
Court: Native American tribe can’t be a “sovereign” shield during patent review - xoa
https://arstechnica.com/tech-policy/2018/07/court-native-american-tribe-cant-be-a-sovereign-shield-during-patent-review/
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breakingcups
What would happen if more parties start proxying their unlawful or at least
dubious behaviour through Native American tribes like this? Some tribes seem
to be willing to sell their immunity for enough money.

I'm not from the U.S., what kind of actions could the U.S. government take?

~~~
ttctciyf
This idea was one of the strands of the biggest, hugest conspiracy theory of
the 90's variously known as the Inslaw scandal, The Octopus, etc., which
pulled into itself events surrounding a murder involving an obscure (23
member, iirc) group of Native Americans, the Cabazon:

> Some believe Alvarez had discovered money-skimming by outsiders helping the
> tiny Cabazon Band of Mission Indians manage its fledgling casino. Others
> suspect, however, that he had stumbled onto plans for a top-secret weapons
> deal on reservation land.

> Witnesses and court documents diverge considerably, however, on whether a
> secret partnership between the Cabazon tribe and the private security firm
> Wackenhut Corp. was a deal to provide security services, build a munitions
> arsenal or sell weapons to the Nicaraguan Contras, a U.S.-backed rebel
> group. [1]

Trouble is, as far as your question goes, various government entities
including the Justice Dept. and the CIA, etc. were the ones taking advantage
of the territorial immunity of the tribe concerned (in various of the
conspiracy scenarios, that is, which I in no way endorse, though I still read
up on it when possible)

If you're interested, for an overview of the wider ramifications, [2] & [3]
are not-bad entry points.

1: [http://www.sandiegouniontribune.com/sdut-murder-case-
dropped...](http://www.sandiegouniontribune.com/sdut-murder-case-dropped-
in-1981-ca-tribal-slaying-2010jul01-story.html)

2: [https://www.muckrock.com/news/archives/2017/may/16/FBI-
promi...](https://www.muckrock.com/news/archives/2017/may/16/FBI-promis-
part-1/)

3: [https://www.muckrock.com/news/archives/2018/mar/15/danny-
cas...](https://www.muckrock.com/news/archives/2018/mar/15/danny-casolaro-
primer/)

~~~
smnrchrds
> Trouble is, as far as your question goes, various government entities
> including the Justice Dept. and the CIA, etc. were the ones taking advantage
> of the territorial immunity of the tribe concerned.

I just had the scary thought of the US setting up Guantanamo-like prisons on
reservations. If it was legally possible, they probably would have done it
already.

~~~
Bartweiss
The plenary power doctrine holds that US tribes aren't sovereign with regard
to the US federal government, which is why they're controlled by laws instead
of treaties. This is also why you can't get tribal protection against federal
criminal charges.

But the flip side of that is that tribal sovereignty can't protect government
actions; as the superior power both Constitutional rules and international
treaties would remain in force.

(I can't work out what's up with the Inslaw case. Tribal territory definitely
doesn't legalize CIA arms deals, so there isn't even a motive for a conspiracy
like that. But even Wikipedia suggests that case could "drive a sane man to
madness".)

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protomyth
I figured it wouldn't fly because of some of the earlier rulings with casinos.

Well, I cannot blame the tribe for trying to get in on some of that tech
money. Its not like there has been much outreach in this era of diversity
initives. The tech companies list Native Americans in the Other column. Their
prefered universities to recruit from don't really recruit from the
reservation schools, and those same universities give scholorships and
positions slated for Native Americans to non-natives. I look at Apple's
initiave to get community colleges programming in Swift and see no tribal
community college. Google blocked a tribal community college on Google Voice
(thanks AT&T for finding that one). One PC company, who has since changed
their ways, refused to treat tribal community college as an educational
instutions.

~~~
mistrial9
Native-Americans have a diverse background in the last hundred years,
including military service, sports and film making.. generally not big on the
Academic side, if that is possible to say.. the programs you allude to are
fraught with difficulties, for all kinds of reasons.. not simple, and
certainly not solved by urgent, well-meaning people..

~~~
boomboomsubban
This is an issue that I'm regularly amazed urgent, well-meaning people are not
up in arms about. That lack of academic success is largely to blame on the
Department of the Interior's ineptitude. Reservation schools are often so bad,
parents send their children to _still_ existing Residential Schools, where
Church protected groups make millions a year to set kids up in foster homes
and enroll them in the local public school.

The entire situation is a disgusting.

~~~
protomyth
I'm just amazed that the whole of America is not offended by the Department of
the Interior's ineptitude. Our internet got cut for two weeks because they
were required to be removed from the internet because of how sloppy their IT
security was. Made for some problems with our distance learning classes. Even
the colleges who paid for their internet from a private provider were
affected. Hell, BIE still thinks a T1 is good enough for a community college.

North Dakota has open enrollment, so there are a lot of buses from other
schools on the rez each morning (which I find good for the students). The
tribes runs the local school not the BIE, and I think that is much more common
these days. We don't have any of the old BIA schools, and the most common
boarding school in our area is a world of difference from the old government
crap (it is now run by Native Americans and does wonders for troubled
children).

~~~
quiq
I Grew up near a rez in ND, my dad worked at the tribal college for as long as
I can remember. Open enrollment does help. A sizable chunk of the local public
school population lived on the rez. The tribal highschool looks more like a
prison (not a single window on the outside) and teachers rarely last more than
a couple years.

On the note of the sad state of diversity initiatives, I recall a particular
quote from a local restaurant owner: "If their last name has a verb or an
animal in it I throw it in the trash"

~~~
protomyth
I think I know which one you mean (opened in 1985, it does have a sky light,
one window behind the concrete towerish thing, and a door on the 3rd floor
boiler room). Amazingly, its a "celebrated" design from Texas. The "how do we
vent a gas leak" was hilarious, not to mention how fast strep throat traveled.

Oh yeah, that place was a horrible place since it was half public (high
school), half BIA (elementary). I am told they have improved, but it was not
great when I went there. They finally got rid of the BIA.

Yeah, some of the "border" towns have some really, flat out racist people. The
"safety inspections" on the first of the month positioned to stop all cars
coming off the rez were some serious BS. Talk about hitting people when they
are already down.

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glitcher
The EFF has a good write-up on this also:

[https://www.eff.org/deeplinks/2018/07/federal-circuit-
reject...](https://www.eff.org/deeplinks/2018/07/federal-circuit-rejects-
pharmaceutical-companys-attempt-dodge-review-its-patents)

------
Nasrudith
Really trying to use any other sovereign in a patent case is just plain silly.
It is US patents that are relevant for granting barring treaties. They are out
of jurisdiction by definition - leaving only diplomatic consequences which are
usually pretty mild. France can't stop the US from calling Californian white
wine champagne.

