This. I'm curious though, is the judge in question aware he may have just effectively struck down the Sherman Anti-Trust Act?
After all, if a single company in a market that gets 100% of the customers and actively discourages competitors isn't anti-competitive, then nothing is.
Re: "No, as a matter of fact, you CANNOT come in. Wait outside."
Any violation of constitutional, civil or statutory rights you could sue a public official in federal civil court for and win, is also a criminal act, and a felony almost without exception when it's done by a cop.
But somehow, the cops and the feds are just too busy to bother enforcing the law against their own guys.
"Suddenly, the home they were already in was declared a crime scene, despite there being no evidence of foul play. "
This almost happened to my mother recently. My grandmother had congestive heart failure, and wasn't expected to live long (and her chances of surviving surgery were lower than just letting it happen). One day, my mother went to visit her and found her dead in her bed.
So my mother called the police, and the first officer on the scene was apparently instantly convinced my mother had murdered my 92 year old grandmother. Somehow. The idiot tried to turn the house into a crime scene, prevented anyone from covering my grandmother's body, acted extremely aggressive and hostile, the works.
It was only when his supervisor arrived that sanity prevailed.
The United States is unusual among Western countries for making our human rights protections the highest of laws. Most other countries do it through mere statutes, and one statute can easily override or supersede another.
In the EU, if two statutes directly conflict, the court balances them out in a compromise. In the US, if a statute directly conflicts with the Constitution, the Constitution wins.
Re: Re: Re: "It's not a violation of the fifth!" "Prove it."
This. If the only reason you had to look in a given place for a specific thing was information acquired through an illegal search, then looking for that thing in that place was a product of the illegal search, and is also inadmissible.
I am now wondering how good their virus scanning is. Would it detect the cutting edge of computer viruses, or is it running on an old Windows XP machine with 20 year old anti-virus?
Wouldn't it suck if someone's phone was so infected with contagious malware, it was effectively a paperweight?
During the years the Soviet Union held power, their laws guaranteed that every citizen had total freedom of speech and expression. They liked to use it to proclaim that the US was not the bastion of freedom it claimed to be, especially during things like HUAC.
And as far as their legal system went, it was actually true. But every Soviet subject knew full well that if they actually exercised those rights in a way the Party disliked, there would be a knock on their door in the middle of the night and they would never be seen or heard from again. But hey, the lack of courts of trials meant that technically there was no law against such things.
The plaintiff's claims in this case seem to reflect Soviet reality, and an expectation that US laws MUST work exactly the same way.
Re: If the constitution doesn't apply near the border...
Yes, it would mean exactly that. All federal organizations in all three branches are creations of the Constitution or the result of actions authorized by the Constitution.
If the Constitution does not apply in any given area -- such as outside of the national border or within a certain distance inside of it -- then nothing authorized by the Constitution or by statutes the Constitution has authorized or by regulations authorized by those Constitution-authorized statutes does not apply there either.
All interests are special. People just consider theirs to be simple good sense, and those of others to be crazy. For much the same reasons as religions and rights.
So they switch to "Sum2018!" and "Spr2018!". And since a season is about 90 days, that gives them a password that meets all the new password requirements of the NJ courts.
And the hackers win too, because that password is guessable by the sort of botnets serious hackers use for this sort of thing in less than 4 hours.
On the post: Court Rules It's Fine If FCC Wants To Deem Just One Available ISP As 'Competition'
Re: Re:
After all, if a single company in a market that gets 100% of the customers and actively discourages competitors isn't anti-competitive, then nothing is.
On the post: The Scunthorpe Problem, And Why AI Is Not A Silver Bullet For Moderating Platform Content At Scale
Re:
On the post: The Scunthorpe Problem, And Why AI Is Not A Silver Bullet For Moderating Platform Content At Scale
Re: AI Is Not A Silver Bullet
On the post: The Scunthorpe Problem, And Why AI Is Not A Silver Bullet For Moderating Platform Content At Scale
Re:
On the post: That Time Telco Lobbyists Sent Me All Their Talking Points About Trying To Shift The Blame To Internet Companies
Re: Re: DMCA, here we come
On the post: Officers Lose Their Evidence After Turning A Medical Emergency Call Into A Warrantless Search Party
Re: "No, as a matter of fact, you CANNOT come in. Wait outside."
But somehow, the cops and the feds are just too busy to bother enforcing the law against their own guys.
On the post: Officers Lose Their Evidence After Turning A Medical Emergency Call Into A Warrantless Search Party
Close Call
This almost happened to my mother recently. My grandmother had congestive heart failure, and wasn't expected to live long (and her chances of surviving surgery were lower than just letting it happen). One day, my mother went to visit her and found her dead in her bed.
So my mother called the police, and the first officer on the scene was apparently instantly convinced my mother had murdered my 92 year old grandmother. Somehow. The idiot tried to turn the house into a crime scene, prevented anyone from covering my grandmother's body, acted extremely aggressive and hostile, the works.
It was only when his supervisor arrived that sanity prevailed.
On the post: Flordia AG Somehow Pivots To The Danger Of Video Games After The Latest Florida Shooting
I wonder where Flordia is...
On the post: A Link Tax Won't Bring Back Journalists; It Will Do Even More Harm To Them
Re: soo
In the EU, if two statutes directly conflict, the court balances them out in a compromise. In the US, if a statute directly conflicts with the Constitution, the Constitution wins.
On the post: Indiana Appeals Court Says Forcing Someone To Unlock Their Phone Violates The 5th Amendment
Re: Re: Re: "It's not a violation of the fifth!" "Prove it."
On the post: Important Appeals Court Ruling States Clearly That Merely Having An IP Address Is Insufficient For Infringement Claims
Re:
On the post: Fugitive Fraudster Who Demanded Half Of Facebook Arrested After Three Years On The Run
Re:
On the post: American Muslim Challenges Warrantless Border Device Search From An Unexpected Legal Angle
Re: Re: Walking honeypot
Wouldn't it suck if someone's phone was so infected with contagious malware, it was effectively a paperweight?
Honeypots, indeed.
On the post: Judge In Broward County Documents Case Decides The First Amendment Doesn't Cover These Public Records
Re: "Hey, you offered."
On the post: Court Dismisses Defamation Lawsuit Over Steele Dossier
Soviet Russia
And as far as their legal system went, it was actually true. But every Soviet subject knew full well that if they actually exercised those rights in a way the Party disliked, there would be a knock on their door in the middle of the night and they would never be seen or heard from again. But hey, the lack of courts of trials meant that technically there was no law against such things.
The plaintiff's claims in this case seem to reflect Soviet reality, and an expectation that US laws MUST work exactly the same way.
On the post: Head Of Department Of Justice Bashes Justice System Because It Blocks Too Many Of Trump's Orders
Re: You left out the word Allegedly
On the post: A Senator Says U.S. Broadband Maps 'Stink.' Here's Why Nobody Wants To Fix Them.
Re: Re: Re: Nice Map
On the post: Court Says Arizona Residents Hassled By CBP Encroachment Can Move Forward With Their First Amendment Lawsuit
Re: If the constitution doesn't apply near the border...
If the Constitution does not apply in any given area -- such as outside of the national border or within a certain distance inside of it -- then nothing authorized by the Constitution or by statutes the Constitution has authorized or by regulations authorized by those Constitution-authorized statutes does not apply there either.
On the post: Court Says CBP Likely Violating First Amendment By Forbidding Photography Of Publicly-Viewable Border Crossings
Re: Re: Awesome first step!
On the post: NJ Courts Impose Ridiculous Password Policy 'To Comply With NIST' That Does Exactly What NIST Says Not To Do
Re: Re: Re: Same Policy
And the hackers win too, because that password is guessable by the sort of botnets serious hackers use for this sort of thing in less than 4 hours.
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