Susan Illston

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.

Susan Yvonne Illston
Senior Judge of the United States District Court for the Northern District of California
Assumed office
July 1, 2013
Judge of the United States District Court for the Northern District of California
In office
May 26, 1995 – July 1, 2013
Appointed byBill Clinton
Preceded byBarbara A. Caulfield
Succeeded byVince Girdhari Chhabria
Personal details
Born1948 (age 71–72)
Tokyo, Japan
EducationDuke University (B.A.)
Stanford Law School (J.D.)
Judge Susan Illston's official portrait for the U.S. District Court was painted by Scott Johnston

Education and career

Illston 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 service

On 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 cases

DiLoreto v. Downey

Sitting 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. Arnold

In 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. Bonds

In 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 Management

In October 2009, Illston ruled in favor of environmental groups, including the Center for Biological Diversity, 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. Thomas

Illston 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]By doing so, and as evidenced in the text of the judge's ruling, Judge Illston dishonored her oath of office and disgraced her sworn promise to perform her duties under the United States Constitution. [13][14]

Sony v. Hotz

Currently, Illston is the presiding judge in Sony Computer Entertainment America LLC v. George Hotz, et al.,[15] in which Sony claims that Hotz's jailbreaking of the Sony PlayStation 3 violates the Digital Millennium Copyright Act.[16] 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.[17]

In Re: National Security Letters

In a ruling released on March 15, 2013, Judge Illston granted [18] 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) [19] 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).[20] The judge stayed her decision for 90 days to give the government the opportunity to appeal.[21][22]

Publications
  • California Complex Litigation Manual (1990)
  • Insurance Coverage in a Toxic Tort Case, A Guide to Toxic Torts (1987)
gollark: Specialized binary prefixes let you use base 2 if you want to for some reason but use the more consistent and easier to manipulate base 10.
gollark: Programmers like base 2, but all other stuff is mostly done in base 10 and the prefixes were designed around that.
gollark: Because it's the standard for other units and we use base 10?
gollark: For all other units, you use kilo/mega/giga for 10^3, 10^6, 10^9 etc.
gollark: https://en.wikipedia.org/wiki/Metric_prefix

References
  1. "Honorable Susan Illston" (PDF). American Bar Association. Retrieved 2009-04-09.
  2. http://www.abanet.org/antitrust/at-bios/illston-susan.pdf
  3. "Judgepedia Susan Illston". Judgepedia. Archived from the original on 2010-03-25. Retrieved 2010-02-25.
  4. "Presidential Nominations - THOMAS (Library of Congress)".
  5. CIRCUIT, UNITED STATES COURT OF APPEALS FOR THE NINTH (1 January 1999). "196 F3d 958 Edward Diloreto v. Downey Unified School District Board of Education". F3d (196). Cite journal requires |journal= (help)
  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. Thomas, Katie (2009-02-27). "Judge in Bonds Case Has Reputation as Quick Study". The New York Times. Retrieved 2010-05-24.
  9. Egelko, Bob (2009-04-09). "Students disciplined for praying can sue". San Francisco Chronicle. Retrieved 2009-04-09.
  10. "Off-road Routes in Mojave Desert Found Illegal".
  11. "Judge rejects U.S. plan for road building in 4 forests". 30 September 2009.
  12. Sahagun, Louis (30 September 2009). "Judge rejects U.S. management plan for California desert" – via LA Times.
  13. "KITTERMAN v. THOMAS | Case No. 16-cv-04058-SI... | 20161122961|Leagle.com". Leagle.com. Retrieved 2018-07-07.
  14. "LII U.S. Code Title 28. JUDICIARY AND JUDICIAL PROCEDURE Part I. ORGANIZATION OF COURTS Chapter 21. GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES Section 453. Oaths of justices and judges| 28 U.S. Code § 453.Oaths of justices and judges... | 28 U.S. Code § 453|law.cornell.edu". Cornell Law School. Retrieved 2019-12-13.
  15. Sony Computer Entertainment America LLC v. George Hotz, et al., No. C-11-00167 SI (N.D. Cal. filed Jan. 11, 2011)
  16. David, Kravets (February 7, 2011). "Sony Lawyers Expand Dragnet, Targeting Anybody Posting PlayStation 3 Hack". Wired. Retrieved February 10, 2011.
  17. "Judge in PS3 case lets Sony track visitors to Geohot website". electronista. Retrieved 5 March 2011.
  18. NSL Order Scribd, accessed 1 SEP 2013
  19. "18 U.S. Code § 2709 - Counterintelligence access to telephone toll and transactional records".
  20. Court Finds NSL Statutes Violate First Amendment and Separation of Powers EFF, accessed September 1, 2013
  21. "In re: National Security Letter 2011 (11-2173)". 11 July 2012.
  22. "Gagging recipients of National Security Letters found unconstitutional".
Legal offices
Preceded by
Barbara A. Caulfield		 Judge of the United States District Court for the Northern District of California
1995–2013		 Succeeded by
Vince Girdhari Chhabria
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