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Comment Is this comment some kind of a joke? (Score 5, Insightful) 223

First of all, you can tell a LOT from this particular data point.

That aside, what are you insinuating? That a group widely and routinely chastised as espousing a "liberal" and/or "leftist" agenda by conservatives, opposed the now-cancelled US Reliable Replacement Warhead (RRW) program, and is opposed to nuclear weapons in general, is executing a propaganda campaign to make North Korea look more primitive than it really is when it comes to its rocket programs?

Are you serious?

After a veritable comedy of errors, North Korea finally has a successful launch, can't even get or keep the satellite launched from it into a stable orbit, and now an anti-nuclear advocacy group is really a secret US propaganda campaign to inappropriately embarrass the North Koreans, who are really more advanced in rocketry than all of their misadventures would indicate? The same North Koreans who just announced they have uncovered a unicorn lair?

Really? I mean...really?

Please â" I would love to hear how this is "propaganda", and how the DPRK is really a capable member of the space and nuclear clubs. To what possible end? Even IF it were true, why/how would that be a good thing?

Or is this one of those topsy-turvy bizarro-world lines of reasoning where anything and everything that is in ANY way opposed to anything related to any US or Western interest is automatically true and pure, but anything that originates from the US or West, in any way, shape, or form is always "propaganda"?

Comment Re:"the Native American Minnesotan" (Score 1) 146

Why do we care that she's of tribal descent? Are we now saying tribal American's are exempt from copyright laws? I flatly refuse to redefine native they way the PC crowd does, if you were born in the US you are native. I happen to be of Cherokee linage as well, but that doesn't matter, I'm native because I was born here.

In this case, I personally believe that she was discriminated against by the jury, because she was a Native American. She was tried many many miles from where she lived and worked, and did not have a jury of her peers.

Comment Re:Question for NYCountryLawyer re illegal downloa (Score 2) 146

Was she really convicted of "illegal downloading?"

1. She wasn't "convicted" of anything; this wasn't a criminal case. She was found liable for copyright infringement by making copies through downloading, thus violating the record companies' exclusive reproduction rights.
2. She was also sued for "distributing" and "making available for distributing", but the judge threw out the "making available for distributing" claim, and there was no evidence offered of the "distributing" claim.

So yes, the only thing she was found liable for was downloading.

Comment Re:by my estimation (Score 1) 146

This case is Capitol vs Thomas, not RIAA vs Thomas. Capitol is a music publisher, and this case was about their works.

1. Capitol is but one of the plaintiffs.
2. The RIAA was in fact running the case, with the aid of the record company plaintiffs.
3. Capitol is a record company, not a music publisher.
4. The case was about the recordings of several different companies.

Submission + - Jammie Thomas takes constitutional argument to SCOTUS (blogspot.com)

NewYorkCountryLawyer writes: "Jammie Thomas-Rasset, the Native American Minnesotan found by a jury to have downloaded 24 mp3 files of RIAA singles, has filed a petition for certioriari to the United States Supreme Court, arguing that the award of $220,000 in statutory damages is excessive, in violation of the Due Process Clause. Her petition (PDF) argued that the RIAA's litigation campaign was "extortion, not law", and pointed out that "[a]rbitrary statutory damages made the RIAA’s litigation campaign possible; in turn,that campaign has inspired copycats like the so-called Copyright Enforcement Group; the U.S. Copyright Group, which has already sued more than 20,000 individual movie downloaders; and Righthaven, which sued bloggers. This Court should grant certiorari to review this use of the federal courts as a scourge"."

Comment Remember the trees, indeed (Score 4, Informative) 87

How are you replacing the trees that had to be removed?

The California Science Center Foundation is investing approximately $2 million to replace 400 trees removed along the route with over 1,000 trees. These replacement trees are between 10 and 14 feet in height -- about the same size as most of the trees they will be removing. A minimum of two years of free maintenance will also be provided. Within five years the community along route will have an even greener and more beautiful tree canopy.

NASA

Submission + - Space Shuttle Endeavour's Final Journey

daveschroeder writes: "After over 296 days in space, nearly 123 million miles traveled, Space Shuttle Endeavour (OV-105) is making its final journey — on the streets of Los Angeles. The last Space Shuttle to be built, the contract for Endeavour was awarded on July 31, 1987. Endeavour first launched on May 7, 1992, launched for the last time on May 16, 2011, and landed for the final time on June 1, 2011. Endeavour then took to the skies aboard the Shuttle Carrier Aircraft (SCA), completing the final ferry flight and the final flight of any kind in the Space Shuttle Program era with an aerial grand tour of southern California escorted by two NASA Dryden Flight Research Center F/A-18 aircraft on September 21, 2012. This morning around 1:30AM Pacific Time, Endeavour began another journey, this one on the ground. All Space Shuttles have traveled via road from Air Force Plant 42 in Palmdale, CA, to Edwards Air Force Base, but this time a Space Shuttle is taking to the streets of Los Angeles for the journey from Los Angeles International Airport to its final home at the California Science Center. Getting the shuttle through LA surface streets is a mammoth logistical challenge as it lumbers along at 2 mph to the cheers of onlookers. Watching Endeavour make the journey is a sight to be seen! Thank you, Endeavour!"

Comment Re:Weapons testing by any other name (Score 1) 190

The "you" to which I was referring in my post is the royal or general "you", for what it's worth, not you personally.

I'm also not saying that the only overwhelming deterrent is our nuclear deterrent, but it's part of our deterrent capability.

Things which are simply not covered by test ban treaties are not "getting around" test bans. When you say "getting around", you make it seem as if it is somehow a shameful, underhanded, dirty trick to "get around" a treaty. Is using supercomputers to simulate nuclear detonations also "getting around" test bans? If not, why not? If so -- are you serious? Because that's why the DOE National Laboratories have some of the most powerful supercomputers in the world -- and which can be, and are, used for all other manner of science.

US stockpile stewardship activities do not run counter to the letter, spirit, nor intent of any treaty relevant to nuclear weapons.

I'm also not making a defense of MAD, but can you explain why we should not maintain the integrity of the weapons we do have, while China is arming with nuclear weapons when we are disarming? It's fine to wax philosophic about how there are more than enough nuclear weapons on Earth to destroy it, but the idea isn't to destroy it -- it's to have enough weapons distributed on enough platforms in enough places so that it's clear that even a surprise first strike cannot hope to disable our strategic forces. The best deterrent is one that never needs to be used.

Comment NIF isn't "getting around" anything (Score 5, Informative) 190

NIF has three missions:

- National security (stockpile stewardship
- Basic fusion science
- Understanding the origins of the basic building blocks of the universe

That's it.

I hate to break it you you, but much of what we do in basic science research is dual-use. It can be used for military applications, or purely scientific applications. Doing stockpile stewardship without nuclear tests is not "getting around" nuclear test ban treaties. It's maintaining the integrity of our increasingly smaller nuclear stockpile as a credible deterrent.

This overwhelming deterrent capability is part of the reason why the world has seen no major global conflict for seven decades, and has had the longest period of peace without global conflict for over five centuries. Tens of millions of people died in WWI and WWII.

We maintain a credible deterrent so it's clear that no one can ever strike us first without the certainty of themselves also being destroyed -- and if our principles and ideals and those of our allies are something you care about, then that should be important to you.

The world is changing, and some might say that the general "cyber" and information threats will more important than nuclear. China certainly seems to think so. Then again, China is also building out its nuclear weapons capabilities and stockpiles as the rest of the world, including the US, disarms. No worries, right? Delivery systems that can rain down nuclear warheads on targets anywhere in the world is just for "peaceful regional defense", right?

A world where the US doesn't maintain an overwhelming deterrent to forces which espouse principles and ideals counter to those of freedom and liberal democracy is not a pretty place.

(Note to people who think that the US is what's wrong with the world: you are sorely in need of historical perspective -- or, any perspective. The US is not perfect, but the US and West has done far more for the benefit of human life and humanity, on the whole, than any other nation, especially those with Communist, Socialist, or totalitarian systems of government. Wake up.)

Comment Re:The 60s and 70s? Try modern times. (Score 1) 181

This is incorrect.

The University of Wisconsin-Madison Nuclear Reactor was one of six NRC-designated Research and Test Reactors to use highly-enriched uranium. Wisconsin's was enriched to 70%, and some research reactors use U-235 enriched to 90%.

[...] since 1978, out of concern that the uranium might be turned into bomb fuel, the Department of Energy has spent millions of dollars to develop lower-grade fuel and convert scores of reactors to run on it. As of July 30, according to the Government Accountability Office (formerly the General Accounting Office), 39 of 105 research reactors worldwide had converted or were in the process. But the six campus reactors in this country are not among them.

[...]

Power reactors in this country use uranium fuel in which the proportion of U-235 has been raised to 3 to 5 percent, which is low-enriched fuel. Anything over 20 percent is considered highly enriched. Bombs are generally over 90 percent. Some research reactors run on fuel enriched to over 90 percent; Wisconsin's is 70 percent, and the quantity is probably a little less than is needed for a bomb.

Ref: http://www.nytimes.com/2004/08/15/us/uranium-reactors-on-campus-raise-security-concerns.html?pagewanted=all

Comment The 60s and 70s? Try modern times. (Score 4, Informative) 181

You can still see the characteristic and beautiful Cherenkov radiation at the research reactor at the University of Wisconsin-Madison. I've seen it a number of times.

Up until recently, it contained 1400 pounds of highly-enriched (weapons grade) U-235 in 58-pound bundles. It is in a building across from a 7-level parking ramp and an 80,000-person football stadium.

There are a number of such "Research and Test Reactors" around the US.

A 2005 ABC News report found:

- "No guards. No metal detectors. Bags were brought into the reactor room. Doors to the building are open during the day, and no IDs are required for entry."

- "The building was undergoing major renovation, and construction workers, large trucks and building materials surrounded the rear exterior."

- "The university Web site includes a 'virtual tour' and detailed photos, descriptions and diagrams of the reactor, the fuel elements and the control room. The reactor manager informed the Fellows that tours had to be scheduled three weeks in advance and that a locked door with a window view of the reactor was the closest they could get. But a friendly professor told the Fellows about a basement entry to the reactor room, where a reactor operator opened the door and let the Fellows photograph the reactor from the doorway. Two other operators allowed the Fellows to come inside carrying their tote bags, and briefly take photographs about 15 feet from the reactor's base. No campus security ever approached the Fellows."

An 2004 New York Times report found:

- "[UWNR's] fuel is weapons-grade uranium. If it were stolen, experts say, it could give terrorists or criminals a major head start on an atomic bomb."

- "[...] out of concern that the uranium might be turned into bomb fuel, the Department of Energy has spent millions of dollars to develop lower-grade fuel and convert scores of reactors to run on it. [...] But the six campus reactors in this country are not among them."

- "Campus reactors have far less security than places where the government keeps bomb-grade uranium, and they may have foreign students of unknown political sympathies."

- "[...] the fuel now in the campus reactors is dangerously radioactive, making it hard to handle. [...] however, that highly enriched uranium was an easier fuel from which to build a bomb than is plutonium."

- "The reactor operators are paid $10.50 an hour. They recently got a raise to that level [...] because someone discovered that campus file clerks were paid more than the reactor operators.

- "[...] the current fuel load will last about 108 years at current rates of use."

"The truck is the real threat. You want to make sure the truck stays away 250 feet minimum." - Ronald Timm, Former Department of Energy security analyst

Here, the primary entrance to a major parking ramp is about 50 feet away.

Also, it's not like it's really a mystery what he saw at BNL. There have only been so many reactors there in the last 60 years. It's odd, beautiful, and I suppose comparatively rare for a person to see, but it's not a big deal.

Comment Re:That's one problem with cyber (Score 1) 212

A couple of things:

1. I thought your Google manifesto was very good (I know it's a work in progress).
2. I think you're reading WAY too much into certain things.

There is no grand conspiracy at play to "prevent people from running their own servers". There are many normal things on even client systems that can be described as a "server" such that the distinction is almost meaningless. Yes, there are plenty of traditional "server" and cloud services which many people use. The reason that Google has such language in the TOS isn't to do things like break the fundamental promise of the Internet or to enable government surveillance; it's because Google doesn't want people running businesses on 100 Mbps connections out of their homes. The promise of Google Fiber is predicated on the assumption that it's going to be consumer-type use; consumption, educational use, interaction with content, etc.

We all might be able to say that no one can predict what kinds of legitimate, high-bandwidth outbound services someone might be able to dream up from a home setting; Google is saying, "Don't set up the next slashdot or a cloud virtualization business from your house." The net neutrality argument is interesting, and I have to say I agree with the essence of everything you wrote on that subject.

Back to the other issues. I'm a little disappointed you called so many of my responses straw men; they're not in any respect.

I have not seen any serious calls for "backdoors" in secure protocols. You're completely misunderstanding what even the FBI wants: you're imagining a scenario where "the Man" has a secret backdoor to any running system, encryption, or secure protocol, anywhere. That is not only false, it actually would be gravely detrimental to our own security: we -- individuals, the civilian sector, the government, the military -- rely on the security of these protocols. It's similar to the belief among some that NSA has a "secret backdoor" in AES, even though AES is well-understood, and we use various levels of AES to protect everything up to the most sensitive classified information. If AES has a backdoor -- ANY backdoor -- it is useless to us.

What the FBI "wants" is the ability to lawfully wiretap communications that occur on the internet just as easily as it's been able to with, e.g., something like landline telephones. Telephone companies have implemented equipment and procedures which let law enforcement say, "We have a warrant, and we need to tap phone number XXX-XXX-XXXX in realtime," and the telecom operator needs to provide that capability in a timely fashion. Not a log of past activity, not days or weeks later -- realtime. This is a long-established practice.

The proposed CALEA modifications are intended to extend that capability to major internet communications providers. The Yahoos, the GMails, the Facebooks. So that instead of phone number XXX-XX-XXXX, a law enforcement entity has a clearly established procedure for obtaining a realtime "tap", as it were, on a person's private Twitter activity, Facebook activity, Yahoo email account, or similar. Again, this is using the same standards for probable cause and warrants which have been applied to communications for decades.

This doesn't mean "the FBI" wants a "backdoor" in ssh, ssl, or any other protocol. It's not even a "backdoor". If anything, it is a FRONT door: a formal set of procedures, and the systems and processes in place at internet and communications providers to handle it, which allows for the same kind of lawful "taps" on internet/digital communications.

So, what's "lawful"?

Why should law enforcement not have a capability to intercept communications with a warrant? Why is "the Internet" different? Because it's not just a thing, but also an idea which allows the free global exchange of ideas? Sure, but why does the body of law on our own society not apply to "the Internet"? Why should the FBI or any other law enforcement entity with a properly-obtained warrant not be able to have a mechanism to tap a person's communications in the same way they have been able to tap POTS phones? That's the crux of the issue. The fact is that the law already supports the interception of ANY communications with a warrant; the purpose of any enhancements to CALEA would be to make it actually happen in a useful and timely fashion.

Now, you can make it political if you must, but this is really mundane communications search and seizure activity, and as long as it happens within the letter and spirit of BOTH the Constitution and the law, there is absolutely no reason why digital communications are afforded any special status.

Now, YOU, as a person, may choose to use encryption. That is your choice. You may choose to use Tor, you may choose to use other methods to hide or obfuscate your communications. You may choose to communicate with anyone in the world. That's the beauty of this thing we've all built. But we still have our own social contract, our own body of laws, responsibilities which temper our rights.

You know, why don't you just email Vint Cerf and see what he thinks about the core of your net neutrality question wrt Google Fiber? He just might respond.

Comment Re:That's one problem with cyber (Score 1) 212

The answer is simple: in our country and system of government, the military fundamentally, and as a matter of law, answers to civilian authorities.

The military doesn't need to have day-to-day "control", but we need to have the capability, when attacked militarily, to defend ourselves militarily -- including in the "cyber" realm.

The mistake people make is believing it's a binary either/or; either civilian or military. The fact is that our information capabilities are so critical that they need appropriate levels of protection. The notion that civil authorities can defend systems from a cyber attack is a fine notion, but not realistic if we are under a coordinated cyber attack from a nation-state explicit seeking to cripple us. If a foreign military is bombing civilian targets within our own borders, is not the purpose of our military to protect us? Sure, civil first responders will be involved, too, but I think most would expect a military response. We as a nation are so used to the military being something we use in foreign lands and faraway places that the concept of our military being here to defend ourselves at home is a concept that is, well -- foreign.

There can certainly be (and already are) public-private partnerships, civilian-military cooperation, etc. This also doesn't mean that secure systems and protocols should be "backdoored" for the government, but it might mean having some combination of infrastructure, equipment, accesses, standards, partnerships, rules, and similar in place at civilian facilities.

I think the problem people have is that we can see planes, tanks, and soldiers -- we are worried we can't "see" what "the government" is doing, as is the case in the digital realm. But what we can "see" is the law and a robust system of oversight. Yes, history tells us that there have been abuses. There no doubt will be again. It is a system made up of humans and all of their requisite imperfections.

But we shouldn't throw the baby out with the bathwater -- just because we know we can't do something perfectly doesn't mean we shouldn't do it. Does the benefit outweigh the risks? Some believe that giving any military or intelligence service ANY control over defense of systems and networks represents too big a risk -- I would ask those people to get a broader perspective.

Hope this answers at least part of your question; this is just my own view.

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