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Comment Re:You will have to know tech either way (Score 1) 592

If you do something stupid then piercing the S-Corp layer isn't that hard. At the end of the day you are really a sole proprietor, and having paid a few hundred bucks to file some paperwork isn't going to work any magic in court.

Not remotely true. If you keep your paperwork in order (not just upfront, but ongoing) piercing the veil is nearly impossible. The upfront paperwork takes a few yours, after that you're looking at one or two hours per year.

This would work if the owner of the S-Corp was someone else. As the sole owner of the S-Corp and the only person who does any work for the S-Corp then you are deemed to be an "active" owner. You owe SS and Medicare on all of the income, including the pass through income. You may not report the income this way, but you should be. I'm guessing you haven't been audited yet.

The IRS allows you to pay distributions to shareholders that are above "reasonable" compensation for the work done. They haven't yet defined "reasonable," although there's never been a case where employee/shareholders have been prosecuted if they are paying a fair amount of tax. Google John Edwards and Payroll Tax for more information.

As an S-Corp owner I legally reduce my tax burden by thousands of dollars while shielding my personal assets from lawsuits. Yes I need to file an additional return and do some additional paperwork, but the benefits far outweigh the costs.

Comment Re:Not necessarily true. (Score 1) 767

The charge is that the contests of the hard drive are illegal. That's not just "evidence", that's the entire crux of the case. The question at hand is, "are the contents of this drive illegal?" If the prosecution can't prove that it is, that's their tough luck. If they can't view the contents of the drive then what the hell business do they have prosecuting this guy? Their inability to break encryptioon isn't the defendent's fault or problem. The state wants to prove that the guy did something wrong? Okay, let's see the proof. You have the guy's laptop, let's see why you think he's doing something illegal.

The prosecution could move forward with the case without the decrypted documents, presenting the sworn testimony of the ICE agent, but they're within their rights not to. They've decided that they need to examine the contents of the drive, shown probable cause to a judge (based on the testimony of the ICE agent), and gotten a warrant. The judge compelled the defendant to supply the documents pursuant to the warrant. He's not complying, therefore he's in contempt of a court order.

The defendant could easily claim to have forgotten the password, and the case would move forward without the evidence (although that's clearly not the prosecution's preferred outcome), but the judge would then instruct the jury about the defendant's claim, and let them weigh that against the ICE agent's sworn testimony. That doesn't look like a good option for the defense, so they're trying this first.

In any case, the 5th amendment doesn't protect defendants from handing over incriminating evidence, only from making self-incriminating statements to the government.

As many others pointed out, had the defendant not shown the documents to the ICE officer, the prosecution would not have probable cause to search the drive, a warrant would not have been issue, and we'd all be wasting our time discussing something else on slashdot right now.

Comment Re:One word: (Score 1) 767

The guy hasn't claimed he forgot the password. If he did that, the case would move forward without it, and the judge would instruct the jury that the defendant claims to have forgotten a password to documents that a sworn officer testified under oath were child porn.

That doesn't sound so good.

So the defense is trying this first. If it doesn't pan out (and it won't, because the 5th amendment doesn't apply to a subpoena for evidence), then they can try the "I forgot" defense at trial.

Comment Re:Wow... (Score 1) 767

Wow. You must live in a country where everyone is perfectly moral (by everyone else on the planet's standards) and nobody has ever committed a crime. Where is this wondrous place? Cause last time I checked pretty much every country has citizens who have done much worse than what you describe.

Comment Re:Not necessarily true. (Score 1) 767

The courts pretty routinely take one person's word over another's, if that one person is a sworn peace officer.

Second, even if the courts doubt the peace officer's word (or the defense wants to refute it) there's a fairly straightforward way to handle that: compel the guy to cough up the documents. The password itself is not incriminating, therefore it's not protected by the 5th. Even still, the court is not demanding the password, just the unencrypted contents of the drive. Again, they have probable cause (the ICE officer's sworn testimony).

Last, the contents of the hard drive is not self-incrimination (though it may be incriminating). It's evidence. Evidence is not protected by the 5th. This guy is withholding evidence that the prosecution wishes to present at trial to make its case. The judge has ruled that the evidence is material to the case, and that a warrant has been issued for it. The defendant is refusing to comply with the warrant. That's all this case is about: there's no 5th amendment element to it.

Comment Re:Initial cooperation (Score 1) 767

Miranda doesn't kick in until you've been arrested and questioned by an officer. He wasn't under arrest, thus the officers didn't need to Mirandize him. Hell, this guy wasn't even a suspect at this point. Just a perv who probably forgot his unencrypted kiddie porn drive was mounted when he handed it to the officer.

He's off to prison for a long time, whether he gives up the keys (conviction) or not (contempt). I have no issue with that.

Comment Re:No legislation required.... (Score 1) 363

This could cost consumers literally incalculable amounts of synergy and innovation.

Just because the amount of "synergy and innovation" is incalculable, that doesn't mean it's very much. Of whatever "synergy and innovation" is.

Why won't the government just let capitalism work?

Hear, hear! Just look what deregulated capitalism has done for the financial markets!

Comment Re:Geek (Score 1) 225

There used to be a GUI app which sort of helped you mount SSHFS volumes, but it was very unsupported and I could never get it to work at all.

I built sshfs for MacFUSE 1, and the binaries still work under MacFuse 2, which is handy. However, it was an PITA to build, as MacFuse had to generate the makefiles for sshfs, gettext, et al. If you followed the directions it did work, but it took a long time to get running.

A GUI sshfs that was supported and worked would be a great addition. A protocol helper would be even better, so that I could tell somebody to hit command K from the Finder, enter "sshfs:user@host:/path" and hit return and have the volume show up on their desktop.

Sadly I don't have the time to put it together.

Announcements

Submission + - SDF Public Access UNIX System Celebrates 20 Years (lonestar.org)

Stephen Jones writes: "The SDF Public Access UNIX System Celebrates 20 Years!
http://sdf.lonestar.org/

It was on June 16th, 1987 that the SDF-1 received its first caller at
300bps. This little Apple ][e BBS of the late 80s turned into a Public
Access UNIX System with the demise of "killer.dallas.tx.us" during the
"Operation Sundevil" raids. Since then it has grown to become the oldest
and largest continually operating PUBNIX on the planet."

Unix

Submission + - SDF Public Access Unix System Turns 20 (lonestar.org)

Eileen writes: Remember those days when you could get a free Unix shell account and learn all about the command line? You still can at the Super Dimension Fortress (SDF). SDF is celebrating its 20th birthday on June 16.

Full press release text:
The SDF Public Access UNIX System Celebrates 20 Years!
http://sdf.lonestar.org


It was on June 16th, 1987 that the SDF-1 received its first caller at 300bps. This little Apple ][e BBS of the late 80s turned into a Public Access UNIX System with the demise of "killer.dallas.tx.us" during the "Operation Sundevil" raids. Since then it has grown to become the oldest and largest continually operating PUBNIX on the planet.

Over the years SDF has been a home to 2+ million people from all over the world and has been supported by donations and membership dues. SDFers pride themselves on the fact that theirs is one of the last bastions of "the real INTERNET", out of the reach and scope of the commercialism and advertising of the DOT COM entities. It is a proponent of SMTP greylisting as opposed to content filtering and offers that as an option to its members.

While access to basic services are free to everyone, lifetime membership can be obtained for a mere onetime donation of $36. And it is the members who decide which programs and features are available. The members communicate via a web free, google inaccessible, text bulletin board ('bboard') as well as an interactive chat ('com') where users battle each other in the integrated netris matches. The interface of these programs harks back to the days when TOPS-20 CMD J-SYS ruled the ARPANET.

SDF has also become home to well known hackers such as Bill Gosper, Tom Ellard (Severed Heads), Geoff Goodfellow, Carolyn Meinel and Ezra Buchla, son of the father of the Synthesizer. From this pool of talent you might expect more than just computing, and you'd be correct. An annual music compilation is published featuring original music ranging from electronic noise to improvised piano sonatinas. Gosper's puzzles which he has cut at his favorite laser shop are frequently given away as membership perks or through fundraising raffles.

There are always classes being taught on SDF as well, where instructors and students enjoy free access to the latest teaching and programming tools. Instructors manage their own classes in such a way as not to be encumbered by their own school's outdated utilities or computer security restrictions, which can hamper the learning process.

And where else would you expect to be able to locally dialup at 1200bps from just about anywhere in the USA and Canada with a Commodore 64 and get a login prompt? SDF! As well as direct login, SDF offers PPP and PPPoE via analogue dialup (1200bps — 56kbps), ISDN and DSL. Members also have access to the SDF VPN (Virtual Private Network) and Dynamic Domain Name Service.

One of the many interesting and esoteric aspects of life on the SDF-1 is GOPHER. All users have access to their own GOPHER space and a number of them continue to find it a useful way to share text and data. And if you don't want to relive that past, SDF's 'motd.org' project offers a collaboration amongst members to share source and security tweaks for the latest wikis, web forums, photo galleries and blogs.

SDF runs NetBSD on a cluster of 12 DEC alphas with 3 BGP'ed T1s linking it to the INTERNET. It is an annual supporter of the NetBSD foundation and the Computer History Museum (CA). One of its original incarnations, an AT&T 3B2/500, is displayed annually at the Vintage Computer Festival.

Unix

Submission + - SDF Public Access UNIX turns 20!

An anonymous reader writes: It was on June 16th, 1987 that the SDF-1 received its first caller at 300bps. This little Apple ][e BBS of the late 80s turned into a Public Access UNIX System with the demise of "killer.dallas.tx.us" during the "Operation Sundevil" raids. Since then it has grown to become the oldest and largest continually operating PUBNIX on the planet.

Over the years SDF has been a home to 2+ million people from all over the world and has been supported by donations and membership dues. SDFers pride themselves on the fact that theirs is one of the last bastions of "the real INTERNET", out of the reach and scope of the commercialism and advertising of the DOT COM entities.

for more....http://sdf.lonestar.org/news/
Networking

Submission + - Happy 20th SDF (freeshell.org)

m0smithslash writes: "Where were you in 1987? 1987 was the year that Oscar Arias Sanchez won the Nobel peace prize, Supernova 1987A is observed (the first "naked-eye" supernova since 1604), the Unabomber, N.Y. Giants defeat the Denver Broncos, 39- 20, in Super Bowl XXI, and the The Legend of Zelda released for the NES in North America. June 16th, 1987 marked the day that the SDF-1 received its first caller at 300bps. From the press release:

This little Apple ][e BBS of the late 80s turned into a Public Access UNIX System with the demise of "killer.dallas.tx.us" during the "Operation Sundevil" raids. Since then it has grown to become the oldest and largest continually operating PUBNIX on the planet.
For crying out loud, all users have access to their own GOPHER space as well as more modern technologies like blogs, wikis and so forth. What more could you want?"

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