> The crime is not failing to get a warrant. The crime is lying about the situation on the stand, or to the judge when you give a sworn statement to ask for a warrant.
As this act was carried out by a member of the law enforcement community, I think, and correct me if I am wrong, that it is, technically, by definition, not a crime. At least that's the only justification I can think of for charges not being immediately filed against this fine upstanding officer of the law.
> But that could easily be solved by posting the same document in its original format at the agency's website.
They don't even have to go that far. All they need to do is sign the damn thing. You would think (if you are a sane, rational being) that there should be a government agency charged with the mandate of improving safe and effective information technology practices (perhaps some sort of national cybersecurity division headed by some sort of national security agency), and could easily train other government agencies on how to use strong encrypti--- oh, I think I see the problem.
no, because there's nothing stopping those particular "good guys" from using their super secret "good guy encryption" to set up a service that other people can use to communicate. The only "good guys" allowed to use "good guy encryption" will be the military, the NSA, the FBI, and the DHS.
What, you mean like Ted Kennedy was 10 years ago? Does anyone know if he (maybe "still") supports the no-fly-list? Or is he a stereotypical politician, not concerned because he isn't one of the little people who have no recourse for getting themselves off the list?
RE: The Right to be Forgotten should be called The Right to Make Forget.
Damn good point, wish I had seen that earlier in the week. I still maintain the position that your "right to be forgotten" infringes on my "right to not be lobotomized".
I understand the privacy and reputation damage concerns, and it is a problem. I think the law should be rewritten to force actual publishers to amend errors and call attention to updates in a conspicuous way. Get that, and I will fully support forcing the search engines to giving precedence to the same, or calling . Because then we aren't talking about shoving stuff down a memory hole, but amending the index to correct errors.
> > The EC should establish actionable responsibilities for foreign investors by allowing a host country or affected third party, such as a trade union or a local community, to bring a claim (or, more modestly, a counter-claim) against a foreign investor in the very same process that is used to enforce foreign investor protections.
I don't think we should settle for half measures here. The state should be allowed to bring a claim, not just a counter-claim. If the state can only bring a counter claim, then the corporation can just drag that process out and bleed the state's coffers dry, which would be happening during or after the corporation *already* sucking up resources in the original claim.
Furthermore, if it shouldn't be the exact same process; it should be a process similar in arrangement. That means when the state brings a claim against a corporation, the state gets to put its own judge, lawyer, or lawmaker in the position of arbiter.
Oh, what's that, dear corporations? You admit that the ISDS process is unfair to begin with?
If I abandon a car on the street, someone eventually claims title. If I abandon a bank account, the state takes it. If I abandon real estate, and don't remedy trespass, adverse possession takes over. If I don't use my trademark, the rights go over to those who do. If I abandon my children, then everyone is taxed to remedy my actions. If I abandon a patent application it goes away. If I abandon a storage locker, it ends up on reality TV. You get the idea.
Apple Computers at 10.5 or less get no updates. Microsoft computers at XP or earlier get no updates. The end of security updates follows abandonment. It is certainly ironic that freshly pirated copies of Windows get security updates that older versions bought legitimately do not.
Stating to me what is the obvious policy stance:
If Company X abandons the codebase, then that codebase must become open source.
I highly recommend the whole video. Although I hotly disagree with his stance on the right to be forgotten, he at least presents a well reasoned argument.
Either that, or someone released disinformation in response to a FOIA request/lawsuit.
I've always wondered what's stopping the government from just fabricating documents in response to these things... and wasting a lot of black ink to make us think we're actually on to something. I would hope there's enough honest souls in there that someone would brave the treason/espionage charges and say something. Besides, what's the worst that could happen to the government for lying to the public? They have to spend taxpayer dollars to pay off a fine?
> They knew what they were doing was wrong but didn't care.
I disagree. I will accept your argument on the premise that you think it's wrong for someone to have a copy of something you wanted to be unique; but I don't think that's wrong.
Someone correct me if I am wrong, but it's not up to the DOJ. If the court says the gag order is no longer in force, then the guy can talk, regardless of the legal pressure the DOJ might want to apply.
> But it also forces the DOJ to choose between publishing the letters and keep on defending them in court.
You left something out; it's rather important I think. It forces them to chose between publishing the letters and spending taxpayer money to keep on defending them in court.
> The (FCC's) position is that versions of this open source software can be used as long as they do not add the functionality to modify the underlying operating characteristics of the RF parameters.
The problem with *this* wording is that the capability *does* exist in the hardware. Software defined radios are about all that exist any more, and what's legal in one jurisdiction is illegal in another. Japan's "channel 14" for WiFi is a great example.
So at best it still seems like overbroad, sloppy thinking. Another case of trying to ban a tool that has legitimate uses, instead of addressing the instances of bad behavior.
I actually *am* on the right piece of soil, but my IP might not indicate that, because I always use a VPN. "We're sorry. This content is not available in your region.". Yeah, fail.
I think Machin Shin is trying to say that since weed is illegal, presumably honest cops won't have ingested any, and the cops at the raid ate some brownies, and presumably those brownies had pot in them.... ergo the cops that pop positive are the ones involved in the raid.
I don't agree with the assertion that those were pot brownies tho.
so basically "we require you to respect the 4th amendment, and we'll just close our eyes and trust that you are. wouldn't want any embarrassing accidental discoveries now."
"We have determined that he really likes autoerotic asphyxiation, and tentacle hentai. He has a collection of animatronic tentacles. If we replace one of his tentacles with a killer robot that doesn't let up when ..."
"Stop. Seriously? I think you need to take a break."
On the post: Judge Not Impressed With Government's Warrantless 921-Page 'Peek' Into A Suspect's Cellphone
Re: iPhone Security
As this act was carried out by a member of the law enforcement community, I think, and correct me if I am wrong, that it is, technically, by definition, not a crime. At least that's the only justification I can think of for charges not being immediately filed against this fine upstanding officer of the law.
On the post: Legislator Looking To Force Government Agencies To Release FOIAed Documents In Their Original Formats
Welcome to 1991
They don't even have to go that far. All they need to do is sign the damn thing. You would think (if you are a sane, rational being) that there should be a government agency charged with the mandate of improving safe and effective information technology practices (perhaps some sort of national cybersecurity division headed by some sort of national security agency), and could easily train other government agencies on how to use strong encrypti--- oh, I think I see the problem.
On the post: Hillary Clinton Doubles Down Her Attack On Silicon Valley: Wants A 'Solution' For Encryption & Clampdown On Free Speech
Re:
On the post: No Matter What You Think Of Gun Control, Relying On The No Fly List For Anything Is Monumentally Stupid
Re: Great idea!
On the post: Funniest/Most Insightful Comments Of The Week At Techdirt
RE: The Right to be Forgotten should be called The Right to Make Forget.
I understand the privacy and reputation damage concerns, and it is a problem. I think the law should be rewritten to force actual publishers to amend errors and call attention to updates in a conspicuous way. Get that, and I will fully support forcing the search engines to giving precedence to the same, or calling . Because then we aren't talking about shoving stuff down a memory hole, but amending the index to correct errors.
On the post: Six Key Flaws In The EU's Proposed 'New' Corporate Sovereignty Court
about that "same process" bit
I don't think we should settle for half measures here. The state should be allowed to bring a claim, not just a counter-claim. If the state can only bring a counter claim, then the corporation can just drag that process out and bleed the state's coffers dry, which would be happening during or after the corporation *already* sucking up resources in the original claim.
Furthermore, if it shouldn't be the exact same process; it should be a process similar in arrangement. That means when the state brings a claim against a corporation, the state gets to put its own judge, lawyer, or lawmaker in the position of arbiter.
Oh, what's that, dear corporations? You admit that the ISDS process is unfair to begin with?
On the post: Locked Out Of The Sixth Amendment By Proprietary Forensic Software
Re: Simple Math
in other words "let us look at the code or we will assume it is just like this pile of crap"
On the post: DRM Still Breaking Games Nearly A Decade After Purchase
Re:
I highly recommend the whole video. Although I hotly disagree with his stance on the right to be forgotten, he at least presents a well reasoned argument.
On the post: DOJ Insists That There Is No Proof Verizon Wireless Shared Phone Data With NSA
Re:
I've always wondered what's stopping the government from just fabricating documents in response to these things... and wasting a lot of black ink to make us think we're actually on to something. I would hope there's enough honest souls in there that someone would brave the treason/espionage charges and say something. Besides, what's the worst that could happen to the government for lying to the public? They have to spend taxpayer dollars to pay off a fine?
On the post: Australian Court Orders Homeowners To Physically Alter Exterior Of 'Infringing' House
Re:
I disagree. I will accept your argument on the premise that you think it's wrong for someone to have a copy of something you wanted to be unique; but I don't think that's wrong.
On the post: Federal Court Finally Says That Gag Order On 11-Year-Old National Security Letter Should Be Lifted Already
Re:
On the post: Federal Court Finally Says That Gag Order On 11-Year-Old National Security Letter Should Be Lifted Already
Re:
You left something out; it's rather important I think. It forces them to chose between publishing the letters and spending taxpayer money to keep on defending them in court.
On the post: No, The FCC Is Not (Intentionally) Trying To Kill Third-Party Wi-Fi Router Firmware
The problem with *this* wording is that the capability *does* exist in the hardware. Software defined radios are about all that exist any more, and what's legal in one jurisdiction is illegal in another. Japan's "channel 14" for WiFi is a great example.
So at best it still seems like overbroad, sloppy thinking. Another case of trying to ban a tool that has legitimate uses, instead of addressing the instances of bad behavior.
On the post: Australia's Legal Bill For Fighting Philip Morris Corporate Sovereignty Case: $35 million -- So Far
Re: A modest proposal.
On the post: Funniest/Most Insightful Comments Of The Week At Techdirt
Re: Re: Re:
On the post: Expired Bogus Patent On Basic Computer Firewall Now Being Used To Shake Down Lots Of Companies
wait wait wait wait
oh yeah, cause they're serious :-/
On the post: Cops Raid Marijuana Dispensary In Order To Play Darts, Sample Edibles And Offer To Kick Amputee Owner 'In The Nub'
Re: Re:
I don't agree with the assertion that those were pot brownies tho.
On the post: CA Legislators Pass Warrant Requirement For Phone Searches, Gut Transparency Stipulations To Appease Law Enforcement
see no evil indeed
yeah, thanks :-/
On the post: CIA Refuses To Release Osama's Porn Collection Information To Bro Who Submitted FOIA For It
Re: Well, maybe...
"Stop. Seriously? I think you need to take a break."
On the post: Virginia Teenager Charged With Providing 'Material Support' For ISIS Through Tweets, Blog Posts About Privacy And Bitcoin
Re: Re:
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