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Fifth Circuit Upholds Warrantless Cellphone Location Tracking

enjerth Re:LOL Corporations! (149 comments)

I never said they were unreasonable, per se.

http://www.nacdl.org/CHAMPION/ARTICLES/97jan02.htm

A subpoena may not be issued to collect evidence for a pending case or to help a prosecutor prepare a case for trial.

Neither may a subpoena be issued to collect evidence unrelated to the case.

Such subpoenas would be unreasonable.

Trolling? I asked for you to demonstrate something other than a warrant and you responded with a warrant, albeit one known principally by another legal term.

A subpoena is a warrant to procure testimony, which may not be issued but by a court of law on the standing of sworn testimony describing the person(s) and things (the subject of testimony sought by the court) to be seized.

There would be no other lawful way to seize a person for testimony. It is a warrant.

about a year ago
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Fifth Circuit Upholds Warrantless Cellphone Location Tracking

enjerth Re:LOL Corporations! (149 comments)

Subpoenas are subject to the same procedure and limits as the 4th Amendment provides for warrants.

For the purposes of this argument, subpoenas have the same scope and limits as a warrant has, but merely for different purposes. Subpoenas do not give the government an end-run around 4th Amendment, but must be supported by the same standards as warrants are.

Is that clear yet?

about a year ago
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Fifth Circuit Upholds Warrantless Cellphone Location Tracking

enjerth Re:LOL Corporations! (149 comments)

Umm, does the process for issuing a subpoena look anything like that for a warrant?

For example, is it issued on the authority of a court of law? After evidence is submitted showing the legal reasoning for the issuing of said subpoena? For the purpose of hearing testimony concerning a particular real or perceived contest of law currently being reviewed in that court?

How do you get from that to justifying warrantless, legally unsupervised raids on data at large? I really don't see any connection.

about a year ago
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Fifth Circuit Upholds Warrantless Cellphone Location Tracking

enjerth Re:LOL Corporations! (149 comments)

you say it's 'your data'. How so? I agree it *should* be, but it isn't in the current legal system.

If my current location is unknown to the government, do they have any right to obtain that information without a warrant?

Yes, that information may belong to another party which may divulge that information, which I may generally have no legal right to demand that they shield that information. But the assumption that the government may intrude on this relationship at will to impose it's demands, whether justified by time or distance, is simply unconstitutional. As far as the Constitution is concerned, this information is CLASSIFIED with respect to government accessibility. No warrant, no data.

Or does my right to the right of my privacy from the warrantless intrusion of government expire upon the passing of a moment? Does that data become declassified, given time or distance? I don't think so.

Uh, show me anything that says you can't be identified to a position at a specific time? It's simply not there.

Show me anything that says that the government may demand testimony from someone regarding my position at any time, without a warrant? Is there anything?

about a year ago
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SF Airport Officials Make Citizen Arrests of Internet Rideshare Drivers

enjerth Re:Well (510 comments)

It's the intent, not the method that determines if something is helpful or harmful.

Intent has nothing to do with whether something ins helpful or harmful.

Reality often makes a fool of a man, even if he has the greatest of intentions.

The best practice is just to avoid folly. And this is folly.

This amounts to obstructing a peaceful, technologically advanced means of assembling to conduct regular, private business.

A legal barrier on finding mutually beneficial agreements and conducting speedy business in the information age?

We need to stop legislating disagreements. No prosperity or growth will come out of legislated disagreements, only more division and poverty.

They hate us for our freedoms.

about a year ago
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Fifth Circuit Upholds Warrantless Cellphone Location Tracking

enjerth Re:LOL Corporations! (149 comments)

Because your personal data (the information which may indicate the position of your PERSON at a particular time and place) is constitutionally unprotected when it's possessed by a non-person entity? It's suddenly impersonal data?

My right to be secure in my person (which extends to every time and place of my being, past, present and future) and effects is not violated by means of wresting that information unconstitutionally from a business? How is that not two offenses against the law?

If the information sought were regarding that third- non-person "entity", or the business, would they have any right to demand the release of that data without a warrant?

And how can they require you to keep records for their purposes? Isn't it against your 5th Amendment rights to compel you to record or give any testimony? When you make any accounting to the government you are potentially incriminating yourself. The "pre-crime" aspect of this does not in any way change the implications of what it means to be secure in my person.

There is a narrow gap between this reasoning, and reasoning which gives them access to all your data held by third-party "entities". They can have all your passwords, too, with this wave of the hand.

All your base are belong to U.S.

about a year ago
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Orson Scott Card Pleads 'Tolerance' For Ender's Game Movie

enjerth Re:Really?!? (1448 comments)

Profit is not limited to monetary terms.

The currency of the state is law and power. The more control they get, the more they thrive.

about a year ago
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Dreambox: the World's First 3D Printing Vending Machine

enjerth Re:Meh... (97 comments)

Meh... planned obsolescence?

How about those things in your house that would be perfectly functional if not for a little stupid broken piece of plastic?

No need to throw away a printer just because one of the paper feed gears stripped a tooth or broke. I can think of about a dozen things I've thrown out over the years, totaling several hundred dollars to replace, that I wouldn't have had to if I could print a piece for a few bucks.

Yeah, it doesn't quite add up to savings if I ran my own 3d printer, but the benefit isn't exactly low.

You can refurbish your own stuff instead of throwing it in a landfill.

about a year ago
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Florida Activates System For Citizens To Call Each Other Terrorists

enjerth Re:The Haystack (501 comments)

Exactly how do you fight an idea with a gun? Imaginary bullets?

Make the idea unlawful. Then you can use all the guns you want to kill the idea.

about a year and a half ago
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97% of Climate Science Papers Agree Global Warming Is Man-made

enjerth Re:Yeah... (1105 comments)

I don't think CO2 is really that significant of a cause in AGW.

Who are you, and why should we care what you think?

I'm enjerth.

Why should you care what I think? That's a very good question, especially for starting polite threads of conversation.

So let me turn this around for a moment to consider that question...

No, I got nothing. I don't care what you think, so you can go ahead and give your two shits or less about what I think.

about a year and a half ago
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97% of Climate Science Papers Agree Global Warming Is Man-made

enjerth Re:Yeah... (1105 comments)

I don't think CO2 is really that significant of a cause in AGW.

How much warming does a slab of concrete or asphalt make, as opposed to the land being covered by green vegetation?

You can turn your cars off, or switch fuels, but these deserts of concrete will warm the earth far more and longer than your carbon-based fuels will burn.

about a year and a half ago
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NY Attorney General Subpoenas Craigslist For Post-Sandy Price Gougers

enjerth Re:Morons. (458 comments)

Needs are not artificial.

about 2 years ago
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NY Attorney General Subpoenas Craigslist For Post-Sandy Price Gougers

enjerth Re:Morons. (458 comments)

I feel like you and many others are missing the point: This isn't about supply and demand.

1. These areas are in an official State of Emergency. The rules of business are what the State says they are.
2. Price gouging is its own social harm. It is exploitative and creates massive inequities during a crisis

/Price gouging isn't illegal in all 50 States. Check your local laws.

It's ALL about supply and demand. Your price gouging argument is about a lack of supply in SAVINGS.

You would have no argument if money were not scarce, and the market cannot function if you pretend that money is not scarce.

The gas station needs a new generator to operate while power is out in the area? They found one on craigslist. It was prohibitively expensive, and it's available precisely because of that. The owner sees it as an opportunity to serve his community and potentially come out ahead, but it's a gamble. Why should you shortchange him on his service? Now they can continue operating and sell you gas, albeit for a considerable markup due to the need to recoup the investment on the generator during a short emergency stint which could be resolved in a day or so.

Or, just sit this one out. Let people figure it out on their own.

about 2 years ago
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NY Attorney General Subpoenas Craigslist For Post-Sandy Price Gougers

enjerth Re:$85 gumboots before the storm (458 comments)

You're thinking that the price is arbitrary, and set by the supplier.

And in many cases that is correct. It's the good old American tradition of hitting people when they are desperate and will pay anything, right up there with claim salting and medicine shows.

In all the analyzation about pricing supply and demand, I haven't seen a single comment about the nature of money and it's function in serving this purpose.

What is money? It's a liquid asset.
Why do we keep a liquid asset? For the uncertainty of what you may need or want to acquire in the future.
What happens when you don't have enough liquid assets? Adapt. Aside from fighting each other, that's what we do best. We can survive, if we make good decisions.

Having a reserve of liquid assets is one of those ways we PLAN for survival. But should the market be bent for your benefit if you failed to plan for surviving? No. That affects everyone else and their ability to utilize the market to solve their problems.

And money has a supply and a demand, as well.

In an emergency situation, the need to acquire or hold excess liquidity is suspended, and the VALUE OF MONEY takes a temporary tumble in relation to the need for scarce products and services to relieve the emergency situation.

Anti-price gouging laws is straight up price fixing, and it's immoral. It practically guarantees scarcity, because everyone knows that the money isn't actually worth much under the given conditions. Most people will treat $8/gallon gas with a lot more caution than $4/gallon gas.

Money doesn't fix problems. The market does.

about 2 years ago
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California's Unspoken Health Problem: Brain Parasites

enjerth Re:Finaly (313 comments)

How much could you accomplish if your 5 year old kid controlled 85% of your budget and you only controlled 15%?

You forgot that the 5-year-olds elect 6-year-olds to control that last 15%, leaving adults with no control.

more than 2 years ago
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Study Finds Unvaccinated Students Putting Other Students At Risk

enjerth Re:They're stupid (1025 comments)

Unfortunately, as can be seen by TFA, anti-vaxxing doesn't affect only its adepts but also innocent people around them. Too bad.

Are you suggesting that "it's adepts" are not "innocent people", too?

more than 2 years ago
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Ex-Marine Detained For Facebook Posts Deemed "Terrorist in Nature"

enjerth Re:its all about context (593 comments)

Did they find a battle axe in his possession? If not, it was probably metaphorical.

more than 2 years ago
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Gecko-Inspired Tape Can Be Reused Thousands of Times

enjerth Velcro (95 comments)

They invented universal Velcro?

more than 2 years ago
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Yahoo Blocked Emails About Wall Street Protests

enjerth Re:No censorship on youtube (311 comments)

Your first sentence talks about a bunch of material crap, and your second sentence talks about a "richer life".

Right. Material crap. That's what wealth is all about. The allure of wealth is NOT the money, but all the material crap it can buy.

House - Yep I have a small condo, shelter does improve my life. They had houses 40 years ago though, so I'm not sure what we are comparing here.

Home ownership is higher than it was 40 years ago.

Car - Sort of - I drive my company car, about 90% of my use of the thing is work related. I hate driving but there are times it is useful. Cars existed 40 years ago.

Car ownership is higher than it was 40 years ago.

Big Screen TV - I own an old CRT I inherited from an old roommate that left, I never use it (I have no or satellite service, nor even an antenna to plug into it). Obviously I don't think much of TV making life "richer".

Neither do I. But most people I know spend several hours a day in front of one. I assume they find it adds value to their lives.

State-of-the-art game system - I do own a Wii, its been broken for the last several months. I haven't bothered to fix it because I honestly don't miss it. Apparently it didn't really contribute much to having a richer life.

Again, several people I know spend their spare time on one. If it's not contributing to their lives then they're crazy/stupid to be wasting their lives on it. But it's there, for those of us who find that it does add value to their existence.

PC or Laptop - Computers and specifically the Internet are the one thing I'll give you that made a huge difference in quality of life.

So you finally recognized something of great wealth? You wouldn't have that, certainly not as inexpensively, except that the wealthy provided capital investment for innovation with the vision in mind to market it to the masses. In the exchange, they have grown more wealthy as you bought a product that they produced, and you have grown more wealthy for having such a product. A free trade, and all free (and honest) trade is to the benefit of all the parties involved. And that is the gist of my rant against the above post, which suggested that economic activity can benefit the wealthy alone. Except through means of deceit, a free economy cannot benefit the wealthy alone.

Anything else? Cell phones did eliminate a lot of old frustrations. Looking around my home I don't see much of anything else noteworthy, certainly nothing that didn't exist 40 years ago.

Improvements to windows and insulation to keep homes warmer in winter and cooler in summer. And it's not all in your home. Cheaper food from advancements in farming. GPS. I'm sure there's many more.

The main problem in life is that we work too much and thus can't enjoy any of the stuff we have (whether 40 year old tech or new). That is why we are miserable all the damn time and hate our lives. But the way society is set up, its either work yourself to death and be constantly miserable, or be out of work and eventually starve to death in the streets. Why isn't the march of technology moving our work week towards 20 hours (or less)?

The answer is that it is more efficient to work one person for 40 hours than to work two people 20 hours each.

  And why is efficiency so important? Because that's what sends maximized profits to the rich shareholders at the top.

Why? Did the work week get longer in the last 40 years? Or do you think you should earn the same working 20 hours as you would if you worked 40 hours? If you want to work only 20 hours, there are a few part-time jobs out there.

Efficiency is important, because someone will find out a way to do something cheaper, and you have to compete with that. Cheaper does mean more profits, and more dough to line the pockets of shareholders, but it also means that customers have more spare money in the end.

And why are you miserable? Are you going hungry? Do you not have decent clothing? Aren't all of your needs met? You're miserable because of greed, and you blame it on the wealthy for their greed, but it's your greed that's making you miserable. I've been working 60 hour weeks for a few months, without overtime pay, and I'm still happy when I go home.

So instead of having better and better lives, we are forced to fight ever harder to have a job or else starve.So that the rich can get richer without doing any work themselves.

Ahh, you forgot about how the cell phone and the computer have made your life better. They didn't just magically appear. Someone with wealth and a vision brought these highly valuable resources to you, at a price much better than you could ever afford to make one on your own.

But the struggle for survival is easier than it's ever been. You don't have to tend a garden, can vegetables and keep your shelves stocked so you can survive winter. And you don't have to cut lumber for firewood to keep warm. But if you did those things, maybe you could make it on a 10-20 hour work week.

And when was the last time an otherwise healthy person in the US involuntarily starved to death? And by "rich get richer without doing any work" you must mean labor, or you're too ignorant or stubborn to realize that THEY DO WORK. Although most of their hardest work may be behind them, they worked their asses off to make money to work for them.

about 3 years ago

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