In previous public remarks that I've made in the UK, I’ve focused on the three main motivations for systematic cyber attack... Another is propaganda: where the global platform that the Internet gives anyone and everyone is misused to make a point, attract attention or to instil fear and intimidate.
Yeah, when the government gets to decide which points are a "misuse"...
Re: I'll keep this brief but want you to understand my full meaning.
Not to worry chap we get your "full meaning," though the idea that you really want us to is betrayed by the fact that the operation of this scheme will be compartmentalized and classified to the hilt.
I understand the legal point you're making in this piece, but I'm also concerned about the justice aspect. As a starting point, when one does something that rains chaos in the life of someone else, we might start with whether humiliation (akin to the malice component in First Amendment jurisprudence) was the point or intention, as opposed to conveying info the public has a right to know but might be personally destructive to the person it's about. Otherwise, "privacy and dignity" do seem to evaporate.
But the bank (and Wendy's) analogy aren't really apt as they represent a physical intrusion. A website is much more an interface than it is (analogous to) physical property.
A better analogy and question is, can one "trespass" an ATM? I don't mean physically breaking into it, or even hacking it. I'm talking about using an ATM (one not on the bank's property, let's say for purposes of argument) as it's intended to be used -- is there any real sense in which you can be said to be trespassing it? Even you had previously robbed an affiliated bank and had been barred from their property, is swiping a debit card in one of the ATMs a trespass?
HegemonicDistortion (profile), 24 Jun 2016 @ 8:32pm
Re: Interesting
The Fourth Amendment literally says that the people shall "be secure in their persons, houses, papers...," which, in the context of computer intrusion is even more clear than concepts of expectations of privacy.
The standard of an "expectation of privacy" is also problematic in modern times in that depends of what judges think people should know about the operation of technology.
HegemonicDistortion (profile), 21 Jun 2016 @ 12:39pm
It's funny how, despite passing previous legislation to give law enforcement the "tools they need," that law enforcement never seems to have the tools they need.
HegemonicDistortion (profile), 17 Jun 2016 @ 9:45pm
Quelle surprise. You'd think they would be glad there's a film out there spreading their message, but no. Instead the suit betrays what these films are really about, the same thing business has always been about -- money.
HegemonicDistortion (profile), 11 May 2016 @ 9:59am
Re: Re:
And it has First Amendments as well, particularly the right of association. Ubiquitous license plate readers can be used to essentially collect association information, which, the Supreme Court has ruled, can violate one's free association rights (when the government does/uses it).
HegemonicDistortion (profile), 6 May 2016 @ 3:53am
Re:
The whole website is down right now. On Twitter she last fielded a complaint from someone about her website "burn[ing] up a lot of mobile bandwidth" (wut??) and she said she would fix it, so I don't know if it's down for that reason, or for... some other reason. Would seem like a silly thing to worry about when this story is blowing up.
HegemonicDistortion (profile), 2 May 2016 @ 1:45pm
And by "coordination and oversight in Washington" they mean to prosecute those they don't like and let off those they do. Coincidentally I'm sure, just in time for the disposition of Clinton's email problems.
Exactly. So the question, it seems to not-a-lawyer me, is whether the addition of .com can be considered transformative* in some way, making the merely descriptive "booking" into something more. Further complicating the question is that ".com" applies to millions of websites as a top-level domain, and that booking.com (the company) has no ownership claim or "IP" rights in whatsoever. It can reasonably be said booking.com (the domain name) isn't even something that the company owns in the usual sense, i.e. outright and in perpetuity, since they have to renew it periodically, and failure to do so means someone else can acquire it.
*in the common sense of the word, not the particular sense pertaining to fair use/copyright considerations
On the post: Guy Arrested Over KickassTorrents Blocked From Talking To His US Attorney
Re: how sad and maddening...
Are there any prosecutors left who have any notion of their supposed obligation to seek justice rather than maximum prosecution and fuckery?
*yeah that's right, disjustice. Neologisms, for when the old adjectives just don't convey the problem anymore.
On the post: UK's GCHQ Takes A Page From China, Plans To Build A Great British Firewall
No, not chilling at all
Yeah, when the government gets to decide which points are a "misuse"...
On the post: UK's GCHQ Takes A Page From China, Plans To Build A Great British Firewall
Re: I'll keep this brief but want you to understand my full meaning.
On the post: UK's GCHQ Takes A Page From China, Plans To Build A Great British Firewall
On the post: Conviction Overturned In Case Of Rutgers Student Whose Roommate Committed Suicide After Being Secretly Filmed
On the post: Conviction Overturned In Case Of Rutgers Student Whose Roommate Committed Suicide After Being Secretly Filmed
Re:
Your larger point, that the consequences of one's actions should matter, is well-taken, though.
On the post: Appeals Court: It Violates CFAA For Service To Access Facebook On Behalf Of Users, Because Facebook Sent Cease & Desist
Re:
A better analogy and question is, can one "trespass" an ATM? I don't mean physically breaking into it, or even hacking it. I'm talking about using an ATM (one not on the bank's property, let's say for purposes of argument) as it's intended to be used -- is there any real sense in which you can be said to be trespassing it? Even you had previously robbed an affiliated bank and had been barred from their property, is swiping a debit card in one of the ATMs a trespass?
On the post: Just As We Warned: A Chinese Tech Giant Goes On The Patent Attack -- In East Texas
On the post: Judge Says FBI Can Hack Computers Without A Warrant Because Computer Users Get Hacked All The Time
Re: Interesting
The standard of an "expectation of privacy" is also problematic in modern times in that depends of what judges think people should know about the operation of technology.
On the post: Seeing Opportunity, Congress Tries To Rush Through Its Plan To Legalize FBI Abuses Citing 'Orlando!'
On the post: Screenwriters Accuse Christian Movie Studio Of 9th Commandment Violations Over General Script Ideas
On the post: Shameful: House Panel Votes Down Plan To Make Public Domain Congressional Research Public
I;m not usually one to comment on style, but "bogus" is redundant when you already have Debbie Wasserman Schultz in the sentence.
On the post: You're Entitled To Your Own Opinions, But Not Your Own Facts About Copyright, NY Times Edition
On the post: Is It Really That Big A Deal That Twitter Blocked US Intelligence Agencies From Mining Public Tweets?
Re: Re: Re:
"...First Amendment implications as well."
On the post: Is It Really That Big A Deal That Twitter Blocked US Intelligence Agencies From Mining Public Tweets?
Re: Posturing for PR Purposes
On the post: Is It Really That Big A Deal That Twitter Blocked US Intelligence Agencies From Mining Public Tweets?
Re: Re:
On the post: FBI Harassing Core Tor Developer, Demanding She Meet With Them, But Refusing To Explain Why
Re:
On the post: FBI Harassing Core Tor Developer, Demanding She Meet With Them, But Refusing To Explain Why
Re: Dev's blog offline?
On the post: DOJ Issues New Rules On Espionage Investigations To Keep It From Embarrassing Itself So Often
On the post: Priceline Throws A Fit And Sues USPTO For Not Granting Them Booking.com Trademark
Re:
*in the common sense of the word, not the particular sense pertaining to fair use/copyright considerations
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