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Comment Other countries would do the same (Score 3, Insightful) 248

I hate to be *that guy*, but everyone needs to understand two significant points:

1. After a couple month of watching the PRISM scandal unforld I now believe this is a "Hiroshima moment". Never before in human history was it possible to spy on everyone. To have a file on everyone. The secret services (the bad as well as the good) always had to focus on a select few. No more. We are living in 1984.

2. I firmly believe the main reason why other spy agencies are not doing what the NSA is doing is because of their limited capabilities. Both in less money and resources, but also in reach. Google, Facebook, Apple and Microsoft are US based. Many important internet exchanges as well. This point is especially important, because of the US tradition of transparency and whistleblowing. As American as the NSA may be, Snowden is even more so. I can't imagine a Chinese Snowden. And even if he existed, would they have a broad discussion on that subject in China? How about Russia? Or even the UK? GHCQ has been as bad as the NSA, yet do we see a broad and honest discussion about it in London?

I hate the constant and ubiquitous surveillance, but the technology advances were the ones that brought them here. The NSA were only the first and foremost ones that took advantage of the new tools. They become cheap fast. Soon every spy agency will have them. This is a very useful and helpful discussion we are having right now. Because we either need to encrypt everything and move everyone onto Tor, or get used to having a file on everyone. There is no "gentlemen's agreement" (no-spy-agreement, UN accord, whatever), because there is no way to enforce it.

Comment Re:Seems like a small sample (Score 5, Insightful) 56

The Elmegreens examined 269 spirals in the Hubble Ultra Deep Field and discarded all but 41 because of factors such as an inability to discern a clear spiral structure or the lack of redshift data which gives a galaxyâ(TM)s age.

They divided these 41 spiral galaxies into five different types, based on features such as the number and clarity of arms, whether well-defined or clumpy and so on.

It sounds like they only found a few of each type, seems more like a good hypothesis than "the answer". It also makes you wonder if they cherry picked some of their data.

Imagine that you're attempting to determine when spiral structure typically arose.

1. You throw out all non-spirals: not relevant.
2. You throw out proto-spirals where there's mushy arm-sh structures: potential bias, yes but
2a. You also throw out other spirals where you cannot objectively classify them as grand (2) or multi-armed (>2) spirals or... to one of the five types -- not an inherent time bias.
3. You throw out all data where you have no redshift to determine age: potential bias, yes but
3a You're attempting to determine a relationship with age. If you have no age data, how is that cherry picking?

There is a difference between objectively screening data based on logical considerations and cherry picking. Cherry picking typically involves biased selections or the use of supposedly objective selection criteria to obtain a directed result. I say supposedly because the true objectivity depends upon how the selection criteria actually relate to the hypothesis or analytical method.

As for the rest, I don't see how the paper claims to have "the answer." You're also incorrect that it's a good hypothesis -- the hypothesis is what you test against the data, not the conclusion that your observations are consistent with the hypothesis. They have a decent conclusion of consistency. Now they could use independent confimation, hopefully with a larger population of samples.

Comment Re:The poor will always be with us (Score 1) 137

Yes it does.

Collins English Dictionary
beg the question
      a. to evade the issue
      b. to assume the thing under examination as proved
      c. to suggest that a question needs to be asked the firm's success begs the question: why aren't more companies doing the same?

Webster's College Dictionary
Idioms:
1. beg the question,
      a. to assume the truth of the very point raised in a question.
      b. to evade the issue.
      c. to raise the question; inspire one to ask.

The English language is a living language where meaning is defined by its general users, not solely by logicians. You've already lost. Deal with it.

Comment Re:Laws alone don't prevent arrest (Score 1) 598

Conspiracy theory is the exact word that is used to draw attention away from abuses of power.

As well as to label explanations that require systemic nullification of the law, and broad membership in the conspiracy, to support unfalsifiable theories concerning horrible persecutions of unspecified others.

In the end, the IRS found no wrongdoing, Dr. Carson said, but it raised his suspicions about being singled out for his speech.

Very scary. An audit. One that found there was no wrongdoing. I believed you claimed there would be an arrest involved.

You could be arrested for the same activity in the US under the 18 USC 245...

Yep. You did.

Since you've effectively conceded that US laws on free speech are far better than the ones in the UK, and require conspiracies to circumvent them, the original point that you criticized has been proven. Thank you.

Comment Re:Laws alone don't prevent arrest (Score 1) 598

(b) Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with ....

(2) any person because of his race, color, religion or national origin and because he is or has beenâ"

(F) enjoying the goods, services, facilities, privileges, advantages, or accommodations of any inn, hotel, motel, [...] , or of any motion picture house, theater, concert hall, sports arena, stadium, or any other place of exhibition or entertainment which serves the public, or of any other establishment which serves the public and ....

shall be fined under this title, or imprisoned not more than one year, or both

Such an arrest would still be possible only if you were to ignore several inconvenient words in the statute (I can bold selected words in a statute as easily as you). Those tweets were neither force nor a threat of force. Case dismissed.

False equivalency is not equivaleny. Regardless of your other appeals to unlawful arrests, conspiracies involving the IRS, and other extra-judical punishment in your other posts, the systems are not the same. The law does not authorize such an arrest, there are organizations such as the ACLU which will defend anyone prosecuted in such circumstances, and there are other US laws which make those very extrajudicial acts -- the ones you claim make the US the same as the UK -- punishable civil rights violations.

The US has much stronger free speech protections. Full stop.

Comment Re:Frustrating... (Score 1) 50

Oh really?

Collins English Dictionary
beg the question
  a. to evade the issue
  b. to assume the thing under examination as proved
  c. to suggest that a question needs to be asked the firm's success begs the question: why aren't more companies doing the same?

Webster's College Dictionary
Idioms:
1. beg the question,
  a. to assume the truth of the very point raised in a question.
  b. to evade the issue.
  c. to raise the question; inspire one to ask.

Some random luddite who believes that English should be proscriptive like French:
*sigh*

Comment Re:Very interesting implication (Score 1) 462

You obviously have never spent any time in jail....

You obviously have never experienced actual trauma. Grow a pair.

and really obviously have never been in a non-US jail.

Please provide an example of an international arrest warrant springing out of a finding of civil contempt.

And you've never followed an international extradition proceeding either, have you?

You've apparently never followed a proceeding in which extradition was waived because the person wanted to be delievered to the court. The premise is that the person is precluded from flying back, not that they are trying to avoid answering the subpoena.

Your "remarkably quick" proceeding rarely happens in less then two weeks...

Two days is more like it.

and if the arresting country has any issue at all with any recent US policy it can be stretched out for months.

You obviously have never attempted to serve a US subpoena internationally. Nevermind providing an example of an international arrest warrant for failing to answer a subpoena, or providing an example of a country refusing to 'extradite' a person who actually wants to respond to the subpoena. You should recall that the person is being prevented from attending by being on the 'no fly list,' not actively seeking to avoid the subpoena. Frankly, I don't care about jail, extradition, or issues with US policy. I buy ferry, bus, and/or train tickets, since those modes of transportation are covered by the list. A perfectly overcomplicated scheme to jail someone thwarted by Gre.yhound and Amtrak. Drat. Back to the drawing board.

Comment Lawyers using wrong approach (Score 3, Insightful) 198

Application Programming Interfaces are like forms - you fill one out and hand it to something to get work done. Then someone hands you back a response. If the Java APIs can be copyrighted then so can the layout of forms. Except US law says forms cannot be copyright (says Wikipedia):

37 Code of Federal Regulations  202.1(c) (2006) ("Blank forms, such as time cards, graph paper, account books, diaries, bank checks, scorecards, address books, report forms, order forms and the like, which are designed for recording information and do not in themselves convey information [are not subject to copyright]"); see also Baker v. Selden, 101 U.S. 99 (1880).

This is just another example of adding "on a computer" and claiming it is something new.

Regards,
-Jeremy

Comment Re:If they get this reversed, it will shut them do (Score 2) 198

This is not arguing that the language is copyright, but the standard library API. Thankfully the C standard library API is an ISO/IEEE standard, and so is C++, but many, many other libraries are not. Be prepared to have lots of old, failing tech companies come out of the woodwork looking for money... For example, XMLHttpRequest(): is it properly standardized? Not really. Could Microsoft sue? Why do you think they are supporting Oracle... Is it critical to the Web? Yes.

Regards,
    -Jeremy

Comment Re:Very interesting implication (Score 2, Insightful) 462

Imagine this sequence of events:
1. A perfectly legal subpoena is issued for someone to appear as a witness, while they're a plane's flight away from home.
2. Put witness on no-fly list.
3. Cite witness for contempt of court for failing to appear.

Yeah. No.

For example: Federal Rule of Civil Procedure 45(b) requires that you serve the person with the subpoena. If you wait until they're away from home, you're going to have a much harder time finding them. Not a complete barrier to the scheme, but ask your lawyer friends how much fun it is to track down someone who cannot be found at their nominal residence or place of business. They will have stories. They will not be fun stories.

Also, Federal Rule of Civil Procedure 45(d)(1) provides that:

A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The court for the district where compliance is required must enforce this duty and impose an appropriate sanctionâ"which may include lost earnings and reasonable attorney's feesâ"on a party or attorney who fails to comply.

That rule doesn't appear to apply here because I understand that this was a party witness, not an opposition or hostile witness who you'd compel to attend using a subpoena. Instead, Judge Alsop is likely to cite "the inherent authority of the Court" (to conduct proceedings and sanction parties who unreasonably interfere with those proceedings). But if you're the government, or a party that fraudulently causes the government to put someone on the no-fly list, that Rule would apply to shennanigans involving any witness that you were compelling to attend.

Boom, you now have a tool for the intelligence community, with the help of a friendly (or blackmailed) judge to put anyone away they like, for any reason they like, at least for a little while.

No. Because contempt of court typically requires an intentional act, and typically is used as a threat by that judge to gain compliance. If you were to show up ready to testify, you very likely would not be jailed for contempt merely due to the fact that you've voluntarily showed up. If you can also show that you were actively impeded from showing up, you almost certainly would not be jailed for contempt.

At worst, you could be arrested where you were stuck, temporarily jailed, and extradited to the state/court that issued the subpoena. Slightly traumatic, but remarkably quick if you don't oppose the proceedings. Better yet, the authorities attempting to extradite you will rather quickly find out that you are on the no-fly list. Unless they're part of the 'grand conspiracy' too, that tends to work against the scheme.

Of course once you start theorizing as to "friendly (or blackmailed) judge[s]," you can come up with all sorts of whacky crap. Like a Federal judge ignoring the typical requirement that a subpoena cannot demand attendance in less some number of days (related to Rule 45(d) -- try to issue a subpoena requiring attendance the next day and see how enforcable that will be) and the laws of physics somehow preventing you from getting a train ticket, bus ticket, or rental car allowing you to return home within the typical required 'waiting period.'

Too much Hollywood. Not enough real life. Courts tend to work slowly and methodically. Judges tend not to throw away their careers on petty crap, and with the exception of a very few (Supreme Court types) remain answerable to a host of other judges. Actual long-term jailing for contempt is relatively rare and exceptional. You would do well to focus your conern on your local LEOs and prosecutors, who really can screw up your life with very little cause.

Comment Re:Interesting (Score 3) 378

I have two young children. With delivery trucks, I have a certain amount of security. I can make rules like: "no playing in the street, only in the yard". I can feel reasonably confident that the chain of events that would result in a delivery truck or generally any vehicle ending up in my yard on my sleepy little street when my kids are playing are extremely unlikely.

(flying) Drones inspire much less confidence. They are far more susceptible to nature. There would be huge cost and time incentives to have them do direct line-of-sight flyovers to their destinations. Even if the plan initially wasn't to do this, it'd be pitting public safety vs corporate cost savings. Which one do you think would eventually win? I'd have little confidence that my yard or any outdoor space potentially could be a crash site. instead of worrying about danger on a 2D plane, there would now be a full half sphere to worry about.

I want to make it clear that I'm not totally against drones for delivery or other uses as there are real cost savings and benefits to society, but there are huge downsides that need to be taken into consideration too. I don't think we are ready just yet.

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