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Comment Re:Meh, I can't bring myself to care (Score 1) 271

So you are claiming I totally misinterpreted you, and it's all my fault because you are a beacon of clarity in an otherwise unclear world?

No, I'm claiming that I think that saying that I'm for anarchy or something similar just because I wasn't absolutely precise is an unreasonable interpretation of my words.

If you want people to interpret you precisely, you have to be precise.

So you don't tell us anything about the Fourth Amendment, except that it's anti-authoritarian and anti-mass-surveillance in spirit?

It's both. Why would go in depth about it in an unrelated discussion?

Anti-Authoritarianism does not gain credibility from Appeals to Authority.

No clue what you mean.

Has it ever occurred to you that a) you should probably read the Fourth Amendment before making claims about it, and b) if the Founders included multiple 'buts' in the Amendment explicitly precluding it from being used the way you think it should be used

The founders couldn't have predicted mass surveillance on this scale. Still, they were opposed to general warrants (and that's with a judge actually providing checks and balances), and likely would have taken measures against it had mass surveillance been used against them (assuming they survived). Given that they took action against other injustices that they knew of at the time, any other interpretation seems unreasonable.

So they set up a totally new level of government, specifically giving it the power to create the very first massive database of every American (aka: the Census), while failing to put any particularly meaningful checks on data gathering, and you're 100% positive their response to a massive database of trivial tweets would be to freak the fuck out?

Read the actual Amendment. And don't do that thing Americans always do where they read it specifically to find out everyone who has ever disagreed with you is a fucking moron. There are multiple ways the Founders could find everything the NSA does is perfectly legal.

They could declare it "reasonable." They could say the warrant issued by the FISA Court is fine. They could declaim at length on how the Fourth Amendment does not apply because it is restricted to the President's Law Enforcement powers of Search and Seizure, and a Military Signals Intelligence Agency (the NSA) is authorized under his Commander-in-Chief powers, in which case the problem with the program isn't that it exists, it's that the President is wasting everyone's time by getting it repeatedly authorized (and re-authorized) by the FISA Court.

Note that the absolute best bet is that they'd disagree. The Founders were not supermen with intellects millions of times greater then those of modern men, able to easily interpret the Constitution. They were ideological assholes just like us. The Federalists (like Washington and Adams) would almost certainly claim you were a fool for even bringing up the Fourth, because to them the Commander-in-Chief power was second only to God. Jefferson was not quite that enamored of the Commander-in-Chiefship, so he'd probably agree with you, but on the other hand he could easily agree with the current US Court system and say that warrants issued by the FISA Court are perfectly valid.

Comment Re:Summary is hogwash (Score 1) 271

So the cop says "I knew he was a criminal because I could smell the weed, there was a gun-like bulge in his pants, and he looked at me funny." The wee-dsmelling client goes to fucking jail.

Lawyers obsession technicalities of the legal precedent that never mean anything in the real world would be endearing if they didn't get so self-righteous about said technicalities.

Comment Re:Meh, I can't bring myself to care (Score 1) 271

That's not the kind of thing you say if you're gonna agree to any restriction on freedom.

No, that's just normal human language, where you don't necessarily qualify everything you say, because it's not necessary.

So you are claiming I totally misinterpreted you, and it's all my fault because you are a beacon of clarity in an otherwise unclear world?

Dude, you ain't that good.

In practice nobody agrees on what the damn thing means.

In practice, it's mostly just people ignoring what it says/what it intended for convenience. Example: Authoritarians ignoring the spirit of the fourth amendment (among other things) so they can have their mass surveillance.

It's not really a problem, because they're just as wrong as if they said that 1 + 1 = 3.

So you don't tell us anything about the Fourth Amendment, except that it's anti-authoritarian and anti-mass-surveillance in spirit? Anti-Authoritarianism does not gain credibility from Appeals to Authority.

Has it ever occurred to you that a) you should probably read the Fourth Amendment before making claims about it, and b) if the Founders included multiple 'buts' in the Amendment explicitly precluding it from being used the way you think it should be used, then it follows that you probably don't understand the spirit of the Amendment.

Comment Re:Summary is hogwash (Score 1) 271

Why not?

Under the Constitution states have the power to regulate anything within their borders that isn't expressly forbidden them by one of the Amendments. 10th Amendment. If they choose to ban possession of weed, then possession of weed is a crime, and their police officers are supposed to enforce the law.

I'm not arguing that anti-drug laws are a particularly good idea, but they are legally valid.

Comment Re:Meh, I can't bring myself to care (Score 1) 271

So the early 19th-century Cherokee, with absolutely no government to restrict any of their freedoms, were better off then the Georgians?

Wow, nice straw man. Consider the context of the discussion.

You said "Without freedom, we are nothing, even if we had money. I don't care how 'prosperous' a certain country is; if it's not free, then it's worthless to me."

That's not the kind of thing you say if you're gonna agree to any restriction on freedom.

If you were unclear that's one thing, but the following sentence actually does not clarify things very much:

It's a very tricky balance.

Here's a "balance" for you: The government should follow the constitution. The end.

Great idea in theory.

In practice nobody agrees on what the damn thing means. Seriously, a very large proportion of the US population is absolutely convinced that the government is supposed to be Judeo-Christian despite the a) Establishment clause, b) Free Exercise clause, and c) a near-total lack of the first half of the Judeo-Christian equation from US Government prior to the late 19th century. The Second Amendment inspires passionate debates about whether it creates a right for states to have a militia, a personal right to own firearms for self-defense, which firearms are covered, etc. The Fourth Amendment, which you seem to be advocating for, has at least three buts in it.

Comment Re:Meh, I can't bring myself to care (Score 1) 271

So the early 19th-century Cherokee, with absolutely no government to restrict any of their freedoms, were better off then the Georgians?

If you don't accept that some restrictions on your freedom are necessary for your government to function you;ll end up in the same situation they did: completely at the mercy of another government that does restrict some freedoms. It's a very tricky balance.

Comment Re:Summary is hogwash (Score 1) 271

well... but I doubt it was in the contract that the dealer would share the gps information with whoever.

It doesn't need to be in the contract.

If the police have video of your dumb ass dragging a chick into your car by her hair they can probably don't need a warrant. They only need a warrant for searches a hypothetical "reasonable man" would describe as "unreasonable," and reasonable men tend to frown on dragging chicks around by their hair.

Comment Re:I'm not clear (Score 1) 142

Pricing across continents always gets tricky. The basic problem is that it's really far from where you built all your distribution centers, because it's an island in the middle of the fucking ocean, so shipping is hell. Hawaii is one of the most expensive states to live in mostly because of shipping, and it's closer to a Cali-based warehouse then Adelaide is.

Foreign currency fluctuations are also a huge pain in the ass. In my lifetime, for example, a Canadian dollar has bought between $0.65US and $1.05US. This year the difference between peak and trough is about 5 cents. And it's going down. Which means if you didn't charge Canadians 105% of a reasonable price back at peak (in June, IIRC), then you're gonna have to jack up prices today because you're losing money.

There's also the issue of who actually operates in Australia. If you use your own subsidiary, then your Aussie customers are paying for two CEOs: one down under and the other up-top. If you use a local distributor, then those guys will a) have their own CEO to pay, b) shipping/exchanging currency/etc. also applies to them, and c) know exactly the amount the can force their countrymen to pay.

Comment Re:Overreach... (Score 1) 251

The thing you have to keep in mind is that the Courts try to act more like a computer then a programmer. They look at the law as code they are honor-bound to execute. If the actual programmers (mostly Congress, bu in practical terms the President has a lot of influence on the precise wording that makes it into the law) fuck up and apply their financial services fraud statute to some idiot fisherman who was asked to preserve 72 fish and only showed up at dock with 69, then that's their fault. The Court's role is to simply run the code.

Now if there's some ridiculous fuck-up in the law, then they'll try to fix it; but generally fixing fuck-ups is not the legal system's job. It's Congress's job.

And a 30-day jail sentence is very low on the totem pole of Congressional fuck-ups the Supremes are likely to fix.

Comment Re:If they're going literal.... (Score 5, Insightful) 251

An "outlandish claim" that was proven, beyond a reasonable doubt, in a fair trial. Mostly because the guy who actually threw the fish out of the boat testified that he was ordered to do so by the captain.

Nobody with a brain in their heads is claiming this guy did not deserve to get in trouble for what he did. They're claiming that the government charged him under the wrong statute.

Comment Re:Misleading summary (Score 1) 219

For somebody bringing up Hitler, you sure don't know much about him. His victim list is significantly above 10 million.

And if you're calling it a proposal, your reading comprehension switch is still set to "Libtards Must Be Evil" mode.

I am actually making a freshman-in-college-level point here, so I don't quite blame you for making the 9th Grade assumption that anyone who writes a post saying "you could only solve a problem by doing one of these ridiculous things only a total asshole would support," his argument is that we should immediately do one of those things.

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