Sunday, 28 April 2013

Slow pace of Marikana probe irks lawyers

LAWYERS appearing before the Farlam commission of inquiry in Rustenburg have asked the judge to try to speed up proceedings, arguing that the commission would be sitting until well into next year at the current pace.

The inquiry into the circumstances of the deaths of 44 people after an illegal strike at Lonmin’s Marikana mine began at the start of August, and is still only in its first phase.

Lawyers on Thursday asked Judge Ian Farlam to expedite matters, citing spiralling expenses and prolonged suffering and distress among the families of victims.

The lawyers said that at the rate the hearings were being conducted, the commission was likely to be concluded next year.

This commission was given a R75m budget, but the lawyers said this would balloon as an extension of the commission’s work was inevitable.

"It looks like we’ll need another eight months of evidence. It seems the second phase will not see day before sometime in 2014. It’s unfair on the fiscus, it’s unfair to the families, it prolongs their pain. It seems the commission will not conclude the hearing before the end of the year," said Schalk Burger SC, counsel for platinum miner Lonmin.

"This is not the forum to settle scores. I submit that the way we have led thus far is unfair to the public of this country. Do we really have to wait to 2014 for that (second) phase? I can’t simply accommodate another year of this," Mr Burger said.

George Bizos SC, for the Legal Resources Centre, agreed.

"Our resources are not limitless, steps should be taken to expedite the process," he said.

Henry Muzi Msimang, who is on the legal team led by advocate Dali Mpofu, representing around 270 Marikana families, was more scathing in his view of the delays.

"We don’t want to see this matter running further, we are not being paid by government. We would like to see this matter go to finality. We keep on getting witnesses, it has cost us a fortune," Mr Msimang said.

Judge Farlam acknowledged the concerns and said he would engage with the Presidency, but would not provide details.

Source: http://www.bdlive.co.za/national/2013/04/26/slow-pace-of-marikana-probe-irks-lawyers

Note:

Roze Tailer is experienced web scraping consultant and writes articles on linkedin email scraping, linkedin profile scraping, tripadvisor data scraping, lawyers data scraping, yellowpages data scraping and product information scraping.

Legal tech: Scraping for data


Scraping for data has been around for a while and even before the Internet big companies were compiling data on people.  Remember those Neilson boxes on top of television sets?  Or perhaps surveys that you receive in the mail about products you utilize?  Well scraping for data is now taking it up a notch.  Many companies regularly use data scraping on job applicants and on the competition.  Big business also utilizes the technique to learn about the buying habits of consumers.  With sophisticated software programs and their related powerful algorithms, billions of pages of data can be processed and evaluated within seconds and these spiders troll the Internet trying to learn as much about you as possible.

One company even filed a Patent on a new software program and business method for obtaining the real name of a person who uses a pseudonym online.  That company, PeekYou LLC out of New York developed an algorithm that checks gender, address information, date of birth, email cross references, phone numbers and other information to try and determine the real name of an online pseudonym.  So that wks1070@gmail.com may actually be John Smith from Chicago (I made up wks1070@gmail.com and John Smith so any similarity is purely coincidence).  This is a very interesting concept and I am sure will spark robust debate among lawyers and even ethical concerns.

So back to the original question-is it worth spending the money for data scraping on a case that is worth a large amount?  Is it ethically acceptable?  Trying to learn the identity of someone called wks1070@gmail.com seems ethically acceptable especially if that person is posting trade secret information stolen from your company or information that is false and the subject of a lawsuit.  Yes you can subpoena Google but what if the person only accesses that account from Starbucks?

I would be interested in any readers who have utilized any data scraping techniques, or utilized PeekYou.  I would like to write follow-up articles using real examples, minus the confidential details of course.  One thing is for certain the genie is out of the bottle on peoples’ data and it isn’t going back in anytime soon.

Source: iln.isba.org/2010/10/21/legal-tech-scraping-for-data

Note:


Roze Tailer is experienced web scraping consultant and writes articles on linkedin email scraping, linkedin profile scraping, tripadvisor data scraping, lawyers data scraping, yellowpages data scraping and product information scraping.