Home Blog Page 9

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

By
Josh Gilliland
-
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.

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

By
Josh Gilliland
-
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.

Stormtrooper Defective Body Armor Mock Trial from WonderCon 2019

By
Josh Gilliland
-
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 

Secret Marriage in a Galaxy Far, Far Away

By
Stephen Tollafield
-
0

Padmé’s and Anakin’s secret wedding at the end of Star Wars: Attack of the Clones is a key narrative and emotional moment of the Star Wars prequel trilogy. But how do secret marriages work in the real world, if such things actually exist?

The issue is the marriage certificate, which certifies a couple’s marriage in the eyes of the law. Most couples want legal recognition of their marriage because that recognition entitles a couple to the legal benefits of marriage, such as property transfers at death, custody of children, and numerous other rights and responsibilities.

However, the marriage certificate that a couple files with the county clerk after their wedding ceremony is a public document, accessible to any nosy neighbor who takes an interest in your wedding date or other information contained in the certificate. In most U.S. jurisdictions, there appears to be no way to keep a marriage certificate off the books, with only two exceptions.

First, California Family Code section 500 allows unmarried persons “who have been living together as spouses” to obtain a confidential marriage certificate. While a confidential marriage certificate is still filed with the county clerk, the record’s contents are not accessible to the public without a court order. However, in order to qualify for a confidential marriage, the statute requires the couple to have been “actually residing in the same dwelling” prior to their wedding. People v. Hassan, 168 Cal. App. 4th 1306, 1314 (2008); see Encinas v. Lowthian Freight Lines, 69 Cal. App. 2d 156, 163 (1945) (noting that purpose of confidential marriages is “to encourage unmarried persons who have been living together as man and wife to legalize their relationship”). And although Padmé and Anakin shared some romantic fire-lit evenings at Padmé’s Varykino estate in the Naboo Lake Country, they were not living together and holding themselves out as spouses. They therefore almost certainly would not qualify for a California confidential marriage certificate.

The only other U.S. jurisdiction that provides for non-public marriage certificates is Michigan, where Michigan Compiled Laws section 551.201 allows for the issuance of a marriage license “without publicity.” Section 551.201 authorizes a probate judge, upon a showing of extraordinary circumstances, to secretly marry the couple without ever involving the county clerk. However, this statute is reserved for situations where the woman is pregnant and the couple wants to avoid a public marriage that occurs after a child is conceived. Baum v. Baum, 20 Mich. App. 68, 71–72 (1969) (“The intent of that statute is to protect a child born out of the indiscretions of its parents.”). So again, Padmé and Anakin probably would not qualify for this kind of secret marriage since Padmé was not pregnant at the end of Attack of the Clones.

Any couple, including Anakin and Padmé, can marry under the customs of their religion, culture, and personal relationship and never tell a single soul. But if Anakin and Padmé want a legal marriage certificate, there’s really no way for them to keep that public record a secret from the prying eyes of the Jedi.

Judges on the Clone Wars at San Diego Comic Con!

By
Josh Gilliland
-
2

We had a blast at San Diego Comic Con presenting on the legal issues in The Clone Wars. The panel was held at 800 pm on Friday, July 19, which had a full day of Star Wars programming. A big thank you to everyone who attended and our panelists, Circuit Judge John B. Owens (9th Circuit Court of Appeals);  Los Angeles County Superior Court Judge Carol Najera; Stephen Tollafield (Professor at UC Hastings College of Law); Bethany Bengfort (US Courts); and Steve Chu (Assistant US Attorney).

A few photos from our panel.

On our podcast channels:

San Diego Comic Con 2019 Panel Schedule for The Legal Geeks!

By
Josh Gilliland
-
0

We will be at San Diego Comic Con with three panels celebrating the Marvel Cinematic Universe, The Clone Wars, and Godzilla! We hope you can join us for fun, legal analysis, and geeking out at the 50th Anniversary of San Diego Comic Con. We are honored to return to SDCC for our 5th appearance. Please see below for more on our panel schedule.

Law of the Marvel Cinematic Universe, Thursday, 100pm, Comic Con Museum 

Ten years of the Marvel Cinematic Universe has created a body of law big enough for Nowhere. Join our panel of judges and lawyers as they journey into legal tales to astonish of how Dr. Strange saved the world with contract law; whether Bucky commit treason as the Winter Soldier; and could Thanos be prosecuted as a war criminal for “The Snap?” A panel of true believers including US Magistrate Judge Mitch Dembin, Megan Hitchcock, Christine Peek (McManis Faulker), Courtney McNulty (Legendary Entertainment), Jordon Huppert (Huppert Law Office), and Joshua Gilliland (The Legal Geeks) will assemble to tackle these issues and more from the Marvel Universe.

Judges on the Clone Wars, Friday, 800pm, Room 7AB

The Clone Wars represents some of the best Star Wars stories ever told. Join our panel of judges and attorneys as they report for duty to determine the Duty to Follow Lawful Orders vs Unlawful Orders; Child Safety of Younglings; Secret Marriages; Clone Rights; and the Trial of Ashoka Tano. Panelists include Circuit Judge John B. Owens (9th Circuit Court of Appeals), Judge Carol Najera, Stephen Tollafield (Professor at Hastings School of Law), Bethany Bengfort (US Courts), Steve Chu (Assistant US Attorney), and moderated by Joshua Gilliland (The Legal Geeks).

Long Live the King of Kaiju: Lawyers on the 65th Anniversary of Godzilla

Godzilla has been a destructive force of legal liability since 1954. Who is financially responsible for Acts of Godzilla? Does the United States have a duty to defend Japan? And just who is the legal owner of Mothra’s egg? Join our panel of attorneys including US Magistrate Judge Stacie Beckerman, Monte Cooper (Grand Nephew of the creator of King Kong, Merian Cooper), Kathy Steinman (Deputy City Attorney for the City of San Diego), Bethany Bengfort (US Courts), and Joshua Gilliland (The Legal Geeks) as they wade into the depths of Godzilla’s destructive legal issues over the last 65 years. Moderated by Matt Weinhold (MonsterParty).

Mock Stormtrooper Body Armor Depositions

By
Josh Gilliland
-
0

Stormtrooper Body Armor has an express warranty to protect against blaster energy, heat energy, cold energy, kinetic, piercing, slashing, and poison. The following mock depositions were recorded for our WonderCon mock trial, where Stormtroopers sued for injuries sustained from body armor that failed to protect against the primate projectile weapons of Ewoks at the Battle of Endor. Do they have a case? Or will Stormtroopers continue to get the short end of the stick?

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.

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.

1...8910...26Page 9 of 26
Facebook Instagram Linkedin Reddit Twitter Youtube
© The Legal Geeks 2022