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Comment: Re:What privacy concern? (Score 1) 249

by Kijori (#47773333) Attached to: DoT Proposes Mandating Vehicle-To-Vehicle Communications

but privacy, as you note, is pretty close to the bottom since your car location is most certainly other people's business as soon as you take it on a public road.

This is absolutely false. People can look at your car, yes, but that doesn't mean everything that happens in and outside your car isn't private. I'd rather have freedom and privacy than safety, and you'd think everyone in a country that's supposed to be "the land of the free and the home of the brave" would agree with me. I don't want the government having control over my vehicle, and all software on the vehicle should be 100% open source, and all hardware should be open as well. No black boxes, and no proprietary garbage. There's just too much room for abuse, and in a free country, that's all it should take to oppose it.

First, it's pretty obvious that jeffmeden was talking about privacy in terms of the car's location, not "everything that happens in and outside your car". Your comment doesn't show that his point is "absolutely false" unless you completely misread what he said.

Second, everything you do involves a tradeoff of privacy, safety, freedom and a dozen other things. If you go outside you lose some privacy; if you get in a car and drive in public you lose some privacy and some safety. The idea that you can be some sort of privacy and freedom absolutist who never trades either of them for anything is just nonsense.

Comment: Re:Yeah but.. (Score 1) 74

by Kijori (#47766235) Attached to: UK Prisons Ministry Fined For Lack of Encryption At Prisons

There are plenty of solutions to this problem that only marginally reduce security. For example, keep copies of the encryption keys on index cards in a safe at the Ministry of Justice head office. An attacker would need both the backup hard drive and the key, and they are now in separate, secure locations.

As for why not move the backups off-site too - it sounds like that is the long-term plan, and this is just the stop-gap for prisons that haven't moved over to it yet.

Comment: Re:Erh... do not want! (Score 1) 279

by Kijori (#47758767) Attached to: The Evolution of Diet

Don't understand evolution in what way? Why do you think it's just "pseudo scientific hand waving"? The GP's point (which I understood to be that there are reasons why evolutionary pressures might push in favour of a longer life expectancy than required just to reproduce) sounds reasonable to me - I'm genuinely curious to know what the misunderstanding is.

Comment: Re:Legitimate concerns (Score 1) 282

by Kijori (#47588329) Attached to: UK Government Report Recommends Ending Online Anonymity

I don't think the GP is saying that at all.

It would just be nice to have a bit of balance. I don't think we should scrap online anonymity because some of its uses, in opposing tyrannical powers, whistleblowing and similar, are too important.

But we should still recognise that it has costs. Anonymous online abuse can and does have very serious consequences, including depression and suicides. Too often the argument is presented as one-sided.

Comment: Re: Really? (Score 1) 100

by Kijori (#47588303) Attached to: "ExamSoft" Bar Exam Software Fails Law Grads

That's a pretty naive view of what lawyers do and when they're needed. A lawyer is just an expert in certain things, and they assist people who need to do something they aren't themselves an expert at:
- If you want to present a persuasive case in court, you want someone who is an expert in reviewing and presenting evidence. A lawyer can be that person
    You also want someone who can explain the case to the court in a persuasive way. A lawyer can be that person.
- If you want to prepare a contract that does what it's meant to you need someone who is an expert in precise writing. A lawyer can be that person.

Moreover your points about society are just flat-out wrong. If you look back at the societies of history you will almost always find lawyers, or people offering an equivalent service. I say "almost" because I'm sure there will prove to be an exception, but after a flick through the Wikipedia entries for the major historical civilisations I couldn't find any.

And the idea that laws are complicated because lawyers want them to be complicated is a nice soundbite with no substance. Laws are complicated because the world is complicated. They are an attempt to make clear rules in a world that isn't made up of simple black-and-white issues. They're full of political compromises. And they're drafted by human beings who make mistakes. If the only thing keeping laws complicated was that it was being done deliberately, don't you think we would have fixed that by now?

Comment: Re: Clever editors. (Score 1) 288

by Kijori (#47543723) Attached to: Greenpeace: Amazon Fire Burns More Coal and Gas Than It Should

The sweeping statement was that Greenpeace "don't give a flying fuck about the environment". That the CEO flies to work seems pretty hypocritical to me, I just don't think it means that the whole organisation is ambivalent about the environment.

That article only mentions the word Marx once and doesn't use it to describe the founder's views - not really sure what you were trying to prove with it?

Maybe you could point me to Greenpeace's campaign to stop you driving a car. Their website specifically says they aren't anti car, and they are campaigning for cleaner cars (which isn't really consistent with not wanting any cars at all) but I suppose you'd say that that's what they would say...

Comment: Re: Clever editors. (Score 3, Insightful) 288

by Kijori (#47542033) Attached to: Greenpeace: Amazon Fire Burns More Coal and Gas Than It Should

I think you've managed the trifecta there:
1. Sweeping statements without any explanation or evidence.
2. Use of the word "marxism" in a way that means nothing at all.
3. Claim that those on the left are just trying to oppress you (again without any explanation or evidence, obviously).

Comment: Re:How do you (Score 1) 962

by Kijori (#47518307) Attached to: The Daily Harassment of Women In the Game Industry

Brianna Wu saying "every man" is just like a racist saying "every Jew", and it also makes it difficult to take what are certainly very real issues seriously.

Some people would think that you put "every man" in quotation marks because it's a quotation, but it isn't. Brianna Wu does not use the phrase "every man" a single time. She doesn't claim that all men are sexist, or say anything like it, so you can safely put your righteous indignation aside.

The biggest generalisation that she does make is saying that "it’s telling that men in the gaming industry, or simply commentators, refuse to listen to the reality of these situations and try to help" - which seems borne out by reactions like assuming her article is a sexist overgeneralisation when you clearly haven't read it.

Comment: Re:No limits on storage or security (Score 1) 150

by Kijori (#47509999) Attached to: New York Judge OKs Warrant To Search Entire Gmail Account

The court actually took a pretty sensible view on this, I think.

The judge's reasoning was that the use of data that was recovered and stored was (as a matter of law) subject to the same test of reasonableness as what could be recovered in the first place. He considered trying to decide how long was reasonable now, but decided that he wasn't in a position to do so, since he didn't know how the investigation would go. Better for a later court, looking back on all the facts, to decide whether what was done was reasonable, than for him to try to decide what would be reasonable based on a guess as to what would happen.

In other words, there are limits on storage and use of the data, although they aren't rigid, and a court may be called on to decide whether they have been breached at a later date.

Comment: Re:Unconstitutional (Score 1) 150

by Kijori (#47509963) Attached to: New York Judge OKs Warrant To Search Entire Gmail Account

"No difference"?

[Writs of assistance] were permanent and even transferable: the holder of a writ could assign it to another. Any place could be searched at the whim of the holder, and searchers were not responsible for any damage they caused. This put anyone who had such a writ above the law. [Wikipedia]

[The court grants] a warrant to obtain emails and other information from a "Gmail" account, which is hosted by Google, Inc., and to permit a search of those emails for certain specific categories of evidence. [Judgment in this case]

Yep, exactly the same...

Comment: Re:Limitations on law enforcement (Score 1) 150

by Kijori (#47509901) Attached to: New York Judge OKs Warrant To Search Entire Gmail Account

I think it is easy to imagine circumstances where what you call a 'blanket' search - a search for specific categories of evidence, but which isn't limited by particular approved keywords - would be justified. I would expect it to be common, because I would expect it to be the only reasonable way to conduct the search in a great many cases.

I am a litigator. We regularly conduct similar searches during what Americans would call discovery - the pre-trial process where you look for evidence. Even if you know exactly what sort of thing you're looking for and are using specialist software designed for this process, it can take hundreds of man-hours and cost well over a hundred thousand dollars to search a large body of correspondence. I can tell you from experience that it is very difficult to pick keywords in advance without making them incredibly broad. If the person may have done something that they don't want to set out explicitly in an email, it can easily be impossible.

There is a strong public interest in effectively investigating crimes and bringing the perpetrators to justice. There has to be some mechanism to get access to email correspondence in order to conduct that investigation. In a big investigation, I can't see that it would be reasonable to require Google to carry out the searches required - it should be done by the police. I therefore think it is entirely plausible that a 'blanket' search warrant would be granted, and I haven't seen any reason not to trust the judge's assessment - after all, he has heard the evidence and you haven't.

Comment: Re: Seems appropriate (Score 1) 353

by Kijori (#47437525) Attached to: UK Computing Student Jailed After Failing To Hand Over Crypto Keys

How do you square the fact that you say in relation to the password question it would be impossible to prove, but when considering the other examples you are happy to draw inferences if there is sufficient surrounding evidence. Why can't you draw inferences from surrounding evidence when considering the question of whether someone remembers a password?

Comment: Re: Seems appropriate (Score 1) 353

by Kijori (#47437333) Attached to: UK Computing Student Jailed After Failing To Hand Over Crypto Keys

I would make two points in response.

First, your factors that might make someone not remember a password are all real, but the judge can take them into account. The judge can weigh up the different possibilities - that's what they are employed and trained to do - and decide whether it's plausible that the defendant cannot recall the password. Often they will probably conclude that the prosecution hasn't proved that the defendant could remember the password; sometimes, though, there will be enough evidence. Unless you are arguing that there is no amount of evidence that can prove this beyond reasonable doubt - in which case, see my second point, which is that this is not restricted to this situation - I don't think your factors prevent the law working (although obviously they must be borne in mind).

Second, your example of the seemingly pre-meditated murder is at the extreme end of the evidence available, but there are lots of situations that are much more difficult. For example:
i. A person gives incorrect financial information to an investor and profits as a result. If they knew it was incorrect they may be guilty of fraud. Did they know it was incorrect at the time?
ii. A person is a passenger in a stolen car. If they knew it to be stolen at the time they may be guilty of an offence. Did they know it was stolen when they got in (assume they weren't involved in the theft)?
iii. An accountant receives money from his client, which unknown to him was stolen. If he suspected at the time that the client might be engaged in criminal conduct, he may be guilty of a money laundering offence. Did he suspect?

You could find hundreds more examples - those are just three that occurred to me off the top of my head, and probably aren't the most troublesome. The point is that proving whether a defendant actually knew a particular fact, or actually had a particular thought, is a common issue in criminal prosecutions. It can be difficult to prove, but it's not impossible and the courts are used to dealing with these types of case.

The test of intelligent tinkering is to save all the parts. -- Aldo Leopold

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