Unconstitutional on its face. They know this, they all know this. Just like the Mormon Porn Act in Utah, people need to look for the real reasons behind this. The legislators are (presumably) intelligent enough to read their own proposed legislation, and to have their staffs research it's constitutionality. So either they know it is unconstitutional and simply seek to burden the state with millions in lawyers fees to unsuccessfully defend it, or they and their staffs are unable (or unwilling) to understand basic constitutional law. Either way, if this mockery gets passed, anyone who had anything to do with it need to go.
My bet? Dies in committee. Publicity gained, political opponents smeared for not "thinking of the children", goal achieved. And fundraising goes way up.
With qualified immunity and other judicial decisions, cops need to be specifically informed and trained on just about anything that violates the rights of citizens. Qualified immunity shields public officials from damages for civil liability so long as they did not violate an individual's "clearly established" statutory or constitutional rights. Until a court says something is "clearly established", the police are free to do what they want, and they have the absolute joy of not even needing to know anything about the law beforehand.
Yes, that is exactly what they will do. The cops will show up and force an involuntary commitment on anyone they feel is a risk to themselves. Then they will have the joy of being forced to take drugs that actually increase the risk of suicide, especially in anyone under the age of 25. This is why ALL SSRIs have a black box warning on them warning of the risk to anyone under 25.
Face has zero reason or responsibility to try and prevent suicide, either in the US or in the EU. In the EU articles 3 and 4 of the Charter of Fundamental Rights makes it crystal clear.
Article 3 - Right to integrity of the person
Send with Email1. Everyone has the right to respect for his or her physical and mental integrity.2. In the fields of medicine and biology, the following must be respected in particular:- the free and informed consent of the person concerned, according to the procedures laid down by law,- the prohibition of eugenic practices, in particular those aiming at the selection of persons,- the prohibition on making the human body and its parts as such a source of financial gain
Article 4 - Prohibition of torture and inhuman or degrading treatment or punishment
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
Suicide is a personal decision and the state has no business interfering with it. Both the US and EU make it clear that informed consent is required for any and all medical procedures and interventions. Forcing people to take medications and/or imprisoning them in psych hospitals is a gross violation of human rights. It actually increases the risk of suicidal behaviours. There are no anti-depressants that are safe for anyone under the age of 25 and all SSRIs increase both suicidal ideation and suicide attempts. Since that is the main way that suicidal people are treated, it is counter-productive and harmful. Neither Facebook or the state has the right to try and force anyone to be be 'treated' for having suicidal thoughts. Just because a person is 'broken' doesn’t mean they have no rights. And it sure as hell isn't the states responsibility to force someone to live who chooses not to. Facebook needs to stick to serving ads and stay the fuck out of peoples business.
"Why the league continues to pretend it has rights it doesn't have when companies accurately referring to the game's name are no threat at all is beyond me."
Ask the IOC. They've shown everyone worldwide how to abuse trademarks.
If someone does actually make the NFL back down, I don't think it would take long for Congress to pass a moronic law granting them IOC-style legal privileges.
"What it might do, however, is lead to calls by law enforcement to block the release of this info in the future."
We all know it will be blocked in the future.
As for what can go wrong Mr. Kulawiec? Everything. At least from the perspective of the citizenry. There is no doubt that the cops are overjoyed with the current state of affairs.
It does make me wonder about the statutorily mandated retention of official court records and court orders though. Are the cops and the judges using state issued phones, computers and email accounts? Or are they doing this on their personally owned devices and email? Does the warrant request and the warrant go to copper69@aol.com and judgedredd@yahoo.com?
There are very good reasons why ALL warrants should be issued on paper. If you are served a warrant by paper you can see exactly what places are to be searched and what is being searched for. A warrant in a text message or email? That is, on it's face, ridiculous. Without the seal of the court that issued it, and without the physical signature of the judge that issued it, how on earth is anyone supposed to know that there actually is a valid warrant?
"Hey Joe", said Copper No. 1. "Text me a 'warrant' so I can fuck with this guy who pissed me off."
There are so many ways that this can be gamed by those in law enforcement that I honestly fail to see how anything like this can actually exist. Are all of the emails PGP signed by all of the parties? Did the judge actually send that text? Was a clerk doing it or the judges kids if he's at home?
Forcing face to face contact between cops and judges is already a rubber stamp. I see no way that E-Warrants can do anything else but make it even worse.
Slavish devotion to precedent is extremely problematic. The biggest problem with the judiciary and the law in general in the US is that so much of it based, rather openly, on pure sophistry. Copyright law, as professed by the IP industry is a good example. As is the 'qualified immunity' BS doctrine. To be honest, Techdirt exists almost exclusively to highlight this type of BS and inform people about the sophistry inherent in the system.
The following 'license' from Smashwords is one of the many reasons I have zero respect for copyright anymore. It continues the BS that started with the software industry in the 70s and takes it to the extreme. They are well aware that their 'license' is bullshit, and they simply do not care about actual copyright law. In that regard they are really no different from most of the IP community.
Smashwords License Statement
This ebook is licensed for your personal enjoyment only. This ebook may not be re-sold or given away to other people. If you would like to share this book with another person, please purchase an additional copy for each person. If you’re reading this book and did not purchase it, or it was not purchased for your use only, then please return to Smashwords.com and purchase your own copy. Thank you for respecting the hard work of this author.
As you can see, they have zero respect, or even basic understanding of the right of first sale. It has been pointed out to them and their response is that e-books are different and that the purchaser has no rights whatsoever. This attitude is so common now that it is the new normal. You see corporations like the NFL (hell, all of the major sports leagues) repeatedly claim 'rights' that simply do not exist. So zero respect for any of them and their copyrights.
Until sanity returns to the field of copyright law, a pox on all of their houses.
I'm reminded of this quote almost every time the FBI is involved in a case.
He who permits himself to tell a lie once, finds it much easier to do it a second and third time, till at length it becomes habitual; he tells lies without attending to it, and truth without the world’s believing him. This falsehood of the tongue leads to that of the heart, and in time depraves all its good dispositions.
Thomas Jefferson
The FBI lies so habitually I fail to see how any judge can treat them as credible.
If ever there was a time to end both the cop and the judge, this is it. Fuck them, fuck them all. Society does not need this human detritus - except as fertilizer.
And the worst part? The parents are paying for their own kids to be molested. Less than 21K people in the county, 35% under 18. That's a lot money to pay for a crooked sheriff, on a per capita basis. Your kid gets $3,500, but your family has to pay $1000+? Not worth it.
If the company insuring the county was smart, they would sue the sheriff and his deputies, get them stripped of immunity, and take everything from them. THAT will force departments everywhere to straighten up; if that's the only way to be insurable.
On the post: Virginia Politicians Looks To Tax Speech In The Form Of Porn In The Name Of Stemming Human Trafficking
Unconstitutional on its face. They know this, they all know this. Just like the Mormon Porn Act in Utah, people need to look for the real reasons behind this. The legislators are (presumably) intelligent enough to read their own proposed legislation, and to have their staffs research it's constitutionality. So either they know it is unconstitutional and simply seek to burden the state with millions in lawyers fees to unsuccessfully defend it, or they and their staffs are unable (or unwilling) to understand basic constitutional law. Either way, if this mockery gets passed, anyone who had anything to do with it need to go.
My bet? Dies in committee. Publicity gained, political opponents smeared for not "thinking of the children", goal achieved. And fundraising goes way up.
On the post: First Amendment Lawsuit Results In Louisiana Police Department Training Officers To Respect Citizens With Cameras
Re:
On the post: First Amendment Lawsuit Results In Louisiana Police Department Training Officers To Respect Citizens With Cameras
Re: Sad
On the post: Unintended Consequences Of EU's New Internet Privacy Rules: Facebook Won't Use AI To Catch Suicidal Users
Re: "Save the children"
Yes, that is exactly what they will do. The cops will show up and force an involuntary commitment on anyone they feel is a risk to themselves. Then they will have the joy of being forced to take drugs that actually increase the risk of suicide, especially in anyone under the age of 25. This is why ALL SSRIs have a black box warning on them warning of the risk to anyone under 25.
On the post: Unintended Consequences Of EU's New Internet Privacy Rules: Facebook Won't Use AI To Catch Suicidal Users
Not Facebooks Problem
Face has zero reason or responsibility to try and prevent suicide, either in the US or in the EU. In the EU articles 3 and 4 of the Charter of Fundamental Rights makes it crystal clear.
Article 3 - Right to integrity of the person Send with Email 1. Everyone has the right to respect for his or her physical and mental integrity. 2. In the fields of medicine and biology, the following must be respected in particular: - the free and informed consent of the person concerned, according to the procedures laid down by law, - the prohibition of eugenic practices, in particular those aiming at the selection of persons, - the prohibition on making the human body and its parts as such a source of financial gain
Article 4 - Prohibition of torture and inhuman or degrading treatment or punishment No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
Suicide is a personal decision and the state has no business interfering with it. Both the US and EU make it clear that informed consent is required for any and all medical procedures and interventions. Forcing people to take medications and/or imprisoning them in psych hospitals is a gross violation of human rights. It actually increases the risk of suicidal behaviours. There are no anti-depressants that are safe for anyone under the age of 25 and all SSRIs increase both suicidal ideation and suicide attempts. Since that is the main way that suicidal people are treated, it is counter-productive and harmful. Neither Facebook or the state has the right to try and force anyone to be be 'treated' for having suicidal thoughts. Just because a person is 'broken' doesn’t mean they have no rights. And it sure as hell isn't the states responsibility to force someone to live who chooses not to. Facebook needs to stick to serving ads and stay the fuck out of peoples business.
On the post: Dutch Approach To Asset Forfeiture Will Literally Take The Clothes Off Pedestrians' Backs
Got His Name Wrong
On the post: The NFL Pretending Trademark Law Says Something It Doesn't Leads To Hilariously Amateurish Ads For 'The Big Game'
"Why the league continues to pretend it has rights it doesn't have when companies accurately referring to the game's name are no threat at all is beyond me."
Ask the IOC. They've shown everyone worldwide how to abuse trademarks.
If someone does actually make the NFL back down, I don't think it would take long for Congress to pass a moronic law granting them IOC-style legal privileges.
On the post: Disrupting The Fourth Amendment: Half Of Law Enforcement E-Warrants Approved In 10 Minutes Or Less
Re: Wait. What?!
"What it might do, however, is lead to calls by law enforcement to block the release of this info in the future."
We all know it will be blocked in the future.
As for what can go wrong Mr. Kulawiec? Everything. At least from the perspective of the citizenry. There is no doubt that the cops are overjoyed with the current state of affairs.
It does make me wonder about the statutorily mandated retention of official court records and court orders though. Are the cops and the judges using state issued phones, computers and email accounts? Or are they doing this on their personally owned devices and email? Does the warrant request and the warrant go to copper69@aol.com and judgedredd@yahoo.com?
There are very good reasons why ALL warrants should be issued on paper. If you are served a warrant by paper you can see exactly what places are to be searched and what is being searched for. A warrant in a text message or email? That is, on it's face, ridiculous. Without the seal of the court that issued it, and without the physical signature of the judge that issued it, how on earth is anyone supposed to know that there actually is a valid warrant?
"Hey Joe", said Copper No. 1. "Text me a 'warrant' so I can fuck with this guy who pissed me off."
There are so many ways that this can be gamed by those in law enforcement that I honestly fail to see how anything like this can actually exist. Are all of the emails PGP signed by all of the parties? Did the judge actually send that text? Was a clerk doing it or the judges kids if he's at home?
Forcing face to face contact between cops and judges is already a rubber stamp. I see no way that E-Warrants can do anything else but make it even worse.
On the post: Psychiatrist Bitterly Drops Defamation Lawsuit Against Redditors
Well, this brouhaha is the 2nd and 3rd results from Google and the number one hit from Bing.
Barbra is smirking from her Malibu house.
On the post: Funniest/Most Insightful Comments Of The Week At Techdirt
Re: Re: Re: Re: Copyrights and Respect
The judiciary is the US has been in the position of being bent over with their pants down to their ankles for a long time.
Stare decisis and the fanatical way so many judges adhere to it has been ruinous to the moral fabric of the judicial branch. See: https://scholarship.law.nd.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=4561&co ntext=ndlr
Slavish devotion to precedent is extremely problematic. The biggest problem with the judiciary and the law in general in the US is that so much of it based, rather openly, on pure sophistry. Copyright law, as professed by the IP industry is a good example. As is the 'qualified immunity' BS doctrine. To be honest, Techdirt exists almost exclusively to highlight this type of BS and inform people about the sophistry inherent in the system.
On the post: Funniest/Most Insightful Comments Of The Week At Techdirt
Re: Re: Copyrights and Respect
The following 'license' from Smashwords is one of the many reasons I have zero respect for copyright anymore. It continues the BS that started with the software industry in the 70s and takes it to the extreme. They are well aware that their 'license' is bullshit, and they simply do not care about actual copyright law. In that regard they are really no different from most of the IP community.
Smashwords License Statement
This ebook is licensed for your personal enjoyment only. This ebook may not be re-sold or given away to other people. If you would like to share this book with another person, please purchase an additional copy for each person. If you’re reading this book and did not purchase it, or it was not purchased for your use only, then please return to Smashwords.com and purchase your own copy. Thank you for respecting the hard work of this author.
As you can see, they have zero respect, or even basic understanding of the right of first sale. It has been pointed out to them and their response is that e-books are different and that the purchaser has no rights whatsoever. This attitude is so common now that it is the new normal. You see corporations like the NFL (hell, all of the major sports leagues) repeatedly claim 'rights' that simply do not exist. So zero respect for any of them and their copyrights.
Until sanity returns to the field of copyright law, a pox on all of their houses.
On the post: Trump's Personal Lawyer Sues Buzzfeed For Publishing Allegedly False Statements Written By Someone Else
Re:
On the post: Trump's Personal Lawyer Sues Buzzfeed For Publishing Allegedly False Statements Written By Someone Else
On the post: Trump Doesn't Understand Surveillance Powers; House Votes To Give Him More Of It
Re:
On the post: Publisher Not At All Impressed By Trump's Defamation Threat Letter; Promises To Defend The First Amendment
Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re:
― Winston S. Churchill
On the post: Dennis Prager Seeks Injunction To Keep YouTube From Administering Its Own Site While YouTube Seeks Dismissal
Re:
On the post: MalwareTech Prosecution Appears To Be Falling Apart As Gov't Plays Keep Away With Documents Requested By Defense
Feds Have a Serious Credibility Problem
I'm reminded of this quote almost every time the FBI is involved in a case.
He who permits himself to tell a lie once, finds it much easier to do it a second and third time, till at length it becomes habitual; he tells lies without attending to it, and truth without the world’s believing him. This falsehood of the tongue leads to that of the heart, and in time depraves all its good dispositions.
Thomas Jefferson
The FBI lies so habitually I fail to see how any judge can treat them as credible.
On the post: Appeals Court: Forcing A Teen To Masturbate So Cops Can Take Pictures Is A Clear Violation Of Rights
Re: Re: Two Words
On the post: Appeals Court: Forcing A Teen To Masturbate So Cops Can Take Pictures Is A Clear Violation Of Rights
Two Words
If ever there was a time to end both the cop and the judge, this is it. Fuck them, fuck them all. Society does not need this human detritus - except as fertilizer.
On the post: Sheriff's Office To Pay $3 Million For Invasive Searches Of 850 High School Students
Re: Hmmm
And the worst part? The parents are paying for their own kids to be molested. Less than 21K people in the county, 35% under 18. That's a lot money to pay for a crooked sheriff, on a per capita basis. Your kid gets $3,500, but your family has to pay $1000+? Not worth it.
If the company insuring the county was smart, they would sue the sheriff and his deputies, get them stripped of immunity, and take everything from them. THAT will force departments everywhere to straighten up; if that's the only way to be insurable.
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