Re: Commerical consequences of ecrowed or banned encryption
"It means the death of open source software."
It most certainly does not. The worst case situation will be that some open source development simply stop happening in the US. It will absolutely continue to happen in the rest of the world, though.
We know what that looks like: prior to the last crypto wars, it was illegal to export strong crypto from the US. The result was that the US stopped being as capable of producing strong crypto, as the real development work simply moved overseas.
"Shouldn't we at least hear the cops and prosecutors out rather than merely dismissing them out of hand?"
I think we have been hearing them. The problem is that they aren't really supporting anything that they're saying, and decades of history has already demonstrated that they aren't exactly honest and open in their rhetoric, so it's a mistake to assume that because they said it there must be truth to it.
Oh? It's illegal to impersonate another for fraudulent purposes, whether online or not, but I'm unaware of any law beyond that pertaining to the internet.
"To protect consumers from unfair pricing (gouging, fixing) is the sole responsibility of the FTC, which can and does levy fines against industries for worst consumer practices."
Not a chance. Her opponents in the Senate wouldn't care about the possibility of a pardon nearly as much as they would care to destroy her chances in the election.
"He's actually correct here. If something has happened to one of my immediate family, I would have no problem breaking any law, doing anything I can think of if it might save my family member. "
But he's not correct. If something happened to any one of my immediate family, I would certainly still have a serious problem with all of that. So, given the sample size of the two of us, there is no consensus.
"Prosecutorial misconduct didn't suddenly make him innocent."
True. But throwing out the case because of misconduct is important for two reasons. First, the existence of the misconduct brings the propriety of the entire court case into question. Second, there is no other effective means of deterring that misconduct.
Prosecutors need court victories more than anything else. If shenanigans cost them those victories, they have a very real incentive for being honest.
Yes, I was wrong. Feinstein has not definitively said that she's retiring. However in a number of interviews now she has indicated that it's something that she's strongly considering.
Re: Re: Re: Looks like the legislators want Encryption for Me not for Thee
Perhaps, but I'm guessing that since there's nothing that manufacturers can do to prevent it, if such a case went to court then the manufacturer would prevail.
I'm giving the courts enough credit to recognize that the law cannot compel action which is impossible to perform. I'm not entirely certain about whether or not that's too much credit.
I've eaten the donuts from the Terre Haute shop, and they're good donuts. But the square thing is just a gimmick. It doesn't make the donuts better in any way, so I'm not surprised that it hasn't been widely copied.
I agree. But there's a gotcha in that whole "speedy trial" thing. In the US, you can be held for 72 hours without a charge. The courts have decided that anything over that would begin to infringe on the "speedy trial" portion of the Constitution.
However, there's a loophole that can be used to circumvent this if they really want to screw with you. They simply charge you with something that is bogus, then you wait in jail for your court date. Shortly before your court date, the charges get dropped. Mission accomplished.
On the post: Leveraging Shame And The Presumption Of Guilt To Destroy Lives And Punish Consenting Adults
Re: Re: Re: "Non-feminist"
It's only "cheating" is a trust is betrayed. If everyone involved is informed and consents, then there is no wrong being done.
On the post: The FCC Is Pushing A 'Nutrition Label' For Broadband Connections
Re:
Seems unlikely. The major ISPs have consistently demonstrated that they are incapable of feeling shame.
On the post: MIT Tech Review Tries To Blame Apple Encryption For Wrongful Arrest
Re: Commerical consequences of ecrowed or banned encryption
It most certainly does not. The worst case situation will be that some open source development simply stop happening in the US. It will absolutely continue to happen in the rest of the world, though.
We know what that looks like: prior to the last crypto wars, it was illegal to export strong crypto from the US. The result was that the US stopped being as capable of producing strong crypto, as the real development work simply moved overseas.
On the post: MIT Tech Review Tries To Blame Apple Encryption For Wrongful Arrest
Re:
I think we have been hearing them. The problem is that they aren't really supporting anything that they're saying, and decades of history has already demonstrated that they aren't exactly honest and open in their rhetoric, so it's a mistake to assume that because they said it there must be truth to it.
On the post: Burr And Feinstein Plan One Sided Briefing For Law Enforcement To Bitch About 'Going Dark'
Re: a penny for your thoughts
On the post: Prosecutor Disciplined For Using Fake Facebook Profile To Meddle In Murder Case
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On the post: As ISPs Push Harder On Usage Caps, House Pushes Bill Preventing The FCC From Doing Anything About It
Re:
Except for those of the broadband industry.
On the post: Sheriff And Deputy Somehow Manage To Screw Up Forfeiture Badly Enough To Be Indicted On Extortion Charges
Re:
But you're right -- outside of this freak occurrence, there is no difference whatsoever.
On the post: Dov Seidman Now Suing His Agent Over The Use Of The Word 'How' By Third Party Ad Agency
Re: Obvious Copyrights Are Now Allowed?
On the post: Obama: The Word 'Classified' Means Whatever We Need It To Mean
Re: Re:
On the post: Obama: The Word 'Classified' Means Whatever We Need It To Mean
Re:
On the post: Burr And Feinstein Plan One Sided Briefing For Law Enforcement To Bitch About 'Going Dark'
Weak list
On the post: MIT Tech Review Tries To Blame Apple Encryption For Wrongful Arrest
Re: Easy to say, unless it’s you
But he's not correct. If something happened to any one of my immediate family, I would certainly still have a serious problem with all of that. So, given the sample size of the two of us, there is no consensus.
On the post: Court Says Prosecutor's Lies Means Man Can Have His Money Back, But Not His Life
Re: am I misunderstanding?
True. But throwing out the case because of misconduct is important for two reasons. First, the existence of the misconduct brings the propriety of the entire court case into question. Second, there is no other effective means of deterring that misconduct.
Prosecutors need court victories more than anything else. If shenanigans cost them those victories, they have a very real incentive for being honest.
On the post: Back Door Legislation Won't Have The White House's Support (Nor Its Opposition, Most Likely)
Re: Re: Re: Save California's Tech Industry
On the post: California Lawmakers Manage To Turn Encrypted Phone Ban Legislation Into Encryption Backdoor Legislation
Re: Re: Re: Looks like the legislators want Encryption for Me not for Thee
I'm giving the courts enough credit to recognize that the law cannot compel action which is impossible to perform. I'm not entirely certain about whether or not that's too much credit.
On the post: Trademark For 'Square Donuts' At Heart Of Trademark Dispute Despite It Being Entirely Descriptive
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On the post: Funniest/Most Insightful Comments Of The Week At Techdirt
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On the post: Baseball Equipment Makers In Trademark Spat Over The Word 'Diamond'
Re: Re: Re:
On the post: UK Police Flagging Uncharged Arrestees As Possible National Security Threats To Keep Their Biometric Data From Being Deleted
Re: Speedy?
However, there's a loophole that can be used to circumvent this if they really want to screw with you. They simply charge you with something that is bogus, then you wait in jail for your court date. Shortly before your court date, the charges get dropped. Mission accomplished.
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