If a suit is filed, the first thing Netflix should do is ask that a rather large bond be filed by Escobar to pay their attorney fees when the suit is tossed as frivolous.
If nothing else, let's hope the local public defender(s) make note of these officers and look very closely at any future warrants or testimony from them.
ISTR that a couple of years ago there was a case which basically said "Using GPS on a phone is not texting", but I can't dig up the reference at the moment.
Brings up another thought- Daubert as applied to anything retrieved from an otherwise encrypted device. I wonder how much a defense could use it to challenge evidence. Would be also be an interesting approach to stingray-acquired evidence.
I would really like to see a judge say, "So, you used a pen register order...; the only info you're allowed to use is what a -real- pen register would record." (basically, the number dialed.)
Besides "accidentally" bricking the phone, another option for Apple is to take a vvveerrrrrryyy lllloooooonnnnnnggggg tttiiiiimmmmmeeeeee to create/test the software, and then send the FBI a colossal bill for the services (although it would be better to get the money up front).
And if they -do- brick the phone, what can the FBI actually do besides wag a finger at Apple?
Not an iPhone user here, but is it even possible to load new software while the phone is locked? Usually software update is a user-mode application, thus can't be started while locked. Off hand, the only alternative that I see is to in-circuit rewrite the OS in the flash memory; if there's a file system involved (and if there's any crypto on that) it becomes somewhat difficult.
A non-functional camera should be considered on-par with non-functional siren, lights, or radio and follow the same procedures as when one of them stops working. I can't imagine an officer continuing to patrol if any of them stop working, and it's highly likely that current procedures say "bring the car in, NOW".
It should be pretty simple- if law enforcement wants to use the "pen register" order, they should only be allowed to use what a real pen register would produce: the number dialed. Nothing else.
Y'know, I already have a device that lets me see who's at the door. It's called a "window", and in over 50 years it hasn't needed batteries or an upgrade.
Wait, what do you mean "Dark 'n Stormy" isn't a household name? It is in most houses I know, and would be with any competent bartender.
Anyway, mixing ginger beer with anything but a very dark rum might make something drinkable, but it won't be a Dark 'n Stormy, just as a Martini has only gin and vermouth.
Re: Re: YOU "non-programmer" don't grasp what an API is! It's INTRINSIC AND INSEPARABLE FROM OTHER CODE.
Or from me, I wrote my first real program (not "hello world") in 1975.
What people -now- call an API has been called different things through the ages ("interface", "system subroutine library", "library function", "supervisor call", etc) and has always been the recipe, not the cake. That's why you can take, say, FORTRAN code from one system, compile it on another, and it'll generally do what you expect.
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Only the Old Ones remember
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Re: Re:
I've been using that analog for years; most people even understand it.
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Re:
If true, it's not a rumor, it's a fact.
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And if they -do- brick the phone, what can the FBI actually do besides wag a finger at Apple?
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Anyway, mixing ginger beer with anything but a very dark rum might make something drinkable, but it won't be a Dark 'n Stormy, just as a Martini has only gin and vermouth.
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Re: Re: YOU "non-programmer" don't grasp what an API is! It's INTRINSIC AND INSEPARABLE FROM OTHER CODE.
What people -now- call an API has been called different things through the ages ("interface", "system subroutine library", "library function", "supervisor call", etc) and has always been the recipe, not the cake. That's why you can take, say, FORTRAN code from one system, compile it on another, and it'll generally do what you expect.
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