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Mass. Supreme Court Says Defendant Can Be Compelled To Decrypt Data

Jumperalex Re:Except, of course, they have to prove you can (560 comments)

I don't see why not.

First you are resumed innocent at least by US Law. So to claim that you setup the dead-man switch specifically to destroy evidence is to assume a priori that you are guilty.

Second, there are completely legitimate reasons for the scheme presented. Such as preventing absolutely anyone else in the world, other than the police, from accessing the data without your knowledge or consent. The fact that it is so elaborate and/or effective (I can't comment on that last bit) is evidence of skill not guilt.

Assuming a defendant didn't do something stupid like admit their real fear was prosecution using evidence of a crimes stored on those very same drives, I'd have a hard time as a juror finding the defendant guilty of evidence tampering. I am under no obligation to admit anything about those drives, to include my knowledge that the clock is ticking. That is the heart of the self-incrimination argument against having to decrypt a hard drive.

Mind you my assertions above are not backed up by a law degree and in some ways are still tenuous given the current state of jurisprudence in the various US courts. Though iirc, the SCOTUS has weighed in with a narrow decision along those lines. But I might only be thinking of a circuit court decision.

about a month ago
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Teacher Tenure Laws Ruled Unconstitutional In California

Jumperalex Re:State constitution, not Federal (519 comments)

haha thanks, you mostly saved me from saying the same thing. So I'm just piling on for effect.

While it might be a worthy discussion to have concerning just how much work gives you how much "paid-retirement" the fact that the concept itself is looked at with derision is truly sad. Instead of lionizing the few left who still have the option, it might be better to start demanding answers for why more people don't.

*Disclaimer - I'm one of the lucky few

about a month and a half ago
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Can Thunderbolt Survive USB SuperSpeed+?

Jumperalex Re:So in other words, it will be just like Firewir (355 comments)

The problem lay with the peripheral manufacturers who didn't want to put in more expensive controllers and dual-ports on their enclosures. ... They buy on price and availability, plain and simple.

And they were right. Overall what is cheaper? Six devices and a computer with expensive controllers in them? Or one computer with one less expensive controller in it and six devices with really inexpensive controllers in them?

Daisy chaining - I'm sure it was nice, and I can even think of one or two cases where I might have used it if it were available, but in the end the fast majority of my devices were all within reach of me, which meant they needed to be ~the same distance from the computer, which meant they could both use the same length cables (give or take). Daisy chaining doesn't change the # of cables I need. At best is lets me use one shorter cable and slightly declutters the back of my computer. But that is what a USB hub is for, and combined it was cheaper than FW controllers, enclosures, and cables.

It was a very expensive solution to a problem very few people had: the need to move massive amounts of data in/out of a peripheral at a time when the user is unwilling to wait. That is to say, not even external-backups really needed it because those tend to be fire and forget.

At least that was my experience and I actually did buy an external FW HDD for backups because I really was just that impatient :)

about 2 months ago
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Traffic Optimization: Cyclists Should Roll Past Stop Signs, Pause At Red Lights

Jumperalex Re:Dangerous (490 comments)

My typical comment when i lived in Vegas was, "and your tombstone will read 'but he had the right of way!' "

about 3 months ago
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DOJ Complains About Getting a Warrant To Search Mobile Phones

Jumperalex Re:Makes no sense (178 comments)

And if the officer is not in possession of the phone, then having or not a warrant has exactly zero impact on the suspect's ability to wipe the phone. The only thing that prevents that is physical possession of the phone by the officer. Not having a warrant does not prevent the officer from taking the phone into evidence, it just stops them from searching it until a warrant is granted. So no, it most certainly does not.

about 3 months ago
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The Best Parking Apps You've Never Heard Of and Why You Haven't

Jumperalex Blah Blah Blah Haters Gonna Hate ... (163 comments)

I now know about a very handy parking app for DC. And I DID actually look for one and as the article suggests I found crap. Now I'm happy and his "textwall" not withstanding I have no baggage with this Bennett person so all I can say is "Thanks"

about 3 months ago
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Supreme Court Skeptical of Computer-Based Patents

Jumperalex Re:you have things backwards (192 comments)

Also just stop and look at the insanity and stupidity of that logic ... a system that makes people be willfully ignorant of the current state of the art. A system that wastes resources by encouraging people to create something that will ultimately because it infringes. A system where investors won't (if they are smart) touch you if you haven't done due diligence at some point to protect their investment ... all the while knowing that no matter how hard you try chances are there is someone sitting out their just waiting for a target worthy of suing. How's that for stifling innovation??

I'm not saying patents would be 100% abolished, but the current system FAILS its intended purpose and is in need of a serious overall to avoid wasted resources, prevent submarine-ing, and generally stop ridiculously obvious patents in their tracks to the point of preventing them from being grants in the first place no less costing millions to fight.

I'll sum up with, if you are small entity and think the patent system is your friend ... you have not been paying attention.

about 4 months ago
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Are DVDs Inconvenient On Purpose?

Jumperalex Re:not really sales, just the first sale (490 comments)

First sale explains why Netflix is allowed / forced to use physical discs absent a streaming license for a specific title. It does not an explain why the studios don't offer Netflix the aforementioned "virtual" discs.

about 4 months ago
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Jimmy Wales To 'Holistic Healers': Prove Your Claims the Old-Fashioned Way

Jumperalex Re:You know what they call alternative medicine... (517 comments)

Yes, and charge a LOT of money for it and if it doesn't work blame the patient for not "believing hard enough" ;-)

about 4 months ago
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Linux May Succeed Windows XP As OS of Choice For ATMs

Jumperalex Re:Ok seriously though ... (367 comments)

I see your point. That might be the missing link. I just don't know how much they would have to pay for that once a distro goes EOL from the mainline support structure.

about 4 months ago
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Linux May Succeed Windows XP As OS of Choice For ATMs

Jumperalex Re:Ok seriously though ... (367 comments)

with banking and PCI compliance I don't know if it is really that simple.

I mean let me be clear, I'm not saying it is a bad idea to go open-source, or look for options beyond MS ... I'm just saying I'm not seeing how moving from one OS to another solves their software/hardware synchronization problem given that fact that they are themselves independent of each other and driven by different life-cycles realities [shrug].

about 4 months ago
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Linux May Succeed Windows XP As OS of Choice For ATMs

Jumperalex Re:Ok seriously though ... (367 comments)

But that same argument can be used right now with the XP ATM's ... until the hardware breaks those can run "forever". Well that is except for security updates which any old UNIX GUI would need as well. you can't get around the need for security updating. So then it is a question of who will perform that function. with XP is was MS, with [Linux Distro] it is [Linux Distro Owner] and they will both EOL a distro at some point and stop providing security updates.

At least that is my question ... what am I missing?

about 4 months ago
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Linux May Succeed Windows XP As OS of Choice For ATMs

Jumperalex Ok seriously though ... (367 comments)

I guess I'm missing the difference. Linux distros and kernels do indeed go EOL. When that happens there are no more security updates and backporting right? Well how is that different than what MS is doing right now with XP? In either case they will still have to face the fact that the OS isn't going to be supported anymore and will require them to upgrade software.

Or are they thinking they will go it alone and continue to update their Linux distro/kernel just because it is open source? Do they really think they are qualified to do that? Or is the hope that they can spend money to keep the OS in long-term-support status?

about 4 months ago
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Linux May Succeed Windows XP As OS of Choice For ATMs

Jumperalex First (367 comments)

First

about 4 months ago
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Measles Outbreak In NYC

Jumperalex Re:Cut them off (747 comments)

And make them wear a giant red "V" on their clothes

about 4 months ago
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Apple Refuses To Unlock Bequeathed iPad

Jumperalex Re:Why do they need to unlock it? (465 comments)

Even if they were asking for a new set of locks, your answer is still on point: they can charge a reasonable fee but they can't deny you. But perhaps that is just where fails ;-)

about 5 months ago
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The Next Keurig Will Make Your Coffee With a Dash of "DRM"

Jumperalex And just like Sony ... (769 comments)

they deserve to fail miserably and go down in flames.

about 5 months ago
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Ask Slashdot: What Review Sites Do You Consult For IT Equipment?

Jumperalex Re:AnandTech.com, TomsHardware.com - Beware! (129 comments)

Obviously anecdotes mean nothing, but I'm always puzzled by comments like this. I've got a several year old Vertex 2 that started as my win7 OS drive and is now doing duty as a Plex Media Server app drive. I also have a Vertex 3 as my win7 OS drive. Finally I have another Vertex 2 in my laptop, though I admit right now it gets very little use. Both have been operating with no trouble to include a number of trouble free firmware updates.

Yes OCZ does seem to have a higher rate of failure than most other SSD's (that alone would be enough had I known it back in the day) but it isn't like they are failing in droves. They are still at least as reliable as an HDD. And for the price they fit a niche. I'm not running a server farm so I don't need that level of reliability. That is why I have backups.

As to them going bankrupt ... well that is more a case of mismanagement than products that suck. Though I suppose their push capture the market via ultra-low prices couldn't be sustained long enough to work and so now they are suffering the consequences. So yeah, poor management decisions [shrug].

about 8 months ago
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A War Over Solar Power Is Raging Within the GOP

Jumperalex Re:Fucking rednecks (1030 comments)

You might want to look a little more into your assertion that oil came into its own without a ton of federal help. And in case you want to specifically focus on the real no kidding "birth" of the petroleum revolution that is fine. But make no mistake oil has and still does get a TON of federal help. I think a lot of people would be fine cutting alternative energy subsidies if only the petroleum ones were cut as well.

The problem as I understand it though is that the US petroleum industry "needs" all that help in order to compete with the rest of the world. I can't say for sure if that assessment of "need" is really valid, but non-US petroleum production and refining does get some non-trivial level of government support and so it would harm the US if they did not do the same in order to compete.

So given that, you have to ask the question, "how can a nascent industry like solar/wind/storage/any other renewable" have a chance to compete in a market where the entrenched incumbent has the advantage of both a lock on the market and government support?" Easy answer, it cannot.

As to picking winners and losers, that only applies where the government is specifically choosing a technology/company to the exclusion of others. I'm pretty sure that has only happened in one case; Ethanol and specifically corn-based Ethanol. Barring that, or in case we have been a little too specific, then the easy solution is you fund basic research,the kind that is high risk-long lead and not suitable for most commercial ventures, and you create pots of money that can be applied for (loans, grants, whatever) by anyone looking to demonstrate commercial-sized production.

Everything below here is more a response to other posts above yours, so if my comments don't apply to you, please don't take offense :)

Everyone likes to point to Solyndra and say, "SEE!!! That is what is wrong with renewable energy and picking winners and losers!!!" No, that is just what happens when you decide to spend money to find the right solution out of many. Some fail, some succeed, and some fail only to be picked up by smarter/better/better-timed people to finally succeed. And while Solyndra itself might also be an example of bad politics (I think the final post-mortem showed it actually wasn't), it is also proof that politics should be kept out of that sort of thing. The government should not feel the need to find a poster child for what amounts to good general policy of a country investing in its energy future.

about 8 months ago
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How 3 Young Coders Built a Better Portal To HealthCare.gov

Jumperalex Re:Government Involvement (499 comments)

Right. And because they cannot deny coverage, AND reality means many people cannot pay for that emergency service, it means we should be REALISTIC about how we manage a sustainable system. That means not allowing people to be de facto covered via the most expensive health care possible, emergency services, without demanding that they contribute, upfront and for cheaper services than emergency care. Or how about preventing unwanted pregnancies via inexpensive contraception so that society doesn't have to bare the burden of an expensive person.

As to the large banking institutions ... That is because large banking institutions are not the same as healthcare. If you don't know that already I can't explain it to you. But I'll give you a hint: when was the last time you had to have an emergency banking procedure? And when you did, how much time did you have and many banks did you research before obtaining service for your life-or-death emergency banking procedure?

Sadly the financial bail-out, for all the ways it should have been done differently (like exerting more control over banks receiving support and consequences for people), was at its core necessary to prevent more damage. It sucks but that is the truth. We made our bed via deregulation and we had no choice but to solve the short term problem of the liquidity markets freezing up. The important question is not should we or shouldn't we have done it (or how should we have done it differently)? The question is, what are we doing now so we don't ever have to do it again!?!?! I was appalled that the banks were not allowed to fail. I was even more appalled that they COULD NOT be allowed to fail, and I'm down right disgusted that for the most part they STILL CANNOT be allowed to fail.

about 9 months ago

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