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Comments

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Weev's Attorney Says FBI Is Intercepting His Client's Mail

Etherwalk Re:This (109 comments)

When someone in the government violates Constitutional Rights in America, two things happen: First, evidence that comes from that violation is inadmissible in court. Second, the person whose rights have been violated can sue the pants off the government.

The US constitution only protects individuals from actions taken by their government or appointees.

Yup. We're talking about the FBI here, so that qualifies.

It is more complicated because of a massive fraud on the part of the prosecution to pretend that the information is not based on that violation.

Citation needed. What constitutional violations are you referring to here?

Google it; it's lying around if you look for it. Look up parallel construction of cases and read up a bit on deliberate withholding of evidence from the court.

It is also more complicated because juries, as a whole, care less about the government having violated your constitutional rights when you are a criminal.

US Juries have no authority to determine whether or not a person's constitutional rights have been violated or not. A judge determines whether any evidence obtained is admissible or not and the jury deliberates based on that decision and the evidence.

Wrong in this context. Section 1983 actions are what you bring when you file a civil claim against the government for having your rights violated. Juries decide issues of fact in Section 1983 cases. Therefore juries devaluing accused criminals results in less protection of constitutional rights.

It is also more complicated because when they get caught doing something bad enough, cops usually offer a deal where you won't sue and they won't prosecute.

Citation needed please.

Haven't looked through the literature for it--you are welcome to look. I am personally aware of it happening to someone who the cops beat the shit out of.

about three weeks ago
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U.S. Court: Chinese Search Engine's Censorship Is 'Free Speech'

Etherwalk Re:14th Amendment (284 comments)

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States

The US Constitution requlates state goverement since the passage of the 14th Amendment. A New York free speach law can not limit the speach of the owners and employees of Baidu. They are allowed to have bias.

They are allowed to have Bias if they admit they have Bias. If they claim not to have bias, or not to be sensoring results, they may be committing fraud / violating truth-in-advertising laws.

about three weeks ago
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Weev's Attorney Says FBI Is Intercepting His Client's Mail

Etherwalk This (109 comments)

Civilised society doesn't work like that.

This.

When someone violates Constitutional Rights in America, two things happen: First, evidence that comes from that violation is inadmissible in court. Second, the person whose rights have been violated can sue the pants off the government.

It is more complicated because of a massive fraud on the part of the prosecution to pretend that the information is not based on that violation.

It is also more complicated because juries, as a whole, care less about the government having violated your constitutional rights when you are a criminal.

It is also more complicated because when they get caught doing something bad enough, cops usually offer a deal where you won't sue and they won't prosecute.

about three weeks ago
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TSA Missed Boston Bomber Because His Name Was Misspelled In a Database

Etherwalk Story coincidentally expands powers (275 comments)

Sometimes they tell the truth; when it is in their best interest.

This. The story may or may not be true, but their willing and demonstrated duplicity in past Congressional reports makes it suspect. Here the story serves their interests by (1) making it seem like it's not really their fault they missed the guy, and (2) making it seem like should grab and harass near-matches and misspellings of peoples' names. It *ALSO* does not say *WHO* misspelled the name when entering it in the database. Because that person should probably be fired.

about three weeks ago
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Xbox One Reputation System Penalizes Gamers Who Behave Badly

Etherwalk Lame players (183 comments)

It's actually extremely easy to tell the difference between a good player and a cheater. It's just hard to tell the difference between two good players, one of which is cheating. A bad player who scores highly thanks to cheats is very easy to spot.

You've also got lame players who aren't cheating. Campers in a first-person shooter and the like.

about three weeks ago
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UK Bans Sending Books To Prisoners

Etherwalk Not about rehabilitation (220 comments)

Prison is also about rehabilitation, or at least it's meant to be.

Malarkey. I don't think a single serious legal scholar today believes prisons are about rehabilitation.

Prison is about punishment. That's it. It's a way of hurting someone. This serves three purposes--politics, retribution, and disincentivization. Politically, overcriminalization lets politicians swear they're tough on crime. Retributively, prisons punish in order to hurt the person who did something bad. Finally, the fact that they are punishment disincentivizes criminal behavior.

about three weeks ago
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Interviews: Ask J. Michael Straczynski What You Will

Etherwalk Zathrus and Thor (276 comments)

What would the dialog be in a confrontation between Zathrus, Thor, and Loki? If you cannot tell us for legal reasons, what would it be in a meeting between not-Zathrus, not-Thor, and not-Loki, who happen to resemble the characters they are not?

about 1 month ago
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Judge Tells Feds To Be More Specific About Email Search Warrants

Etherwalk Re:In other news... (41 comments)

Nobody at DHS is stupid enough to put a Federal Judge on the no-fly list.

Why not? Congressmen did end up on this list a few times

Granted, they would probably be taken off when this issue comes up (unlike the rest of us who just have to deal with it).

Federal Judges are more powerful than Congressmen in many ways. They are also, as a rule, more respectable.

about a month ago
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Judge Tells Feds To Be More Specific About Email Search Warrants

Etherwalk Re:In other news... (41 comments)

Federal Magistrate Judge John Facciola has been added to the no-fly list.

He's a good judge who's made a name for himself in electronic discovery. He's also... well, a Federal Magistrate Judge. Nobody at DHS is stupid enough to put a Federal Judge on the no-fly list. Actually, if anything, they would have them on some sort of VIP whitelist.

about a month ago
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The Poor Neglected Gifted Child

Etherwalk Re:Higher SAT scores, etc (529 comments)

Got to the point the teacher stopped giving me the whole book and I was only given 3-4 pages at a time. So I could "keep up" with other students..meanwhile I coulda had finished the book and been on a 2nd or 3rd by the time the other kids finished the first.

that teacher should be fined or something. That's ridiculous.

about a month ago
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What If the Next Presidential Limo Was a Tesla?

Etherwalk Re:So what if the "presidential whatever" is whate (330 comments)

Does it make any practical difference? Is there any point to this post?

Yes. Practically the poster and various commentators enjoy the hypothetical. In addition, if there were actually a chance of this happening, it would make a practical difference in the security status of the president of the United States.

about a month ago
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Ask Slashdot: College Club Fundraising On the Fly?

Etherwalk Alumni (89 comments)

Call wealthy alumni. You could probably get a list from the alumni office.

A school like Georgia Tech would already have a finely tuned fundraising apparatus targeting 'wealthy alumni.'

It is highly unlikely the alumni office would provide this list to just anyone.

However, as a 'parent said, there may be funds available at the school.

The alumni office shouldn't provide this list--it's intelligent to tightly control fundraising efforts, if they know their job; and having someone go off-script or divert a $50K donation from their general fund is a big deal. (Especially since their job is to build that fund and preserve those relationships).

You might be able to get a donation from alums you are aware of--successful entrepreneurs tend to make the biggest donations, but for $40K it would be worth contacting successful engineers and the like for a few thousand each. Their companies may have matching programs. But if you're an employee, figure out who to ask at the school about the politics.

about a month ago
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Calif. Court Orders Preservation of Disputed NSA Phone Records

Etherwalk Appeals are cheap (28 comments)

How much time will pass before we get a SCOTUS ruling?

One of the problems with the judicial branch is that the appeals process is generally only limited by the size of one's purse.

Bottomless budgets, like governments and large corporations have at their disposal, make for quite the unlevel playing field.

Actually, appeals are relatively cheap, because all you have to do is look at the record from the court below, research a bunch of cases, and write and talk about why your client should have won.

Trials, on the other hand, are expensive and a pain in the ass. You have to do discovery--collecting millions of documents, *analyzing* millions of documents, interviewing lots of people while having at least two lawyers and a court reporter in the room, doing a bunch of motions (each basically like an appeal--look at the docs you have and research a bunch of cases and write and talk about why your client should win), and finally arguing your case in court.

about a month ago
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The NSA Has an Advice Columnist

Etherwalk Re:Nazis (77 comments)

The concept of "justified war" has too major problems:
1) If you accept it, how do you avoid the slippery slope? I can't think of a government in history that has avoided it.
2) If you don't accept it, how do you defend yourself from an aggressor?

The answer to #1 is #2--war is justified when used to defend yourself from an aggressor. The world agreed on this in the Charter of the United Nations, which is why every tinpot dictator now claims his wars are in "self-defense." That claim is what makes wars legal.

That being said, people disagree on what constitutes self-defense, and they lie about it, so you still have a problem.

about a month ago
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Embarrassing Stories Shed Light On US Officials' Technological Ignorance

Etherwalk Re:An advantage (299 comments)

There's also still two cans and a string. Doesn't make it a valid means of communication for normal people.

It's perfectly valid--it works. Because it covers multiple houses, it does not conform to American standards of personal privacy, at all, which is why SCOTUS should revisit the phone privacy question.

about a month ago
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Embarrassing Stories Shed Light On US Officials' Technological Ignorance

Etherwalk Re:An advantage (299 comments)

but I thought most people on slashdot wouldn't know what they were

/. is a place wherein denizens brag about using their acoustic couplers, or bbs'ing at 300 baud or computing in the snow, uphill both ways while editing inodes by hand with a magnet. You take a pretty big leap when you guess that "most" people don't know about an outdated technology.

Not really, at least not for a *particular* *very* outdated technology--there was likely to be a sizable minority who would know and inform the rest, which is what happened. But why would I deliberately make a point in a way which was less clear to everyone else?

about a month ago
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Study: Elephants Have Learned To Tell Certain Languages Apart

Etherwalk Re:Right... (62 comments)

Because you name age, gender and language, not race. So they are racist.

Logic and you just don't go along do you.

Actually, I was just guessing that the different languages spoken were correlated with different races and using that as sufficient evidence of racism to support the joke.

about a month ago
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Study: Elephants Have Learned To Tell Certain Languages Apart

Etherwalk Racist Elephants! (62 comments)

So... the elephants make decisions about danger based on age, gender, and language?

about a month ago
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20 Freescale Semiconductor Employees On Missing Malaysia Airlines Flight

Etherwalk Racism still racist (190 comments)

I see we have never been to Malaysia.

I remember the first time I was in Kuala Lumpur, I was shocked to see newspaper ads for apartments that openly declared "Chinese only" or "Malay Muslim woman only, 18-25" or some such. The racism is all out in the open and codified in law. Every citizen's mandatory ID card has a field for race and religion. Race is there because different people's votes count differently come election time, and religion is there so that when you're eating during the day on Ramadan, when the religious police come into the restaurants you show them and you don't get arrested.

Did we learn something today? Much better than just ignorantly shouting "RACISM!" at a culture with which we are unfamiliar.

Actually, racism is still racism even when and if it is openly endorsed by society.

about a month ago
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Embarrassing Stories Shed Light On US Officials' Technological Ignorance

Etherwalk Re:An advantage (299 comments)

Ah, the party line. I had almost forgotten about them.

Yes. I thought about calling it a party line, but I thought most people on slashdot wouldn't know what they were--we had the last one in a particular rural community nearly thirty years ago.

about a month ago

Submissions

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China Criticizes US For Making Weapons Plans Stealable, Alleges Attacks.

Etherwalk Etherwalk writes  |  about a year ago

Etherwalk (681268) writes "Huang Chengqing, director of the National Computer Network Emergency Response Technical Team/Coordination Center of China, alleged that United States cyber-attacks on China have been as serious as those on the United States. In response to the recent hacks of United States military designs, he replied with an observation whose obviousness is worthy of Captain Hammer: "Even following the general principle of secret-keeping, it should not have been linked to the Internet.""
Link to Original Source
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Manhattan, 1984

Etherwalk Etherwalk writes  |  more than 6 years ago

Etherwalk writes "The New York Times (and the usual suspects) are reporting on developments in the quest to charge driving fees for all vehicles headed below 86th Street in Manhattan. Notably absent from any part of the discussion? A record is made of every car or truck that enters, together with the vehicle ownership information and the date and time of travel — either as part of EZ-Pass or in license-plate photos taken for subsequent billing."
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Etherwalk Etherwalk writes  |  more than 6 years ago

Etherwalk writes "NY's Mayor Bloomberg announced today a series of green initiatives to reduce pollution in New York City, notably planting 1 million new trees and adding an $8 fee for all cars and $21 for commercial trucks driving below 86th Street from 6:00 AM to 6:00 PM on weekdays, the fee to be levied via EZ-Pass and license photos. The system's implementation effectively would make it a crime to enter lower Manhattan in your own vehicle without creating a record of your driving habits for the state."

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