Maryland Task Force Proposes Special Tech Courts

rkent writes: "In this NYTimes article, Microsoft makes a good point, the wrong way. They argue that their case was 'so technical and esoteric' that Judge Jackson couldn't understand it. However, the Business and Technology Division Task Force in Maryland is examining the viability of setting up special courts for tech cases. Which may or may not have helped Microsoft. But would it have helped 2600? And future Internet 'pirates?'"

Setting up special 'techno-courts' has the glossy sheen of futurism and hipness, but if the proposed high-tech courts are specialized by the content of their trials, what's to stop them from becoming self-perpetuating, invasive, and self-aggrandizing bodies within their particular fields of purported expertise, and using that expertise as a means of blocking criticism? Would such special courts be an improvement over better educating the existing judiciary?

Comments

Re:What an incredibly bad idea

[MillMan]

After all, we've seen on /. a thousand times how disillusioned the technically skilled population is with many, many aspects of the law. Many people here advocate "civil disobediance" or even outright flouting of the law as a means of voicing their protests. Are these the people you want as judges in cases like 2600?

You mean people who understand the needs of the common person and not just those with money? Sounds good to me. But your scenario would never happen, they aren't go to hire the average slashdot reader to be a judge. These people will have to have law degrees and experience, just like any other judge.

It also smacks of elitism that certain cases should only be allowed to be judged by an elite cabal of "tech judges". Why should a case which involves technical concepts merit its own special type of judge, one which is likely to be biased by dint of their interests and knowledge?

Because there is no such thing as being impartial. If there was, supreme court judges would all rule in the same direction. Your biases and experiences affect how you think. On top of that, the complete ingnorance displayed by some judges in this area *is* a problem. Having to think in terms of analogies isn't good, as it seemed judge Jackson did.

Sorry, but this wouldn't solve any problems - no judge could keep up with all of the advances in the various fields of computing unless they worked in them. And if they did, you could never be sure that they were unbiased. I say we keep this elitism out of the judicial system, and stick with what we know works.

I think it might help a bit, but I worry about something different than you: that the judges chosen would be "corporate whores" worse than any that are already out there. The effectiveness of a seperate court like this depends completely on the judges chosen.

Tech companies tend to think that it's ok to get around regulations and often they do. This is because tech companies bring in high paying jobs to the community, and can get away with more than the average company. I'm afriad that in this case microsoft is just saying something like "we want a judge who will side with us, because we know we're right because we are". There is no reason to believe other tech companies would be different.

What an incredibly bad idea

[flatpack]

After all, we've seen on /. a thousand times how disillusioned the technically skilled population is with many, many aspects of the law. Many people here advocate "civil disobediance" or even outright flouting of the law as a means of voicing their protests. Are these the people you want as judges in cases like 2600?

It also smacks of elitism that certain cases should only be allowed to be judged by an elite cabal of "tech judges". Why should a case which involves technical concepts merit its own special type of judge, one which is likely to be biased by dint of their interests and knowledge?

Sorry, but this wouldn't solve any problems - no judge could keep up with all of the advances in the various fields of computing unless they worked in them. And if they did, you could never be sure that they were unbiased. I say we keep this elitism out of the judicial system, and stick with what we know works.

Two quick comments:

[Masem]

1) I doubt tech courts would have helped 2600 -- as the other article today points out, this is more of a free speech issue as 2600 never created the code, though there are issues as the use of the code. But the creation of such courts could be a good think.

2) Unfortunately, there are too many issues at stack *right now* that by the time the tech courts would be in place, these issues would have exhausted their appeals process. Take a look at the problems with the Patent office in getting computer technological compenent people into place.

3) Very very commonly, cases involving sciences use an expert witness, generally a scientist or engineer that is unrelated to the case but an expert in the field. I would think a similar system would work for computer experts, however, there is something of an informal fraternity of geekdome throughout this area, so that finding a computer expert that was imparital to the deCSS case would probably be very difficult. But I don't see why this can't be attempted at least.

You must be kidding, this is not rocket science

[GMontag]

Setting up special 'techno-courts' has the glossy sheen of futurism and hipness, but if the proposed high-tech courts are specialized by the content of their trials, what's to stop them from becoming self-perpetuating, invasive, and self-aggrandizing bodies within their particular fields of purported expertise, and using that expertise as a means of blocking criticism? Would such special courts be an improvement over better educating the existing judiciary?

We already have a perfect example of how specilized courts work (actually, they don't work very well) and that is called Tax Court.

What happens in any of these ivory tower systems is that the common folks (including those of us on /.) get bamboozeled by the "self-aggrandizing bodies within their particular fields of purported expertise". This is certainly not justice.

The 2600 case was one of pure bias, no decision in that case was backed up by any fact, and it would have probably been worse in a specialized court. It happens in "tax court" every day: state brings charges, state inflicts punishment, you have to prove yourself not-guilty.

I wish that I had the refrence for a glairing case of this from just a couple of years ago. An individual had paid his tax bill. The IRS cashed his check. Taxpayer had the cancelled check and bank records that the money left his bank and went to the IRS bank. The bank that the IRS used to clear the check lost the money. The IRS went after the tax payer. No matter how many times he produced the cancelled check the IRS said "we still do not have payment". The tax court ordered the guy to pay again! Now, if a group of "regular folks" had gotten to hear this case, it would have ruled for the tax payer, since the poor guy does not run the bank and all, but an "expert court" ruled the other way.

The above is the quality that you get when beurocrats are given any power over your life.

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