May 17, 2017 nº 1,866 - Vol. 14





  • Top News

Supreme Court rules power of attorney need not expressly allow arbitration

The US Supreme Court issued an opinion for Kindred Nursing Centers Limited Partnership v. Clark on Monday holding that the Federal Arbitration Act preempts a Kentucky state law that requires a power-of-attorney agreements to expressly grant authority to enter an arbitration agreement. The Kentucky Supreme Court ruled that arbitration agreements signed by legal representatives of nursing home residents were invalid, unless the ability to so sign is specified as a power of the representative, as being against the right to have a jury trial. The Supreme Court, however, found that the FAA "preempts any state rule discriminating on its face against arbitration" and that "hostility to arbitration" is what "led Congress to enact the FAA." Justice Thomas dissented stating that the FAA does not apply to proceedings in state courts and "does not displace a rule that requires express authorization from a principal before an agent may waive the principal's right to a jury trial." (Click here)

Is a president sharing classified information against the law?

The White House is denying allegations that President Trump gave classified information to Russian diplomats in the Oval Office. The Trump administration released several statements from people who attended that meeting, saying the story is false. What can he president do or not do with classified information? If Trump did discuss classified information with the Russian foreign minister as is alleged, what's the problem with that from a governance perspective? Is it illegal? The president controls classified information. The - almost the definition of classified information is material the president wants to protect. So, if the president wants to disclose it, he gets to disclose it. And disclosures that would be a very serious crime if anyone else did them are almost certainly not if the president does them. If the question is, is there a criminal problem here, the answer is almost certainly not. If the question is, is there a governance problem with the president of the United States blowing major intelligence operations by an allied government to an adversary foreign power, the answer is yes. That's a huge problem. And the report in The Washington Post is a kind of breathtaking breach of faith with the men and women of the intelligence community and the American people more generally.

  • Crumbs

1 - Facebook fined 150,000 euros by French data watchdog - click here.

2 - Bangladesh top court upholds war crimes conviction click here.

3 - Uber engineer barred from work on key self-driving car technology click here.

4 - New York county sues Purdue, J&J over opioid marketing - click here.


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  • MiMIC Journal

For China's 'new silk road,' ambitious goals and more than a few challenges

The multibillion-dollar "plan of the century" aims to create a network of trade routes, rail lines, ports and highways, linking countries on four continents. Nearly 70 countries have signed on.

Trade groups appeal to Beijing to postpone cybersecurity law

A coalition of 54 global business groups appealed to Chinese authorities Monday to postpone enforcing a cybersecurity law they warned violates Beijing's free-trade pledges and might harm information security. The appeal by groups from the United States, Japan, Britain and other countries adds to complaints Beijing is improperly limiting access to its markets for technology products, possibly to support its own fledgling suppliers.

China quietly releases draft of tough new intelligence law

China on Tuesday quietly released the first public draft of an intelligence law giving authorities powers to monitor suspects, raid premises, and seize vehicles and devices while investigating domestic and foreign individuals and groups. Xi Jinping has overseen a raft of legislation to bolster national security against threats from both within and outside China. The government gained new powers with a national security law passed in 2014, followed by a raft of measures on counter-terrorism, the management of foreign non-government bodies and cyber security, among other subjects.


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  • Brief News

Supreme Court rules filing clearly expired debts in bankruptcy court not punishable

The Supreme Court of the United States held on Monday that a creditor may seek repayment of a debt even after the statute of limitations period has expired without facing sanctions. The court, in a 5-3 decision, ruled in favor of Midland Funding, a credit management corporation, which was being sued by Aleida Johnson, a resident of Alabama. In 2014 Johnson filed for bankruptcy under Chapter 13 of the Bankruptcy Code. Two months later Midland filed a written statement asserting that Johnson owed Midland credit card debit of $1,879.71. The last activity on the card was more than 10 years before Johnson filed for bankruptcy and well outside of Alabama's six-year statute of limitations, so Johnson sued Midland arguing that it violated a late protecting against unfair debt collection practices. Justice Breyer, delivering the opinion of the court, said that the written statement did not fall within the scope of the Fair Debt Collection Practices Act because it was "not 'false, deceptive, or misleading representation,' or using any 'unfair or unconscionable means' to collect, or attempt to collect, a debt."

Security researchers: North Korea possible source of WannaCry cyber attack

Cybersecurity researchers on Tuesday said they have found evidence that could link North Korea to the recent cyberattack that affected 300,000 computers in 150 countries over the weekend. The so-called WannaCry ransomware has lines of code that are identical to the malware used by a group of hackers called Lazarus that have been connected to North Korea in the past. Lazarus has also been linked to the hacking of Sony Pictures in 2014 and accused of stealing millions of dollars from a Bangladeshi bank in 2016.

Trump asked FBI's Comey to drop Flynn inquiry

Trump asked FBI chief James Comey to drop an inquiry into links between his ex-national security adviser and Russia. "I hope you can let this go," Trump reportedly told Comey after a White House meeting in February, according to a memo written by the ex-FBI director. The memo was written immediately after the meeting, a day after Michael Flynn resigned, according to media reports. The White House has denied the allegation in a statement. The latest Russian twist, first reported by the New York Times, comes a week after Trump fired Comey over his handling of the FBI investigation into Hillary Clinton's use of a private email server while at the state department.

Ruling on E.U. trade deals retains a hurdle for 'Brexit' talks

The European Union’s highest court has affirmed that some aspects of trade agreements need to be ratified by all the bloc's national parliaments.

Move to replace Brazil's indigenous affairs agency Funai

A congressional commission in Brazil led by a powerful farming lobby has recommended dismantling the country's indigenous rights agency, Funai. It said the agency currently run by anthropologists should be replaced with one controlled by the justice ministry. The panel also said about 80 Funai officials should be prosecuted for backing what it considered illegal land claims by indigenous groups. Critics said the move was an attack on indigenous rights by the farming lobby.

Greek economy sinks back into recession

Greece has fallen back into recession for the first time since 2012, official figures from Eurostat show. The country's gross domestic product fell by 0.1% in the first three months of the year after shrinking by 1.2% in the final quarter of 2016. The figures come as Greek unions begin two days of industrial action against cuts to pensions and tax rises insisted on by creditors. Greece is still struggling to secure a new bailout from international lenders. Its government hopes the loan payment will be approved by a meeting of eurozone finance ministers on 22 May. (Click here)

Microsoft President Urges Nuclear-Like Limits On Cyberweapons

Microsoft President Brad Smith calls for a "Digital Geneva Convention" under which governments would set limits on the creation of cyberweapons, just like they did for nuclear weapons.

Ukraine imposes sanctions on Russia tech companies

The Ukrainian Security and Defense Council imposed sanctions on a series of Russian tech companies Tuesday, citing security concerns over possible cyber attacks. The council said that the sanctions were imposed to protect against companies "whose activities threaten the information and cyber security of Ukraine". The sanctions froze any assets held by the Russian companies still in Ukraine as of Tuesday morning. These new sanctions have increased to 400 the total number of blacklisted Russian firms in Ukraine since 2014. The action will have an effect on Vkontakte, which is the Russian version of Facebook, and is widely popular in the country. (Click here)

Chechnya accused of 'gay genocide' in ICC complaint

Image caption Concern about the plight of gay men in Chechnya resurfaced across Europe last month following reports of persecution in the Russian newspaper Novaya Gazeta. Three French gay rights groups have accused the Russian republic of Chechnya of a policy of genocide towards gay people in a complaint filed at the International Criminal Court. They have blamed Chechen President Ramzan Kadyrov and state officials for a "wave of persecution". Chechen officials have denied that gay people even exist in the republic.

1st man prosecuted for Federal hate crime targeting transgender victim gets 49 years

Joshua Brandon Vallum's sentence, which was rendered Monday, comes on top of the life sentence he is already serving under state law. The case was unprecedented for the Justice Department.

Trump administration cuts international healthcare aid to groups promoting or performing abortions

Trump's administration announced plans Monday to expand the so-called Mexico City Policy blocking international family planning assistance through the US Agency for International Development to any groups or programs that provide abortion or abortion education to women.

Amid Puerto Rico’s fiscal ruins, a new push for statehood

As Puerto Rico faces an economic meltdown, residents are preparing to vote in June in a nonbinding referendum on whether to try to become the 51st state.


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Michael Ghilissen, editor: michael@migalhas.com

Miguel Matos, publisher: miguel@migalhas.com.br


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