Category Archives: Law

Scrabulous: Dead App Scrabbling

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I’ve mentioned it before, but for those of you who weren’t aware, I’m addicted to Scrabulous, the Facebook application which allows me to play multiple games of Scrabble with several of you at the same time, and at our leisure.

Scrabulous is so fabulous, I ditched Friendster and MySpaz out of my desire for it; I had no need for such retrograde networks, not when Facebook was so superior– and the whole basis for its superiority is this stellar timesuck. If you read the message boards on the “official” Save Scrabulous group or under news articles about the game, I’m not the only one who has embraced Facebook out of my nerdier impulses, nor am I the only one who is twitching in a corner, rocking back-and-forth over this:

The saga of Scrabulous is nearing an end…[link]

I can’t bear to contemplate it. Better I edify you as to why this tragedy is occurring. Hasbro is not pleased that their game is suddenly so popular, not when they have no part in the fun. Never mind that they were stupid for not sensing the untapped desire of millions of word-nerds for protracted online Scrabbling, they’re using words like “licensing” and “stealing” to rain on our vocabulary-littered parade.

A flurry of behind the scenes deal-making has been going on between Hasbro, Scrabulous, and Electronic Arts, which has the license in the U.S. to the online version of the game. Hasbro is trying to get Scrabulous to sell itself for a song to Electronic Arts, or else shut down completely by the end of the day today. [link]

The Calcutta-based brothers behind the awesomeness, software developers Rajat and Jayant Agarwalla are trying to find a way…

Scrabulous has been trying to shop itself to other buyers as well, but its legal liability is scaring away any potential white knights. Unless it gets some sort of reprieve or agrees to sell to Electronic Arts, Scrabulous will be no more, despite the more than 46,000 Facebook members who have joined the “Save Scrabulous” group. What choice does it have, really, but to sell? [link]

Lest you think this is a tiny sort of tempest, consider these numbers:

Scrabulous was started in 2006 as a standalone site operated by a pair of 20-something Calcutta, India-based brothers, Jayant and Rajat Agarwalla, but the game exploded when they created a Facebook application that currently boasts 2.3 million active users and soon became the workplace productivity drain du jour. It’s currently the ninth most popular application on the site. [link]

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FBI Hate Crimes Report & Desis

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MAJOR KUDOS to our administrators (particularly Chaitan) for fixing this post, recovering the comments and making the universe just a bit more whole ; they fixed my screwup.

The FBI recently released its latest statistical roundup of hate crimes throughout the United States. These stats are maintained as a result of a congressional mandate and provide an interesting time series analysis of crime against specific races and / or religions –

Statistics released today by the Federal Bureau of Investigation revealed that 7,722 criminal incidents involving 9,080 offenses were reported in 2006 as a result of bias against a particular race, religion, sexual orientation, ethnicity/national origin, or physical or mental disability. Published by the FBI’s Uniform Crime Reporting Program, Hate Crime Statistics, 2006, includes data from hate crime reports submitted by law enforcement agencies throughout the nation.

…Analysis of the 7,720 single-bias incidents by bias motivation showed that 51.8 percent were motivated by a racial bias, 18.9 percent were motivated by a religious bias, 15.5 percent were triggered by a sexual-orientation bias, and 12.7 percent of the incidents were motivated by an ethnicity/national origin bias.

Because racially- and religiously-motivated crimes are frequent topics on Sepia Mutiny, I thought it would be intersting to do some number crunching to make the stats available for future discourse….

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How to map Muslims and find the best falafels

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A couple of diabolically ingenious (or phenomenally stupid) plans have been recently reported on in the media, both plans intended to ascertain where American Muslims be hanging out (so as to keep tabs on the potential terrorists hiding among them). The first was Los Angeles’ Muslim Mapping Project. At first I assumed that the LAPD intended to map the spread of Islam in the world since the birth of Muhammad…but then I realized that the department probably doesn’t employ many history or religion PhDs. “Muslim Mapping” must mean something else. Here is an excerpt from the LAPD officer who briefed the Senate Committee on Homeland Security and Governmental Affairs (headed by Joe Lieberman):

“In order to give our officers increased awareness of our local Muslim communities, the LAPD recently launched an initiative with an academic institution to conduct an extensive “community mapping” project. We are also soliciting input of local Muslim groups, so the process can be transparent and inclusive. While this project will lay out the geographic locations of the many different Muslim population groups around Los Angeles, we also intend to take a deeper look at their history, demographics, language, culture, ethnic breakdown, socio-economic status, and social interactions. It is our hope to identify communities, within the larger Muslim community, which may be susceptible to violent ideologically-based extremism and then use a full-spectrum approach guided by an intelligence-led strategy…” [Link]

“We want to know where the Pakistanis, Iranians and Chechens are so we can reach out to those communities,” LAPD Deputy Chief Michael P. Downing was quoted by CBS news as saying Thursday. [Link]

This plan actually makes a lot of sense to me (and doesn’t Downing seem downright neighborly?). It would be much too difficult to move all the Muslims into ghettos with well-defined boundaries. I don’t think Homeland Security has that kind of budget (yet). Why not use GIS data and other high tech strategies to simply make a virtual map of Muslims? I mean, Google Map already has overlays for satellite imagery, traffic, and street view. It wouldn’t be hard for Google to simply add a “Muslim neighborhoods” overlay to their GoogleMaps would it?

We have learned that Muslim communities in the U.S. are mistrustful of the mainstream media. Therefore, they may turn to other sources of information for news and socialization, such as the Internet. Unfortunately, despite all of the positive aspects of the Internet, it allows those individuals and groups with ideological agendas to easily make contact with like-minded individuals and access potentially destructive information. [Link]

Holy crap. I know that Muslims read our site and socialize here with like-minded individuals through comments. Despite the fact that I like this plan I hope we aren’t getting mapped as well.

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Preserving the Evidence

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Amrit Singh, the hardworking New York ACLU lawyer who is also the daughter of the current Indian Prime Minister (written about many times here on SM), has teamed up with fellow ACLU attorney Jameel Jaffer to author a book which outlines the broad scope of the detention and torture policies practiced by the Bush Administration in its “War on Terror.” [via Ultrabrown]

Administration of Torture is the most detailed account thus far of what took place in America’s overseas detention centers, including a narrative essay in which Jameel Jaffer and Amrit Singh draw the connection between the policies adopted by senior civilian and military officials and the torture and abuse that took place on the ground. The book also reproduces hundreds of government documents; including interrogation directives, FBI e-mails, autopsy reports, and investigative files; that constitute both an important historical record and a profound indictment of the Bush administration’s policies with respect to the detention and treatment of prisoners in U.S. custody abroad. [Link]

“Awesome” is the first thing that comes to mind. Even though we can’t undo a lot of what has been done to take America way off course in the last several years, it feels somewhat better to know that someone is taking the time to bear witness to and document it all thoroughly. This way, as Bush likes to proclaim, history can best judge his presidency. To get a feel for the book you can download part of a chapter here. You can also listen to a Podcast here where the authors discuss their book, and a recent NPR interview with Singh here.

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Paulose being investigated

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You all recall me blogging back in March about the Alberto Gonzales-installed U.S. Attorney in Minneapolis right? Indian American Rachel Paulose, at only 33 years of age, was one of the loyal “Bushies” picked to replace the apparently disloyal outgoing attorney (Tom Heffelfinger) from that region. Right away news began to surface that Paulose’s staff couldn’t stand her reportedly imperious ways. Well now it seems that the largely ignored Office of Special Counsel is investigating formal complaints against Ms. Paulose [via Eric Black Ink]:

The federal Office of Special Counsel is investigating allegations that Rachel Paulose, U.S. attorney for Minnesota, mishandled classified information, decided to fire the subordinate who called it to her attention, retaliated against others in the office who crossed her, and made racist remarks about one employee.

Paulose did not return phone calls seeking her comment. Black Ink will publish any response that she makes.

The investigation has been under way since June. The Office of Special Counsel, which handles complaints about retaliation against whistleblowers and prohibited personnel practices by political appointees such as Paulose (that’s her at the podium in the photo at right), appears to be taking the allegations seriously. Investigators from two of its regional offices have been to Minnesota to interview witnesses and may be back for more. I could not find out when the OSC, an independent executive branch agency that is not part of the Justice Department, might complete the investigation. [Link]

It should be noted that this is an on-going investigation that is little more than he-said she-said right now. Here are a couple of the specific allegations being made, however:

*Paulose committed large and small acts of retaliation against others in the office whom she accused of disloyalty to her. In one instance, after changing the job assignment of one employee, Paulose allegedly said that she would make the woman so miserable that she would want to quit. In some instances, Paulose allegedly ordered those in charge of performing job evaluations to downgrade the reviews of those she considered disloyal, or turned down requests that they be allowed to perform work outside the office. The allegation is that Paulose took these actions against employees for reasons other than the quality of their work, but rather for offenses like advising her that some actions she was contemplating would exceed her legal authority.

*Paulose allegedly denigrated one employee of the office, using the terms “fat,” “black,” “lazy” and “ass…” [Link]

I don’t think using the four words above necessarily means you said anything wrong or that you are racist (as the allegations seem to imply). For example, I think it is perfectly acceptable to criticize a subordinate like this:

“When you sit in that black chair eating non-fat yogurt when you should be working as hard as a four-legged ass it makes me think you are a bit lazy.“

Can anyone else come up with a possible non-controversial sentence that Paulose might have uttered using those four words?

The outlook may not be favorable for Paulose. With Alberto out the knives will be coming out and Democrats will be applying some pressure to clean-up what they see as a crony-filled Justice Department.

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May You Finally be at Peace [UPDATED, Sadly]

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A little over a month ago, I wrote a post about a Muslim youth who had cut the hair of a Sikh peer, during a fight in their high school bathroom. You may recall it– I asked you if this was a hate crime and many of you responded, some by saying “yes”, others “no”. The utility of hate crimes legislation was also debated; weren’t all violations worthy of condemnation? What if penalizing hate crimes really meant prosecuting thought crimes?

I thought of all of this, today. I was moderating a link on our news tab by clicking it, to make sure it worked. This takes less than a second, but sometimes, I linger for an extra moment on whatever news site you’ve submitted, especially if there’s another story which captures my attention (I’m powerless against the “most emailed” list).

“Survivor of Hate Crime Takes Own Life“, it said. Or something similar. I realized that David Ritcheson, 18, was dead, a year after he probably should have been. A comment from the post I referenced above came back to me:

I wouldn’t classify this as a crime… a little hair cut doesn’t hurt. He wasn’t sodomized for crying out loud. Plus, these were kids. Kids can be more sadistic than adults at times. Its actually somewhat normal for a pre-teen to be sadistic… part of the maturation process. This was peer pressure, not a hate crime. Whoever cut the Sikh fellow’s hair did to retain his status among the peer group. [Link]

Well, David was sodomized, for crying out loud. He wasn’t just sexually assaulted, he was brutalized. Stomped. Burned. Kicked. And as he lay on the ground, naked and dying, his attackers poured bleach on him. Why? He tried to kiss a 12-year old white girl, who was not related to either of his murderers. David.JPG

Who was David?

David Ritcheson had been a running back on the Klein Collins High School football team. He was homecoming prince as a freshman and had a girlfriend. He “hung out with the good crowd,” he says, and had every reason to look forward to returning last fall.
But once classes resumed, Ritcheson was overwhelmed by the looks he got everywhere he went — in the halls, in the cafeteria, in classrooms.
The looks all said the same thing: You’re a victim, how do you deal with it? Everybody knew what had happened to him, and the attack, he says, “was just so degrading.”
In a case that drew national attention, Ritcheson, a Mexican-American, was severely assaulted last April 23 by two youths while partying in Spring. One of the attackers, a skinhead named David Tuck, yelled ethnic slurs and kicked a pipe up his rectum, severely damaging his internal organs and leaving Ritcheson in the hospital for three months and eight days — almost all of it in critical care. [Houston Chronicle]

Here are his own words, which were uttered at a hearing on H.R. 1592, The Local Law Enforcement Hate Crimes Prevention Act of 2007; he testified, in an effort to wrest some good from his pain.

I appear before you as a survivor of one of the most despicable, shocking, and heinous acts of hate violence this country has seen in decades. Nearly one year ago on April 22, 2006, I was viciously attacked by two individuals because of my heritage as a Mexican-American…a minor disagreement between me and the attackers turned into the pretext for what I believe was a premeditated hate crime. This was a moment that would change my life forever. After I was surprisingly sucker punched and knocked out, I was dragged into the back yard for an attack that would last for over an hour. Two individuals, one an admitted racist skinhead, attempted to carve a swastika on my chest. Today I still bear that scar on my chest like a scarlet letter. After they stripped me naked, I was burned with cigarettes and savagely kicked by this skinhead’s steel toed army boots. After burning me in the center of the forehead, the skinhead attacker was heard saying that now I looked like an Indian with the red dot on my forehead.

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No Balle Balle for Bally

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HL Menken famously said, “No one ever went broke underestimating the intelligence of the American public.” That’s true not just of customers, but of corporate employees as well.

If I managed a gym and I was hiring somebody to do sales, I would care about how much experience they had, maybe how fit they looked, but I can’t imagine caring about the nationality or religion of the applicant. And this would especially true in a place like Fresno which is one of the most diverse counties in the state of California. Still, that’s just what one Bally’s in Fresno did – out and out discriminated against a Sikh man:

Sukdev “Devin” Singh Dhaliwal applied for a sales job with one of Bally’s five Fresno fitness centers in 2004. An interviewer quizzed Dhaliwal, who was born and raised in California, about his religious and ethnic background, and then denied him a job and hired non-Sikh, non-Indian applicants with less experience, according to the commission.

“He was basically asked where he was born, where his parents were born, what religion he subscribed to and whether he was a Muslim,” said EEOC program analyst Linda Li. “He’s very American.” [Link]

Why bring up news from almost 3 years ago today? Because it took that long for Bally’s to face justice and … lose:

Under the consent decree approved by U.S. District Judge Jeffrey S. White, Bally must pay Dhaliwal $24,000 in damages and provide training in equal opportunity hiring practices to managers at its Fresno locations. Dhaliwal said he plans to donate some of the money to his alma mater, California State University, Fresno, where a business law professor steered him to the EEOC after hearing about the interview. [Link]

It’s not a lot of money, but it should send a message. Sadly, it’s a message that still needs sending.

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Paulose? Puh-leaze

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One of the two major keynote speakers at this year’s NASABA conference in San Francisco is going to be Rachel K. Paulose, United States Attorney for the District of Minnesota [Thanks Maisnon]. Yes, that Rachel Paulose.

On the one hand, this makes sense – she’s a very prominent desi legal figure. As we said before, at age 33 she is:

the youngest serving U.S. Attorney, the first woman to hold that position in Minnesota and the first U.S. Attorney of South Asian descent. [Link]

So of course she’d make a great keynote speaker. The other speaker will be Kamala D. Harris, the District Attorney of San Francisco, so Paulose is the bigger fish of the two.

Then again, there has been a lot of controversy around her. Since our last post about her, which dealt with her credentials and swearing-in ceremony, a number of other problems have cropped up, including an unprecedented vote of no confidence from her subordinates who demoted themselves rather than work for her:

On April 5, 2007, three of her top administrators — First Assistant U.S. Attorney John Marti, second in command; civil division head Erika Monzangue and criminal division head James Lackner — voluntarily resigned those positions, reverting to simple assistant U.S. attorney status, reportedly in protest over Paulose’s management style. [Link]

This is very highly unusual since the key people in her office took a rank and pay cut both to avoid working directly under her. It’s strange enough that the U.S. Senate Judiciary Committee may even investigate.

And just recently, to top it all off, the Republican Senator from Minnesota, Sen. Norm Coleman, has done a 180 in terms of his support for her. Whereas earlier he took credit for her nomination, now his office is claiming that the Senator never nominated her at all.

Paulose is clearly a hot potato, which should make for a lively convention. If anybody is going, let us know if she gets asked anything interesting when she speaks, OK?

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Thanks for Your Service, Veteran- Now “Go Back to Your F****** Country” [UPDATED]

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I have had a fever for most of the day, so when I woke up and checked my GMail, I thought I was hallucinating while reading something sent out via ASATA (Alliance of South Asians Taking Action). SALDEF (The Sikh American Legal Defense and Education Fund) just issued a press release regarding an incident which makes me sick; Kuldip Singh Nag, a Sikh American VETERAN was assaulted by the Joliet police, in front of his six-year old child and wife. His crime? Parking a van with expired tags in his driveway. What. The. Fuck. KuldipSinghNag.jpg

I can’t find anything beyond a useless mention of Nag’s arrest on a “police blotter” type of article, so if any of you know of further developments, please let us know. The following is from SALDEF:

On Friday March 30, 2007 at around 3:00pm, Mr. Kuldip Singh Nag, a Sikh American who was awarded the Bronze Star for his service in the U.S. Navy during the first Gulf War, was at his home in Joliet, IL when a local police officer noticed that a van parked on Mr. Nag’s private property had expired registration tags. Upon being confronted with this, Mr. Nag’s wife, Vera Kaur Nag, informed the officer that the van is parked on their driveway and was inoperable.
Mr. Nag then came outside to answer the officer’s questions regarding the van. The Joliet police officer then demanded that Mr. Nag park the van inside his garage and not on the driveway, to which Mr. Nag responded to the officer that it was not possible and that regardless, the van is parked on his private property and he has a right to park it on his driveway.
At this moment, the officer pulled out his pepper spray and attacked Mr. Nag. As Mr. Nag screamed in agony, the officer removed his baton and violently struck Mr. Nag numerous times until he fell to the ground. While the assault ensued, the officer was reported by both Mr. and Mrs. Nag as saying, “You f****** Arab! You f***** immigrant, go back to you f****** country before I kill you!”
Mr. Nag’s wife and six year-old child both witnessed the violent assault, which resulted in Mr. Nag immediately being admitted to the hospital where he stayed for five days due to complaints of intense pain and head trauma. Mr. Nag also received numerous bruises and a serious head injury which have caused him to go blind for several minutes at a time.

I join SALDEF in calling for an immediate investigation into this brutal crime. Kuldip Singh Nag served the very nation this xenophobic police officer screamed at him to leave and while a few of you may question my emphasis on his military service, I just think it adds an extra ungrateful, deplorable angle to an incident which is already appalling.

“This case seems to be a clear incident of police misconduct in Illinois,” said SALDEF Managing Director Kavneet Singh. “We are horrified at the anti-immigrant sentiment the officer allegedly used as he violently accosted Mr. Nag, and further that his six year old son was a witness to this violent assault. We call upon both Joliet and Illinois officials to investigate this incident and for the Illinois community to stand in solidarity with Mr. Nag.”

Illinois desis, where you at? And will there ever be a point in my lifetime when someone doesn’t tell a South Asian American to go back to where they “fucking came from”?

UPDATE [By Ennis]: I spoke to somebody at SALDEF who said that Mr. Nag’s legal counsel can indeed verify that he is a Veteran. Continue reading →

The Supremes and Arranged Marriage

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The Supreme Court has been asked to overturn a case arguing that under certain circumstances the fear of an abusive arranged marriage can be grounds for asylum.

The plaintiff’s request for asylum granted on appeal by the Second Circuit which argued that where forced marriages are valid and backed by law, the plaintiff “might well be persecuted in China – in the form of lifelong, involuntary marriage.”

The government is now asking the Supremes to overturn this verdict because they are afraid it would make America a haven for women fleeing abusive forced marriages. To be fair, they’re saying this is a decision that should be taken by Congress, and not the courts, but they also warn that this could lead to a flood of women in arranged marriages applying for asylum.

At the center of the case is a woman from China, not India:

At age 19, Gao was sold by her mother for the equivalent of $2,200 to become the wife of a man in her home village who, Gao says, will physically abuse her. [Link]

She was granted asylum by the appeals court, which extended the grounds under which one could traditionally apply for asylum:Approximately 60% of marriages worldwide are arranged

To qualify, an individual must show a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

In most cases, the persecution is meted out by a government. But the Second Circuit said in the Gao case that persecution could also stem from a personal relationship in combination with government-enforced customs.

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