Nope. In fact, if anyone who wasn't a federal agent did what ICE did here, they'd be in a jail cell awaiting trial on a charge that could see them in prison for 10-20 years.
But I have no doubt that even if the federal government doesn't declare the ICE agents committed no wrongdoing, our President will have his pen ready to sign their pardons.
The judge does not out-rank the Supreme Court, and his ruling directly contradicts SCOTUS precedent. His order is unconstitutional, and he derives his authority to issue orders from that Constitution.
So how can it be contempt to disobey an order he actually committed a federal crime when he issued it?
Re: Re: Re: Re: Re: The EU is losing all legitimacy and credibil
Which is ironic, given that the Holy Roman Empire did have voting. It's the origin of the old saying that goes "In a Democracy, it's your vote that counts. In feudalism, it's your Count that votes."
Re: Re: How do you not publish somewhere on the internet
And when one nation asserts that is has sovereignty over another nation, which is what claiming their laws reach globally into another sovereign nation is, there is a technical diplomatic for the situation:
Re: Re: Re: Re: Re: How do you not publish somewhere on the inte
Generally, so long as TD writers never set foot in a place with an extradition treaty with the EU, the new law and the GDPR don't apply to TD.
The problem is, the US does have an extradition treaty, it just doesn't apply to civil court judgments that would be unconstitutional in the US.
The problem though, is it's possible in the EU to be charged criminally for violating the GDPR and this new law, and US law won't protect against that. In countries that do allow civil law extradition or will enforce foreign civil judgments, the problem only gets worse.
Re: Re: Re: Re: How do you not publish somewhere on the internet
The GDPR's civil law side portions that exceed US privacy laws probably don't apply to US citizens and US companies located in the US that lack an EU presence -- US federal law shields US citizens from court judgments in foreign countries that would violate the US Constitution.
But it's possible to be criminally charged under the GDPR, and the US has a criminal extradition treaty with the EU. The US has extradited people to the EU for things that are constitutionally protected in the US but criminally (not civilly) illegal in Europe.
And most countries don't have that protection the US does.
So people all over the world are complying with the GDPR even when they probably don't need to, just to be on the safe side.
Re: Re: Re: Re: How do you not publish somewhere on the internet
Well, kinda sorta unaffected.
The EU would be unable to sue TD and win in a US court because EU laws have no power here. The EU could try in an EU court, but would have trouble collecting damages because US laws shield against US companies having to obey foreign court judgments that would violate the US Constitution.
But, and there is always a but, there is the criminal law side to consider. The US generally won't extradite a US citizen over something that is constitutionally-protected in the US, but it's not unheard of -- people have been extradited from the US to Germany for saying things to Germans that violated German laws.
And if anyone who works for TD ever travels to the EU or to a country that has an extradition treaty with the EU, they could be subject to arrest and prosecution for what TD publishes that violates EU law, even though TD has no EU presence.
Blue and those like him believe this law will only silence BAD people, so therefore it will have no effect on them -- and the fact it might silence TechDirt just means TechDirt is bad.
Also great news: It would permanently silence Blue on every site he comments on that can be read from the EU -- he complains about being flagged here, what will he think when his account gets preemptively deleted everywhere in the EU?
How would AG Becerra react to someone responding to a subpoena by only providing records created after the date of the subpoena?
After all, the law that authorizes subpoenas in California is just as 'vague' and 'lacking in specific language' about it applying to older records as the new public records law is.
What's the difference between black sites and kidnap for ransom?
You can legally shoot a kidnapper and escape to freedom.
But if you escaped from a Chicago PD black site, even if you were being illegally held and legally it was kidnapping, escaping from a jail is a crime in this country.
I'm amused by the extremely high probability that if Techdirt actually did die out, OotB would be the last user left when the server finally goes offline. And he'd probable be stalking the custodian of the physical, shuttered property for years to come.
Because obsession like that just doesn't quit just because the business it's focused on does.
But the state has sovereignty (somehow) over the People, even though it is a servant and representative of the People, not the master of the People. So the state can't be sued either.
On the post: ICE Set Up A Fake College To Bust Immigrants For Trying To Legally Stay In The Country While They Earned Degrees
Re: Re: Re: LMFTFY
Nope. In fact, if anyone who wasn't a federal agent did what ICE did here, they'd be in a jail cell awaiting trial on a charge that could see them in prison for 10-20 years.
But I have no doubt that even if the federal government doesn't declare the ICE agents committed no wrongdoing, our President will have his pen ready to sign their pardons.
On the post: Federal Judge Thinks The Best Fix For An Accidentally Unsealed Court Doc Is Prior Restraint
How can it be contempt of court though?
The judge does not out-rank the Supreme Court, and his ruling directly contradicts SCOTUS precedent. His order is unconstitutional, and he derives his authority to issue orders from that Constitution.
So how can it be contempt to disobey an order he actually committed a federal crime when he issued it?
https://www.justice.gov/crt/deprivation-rights-under-color-law
On the post: EU Moves Forward With Agreement To Fundamentally Change The Internet From Open To Closed
Re: Re: The EU is losing all legitimacy and credibility as a Dem
How, precisely, is it Trump's example, when he has actually followed democratic principles no more and no less than Obama did?
To be truly fair, you'd have to call it the problem of every single President since President Carter.
On the post: EU Moves Forward With Agreement To Fundamentally Change The Internet From Open To Closed
Re: Re: Re: Re: Re: The EU is losing all legitimacy and credibil
Which is ironic, given that the Holy Roman Empire did have voting. It's the origin of the old saying that goes "In a Democracy, it's your vote that counts. In feudalism, it's your Count that votes."
On the post: EU Moves Forward With Agreement To Fundamentally Change The Internet From Open To Closed
Re: Re: How do you not publish somewhere on the internet
And when one nation asserts that is has sovereignty over another nation, which is what claiming their laws reach globally into another sovereign nation is, there is a technical diplomatic for the situation:
Casus Belli.
Nations tend to go to war over things like that.
On the post: EU Moves Forward With Agreement To Fundamentally Change The Internet From Open To Closed
Re: Re: Re: Re: Re: How do you not publish somewhere on the inte
Generally, so long as TD writers never set foot in a place with an extradition treaty with the EU, the new law and the GDPR don't apply to TD.
The problem is, the US does have an extradition treaty, it just doesn't apply to civil court judgments that would be unconstitutional in the US.
The problem though, is it's possible in the EU to be charged criminally for violating the GDPR and this new law, and US law won't protect against that. In countries that do allow civil law extradition or will enforce foreign civil judgments, the problem only gets worse.
On the post: EU Moves Forward With Agreement To Fundamentally Change The Internet From Open To Closed
Re: Re: Re: Re: How do you not publish somewhere on the internet
The GDPR's civil law side portions that exceed US privacy laws probably don't apply to US citizens and US companies located in the US that lack an EU presence -- US federal law shields US citizens from court judgments in foreign countries that would violate the US Constitution.
But it's possible to be criminally charged under the GDPR, and the US has a criminal extradition treaty with the EU. The US has extradited people to the EU for things that are constitutionally protected in the US but criminally (not civilly) illegal in Europe.
And most countries don't have that protection the US does.
So people all over the world are complying with the GDPR even when they probably don't need to, just to be on the safe side.
On the post: EU Moves Forward With Agreement To Fundamentally Change The Internet From Open To Closed
Re: Re: Re: Re: How do you not publish somewhere on the internet
Well, kinda sorta unaffected.
The EU would be unable to sue TD and win in a US court because EU laws have no power here. The EU could try in an EU court, but would have trouble collecting damages because US laws shield against US companies having to obey foreign court judgments that would violate the US Constitution.
But, and there is always a but, there is the criminal law side to consider. The US generally won't extradite a US citizen over something that is constitutionally-protected in the US, but it's not unheard of -- people have been extradited from the US to Germany for saying things to Germans that violated German laws.
And if anyone who works for TD ever travels to the EU or to a country that has an extradition treaty with the EU, they could be subject to arrest and prosecution for what TD publishes that violates EU law, even though TD has no EU presence.
On the post: EU Moves Forward With Agreement To Fundamentally Change The Internet From Open To Closed
Re: Re: Re:
Blue and those like him believe this law will only silence BAD people, so therefore it will have no effect on them -- and the fact it might silence TechDirt just means TechDirt is bad.
They're in for a nasty shock.
On the post: EU Moves Forward With Agreement To Fundamentally Change The Internet From Open To Closed
Re: Re:
Also great news: It would permanently silence Blue on every site he comments on that can be read from the EU -- he complains about being flagged here, what will he think when his account gets preemptively deleted everywhere in the EU?
On the post: YouTube's ContentID System Is Being Repurposed By Blackmailers Due To Its Failings
Re: Re:
Well then, follow this link and I promise that you WILL be rickrolled. But it's worth it for who is doing the rolling.
https://www.youtube.com/watch?v=3KANI2dpXLw
On the post: California AG Steps Up To Help Cops Pretend New Public Records Law Doesn't Apply To Past Misconduct Docs
I wonder...
How would AG Becerra react to someone responding to a subpoena by only providing records created after the date of the subpoena?
After all, the law that authorizes subpoenas in California is just as 'vague' and 'lacking in specific language' about it applying to older records as the new public records law is.
On the post: After No-Knock Raid Goes Horribly Wrong, Police Union Boss Steps Up To Threaten PD's Critics
Re:
He did indeed prove all the people saying that cops are a danger to the safety of the people of the United States to be absolutely correct.
On the post: EU Copyright Directive Has Been Made Even More Stupid, And Some Are Still Trying To Make It Even Worse
Re: Re:
But how will you operate the WWW with Articles 11 and 13 in place? Even a website host would be required to have upload filters they cannot afford.
On the post: Italy Tells Rest Of EU To Drop Articles 11 And 13 From The Copyright Directive
Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: The Killing of Patreon a
Because their actions would be unjustifiable in peacetime.
On the post: Federal Court Approves Reforms Targeting The Chicago Police Department
What's the difference between black sites and kidnap for ransom?
You can legally shoot a kidnapper and escape to freedom.
But if you escaped from a Chicago PD black site, even if you were being illegally held and legally it was kidnapping, escaping from a jail is a crime in this country.
On the post: Russian Site-Blocking Leads To An Explosion In 'Pirate' Sites, Tiny Dip In Piracy
So basically...
Russia is playing Whac-a-Mole with matryoshka dolls?
On the post: Article 13 Is Back On: Germany Caves To France As EU Pushes Forward On Ruining The Internet
Re:
They wouldn't need to be paid off, merely threatened.
Cheese-eating surrender monkeys strike again!
On the post: US Newspapers Now Salivating Over Bringing A Google Snippet Tax Stateside
Re: Re: Re:
I'm amused by the extremely high probability that if Techdirt actually did die out, OotB would be the last user left when the server finally goes offline. And he'd probable be stalking the custodian of the physical, shuttered property for years to come.
Because obsession like that just doesn't quit just because the business it's focused on does.
On the post: Court: Qualified Immunity Protects District Attorney Who Lied To State Legislators About A Wrongfully-Convicted Man
Re: Re: Legally screwed
But the state has sovereignty (somehow) over the People, even though it is a servant and representative of the People, not the master of the People. So the state can't be sued either.
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