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False Impersonation, Larceny, and Data Breaches in The Clone Wars

By
Josh Gilliland
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0

You don’t need a holocron to see all of the legal issues in The Clone Wars arch Holocron Heist, Cargo of Doom, and Children of the Force. In this season two story, Cad Bane was retained by Darth Sidious to steal a Jedi Holocron from the Jedi Temple in order to access a kyber crystal with all of the personal information of children strong in the Force, and then to go kidnap children. There is a lot to unpack in these episodes.

Holocron Heist

Cad Bane retained the shape shifter Cato Parasitti to assume the identify (and shape) of Jedi Ord Enisence, who was murdered by Bane. Cad Bane and Cato Parasitti both committed trespassing in the Jedi Temple, which is entering property without the owner’s consent, which is why Parasitti’s shape shifting abilities were needed for the heist. Cal. Penal Code § 602(m). Once inside the Jedi Temple, Parasitti assumed the identify of Jocasta Nu. Parasitti assisted Bane by providing operational support from inside the Jedi Temple by accessing the Jedi computer system. The unauthorized computer access would be a computer crime under California law, because Bane and Parasitti were in a conspiracy to use the Jedi computer system both deceive through impersonating a Jedi and to wrongful control Jedi property by stealing a Holocron. Cal. Penal Code § 502(c)(1).

The law does not specifically address shapeshifters, but it does address false impersonation of another person:

Notwithstanding any other provision of law, any person who knowingly and without consent credibly impersonates another actual person through or on an Internet Web site or by other electronic means for purposes of harming, intimidating, threatening, or defrauding another person is guilty of a public offense punishable pursuant to subdivision (d).

Cal. Penal Code § 528.5(a).

Parasitti impersonated both Ord Enisence and Jocasta Nu using electronic means (the computers in the Jedi Library) for the purpose of defrauding the Jedi of property (the aforementioned holocron). Without impersonating a Jedi, Parasitti would not have had access to the Jedi’s computer system.

If this was simply a case of taking library property, the fine for taking the holocron would be a fine of at least $50 but not more than $1,000. Cal. Penal Code § 490.5. However, this case is not one of simply taking a library book. The holocrons were kept in a vault with limited access only to the Jedi Counsel. The value of the holocron should exceed $950, making the criminal action grand theft. Cal. Penal Code § 487(a).

Cad Bane gained entrance to the Jedi Temple using stolen codes to get past a security shield. At a minimum, this is a trespass. However, since the Jedi Temple is inhabited by the Jedi (many live there), the elements for burglary are met, because the Cad Bane entered the Temple with the intent to commit grand or petit larceny. Cal. Penal Code § 459.

Cargo of Doom

The second episode in this three-part story opens with Jedi Bolla Ropal being held onboard a Separatist warship in energy bonds. Bane ordered Droids to inflict pain upon Ropal to compel him to open the kyber crystal containing personal identifiable information of Force sensitive children. This would meet the legal definition of torture, which is when a person (Bane) caused extreme pain for the purpose of persuasion of Ropal. Cal. Penal Code § 206. Bolla Ropal died from being tortured which would be first-degree murder. Cal. Penal Code § 189.

Cad Bane ultimately gained access to the kyber crystal, which allowed him to access an untold number of Force-sensitive children. If the Republic, or planet within the Republic had a data breach law like California’s, things would get messy fast. The fact Bane was able to access encrypted personal identifiable information, means that an unauthorized person accessed the data, which would require the Jedi to inform those whose data was breached. Cal Civ Code § 1798.29.

There was just one problem: the Jedi did not have the list of the Force-sensitive children within their control. They literally had to use the Force to figure out children who were potentially at risk.

Children of the Force

Darth Sidious is really bad with Younglings. Cad Bane’s scope of work was expanded to taking Force-sensitive children from their parents. Bane posed as a Jedi and took two children from their families. This is kidnapping, which is when any person who takes another person into another country, state, or county. Cal. Penal Code § 207.

Mustafar would be high on the list of where NOT to take a child under any circumstance.

The children were kidnapped in order for Darth Sidious to conduct medical experiments upon them (foreshadowing what ultimately would be Inquisitors in Star Wars Rebels). There is no way these experiments would have been legal. In order for any medical experiments to be authorized, the parents would have needed to give their informed consent, which would have needed to include the a) nature and purpose of the experiment; b) an explanation of the medical procedures; c) a description of the risks reasonably expected from the experiment; d) explanation of the benefits of the experiment; e) explanation of alternative procedures; f) be informed of the avenues of medical treatment, if any, available to the subject after the experiment if complications should arise; g) Be given an opportunity to ask any questions concerning the experiment or the procedures involved; h) be instructed that consent to participate in the medical experiment may be withdrawn at any time and the subject may discontinue participation in the medical experiment without prejudice; i) Be given a copy of the signed and dated written consent form; and j) be given the opportunity to decide to consent or not to consent to a medical experiment without the intervention of any element of force, fraud, deceit, duress, coercion, or undue influence on the subject’s decision. Cal. Health & Safety Code § 24172.

The parents of the Force-sensitive children had no such opportunities, because their children were KIDNAPPED! Moreover, Darth Sidious took the position that if the children died, he lost nothing.

That is not the sort of guy you want as a babysitter.

The entire story arch of Darth Sidious retaining Cad Bane to murder, steal personal identifiable information, and kidnap children for medical experimentation, shows how “dark” the Dark Side is for achieving universal domination at any cost. These are great episodes and worthy of re-watching.

Recovering from the Federal Government for Injuries Sustained from Dinosaur Attacks While Camping

By
Josh Gilliland
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0

The Jurassic World short Battle at Big Rock tells the story of campers who are attacked by an allosaurus at Big Rock National Park in California. Since the attack happened in a National Park, could the family recover from the Federal Government under the Federal Tort Claims Act?

The issue on whether the family could recover depends on if the National Parks Service knew there were dinosaurs in the National Park. An argument for recovery can be made based on cases with campers attacked by bears.

In one case, a camper who was attacked by a bear at night in his sleeping bag could recover where the park ranger told the camper there was no danger of bear attacks, even though there had been a bear attack a few days before. As such, there was a danger of attack and the park ranger failed to warn the camper. Claypool v. United States, 98 F. Supp. 702 (D. Cal. 1951).

In another case, a bear injured a camper while the camper slept in his car with his window rolled down and his arm on the sill. In that case, there were not any acts of negligence by the government for a case under the Federal Tort Claims Act, because the bear that attacked was not known for violence unless provoked. Ashley v. United States, 215 F. Supp. 39 (D. Neb. 1963), aff’d, 326 F.2d 499 (8th Cir. 1964).

In a case in Yellowstone Park, a camper was given specific warnings about bear attacks, nevertheless, was attacked by a bear in his tent. The bear had placed its paw on the camper’s chest while he slept, which ended in a mauling after the camper woke up startled. The attack was in the most populated part of the campgrounds that included the fire station, gas station, store, ranger’s office, and lighted restrooms. The court found the attack was completely unforeseeable, thus there was no negligence on the park staff, because they had duty to warn of an unforeseeable attack. Rubenstein v. United States, 338 F. Supp. 654 (N.D. Cal. 1972), aff’d, 488 F.2d 1071 (9th Cir. 1973).

What does this mean for our family of campers? The issue for them is foreseeability. The campers themselves were surprised to see dinosaurs in the national park, which implied that dinosaurs were not known to be in that part of California. As such, if the National Park service did not know about the presence of dinosaurs, they had no duty to warn about an unforeseeable attack. Alternatively, if the park rangers knew about dinosaurs and did not warn the campers about the risk of encountering a dinosaur, the campers could recover under the Federal Tort Claims Act, because the rangers were negligent in not warning about dinosaurs.

Based on the end credits of the short, an aggressive dinosaur remediation plan would need to be enacted by the Federal and State Governments to protect human life.

Riding the Liability Train at Smugglers Run in Galaxy’s Edge

By
Josh Gilliland
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0

Smugglers Run in Galaxy’s Edge at Disneyland is a dream come true for any fan of Star Wars. It is a wicket good time, regardless if the first time you saw the Millennium Falcon was at a drive-in theater, VHS tape, DVD, Blu Ray, or Streaming. We live in an age of wonder where entering Galaxy’s Edge is like walking into a Star Wars movie.

It is also a great lesson in to break all sorts of laws.

The ride’s story is as follows: Hondo Ohnaka (from Clone Wars and Rebels) has formed Ohnaka Transport Solutions, which is based the Black Spire on Batuu, which is operating the Millennium Falcon on loan from Chewbacca. The “job” from Ohnaka Transport Solutions is to intercept a First Order train shipment of Coaxium on Corellia. Let’s jump to lightspeed over the legal issues with such an endeavor.

Are We Space Pirates or Privateers?

Traveling through space to “appropriate” hyper-fuel from the First Order sounds a lot like piracy. The law defines piracy as, “Any illegal acts of violence, detention or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed.” 1958 U.S.T. LEXIS 31, Article 15, section 1 (The Convention of the High Seas).

The Millennium Falcon is a private aircraft that was used to shoot down First Order Tie Fighters in order to shoot at a train for the goal of capturing its cargo. That meets the textbook definition of piracy. However, such a reading of the law ignores the fact the First Order was a political movement that destroyed the Republic with Starkiller Base. That is not the basis for forming a government, to say nothing about the consent of the governed. The First Order at its core is a terrorist group that was successful in committing genocide of Hosnian Prime. They are nothing but war criminals that murder civilians by the billions.

From a certain point of view, Ohnaka Transport Solutions could be viewed as employing privateers with the Millennium Falcon. The early definition of a “privateer” is a vessel owned by one or by a society of private individuals, armed and equipped at his or their expense, for the purpose of carrying on a maritime war, by the authority of one of the belligerent parties. Bouvier, 1853, PRIVATEER, war. It is worth noting that privateers are now banned under the Hague Convention VII of 1907, the Convention Relating to the Conversion of Merchant Ships into War.

In our case, Chewbacca is a member of the Resistance, the presumptive legal owner of the Falcon (there is a chance it could belong to Leia, but certainly not Kylo Ren after killing Han Solo, because murdering a parent would cut off his inheritance). Chewbacca loaned the Falcon with the express purpose of a military operation against the First Order. The First Order’s destruction of the capital of the New Republic was the first shot in a war over freedom verse tyranny. This makes anything for the First Order’s war effort a legitimate military target. As such, the Falcon being sent on a mission to harm the war effort of the First Order would make Ohnaka Transport Solutions engaged in privateering.

There are some imperfections to the argument; given there is no longer a government for the New Republic. However, given every nation does have a right to self-defense, no one has to bow down to the First Order.

Train Wrecking

The only way to steal the Coaxium on the train carrying the fuel was to shoot the train, causing one of the cars to derail. This is the black letter law definition of “train wrecking.” California Penal Code § 218 defines the law as follows:

Every person who unlawfully throws out a switch, removes a rail, or places any obstruction on any railroad with the intention of derailing any passenger, freight or other train, car or engine, or who unlawfully places any dynamite or other explosive material or any other obstruction upon or near the track of any railroad with the intention of blowing up or derailing any such train, car or engine, or who unlawfully sets fire to any railroad bridge or trestle, over which any such train, car or engine must pass with the intention of wrecking such train, car or engine, is guilty of a felony, and shall be punished by imprisonment in the state prison for life without possibility of parole.

Flying the Falcon behind the train, shooting at train cars, and harpooning the Coaxium, is the use of explosives to blow up the train, causing a derailment. Flight crews could be charged and convicted of train wrecking, if this was an ordinary crime not committed as a war time measure against the First Order.

Smuggling 

Since the name of the ride is Smugglers Run, it is illegal to smuggle goods into or out of the United States. See, 18 U.S.C.S. §§ 554 and 545. The relevant issue for the independent contractors employed by Ohnaka Transport Solutions, is the Falcon is being used to transport hyper-fuel. Ironically there is not much in trying to conceal the fuel in the heist, because it is an armed attack on a First Order train. That aside, the ride Smugglers Run does live up to the legal definition of smuggling.

Thoughts on Smugglers Run 

Smugglers Run sets a new gold standard for amusement park rides. The line experience takes attendees through passageways that look like the halls of Hoth or Yavin IV. The attention to detail is mindblowing. Highly recommend visiting Galaxy’s Edge, preferably with friends and family.

Can You Have Werewolf Traps in Your Front Yard?

By
Josh Gilliland
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0

What We Do in the Shadows is wicked fun if you have an offbeat sense of humor and enjoy comedy-horror shows. In “Werewolf Feud,” S1, E3, the vampire Lasslo Cravensworth placed werewolf traps in the front yard of the vampire house after he has discovered a werewolf has been urinating on the front lawn. Would these traps be legal?

This raises a sticky issue: is a werewolf an animal or human being?

Rules if Werewolves are Human

When it comes to human beings, nonlethal physical force can be used to prevent larceny or criminal mischief with respect to property other than premises. N.Y. Penal Law § 35.25. A trespass is committed when someone knowingly enters or remains unlawfully in or upon premises. N.Y. Penal Law § 140.05 A person commits criminal trespass in the third degree when they knowingly enter fenced real property. N.Y. Penal Law § 140.10.

The law does not favor traps set out for children. In cases where a property owner has set out traps to deter children for trespassing, a child trespasser could only recover damages if “a dangerous condition was maintained upon the premises with the intention of inflicting injury on anyone trespassing thereon or with what is the equivalent of intention, reckless and wanton disregard of the consequences.” Brzostowski v. Coca-Cola Bottling Co., 226 N.Y.S.2d 464, 469-70 (App. Div. 1962)

Rules if Werewolves are Animals

New York law on cruelty to animals applies to anyone who intentionally causes serious physical injury to a companion animal with justifiable purpose. N.Y. Agric. & Mkts. Law § 353-a(1). However, the law does not prohibit dispatching rabid animals or ones that are a threat to human safety or other animals. N.Y. Agric. & Mkts. Law § 353-a(2).

There Wolf Lies the Problem

Those suffering the curse of the werewolf are both human and animal potentially at the same time. If those who turn into wolves have no control or intellect, they would appear to be more of an animal. However, if they retain intellect while in their wolf form, they could be more human than animal. Given the fact combat with a werewolf was settled with a squeaky toy, someone who is a werewolf has diminished capacity at best.

If a werewolf is a “companion animal,” then Lasslo could face cruelty to animal charges for his trap in the front yard. However, given the threat that werewolves pose, they would not be classified as a companion animal. However, Lasslo is not someone who has a permit or is acting under color of law to remove werewolves with traps.

A werewolf is certainly not a child, but Lasslo’s traps clearly were intended on inflicting injury on anyone trespassing on the front lawn. Given the harm caused by the traps, a werewolf suing for injuries likely would prevail, if a judge would give both a werewolf and vampire a day in court.

No Escaping the Law in King Kong Escapes

By
Josh Gilliland
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0

In the 1967 Toho Classic King Kong Escapes, the nefarious Dr. Who (not to be confused with the beloved BBC Doctor Who) captured King Kong with a helicopter gas attack in order to use Kong to dig out Element X at the North Pole to make weapons of mass destruction for an unnamed hostile country. Could a state-funded paramilitary group kidnap a giant great ape for manual labor over 7,500 away from his natural habitat?

The answer…NO.

International and Domestic Law Protecting Great Apes

While international treaties do not specifically include King Kong, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was enacted to protect endangered species “against over-exploitation through international trade.” See CITES, Mar. 3, 1973, 27 U.S.T. 1087, T.I.A.S. No. 8249, Preamble. CITES protects over 45 different species of apes, new-world monkeys, and old-world monkeys, however, King Kong’s mega-primate species is not listed in CITES (because he is of course fictional). Given the age of Kong, he would be a very “old-world” ape. While Kong’s exact species is not listed in CITES, that is due to the fact his existence was unconfirmed, due to him being the only one of his kind on a remote tropical island.

Nations can enforce CITES to prohibit the trade of endangered species by creating penalties for those who trade or are in possession of endangered species or confiscation of protected specimens. CITES, Article XIII, (1)(a) and (1)(b).

By way of comparison, in the United States a species can be determined endangered by any of the following factors:

(A) The present or threatened destruction, modification, or curtailment of its habitat or range;

(B) Overutilization for commercial, recreational, scientific, or educational purposes;

(C) Disease or predation;

(D) The inadequacy of existing regulatory mechanisms; or

       (E) Other natural or manmade factors affecting its continued existence.

16 U.S.C.S. § 1533.

In Kong’s case, the lack of existing regulations could place his life in danger, specifically, do not kidnap the giant ape for manual labor.

Congress recognized the danger to primates with the Great Ape Conservation Act of 2000, which included live capture as one of the threats to chimpanzees, gorillas, bonobos, orangutan, and gibbons. GREAT APE CONSERVATION ACT OF 2000, 114 Stat. 1789, 1790. The Great Ape Conservation Act provides an application process for funds to support the conservation of great apes. Id. *1791. Applicants can include the any group with the expertise required for the conservation of great apes. Id. *1791(1)(C).

King Kong would be recognized as an endangered species, under CITES, because using a one-of-a-kind giant ape to dig out a radioactive element would be the very definition of protecting an animal against “over-exploitation.” Moreover, Kong could be found endangered under U.S. law because literally kidnapping an animal for menial labor is overutilization for a commercial purpose, specifically producing weapons of mass destruction. Given that there are no existing regulations on using giant apes for mining in the Arctic Circle, the an exception can be made to protect Kong’s life. Given the authority under CITES, affected nations such as Japan, and possibly the United States or Canada, would be within their rights to confiscate King Kong from Dr. Who in order to return Kong back to his natural habitat.

No Monkeying Around with King Kong

Kong’s adventures took him from escaping Dr. Who at the North Pole and swimming to Japan. Yes. Kong swam the roughly 2,135 miles from the Arctic Circle to Tokyo. After a battle with Mechani-Kong, King Kong sank Dr. Who’s command ship with his bare hands, and then swam home to Mondo Island. While “Mondo Island” is fictional, assume it is near Fiji, which would be over 4,500 miles away from Japan.

That is a long swim.

Commander Carl Nelson of the United Nations submarine Explorer could have applied for a grant pursuant to the Great Ape Conservation Act, which could have provided means other than swimming to return King Kong to Mondo Island. While floating King Kong by balloon towed by helicopters is not recommended, a large raft would have provided safer means that could have avoided risk of drowning. Federal funds could have been available to ensure King Kong’s safe return home.

While it is a moot point, Dr. Who’s organization violated the spirit of international law protecting great apes, if not the letter itself, depending on Kong’s genetic make-up. Moreover, the entire secret Arctic base to dig for Element X poised the practical issue that the actual North Pole is ICE. There is no land to mine. This means Dr. Who’s base could have been in one of the arctic nations with land in the Arctic Zone, such as Canada, the United States (specifically the state of Alaska), or the Soviet Union. None of these countries would take kindly to mining operations by a hostile entity within their territories. If in the United States, at a minimum, Dr. Who failed to comply with the permit requirements in Alaska for mining. See, Alaska Stat. § 27.21.060 regarding surface coal mining. Since Dr. Who’s operation had hostile intent, any of the countries would have been within their right of self-defense to use military force to stop Dr. Who.

Stormtrooper Defective Body Armor Mock Trial from WonderCon 2019

By
Josh Gilliland
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0

The Stormtrooper Defective Body Armor Mock Trial was held at WonderCon 2019. Kathy Steinman, Doug Ridley, Christine Peek, and Jack Yang, were a tour de force of courtroom powerhouses in this mock summary judgment hearing.

In our fictional case, the Plaintiff, Stormtrooper Legion Union (“Union”), sued defendant, Ishiro Military Equipment, Inc. (“IME”), a contractor for the Imperial Department of Military Research (“DMR”), for defective body armor design. The Galactic Empire (“Empire”) [or its Imperial Remnant] intervened as party pursuant to Galactic Rule of Civil Procedure 24(a)(2), on the ground that the action jeopardizes the Empire’s compelling interest in protecting imperial state secrets, and neither IME nor the Union can adequately represent the Empire’s interest. US Magistrate Judge Mitch Dembin presided over the hearing to decide whether Stormtroopers would continue getting the short end of the stick.

The mock trial required setting the trial to occur after the Battle of Endor and before the Battle of Jakku. Jason Fry’s Star Wars The Essential Guide to Warfare and Wookieepedia were heavily on armor warranties and history, plus the creation of a military contractor for litigating the product defect issue.

Special thanks Shawn Thorsson of Thorsson & Associates Workshop for serving as both deposition witnesses, Lt. Willis R. Hausen and TK-812.

Mock Deposition of Major Willis R. Hausen, Stormtrooper Legion Union, on behalf of its injured members, Stormtrooper Nos. TK-1977, plaintiff, v. Ishiro Military Equipment, Inc., a Galactic Corporation, defendant; The Galactic Empire, intervenor.

Mock Deposition of TK-812, Stormtrooper Legion Union, on behalf of its injured members, Stormtrooper Nos. TK-1977, plaintiff, v. Ishiro Military Equipment, Inc., a Galactic Corporation, defendant; The Galactic Empire, intervenor.

The Mock Late Night Attorney Ad for Injured Stormtroopers 

Lawyers on the 65th Anniversary of Godzilla!

By
Josh Gilliland
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0

It was a privilege to help celebrate the 65th Anniversary of Godzilla at the 50th San Diego Comic Con. Godzilla has been a beloved monster for many years.

I fondly remember searching for Godzilla movies on VHS and celebrating my birthday going to see Godzilla 1985 with a large group of friends. Bringing together lawyers and a judge together to discuss legal issues from Godzilla was a pure joy. A big thank you to Matt Weinhold from MonsterParty for moderating our panel.

Thank you Beth Accomando for a fun interview at the Toho booth. It was a lot of fun to get notes from friends who heard me on NPR Morning Edition.

Panel Audio on our Podcast Channels 

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