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Comment: Re:Legal question (Score 1) 173

Well unlawful searches would be a violation to due process, the question then becomes what's the remedy for that? I think we're so used to the evidence exclusion rule that we tend not to realize that's just one way to "fix" the problem. You can do criminal charges against the police, or you can do civil damages.

The counterargument against excluding evidence is: you committed a crime; this evidence shows it. Why should you get off just because the police did something wrong? That didn't magically make it so you didn't commit the crime, it just turns the whole process into a game with arbitrary rules.

Comment: Re:Legal question (Score 1) 173

by nomadic (#47227153) Attached to: The Government Can No Longer Track Your Cell Phone Without a Warrant
Uh....Fernandez v. California says the opposite of what you're saying. In it the Supreme Court held that even though one occupant had denied police entry, that after he had been arrested and moved away from the premises the other occupant could consent to a search. Only where one occupant is physically present and denying access are the police prevented from searching.

In any event, my hypothetical was more akin to Illinois v. Rodriguez, where the Court held that as long as the police had a reasonable belief that the person giving consent to search was in fact authorized to do so, evidence won't be excluded, even if that person did not have actual authority.

That being said, I will qualify that I believe in some states actual authority is required, but at the Supreme Court/Federal level only apparent authority is needed.

Comment: Re:Legal question (Score 1) 173

by nomadic (#47227077) Attached to: The Government Can No Longer Track Your Cell Phone Without a Warrant
I don't think there's much that can be done as a preventive measure, though I guess since a lot of these cases hinge on really close questions about whether a search was reasonable it's possible. You'd have to make it super specific I'd think, maybe something like: "No trespassing. This specifically includes law enforcement; the owner does not and never will give consent for law enforcement to search or enter these premises for any reason whatsoever. Anyone giving such consent is not the owner and is not authorized to grant any such permission. The owner reserves all rights under the law and will pursue a civil action and/or file criminal charges against anyone, including law enforcement, who unlawfully enters these premises."

Kind of over the top but in a close case it might convince a judge that whatever pretext the police came up with to enter was unreasonable. Also might be a good idea to have a motion-activated camera with sound to capture anyone who would be in a position to read it so you could capture whoever enters, if you really want to be careful.

Comment: Re:Legal question (Score 1) 173

by nomadic (#47226729) Attached to: The Government Can No Longer Track Your Cell Phone Without a Warrant
Well the exclusionary principle isn't enshrined in law, or even considered a Constitutional requirement, it's just a policy decision the Courts have made to keep the police in line. Theoretically they could get rid of it tomorrow and offer a different remedy for an unlawful search (like lawsuits for damages). Once there's no deterrent effect (like where the cops don't know it's illegal, or at least can show that) the Court discards it as essentially useless.

Comment: Re:Jurisdiction (Score 4, Informative) 173

by nomadic (#47221193) Attached to: The Government Can No Longer Track Your Cell Phone Without a Warrant
Well IAAL (in the 11th circuit even) so I tend to get a little OCD about legal terms. You're right it has precedential value in other circuits and any court addressing the issue will take this case seriously, though circuits frequently do just explicitly disagree with other circuits so I'd be more comfortable once this gets to the Supreme Court.

Comment: Re:Legal question (Score 4, Informative) 173

by nomadic (#47221055) Attached to: The Government Can No Longer Track Your Cell Phone Without a Warrant
Not really; the exclusionary principle is based on the premise that the courts will punish law enforcement for knowingly evading their constitutional responsiblities by not letting them use whatever evidence they wrongfully obtained. Until binding precedential caselaw is established, law enforcement can be considered to not have known they were required to get a warrant before, so any evidence before that point would not be excluded.

For example, the cops generally need a warrant to enter your house to search for drugs unless an owner grants permission to the search. If you're staying over at my house while I'm away, the cops ask you for permission to search the place thinking it is your house, and you say yes, anything they find is admissible because they had a good faith belief they were conducting a legal search.

Don't Be a Server Hugger! (Video) 409

Posted by Roblimo
from the old-stewball-was-the-most-loyal-server-horse-we-ever-done-had dept.
Curtis Peterson says admins who hang onto their servers instead of moving into the cloud are 'Server Huggers,' a term he makes sound like 'Horse Huggers,' a phrase that once might have been used to describe hackney drivers who didn't want to give up their horse-pulled carriages in favor of gasoline-powered automobiles. Curtis is VP of Operations for RingCentral, a cloud-based VOIP company, so he's obviously made the jump to the cloud himself. And he has reassuring words for sysadmins who are afraid the move to cloud-based computing is going to throw them out of work. He says there are plenty of new cloud computing opportunities springing up for those who have enough initiative and savvy to grab onto them, by which he obviously means you, right?

Brain Injury Turns Man Into Math Genius 208

Posted by Soulskill
from the ace-your-exam-in-one-easy-step dept.
mpicpp sends in the story of Jason Padgett, a man who developed extraordinary mathematical abilities as the result of brain trauma when he was attacked outside a bar. "Padgett, a furniture salesman from Tacoma, Wash., who had very little interest in academics, developed the ability to visualize complex mathematical objects and physics concepts intuitively. The injury, while devastating, seems to have unlocked part of his brain that makes everything in his world appear to have a mathematical structure 'I see shapes and angles everywhere in real life' — from the geometry of a rainbow, to the fractals in water spiraling down a drain, Padgett told Live Science." "He describes his vision as 'discrete picture frames with a line connecting them, but still at real speed.' If you think of vision as the brain taking pictures all the time and smoothing them into a video, it's as though Padgett sees the frames without the smoothing. "

Bug Bounties Don't Help If Bugs Never Run Out 235

Posted by Soulskill
from the trying-to-bail-the-ocean dept.
Bennett Haselton writes: "I was an early advocate of companies offering cash prizes to researchers who found security holes in their products, so that the vulnerabilities can be fixed before the bad guys exploited them. I still believe that prize programs can make a product safer under certain conditions. But I had naively overlooked that under an alternate set of assumptions, you might find that not only do cash prizes not make the product any safer, but that nothing makes the product any safer — you might as well not bother fixing certain security holes at all, whether they were found through a prize program or not." Read on for the rest of Bennett's thoughts.

God made machine language; all the rest is the work of man.