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<title>Techdirt. Stories filed under &quot;washington&quot;</title>
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<image><title>Techdirt. Stories filed under &quot;washington&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
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<pubDate>Fri, 26 Apr 2013 08:21:00 PDT</pubDate>
<title></title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130419/15503622772/washington-state-allows-third-parties-to-brand-youthful-offenders-life-low-low-price-only-69-record.shtml</link>
<guid>http://www.techdirt.com/articles/20130419/15503622772/washington-state-allows-third-parties-to-brand-youthful-offenders-life-low-low-price-only-69-record.shtml</guid>
<description><![CDATA[ Being charged with a crime as a juvenile isn't supposed to haunt you for the rest of your life. In most cases, juvenile offenders can have their records sealed once they hit adulthood (18-21, depending on state law). There are some exceptions, varying from state to state -- certain felonies and most sex offenses are not allowed to be sealed.
<br /><br />
Unfortunately for juvenile offenders in the state of Washington, these criminal records can haunt them well into adulthood, <a href="http://mynorthwest.com/646/2251996/The-real-cost-of-selling-juvenile-records-for-pennies-per-name" target="_blank">thanks to the state's willingness to trade kids' futures for cash</a>.
<blockquote>
<i>While it's true that records can be sealed or expunged when someone turns 18, it's often too late in Washington.</i>
<br /><br />
<i>Companies have contractual agreements with the state to be able to gather felony records in a mass download. Those companies then make the information available on the Internet. Landlords, employers and educational institutions can do a simple search and find the information.</i></blockquote>
Offenses committed by juveniles are being given a chance to live on well past their supposed expiration date. In these states, a youthful offender now has a chance to be punished for his or her mistake for years to come. And this "opportunity" to become a lifelong offender has a bargain basement price tag.
<blockquote>
<i>"About 27,500 records a year are sold and we only make $19,000 as a state in revenue off of it, so we're talking about 69 cents per name for a kid's future," [Barry Stober, executive assistant of the Washington State Commission on African American Affairs] says.</i></blockquote>
It's tough to turn your life around when employers running background checks are greeted with offenses that should have been sealed or expunged years ago. Stober relates the story of a teen arrested for joyriding who acquired his GED while spending two years in detention only to find himself turned down for financial aid and unable to get a job (despite earning a degree) thanks to being permanently marked a felon by background check companies.
<br /><br />
Not only does this distribution hurt the former offenders, it hurts the state itself. As Scott Greenfield points out, <a href="http://blog.simplejustice.us/2013/04/16/only-69-to-ruin-a-kids-life.aspx" target="_blank">treating juvenile records as sellable goods does long term damage to everyone involved</a>.
<blockquote>
<i>When "checking out" a potential employee, tenant, student, the effort stops dead at the word "felon," if not at the fact that the person has a criminal record at all. There are too many young people looking for jobs, apartments, seats in college to spend too much time with the bad seeds. Nobody is going to make the effort to investigate the underlying offense, the circumstances, the person behind the crime. If there's a crime, there is another kid waiting behind him without a record.</i>
<br /><br />
<i>This gives rise to a permanent underclass that will have constant problems getting an education, a job, a home, all for some dumb move made as a kid. Maybe even for something that should never have resulted in a conviction at all, but for lack of parental love and assistance, an assembly-line system and <a href="http://blog.simplejustice.us/2009/02/14/tell-it-to-the-children.aspx" target="_blank">even judges looking to make their own buck off them</a>. But once it's sold to some vulture business, it follows them forever. All for about 69&cent; per child.</i></blockquote>
Washington is stacking the deck against its own future. Recidivism is always going to be an issue, but short-sighted moves like this make this behavior almost inevitable. A young adult who can't get a decent job or receive financial aid is going to look elsewhere for opportunity. If a life of crime seems to be the path of least resistance, the state has to take some of the blame for the outcome.
<br /><br />
Stober's trying to fix this law and has started a <a href="http://www.change.org/petitions/state-of-washington-stop-the-sale-and-distribution-of-juvenile-criminal-records" target="_blank">Change.org petition</a> aimed at stopping the sale and distribution of juvenile records. At the very least, Washington should limit what purchasers can do with the data, <a href="http://www.beforeyouplea.com/ky" target="_blank">like Kentucky has done</a>, limiting use to "evaluation, research or statistical activities" and requiring the purchasing entity to sign an agreement stating the information won't be abused. (<a href="http://www.beforeyouplea.com/mo" target="_blank">Michigan <i>can</i> sell this data</a>, although there doesn't seem to be any evidence that it has. There's currently nothing on the books prohibiting it from doing so. Juvenile arrest records are also available via a FOIA request.)
<br /><br />
Better yet, Washington should just stop the selling of data altogether. It's one thing to make records available publicly on adult offenders. It's quite another to allow third parties to continue punishing former juvenile offenders for actions the state has effectively declared "never happened."<br /><br /><a href="http://www.techdirt.com/articles/20130419/15503622772/washington-state-allows-third-parties-to-brand-youthful-offenders-life-low-low-price-only-69-record.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130419/15503622772/washington-state-allows-third-parties-to-brand-youthful-offenders-life-low-low-price-only-69-record.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130419/15503622772/washington-state-allows-third-parties-to-brand-youthful-offenders-life-low-low-price-only-69-record.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>the-scarlet-letter-meets-columbia-house</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130419/15503622772</wfw:commentRss>
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<pubDate>Mon, 15 Apr 2013 05:59:24 PDT</pubDate>
<title>Washington State Apparently Taxes Clubs For People Saying On Yelp That They Danced</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20130412/08264122688/washington-state-apparently-taxes-clubs-people-saying-yelp-that-they-danced.shtml</link>
<guid>http://www.techdirt.com/articles/20130412/08264122688/washington-state-apparently-taxes-clubs-people-saying-yelp-that-they-danced.shtml</guid>
<description><![CDATA[ <p>
Dancing, what could be more controversial? Whether it's arresting NYC subway travelers for doing the <a href="http://www.techdirt.com/articles/20120710/08455719645/couple-arrested-dancing-nyc-subway-platform.shtml">charleston</a>, or body slamming anyone dancing silently at a <a href="http://www.techdirt.com/articles/20110602/04271714524/do-little-dance-make-little-loveget-bodyslammed-tonight-jefferson-memorial.shtml">memorial</a> to freedom, there appears to be something our government dislikes about musically-induced gyrations. With that in mind, it's with a total lack of surprise that I report that the state of Washington is attempting to make up the tax revenue they forgave Microsoft by <a href="http://jeffreifman.com/2013/04/12/seattle-dance-clubs-fundraise-to-pay-microsofts-tax-bill/">finding any clubs in Seattle that offer patrons an "opportunity to dance"</a> and taxing the testicles off of them. It all began, apparently, when state lawmakers revised their software royalty tax because of Microsoft.
<blockquote>
<i>In April 2010, Washington State&rsquo;s Legislature changed the definition of its software royalty tax and effectively granted amnesty to Microsoft, <a href="http://jeffreifman.com/2013/04/09/the-third-anniversary-of-washington-states-big-tax-gift-to-microsoft/">helping the company lock up $1.51 billion in savings from its thirteen-year Nevada tax dodge</a> - and more than $100 million annually each year into the future.</i>
</blockquote>
Well, it wouldn't do for the state to simply have less tax revenue, so to make that amount up they decided to shake down Seattle clubs with a relatively ancient tax on "opportunities to dance" and demanding back taxes from tons of clubs. Just to throw out some numbers, we're talking about tens and even hundreds of thousands of dollars owed <i>per club</i>. Moreover, this tax was actually never intended to be applied to night clubs, ballrooms, or bars. It was <a href="http://www.centuryballroom.com/home/events/opportunity-dance">originally meant for clubs that partook</a> in some ancient ritual called "jazzercise". Now it's being selectively reinterpreted to tax these clubs, even if their patrons don't dance at all.
<blockquote>
<i>It works like this: If the state believes that you give your patrons the opportunity to dance, then you pay the tax even when people don&rsquo;t dance. That&rsquo;s according to Mike Gowrylow, with the Department of Revenue. Gowrylow: &ldquo;You could have somebody go into a nightclub, or a bar, or tavern, and they pay cover charges. Unless you followed every person around, you wouldn&rsquo;t know if they actually danced or not, so the only simple way we could have of defining this is if you give them the opportunity to dance, then the tax applies.&rdquo;</i>
</blockquote>
This has led to a sadly hysterical practice by club owners that involves strategically placing club furniture throughout their floors as a sort of obstacle course to prevent dancing. No, <i>seriously</i>, that is actually happening.
<br /><br />
That said, while government could win championships in evil, they're not real big on doing actual work, so you'd imagine it would be quite difficult for Department of Revenue employees to go to different clubs and bars to see if the obstacle courses are obstacle-y enough to warrant no taxation. As it turns out, they don't even bother. Instead, they just troll the internet to see if anyone mentions any dancing at these places. Seriously.
<blockquote>
<i>Gowrylow says auditors search the Internet to find out whether people dance at specific clubs. One clubowner reports an auditor told him: &ldquo;You have the opportunity to dance, and we verified it by 8 or 10 different references on Yelp.&rdquo;</i>
</blockquote>
Think it can't get any stupider? Wrong. One club offers this.
<blockquote>
<i>&ldquo;My auditor&hellip; came in with an obituary of a girl who committed suicide,&rdquo; says another club owner. &ldquo;When I argued that we aren&rsquo;t primarily a dance club&mdash;we have &lsquo;No Dancing&rsquo; signs up everywhere&mdash;she flashed this obit that said the girl liked to dance at [our club]. The auditor said, &lsquo;I know this is ridiculous, but I have to do this.&rsquo;&rdquo;</i>
</blockquote>
Yay, bureaucracy. To pay these thousands-of-dollars fines, many of the clubs in Seattle are asking for donations, noting that, if something in the assessments doesn't change, their businesses may not survive. I know a decent-sized software company that should probably be donating right about now.
</p><br /><br /><a href="http://www.techdirt.com/articles/20130412/08264122688/washington-state-apparently-taxes-clubs-people-saying-yelp-that-they-danced.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130412/08264122688/washington-state-apparently-taxes-clubs-people-saying-yelp-that-they-danced.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130412/08264122688/washington-state-apparently-taxes-clubs-people-saying-yelp-that-they-danced.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>tax-tax-revolution</slash:department>
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<pubDate>Thu, 11 Apr 2013 15:51:00 PDT</pubDate>
<title>Proposed WA Bill Would Allow Employers To Request Facebook Passwords</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20130405/09461122596/wa-bill-allowing-employers-to-request-facebook-passwords.shtml</link>
<guid>http://www.techdirt.com/articles/20130405/09461122596/wa-bill-allowing-employers-to-request-facebook-passwords.shtml</guid>
<description><![CDATA[ The issue of employers reviewing and seeking to <a href="http://www.techdirt.com/articles/20090618/1444465282.shtml">access</a> the social media accounts of their applicants and employees is now several years old. To be honest, I'm more than a bit surprised the conversation persists, since it seems such an easy one to resolve, but I'll get to that in a bit. Still there are some companies who do <a href="http://www.techdirt.com/articles/20120321/14383118190/should-we-outlaw-employers-asking-social-networking-logins.shtml">ask</a> for social media login info.  While there's been some discussion about laws to forbid this practice, some in Washington state are trying to go in the other direction.  Taking a bill that was constructed specifically to <i>safeguard</i> the passwords of applicants and employees, a proposed amendment would instead <a href="http://seattle.cbslocal.com/2013/04/03/washington-bill-would-allow-employers-to-seek-workers-facebook-passwords/">codify into law a company's <b>right to request those passwords</b></a> for the purposes of an "investigation." Via reader <a href="http://www.techdirt.com/user/akp">akp</a>:
<blockquote>
<i>The amendment says that an employer conducting an investigation may require or demand access to a personal account if an employee or prospective employee has allegations of work-place misconduct or giving away an employer&rsquo;s proprietary information. The amendment would require an investigation to ensure compliance with applicable laws or regulatory requirements.</i></blockquote>
<blockquote>
<i>Under the amendment, employees would be present when their social network profiles are searched and whatever information found is kept confidential, unless it is relevant to a criminal investigation.</i></blockquote>
One could easily be fooled into seeing this as reasonable compromise when it is in fact nothing of the sort. Let's be clear on what social media is and is not. A Facebook account can include aspects that are both public and private. The very nature of the site's privacy controls prove that to be the case. If I choose to share thoughts, messages, or anything else exclusively with my friends, which Facebook indeed allows me to do, what should it matter if those friends are sitting next to me on my couch or seated on their own couches reading my words on a website? It shouldn't, yet this amendment would open up those thoughts and communiques to corporate fishing expeditions. Worse, it would open up the responses of any of my comrades to those same investigations. Were I to use company equipment for any of this, that can and should be reviewed by my employer, but a line is crossed when a password is given. No longer is the company investigating what their employer has done on the company machine, they're investigating the account. That's completely different.
<br /><br />
Moreover, the clamor over company secrets and financial information being disseminated via social media seems to me to be manufactured outrage. How many victims of this sort of thing have there been compared to the massive breaches in that same information occurring due to poorly insulated networks? I would think corporate America should want to get its own house in order before strolling through mine. That the bill includes broad language allowing for investigations over "work-related misconduct" makes it all the more worrisome, as the EFF rightly notes.
<blockquote>
<i>This amendment "says they have a right to enter your digital home," [Dave] Maass said. "It's astounding that they would try to codify this and that all employers could do this&hellip; the national trend is to move away from this. It's shocking that the amendment is going in the right opposite direction."</i></blockquote>
Part of that trend includes the CFAA, which potentially makes <a href="https://www.techdirt.com/articles/20130406/22004022615/which-ny-times-reporter-jenna-wortham-accidentally-reveals-how-she-violated-both-cfaa-dmca.shtml">logging into</a> other people's social media accounts, or giving out your password to anyone, a crime. Under those auspices, would every company that asked for the passwords in these investigations be party to criminal conduct? I would think those details would be ironed out in some way, but when you have to massage the bill to get around privacy of citizens, rather than protecting their privacy, you know you've got a bad bill.<br /><br /><a href="http://www.techdirt.com/articles/20130405/09461122596/wa-bill-allowing-employers-to-request-facebook-passwords.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130405/09461122596/wa-bill-allowing-employers-to-request-facebook-passwords.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130405/09461122596/wa-bill-allowing-employers-to-request-facebook-passwords.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>no-more-private-life</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130405/09461122596</wfw:commentRss>
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<pubDate>Mon, 10 Dec 2012 20:06:00 PST</pubDate>
<title>Washington State Stops Trying To Defend Unconstitutional Law Criminalizing Service Providers</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121207/09473121308/washington-state-stops-trying-to-defend-unconstitutional-law-criminalizing-service-providers.shtml</link>
<guid>http://www.techdirt.com/articles/20121207/09473121308/washington-state-stops-trying-to-defend-unconstitutional-law-criminalizing-service-providers.shtml</guid>
<description><![CDATA[ Earlier this year, we wrote about a ridiculous state law up in Washington that sought to <a href="http://www.techdirt.com/articles/20120615/15111319349/washington-state-tries-to-criminalize-service-providers-user-behavior-internet-archive-sues.shtml">place liability</a> on service providers for the actions of their users, all in the name of "protecting the children!"  The Internet Archive quickly sued to stop the implementation of the law, winning a quick <a href="http://www.techdirt.com/articles/20120727/16205219861/court-shelves-washington-state-law-that-would-turn-service-providers-into-criminals-based-their-users-behavior.shtml">injunction</a> blocking the law from being put into place.  The court made it pretty clear that the law appeared to violate Section 230 of the CDA, the federal law that grants service providers clear immunity from certain user actions.
<br /><br />
While the case had continued to move forward, Washington has now <a href="https://www.eff.org/press/releases/washington-state-drops-defense-unconstitutional-sex-trafficking-law" target="_blank">decided to stop trying to defend the law</a>, effectively letting it die.  Of course, you might still wonder why it was passed in the first place, but of course, the answer to that is basic politics.  Either way, some states like to fight these kinds of things through multiple levels of appeals, wasting taxpayer money all the way, so it's nice that Washington state seemed to know to stop digging early on in the process.<br /><br /><a href="http://www.techdirt.com/articles/20121207/09473121308/washington-state-stops-trying-to-defend-unconstitutional-law-criminalizing-service-providers.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121207/09473121308/washington-state-stops-trying-to-defend-unconstitutional-law-criminalizing-service-providers.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121207/09473121308/washington-state-stops-trying-to-defend-unconstitutional-law-criminalizing-service-providers.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>moving-on</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121207/09473121308</wfw:commentRss>
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<pubDate>Fri, 22 Jun 2012 11:16:00 PDT</pubDate>
<title>Get Ready For The Political Fight Against Encryption</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120615/11345519344/get-ready-political-fight-against-encryption.shtml</link>
<guid>http://www.techdirt.com/articles/20120615/11345519344/get-ready-political-fight-against-encryption.shtml</guid>
<description><![CDATA[ Among our many commenters here, we have one "regular" critic who presents himself as being actively involved in "policy circles" in Washington DC, and who was clearly active in the SOPA/PIPA efforts in trying to write those bills and get them passed.  This individual provided enough information (along with plenty of insults in our direction) in the comments to make it clear that they were heavily involved -- if at a low level -- in those efforts.  As the debate over this bills wore on and people kept pointing out how encryption would make them all moot in the long run, the commenter declared a few times his (or her?) next target: outlawing encryption.  This is, of course, laughable.  But if someone who is actually connected to that world thinks that it's a viable idea, then you know that it's only a matter of time until someone actually makes a hamfisted attempt at doing something like trying to outlaw VPNs.  That this would <a href="http://www.techdirt.com/articles/20120105/13282317290/us-state-dept-dont-censor-internet-unless-we-order-you-to-as-we-did-spain.shtml">go against</a> the very same governments' efforts on "internet freedom" is generally ignored.  Cognitive dissonance is strong with this crowd.
<br /><br />
That said, with countries like the UK proposing legislation to <a href="http://www.techdirt.com/articles/20120614/14141919329/uk-snoopers-charter-seeks-to-eliminate-pesky-private-communications.shtml">snoop on all communications</a> -- including encrypted ones -- the folks over at TorrentFreak are right to be wondering <a href="http://torrentfreak.com/how-long-before-vpns-become-illegal-120615/?utm_source=dlvr.it&#038;utm_medium=twitter" target="_blank">how long it will be until someone tries to ban VPNs</a>.  Some more authoritarian countries have tried to effectively do so already (without much luck), but as our anonymous commenter suggested above, this idea is at least being considered by plenty of so-called democracies as well.
<br /><br />
Thankfully, there would be plenty of powerful forces to fight back against any such attempt.  Beyond regular internet users speaking out (ala the SOPA/ACTA protests), you'd also have plenty of companies who rely on encryption and VPNs for their efforts to keep people and data safe.  Considering Congress is already suggesting that it should <a href="http://www.techdirt.com/articles/20120606/17382119230/linkedin-passwords-leaked-congress-immediately-wants-to-do-something.shtml">get involved</a> in forcing companies to better protect data, it would be ironic (though, not surprising) to then find them also trying to outlaw encryption/VPNs, not realizing that the two things are diametrically opposed to one another.
<br /><br />
In the end, I don't see how a war against encryption or VPNs could actually succeed, but it won't mean that efforts in that direction won't be a painful annoyance when they come around.  Either way, people should at least be paying attention to these discussions, and trying to educate politicians that encryption and VPNs are necessary parts of a secure internet.<br /><br /><a href="http://www.techdirt.com/articles/20120615/11345519344/get-ready-political-fight-against-encryption.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120615/11345519344/get-ready-political-fight-against-encryption.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120615/11345519344/get-ready-political-fight-against-encryption.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>it's-coming</slash:department>
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<pubDate>Mon, 14 Feb 2011 20:37:17 PST</pubDate>
<title>Judge Says Parts Of Washington's Publicity Rights Law Are Unconstitutional</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110210/23394813050/judge-says-parts-washingtons-publicity-rights-law-are-unconstitutional.shtml</link>
<guid>http://www.techdirt.com/articles/20110210/23394813050/judge-says-parts-washingtons-publicity-rights-law-are-unconstitutional.shtml</guid>
<description><![CDATA[ Well, here's a pleasant surprise.  We've been talking a lot about the rise of <a href="http://www.techdirt.com/articles/20101020/03475811495/the-rise-of-a-new-intellectual-property-category-ripe-for-trolling-publicity-rights.shtml">publicity rights</a> as a relatively "new" form of intellectual property, driven by a collection of confusing state laws that create a poorly defined "right" for someone to block the use of their likeness (and, in some cases, their appearance, voice, mannerisms, gestures and more...).  This has given rise to a new group of what can best be called "publicity rights trolls," looking for ways to exploit these laws for cash.  There are some cases making their way through the courts that question whether or not publicity rights <a href="http://www.techdirt.com/articles/20101116/04413211883/publicity-rights-vs-free-speech-goes-to-court.shtml">violate the First Amendment</a>, but in a surprise ruling up in Washington, a federal judge has ruled that the state's <a href="http://www.hollywoodreporter.com/blogs/thr-esq/judge-jimi-hendrix-case-declares-98186?utm_medium=twitter&#038;utm_source=twitterfeed" target="_blank">publicity rights law is unconstitutional</a>.
<br /><br />
Unfortunately, the ruling isn't on the larger First Amendment issues, but on a separate issue.  The case is complex, to say the least, involving a variety of claims between the heirs of Jimi Hendrix and a Washington-based company that sells Jim Hendrix-related merchandise.  There are legitimate trademark claims in there, which resulted in a limited preliminary injunction, which Hendrix's heirs pretended said a lot more than it really said in convincing a retailer to stop purchasing the other firm's merchandise.  That resulted in claims of defamation back.  Then, Hendrix's heirs tried to avoid even mentioning Washington's publicity rights law, even though they seem to rely on it for part of their argument.  And, oh yeah, part of the issue is that Washington's law got updated a few years ago, switching from one where publicity rights only apply to the living, to one where they pass on to heirs.  As I said, the case is complex -- you can read all the details in the ruling embedded below.
<br /><br />
Instead of the First Amendment issues, this case hinges on the question of whether or not the law can apply to celebrities who live (or lived at the time of their deaths) outside of the state.  The Washington law says that it can apply to anyone, even if they didn't live in the state at the time of their death.  The court notes that this creates some due process questions, such as by enabling the ability to "forum shop."  Separately, this court finds this same issue violates the Due Process Clause and the Dormant Commerce Clause by creating an effective "national" publicity rights law, well outside of Washington's borders.
<br /><br />
In the end, the specific ruling is a bit down in the legal weeds (and likely will be appealed), but it's nice to see at least <i>some</i> pushback on publicity rights laws...<br /><br /><a href="http://www.techdirt.com/articles/20110210/23394813050/judge-says-parts-washingtons-publicity-rights-law-are-unconstitutional.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110210/23394813050/judge-says-parts-washingtons-publicity-rights-law-are-unconstitutional.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110210/23394813050/judge-says-parts-washingtons-publicity-rights-law-are-unconstitutional.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>didn't-see-that-coming</slash:department>
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<pubDate>Thu, 8 Oct 2009 08:02:00 PDT</pubDate>
<title>Olympics Tries To Block Olympian Newspaper (From Olympia, Washington) From Trademarking Its Name</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091007/0135506439.shtml</link>
<guid>http://www.techdirt.com/articles/20091007/0135506439.shtml</guid>
<description><![CDATA[ It's no secret that the Olympics can be ridiculously <a href="http://www.techdirt.com/articles/20080923/0300362341.shtml">over aggressive</a> with trademark claims, often getting governments to pass special intellectual property rules to allow the Olympics special control over certain names or phrases well outside the contours of existing intellectual property law.  The various Olympic committees insist they "need" this to protect their revenue stream, but we didn't realize that gov'ts had any responsibility in helping the Olympics make lots of money.  The latest move is that the US Olympic Committee is <a href="http://seattletimes.nwsource.com/html/localnews/2010007020_olympian06m.html" target="_new">protesting a trademark application for the name of The Olympian</a>, a newspaper in Olympia, Washington (thanks to Erik for sending that in).  It would appear that the Olympian has been operating since <a href="http://www.theolympian.com/history/">1889</a>.  That would be seven years prior to the first modern "Olympics" in 1896.
<br /><br />
While I am left wondering why the Olympian suddenly decided to try to register the trademark on its name now (leading to the attempt to block the trademark), it does seem pretty ridiculous that the Olympics could suddenly claim that there might be confusion between the two after over a century of the two "brands" living together peacefully.<br /><br /><a href="http://www.techdirt.com/articles/20091007/0135506439.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091007/0135506439.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091007/0135506439.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>and-the-gold-medal-in-trademark-pushyness-goes-to...</slash:department>
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<pubDate>Thu, 14 May 2009 05:26:00 PDT</pubDate>
<title>Why Is Washington Singling Out Newspapers For A Tax Break Instead Of Journalism?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090513/1903044875.shtml</link>
<guid>http://www.techdirt.com/articles/20090513/1903044875.shtml</guid>
<description><![CDATA[ We've discussed in the past the rather annoying tendency of some bemoaning the trouble facing newspapers (due to bad business decisions, such as taking on too much debt) of <a href="http://www.techdirt.com/articles/20090128/0213453555.shtml">confusing</a> "newspapers" for "journalism."  They all too often assume that newspapers are the only source of journalism, when that simply isn't true.  Unfortunately, it appears that politicians are guilty of the same basic fallacy.  With reports that Washington State has created a special tax break for newspapers, Danny Sullivan is asking <a href="http://daggle.com/newspaper-tax-break-626" target="_new">why isn't the tax break for <i>journalism</i></a>?  By singling out newspapers, the politicians are effectively <i>punishing</i> journalists who work for other forms of media who <i>didn't</i> screw up their business, and rewarding the newspaper owners and management who made so many bad decisions.<br /><br /><a href="http://www.techdirt.com/articles/20090513/1903044875.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090513/1903044875.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090513/1903044875.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>these-things-make-no-sense</slash:department>
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<pubDate>Wed, 11 Feb 2009 15:25:40 PST</pubDate>
<title>Court Says It's Not Online Gambling If You Can Renege On A Bet</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090211/0256033732.shtml</link>
<guid>http://www.techdirt.com/articles/20090211/0256033732.shtml</guid>
<description><![CDATA[ The US has always had this odd hatred for online gambling -- but no state has been more aggressive about the issue than Washington state -- even to the point of threatening people with arrests for even <a href="http://www.techdirt.com/articles/20060615/112240.shtml">talking about</a> online gambling.  So, you can imagine that the state didn't look too favorably on the launch of a person-to-person "wager" site called Betcha.com which claimed it had found a nice <a href="http://www.techdirt.com/articles/20070619/071346.shtml">loophole</a> that made it legal: you could renege on your bet.  Yes, if you lost a wager, you could click a button saying "I refuse to pay."  The catch, of course, was that the site had a rating system, and if you reneged, it was likely to harm your rating, and others might refuse to bet against you.  Betcha claimed that the presence of the renege button meant that it wasn't actually gambling, because you never actually had to bet any money.
<br /><br />
The state of Washington not only disagreed, it took a month or so until state authorities <a href="http://www.techdirt.com/articles/20070710/164508.shtml">raided the company, arrested its founders and seized its computers</a>.  That seems pretty extreme for what does seem to be a rather open question in the law.  And, in fact, a state appeals court found that the Betcha founder is right: <a href="http://seattletimes.nwsource.com/html/localnews/2008730970_betcha11m.html" target="_new">the presence of the renege button means that the site is not a gambling site</a>:
<blockquote><i>
"Accordingly, there is nothing risked, which is the essence of both the common law and statutory definition of 'gambling.'"
</i></blockquote>
Of course, that doesn't mean Betcha is coming back into existence.  Since its founder (who has a law degree and had carefully researched gambling laws to make sure the loophole was legit) was arrested, thrown in jail, extradited to Louisiana, charged (in Louisiana) with gambling-related felonies finally forcing him to negotiate a plea bargain, dropping the charges if he agreed to certain conditions.  With that experience in mind, restarting the site and risking it happening again just doesn't seem that appealing.
<br /><br />
So, way to go Washington State -- you tossed a guy in jail for a completely legal web business.<br /><br /><a href="http://www.techdirt.com/articles/20090211/0256033732.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090211/0256033732.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090211/0256033732.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>hello-loophole</slash:department>
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