Anonymous Anonymous Coward (profile), 6 Mar 2020 @ 12:12pm
Reading is fundamental. Where have we heard that before?
We know that legislators don't always read the bills they vote on (sometimes aren't allowed to) but not reading bills submitted is a whole other thing. Doing something does not mean 'to be seen as doing something', but actually doing something that addresses an issue within the bounds laid out by the basic rules, i.e. the Constitution.
Anonymous Anonymous Coward (profile), 6 Mar 2020 @ 12:06pm
Re: Re: No other options
YouTube has competitors. However, for whatever reasons, the marketplace has not given those others the same standing as YouTube.
How would you go about leveling the playing field? Legislation? Extremely forceful wishing? Government sponsored advertising of those competitors? Demand? Magic wand?
Anonymous Anonymous Coward (profile), 5 Mar 2020 @ 3:08pm
Stop it in it's tracks.
The rhetoric needed to defeat this piece of shit bill is that it is anti free speech (Section 230 protects the places where we are allowed to speak and without those protections our ability to speak on the Internet will be greatly diminished) and that messing with encryption will make privacy (as well as our ability to bank or do commerce online) a thing of the past.
This will impact not only banks but big commerce companies (like Amazon, but many others as well) and make identity theft much more prevalent. It will also cause various businesses to move out of the United States so that they would not be impacted by these laws, though they would also lose all their US customers because those people will be impacted.
So it is necessary to let constituents know how these laws will impact them, as law abiding citizens, regardless how much the politicians claim it is only to go after 'bad guy's'. This needs to be done with great volume and with a great deal of repetition. Congress needs to know, from their constituents that voting for these measures will have consequences for their future political careers.
Anonymous Anonymous Coward (profile), 4 Mar 2020 @ 10:00am
Where there is a will, there is a way, here's some will
I offer my congratulations to CBS for finding possibly the only way that might get legislators off their collective asses and repair the flawed DMCA, particularity where the take down was bogus and there are no consequences for the claimant; silencing politicians.
At the same time I fear the convoluted methodologies that legislators that might have other agendas would use to correct this issue. To their minds, why waste an opportunity.
Anonymous Anonymous Coward (profile), 3 Mar 2020 @ 12:13pm
Re: Cops' Just Deserts?
I don't think the sanitation department would want to clean up after that, but if we combine it with nuclear waste we wouldn't have to look at it for what...10,000 years or so.
Anonymous Anonymous Coward (profile), 3 Mar 2020 @ 8:58am
Re: Re: Re: Again...
There is a difference between trust and cooperation. One could cooperate with law enforcement (in the interest of self preservation) and then try to correct any wrongdoing later. An increasingly dubious contention.
There is no such thing a foolproof, but one can increase the odds in their favor, and then work the system later. There are many cases where municipalities pay out, sometime enormous sums, in mitigation of wrongdoings, and it is very unfortunate that those actions don't do anything to improve the relationship.
One's lack of trust can be expressed by not giving permission for the LEO's to do anything by requiring that they follow rules and laws so much as possible. Those LEO's will do what they will do anyway, whether that works for them down the road is another thing. As you point out, getting to the point where you can do something down the road is the point.
Anonymous Anonymous Coward (profile), 3 Mar 2020 @ 7:30am
Re: Re:
Don't forget that soldiers have a duty to not follow illegal orders, whereas LEO's have a tendency to ignore rules, laws, policies and and get assistance from their superiors in covering up (or at least passive approval by not punishing wrong doers) their actions.
Anonymous Anonymous Coward (profile), 3 Mar 2020 @ 7:24am
Re:
His oath of office states that he will 'protect and defend the Constitution of the United States' which makes that his first priority. Failing to hold law enforcement officers who disrespect citizens rights is therefore his first duty. Since the president takes the same oath, and is therefore enjoined from violating the law, whatever his priorities are cannot deter (legally) from that first duty. Also, since law enforcement officers have no legislative immunity (yes we know about the court made exceptions but I wonder about their constitutionality even if those exceptions come from the SCOTUS) from breaking the law, holding law enforcement officers accountable when they break the law and/or violate citizens rights would be a part of that first duty.
That Barr fails to investigate and charge law enforcement officers when they break the law and/or violate citizens rights he is failing in his first duty. That the president is OK with this merely keeps Barr in office, and enlightens us to the presidents policies.
Anonymous Anonymous Coward (profile), 2 Mar 2020 @ 4:07pm
Re: This is the best Techdirt article I've read in a long time!
Dang. And here I have long thought that our culture was being despoiled by what is known as pop music and Hollywood movies, but it turns out it was really copyright all along.
Anonymous Anonymous Coward (profile), 1 Mar 2020 @ 1:09pm
Constitutional Rights
"The Bill of Rights applies to the people, not just citizens, regardless of status. So "illegals" do have 4th amendment protections."
Only when you are standing on the correct side of the border. Even US citizens don't have US Constitutional Rights when in another country, they have to get themselves extradited back here to get those.
Anonymous Anonymous Coward (profile), 28 Feb 2020 @ 12:29pm
Re:
Given the way various oversight functions work in our government these days, I don't expect much. I would be pleasantly surprised if the OCE actually does their duty, and extremely happy if they found issue and did the right thing.
With political pressures even though the House has a democratic majority I can see where a quid pro quo might take place (in order to get some other legislation passed) and nothing gets done, or the motions are gone through without actually dispensing any justice.
Anonymous Anonymous Coward (profile), 28 Feb 2020 @ 7:39am
Re: Re: Re: Demonstrably False
I had an idea last night that might satisfy, but I am fairly certain that the flaws in my thinking will be pointed out.
Let the candidates bloviate all they want during their campaigns. Then when in office if they backtrack on one promise or another they are automatically scheduled for a recall vote 30 days later with a new election for that office one week later.
They have 30 days to explain their actions to their constituents while at the same time other candidates for that office will have the same 30 days (plus seven) to explain why the reversal was improper to the constituents and why they should have the job.
The 1st Amendment is preserved and actions are left to the ones in power, the constituents, while a control on lying in campaigns is put in place.
Anonymous Anonymous Coward (profile), 28 Feb 2020 @ 7:26am
The way fines should be
I would feel better if fines were legislatively defined as double whatever profit was made, with 50% going to those harmed and 50% going to something that is not the fining agency. We could quibble about what that something is, but it should not benefit the fining agency directly or indirectly.
Anonymous Anonymous Coward (profile), 28 Feb 2020 @ 7:02am
Now 100 miles on either side of the border
Now that they have US Supreme Court approval I wonder how long it will be for the Border Patrol to start issuing sniper rifles and ghillie suits to some agents so that they can 'take out' anyone they like that comes within range. The bar for 'anyone they like' seems to be low as a bit of teenage rock throwing is enough to set them off.
It will be only a matter of time for those so equipped to become 'proactive' at their tasks. He was near some throwable rocks. They were making 'furtive' movements toward the border. She flipped me off. There was a contemptuous sneer on their faces. The group looked like they were about to swarm the border. It appeared that they were trying to 'sex traffic' those children with them.
Anonymous Anonymous Coward (profile), 27 Feb 2020 @ 3:45pm
Re: GPS Removal
Whoever placed the GPS would follow the wrong car for a while. Depending on how adept the followers are would determine how long they followed the wrong car.
On the post: Rhode Island Legislators Decide To Introduce Some Random Dude's First Amendment-Threatening Legislation
Reading is fundamental. Where have we heard that before?
We know that legislators don't always read the bills they vote on (sometimes aren't allowed to) but not reading bills submitted is a whole other thing. Doing something does not mean 'to be seen as doing something', but actually doing something that addresses an issue within the bounds laid out by the basic rules, i.e. the Constitution.
On the post: NYU Law School's Video Teaching Copyright Completely Flummoxed YouTube's Copyright Filters
Re: Re: No other options
YouTube has competitors. However, for whatever reasons, the marketplace has not given those others the same standing as YouTube.
How would you go about leveling the playing field? Legislation? Extremely forceful wishing? Government sponsored advertising of those competitors? Demand? Magic wand?
On the post: Senators Hawley & Feinstein Join Graham & Blumenthal In Announcing Bill To Undermine Both Encryption And Section 230
Stop it in it's tracks.
The rhetoric needed to defeat this piece of shit bill is that it is anti free speech (Section 230 protects the places where we are allowed to speak and without those protections our ability to speak on the Internet will be greatly diminished) and that messing with encryption will make privacy (as well as our ability to bank or do commerce online) a thing of the past.
This will impact not only banks but big commerce companies (like Amazon, but many others as well) and make identity theft much more prevalent. It will also cause various businesses to move out of the United States so that they would not be impacted by these laws, though they would also lose all their US customers because those people will be impacted.
So it is necessary to let constituents know how these laws will impact them, as law abiding citizens, regardless how much the politicians claim it is only to go after 'bad guy's'. This needs to be done with great volume and with a great deal of repetition. Congress needs to know, from their constituents that voting for these measures will have consequences for their future political careers.
On the post: Bogus Automated Copyright Claims By CBS Blocked Super Tuesday Speeches By Bernie Sanders, Mike Bloomberg, And Joe Biden
Where there is a will, there is a way, here's some will
I offer my congratulations to CBS for finding possibly the only way that might get legislators off their collective asses and repair the flawed DMCA, particularity where the take down was bogus and there are no consequences for the claimant; silencing politicians.
At the same time I fear the convoluted methodologies that legislators that might have other agendas would use to correct this issue. To their minds, why waste an opportunity.
On the post: Bill Barr Excises 'Attorney' From His Title As He Leads Our Nation's Police Soldiers Into The War At Home
Re: Cops' Just Deserts?
I don't think the sanitation department would want to clean up after that, but if we combine it with nuclear waste we wouldn't have to look at it for what...10,000 years or so.
On the post: NY Times Political Reporter Believes Telling Right From Wrong Is Beyond His Job Description; He's Wrong
Re: An average day for Peter Baker.
One wonders what he would say about the 3rd, 5th, and 7th sides? The scrambling for balance would make a demolition derby look tame.
On the post: Another Day, Another Bogus SLAPP Suit From Devin Nunes And Steven Biss
Re: Discovery for Funding Sources
Under the assumption that any particular case get that far.
On the post: Spanish Government Moves Ahead With First 'Fake News' Prosecution
Lies, damned lies and statistics
If all governments make lying illegal, then all the governments will be in jail. What's next?
On the post: Bill Barr Excises 'Attorney' From His Title As He Leads Our Nation's Police Soldiers Into The War At Home
Re: Re: Re: Again...
There is a difference between trust and cooperation. One could cooperate with law enforcement (in the interest of self preservation) and then try to correct any wrongdoing later. An increasingly dubious contention.
There is no such thing a foolproof, but one can increase the odds in their favor, and then work the system later. There are many cases where municipalities pay out, sometime enormous sums, in mitigation of wrongdoings, and it is very unfortunate that those actions don't do anything to improve the relationship.
One's lack of trust can be expressed by not giving permission for the LEO's to do anything by requiring that they follow rules and laws so much as possible. Those LEO's will do what they will do anyway, whether that works for them down the road is another thing. As you point out, getting to the point where you can do something down the road is the point.
On the post: Bill Barr Excises 'Attorney' From His Title As He Leads Our Nation's Police Soldiers Into The War At Home
Re: Re:
Don't forget that soldiers have a duty to not follow illegal orders, whereas LEO's have a tendency to ignore rules, laws, policies and and get assistance from their superiors in covering up (or at least passive approval by not punishing wrong doers) their actions.
On the post: Bill Barr Excises 'Attorney' From His Title As He Leads Our Nation's Police Soldiers Into The War At Home
Re:
His oath of office states that he will 'protect and defend the Constitution of the United States' which makes that his first priority. Failing to hold law enforcement officers who disrespect citizens rights is therefore his first duty. Since the president takes the same oath, and is therefore enjoined from violating the law, whatever his priorities are cannot deter (legally) from that first duty. Also, since law enforcement officers have no legislative immunity (yes we know about the court made exceptions but I wonder about their constitutionality even if those exceptions come from the SCOTUS) from breaking the law, holding law enforcement officers accountable when they break the law and/or violate citizens rights would be a part of that first duty.
That Barr fails to investigate and charge law enforcement officers when they break the law and/or violate citizens rights he is failing in his first duty. That the president is OK with this merely keeps Barr in office, and enlightens us to the presidents policies.
On the post: I Wish More Countries 'Stole' Our Movies
Re: This is the best Techdirt article I've read in a long time!
Dang. And here I have long thought that our culture was being despoiled by what is known as pop music and Hollywood movies, but it turns out it was really copyright all along.
On the post: Funniest/Most Insightful Comments Of The Week At Techdirt
Constitutional Rights
Only when you are standing on the correct side of the border. Even US citizens don't have US Constitutional Rights when in another country, they have to get themselves extradited back here to get those.
On the post: Watchdog Group Asks Congressional Ethics Office To Investigate How Devin Nunes Is Paying For His Many SLAPP Suits
Re:
Given the way various oversight functions work in our government these days, I don't expect much. I would be pleasantly surprised if the OCE actually does their duty, and extremely happy if they found issue and did the right thing.
With political pressures even though the House has a democratic majority I can see where a quid pro quo might take place (in order to get some other legislation passed) and nothing gets done, or the motions are gone through without actually dispensing any justice.
On the post: Rep. Cicilline Wants To Remove Section 230 Protections For Platforms That Host 'Demonstrably False' Political Ads
Re: Re: Re: Demonstrably False
I had an idea last night that might satisfy, but I am fairly certain that the flaws in my thinking will be pointed out.
Let the candidates bloviate all they want during their campaigns. Then when in office if they backtrack on one promise or another they are automatically scheduled for a recall vote 30 days later with a new election for that office one week later.
They have 30 days to explain their actions to their constituents while at the same time other candidates for that office will have the same 30 days (plus seven) to explain why the reversal was improper to the constituents and why they should have the job.
The 1st Amendment is preserved and actions are left to the ones in power, the constituents, while a control on lying in campaigns is put in place.
On the post: FCC To Dole Out Some Dainty Wrist Slaps For Wireless Carrier Location Data Scandals
The way fines should be
I would feel better if fines were legislatively defined as double whatever profit was made, with 50% going to those harmed and 50% going to something that is not the fining agency. We could quibble about what that something is, but it should not benefit the fining agency directly or indirectly.
On the post: Supreme Court Says It's OK For Border Patrol Agents To Kill Mexican Citizens As Long As They Die In Mexico
Now 100 miles on either side of the border
Now that they have US Supreme Court approval I wonder how long it will be for the Border Patrol to start issuing sniper rifles and ghillie suits to some agents so that they can 'take out' anyone they like that comes within range. The bar for 'anyone they like' seems to be low as a bit of teenage rock throwing is enough to set them off.
It will be only a matter of time for those so equipped to become 'proactive' at their tasks. He was near some throwable rocks. They were making 'furtive' movements toward the border. She flipped me off. There was a contemptuous sneer on their faces. The group looked like they were about to swarm the border. It appeared that they were trying to 'sex traffic' those children with them.
On the post: State Court Says It Isn't Theft To Remove An Unmarked Law Enforcement Tracking Device From Your Car
Re: GPS Removal
Whoever placed the GPS would follow the wrong car for a while. Depending on how adept the followers are would determine how long they followed the wrong car.
On the post: Judge Tears Into Cops For Beating A Man Who Dared To Question Their Words And Actions
Re: Re: Re: A refreshing breeze in a sea of rot
The DoJ...oh...wait...
On the post: Trump Campaign Files Laughably Stupid SLAPP Suit Over A NY Times Opinion Piece
Re:
Only if the suit is allowed to get that far.
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