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Comment: EAS has got to get with the times... (Score 2) 104

by ChePibe (#35764288) Attached to: US May Issue Terror Alerts On Facebook, Twitter

I realize the issue here is alerts regarding terrorism, but the broader issue is the Emergency Alert System.

If a message ever did go out on the EAS as it stands today, I'd probably never know about it. I don't have cable TV and very rarely watch any TV over the air (thank you, Netflix, Hulu Plus, and Amazon video). I don't listen to the radio unless I happen to be in the car and without my iPod. I spend far more time on Facebook on any given day than I do plugged into any medium which uses the EAS - and I really don't spend much time at all on Facebook. Reverse 911 is a step in the right direction but I frequently leave my phone on vibrate or silent in the evenings.

While there are certainly opportunities for abuse, this is a step in the right direction. But a fairly small one.

Comment: Not necessarily for military use (Score 1) 51

by ChePibe (#32937452) Attached to: Zephyr Solar Plane Tops 7 Days Aloft

Loitering aircraft like this can have a lot of uses. A close cousin of my wife did a great deal of his graduate work on the use of unmanned aircraft for the purpose of fire spotting. The idea was to keep a small fleet of cheap, low maintenance, long-life aircraft over areas that experienced frequent forest fires in the summer months. The quicker you spot the blaze, the easier it is to fix, and a few cheap UAVs outfitted with sensors (the version they were working on actually didn't require any human interaction) is a lot cheaper and potentially more effective than manning ranger stations.

Comment: Other Security Tips (Score 2, Informative) 312

by ChePibe (#30267310) Attached to: Network Security While Traveling?

I've lived (not backpacked, lived) in South America for about two and a half years - the slums on the outskirts of Buenos Aires for two years, a couple of months in Lima and three months in a nice spot in Santiago.

The IT issues have been covered well enough. Here are a few additional ideas:

- Ditch the nice, expensive backpack and luggage. Go to the Army surplus store and buy your luggage there. Or something like this for walking around and day to day use. Avoid military emblems, but definitely go for that "beat to hell" look. Big expensive North Face bags draw the eyes of thieves. Dusty old rucksacks don't. The same goes for looking like a walking, talking North Face commercial with your clothing.
- Learn the language. Spanish and Portuguese are the obvious two. Know the basics, and be sure you can ask directions.
- Check visa requirements for each country and register with the State Department to receive travel and security updates on each country. These are immensely useful for avoiding difficult situations.
- Understand what the embassy can do for you. If you get arrested, mugged, or run into most problems overseas, the answer is "not much".
- Be VERY careful with taxis. "Express" kidnappings are quite common through most of South America - haggle for taxis and always, always use a service if you can, just to be on the safe side. Most major shopping centers and many big commercial bus stops have their own services. They cost about double what others charge, but it's worth it to avoid getting robbed.
- Ignore touts and always make your lodging arrangements in advance.
- Keep your eyes open and, if you can, travel in a group.

Have a lot of fun and do me a favor - walk down 9 de Julio while eating a good Havana alfajor ;-)

Comment: Dissenting (Score 2, Interesting) 570

by ChePibe (#30153340) Attached to: US Government Using PS3s To Break Encryption

Aside from the fact that adequate grounds exist for military jurisdiction based on the Pentagon portion of the attack - and the fact that the act KSM is most likely to be charged with conspiracy, which certainly occurred outside of the U.S. - the analysis is far more complex if one has a basic understanding of criminal procedure. The very high standard of proof required to convict in a criminal court, and the complexity of the rules of evidence - particularly when considering the difficulty of trying a conspiracy charge. Hell, as a law student, I spent untold hours just looking at hearsay and its numerous exceptions. Not to mention the issue of evidence extracted during and after water boarding sessions and other interrogation

I obviously haven't seen the prosecution's evidence in full, but if this were a more traditional criminal charge, I'd wager that they would have one hell of a tough row to hoe. Keep in mind that, if the law is applied as it should be, a jury may only consider evidence that has been admitted before the Court. If vital bits of evidence are excluded--a scenario that is certainly feasible--can the prosecutors successfully prove the elements of the crime KSM is charged with? If not, in a real trial, he would have to be let free.

Of course, this isn't going to be a real trial.

Assume that KSM is acquitted. There is obviously no chance he'll ever be released, nor could he be released onto U.S. territory at all, of course, under the Immigration and Naturalization Act. A real criminal trial would carry with it the vagaries and risks associated with any criminal trial, no matter how "air tight" a case is (e.g., O.J. Simpson), and the possibility of an acquittal and release.

I fear what we have here with the upcoming KSM trial is more of a show trial. The conviction, execution, and virtually pre-determined, or at least that is how Obama is treating it in statements to the press (as a lawyer and former law professor, he should know better, as he acknowledged with his subsequent ass covering).

Aside from some of the more obvious questions (Why a criminal trial for only this handful? Why are military tribunals "good enough" for the rest? Why has Obama shifted support from the military tribunals he once supported specifically for KSM to the civilian courts? How will classified evidence be handled? Will KSM truly be given full access to all the evidence against him, including names of informants?) are the more larger concerns. Why a show trial for this person? Why now? Will show trials become the norm for the particularly loathsome among us? For those it is more politically convenient for the president to try via show trial? Is this the direction we would like to go in?

If this were to be a real trial, it would be a demonstration of the Obama administration's willingness to take unacceptable risks on national security, particularly since a much friendlier venue is allowed under law and some of the trickier, thornier aspects of the law can be avoided. Instead, it may prove to be a perversion of the criminal justice system, which has rules that are much better established and protect every single American citizen. Why open the door to show trials?

Comment: You do realize... (Score 5, Informative) 128

by ChePibe (#29398299) Attached to: A History of Wiretapping

Only at Slashdot would parent be marked "insightful".

You do realize, of course, that there are a wide variety of situations wherein a LEO is allowed by the law to enter a home without a warrant, I assume.

Probable cause, for one. If the police follow a person fleeing a crime into a residence - or virtually anywhere else, for that matter - they're acting well within their rights and duties and no warrant is needed.

An Arrest Warrant - No search warrant is needed if officers have an arrest warrant and the reasonable belief that the fugitive is inside. Even if they find evidence for crimes unrelated to the search warrant, the evidence is still admissible. See e.g. Gaskins v. U.S., 218 F.2d 47

Consent is another. If the homeowner has provided their consent, then the Police are well within their rights and duties.

The Open Fields Doctrine is another. If objects are left in plain view in an area not traditionally secured as private, the police are well within their rights to search these areas. See Oliver v. U.S.

And the list goes on. And on. And on. Contrary to what you saw on TV or what your high school civics teacher improperly told you, a search warrant isn't always necessary. In fact, interfering with the police in the above situations can easily get you arrested, but you'll at least give the judge a good laugh as he hears you argue the 4th Amendment as a defense.

And what if the search or wiretap is illegal? If you're truly a criminal, if you've truly done the things you are accused of doing, then you may have just hit the jackpot. Under the exclusionary rule (subject to its exceptions, of course), the evidence is tainted, the "fruit of a poisonous tree," and likely inadmissible as evidence against the target of the search in any case.

IANAL - just a 3L (and I haven't taken Crim Pro yet, so don't be cruel, but if you have an actual understanding of the law, please correct me where I am wrong). But of course we have internet lawyers here like parent who just love to make these ridiculous arguments.

Look, I'm not fond of cops. I can't think of anyone who has ever been to law school actually worked with attorneys and seen what the police often do could be fond of them. But following suggestions like parent's is foolishness indeed. Want to support your local public defenders in making illegal search arguments? Please do. chip in some cash, they could use the money. But don't run about harassing the police as parent suggests.

Comment: Federal law to "blame" (Score 1) 402

by ChePibe (#29351213) Attached to: What the DHS Knows About You

The US already collects vasts amount of information as part of the visa application process for any foreign national, all paid by the applicant.

This is the result of federal statute, not some evil recent regulation.

Federal law requires that immigration costs be funded by the immigrant rather than the U.S. Taxpayer. On the one hand, it is very off-putting to many potential immigrants. On the other hand, one must ask why American citizens should be forced to pay the immigration costs of some non-citizen to which the U.S. owes no obligation and has yet to receive any benefit from. It also serves as a valuable tool for weeding out those who could never afford to go in any case.

And, as to Chile, it's noteworthy that U.S. citizens arriving in Chile are charged a reciprocal tourist visa fee of exactly that $131 as well. Chile believes in reciprocity, and that's fine - Chile's a great place to live and visit. I've lived there myself.

Comment: Peru an interesting choice for the study... (Score 1) 157

by ChePibe (#29089069) Attached to: 88% of Electronics Exports Reused, Not Dumped

(Forgive the randomness) I was in Lima for 6 weeks about a year ago, and the reuse/recycling of old computer equipment is absolutely true - especially old printers and copiers.

Walking through the streets of Lima, even right around the Plaza de Armas but throughout the entire district, you can find dozens of shops that only sell used printers and copiers. They advertise them as new/refurbished from the U.S. and they seem to go for fairly decent prices. I'd never really seen such a sight before in my life - stores absolutely brimming with big, heavy duty copiers.

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