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US Gov't Seeks To Keep Megaupload Assets Because Kim Dotcom Is a Fugitive

Yakasha Re: Wait what? (164 comments)

I am a legal layman; but that is what struck me. We have an extradition treaty with the Kiwis. Based on our 'enthusiastic' diplomatic style it's probably even the one we wanted.

To assert that somebody currently in extradition proceedings is a 'fugitive' is either to claim that the terms of extradition of that country are total bullshit, or basically the same as saying that appealing a conviction is a subtype of prison escape attempt.

"Fugitive" is a term, not the law. The law allows judges to remove your right to use the courts if you so much as refuse to return to the US.

http://www.law.cornell.edu/uscode/text/28/2466:

(1) after notice or knowledge of the fact that a warrant or process has been issued for his apprehension, in order to avoid criminal prosecution—
(B) declines to enter or reenter the United States to submit to its jurisdiction;

So, yes, if you go to an extradition hearing, instead of hopping on a plane, a judge can immediately bar you from using the courts for any purpose.

IANAL... So I really don't know how this law passes the 1st Amendment...

Congress shall make no law... abridging ... the right of the people ... to petition the government for a redress of grievances.

3 days ago
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U.S. and China Make Landmark Climate Deal

Yakasha Re:Ya...Right (285 comments)

Just because we did not ratify it, does not mean that we did not actually honor it.

Right.

And yet, America has met the terms of the Kyoto agreement.

Wrong. Seriously, why do you think that?
Wikipedia:

The initial aim was for industrialized countries to stabilize their emissions at 1990 levels by the year 2000.

Our emissions have gone up since then. We're now higher than our 1990 levels. http://www.epa.gov/climatechan...

about two weeks ago
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Duke: No Mercy For CS 201 Cheaters Who Don't Turn Selves In By Wednesday

Yakasha Re:Or just practicing for an actual job (319 comments)

Most of the time, their ham-fisted copy/paste code doesn't even do what the assignment requires.

So you're saying the cheaters are preparing for the real world!

about two weeks ago
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The Disgruntled Guys Who Babysit Our Aging Nuclear Missiles

Yakasha Re:Scale down the land based forces (176 comments)

Shift their responsibilities to the bomber and submarine forces. Land based missiles don't offer any benefit over the other two legs of the triad.

"Redundancy, the very best there is. When you absolutely, positively got to kill every motherfucker on the planet, accept no substitutes."

Pretty much the only way to stop an ICBM from obliterating you is to stop it from launching. If it is in the air, you're already dead. 3 minutes into a launch, most ICBMs are higher than the maximum range of any SAM, but they're not even done climbing yet. Israel's Iron Dome claims 90% effectiveness at knocking down rockets. So assuming there is an equally effective system for hitting warheads dropped from orbit, you're still looking at 200-300 successful strikes from a full load... So you can still scrap your entire "top 200" bucket list.

To stop the missiles in Nebraska, that means trucking to the middle of the continent across Canada and/or the US. Bombers and submarines are in danger of getting knocked out long before they reach their firing positions.

Bombers & subs thus provide the only chance of "winning" a nuke war with first strikes, but silos in the middle of nowhere add the "guaranteed destruction" element.

about two weeks ago
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Ken Ham's Ark Torpedoed With Charges of Religious Discrimination

Yakasha Re:Sanity? (451 comments)

["who're" is a fun word...]

I love whores

I hate punctuation

about three weeks ago
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Ken Ham's Ark Torpedoed With Charges of Religious Discrimination

Yakasha Re:Sanity? (451 comments)

You may have missed the bits which went without highlighting: "No preference shall ever be given by law to any religious sect, society or denomination; nor to any particular creed, mode of worship or system of ecclesiastical polity"

Tax breaks are a "preference", and Ham's group is a "religious sect, society or denomination".

The tax break is not a preference for religion, it is a preference for tourist attractions. The breaks go to anybody building any tourist attraction of any kind. That doesn't mean religious people can't take advantage of it when building tourist attractions. Nor does it mean you can't build a religious based tourist attraction.

By your logic, priests can't get home loans because the interest is tax exempt. Wiccans can't visit state parks because taxpayer funds built them.. Or maybe you're saying that the State of Kentucky can't even have state parks because Wiccans revere nature... either way, you're wrong.

Anybody and everybody gets to take advantage of state parks and tax breaks, regardless of their religious affiliations.... without violating either the State or US Constitutions.

about three weeks ago
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Ex-CBS Reporter Claims Government Agency Bugged Her Computer

Yakasha Re:She's.. (235 comments)

No doubt. Point being, like sci-fi authors getting kudos for predicting technology advances, political/law thriller authors should start getting the same for predicting what the government is doing today.

about a month ago
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Ex-CBS Reporter Claims Government Agency Bugged Her Computer

Yakasha Re:She's.. (235 comments)

Yes. "And as I was typing and working on questions for a Benghazi-related story, the data started wiping kind of at hyperspeed"

Not how someone with remote control over a computer would wipe data. Not deleting it in the fucking editor. A quick console deltree "My Documents/Bengazi" while the computer is idle is easier and less obvious to the user.

She almost certainly held down control and backspace by accident and blamed it on the government. Classic paranoid ideation.

The other option being: read the story.

Per her source, the deletion of data while she was using it was a warning. Warnings don't work that well when they're less obvious to the user. (I think Tom Clancy actually invented that move originally).

Knowing tech, ya, her story sounds like fiction. But then again a few years ago, so did dragnet surveillance, warrant-less/trial-less asset seizures, and drones executing US Citizens without trials With stuff like that, the known illegal spying, secret courts, secret laws, and fighting terrorism for the sake of the children, who could have predicted most of what is going on these days besides the likes of Grisham & Clancy?

about a month ago
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Manga Images Depicting Children Lead to Conviction in UK

Yakasha Re: Moral Imperialism (475 comments)

Nope. The Supreme Court would have a job, even if they did nothing. They are appointed for life. Unless you think there'd be massive assassinations if a ruling was "wrong".

"shall hold their Offices during good Behavior".

Doing nothing, i.e., not doing their job, is not "good behavior". They would be removed, as has been done before, because they are not appointed for life.

But I guess actually understanding such language is the job of a pedant.

about a month ago
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Manga Images Depicting Children Lead to Conviction in UK

Yakasha Re: Moral Imperialism (475 comments)

It is The People's job, or perhaps the State's, to decide if abridging our freedom of speech, including yelling "Fire!" in a crowded theater, is Constitutional.

Yes, but it's the Supreme Court's job to decide if the law about it is Constitutional. There's a difference. One would think such a pedant would recognize that.

Ah yes of course. When you can't so much as provide a Constitutional reference to support your claim, just reiterate the claim and call people names. Dolt.

about a month ago
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Manga Images Depicting Children Lead to Conviction in UK

Yakasha Re: Moral Imperialism (475 comments)

You're more than welcome to get emotional about whatever you like. But, you are in the minority of popular opinion on this matter. Even among those informed enough to have looked into the concept, they appreciate that it is an implied power of the court (all the courts, btw, not just the supreme), it is a reasonable implication, and consider it congruent with the intentions of the drafters of the constitution.

When the courts are deciding that the Constitution does not apply, then they are absolutely, 100%, NOT going with what the drafters of the Constitution intended. The basics of how things work is: The people have all the power; the people choose to give up some power that is specifically enumerated in the Constitution. Very simple fact: Any power not delegated to the feds is reserved for the people & states. Nowhere in the Constitution does it so much as imply that sections can be deemed, by the Federal Government, to not apply. There is nothing ambiguous about "Congress shall make no law...". There is no question about the definition of the word "abridge". Hence the 10th Amendment specifically stating that any power not given to the Feds IS NEVER THEIRS. Nobody gave the Feds the power to decide which speech is protected and which is not, because such a distinction is not made in the Constitution. (I left the judge argument behind because it was a bad choice for my point. The judicial powers, as I understand them, do include adjudicating the constitutionality of laws & actions because of Article III, Section 2: "The judicial power shall extend to all cases, in law and equity, arising under this Constitution ..."

I'm not sure I follow your claim about it only applying with the supreme rulers of the land decide it does. Not to say that various leaders didn't overstep their bounds. An easy example is Lincoln suspending habeus corpus, and then ignoring the judicial review against him on the matter. But this merely requires improved enforcement of the checks and balances in the system.

Freedom of Speech is a very simple, clear cut example. "Congress shall make no law ... abridging the freedom of speech." It is that simple. No law does not mean "some laws", "some times", or "some situations". It doesn't matter what Common Law says, or tradition, or the church, or your own moral code. If some other duty or requirement of Congress puts them in a position where they need to curb speech, then the only Constitutional course of action is something else. Anything that does not violate the 1st Amendment. Absolutely any argument used to ignore one section can be used to justify anything else. The most popular argument used is as presented by Justice Holmes, "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic". Sounds reasonable, right? Well, "The most stringent protection of due process would not protect a Japanese man walking free in 1942 and causing a panic" Now internment camps with no trial or crime committed are perfectly Constitutional as well. Oh, well, 50 years later we decided they're not, right? We paid reparations to them, so its all ok now, right? Except for the fact that it never would have happened if people didn't arbitrarily ignore other sections of the Constitution.

about a month ago
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Manga Images Depicting Children Lead to Conviction in UK

Yakasha Re: Moral Imperialism (475 comments)

Way to not make a point.

about a month ago
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Manga Images Depicting Children Lead to Conviction in UK

Yakasha Re: Moral Imperialism (475 comments)

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. . . . [A]ll executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution." If the constitution is the supreme law, and the judges must support its supremacy, the only way I can perceive of upholding this is by way of judicial review. It might not be explicit in the constitution, but this is a very strong implication.

<emotion>
Fuck your implication because

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

It is The People's job, or perhaps the State's, to decide if abridging our freedom of speech, including yelling "Fire!" in a crowded theater, is Constitutional.

Since the 10th is being ignored, then who the fuck cares what the rest of the Constitution says? The Constitution says that no law can abridge the freedom of speech. But we now have definitions of what is "protected speech" and what is not. Some of it is covered by the Constitution, and some is not. Same with guns, and trials, and warrants, and everything else in there. The "Supreme Law of the Land" only applies when the Supreme Rulers of the Land decide it does... which means it, including the part you quoted, is as valueable as King George's pinky swear to not abuse the colonies.
</emotion>

Welcome to earth, citizen.

about a month ago
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PETA Is Not Happy That Google Used a Camel To Get a Desert "StreetView"

Yakasha Re:dolphin? (367 comments)

The standards are pretty low... you may as well.

The explanation was modded +1 Funny... I think the nobel prize committee is already here, modding slashdot.

about a month ago
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The Greatest Keyboard Ever Made

Yakasha Re:Kinesis (304 comments)

I would love to have a Kinesis Advantage with durability and buckling springs of Model M.

Advantage got such a good layout, but the rubber function keys are just garbage!!!

Absolutely agreed. I had an Advantage before my Freestyle. I don't think mine had rubber function keys, but like the freestyle, if it just had slightly better klacking I think it would be perfect for me.

about a month and a half ago
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The Greatest Keyboard Ever Made

Yakasha Kinesis (304 comments)

The clack isn't the same in the Kinesis Freestyle 2, so not nearly as satisfying, but it is there.

And since my tendinitis isn't anymore... it is a trade up. Sorry M. :(

about a month and a half ago
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DoJ: Law Enforcement Can Impersonate People On Facebook

Yakasha Re:Copyright Infringment (191 comments)

Better yet: two counts of wire fraud and 11 violations of the Computer Fraud and Abuse Act, carrying a cumulative maximum penalty of $1 million in fines, 35 years in prison, asset forfeiture, restitution and supervised release.

Nah. Eric Holder has already stated that he has broad latitude in prosecuting criminals. She might win in civil court, but there's no way those apparent criminals are going to jail.

Of course not. I'm sure the DA will offer 6 months in federal prison & a felony record shortly before they hang themselves.

about a month and a half ago
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DoJ: Law Enforcement Can Impersonate People On Facebook

Yakasha Re:Copyright Infringment (191 comments)

I think the agent in question & his bosses all hanging themselves in their bedroom would be acceptable to me as well.

I would rather we do the hanging in the town square so we can all enjoy the scene. When the worst criminals we have to deal with work for the government, we are all in trouble.

I would rather they see their world crumble around them. I want them to see there is no future for their kind. I want them to despair so fully and completely that they cannot handle the thought of continuing to exist being so out of place. I want them to want to kill themselves to relieve themselves of the shame of knowing the rest of the world will move on, better & brighter, regardless of what they've done or tried to do. I don't want them to know failure, for failure requires an understanding of success. I want them to know their presence was utterly and completely irrelevant.

R'lyeh is Rising!!!

about a month and a half ago
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DoJ: Law Enforcement Can Impersonate People On Facebook

Yakasha Re:Copyright Infringment (191 comments)

Better yet: Identity Theft.

Better yet: two counts of wire fraud and 11 violations of the Computer Fraud and Abuse Act, carrying a cumulative maximum penalty of $1 million in fines, 35 years in prison, asset forfeiture, restitution and supervised release.

I think the agent in question & his bosses all hanging themselves in their bedroom would be acceptable to me as well.

about a month and a half ago
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Marriott Fined $600,000 For Jamming Guest Hotspots

Yakasha Re:Did the fine cover the price paid by the visito (278 comments)

Are you kidding?

They were jamming for two years in a convention center where thousands of people meet every weekend, and they were charging exorbitant fees, in some cases $1000 per device. If this looks too high to you, imagine you are giving a talk about the last 18 months of your research, and a prearranged setup stops working. Your tenure, your reputation, your tenure may depend on that talk. And that's just for researchers. A company that has gathered a thousand POS managers for a discussion of a new system will have millions on the line.

Captive customer base indeed.

Fines seldom come close to wiping out the profits from the con, when big businesses with lobbyists are involved. I have personally participated in a cleanup effort (mostly through volunteers) which used about $30,000 on top of our donated time and equipment. While we were working, the assholes released more detectable crap, and were fined $2,500. But hey, they are golfing with the local high scum.

Did you host an event there? Sue Marriott in civil court.

about 1 month ago

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