Simple logic aside, and dismissing the LEOs' chronic sneak-one-by attitude, how does Judge Weinstein reconcile his own condemnations...
"... vitiated Lambus’s reasonable expectation of privacy... where the invasion of privacy is so substantial... a search is likely unreasonable and therefore unconstitutional... such a search could not be justified..."
... with his casual dismissal:
"Neither the NYSDOCCS officers nor the federal law enforcement officers behaved inappropriately."
DOJ lawyers are largely concerned with nuts and bolts, not pie-in-the-sky. They can tell you about the United States Code and maybe even the CFR, but not so big on the Constitution... no citations to fill in the boxes on a warrant. Fourth Amendment? Say what?
Yes, but... the scary part is their ability to jack up broadband rates to regain lost billings. Dropping your "triple play" package is an invitation to be robbed.
It's a toggle... a momentary contact... so whether or not the function is software-addressable from afar, it's definitely not disconnecting the wires from all seven microphones.
Idea for a new Amazon aftermarket item: a soundproof box to store your Echo or Dot in. Not only can they still sell you the device, but can sell you the accessory too!
So... if I email someone, let's say, an animated GIF of flaming dog shit, I would be liable for the cost of their laptop if they tried to stamp out the fire?
This instance is abhorrent and idiotic, but it's hard to think of any other hypothetical situation where a simple electronic message induces a harmful physical reaction... hard to believe there's a legal remedy.
And I fully expect that our incoming cabal, known to eschew government interference (like antitrust) and sing the praises of the free market, will nonetheless fall in line with these non-causative correlates... especially considering their demonstrated sympathies for the legacy-IP crowd.
Makes you wonder where the notion of a potential infringement originated. Does Redbubble subscribe to some sort of text-searching keyword list? One that's capable of reading hand-drawn artwork? Or is there a staffer (or subcontractor) scanning submissions... one whose own GoT familiarity made them target that phrase, rather than simply accepting its plain-language meaning? Unless the teen's drawing depicted scenes clearly inspired by GoT, why would someone draw that association? "Winter is coming"... sounds like ad copy for a sale on skis and parkas...
"... under FCC rules he would be downgraded from Chairman to just vanilla commissioner should he stay on."
Legacy-preservation aside, this noble act would position him as the Anti-Pai. He'd take a bruising, but martyrdom in the name of neutralizing that corrupt shill would be meritorious service.
No, better than that -- remember that the new regime wants to pass regulatory power away from Federal offices like the F-CC, and back to the states; so watch for 50 sets of regs from the AlabamaCC... AlaskaCC... ArizonaCC... ArkansasCC...
Mandate from the new administration: No more oppressive Federal oversight... pass control to the states. How about 50 separate DMCA re-registrations? One or two have to be better-executed than the Federal version.
On the post: National Police Union President Says Asset Forfeiture Abuse Is A 'Fake Issue' Generated By The Media
Re: Re:
On the post: Court Says 791 Days Of Warrantless Location Tracking 'Unreasonable," But Refuses To Toss Evidence
But...but...but...
Simple logic aside, and dismissing the LEOs' chronic sneak-one-by attitude, how does Judge Weinstein reconcile his own condemnations...
"... vitiated Lambus’s reasonable expectation of privacy... where the invasion of privacy is so substantial... a search is likely unreasonable and therefore unconstitutional... such a search could not be justified..."
... with his casual dismissal:
"Neither the NYSDOCCS officers nor the federal law enforcement officers behaved inappropriately."
Sounds pretty inappropriate to me... logic fail.
On the post: Judge Tells DOJ It Can't Un-Suppress Evidence By Starting The Indictment Process All Over Again
They're uber-practical folks, not dreamers
On the post: Utterly Tone Deaf To Cord Cutting, Cable Contract Feuds And Blackouts Skyrocket
Re: Well...
On the post: Trademark Dispute Between Coffee Companies Over 'Detroit' Trademark Demonstrates The USPTO's Carelessness
Re:
On the post: Tesla Gave Up Its Patents, But People Are Freaked Out That Faraday Future Put Its Own Into A Separate Company
"... freaking out about the idea that "Faraday Future doesn't own its intellectual property..."
Yet another vindication of a patent-free life...
If someone else owns your IP, it becomes a crowbar they can use to bludgeon you at any moment.
Tesla keeps on innovating, smiling all the time, because no one can browbeat/blackmail them into submission.
On the post: Now Italy Wants To Make 'Fake News' Illegal
Re: Can we call this what it is?
"Calling it ‘fake news’ upsets me, because it's just lying.”
On the post: Amazon Refuses To Comply With Police Request For Amazon Echo Recordings In Murder Case
Re: Re: Semi secure at best
Idea for a new Amazon aftermarket item: a soundproof box to store your Echo or Dot in. Not only can they still sell you the device, but can sell you the accessory too!
On the post: Amazon Refuses To Comply With Police Request For Amazon Echo Recordings In Murder Case
Queries I hope Alexa forgot
"Alexa, order two gallons of bleach from Amazon Fresh, for delivery today."
"Alexa, when is the next flight to Mallorca?"
On the post: Smart Vibrator Company Settles Lawsuit For Over-Collection Of, Uh, Personal Data
Re: Not the worst thing ever.
On the post: Kurt Eichenwald Sues Twitter Troll Over Alleged 'Epileptic' Image Assault
When messaging causes physical harm
This instance is abhorrent and idiotic, but it's hard to think of any other hypothetical situation where a simple electronic message induces a harmful physical reaction... hard to believe there's a legal remedy.
On the post: DMCA Process Abused To Nuke Post About Researcher Who Faked Data On Federally-Funded Study
Re: Re: Disgusting yes, surprising no
On the post: You Have To Distort The Facts Pretty Badly To Argue That Google & Facebook Are Worse For Consumers Than AT&T
Re:
On the post: Notice & Staydown In Action: HBO Didn't Even Need To Send Takedown Over Autistic Teen's Artwork
So many questions
On the post: FCC's Wheeler May Need To Stick Around If He Doesn't Want His Legacy Demolished
"... under FCC rules he would be downgraded from Chairman to just vanilla commissioner should he stay on."
Legacy-preservation aside, this noble act would position him as the Anti-Pai. He'd take a bruising, but martyrdom in the name of neutralizing that corrupt shill would be meritorious service.
On the post: A Nasty New Twist In Ransomware: To Decrypt Your Files Without Paying, Spread The Infection To Others
"Well, here we are, nearly in 2017, and ransomware is still with us -- so much for tech progress --"
Uh-oh... sounds like an implied "nerd harder"...
On the post: FCC Commissioner Pai Says Net Neutrality's 'Days Are Numbered' Under Trump
Re: Re: Abolish FCC
On the post: FCC Commissioner Pai Says Net Neutrality's 'Days Are Numbered' Under Trump
Re:
On the post: Every Website Needs To Re-register With The Copyright Office, Who Can't Build A Functioning System
Re: Here is an idea...
On the post: Antigua Says It Will Certainly, Absolutely, Definitely Use WTO Permission To Ignore US Copyright And Set Up A Pirate Site, Maybe
Cool Runnings meets Kim Dotcom... popcorn time!
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