times the business it was doing when he signed on. While one would hesitate to give Mr. Lowenstein credit for the industry's success, his steady hand has been instrumental in sidestepping many of the media landmines that we've come across on the way. "

spiedrazer writes "In yet another attempt to create legitimacy for the Bush Administration's many questionable legal practices, US attorney General Alberto Gonzales actually had the audacity to argue before a Congressional committee that the US Constitution doesn't explicitly bestow habeas corpus rights on US citizens. In his view it merely says when the so-called Great Writ can be suspended, but that doesn't necessarily mean that the rights are granted. The Attorney General was being questioned by Sen. Arlen Specter at a Senate Judiciary Committee hearing on Jan. 18. THe MSM are not covering this story but Colbert is (click on the fourth video down, 'Exact Words')." From the Baltimore Chronicle and Sentinel commentary: "While Gonzales's statement has a measure of quibbling precision to it, his logic is troubling because it would suggest that many other fundamental rights that Americans hold dear (such as free speech, freedom of religion, and the right to assemble peacefully) also don't exist because the Constitution often spells out those rights in the negative. It boggles the mind the lengths this administration will go to to systematically erode the rights and privileges we have all counted on and held up as the granite pillars of our society since our nation was founded."

ICantFindADecentNick writes "The Register carries a report on the defeat of Section 220 of the reform bill (the grassroots provision). In an all-too-familiar scene, bloggers, Slashdot readers and several news outlets were taken in by the hype surrounding a provision in the Senate ethics reform bill that would have required grassroots lobbying firms to register with the US Congress. To be fair, some commenters did see through the deception but the campaign, organized by Richard Viguerie, still succeeded. From the article: 'Viguerie, for those not familiar with the tarnished panoply of backroom players in American politics, pioneered the use of direct mail techniques for conservative causes, and has been called the "funding father" of the modern conservative movement. His ad agency currently handles direct mail campaigns for non-profits seeking to stimulate grassroots activity or raise funds from the general public.'" This is, of course, The Register. Still interesting to look back at the news from another point of view.

a_nonamiss writes "Doesn't look like Sirius and XM are going to merge any time soon. I'm not sure how I feel about this one. Logically, I know that competition is a good thing for consumers, and monopolies are generally only good for companies. Still, I don't like having to choose a car based on which satellite radio service comes pre-installed, or considering whether I'd rather have Howard Stern or Oprah, because there is no practical way to get both. Frankly, it's probably all this exclusivity that has caused me not to purchase either system." From the article: "Federal Communications Commission Chairman Kevin Martin told reporters after an FCC meeting that the Commission would not approve a merger between satellite radio rivals Sirius and XM Radio... When the FCC initially licensed the two satellite radio companies in 1997, there was language in the licensing barring one from acquiring control of the other... Even if the FCC were to have a change of heart..., it would still have to pass antitrust scrutiny by the Department of Justice."

CmdrGravy writes "The British Police have hacked into Government computers as part of the on-going 'cash for peerages' investigation. They've uncovered evidence which has, so far, led to one arrest and charge of perverting the course of justice for a leading Labour party figure. This charge carries a potential life sentence. The British police have the power to hack into computer systems as part of an investigation. On previous occasions they have said they did not believe the government was providing them with the information they had been asking for and had warned that they would seek other methods to gather evidence. The police won't say what tools they have used. From the article: 'The investigators did not have to notify No 10 if they were "hacking" into its system. One legal expert said: "In some cases, a senior officer can give permission. In other cases, you might need the authorization of an independent commissioner, who is usually a retired judge appointed by the Home Office."'"

The Akron Beacon Journal is reporting that the trial of the three election workers accused of rigging the 2004 presidential election recount in Cuyahoga County is finally underway. As you may recall, this was the case where poll workers 'randomly' selected the precincts to recount by first eliminating from consideration precincts where the number of ballots handed out on Election Day failed to match the number of ballots cast and, then opening the ballot boxes in private and pre-counting until they found cases which would match up. What is interesting here is that they have already admitted doing this and that it was clearly counter to the letter and the spirit of the law, but still insist it wasn't really 'wrong,' presumably since they only did it to avoid having to go to the bother of a full recount as required by law.

InternetVoting writes "In a clear counter to the recent criticisms of secrecy involving Ciber labs the National Institute of Standards and Technology (NIST) has issued recommendations (pdf) to the Election Assistance Commission (EAC). NIST recommends the accreditation of two labs, iBeta Quality Assurance and SysTest Labs. The recommendation, emphasizing the need for transparency, includes on-site assessment reports, lab responses, and on-site reviews for each lab. These reports shed much needed light into the process of voting machine certification. Learn more from the Q&As About NIST Evaluation of Laboratories that Test Voting Systems."

Lawrence Person writes "The attempt to require political bloggers to register as lobbyists previously reported by Slashdot has been stripped out of the lobbying reform bill. The vote was 55 to 43 to defeat the provision. All 48 Republicans, as well as 7 Democrats, voted against requiring bloggers to register; all 43 votes in favor of keeping the registration provision were by Democrats."

A New York law introduced by Representative Keith Wright seeks just that, a section for gaming stores that keeps 'violent games' under lock and key, and is accessible only to people over 30. The law is one of two poorly-thought pieces of legislation being considered by New York state's legal system. From the 1up article: "The history of the courts striking down such legislation goes just about as far back as politicians who attempt to bolster their own image by capitalizing on the public fear and hysteria over the bogeyman of video gaming. It's interesting to note that recently, courts have begun penalizing entities who purposely waste their time with attempts at passing frivolous and unconstitutional anti-videogame legislation. You'd think might deter motions like [these] somewhat, wouldn't you?" Update: 01/19 04:10 GMT by Z : As ahecht points out in the comments 1up has things wrong here. There is only one bill, and it restricts violent games from being sold to those under 18 only. Line 5 of the bill's text is the section in question.

An anonymous reader writes "The WIPO is currently engaged in negotiating a new treaty on digital IP rights, but they're having trouble agreeing on the particulars. Though the world of YouTube and podcasts seems like a place that 'requires' laws, the WIPO seems confused about what to do about it. From the article: 'The proliferation of low cost video cameras and editing software, higher bandwidth cable, satellite and Internet connections, are creating a highly diverse and dynamic environment for creating, distributing, redistributing and remixing information. To this exciting world the UN's specialized agency for intellectual property wants to impose a new legal regime. The problem is, no one here has a clue what the legal regime should look like.' The U.S. is also pushing for reviving a 1962 treaty (never ratified) that would give the large cable distributors (like Discovery, Sci-fi, Spike, etc) ownership of even public domain content if they carry it. This would be in addition to any rights normally afforded the distributors. "

SiggyRadiation writes "According to their newsletter (my English translation here), the Dutch group that 'doesn't trust the voting computers' has won a round against the industry and the civil servants that seem hell-bent on reintroducing voting machines — NewVote, made by SDU — that the Dutch minister of the interior has suspended. Apparently SDU provided 5 slightly different samples of its machine to the Dutch version of the NSA (well... the very humble Dutch version anyway) for testing purposes. Of those five, four machines emitted radiation in such a way that the votes cast could be monitored. SDU's NewVote received its final deathblow when it became clear that the one machine that stayed within the radiation limits used a green-on-red color-scheme for its screen. And that would be a small problem for the 4% of all men that cannot distinguish between red and green."

Slashback tonight brings some clarifications and updates to previous Slashdot stories, including: anti-Net-neutrality article modified; no bugged Canadian coins; a tech program for women in Silicon Valley; Pirate Bay and Sealand; and Microsoft evangelist apologizes for "pawns" comment. Read on for details.

covert.c writes "A real-life drama in the political world has spilled over into the virtual, as the Second Life headquarters of France's controversial Front National political party fell to violent protesters. The anti-FN activists, who had armed themselves with slogans, placards and weapons, leveled the digital buildings occupied by Front National. Second Life is often home to established political and social movements. It seems logical that opposing forces would also choose to make SL their stage."

FredDC writes "Germany is seeking support among other European countries to ban violent videogames during its EU Presidency, according to Infoworld. In an initiative led by Franco Frattini, the European Justice commissioner, Germany is pushing for restrictions on the sale of games with violent content of any kind, from Half-Life to Star Trek . In the eyes of the EU, gaming and real-world violence is 'linked', and steps should be taken to prevent the purchase of these games by younger people. From the article: 'The German government said it will conduct a study of all the different national rules concerning video games, with a view to setting Union-wide norms. Its initiative makes the prospect of a ban much more likely. Video game violence became a hot political issue in Germany at the end of last year when 18-year-old Sebastian Bosse shot up a high school in Emsdetten, Germany, injuring 37 before fatally turning the gun on himself. Police said Bosse spent most of his waking hours playing Counter-Strike.'" This, just days after two Final Fantasy VII fans were arrested in connection with a series of killings.