| 词条 | Susan Illston |
| 释义 |
| honorific-prefix = | name = Susan Yvonne Illston | honorific-suffix = | image = Susan Y. Illston.JPG | alt = | caption = | office = Senior Judge of the United States District Court for the Northern District of California | term_start = July 1, 2013 | term_end = | office1 = Judge of the United States District Court for the Northern District of California | term_start1 = May 26, 1995 | term_end1 = July 1, 2013 | nominator1 = | appointer1 = Bill Clinton | predecessor1 = Barbara A. Caulfield | successor1 = Vince Girdhari Chhabria | pronunciation = | birth_name = | birth_date = {{Birth year and age|1948}} | birth_place = Tokyo, Japan | death_date = | death_place = | death_cause = | resting_place = | resting_place_coordinates = | citizenship = | nationality = | party = | otherparty = | height = | spouse = | partner = | relations = | children = | parents = | mother = | father = | relatives = | residence = | education = Duke University (B.A.) Stanford Law School (J.D.) | alma_mater = | occupation = | profession = | known_for = | salary = | net_worth = | cabinet = | committees = | portfolio = | religion = | awards = | signature = | signature_alt = | website = | footnotes = }} Susan Yvonne Illston (born 1948) is a San Francisco, California-based Senior United States District Judge of the United States District Court for the Northern District of California, which lies within the jurisdiction of the United States Court of Appeals for the Ninth Circuit. Education and careerIllston was born in Tokyo, Japan, was raised in the military and attended Fort Knox High School. She is a graduate of Duke University (Bachelor of Arts, 1970) and Stanford Law School (Juris Doctor, 1973).[1] Prior to her appointment, Illston served in private practice first as an associate, then as a partner at Cotchett, Illston & Pitre in Burlingame, California from 1973 to 1995.[2] Federal judicial serviceOn the recommendations of Senators Barbara Boxer and Dianne Feinstein, Illston was nominated by President Bill Clinton on January 23, 1995 and confirmed by the Senate on May 25, 1995 by voice vote, receiving her commission the following day.[3][4] She took senior status on July 1, 2013. Notable casesDiLoreto v. DowneySitting by designation of the Ninth Circuit Court of Appeals, in 1999 Judge Illston wrote the panel decision in DiLoreto v. Downey Unified School District Board of Education, 196 F.3d 958 (9th Cir. 1999), cert. denied, 529 U.S. 1067 (2000), which held that an athletic fence which a public high school made available for commercial advertising is a nonpublic forum from which religious messages could be excluded without violating the First Amendment.[5] 321 Studios v. Metro Goldwyn Mayer Studios, Inc.In February 2004, Illston ruled in 321 Studios v. Metro Goldwyn Mayer Studios, Inc. that the company's software, which was intended, according to the company, to allow consumers to make backup copies of DVDs by "circumventing" so-called "copy protection" methods, was illegal under Federal law. She issued an injunction at the behest of several Hollywood studios and ordered 321 Studios to stop selling their product. However, despite finding that the software violated Federal law, she ruled that copies made by consumers (of their own legally purchased DVDs) were, in fact, legal. She wrote in her opinion, "It is the technology itself at issue, not the uses to which the copyrighted material may be put...Legal downstream use of the copyrighted material by customers is not a defense to the software manufacturer's violation of the provisions [of copyright law]."[6] US v. ArnoldIn August 2006, Illston sentenced Patrick Arnold, the chemist who developed an undetectable performance-enhancing drug for BALCO, to three months in prison.[7] US v. BondsIn March 2009, Illston presided over a perjury case involving Barry Bonds.[8] Kyriacou v. Peralta Community College Dist.In April 2009, Illston ruled that two students who were threatened with suspension by their community college, the College of Alameda, could sue the school for free speech infringement.[9] Center for Biological Diversity v. Bureau of Land ManagementIn October 2009, Illston ruled in favor of environmental groups that sued the U.S. Bureau of Land Management (BLM) over a 5,000 mile expansion of off-roading trails in California's Mojave Desert. Illston found that the BLM had violated its own regulations[10] when it designated the routes in 2006[11] without adequately analyzing the impacts on air quality, soils, plant communities and sensitive species such as the endangered Mojave fringe-toed lizard. Illston called the BLM's plan "flawed because it does not contain a reasonable range of alternatives" to limit damage to sensitive habitat and pointed out that the desert and its resources are "extremely fragile, easily scarred, and slowly healed."[12] The court also found that the BLM had failed to follow route restrictions established in the agency’s own conservation plan, resulting in the establishment of hundreds of illegal off roading routes during the past three decades.[10] Illston ruled that the plan specifically violated the Federal Land Policy and Management Act of 1976 (FLPMA) and the National Environmental Policy Act of 1969 (NEPA).[11] Kitterman v. ThomasIllston successfully worked to suppress and deny the guarantees granted by the Fourth Amendment to the United States Constitution that are to protect citizens against government abuse of power in a published order filed November 21, 2016 under case number 16-cv-04058-SI.[13] Sony v. Hotz{{as of|February 2011|alt=Currently}}, Illston is the presiding judge in Sony Computer Entertainment America LLC v. George Hotz, et al.,[14] in which Sony claims that Hotz's jailbreaking of the Sony PlayStation 3 violates the Digital Millennium Copyright Act.[15] She has granted Sony permission to track as much information as possible about those who had seen a private YouTube video about the jailbreak and to read their comments, plus obtain access to IP addresses, accounts, and other details of visitors to sites run by Geohot. The access granted by Illston extends even to those who had not downloaded the jailbreak code.[16]In Re: National Security LettersIn a ruling released on March 15, 2013, Judge Illston granted [17] petitioner's motion to set aside a National Security Letter (NSL), ruling that the NSL's nondisclosure and judicial review provisions suffer from significant Constitutional infirmities. The petitioner argued that the nondisclosure provision of statute 18 U.S.C. § 2709(c) [18] is an unconstitutional prior restraint and content-based restriction on speech. The decision came in a lawsuit challenging a NSL on behalf of an unnamed telecommunications company represented by the Electronic Frontier Foundation (EFF).[19] The judge stayed her decision for 90 days to give the government the opportunity to appeal.[20][21] Publications
References1. ^{{cite web|url=http://www.abanet.org/antitrust/at-bios/illston-susan.pdf|title=Honorable Susan Illston|publisher=American Bar Association|accessdate=2009-04-09}} 2. ^http://www.abanet.org/antitrust/at-bios/illston-susan.pdf 3. ^{{cite web|url=http://judgepedia.org/index.php/Susan_Illston#cite_note-bio-0|title=Judgepedia Susan Illston|publisher=Judgepedia|accessdate=2010-02-25|deadurl=yes|archiveurl=https://web.archive.org/web/20100325071454/http://judgepedia.org/index.php/Susan_Illston#cite_note-bio-0|archivedate=2010-03-25|df=}} 4. ^{{cite web|url=http://thomas.loc.gov/cgi-bin/ntquery/D?nomis:1:./temp/~nomisLNvOyt::|title=Presidential Nominations - THOMAS (Library of Congress)|publisher=}} 5. ^{{cite journal|url=http://openjurist.org/196/f3d/958/edward-diloreto-v-downey-unified-school-district-board-of-education|title=196 F3d 958 Edward Diloreto v. Downey Unified School District Board of Education|first=UNITED STATES COURT OF APPEALS FOR THE NINTH|last=CIRCUIT|date=1 January 1999|publisher=|volume=F3d|issue=196}} 6. ^Judge: DVD-copying software is illegal Cnet, accessed 24 AUG 2008 7. ^Man who concocted 'the clear' gets 3 months in prison - Associated Press, 8/4/06 8. ^{{cite news| url=https://www.nytimes.com/2009/02/27/sports/baseball/27judge.html | work=The New York Times | title=Judge in Bonds Case Has Reputation as Quick Study | first=Katie | last=Thomas | date=2009-02-27 | accessdate=2010-05-24}} 9. ^{{cite news|url=http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/04/09/BA3416VVJI.DTL|title=Students disciplined for praying can sue|last=Egelko|first=Bob|date=2009-04-09|work=San Francisco Chronicle|accessdate=2009-04-09}} 10. ^1 {{cite web|url=http://wilderness.org/content/road-routes-mojave-desert-found-illegal|title=Off-road Routes in Mojave Desert Found Illegal|publisher=}} 11. ^1 {{cite web|url=http://latimesblogs.latimes.com/lanow/2009/09/judge-rejects-us-plan-for-road-building-in-southland-forests.html|title=Judge rejects U.S. plan for road building in 4 forests|date=30 September 2009|publisher=}} 12. ^{{cite web|url=http://www.latimes.com/news/local/la-me-mojave30-2009sep30,0,6696095.story|title=Judge rejects U.S. management plan for California desert|first=Louis|last=Sahagun|date=30 September 2009|publisher=|via=LA Times}} 13. ^{{cite web|url=https://www.leagle.com/decision/infdco20161122961#cite_note-paragraph-1|title=KITTERMAN v. THOMAS {{!}} Case No. 16-cv-04058-SI... {{!}} 20161122961{{!}}Leagle.com|publisher=Leagle.com|accessdate=2018-07-07}} 14. ^Sony Computer Entertainment America LLC v. George Hotz, et al., No. C-11-00167 SI (N.D. Cal. filed Jan. 11, 2011) 15. ^{{cite news|last=David|first=Kravets|title=Sony Lawyers Expand Dragnet, Targeting Anybody Posting PlayStation 3 Hack|url=https://www.wired.com/threatlevel/2011/02/sony-lawsuit-factory/|accessdate=February 10, 2011|newspaper=Wired|date=February 7, 2011}} 16. ^{{cite web|title=Judge in PS3 case lets Sony track visitors to Geohot website|url=http://www.electronista.com/articles/11/03/04/judge.lets.sony.spy.on.geohot.visitors.in.ps3.suit/#ixzz1Fgb9fuvf|work=electronista|accessdate=5 March 2011}} 17. ^[https://www.scribd.com/doc/130610269/NSL-Order NSL Order] Scribd, accessed 1 SEP 2013 18. ^{{cite web|url=https://www.law.cornell.edu/uscode/text/18/2709|title=18 U.S. Code § 2709 - Counterintelligence access to telephone toll and transactional records|publisher=}} 19. ^[https://www.eff.org/press/releases/national-security-letters-are-unconstitutional-federal-judge-rules Court Finds NSL Statutes Violate First Amendment and Separation of Powers] EFF, accessed September 1, 2013 20. ^{{cite web|url=https://www.eff.org/cases/re-matter-2011-national-security-letter|title=In re: National Security Letter 2011 (11-2173)|date=11 July 2012|publisher=}} 21. ^{{cite web|url=https://arstechnica.com/tech-policy/2013/03/gagging-recipients-of-national-security-letters-found-unconstitutional/|title=Gagging recipients of National Security Letters found unconstitutional|publisher=}} External links
11 : 1948 births|Living people|Lawyers from San Francisco|People from Burlingame, California|Duke University alumni|Stanford Law School alumni|Drugs in sport in the United States|American women judges|Judges of the United States District Court for the Northern District of California|United States district court judges appointed by Bill Clinton|People from Tokyo |
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