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German Court: Google Must Stop Ignoring Customer E-mails

Dredd13 Re:define "customer" (290 comments)

If you're not paying for the service, you're not a customer.

Google's advertisers and business partners are their customers.

You're not the customer. You're the product.

about two weeks ago
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Judge: US Search Warrants Apply To Overseas Computers

Dredd13 Re:It's almost sane(really) (502 comments)

No. My understanding of the case at hand is that EU privacy laws do not allow for the release of the data without an EU-issued warrant/subpoena/equivalent.

Their privacy laws are much much stronger than ours. You can't simply do what you want with PII in the EU.

about 1 month ago
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Judge: US Search Warrants Apply To Overseas Computers

Dredd13 Re:It's almost sane(really) (502 comments)

Not at all. If EU law prevents me from turning over data (as it would in this case) then I have exceeded my statutory authority by doing so.

The data physically sits in the EU, so my property rights over that data are subject to EU statutory limitations. Under EU law, I don't have an absolute property right to use and distribute that data as I deem fit, I can only do so in compliance with EU law. As EU law would NOT allow me to release that information, any attempt to do so is a violation of my legal authority, which puts me in violation of the CFAA.

about 1 month ago
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Judge: US Search Warrants Apply To Overseas Computers

Dredd13 Re:It's almost sane(really) (502 comments)

Aha, but if American Airlines wanted to pick a particular 747 and only fly it in ${otherCountry}, and then only hold it to ${otherCountry}'s maintenance standards, that would be legal. The only time the FAA gets jurisdiction over the piece of equipment is when American Airlines decides it wants to fly it either in US airspace or to/from a US-controlled airport.

Let me turn that around on you: Should the Chinese government be able to compel a Chinese company, with operations in the US to turn over data, stored in the US, where doing so would be a violation of US law? If "ChinaCo" was a military contractor and had a bunch of classified material on servers here in the US, should the US just roll over and allow China to "subpoena" the US-based blueprints for the new Stealth weapon? Why or why not?

about 1 month ago
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Judge: US Search Warrants Apply To Overseas Computers

Dredd13 Re:It's almost sane(really) (502 comments)

Those warrants and subpoenas have the value of toilet tissue as soon as you try to execute them off-shore.

And the execution of a search warrant happens "where the thing to be searched is", not "where people who have access to it are".

about 1 month ago
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Judge: US Search Warrants Apply To Overseas Computers

Dredd13 Re:It's almost sane(really) (502 comments)

No. The "terminal" is wholly performed on the local screen. The *connection* crosses an international boundary to a place where the US has no jurisdiction.

Worse, circling back to TFA, the US LEO would be attempting to coerce me into violating the law in the EU, which itself would be a violation of US law (CFAA).

- The UK-based server is a "protected computer" (defined as a computer "used in or affecting interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States") [emphasis added]
- I would be violating section (2) ("intentionally accesses a computer without authorization or exceeds authorized access", because my authorized access cannot exceed the legal authorization for where the computer is located)
- I would then be obtaining "information from any protected computer;"

So by obeying law enforcement in this matter you have committed a prima facie violation of 18USC1030(a)(2)(c), punishable by up to ten years in prison, as well as committed a criminal act under EU privacy law.

about 1 month ago
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Judge: US Search Warrants Apply To Overseas Computers

Dredd13 Re:It's almost sane(really) (502 comments)

No. Because the United States has no jurisdiction past the borders of its sovereign territory. It can certainly compel me to go there (and then hope that I don't flip them the bird as soon as I'm on another nation's soil), but it has no legal authority to compel any actions that cannot be wholly performed within its jurisdiction.

about 1 month ago
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Judge: US Search Warrants Apply To Overseas Computers

Dredd13 Re:It's almost sane(really) (502 comments)

And in my revised analogy, the residence is controlled and accessible by US entities (the US citizen who owns it).

about 1 month ago
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Judge: US Search Warrants Apply To Overseas Computers

Dredd13 Re:It's almost sane(really) (502 comments)

No, they should not be able to get warrants for either. They should approach law enforcement in the country where they wish to execute a search and gain their cooperation. If there is a legitimate crime, and the search is in compliance with their local laws, they will happily assist.

about 1 month ago
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Judge: US Search Warrants Apply To Overseas Computers

Dredd13 Re:It's almost sane(really) (502 comments)

If an American citizen owns the house in Amsterdam, how is that any different than the American company owning the server in Europe?

As an American citizen, in that revision of the analogy, be could be compelled to allow US investigators to search his Amsterdam residence.

Would you support that? Cuz "hellz no" for my part

about 1 month ago
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WSJ: Prepare To Hang Up the Phone — Forever

Dredd13 Re:Wow, that was so full of stupid... (449 comments)

I find it odd that you would think that "Randroids" would be in favor of government-mandated monopolies.

It really goes to show how little you know about the people you intend to mock.

about 6 months ago
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AMC Theaters Allegedly Calls FBI to Interrogate a Google Glass Wearer

Dredd13 Re:choice (1034 comments)

People win these sorts of lawsuits all the time.

Bizarro-World is the one people live in when they refuse to even attempt to hold people accountable.

about 8 months ago
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AMC Theaters Allegedly Calls FBI to Interrogate a Google Glass Wearer

Dredd13 Re: (1034 comments)

OK, let me rephrase:

"You don't get to complain afterwards without sounding completely disingenuous in doing so."

about 8 months ago
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AMC Theaters Allegedly Calls FBI to Interrogate a Google Glass Wearer

Dredd13 Re:choice (1034 comments)

You will get far more than $1000 in your civil rights lawsuit against Los Federales. It'll be a net win.

Doubly so if, as suggested, you've been recording the entire thing with your glass.

about 8 months ago
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AMC Theaters Allegedly Calls FBI to Interrogate a Google Glass Wearer

Dredd13 Re: (1034 comments)

So you choose "fun" over "principles".

And that's fine, but you don't get to really complain about it afterwards when you contribute financially to the folks who only will be motivated by financial considerations.

about 8 months ago
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US Light Bulb Phase-Out's Next Step Begins Next Month

Dredd13 Re:Making smart choices (1146 comments)

Except the value of insurance isn't subjective from the perspective of everyone else. If one of those "reasonable, rational people who did not purchase health insurance" gets hit by a bus and has the good luck to survive, then almost certainly it'll be everyone else paying for their treatment in one way or another.

Only because some folks insist that society pick up the tab for people who make bad decisions. Some of us would have a society that says "oh, you didn't buy insurance and now you're really sick? That's a bummer. What are YOU going do to save yourself?"

about 9 months ago
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NSA Wants To Reveal Its Secrets To Prevent Snowden From Revealing Them First

Dredd13 Re:Americans: NSA needs more oversight (216 comments)

The trick is - the NSA has proven that you can't provide effective oversight if the overseers don't have actual direct access to that which they're overseeing.

If they rely on the folks they're overseeing to provide them with the data, it's trivial to provide the illusion of oversight with any of it's pesky actual observance of what is going on.

about 10 months ago
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Apple Sued For Dividing Final Season of Breaking Bad Into Two On iTunes

Dredd13 Re:Why is Apple the one being sued? (458 comments)

They're the ones who advertised "This Season Pass will contain all episodes of Breaking Bad, Season 5" without actually verifying they had the rights to offer all that content for that price.

1 year,11 days

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