While the sand slipped through the opening
And their hands reached for the golden ring....

CNet reports Apple has been so swamped with law enforcement demands to decrypt iPhone data, it has created a waiting list.

For background on the decryption, see here and this earlier article. I've uploaded the two pages of the October, 2012 ATF search warrant discussing Apple's ability to bypass security codes and provide the information to law enforcement here. (Obtained from Pacer in the Kentucky case, it's a poor copy but readable.)[More...]

Via Wired's Threat Level: Buried in the 800 page proposed immigration reform bill is a provision creating a biometric database for all Americans, not just immigrants.

The bill, titled Border Security, Economic Opportunity, and Immigration Modernization Act is here.

Buried in the more than 800 pages of the bipartisan legislation is language mandating the creation of the innocuously-named “photo tool,” a massive federal database administered by the Department of Homeland Security and containing names, ages, Social Security numbers and photographs of everyone in the country with a driver’s license or other state-issued photo ID.

Employers would be obliged to look up every new hire in the database to verify that they match their photo.

Privacy advocates say "Think of it as a government version of Foursquare, with Big Brother cataloging every check-in." [More...]

Here is the Government's latest salvo in the federal criminal case in Virginia against Kim Dotcom and his partners. Here is Dotcom's Rebuttal. Torrent Freak has a good explanation without the legalese as to what it's about.

More interesting to non-lawyers is #kimdotcom's announcement today that Megaabox is ready for launch. [More...]

Funny and apt.Starts about 1 minute in.

Lawyers for George Zimmerman today filed a motion asking the jury in his upcoming trial over the shooting death of Trayvon Martin be anonymous. The motion is here.

It's pretty unusual for a defendant (as opposed to the prosecution) to ask for an anonymous jury (sometimes called an innominate jury.) Will the state object? In at least one case, that of an outlaw motorcycle gang, the state defended a judge's discretion to order an innominate jury. (An innominate jury is one in which all information about the jurors is disclosed to the parties, with the exception of the jurors' names, addresses, and exact place of work. Some courts use the term "innominate," instead of "anonymous" because anonymous connotes a "clandestine, forbidden, and obscure" jury panel.)

Among the factors that may warrant an anonymous/innominate jury in Florida is where "extensive publicity that could enhance the possibility that jurors’ names would become public and expose them to intimidation and harassment." [More...]

Update 5/10/13: Here is where he is buried.

Here is the statement from the City of Worcester, MA. informing the public that Tamerlan Tsarnaev has been laid to rest.

Worcester, MA (May 9, 2013) - As a result of our public appeal for help, a courageous and compassionate individual came forward to provide the assistance needed to properly bury the deceased. His body is no longer in the City of Worcester and is now entombed.

The Police Chief would like to thank all of the officers who worked the security detail at the funeral home and acknowledge their professionalism and dedication.

[More...]

There's a congressional hearing today on the Boston Marathon bombing - undoubtedly more calls for security and information sharing.

Ariel Castro's bond was set at $8 million.

Here's an open thread, all topics welcome.

Rod Stewart is back with a new album. I loved watching him sing this song on Jimmy Kimmel Live the other night. Click on the full view button. Starting around 1:20, you can see how happy he is to be singing his own songs again. He also seems to be in great shape. Maybe it's his 8 kids, ages 2 to 50, that keeps him so enthused about life. Whatever it is, it's fun to watch and the song is very catchy.

Two cases I'm not following: Jodi Arias and the released Cleveland women. If you are, feel free to comment.

What to watch tonight: Slim pickings, but it will be The Voice, Survivor and Nashville. American Idol is so boring.

This is an open thread, all topics welcome.

Bump and Update: It's official. The House approved the Senate Amendments and Colorado is now the first state in the nation to pass laws regulating recreational use, sale, production and taxing of marijuana.

This appears to be the final version of House Bill 1317 setting out the regulations for retail outlets. Tourists will be able to buy 1/4 ounce at a time. You can find all the versions here. The bill will go to Governor Hickenlooper who is expected to sign it into law.

Details on the driving while stoned bill that passed yesterday here.

Katherine Russell, widow of Tamerlan Tsarnaev, has added New York criminal lawyer Josh Dratel to her legal team.

Excellent choice. He's experienced in terrorism cases and is co-author of the Torture Papers: the Road to Abu Ghraib and The Enemy Combatant Papers: American Justice, the Courts, and the War on Terror.

Others he has represented:

• Australian Guantanamo detainee David Hicks
• Sami Omar Al-Hussayen, who was acquitted in federal court in Idaho in 2004;
• Wadih El-Hage, a defendant in U.S. v. Usama bin Laden, which involved the August 1998 embassy bombings in Kenya and Tanzania;
• Mohamed Suleiman al-Nalfi, also charged in the Embassy Bombings case.
• Mohamed El-Mezain, a defendant in the federal Holy Land Foundation case
• Attorney Lynne Stewart (in the appeal of her terrorism conviction)

And more leaks from anonymous law enforcement sources about what Dzokhar Tsarnaev told the FBI: Today's leak is that he said Ms. Russell wasn't involved in the bombing.

The Government and Enron defendant Jeffrey Skilling have filed an agreement with the Court for Skilling's sentence to be reduced from 24 years (292 months)to somewhere between 14 and 17 years (168 to 210 months.) He will get credit for the time he served since December 13, 2006. (He may also get another six weeks credit for time spent on home confinement before he reported to prison, but that will be up to the Bureau of Prisons.)

I've uploaded the 7 page agreement here. [More...]

Time has a new report on Tamerlan Tsarnaev's recent trip to Russia. Shorter version: Tamerlan was more radical than his Islamist cousin who is in a protest group. He didn't get radicalized in Russia, he tried to radicalize them. No one listened to him and they tried to dissuade him of his views.

Time reports the distant cousin "has been in jail since April 27 after a brawl with police in northern Dagestan." That's not quite the whole story. According to eyewitnesses, the cousin was part of a wedding party that got stopped by police for having an Islamic flag on the car. Ten members of the party, including the cousin, were beaten by police and arrested. In all, 17 members of the wedding party were charged. They have all been sentenced to "administrative penalties" of between 5 and 10 days in jail. Tamerlan's cousin's detention was extended a few days. [More...]