Sep 11, 2007
For our typhoon and landslide victims. Don't lose hope.
I leave this by your ear for when you wake:
Prayers. Stacked all over the floor, these petitions
to redress their grievances, are most urgent.
But what do I know, I'm only the sun,
your messenger. I must admit I didn't have the time
to read them all since I have to travel back
across the globe soon, to deliver.
No wonder you're so tired, but you must have
read them all anyway. Some of the men
have been clamoring for a raise. I don't complain,
I'm already as high up as I want, but the others...
The moon's been pulling the tide to her side, I hear.
Careful, those unions are tricky. They have the wind
and rain running all over the place lately,
typhoons holding a rally in the pacific. It's frustrating
because there are places I cannot reach.
And you tell me no work no pay. The landslide
wasn't my fault. Those mud-tapes are too thick
for me to step through. Its dark in those parts,
but you, you can reach them.
I see the mud crusts on your feet and I smile,
even with the airmail over
on her side, they have you.
I know you won't let them down. It's because of you
that they have the strength to appeal
their petitions dismissed, with costs.
Labels: law, rain, sun, typhoon
Aug 22, 2007
They serve Democracy
on a chess table
with Morton's Fork.
Pawns are skewered
this way, unevenly roasted
for the sake of majority rule:
"Political equality
are for those who belong
to the same rank and file."
Come Passover, rooks
are poised to take flight
by dessert, to storm
the endgame fortress
of fundamental freedoms
threatened to fall
to a Fool's mate
Labels: chess, law, philosophy, poetry, politics
Mar 11, 2007
The war against piracy has literally "gone to the dogs."Meet Flo and Lucky, two black labradors, who are 'specially trained' to sniff out pirated dvds in London. This was the brain-child of allies The Federation Against Copyright Theft (FACT), express delivery company FedEx and HM Revenue & Customs to combat the problem of dvd piracy, according to a press release last year from the MPAA (Motion Picture Association of America).
Supposedly they are trained to find large shipments of optical discs that may be located in boxes, envelopes or other packaging, as well as discs concealed amongst other goods which could be sold illegally. They've been put to work in the Stansted Airport in the United Kingdom.
Of course, its physically impossible for them to distinguish between pirated DVDs, perfectly legal original ones and even legally copied ones. (Details they've overlooked)
Of course, it is already accepted practice that dogs be deployed to sniff out contraband like drugs, chemicals, bombs etc. in airports. That's understandable. The Supreme Court has ruled that airport searches are permissible. The search is made pursuant to routine airport security procedure, which is allowed under Section 9 of Republic Act No. 6235 reading as follows:
Supposedly they are trained to find large shipments of optical discs that may be located in boxes, envelopes or other packaging, as well as discs concealed amongst other goods which could be sold illegally. They've been put to work in the Stansted Airport in the United Kingdom.
Of course, its physically impossible for them to distinguish between pirated DVDs, perfectly legal original ones and even legally copied ones. (Details they've overlooked)
Of course, it is already accepted practice that dogs be deployed to sniff out contraband like drugs, chemicals, bombs etc. in airports. That's understandable. The Supreme Court has ruled that airport searches are permissible. The search is made pursuant to routine airport security procedure, which is allowed under Section 9 of Republic Act No. 6235 reading as follows:
SEC. 9. Every ticket issued to a passenger by the airline or air carrier concerned shall contain among others the following condition printed thereon: "Holder hereof and his hand-carried luggage(s) are subject to search for , and seizure of, prohibited materials or substances. Holder refusing to be searched shall not be allowed to board the aircraft," which shall constitute a part of the contract between the passenger and the air carrier.
That's understandable since the contraband have a unique smell. In this case, the dogs sniff out the optical discs. It is impossible to sniff out the DATA. Simply because of its nature... it's incorporeal. It would be reasonable if the discs look physically/extrinsically like pirated dvds. Then it would be no different than a regular airport/customs security procedure. But what about personal dvds, of pictures, home movies... those with no apparent labeling. Or maybe personal labeling. Once the dogs find them, will they check each and every disc's content? Time consuming not to mention ineffective.
Wouldn't that constitute a fishing expedition under the guise of 'stop and frisk' and 'customs' exceptions? So the dogs just find any package, box, luggage carrying any optical disc and only after do they check the content? Or maybe there is a presumption that one automatically consents to a search whenever one ships a box...
From what I can recall, searches and seizures without warrants are permissible in cases where the objective is reasonable. I am having trouble finding the "reasonable" in this dog-deal. Permissible presumes that they are in fact effective. A useless search can never be reasonable. I can only imagine the time consumed in checking each and every file in an optical disc found, and classify it under legal original, legal copy or illegal copy... A function only a human can perform.
Anyhow it can be argued either way. On the other hand, at least the dogs can't be bribed. Can't say the same for some customs/airport officials... *shakes head*
whatever... the dogs are still adorable.
Wouldn't that constitute a fishing expedition under the guise of 'stop and frisk' and 'customs' exceptions? So the dogs just find any package, box, luggage carrying any optical disc and only after do they check the content? Or maybe there is a presumption that one automatically consents to a search whenever one ships a box...
From what I can recall, searches and seizures without warrants are permissible in cases where the objective is reasonable. I am having trouble finding the "reasonable" in this dog-deal. Permissible presumes that they are in fact effective. A useless search can never be reasonable. I can only imagine the time consumed in checking each and every file in an optical disc found, and classify it under legal original, legal copy or illegal copy... A function only a human can perform.
Anyhow it can be argued either way. On the other hand, at least the dogs can't be bribed. Can't say the same for some customs/airport officials... *shakes head*
whatever... the dogs are still adorable.
Feb 11, 2007
"When a change comes, some species feel the urge to migrate, they call it zugunruhe. "A pull of the soul to a far off place," following a scent in the wind, a star in the sky. The ancient message comes calling the kindred to take flight and gather together. Only then they can hope to survive the cruel season to come."
-"from Heroes", episode 5
Zugunruhe is a scientific term used to describe the migratory drive in animals, especially birds. The instinct for survival is an innate characteristic which all living beings share. Now we also see this behavior at play in the political arena. Politicians agree that election campaigning is a media war. These months will see that coming war as the May 2007 Elections looms near... and that has caused the zugunruhe of politicians to a new battlefield: the INTERNET.
Senatorial candidate and House minority leader Francis “Chiz” Escudero has migrated to the World Wide Web for his campaign. According to GMA7, he is the first Filipino senatorial candidate to use live Internet technology to explain his platform of government.
Senatorial candidate and House minority leader Francis “Chiz” Escudero has migrated to the World Wide Web for his campaign. According to GMA7, he is the first Filipino senatorial candidate to use live Internet technology to explain his platform of government.
He has already launched his official website and FRIENDSTER account [hats off to him... Friendster is probably the most widely visited site by Filipinos with over 5 Million users. His first account is already full, by the way, so he made another one...with already a friend count of 740.]Escudero said:
“The Internet is the best way to reach people outside the country and share ideas with them in real time. Through this technology, I hope to hear what is on their minds. I am ready to answer questions they raise and explain my stand on issues relevant to my candidacy.”
Already more politicians are hopping on the internet bandwagon, after all it does level the playing field since the internet and its innovations, like blogs and podcasting, can be availed of without spending as much resources as one would normally spend on traditional campaigning.
According to the rules of the Commission on Elections and the Fair Elections Act, national candidates are limited to 120 minutes of television broadcasting time, and 180 minutes for radio. Asked whether these rules allow the poll body to regulate political advertisements appearing on the Internet, Comelec chairman Benjamin Abalos replied: " How can we control that? We have no jurisdiction [on the Internet]."
As usual, the law is slow on its feet, it has yet to catch up with this technological evolutions. But how does one regulate political advertising on the internet without bashing heads with Constitutional issues, like freedom of speech. I feel this is just the beginning. But as early as now, one can hear the warhorn sound in the distance...
"Evolution is imperfect and often a violent process. A battle between what exists and what is yet to be born. Amidst these birth pains, morality loses its meaning, the question of good and evil reduced to one simple choice: survive or perish."
-from "Heroes", episode6
Labels: cyberlaw, law, philosophy, politics
Jan 18, 2007
"The battle is over, but the war hasn't been won"
Such a depressing line when it comes to writing pleadings. After a grueling month of 36-48 hour days (yes, my day does not consist of a mere 24 hrs) I can finally see my work. (started from scratch by the way) Who says I cannot be creative in a pleading?
Anyway, the rules don't allow me to talk about it, but its safe to say that at first, I felt good taking this picture. (don't bother looking, i covered the names up, except yours truly of course).
I found myself liking the work... I am beginning to discover the workaholic in me. However,Anyway, the rules don't allow me to talk about it, but its safe to say that at first, I felt good taking this picture. (don't bother looking, i covered the names up, except yours truly of course).
every paragraph there represented an opportunity cost, in my so-called life. And this I only realized, when people, finally running out of patience from my late night typing and paper shuffling, started slamming the door shut behind them, and I... kept
moving
on
to
the
next
paragraph.
on
to
the
next
paragraph.
i find myself asking the proverbial question, is this really what i want? i had said yes before, but then again i have not yet felt the aftermath then. Now, as the silence creeps in, there's nothing but an empty road in front of me.
Jan 7, 2007
The clock is ticking and with every day that passes, my anxiety builds. I am at a crossroads looking down the different paths unsure of what they may hold for me. Choices are never easy because ultimately, there will always be consequences. Always. I can choose to stay still and be comfortable in this bubble but I cannot ignore the consequences of staying still... So I must choose and time is running out.
"If god doesn't exist then this life....every second of it...is all we have"
-Anne Rice
Law school has changed my perspective a lot. Four years and just little over a month to go before graduation... . I still have some doubts. Maybe I'm still searching for a some sort of meaning despite the ruined expectations of a noble profession. It is a noble profession... in an imperfect system... practiced by imperfect men (and women). This (formerly) innocent child has learned that the world isn't as pretty as she would like to think. Law and Justice were supposed to be synonymous... but I have been told that that was a misconception. Justice is found within the bounds of the law, and only within it, so if the law itself is imperfect, then justice too will be imperfect. Truth, in law is not the same as the TRUTH. Truth is what can be proven in court -- judicial truth... My head is spinning. I am reminded of the fantasy books I read, and find comfort in some, maybe more comfort than I could find in my law books:
"The evil are guilty, and create Law. The good are innocent, and create Justice."
-Terry Pratchett
Our professors encourage us to change the system. To fight it even. I'm just feeling a little small. My uncle had decided to lecture me on the "profession." "We lawyers end up as crooks," he says. "At least the famous ones do..." Sigh. I refuse to believe it. Belief is a strong thing. It can change one's life so one must always be careful in choosing what they wish to believe in. (Faith comes under this category- but that's another entry...)
"Wizard's First Rule: People are stupid; given proper motivation, almost anyone will believe almost anything. Because people are stupid, they will believe a lie because they want to believe it's true. People's heads are full of knowledge, facts, and beliefs, and most of it is false, yet they think it all true. People are stupid; they can only rarely tell the difference between a lie and the truth, and yet they are confident they can, and so are all the easier to fool"
-Terry Goodkind-Wizards First Rule
True, the public does not hold lawyers in high esteem. There must be a basis somewhere. But as an afterthought, we aren't all alike. There must be some honor left in this world. There I go dreaming again... But I will TRY. I am not afraid. I am not afraid. After all, this is what I want.... isn't it?
"Fear rules those weak enough to accept it."
-Greven il-Vec, Magic: The Gathering
Create Your Own Countdown
Jan 1, 2007
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Happy new year everyone! As usual, I finished my cleaning frenzy a few hours before the start of the new year (out with old and in with the new routine). As I waited for the people from the junk shop to come over and haul my discarded things, I noticed that the amount of paper I wasted came up to hip high piles (duh... im a law student). The picture is only last sem's readings plus miscellaneous drafts from OLA work. (By the way, I throw these out since I'm highly allergic to dust and the photocopy ink, a health hazard for me and also for those poor trees.)
I really think that not only the government but also schools should start going paperless. Law schools in particular. I'm glad that lex libris and elibrary has come out with student editions, but unfortunately the price does not fit an ordinary student's budget. So people like me, although allergic to dust magnets and photocopy ink, have to endure the skin rashes just to be able to comply with the daily reading assignments we have. Fortunately, our infotech class lets me take a breather from my antihistamines by having the readings online.
The change will come eventually I suppose. Our government has already jumped on the paperless bandwagon and even our own Supreme Court has taken an interest in this matter ever since the Regional Judicial symposium last July 2006 which was held in Singapore. The Supreme Court of Singapore has advocated the use of "paperless courts"” where parties could submit their pleas electronically and have their cases calendared likewise.
Some cool stuff about Singapore's Supreme Court (I wish we have this soon)
1. From the entrance to the lobby you can check the schedule of hearings from a computer screen,
2. In the bistro, you can while away time in a bar while waiting for your case to be called through SMS. (I love this one, no loitering outside courts or being stared at by detainees)
3. ATM inside the Supreme Court where you can pay your bills, access your banking accounts, and plead guilty to a traffic violation and pay the corresponding fine.
This kind of ambiance is something that will surely make the practice of law and judicial work an enjoyable experience. And in turn, hopefully these new developments will spill over to law schools and make our stay in law school errr... healthier.
So guys, lets help out with the paperless advocacy, if not for the reasons above, then think about all those trees we're killing and the boxes of files in OLA that we have to literally dig through in order to get the right file. :)
I really think that not only the government but also schools should start going paperless. Law schools in particular. I'm glad that lex libris and elibrary has come out with student editions, but unfortunately the price does not fit an ordinary student's budget. So people like me, although allergic to dust magnets and photocopy ink, have to endure the skin rashes just to be able to comply with the daily reading assignments we have. Fortunately, our infotech class lets me take a breather from my antihistamines by having the readings online.
The change will come eventually I suppose. Our government has already jumped on the paperless bandwagon and even our own Supreme Court has taken an interest in this matter ever since the Regional Judicial symposium last July 2006 which was held in Singapore. The Supreme Court of Singapore has advocated the use of "paperless courts"” where parties could submit their pleas electronically and have their cases calendared likewise.
Some cool stuff about Singapore's Supreme Court (I wish we have this soon)
1. From the entrance to the lobby you can check the schedule of hearings from a computer screen,
2. In the bistro, you can while away time in a bar while waiting for your case to be called through SMS. (I love this one, no loitering outside courts or being stared at by detainees)
3. ATM inside the Supreme Court where you can pay your bills, access your banking accounts, and plead guilty to a traffic violation and pay the corresponding fine.
This kind of ambiance is something that will surely make the practice of law and judicial work an enjoyable experience. And in turn, hopefully these new developments will spill over to law schools and make our stay in law school errr... healthier.
So guys, lets help out with the paperless advocacy, if not for the reasons above, then think about all those trees we're killing and the boxes of files in OLA that we have to literally dig through in order to get the right file. :)
Nov 7, 2006
For as long as I can remember, I've always been told that my head was up in the clouds. I enjoyed fairy tales as a child, imagining myself as a knight in shining armor slaying dragons and basilisks (I was not the damsel in distress). My imagination didn't stop after I graduated high school, as I grew older, I devoured thicker fantasy novels, like Tolkien and Robert Jordan. In college I was introduced to the world of tabletop RPG like Dungeons and Dragons, Vampires and Pirates. I found friends who shared the same interests and so I grew from a daydreamer to a normal social college girl (though it may have been a geeky social circle).
Little did I know that the internet was the next step in turning my fantasy world into reality. My alter ego went to law school, finally answering the demands of reality, but in those rare moments where I was able to relax from the rigors of studying, I discovered the virtual world of online gaming. Little by little online games mushroomed all over the Philippines. The old school chatting and challenging Starcraft and Warcraft battles bred online WORLDS of Ragnarok, Tantra, MU, Final Fantasy IX. My head was spinning. I was hooked.
An online Role Playing Game (RPG) is a game type where several (typically several thousand) players act simultaneously in the same server based world. It's basically a graphically illustrated MUD --Multi User Dungeon: text based, role playing games which are played over a telnet connection. So instead of sitting with your friends with a cup of dice, all you need is a computer and you're all set to walk or gallop into the new world. Traveling at the speed of a click of a mouse, one can interact with other players from across the globe to trade weapons and amulets etc.
Whether they take the form of games, social spaces, or educational environments, virtual worlds are now truly global in scope. The popularity of virtual worlds in Asia is phenomenal. From Thailand and Malaysia to Indonesia and the Philippines, the Asia Pacific region's on-line gaming market generated approximately $1.4 billion in annual revenues last year – a figure that is expected to reach $3.6 billion by the end of the decade. By creating an alternate world online, territorial boundaries disappear and cultures collide, which without regulation, is a sure recipe for controversies.
To give an example, some of the controversies are related to intellectual property, real-money transfer, gaming as political speech, time-limit addiction laws and the policing of Internet cafes. I've experienced people trying to sell their online weapons and armors for real money. So people meet up in malls to trade characters with real money. This is a scam waiting to happen, if it hasn't already. I've also seen a bit of racial profiling where Western players refuse to deal with Chinese players, discriminating them based on language skills.
In short, this area of the internet has so much potential to turn into a truly global civil society, not only is it a gaming world where you kill monsters for experience points, it is an interactive world with real human relations which opens the doors to the free exchange of ideas... or not. For now, I see that regulation is very much needed in order for this new world to flourish and benefit the human race in the long run. There are a lot more specific issues relating to the virtual gaming worlds. But for now...
LET THE GAMES BEGIN.
Little did I know that the internet was the next step in turning my fantasy world into reality. My alter ego went to law school, finally answering the demands of reality, but in those rare moments where I was able to relax from the rigors of studying, I discovered the virtual world of online gaming. Little by little online games mushroomed all over the Philippines. The old school chatting and challenging Starcraft and Warcraft battles bred online WORLDS of Ragnarok, Tantra, MU, Final Fantasy IX. My head was spinning. I was hooked.
An online Role Playing Game (RPG) is a game type where several (typically several thousand) players act simultaneously in the same server based world. It's basically a graphically illustrated MUD --Multi User Dungeon: text based, role playing games which are played over a telnet connection. So instead of sitting with your friends with a cup of dice, all you need is a computer and you're all set to walk or gallop into the new world. Traveling at the speed of a click of a mouse, one can interact with other players from across the globe to trade weapons and amulets etc.
Whether they take the form of games, social spaces, or educational environments, virtual worlds are now truly global in scope. The popularity of virtual worlds in Asia is phenomenal. From Thailand and Malaysia to Indonesia and the Philippines, the Asia Pacific region's on-line gaming market generated approximately $1.4 billion in annual revenues last year – a figure that is expected to reach $3.6 billion by the end of the decade. By creating an alternate world online, territorial boundaries disappear and cultures collide, which without regulation, is a sure recipe for controversies.
To give an example, some of the controversies are related to intellectual property, real-money transfer, gaming as political speech, time-limit addiction laws and the policing of Internet cafes. I've experienced people trying to sell their online weapons and armors for real money. So people meet up in malls to trade characters with real money. This is a scam waiting to happen, if it hasn't already. I've also seen a bit of racial profiling where Western players refuse to deal with Chinese players, discriminating them based on language skills.
In short, this area of the internet has so much potential to turn into a truly global civil society, not only is it a gaming world where you kill monsters for experience points, it is an interactive world with real human relations which opens the doors to the free exchange of ideas... or not. For now, I see that regulation is very much needed in order for this new world to flourish and benefit the human race in the long run. There are a lot more specific issues relating to the virtual gaming worlds. But for now...
LET THE GAMES BEGIN.
Labels: law
