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Comment Re:What purpose does registration serve? (Score 1) 191


I didn't actually say that, but since you mention it, it's true. The Constitution does forbid it from using its power EXCEPT to the extent necessary to help regulate Interstate Commerce.

That's the way it works, man. I didn't invent the damned thing.

By the way: "Class G" airspace is COMPLETELY UNCONTROLLED by the FAA. Maybe you should read your own sources.

Comment Re:What purpose does registration serve? (Score 1) 191

You're claiming they have no jurisdiction- the FAA, Congress, and accepted constitutional law ALL DISAGREE WITH YOU.

No, they don't. "Accepted Constitutional Law" says that the Federal government has authority ONLY over the items specifically enumerated in the Constitution. One of those items is the Interstate Commerce Clause, which gives the Federal government to regulate some aspects of interstate commerce.

The Interstate Commerce Clause was the basis of authority for the Air Commerce Act of 1926, which was effectively the creation of the FAA. In fact it was a bureau of the Commerce Department. Look it up.

Regardless of attempted Federal expansion, the Constitution only gives the Federal government the power it gives it. No more, no less. Congress does not have authority to lawfully expand its own authority, nor the Executive Branch, nor the Judicial Branch.

So you decide: is the Constitution a valid document, or is it not? If it is, then the FAA can lawfully control only airspace that is regularly used in interstate commerce. That is the basis for ALL of its authority. No matter how many "regulations" it wants to pass.

If the Constitution is not valid, then screw it, it doesn't matter. The government could do whatever it wanted until it was overthrown... as it surely would be, and a new Constitution implemented.

Comment Re:I think this is fair. (Score 1) 194

Port addresses are not part of the ISP's business, either. That is an internal matter for the networks/routers at source and destination, not in between.

My ISP, for example, has absolutely no business knowing (or caring) whether I am doing SSH over port 22 or port 23456. It's just plain not their affair and should have absolutely nothing to do with how my packets are routed by ISPs.

Today's "common carriers" do in fact concern themselves with more than just the layer responsible for directing the connection from sender to receiver.

But they should not. That is the whole point being discussed here. It isn't essential for their services and it's private information.

Further, if they intentionally redirect my packets, in any way that wasn't essential for internet routing, they're interfering with a private communication, which is illegal for a common carrier to do.

Comment Re:I think this is fair. (Score 2) 194

The packet header is quite easy to see, and your analogy is like saying the Post office can't be a common carrier because they read the envelope to get the address, so the are already inspecting the mail.

Nonsense. All the information an ISP needs are in the link and internet layers. Any deeper information is none of their business. The source and destination IPs are in the internet layer, and are similar to the destination and return addresses on the snail-mail envelope.

Doing any deeper packet inspection is akin to steaming open the envelope to see whether the letter is actually intended for the addressee or her kids (transport layer, application layer, etc.), or the content of the actual message. That's absolutely none of the ISP's business as a common carrier.

There is a huge difference between reading an IP or TCP/UP header and trying to piece together a stream of packets in order to determine the content.

No. There is a huge difference between reading an IP header, and reading a TCP header. As a common carrier, an ISP has no legitimate reason to do the latter. No more than the post office has any business opening the envelope to see whether the message starts with "Dear John," or ends with "Love always".

Comment Re:I think this is fair. (Score 1) 194

I haven't looked at the actual case, but based on the summary, the judge must have issued a ruling overriding a request for dismissal of one or more counts that were predicated on the protections of the DMCA, and to do this, the judge would have to state his reasoning why.

How does that make GP wrong? If this judge does make a bad call on the dismissal, then indeed Cox could use that as grounds for appeal. Sure, that does mean the case must be tried first.

I suppose you may have meant GP was wrong about recusal or "instant appeal". It doesn't work that way. But the decision will certainly be an influential one in the following procedures.

Comment Re:This is why ISIS wins (Score 4, Insightful) 499

Which is why ISIS is so darned convenient for Turkey. It takes the piss out of the Kurds outside Turkey's borders and thus weakens the overall Kurdish cause. I'm sure the Turkish government is happy enough to take a few suicide bombings on the chin for the strategic advantage gained from allowing ISIS to run rampant and kill lots of Iraqi and Syrian Kurds.

Comment Re:aren't these aimed to prevent not detect? (Score 1) 142

"Finds its way in"? You may have noticed that the folks behind the French attack were born there.

As a society, France isn't doing a very good job of helping immigrants feel like Frenchman -- even two or three generations out. Meaning you get folks who feel like second-class citizens, easy to radicalize and recruit.

And, for that matter, the US has no small problem with homegrown terrorism either. Hello, Oklahoma City bombing. Hello, burning churches. Looking at terrorism as a problem that comes from outside is understating the issue.

Comment Re:This is why ISIS wins (Score 2) 499

At some point Turkey will overplay its hand. The US and Europe have been forced to tolerate Turkey's double-dealing for some time, but as there is growing accord between the US, Europe and Russia on dealing with ISIS, Turkey's actions are going to see it increasingly isolated. If one of the end results of defeating ISIS is that Russia gains the right of a perpetual warm water port in Syria recognized by the US, then Turkey's place in NATO and as a US ally will be called into question. This downing of a Russian jet for what was the very briefest of incursions was a damned fool move that is likely to have Turkey's allies in the US and Europe scrabbling for cover.

Comment Re:This is why ISIS wins (Score 4, Informative) 499

But does Turkey hate ISIS? The Kurds of northern Iraq have been one of the targets of ISIS, and every Kurd killed by ISIS is another Kurd that won't cause Turkey problems. Why do you think Turkey is the porous border that is allowing people and goods to flow into Iraq and Syria? Because they want ISIS to cause mayhem, kill lots of Kurds and send the message to Turkish Kurds that they'll happily send them to the slaughter too if anyone starts thinking about Greater Kurdistan again.

The Turks have never been allergic to the idea of genocide. Just look at the Ottoman genocide of ethnic Armenians during WWI. I'm sure if the Turkish government thought it could get away with it, it would kill every Kurd it could find

Comment Re:What purpose does registration serve? (Score 1) 191

No, the deal is, if you fly a drone across a state line, it becomes subject to federal regulation. And not before.

Almost but not quite. "Navigable airspace" means commonly-traveled interstate air routes, and associated airspace, like around airports.

And that's reasonable.

But the vast majority of airspace, outside of those commonly traveled routes and altitudes, is completely outside FAA's jurisdiction. That's a basic principle of how our Constitution models Federal authority.

Comment Re:What purpose does registration serve? (Score 1) 191

Yes, I do. Do you? Specifically, Class G airspace - the "uncontrolled" airspace up to 1200 feet, except in the vicinity of an airport, where the ceiling is much lower? Because that's part of the national airspace system, and the rules identifying and controlling it are the responsibility of the FAA. The FAA reauthorization of 2012 grants them the charter of "integrating uav flight" into the national airspace, which includes Class G - therefore, they are well within their legal rights to regulate that space.

That isn't an answer. You're defining something in terms of that something... a completely circular argument which has no meaning. I asked you a question which you haven't answered.

If you need it made more clear, then look this up: what was the Congressional authority under which the 2012 reauthorization was made? Here's a big hint: it's called a "REauthorization"... not a grant of new authority.

Your description of areas around airports are irrelevant, because I mentioned them myself, earlier.

the CONGRESS has constitutional authority to regulate interstate commerce

This is just asinine. Of course it's Congress' authority under which the law was made. FAA authority can only be assigned via Congressional authority. Again, this is not an argument. It's something I already mentioned myself.

So, you're saying that Class G airspace only exists as a navigable airspace in one state?

Of course not. Where did I state that? What I stated was that it's part of a system of INTERSTATE routes. Get a goddamned clue.

Once again - shouting "THE CONSTITUTION!" doesn't constitute (ha!) an argument. Congress has authority to regulate interstate commerce. Air travel is part of interstate commerce, and thus the use of the airspace used by air travel is regulated by the FAA, by order of Congress. The FAA regulates ALL airspace, not just the airspace above an airport, or routes between airports. Why? Because the stuff going on at 500 feet can easily affect the stuff going on at other altitudes, without a well-defined set of regulations in place to govern what responsible people will do in that space.

I didn't "shout" anything... you seem to be the one doing the shouting here. And an awful lot of hand-waving.

No, FAA does not regulate "all" airspace. This goes right back to my original statement. FAA regulates -- via its Congressionally-granted authority to regulate COMMERCIAL INTERSTATE AIR TRAVEL (that pesky "interstate commerce" clause you don't seem to understand) -- is in charge of "navigable airways". Which are defined as commonly-traveled INTERSTATE airways, and other airspace that is part of that system... like areas around airports.

That is a very far cry from "all" airspace. In fact, it's a system of particular routes and particular altititudes, and other areas (such as airports), which you can find clearly printed on aviation charts of the United States.

The FAA does NOT have jurisdiction over OTHER airspace... which in fact is the majority of the airspace.

Therefore it does not have jurisdiction over drones that do not cross into that airspace. For example, the FAA has absolutely NO legal authority over the air 250 feet above my property. That's MY airspace, by international law.

Comment Re: Good! (Score 3, Interesting) 346

Invalidating their drug patents and contracting another drug maker to start manufacturing their portfolio as generics would do the job much better. You would probably only have to do it once and that would fix the problem for a decade until another evil gang of corporate sociopaths tried it again.

Federal grants are offered for... research into the recreation potential of interplanetary space travel for the culturally disadvantaged.