DMCA nothing: there's tons of evidence that wheretowatch.com is a repeat deep-link offender. (Well, not "tons" and not "evidence" but why would that matter?)
Next step is DOJ needs to confiscate the domain for five years.
Isn't it interesting, the things well-meaning people will come up with?
What they created: A thematic input field. Policies. Procedures. Employees to review requests. Committee to review refusals...and appeals. Communication policy. Form letters. Lawyers to fight cases.
What they needed: "We're not responsible for what you make."
In the Kiobel case, Roberts wrote, “all the relevant conduct took place outside the United States. And even where the claims touch and concern the territory of the United States, they must do so with sufficient force to displace the presumption against extraterritorial application.”
The Falun Gong members and the EFF are tilting at windmills. Since all of the filtering took place in China, where there is no US right to free speech, the appeals court (and SCOTUS, should it go that far) is simply going to rule this is an extraterritorial claim and that will be the end of it.
I found out why the recommendations were trashed. This is from an ACLU Virginia article:
Before she retired last year, former Chief Justice of the Supreme Court of Virginia Cynthia Kinser formed a Special Committee on Criminal Discovery Rules.
Maybe new Chief Justice Donald W. Lemons couldn't stop the committee Chief Justice Kinser started, but he can sure ashcan the result. Out with the old regime, long live the new regime.
That was bound to happen even if Lemons agreed with the committee conclusions.
I don't see anything here that will force the NYPD to do anything to improve its behavior.
Provisions that can be weaseled around. Listen quietly to hear the future NYPD whisper: But it is about extremism, terrorism and crime, never about race, religion or ethnicity.
Another civilian representative with no investigative or enforcement authority, who must report to the commissioner who set the broken policies in the first place. Or, should representative conclude the commissioner is shirking, to a judge who must have a good working relationship with NYPD.
And, of course, that representative must report only to those dignitaries...no talking to the press allowed. Says it right there, in plain weasel-text: "...must record and [must] report to..." (as reported, the word "must" applies to both recording and reporting).
We've seen this before, with the "Hanschu Decree." (Wikipedia) What happened to it? Abrogated by the judge, at NYPD demand. So much for agreements with no teeth. Gummy bear agreements.
I'd love to know just what is in the agreement that Twitter, Sunlight Foundation, and Open State Foundation are so chippy-enthused about. Anyone think it's likely there's now a pay-for-service agreement where politicos can get rid of really embarrassing statements for a price?
The committee will make a few threatening noises and listen to a few lies. When NSA seems properly repentant, the committee will stop being interfering overseers and go back to sleep, like the good little accomplices they are.
From the article: ... whether or not cars should be programmed to kill the occupant...
Whew! Good thing you followed this up with a qualifier, because my first thought was murder for hire.
And wouldn't murder for hire be easy for a self-driving car manufacturer to accomplish? "We don't know what happened...everything was going well and suddenly the car swerved into the path of that monster truck. Must have been a software glitch."
These officials didn't realize they were admitting NSA was out of control, of course. But that's how the rules they've put in place translate: "NSA can do whatever it wants."
So the NSA is no longer under administration control; it is a law unto itself.
This, with all the negative attention that forfeiture has lately received. This, with the laws being changed in several places to constrain or ban forfeiture.
All that, and along comes yet another tone-deaf police agency, seeking to buck the currents of civility.
On the post: Hollywood Helps Show Why DMCA Takedowns Are Dangerous, By Taking Down Links To MPAA's Search Engine
After DMCA
Next step is DOJ needs to confiscate the domain for five years.
On the post: Lego Reverses Policy On Block Orders For Political Projects After Public Shaming
Earnest wellthinking
What they created: A thematic input field. Policies. Procedures. Employees to review requests. Committee to review refusals...and appeals. Communication policy. Form letters. Lawyers to fight cases.
What they needed: "We're not responsible for what you make."
On the post: Netflix Pretends It Will Crackdown On VPNs Just Days After Admitting It's Futile To Do So
Word substitution
As the content companies heard it (and will repeat it): "...to engage in what's effectively global Netflix content terrorism."
On the post: EFF Wants Cisco Held Responsible For Helping China Track, Torture Falun Gong Members
ATCA dead
On the post: Virginia Supreme Court Says 'No Thanks' To Improving State's Dismal Court System
It's all explained
Maybe new Chief Justice Donald W. Lemons couldn't stop the committee Chief Justice Kinser started, but he can sure ashcan the result. Out with the old regime, long live the new regime.
That was bound to happen even if Lemons agreed with the committee conclusions.
On the post: Judge Calls Out Prosecutors For Bogus Subpoena Gag Orders
How they will correct it
Warning: impeding an investigation by disclosure of the existence of this subpoena may result in a $250,000 fine, 20 years imprisonment, or both.
See? No "order" there.
On the post: Settlement In Lawsuit Over NYPD's Surveillance Of Muslims Bringing A Long List Of Reforms To City's Policing
Re: Gummy bear agreement
On the post: Settlement In Lawsuit Over NYPD's Surveillance Of Muslims Bringing A Long List Of Reforms To City's Policing
Gummy bear agreement
Provisions that can be weaseled around. Listen quietly to hear the future NYPD whisper: But it is about extremism, terrorism and crime, never about race, religion or ethnicity.
Another civilian representative with no investigative or enforcement authority, who must report to the commissioner who set the broken policies in the first place. Or, should representative conclude the commissioner is shirking, to a judge who must have a good working relationship with NYPD.
And, of course, that representative must report only to those dignitaries...no talking to the press allowed. Says it right there, in plain weasel-text: "...must record and [must] report to..." (as reported, the word "must" applies to both recording and reporting).
We've seen this before, with the "Hanschu Decree." (Wikipedia) What happened to it? Abrogated by the judge, at NYPD demand. So much for agreements with no teeth. Gummy bear agreements.
On the post: As Its CEO Continues To Claim It Doesn't Throttle, T-Mobile Spokesperson Confirms Company Throttles
Know what I mean?
On the post: Twitter Celebrates The Return Of Politwoops, Which It Tried To Murder
Curious
On the post: Federal Judge Finds NYPD Engaged In Evidence Spoliation By Destroying Documents Related To Summons Quota Lawsuit
Equitable solution
1) Case proceeds on the plaintiff's evidence.
2) NYPD defense team may not introduce any email or text from the same time period.
If that results in a cakewalk win for the plaintiffs: well, too bad.
On the post: FBI Finally Completes FOIA Request 1,393 Days After It Was Filed; Withholds All 509 Responsive Pages
List of the list
On the post: After Spending Time As Surveillance Subjects, Intelligence Oversight Committee Suddenly Performing Some Oversight
Overseers? No. Accomplices.
No, changes will not be happening.
The committee will make a few threatening noises and listen to a few lies. When NSA seems properly repentant, the committee will stop being interfering overseers and go back to sleep, like the good little accomplices they are.
On the post: If We're Not Careful, Self-Driving Cars Will Be The Cornerstone Of The DRM'd, Surveillance Dystopias Of Tomorrow
Secondary profit center
Whew! Good thing you followed this up with a qualifier, because my first thought was murder for hire.
And wouldn't murder for hire be easy for a self-driving car manufacturer to accomplish? "We don't know what happened...everything was going well and suddenly the car swerved into the path of that monster truck. Must have been a software glitch."
On the post: CBS Sues Over Star Trek Fan Film Because It Sounds Like It's Going To Be Pretty Good
Fans versus bucks
A fan flick, that is amateur, is free advertising for CBS' zillion dollar major motion pictures.
A fan flick that is professional quality, is competition. Competition must die: it's the way of the world these days.
On the post: NSA Never Stopped Intercepting Foreign Leaders' Communications, Swept Up Congress Members In Its Collection
NSA out of control
So the NSA is no longer under administration control; it is a law unto itself.
On the post: Comcast, Which Wanted To Become Even Bigger, Leads The ISP Pack In Consumer Complaints To The FCC
Mixed up
On the post: Law Enforcement Wants To Be Able To Seize The Cars And Homes Of People Convicted On Child Porn Charges
Tone deaf, part [Nan]
All that, and along comes yet another tone-deaf police agency, seeking to buck the currents of civility.
On the post: Nineteen-Hour 'Standoff' Ends With Law Enforcement Officers Destroying An Empty House
Nuke the suspect
I have to say...that I think it is a really good thing that Younger doesn't have tactical nukes.
On the post: New Mexico Legislators Sue City For Refusing To Follow New Asset Forfeiture Law
Re:
That's right! Your taxes at work!
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