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Comment: Use is Voluntary (Score 1) 132

by EmagGeek (#46778017) Attached to: Industry-Wide Smartphone "Kill Switch" Closer To Reality

From CTIA's site, it appears to be an addon software tool, NOT part of the O/S or hardware:

Each device manufacturer and operating system signatory of Part I of this "Smartphone Anti-Theft Voluntary Commitment" agrees that new models of smartphones first manufactured after July 2015 for retail sale in the United States will offer, at no cost to consumers, a baseline anti-theft tool that is preloaded or downloadable on wireless smartphones that provides the connected capability to:

Remote wipe the authorized user's data (i.e., erase personal info that is added after purchase such as contacts, photos, emails, etc.) that is on the smartphone in the event it is lost or stolen.
Render the smartphone inoperable to an unauthorized user (e.g., locking the smartphone so it cannot be used without a password or PIN), except in accordance with FCC rules for 911 emergency communications, and if available, emergency numbers programmed by the authorized user (e.g., "phone home").
Prevent reactivation without authorized user's permission (including unauthorized factory reset attempts) to the extent technologically feasible (e.g., locking the smartphone as in 2 above).
Reverse the inoperability if the smartphone is recovered by the authorized user and restore user data on the smartphone to the extent feasible (e.g., restored from the cloud).
In addition to this baseline anti-theft tool, consumers may use other technological solutions, if available for their smartphones.

Source: http://www.ctia.org/policy-ini...

AT&T

Bidding At FCC TV Spectrum Auction May Be Restricted For Large Carriers 82

Posted by samzenpus
from the helping-the-little-guy dept.
An anonymous reader writes "Rumors have surfaced that the Federal Communications Commission (FCC) will restrict bidding at their TV spectrum auction in 2015 to effectively favor smaller carriers. Specifically, when 'auction bidding hits an as-of-yet unknown threshold in a given market, the FCC would set aside up to 30MHz of spectrum in that market. Companies that hold at least one-third of the low-band spectrum in that market then wouldn't be allowed to bid on the 30MHz of spectrum that has been set aside.' Therefore, 'in all band plans less than 70MHz, restricted bidders—specifically AT&T and Verizon (and in a small number of markets, potentially US Cellular or CSpire)—would be limited to bidding for only three blocks.' The rumors may be true since AT&T on Wednesday threatened to not participate in the auction at all as a protest against what it sees as unfair treatment."

Comment: Re:No. (Score 1) 1463

by Valdrax (#46772825) Attached to: Retired SCOTUS Justice Wants To 'Fix' the Second Amendment

The rights protected by the 2nd amendment are rights retained by the people and, in my opinion, are not subject to regulation by states under their powers.

In your opinion. I clearly disagree, finding more agreement with Breyer's dissent in McDonald v. Chicago (2010) that incorporation under the 14th was inappropriate because it is not a fundamental, individual right.

The Second is the only Amendment in the Bill of Rights that explicitly explains the intent behind the right enumerated there -- that the ownership of firearms is intended for the establishment of well functioning militias. That means the right is limited and not fundamental, and the government should have a free hand to regulate so long as that purpose is not thwarted. To hold otherwise is to regulate the militia clause meaningless. I do not think any phrase in the Constitution should be treated so.

If you're implying that the 2nd amendment grants a power to the states then I'd like to understand what structure in the Constitution would give you the impression that anything in the Bill of Rights grants any power to a state.

Well, if you're going to completely disregard the Second, then you must at least look to the Tenth, which held that powers not reserved by the federal government belong to the States or to the people. Note that "the States" is capitalized as a formal term in the same way that "State" is in the Second and in the rest of the Constitution. Once again, this points to the explicit, focused intent of the Amendment to address state and local concerns.

Furthermore, its very clear from the rest of the Constitution that the founders intended the States to still have a large role in the life of their citizens. The structure of the Senate is the clearest expression of that intent, giving an entire house of the legislature over to (originally) state-appointed representatives, balanced between the states.

Comment: Re:No. (Score 1) 1463

by Valdrax (#46770967) Attached to: Retired SCOTUS Justice Wants To 'Fix' the Second Amendment

I say that is a completely different topic and I'm not sure why you brought it up other than to try to be a smart-ass. What you mentioned is not undermining the constitution, and as such, is completely off-topic.

Yes, it is. Any misinterpretation of the constitution is an undermining of its intent and effect, regardless of whether that results in a situation you like or not, and the pure individual right interpretation of the Second Amendment undermines states' rights.

A militia was a force of the proletariat. Every man that was able to take up arms was expected to do so. Therefor, the common man was considered militia and did *not* need to join the army nor any other organization to be considered such.

Yes, it was made up of the people, but the whole phrase "well-regulated" is not mere puffery. It means a militia in proper and working order, and it explicitly referenced as "being necessary to the security of a free State." The governments of the states have long been held to have the right to regulate arms within that context, and the federal government has the right to regulate firearms that do not have a purpose in a militia. (See US v. Miller (1939) on regulation of sawed-off shotguns.)

Anything not specifically outlawed by the constitution or the state is defaulted to being a right. Therefor, yes, you would have the right to own a gun even if the 2nd amendment didn't exist.

Unless a state passed a law saying that you didn't, by your own statement.

Comment: Re:No. (Score 1) 1463

by Valdrax (#46770779) Attached to: Retired SCOTUS Justice Wants To 'Fix' the Second Amendment

You want to use the phrase "well-regulated militia" as a way of allowing the national government to regulate firearms.

Actually, I view the Second Amendment as a state's right and support the right of the states to regulate arms, seeing at the concept of a militia is directly tied to the state power and not individual power. If a state wants to ban handguns and keep only a professional militia (e.g. the National Guard), that should be their right.

Comment: Re:Militia, then vs now (Score 1) 1463

by Valdrax (#46770731) Attached to: Retired SCOTUS Justice Wants To 'Fix' the Second Amendment

Larger "ordnance" is not illegal to own or use in the US. One may privately own fighter jets, tanks, cannons, rocket launchers, etc. While there are some restirtions they are hardly banned, and never have been. So what is your point?

Title II weapons are heavily regulated in ways that handguns cannot be, under current standards. The federal government as the power to regulate them -- even the power to outright ban them. The fact that they have not exercised that power is no proof that they don't. Even DC v. Heller (2008), the case that nailed down the notion that firearm ownership was an individual right, upheld the notion that it only applies to certain types of weapons (referring to US v. Miller (1939).

And that's my point. A strict reading of the Second Amendment in no way forbids the government from preventing private citizens from having ordnance. It only guarantees the right to bear arms, not ordnance.

Comment: Re:But what is a militia? (Score 1) 1463

by Valdrax (#46768471) Attached to: Retired SCOTUS Justice Wants To 'Fix' the Second Amendment

All a state would have to do is amend their constitution to proclaim that all their able bodied citizens are members of the state militia for defense of their lives, property, and the state if mustered into action. What can the feds do then?

Not much, if the militia clause is given effect as a state's right instead of an individual one. Then again, there's not much for the citizens to say if a state wanted to define its militia as a purely professional force and outright ban private ownership either under that scenario.

Comment: Re:Militia, then vs now (Score 1) 1463

by Valdrax (#46768419) Attached to: Retired SCOTUS Justice Wants To 'Fix' the Second Amendment

The most literal interpretation of that 2nd amendment means I could possess nuclear weapons, bacterial weapons, chemical weapons, and were I wealthy enough, my own tanks, APCs, fighter jets, bombers, etc.

No, in the 18th century there was already a clear separation between man-portable "arms" and larger "ordnance," and all the examples you mention would definitely qualify as ordnance. You *might* be able to make an argument for chemical & biological weapons, but any sane court would by long precedence consider those to be outside of the realm of what a citizen's militia should possess.

Comment: Re:Structure vs Outcome (Score 1) 767

by EmagGeek (#46765721) Attached to: Study Finds US Is an Oligarchy, Not a Democracy

Yep. Intelligent, educated, gainfully-employed people are breeding much less because they cannot afford to do so. So much of their money is being confiscated and given to unintelligent, uneducated, unemployed, unproductive people to breed like bunny rabbits and create an overwhelming population of voters who will keep the power mongers in power.

Comment: Happens in hardware, too (Score 1) 213

by EmagGeek (#46765651) Attached to: How 'DevOps' Is Killing the Developer

In a past life, I worked for a company that developed control hardware. I loved designing hardware and software, and I could focus on it. When the time came to build prototypes and manage BOMs and shop vendors for parts and all the niggly crap that surrounds actually building something, there were people who did that.

One day, all of those people were laid off, and we engineers had to start doing all of that work ourselves. Suddenly I was spending 20% of my time doing my job, and 80% on my time doing the jobs of all of the support people who got canned.

I didn't stay too long after that, and neither did any other engineer who was good enough to get a job during a recession.

Comment: I mail them a check (Score 1) 382

by EmagGeek (#46756655) Attached to: Slashdot Asks: How Do You Pay Your Taxes?

I send in my pound of flesh yesterday.

Some third party companies accept credit and debit card payments on behalf of the IRS for a fee. I think you can also just put your routing and checking number on your 1040 form and they will debit your payment directly via ACH.

As far as filing, my accountant prepares the 50 or so schedules and forms that I need to send in every year...

"Only the hypocrite is really rotten to the core." -- Hannah Arendt.

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