I hate these 'on the internet' laws that literally make no sense if you were to put them in a real-life scenario.
The internet is just another 'place', and bad things happen in 'places'. If this guy was King of America, he'd start prosecuting Police Officers and Town Councils for not doing enough to 'stop sex trafficking' in each municipality.
I am completely fine with them passing this law... just they also need to pass a few other laws as well.
Law Number 1: This law will find mismanagement of public funds (i.e. graft, kickbacks, improper expenditures, etc.) within the same requisite amount of time within the government. The government heads will then be held responsible any time any of these activities occur and are not caught within 2 hours.
Law Number 2: I also want NHS to be able to identify medical fraud within 2 hours, otherwise the employees will be subject to criminal penalties...
Law Number 3: I want lawmakers to have all of their facts checked and a retraction for their false statements to be done within 2 hours and failure to issue such retraction will result in criminal and civil penalties.
I mean... if asking Google to censor 'extremist' content in 2 hours is fine, these should be a piece of cake as well!
I think someone should send Mr. Blumenthal a letter saying they are a sex trafficker and solicit him to use their services. Then immediately in the same letter demand that he prosecute the email provider (federal government if you use his .gov email) for providing the ability to solicit him. Since you, the sex trafficker, have made them aware (in the same email no less), he needs to immediately prosecute all IT staffers for allowing said email to go through and not be caught by their filter.
I didn't see in the verbiage of SESTA that says that you get a pass out of incompetence or a grace period after which they are made aware. You are immediately liable for criminal charges the minute you 'know'. So follow up with a second email just to be on the safe side!
According to the Greenhouse extension, Mr. Blumenthal's highest contributors are Lawyers and Law firms... of course he wants this legislation. He's being paid to yell 'for the children' as loud as he can. He smells blood in the water.
Let's say that I ran a small web forum that allowed people to buy and sell old electronics equipment. I have a small fan base with a few thousand comments a day. This is more than a single person can moderate, but not enough ad revenue to actually hire anyone. If a few users began to offer to sell 'televisions' with ads like '2010 36" Sony Television for $300' with a picture of a child and the TV, most people wouldn't think anything of it.
Scenario 1: Let's say that this creep was instead pimping out his kid, got caught, and then told the police what he was doing on your site to meet customers.
At that moment, the police come knocking...
Scenario 2: Let's say that some rival business/crazy person on the internet (remember the sex ring Clinton had in a pizza place?) decided it didn't like your site and leaked a 'tip' to cops about a potential pimp selling his wares on your site... At that moment, the police come knocking...
In either scenario, you would not have had knowledge. NOW you have knowledge. You have two options: shutter your web site or figure out who the hell is selling TVs and who is a pimp... All I have to say is good luck... Just a shame you have to stop your passion of used electronics swapping down the river because of sex crimes you had nothing to do with.
While maybe slightly tone deaf, I'd expect people to take it as light hearted advertisement for the show. Reading between the lines I heard 'we aren't going to send you threatening letters, so please watch it on Netflix'
This is a much better approach than the 'You wouldn't steal a car... copyright theft is a crime' crap that we were inundated with 5+ years ago.
There are just no words to describe how corrupt this is. This is the kind of thing that happens in 3rd world countries ran by dictators.
You know there is no accountability when not a single person is charged, multiple people are STILL promoted, and dirty money flying everywhere...
Congress should investigate each and every officer and official that contacted or used Bristol and fire them on the spot for gross negligence.... but instead... expect more promotions and more kickbacks and another Bristol to spring up in a couple months (if there isn't one already out there).
I just am appalled at how slapdash these e-voting machines are. You hear about these Still running Windows XP or never having even the most basic of a security audit ran on them...
It would seem this market would be ripe for someone to disrupt it with the use of a 'modern' OS *gasp*, security audits, and a paper backup that the voter can validate and be kept for a manual audit.
However... because it is our government we are talking about, these systems aren't chosen on merit, but by who has donated the most money to a congress critter in the area... 'MERICA!
Microsoft has had the ability to 'sabotage' your computer since XP with software updates. Apple could cut you off from your iCloud backup any time you want. The phone in your pocket relays location-based information to you every second of the day.
Hardware is becoming software. I think CFAA is broken, not that hardware can be updated OTA. Perfect example is Jeep got hacked a couple years back. Only 'fix' was taking it into a dealership! If something is internet-connected, it should be able to be OTA updated. If that scares you, it should scare you more that anything reaching 'outside' to the internet is way more scary when it cannot be patched.
Just like so many things, just because something is legal, doesn't mean you should. This is an optics problem that the UCD Police Department should consider changing if they want to have the goodwill and support of the public.
I get upset at how these LEO die-hards bemoan the loss of respect that officers are shown. They see every cop as the Sheriff of Mayberry, but for some reason I don't ever recall him pulling a stunt like this...
Side Note: I have friends that are cops and I respect how difficult their job is. It is asshats cops like this that make their job harder on a daily basis and put them in more danger... Pick your battles UCD... this isn't the cross you want to die on.
Isn't it Comcast who makes sure when you are locked into a two-year agreement that you are going to pay a 'termination fee' if you want to cancel service? How is this any different than them signing a contract with the state to run an additional 550 miles of cable?
Such a 'novel' interpretation that the First Amendment somehow negates contract law...
So let's assume for a second this is allowed to stand.... All I'm hearing is it is dangerous as a company to have business dealings or employees in East Texas...
Assume for a moment that you are a tech company that has to litigate this nonsense. Wouldn't it make more sense for me to lay off my East Texas workforce (especially in remote instances like this) to lower my risk? Be cheaper to fly in a sales person every week than 'establish residence'.
If you live in East Texas, say goodbye good paying jobs, courtesy of your one and only Judge Gilstrap!
Isn't Streaming the same as Over-the-Air/Cable television?
So I have a question that I hope someone can answer for me... What copyrights do Over-the-Air television broadcasts need? Going down the list, I'd assume:
#1 would not apply since it isn't making a copy #2 would not apply since it isn't a derivative #3 doubtful if you would need that given the transitory nature #4 yes because it is giving the public access via the OTA/Cable medium (is that the right interpretation?) #5 yes? Seems similar to #4 so having a hard time parsing that one #6 yes, obviously.
So just because this is music and you get to 'pick' what you want, how does that differ from multiple channels?
I really think people need to realize just because 'it is done on a computer' doesn't mean this stuff is brand new...
Get ready for password sharing to be a prosecuted under anti-terror legislation
I'm a developer, and maybe that has jaded my thinking about issues and problems... I would have thought that lawyers would have had the same rationale as me, but I'm starting to think they are the yin to our yang.The more I think about it... developers try to close all loop holes and lawyers try to create as many as possible.
We try and create a solution that works for the largest amounts of use cases with the smallest amount of effort. In cases like this; where you are looking for a zero-tolerance policy (absolutely no terrorists/anonymous interactions) then you are setting yourself up for complete and utter failure...
When a workaround is as simple as sharing a password, STEALING a password, or using an open protocol (*gasp!*)... you have failed even the most rudimentary of protections... of course then you have to create an anti-terror law to fix this 'edge case'. etc. etc. etc.
My suggestion was not a one-size-fits-all, but yet another option for devs to employ on a case-by-case basis. HumbeBundle and other key resellers have a legitimate business and shouldn't be penalized.
Use cases would include:
A developer wants to give out 100 free keys to promote their game for whatever reason, a feature to lock that to a specific account would be helpful to stop resellers getting their hands on it.
A developer wants to hand out a key to specific reviewers. Given there are lots of bloggers and other alternative media sources, it would be nice to know someone who is requesting one can't just sell the key.
A developer hears a story about a person who can't afford the game and wants to give them a key, but doesn't want them to sell it.
Those are more of the use cases I'm looking at; giving the developers power to control their generosity without it being used against them; not trying to kill legitimate 3rd parties.
What I don't get is why Steam doesn't do a 'key to id' validation... Key A only unlocks the game for gamertag B. Game cannot be 'gifted' if this key is used. Seems like a simple way to shut down shady sellers and let businesses give them away at their discretion.
"Need a key? provide me your steam account name and we'll hook you up!"
On the post: Google Will Survive SESTA. Your Startup Might Not.
SESTA -- Community Edition
The internet is just another 'place', and bad things happen in 'places'. If this guy was King of America, he'd start prosecuting Police Officers and Town Councils for not doing enough to 'stop sex trafficking' in each municipality.
On the post: Insanity: Theresa May Says Internet Companies Need To Remove 'Extremist' Content Within 2 Hours
Beholden to your same standards...
Law Number 1: This law will find mismanagement of public funds (i.e. graft, kickbacks, improper expenditures, etc.) within the same requisite amount of time within the government. The government heads will then be held responsible any time any of these activities occur and are not caught within 2 hours.
Law Number 2: I also want NHS to be able to identify medical fraud within 2 hours, otherwise the employees will be subject to criminal penalties...
Law Number 3: I want lawmakers to have all of their facts checked and a retraction for their false statements to be done within 2 hours and failure to issue such retraction will result in criminal and civil penalties.
I mean... if asking Google to censor 'extremist' content in 2 hours is fine, these should be a piece of cake as well!
On the post: Senator Blumenthal Happy That SESTA Will Kill Small Internet Companies
Does email count?
I didn't see in the verbiage of SESTA that says that you get a pass out of incompetence or a grace period after which they are made aware. You are immediately liable for criminal charges the minute you 'know'. So follow up with a second email just to be on the safe side!
On the post: Senator Blumenthal Happy That SESTA Will Kill Small Internet Companies
Greenhouse Blumenthal
On the post: Is There A Single Online Service Not Put At Risk By SESTA?
Don't forget Tor!
And Tor hosts running the onion routers...
On the post: Why SESTA Is Such A Bad Bill
Good luck when 'coded messages' enter the mix
Scenario 1:
Let's say that this creep was instead pimping out his kid, got caught, and then told the police what he was doing on your site to meet customers.
At that moment, the police come knocking...
Scenario 2:
Let's say that some rival business/crazy person on the internet (remember the sex ring Clinton had in a pizza place?) decided it didn't like your site and leaked a 'tip' to cops about a potential pimp selling his wares on your site... At that moment, the police come knocking...
In either scenario, you would not have had knowledge. NOW you have knowledge. You have two options: shutter your web site or figure out who the hell is selling TVs and who is a pimp... All I have to say is good luck... Just a shame you have to stop your passion of used electronics swapping down the river because of sex crimes you had nothing to do with.
On the post: Trump Administration Says It's Classified If They Can Let The NSA Spy On Americans
well if he can answer 702(b)(4)...
Can the government use FISA Act Section 702(b)(1) to collect communications it knows are entirely domestic?
Can the government use FISA Act Section 702(b)(2) to collect communications it knows are entirely domestic?
Can the government use FISA Act Section 702(b)(3) to collect communications it knows are entirely domestic?
Can the government use FISA Act Section 702(b)(4) to collect communications it knows are entirely domestic?
Might take a while, but hey... if you are going to play the game...
On the post: Trump Administration Says It's Classified If They Can Let The NSA Spy On Americans
well if he can answer 702(b)(4)...
Can the government use FISA Act Section 702(b)(1) to collect communications it knows are entirely domestic?
Can the government use FISA Act Section 702(b)(2) to collect communications it knows are entirely domestic?
Can the government use FISA Act Section 702(b)(3) to collect communications it knows are entirely domestic?
Can the government use FISA Act Section 702(b)(4) to collect communications it knows are entirely domestic?
Might take a while, but hey... if you are going to play the game...
On the post: Netflix Has Narcos Actors Threaten To Shoot The Families Of French People For Pirating The Show
Re: Usually I agree with your analysis....
This is a much better approach than the 'You wouldn't steal a car... copyright theft is a crime' crap that we were inundated with 5+ years ago.
On the post: ATF Ran Illegal Mixed-Money Slush Fund For Years With Zero Oversight, Auditing, Or Punishment
Drain the swamp?
You know there is no accountability when not a single person is charged, multiple people are STILL promoted, and dirty money flying everywhere...
Congress should investigate each and every officer and official that contacted or used Bristol and fire them on the spot for gross negligence.... but instead... expect more promotions and more kickbacks and another Bristol to spring up in a couple months (if there isn't one already out there).
On the post: Virginia (Again) Dumps Electronic Voting Devices Over Concerns About Election Interference
What is so hard about this...
It would seem this market would be ripe for someone to disrupt it with the use of a 'modern' OS *gasp*, security audits, and a paper backup that the voter can validate and be kept for a manual audit.
However... because it is our government we are talking about, these systems aren't chosen on merit, but by who has donated the most money to a congress critter in the area... 'MERICA!
On the post: Tesla Remotely Extended The Range Of Drivers In Florida For Free... And That's NOT A Good Thing
Welcome to the future
Microsoft has had the ability to 'sabotage' your computer since XP with software updates. Apple could cut you off from your iCloud backup any time you want. The phone in your pocket relays location-based information to you every second of the day.
Hardware is becoming software. I think CFAA is broken, not that hardware can be updated OTA. Perfect example is Jeep got hacked a couple years back. Only 'fix' was taking it into a dealership! If something is internet-connected, it should be able to be OTA updated. If that scares you, it should scare you more that anything reaching 'outside' to the internet is way more scary when it cannot be patched.
On the post: Cop Cleans Out Wallet Of Unlicensed Hot Dog Vendor Just Because He Can
So much for 'Community Policing'
I get upset at how these LEO die-hards bemoan the loss of respect that officers are shown. They see every cop as the Sheriff of Mayberry, but for some reason I don't ever recall him pulling a stunt like this...
Side Note: I have friends that are cops and I respect how difficult their job is. It is asshats cops like this that make their job harder on a daily basis and put them in more danger... Pick your battles UCD... this isn't the cross you want to die on.
On the post: Comcast Sues Vermont, Insists Having To Expand Broadband Violates Its First Amendment Rights
Double Standards
Such a 'novel' interpretation that the First Amendment somehow negates contract law...
On the post: Patent Trolls' Favorite Judge Comes Up With Test To Keep Patent Cases In East Texas, No Matter What SCOTUS Said
Goodbye East Texas Jobs
Assume for a moment that you are a tech company that has to litigate this nonsense. Wouldn't it make more sense for me to lay off my East Texas workforce (especially in remote instances like this) to lower my risk? Be cheaper to fly in a sales person every week than 'establish residence'.
If you live in East Texas, say goodbye good paying jobs, courtesy of your one and only Judge Gilstrap!
On the post: Spotify Finally Realizes That Streaming Isn't Reproduction Or Distribution
Isn't Streaming the same as Over-the-Air/Cable television?
#1 would not apply since it isn't making a copy
#2 would not apply since it isn't a derivative
#3 doubtful if you would need that given the transitory nature
#4 yes because it is giving the public access via the OTA/Cable medium (is that the right interpretation?)
#5 yes? Seems similar to #4 so having a hard time parsing that one
#6 yes, obviously.
So just because this is music and you get to 'pick' what you want, how does that differ from multiple channels?
I really think people need to realize just because 'it is done on a computer' doesn't mean this stuff is brand new...
On the post: UK's Terrorism Law Reviewer Says Tech Companies Shouldn't Offer Encryption To Anonymous Users
Get ready for password sharing to be a prosecuted under anti-terror legislation
We try and create a solution that works for the largest amounts of use cases with the smallest amount of effort. In cases like this; where you are looking for a zero-tolerance policy (absolutely no terrorists/anonymous interactions) then you are setting yourself up for complete and utter failure...
When a workaround is as simple as sharing a password, STEALING a password, or using an open protocol (*gasp!*)... you have failed even the most rudimentary of protections... of course then you have to create an anti-terror law to fix this 'edge case'. etc. etc. etc.
On the post: Awful Court Decision Says Dr. Phil Producer's Video Not 'Fair Use'
Severe incompetence
On the post: Developer Puts Game On The Pirate Bay Because Steam Key Resellers Are The Bigger Evil
Re: Re: Re: Steam Key Solution
Use cases would include:
A developer wants to give out 100 free keys to promote their game for whatever reason, a feature to lock that to a specific account would be helpful to stop resellers getting their hands on it.
A developer wants to hand out a key to specific reviewers. Given there are lots of bloggers and other alternative media sources, it would be nice to know someone who is requesting one can't just sell the key.
A developer hears a story about a person who can't afford the game and wants to give them a key, but doesn't want them to sell it.
Those are more of the use cases I'm looking at; giving the developers power to control their generosity without it being used against them; not trying to kill legitimate 3rd parties.
On the post: Developer Puts Game On The Pirate Bay Because Steam Key Resellers Are The Bigger Evil
Steam Key Solution
"Need a key? provide me your steam account name and we'll hook you up!"
Blam... problem solved *mic drop*
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