They can take any property that they can claim was paid for with drug money. If you theoretically paid off a $150,000 house with any putative proceeds from drugs, even a dollar, they can seize it.
I figure that the police unions figured out how to subvert this 3 days after it was introduced. They HATE losing any power that can be wielded by their members. Especially anything involving cash.
It amazes me that the US is considered the 18th least corrupt country in the world. The only real difference between the US and Kazakhstan is that the corruption is on open display here. The other truly amazing thing is that our Supreme Court has ruled that there is no real evidence that money influences how idiots like these legislators vote.
This is just more evidence showing that we do indeed live in a kakistocracy.
Considering Tasers decades long time collusion with the police in regards to their stun guns, this does not bode well. Look up "excited delirium taser" and see how many times Taser and the cops have literally gotten away with murder. The United Nations Convention against Torture (which the US HAS signed and ratified) considers tasers torture devices.
It is not just conceivable, but highly probable, that Axon will continue to cater to LEOs violating Americans rights. They have shown they will do almost anything to keep the gravy train rolling.
What Trump and his Randian allies are after is crystal clear. Do so much damage to American government that it will literally take several generations at a minimum to fix.
Remember, John Galt = Xenu. Objectivism = Scientology. Ayn Rand = L. Ron Hubbard.
"I would add a caveat to that. There is no rational basis on *products you own*. It's quite rational to wish to attach it to rented or streamed products, since they come with extra restrictions that need to be enforced."
The problem with that is that it leads inevitably to a future in which you own nothing. Everything will be offered for lease or on a rental basis. You already see it everywhere from coffee makers to tractors to various types of software. The history of DRM is replete with BS from contracts of adhesion to in-built kill switches. It's moved from software to hardware and is only accelerating in uptake by corporations. It is always worth remembering that corporations are by definition sociopathic in nature.
There is no rational basis for DRM, never has been. It has always - and will always - be about control and power over others. Until we outlaw DRM, people will continue to get shafted and never truly own what they have paid for. Unfortunately for everyone the Democrats are owned by the entertainment industry and the Republicans only care about the 1%, God, guns and abortions.
Only one problem. Apparently this does not make the tools of circumvention legal. So while you may have the right to do something - get rid of DRM - the means to do so will still be illegal.
He and Hoover have way too much in common. How long till reports come out that Sessions also dresses in drag? Although considering his own proclivities, I'll lay heavy odds he dresses like Aunt Jemima.
"The right of the people to be secure in their persons, houses, papers, and effects..." 4th
"No person... be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." 5th
In both cases they refer to the people having the rights, not the property. I agree that it is laughable that any court would consider the current asset forfeiture regime to be 'due process'. The word used to describe their arguments is sophistry. Unfortunately, the law is 90% sophistry and 10% pedantic bullshit. That is why a rigged 'due process' system endures. Well that and the fact that most judges act to perpetuate the system due to institutional cowardice. Which starts at the very top. You just can't get five Justices to actually man the fuck up at the same time -on the same case- very often.
Because constitutionally property HAS NO RIGHTS! People do.
The only 'rights' that property can ever have are those granted by Congress as enforced by the other two branches. Yes, due process applies, but only insofar as making sure that the laws are followed properly. Don't necessarily blame the Supreme Court for this fustercluck of laws and regulations that comprise asset forfeiture. If the agencies that use asset forfeiture follow the rules laid down, even if the rules are BS, they can claim that their was due process. Even though the process is rigged.
In the long run, it is probably a GOOD thing that property has no rights. Originally IIRC corporations had no rights, and no obligations, under the law. That meant that they could neither sue or be sued. The courts made them "people" for the limited purpose of allowing them to fully interact with the legal system and be held accountable. We've all seen where that has led. Giving property rights would be a slippery slope under current jurisprudence.
It won't pass. The legislature fears it would outlaw mental masturbation, and that would put them out of business. Not to mention the cerebral blue balls that would result.
I will admit that I laughed my ass off about this while it was happening. I just kept picturing Captain Crunch blowing a whistle into an old rotary AT&T phone in my head. Which reminds me, I need to dig out my old C-64 and do some phreaking and war-dialing.
"Pai doesn't believe net neutrality or a lack of competition are real problems. Nor does he believe in functional regulatory oversight of some of the largest and most anti-competitive companies in American industry."
Bullshit. He PROFESSES not to believe. Because that is exactly what he is paid to profess. Like so many others in government, his payoff will come when he leaves the FCC and rejoins his buds in the private sector. Saying he believes anything, anything at all, is truly farcical.
Since the courts have applied "good faith" and "qualified immunity" standards to them. You, as a cop, no longer even need to pretend to know anything about the law. In fact it seems that the more ignorant the cops, the more trusting of them the courts are. Since the courts have shown again and again that they are subservient to the LEO community it isn't going to get better.
What we are seeing is the Stanford prison experiment played out in real life. The only viable option left for many police departments is to simply wipe the slate clean. If you have been inducted into this kind of cult, it is nigh unto impossible to change. And it is, effectively, 20,000+ cults in the US grouped into a large, nationwide, meta-cult.
On the post: The Teddy Bear And Toaster Act Is Device Regulation Done Wrong
Re: Connected toasters are crumby
On the post: Arizona Governor Signs Asset Forfeiture Reform Bill Into Law, Raising Evidentiary Burden For Law Enforcement
Re: They can take your house????
See here for more info on this BS:
https://fee.org/articles/arizona-takes-asset-forfeiture-to-a-despicable-new-low/
On the post: Arizona Governor Signs Asset Forfeiture Reform Bill Into Law, Raising Evidentiary Burden For Law Enforcement
On the post: Latest Exploit Dump By Shadow Brokers Contains Easy-To-Use Windows Exploits, Most Already Patched By Microsoft
On the post: Tennessee Gives AT&T, Comcast Millions In New Taxpayer Subsidies, Yet Banned A City-Owned ISP From Expanding Broadband Without Taxpayer Aid
This is just more evidence showing that we do indeed live in a kakistocracy.
On the post: Taser Seeking To Lock Down Body Camera Market With 'Free' Camera Offer To Law Enforcement Agencies
It is not just conceivable, but highly probable, that Axon will continue to cater to LEOs violating Americans rights. They have shown they will do almost anything to keep the gravy train rolling.
On the post: FTC Commissioner: If The FCC Kills Net Neutrality, Don't Expect Our Help
Remember, John Galt = Xenu. Objectivism = Scientology. Ayn Rand = L. Ron Hubbard.
On the post: Denuvo Strikes Back: The DRM Has Been Patched And Is Working... For Now
Re: Re:
The problem with that is that it leads inevitably to a future in which you own nothing. Everything will be offered for lease or on a rental basis. You already see it everywhere from coffee makers to tractors to various types of software. The history of DRM is replete with BS from contracts of adhesion to in-built kill switches. It's moved from software to hardware and is only accelerating in uptake by corporations. It is always worth remembering that corporations are by definition sociopathic in nature.
On the post: Denuvo Strikes Back: The DRM Has Been Patched And Is Working... For Now
On the post: Portugal Pushes Law To Partially Ban DRM, Allow Circumvention
Tools
https://boingboing.net/2017/04/10/o-melhor.html
On the post: Attorney General Kills Off Study Of DOJ's Highly-Flawed Forensic Practices And Evidence
"I'se in town honey!"
On the post: Kim Dotcom Asks US Supreme Court Not To Allow US Government To Steal All His Stuff Without Due Process
Re: Re: Re: How is any of this constitutional
"No person... be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." 5th
In both cases they refer to the people having the rights, not the property. I agree that it is laughable that any court would consider the current asset forfeiture regime to be 'due process'. The word used to describe their arguments is sophistry. Unfortunately, the law is 90% sophistry and 10% pedantic bullshit. That is why a rigged 'due process' system endures. Well that and the fact that most judges act to perpetuate the system due to institutional cowardice. Which starts at the very top. You just can't get five Justices to actually man the fuck up at the same time -on the same case- very often.
On the post: Kim Dotcom Asks US Supreme Court Not To Allow US Government To Steal All His Stuff Without Due Process
Re: How is any of this constitutional
The only 'rights' that property can ever have are those granted by Congress as enforced by the other two branches. Yes, due process applies, but only insofar as making sure that the laws are followed properly. Don't necessarily blame the Supreme Court for this fustercluck of laws and regulations that comprise asset forfeiture. If the agencies that use asset forfeiture follow the rules laid down, even if the rules are BS, they can claim that their was due process. Even though the process is rigged.
In the long run, it is probably a GOOD thing that property has no rights. Originally IIRC corporations had no rights, and no obligations, under the law. That meant that they could neither sue or be sued. The courts made them "people" for the limited purpose of allowing them to fully interact with the legal system and be held accountable. We've all seen where that has led. Giving property rights would be a slippery slope under current jurisprudence.
On the post: Hackers Set Off Dallas' 156 Warning Sirens Dozens Of Times
Re: Are they sure it was hacked?
On the post: Hackers Set Off Dallas' 156 Warning Sirens Dozens Of Times
On the post: Dangerous Ruling On DMCA Safe Harbors May Backfire On Hollywood
Re: I know it when I see it
On the post: Counter-Terrorism Expert Suggests 'Nutrition Labeling' For News Sources During Senate Testimony
Re: Re: Re:
On the post: FCC Boss Wants 'Voluntary' ISP Net Neutrality Promises Instead Of Real Rules
Bullshit. He PROFESSES not to believe. Because that is exactly what he is paid to profess. Like so many others in government, his payoff will come when he leaves the FCC and rejoins his buds in the private sector. Saying he believes anything, anything at all, is truly farcical.
On the post: Counter-Terrorism Expert Suggests 'Nutrition Labeling' For News Sources During Senate Testimony
On the post: Attorney General's Memo Indicates Trump's DOJ Is Only Interested In The Blue Side Of The Justice Equation
Re:
What we are seeing is the Stanford prison experiment played out in real life. The only viable option left for many police departments is to simply wipe the slate clean. If you have been inducted into this kind of cult, it is nigh unto impossible to change. And it is, effectively, 20,000+ cults in the US grouped into a large, nationwide, meta-cult.
http://www.neopagan.net/ABCDEF.html
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