The Freedom Of Expression Versus The Right To Privacy - Considerations - Human Rights - Worldwide

[Gunnar Larson]

FBI, yesterday in Chelsea the NYPD was at the door and I would not open
it... I think this had to do with the Mayor Adams?  Looking through the
peep hole, there were several officers with the body cameras  going. I
filed a new NYPD FOIL for the new footage.

What happened yesterday makes this article below one of my favorites. I
think this explains yesterday probably better than anything.

Gunnar

---

https://www.mondaq.com/human-rights/1426622/the-freedom-of-expression-versus-the-right-to-privacy---considerations


Worldwide: The Freedom Of Expression Versus The Right To Privacy -
Considerations

21 February 2024

As an essential attribute of democracy, freedom of expression is
legitimised through a range of both national and international instruments.
In the European Convention on Human Rights (hereinafter - the Convention)
this concept was reinforced in Article 10. In the case of Handyside v. the
United Kingdom, we observe the importance given by the European Court of
Human Rights (ECHR) to this principle - "freedom of expression constitutes
one of the essential foundations of a [democratic] society, one of the
basic conditions for its progress and for the development of every man".

In the same case, the European Court emphasised that freedom of expression
is applicable not only to "information" or "ideas" that are favourably
received or regarded as inoffensive or as a matter of indifference, but
also to those that offend, shock or disturb; such are the demands of that
pluralism, tolerance and broadmindedness without which there is no
"democratic society".

Freedom of expression is not an absolute right and, as the Court showed in
Morice v. France, it is accompanied by exceptions that require a strict
interpretation, and the need to restrict it must be convincingly
established.

Any interference with the applicant's right to freedom of expression needs
to be conclusively and unequivocally motivated by the court, considering
the principle of proportionality. In addition, it is necessary to argue
that this interference is a necessary one in a democratic society.

Thus, if in the exercise of the right to express one's opinion some
unjustified insult is resorted to infringing the right to a good
reputation, the court is called to take into account all aspects of the
case, including analysing whether the main purpose of the value judgement
was rather to raise public awareness of a matter of public interest, even
if expressed in an exaggerated or provocative manner, rather than denigrate.

We are in the presence of a violation of Article 10 of the Convention when
the reasons invoked by the national courts cannot be considered relevant
and sufficient to justify the interference with the right to freedom of
expression of an applicant and when this interference is disproportionate
in relation to the legitimate aim pursued.

In the Marunić v. Croatia case, the European Court decided that there was a
violation of Article 10 of the Convention, finding that the interference
with the applicant's freedom of expression in the form of summary dismissal
was not necessary in a democratic society to protect the reputation and
rights of the society in question. In this case, the applicant, director of
a municipal company providing services of public interest, was summarily
dismissed following public statements in which she defended herself,
statements made a week after the president of the company criticised her
activity in an article of the press. The dismissal decision was motivated
by the fact that her statements to the press harm the company's reputation.
The applicant complained that her statements to the press were made only to
refute the false accusations against her and that her dismissal violated
her right to freedom of expression.

The Court held that, although the obligation of loyalty, reserve and
discretion normally prevents employees from publicly criticising the
employers' activity, in the present case the essential element is the
appearance in the press of the other member of the company's management and
the public criticism of the activity of the applicant. Under these
conditions, she could not remain silent and not defend her reputation in
the same way. It would be regarded as stretching the duty of loyalty to
request otherwise.

The internal laws of the member-states may require the proof of the
veracity of the statements made publicly, and this does not seem to
contravene Article 10. On the contrary, such measures are intended to
prevent gratuitous personal attacks, with unnecessarily hurtful comments,
that is, without any valid justification.

In the case of Axel Springer AG v. Germany, it was shown that the quality
of public personality of the person whose reputation protection is weighed
against the restriction of freedom of expression plays an important role.
This being a sufficiently well-known actor, and the fact that he had been
arrested in public and actively sought to come to the fore by 

The Role of ATE Insurance in the Post Office Scandal - Litigation Finance Journal

[Gunnar Larson]

https://litigationfinancejournal.com/the-role-of-ate-insurance-in-the-post-office-scandal/


The Post Office scandal has brought the role of litigation funding in
opening access to justice to the fore, with the media coverage generating
fresh opportunities for funders to talk about their vital role in
supporting victims of a miscarriage of justice. However, it is equally
important to recognise the role that litigation insurance played in
supporting the sub-postmasters legal campaign.


In an article for Insurance Post, Alan Pratten, chair of M, litigation
and tax insurance solutions at Gallagher, provides new insights into the
use of after-the event (ATE) insurance in the postmasters litigation.
Pratten goes into the nuances and challenges that were overcome as an
insurance broker, working in tandem the postmasters legal team which was
led by James Hartley, partner at Freeths.

Pratten explains that the claimants’ legal teams had struggled to secure
ATE initially, with one of the primary issues being that ‘many of the
claimants, owing to the findings of the Horizon software, had criminal
records, having been convicted of fraud, theft and false accounting.’
Insurers were therefore naturally averse to involving themselves with a
case involving fraud, which was compounded by the fact that ‘the majority
of existing ATE policies would have been nullified due to some claimants
having previous convictions.’

Pratten goes on to detail how Gallagher worked with a panel of UK and US
insurers to craft sufficient ATE insurance cover for the sub-postmasters,
which involved ‘working with a panel of insurers and reinsurers and
tailoring the policy wording in 85 different areas.’ He describes the case
as setting ‘a new precedent for ATE in the industry’, and emphasised that
the bespoke nature of this policy shows ‘that standardised policies are
rarely the best fit and that clients need an insurance broker that
understands, and can cater to, their unique circumstances.’

Re: [spam][crazy][fiction][random] Non-Canon MCBoss Spinoffs

[Undescribed Horrific Abuse, One Victim & Survivor of Many]

the internet and other people are being inconsistent for me too much today

i know we’ve been through this before, where nothing makes sense i lose my
mind, and let’s not do that a second time of course, but it leaves one
wondering how to engage reality, what approach to take. it leaves one
confused and unsure.

i have a lot of cavities and should see a dentist. i have other special
issues, such as loss of a salivary gland due to surgery, and [i’ve star—
—-
anyway this dentist i went to for one reason because it used to say on
their website they had gone to —

anyway it’s confusing, and is similar to a different situation. it’s too
bad this is all happening. it’s very tragic. how do we resolve it quicker?
does anyone _want_ everyone to be online, other than powerful crackers?
(mistake i hear.)
similarly, does anyone want (everything to be insecure?)

…
how do we tell what is real when we don’t check 

it’s obvious there are slavers in our computers, because they try to
control our behavior with the information we access. this has become
mainstream with social marketing and such
… (maybe :S) …
i wish i knew what was real here. it’s a handful of surprises at once.

it’s hard to remember the parts among the (triggering :S) surprises

the most clear issue here is that the dentist is no longer listing (the
prestigious academy they have history with) in their online profile. it’s
part of why i wanted to try th(—

1124-0500 2024-02-22

so, —
1124

otherwise, so you see the kinds of relations we have going on here aren’t
want humans are used to expecting. they’re … very very oppressive. like
encountering a tyrannosaurus rex. it leaves one unsure of where to walk.

:S

i’ll probably try out scheduling with one of the two male dentists i’m
finding on the internet now, rather than the female dentist i found on the
internet when i last searched, but i’ll probably take some time to recover.
i’m worried there could be systemic sexism going on here somewhere because
this dentist also stopped accepting all insurance plans apparently for some
reason, which must reduce their available client base.

Wall Street Law Firm Sullivan & Cromwell Gets Sued Over Allegations It Aided and Abetted the FTX Crypto Fraud

[Gunnar Larson]

https://wallstreetonparade.com/2024/02/wall-street-law-firm-sullivan-cromwell-gets-sued-over-allegations-it-aided-and-abetted-the-ftx-crypto-fraud/


Wall Street Law Firm Sullivan & Cromwell Gets Sued Over Allegations It
Aided and Abetted the FTX Crypto Fraud

By Pam Martens and Russ Martens: February 21, 2024 ~

Ryne Miller, Former Sullivan & Cromwell Partner; Now General Counsel of
FTX.US
Ryne Miller, Former Sullivan & Cromwell Partner, Became General Counsel of
FTX.US

The 144-year old Wall Street go-to law firm, Sullivan & Cromwell, may be
getting rich on the FTX bankruptcy legal fees, but it’s also doing a
helluva job destroying its reputation as a prudent law firm. Last Friday, a
federal lawsuit was filed against the law firm alleging civil conspiracy,
aiding and abetting fraud, aiding and abetting breach of fiduciary duty,
and violations of civil federal racketeering law in regard to its work for
the collapsed crypto exchange, FTX, which looted customer funds to the tune
of billions of dollars.

We’ll get to the stunning allegations in the lawsuit in a moment, but first
some necessary background.

Last year, Wall Street On Parade wrote more than 20 articles documenting
the labyrinthine and deeply conflicted ways that Sullivan & Cromwell had
enmeshed itself in the FTX crypto exchange before the house of cards
collapsed. (See a small sampling of our work in “Related Articles” at the
end of this article.)

One of Sullivan & Cromwell’s law partners, Ryne Miller, moved to FTX.US and
became its General Counsel. Another former Sullivan & Cromwell lawyer, Tim
Wilson, became General Counsel for FTX Ventures, the venture capital arm of
FTX. Sullivan & Cromwell had previously represented the kingpin of the
fraud, Sam Bankman-Fried, who was convicted in November 2023 on seven
counts of fraud and conspiracy. The law firm had also previously
represented the Head of Engineering at FTX, Nishad Singh, who has pled
guilty to fraud charges. According to Sullivan & Cromwell’s own bankruptcy
court declaration, it had been involved in more than 20 legal engagements
for FTX before it filed for bankruptcy on November 11, 2022. According to
the declaration, the law firm’s legal work began 15 months prior to the
collapse of the firm.

Notwithstanding these conflicts, Sullivan & Cromwell steamrolled its way
into becoming lead counsel of the FTX bankruptcy and then argued against
allowing the U.S. Department of Justice’s U.S. Trustee to appoint an
independent examiner – a legally mandated position for bankruptcy cases
exceeding $5 million. Equally troubling, the FTX bankruptcy judge, John
Dorsey, of the U.S. Bankruptcy Court for the District of Delaware, bought
into Sullivan & Cromwell’s arguments and declined to allow the U.S. Trustee
to appoint an independent examiner. The Third Circuit Court of Appeals
overruled the Judge last month.

Sullivan & Cromwell’s conflicts with FTX and its demand to be appointed
lead counsel in the bankruptcy were so over the top that in January of 2023
four sitting U.S. Senators (Elizabeth Warren (D-MA), John Hickenlooper
(D-CO), Thom Tillis (R-NC) and Cynthia Lummis (R-WY)) sent a letter to
Judge Dorsey. Senator Hickenlooper Tweeted a link to the letter with the
comment: “Get this: FTX’s legal advisors *pre-collapse* want to be
appointed to oversee investigations INTO the collapse.”

The Senators’ letter included this blunt assessment of Sullivan &
Cromwell’s conflicted role:

“To name just one challenge: will the firm’s lawyers be able to effectively
investigate their current and former partners who were central in FTX’s
conduct? Additionally, given their longstanding legal work for FTX, they
may well bear a measure of responsibility for the damage wrecked on the
company’s victims. Put bluntly, the firm is simply not in a position to
uncover the information needed to ensure confidence in any investigation or
findings.”

That assessment was clearly an understatement according to the federal
lawsuit filed last Friday against Sullivan & Cromwell by the Moskowitz Law
Firm on behalf of 16 customers of the FTX crypto platform.

Among the allegations in the lawsuit are the following:

“…from November 2022 to mid-January 2024, S’s income from matters just
related to FTX has surged, exceeding $180 million — or 10% of the total
revenue the 900-lawyer firm publicly stated it collected in all of 2022 —
with paralegals billing $595/hr. and partners billing up to $2,165/hr.”

“S attorneys served as the primary legal services providers for the RICO
enterprise, assisting in the structuring of the enterprise operations.”

“When the FTX fraud was revealed in November 2022, Mr. Miller and S moved
to consolidate power over the FTX Group without delay, quickly ousting SBF
[Sam Bankman-Fried] and his lieutenants and appointing in their stead
hand-picked successors to navigate FTX through the bankruptcy process.
S’s post-collapse maneuvering seems particularly calculated, given that
S was well positioned to see the 

Crypto Law Firm Invokes Coinbase Petition In SEC Challenge

[Gunnar Larson]

Crypto Law Firm Invokes Coinbase Petition In SEC Challenge


By Aislinn Keely

Crypto-focused law firm Hodl Law PLLC told the Ninth Circuit on Wednesday
that its standing to sue the U.S. Securities and Exchange Commission over
its crypto policy is undeniable now that the agency has decided not to take
up a rulemaking petition from crypto exchange Coinbase.

 Response attached | Read full article »

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How Trump's Hush Money Trial Helps Or Hurts Jack Smith

[Gunnar Larson]

How Trump's Hush Money Trial Helps Or Hurts Jack Smith


By Phillip Bantz

Manhattan District Attorney Alvin Bragg's porn star hush money case against
Donald Trump is set to be the first criminal trial of a former president in
U.S. history, a development that carries potential risks and benefits for
special counsel Jack Smith, especially as one expert characterized the New
York case as "legally and factually weak."

Read full article »

 | Save to favorites »

Justices Told NRA Speech Claim Would Thwart Regulation

[Gunnar Larson]

Justices Told NRA Speech Claim Would Thwart Regulation


By Ganesh Setty

The ex-head of New York's financial regulator has told the U.S. Supreme
Court her statements advising companies to consider their relationships
with the National Rifle Association following the 2018 mass shooting in
Parkland, Florida, didn't violate the First Amendment, rejecting the NRA's
position that the statements were a "veiled threat."

 Brief attached | Read full article »

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Bankman-Fried Gets New Attys After Waiving Crypto Conflict

[Gunnar Larson]

Bankman-Fried Gets New Attys After Waiving Crypto Conflict


By Pete Brush

A Manhattan federal judge signed off Wednesday on Sam Bankman-Fried's
choice of new counsel ahead of his fraud sentencing, despite the fact that
the convicted FTX founder's new team represents an indicted ex-crypto CEO
whose interests may conflict with his own.

Read full article »

 | Save to favorites »

Law Firms Rip Cuomo Subpoenas As 'Abusive' And 'Wasteful'

[Gunnar Larson]

Law Firms Rip Cuomo Subpoenas As 'Abusive' And 'Wasteful'


By James Boyle

Law firms Cleary Gottlieb Steen & Hamilton LLP and Vladeck Raskin & Clark
PC said in a letter Tuesday filed in federal court that former New York
Gov. Andrew Cuomo's subpoena regarding their sex harassment investigation
"is plainly improper and is another in a string of abusive and wasteful
tactics."

 Letter attached | Read full article »

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Biden Should Be Like Ike to Curb Israel

[Gunnar Larson]

Biden Should Be Like Ike to Curb Israel
https://www.bloomberg.com/opinion/articles/2024-02-22/eisenhower-and-the-suez-crisis-offer-biden-lessons-for-israel-hamas-war


As Israel’s Gaza offensive has grown ever more deadly and destructive,
President Biden has equivocated: condemning the civilian death toll while
simultaneously sending more arms to Israel. This position, though perhaps
politically expedient at the outset of the conflict, has become untenable.

Re: Microsoft Will Use Intel to Manufacture Home-Grown Processor

[Shawn K. Quinn]

On 2/22/24 05:47, Gunnar Larson wrote:
Microsoft Will Use Intel to Manufacture Home-Grown Processor 
https://www.bloomberg.com/news/articles/2024-02-21/microsoft-will-use-intel-to-manufacture-home-grown-processor 


Intel Corp. has landed Microsoft Corp. as a customer for its 
made-to-order chip business, marking a key win for an ambitious 
turnaround effort under Chief Executive Officer Pat Gelsinger.


Microsoft in the CPU business? That can't be good, given what their 
requirements were for ARM-based computers and "Secure Boot" (they 
required that it be locked down).


--
Shawn K. Quinn 

Google Co-Founder Sergey Brin Sued Over Fatal Plane Crash

[Gunnar Larson]

Google Co-Founder Sergey Brin Sued Over Fatal Plane Crash


By Henrik Nilsson

The widow of a pilot has accused Google's co-founder Sergey Brin of
delaying efforts to recover her husband's body after he crashed into the
Pacific Ocean while ferrying Brin's private aircraft, saying Brin tried to
cover up illegal alterations made to the plane, according to the suit filed
in California state court.

 Complaint attached | Read full article »

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[EXTERNAL] FTX DR 5-105 Records Request

[Gunnar Larson]

-- Forwarded message -
From: FTX Trading Ltd. 
Date: Fri, Nov 17, 2023, 10:19 AM
Subject: RE: [EXTERNAL] FTX DR 5-105 Records Request
To: g...@xny.io 


Gunnar,

Thank you for your inquiry.

Kroll is the appointed claims and noticing agent for FTX Trading Ltd.
chapter 11 cases.? As such, Kroll does not have access to personal FTX
account information. Should you have an inquiry related to the chapter 11
proceedings, please do not hesitate to respond to this email.

Information, including access to court documents, instructions on how to
file a proof of claim, and important dates and deadlines will be available
throughout the case at?https://restructuring.ra.kroll.com/FTX/.

PLEASE NOTE: Kroll is the appointed claims and noticing agent for FTX
Trading Ltd. and 101 affiliated debtors’ chapter 11 cases.? As such, we are
not permitted to provide legal or financial advice.? Further, Kroll is not
permitted to accept claims via email or fax, and any such information
provided via either of these methods will not constitute a claim in these
proceedings.

Regards,



_

Kroll Inquiries
www.kroll.com 





*Effective March 29, 2022, Prime Clerk has rebranded as Kroll. All emails
sent by us will now have the domain @Kroll.com. Emails sent to the domain @
primeclerk.com will continue to be received. Please be assured that your
information remains secure and is only being used by us in connection with
the purpose for which it is held

This email is confidential and subject to important disclaimers and
conditions, including those regarding confidentiality, legal privilege and
certain legal entity disclaimers, available at
https://www.kroll.com/disclosure. Our Privacy Policy is available at
https://www.kroll.com/en/privacy-policy.


--- Original Message ---
*From:* Gunnar Larson [g...@xny.io]
*Sent:* 11/10/2023, 10:55 AM
*To:* ftxquesti...@kroll.com
*Cc:* f...@fincen.gov; srea...@curtis.com
*Subject:* [EXTERNAL] FTX DR 5-105 Records Request

Hello there:

New York is one of the few states that require lawyers to check for
conflicts of interest before accepting any new engagement.

In 1996, NY adopted DR 5-105(E), a new paragraph of New York’s main rule
governing conflicts of interest. DR 5-105(E) contains three sentences
(which I set off here in bullets to make the rule easier to read):

• “A law firm shall keep records of prior engagements, which records shall
be made at or near the time of such engagements and shall have a policy
implementing a system by which proposed engagements are checked against
current and previous engagements, so as to render effective assistance to
lawyers within the firm in complying with DR 5-105(D).”

• “Failure to keep records or to have a policy which complies with this
subdivision, whether or not a violation of DR 5-105(D) occurs, shall be a
violation by the firm.”

• “In cases in which a violation of this subdivision by the firm is a
substantial factor in causing a violation of DR 5-105(D) by a lawyer, the
firm, as well as the individual lawyer, shall also be responsible for the
violation of DR 5 105(D).”

The rule thus embodies two separate obligations. Law firms must:

1. Make and keep contemporaneous records of prior engagements at or near
the time of such engagements

2. Have a policy implementing a system for checking proposed engagements
against current and previous engagements.

xNY.io - Bank.org would like to check for conflicts of our interest
concerning FTX's asset sale and New York State's regulator who is
overseeing Trusts holding FTX assets.

Participants, the Trust or the Sponsor may be required to comply with
FinCEN regulations, including those that would mandate the Authorized
Participant to implement anti-money laundering programs, make certain
reports to FinCEN and maintain certain records.

Similarly, the activities of an Authorized Participant, the Trust or the
Sponsor may require it to be licensed as a money transmitter or as a
digital asset business, such as under the New York State Department of
Financial Services’ BitLicense regulation.

Would you please be able to send us a confirmation of your DR 5-105 records
on FTX clearing xNY.io - Bank.org of any associated conflicts to FTX.

Thank you,

Gunnar

Gunnar Larson
xNY.io - Bank.org
917-580-8053
This email is confidential and subject to important disclaimers and
conditions, including those regarding confidentiality, legal privilege and
certain legal entity disclaimers, available at
https://www.kroll.com/disclosure. Our Privacy Policy is available at
https://www.kroll.com/en/privacy-policy.

ref:!00D1N01uIqY.!500Qg03flvp:ref

Meta, TikTok Sued Over NYC Teen 'Subway Surfing' Death

[Gunnar Larson]

Meta, TikTok Sued Over NYC Teen 'Subway Surfing' Death


By Emily Field

The mother of a New York City teen who was killed while "subway surfing," a
challenge to ride on the outside of subway cars popularized on social
media, hit the parent companies of TikTok and Instagram along with the
Metropolitan Transportation Authority with a wrongful death suit on Monday.

 Complaint attached | Read full article »

 | Save to favorites »


Q

Microsoft Will Use Intel to Manufacture Home-Grown Processor

[Gunnar Larson]

Microsoft Will Use Intel to Manufacture Home-Grown Processor
https://www.bloomberg.com/news/articles/2024-02-21/microsoft-will-use-intel-to-manufacture-home-grown-processor


Intel Corp. has landed Microsoft Corp. as a customer for its made-to-order
chip business, marking a key win for an ambitious turnaround effort under
Chief Executive Officer Pat Gelsinger.

Crypto-Friendly Atty Challenges Warren For Senate Seat

[Gunnar Larson]

Crypto-Friendly Atty Challenges Warren For Senate Seat


By Aislinn Keely

An attorney known for his pro-crypto views and criticism of the U.S.
Securities and Exchange Commission announced on Tuesday a campaign to
unseat incumbent and crypto critic Sen. Elizabeth Warren in the
Massachusetts senatorial race.

Read full article »

 | Save to favorites »

Binance, Prosecutors Urge Court To Affirm $4.3B Penalty

[Gunnar Larson]

Binance, Prosecutors Urge Court To Affirm $4.3B Penalty


By Rachel Riley

Binance Holdings Ltd. and federal prosecutors have called on a Washington
federal court to confirm a historic $4.3 billion penalty, including a $1.8
billion criminal fine and a $2.5 billion forfeiture, that the crypto
exchange agreed to pay last fall when admitting to a series of banking and
sanctions violations.

 2 documents attached | Read full article »

 | Save to favorites »

Epstein's Attorney, Accountant Accused Of Aiding Trafficking

[Gunnar Larson]

Epstein's Attorney, Accountant Accused Of Aiding Trafficking


By Lauren Berg

Two survivors of sexual predator Jeffrey Epstein claim his longtime lawyer
and accountant played essential parts in the disgraced financier's sex
trafficking enterprise by creating a complex financial infrastructure to
keep the money flowing, according to a proposed class action filed in New
York federal court.

 Complaint attached | Read full article »

 | Save to favorites »

Los Angeles FBI Head, Recused From Girardi Case, Retires

[Gunnar Larson]

Los Angeles FBI Head, Recused From Girardi Case, Retires


By Brandon Lowrey

The head of the FBI's Los Angeles office, who recused himself from
investigations into indicted ex-lawyer Tom Girardi, has retired after
nearly a year and a half in the post, the agency said Tuesday.

Read full article »

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Re: USA 2024 Elections Thread

[grarpamp]

Donald J Trump Won The 2020 US Presidential Election

Donald J Trump Did Nothing Wrong

All "prosecutions" and "trials" against Trump have been nothing
more than manufactured political operations from the Left and
the Deep State covered up and protected and promulgated by
the Fake News Media, all in order to keep actual Peace and
Freedom from winning the White House, and to keep puppets in it.

https://twitter.com/TuckerCarlson/status/1758529993280205039
Conversation between Tucker Carlson and @MikeBenzCyber
Ep. 75 The national security state is the main driver of censorship
and election interference in the United States. "What I’m describing
is military rule," says Mike Benz. "It’s the inversion of democracy."

Re: FreeSpeech and Censorship: Thread

[grarpamp]

https://twitter.com/TuckerCarlson/status/1758529993280205039
Conversation between Tucker Carlson and @MikeBenzCyber
Ep. 75 The national security state is the main driver of censorship
and election interference in the United States. "What I’m describing
is military rule," says Mike Benz. "It’s the inversion of democracy."

Alarming New Satellite Can Spy on Individual People

[jdb10987]

I found this on NewsBreak: Alarming New Satellite Can Spy on Individual People https://share.newsbreak.com/67wbtbey