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Comment: Re:Gentrification? (Score 0) 334

by operagost (#46772001) Attached to: San Francisco's Housing Crisis Explained

The national average for gasoline was over $3/gallon for 10 months under Bush.

The national average for gasoline has been over $3/gallon for 3.5 years under Obama.

The dive well below $2 in 2008 was anomalous due to the shrinking economy. Likewise, however, was the anomalous rise over $4 for three months before that crash. The recovery point around $2.61, before the Democrats' crony-enriching "stimulus", was more reflective of the real value. Today's is partially a reflection of Obama's misguided economic policies.

Comment: Re:Also Disturbing (Score 1) 116

by danheskett (#46771699) Attached to: Lavabit Loses Contempt Appeal

Well you are right. Thanks for that. I think that I have improperly cement Section I as the only one establishing courts because it is the one most cited in research, Section II being well settled by this point.

I was not originally suggesting the Court seek out cases or controversies, or have a police power (like in, say, France).

I do suggest that they need to actively distrust in hearings and rulings the claim that the Government will do what it says. In the case, Lavabit, the Government says matter of factly that it will not use the SSL keys to do anything to the other 400,000 customers of Lavabit's service, but that is (a) not binding and (b) not believable. It would be ideal if a Judge, hearing such a claim, pro-actively took steps to either force the Government to adhere to that (i.e. consent agree) or to in some other way hold it harmless. It is really in a way too bad that the Government can't usually be forced to post a bond. Levinson was fairly clearly concerned that the Government would overstep their authority, leaving his customers damaged and himself without recourse. This was the nature of his request to provide the data after the fact (after he could verify it was only targeted to one customer who under investigation). The Judge immediately dismissed his concern because the Government stated - in a non-binding, non-policy specific way - that they would only tap one customer.

Comment: Re:Also Disturbing (Score 2) 116

by danheskett (#46770895) Attached to: Lavabit Loses Contempt Appeal

Judges should NOT start being proactive.

I suppose I should have said "in their rulings". Meaning, they should be defacto skeptical of Government claims, and defacto assume that Government shall not be trusted. Currently, they take the Government's claims at face value. I.E. the Government says they wont use any data they are not allowed to, so we trust them. They should be proactive in assuming that the Government lies.

n the US, at least, judges are - per the US constitution - reactive.

Really? Where is that? Article III establishes the Judicary, but does not in any way circumscribe the power of the Courts, or make them reactive in nature. There is nothing even suggesting that a suit must be made - only that the Supreme Court has original jurisdiction.

The entire concept of a reactive, ex-post facto review based Court is entirely based on statue and tradition (Marbury v. Madison et all). There is nothing inherently anti-Constitutional about, for example, the Court being given, by Congress, an ad-hoc review power of any government action. Or a pre-enactment review authority over all legislation.

At very least, allowing judges to be proactive would require a massive rewriting of laws, starting with the constitution and working your way down.

I disagree. Most of it is all stacked precedent and not black letter law.

Handhelds

Intel Pushes Into Tablet Market, Pushes Away From Microsoft 97

Posted by Unknown Lamer
from the wither-wintel dept.
jfruh (300774) writes "The Wintel cartel appears to be well and truly dead, as Intel chases after ARM with grim determination into the rapidly growing world of Android tablets. 'Our mix of OSes reflects pretty much what you see in the marketplace,' the company's CEO said, a nice way of saying they see more potential growth from white-box Chinese tablet makers than from Microsoft Surface. Intel managed to ship 5 million tablet chips in the first quarter of the year, although plunging PC sales meant that company profit overall was still down."

Comment: Re:A remarkable order. (Score 3, Insightful) 116

by danheskett (#46770139) Attached to: Lavabit Loses Contempt Appeal

The cogent and accurate description of public key cryptography a

Disagree. The "padlock" analogy was garbage. In PKI, anyone cannot simply "lock the padlock" as the author of the ruling states. For any key-set, exactly 1 key can "lock", and exactly 1 key can "unlock". The brief claimed that anyone could come by and lock it, and that's not true. And it's relevant since, as Levinson stated, with the keys, the Government could impersonate his service to any of his 400,000 users.

As we know, they government routinely uses deception. The DEA creates fake histories of evidence and plants it on local law enforcement.

Comment: Also Disturbing (Score 4, Insightful) 116

by danheskett (#46770093) Attached to: Lavabit Loses Contempt Appeal

I think one thing we need to be aware of is that the Court defers to the Government's claim that, once decrypted, the Government will not view anything but the "metadata" of the communication, not it's "content", and not for anyone but the target.

Every legal case, every Court hearing, from here forever, the Government must never be given the benefit of the doubt. Any time they have the capability to abuse that claim, we must assume that they will, and Judges should start factoring that assumption into their discussions. We know, only through illicit disclosures, the government will abuse the legal theories that are plainly written in black letter law (Section 215 for example), and will simply declare that the domestic law doesn't not apply for any number of novel theories outside the review of anyone.

Judges must start being proactive. I think it's fairly clear that Levinson was skeptical that the Government would only target one user, and that the Government would never use any of that data that they were not permitted to have. In that regard, he was 100% right that forcing mass decryption is in fact "a general warrant", the precise protection that the 4th Amendment's specific language was intended for.

The whole affair also shows how badly the Stored Communications Act and the Pen/Trap statue's are drafted and how out of date they are. The Law must finally realize that there is no such thing as "meta-data" anymore. It's a label without meaning. The message is the message, including the routing information. "Content" versus "Meta-data" is a garbage distinction with email. The entire layer 7 message - headers and all, is the content.

Comment: Demonstrates the futility of opposition.. (Score 5, Informative) 116

by danheskett (#46769715) Attached to: Lavabit Loses Contempt Appeal

I think that the ruling and the case demonstrate the futility and the problems with attempting to defend yourself or your clients against the government. It seems clear to me that Lavabit suspected that the order was overbroad, but had no idea what to do about it. The contempt charge was probably inevitable as he searched for a legal basis and representation to do what was quite obviously "the right thing".

The ruling also has a powerful, and sad, commentary on our system of government as it stands today:

"Because of the nature of the underlying criminal investigation, portions of the record, including the target’s identity, are sealed."

We are right back at Star Chambers and secret courts and hidden rulings and anonymous witnesses. We've devolved back to a legal system which is only concerned with secrecy.

Space

Astronomers Solve Puzzle of the Mountains That Fell From Space 46

Posted by Unknown Lamer
from the just-a-crashed-ring-station dept.
KentuckyFC (1144503) writes "Iapetus, Saturn's third largest moon, was first photographed by the Cassini spacecraft on 31 December 2004. The images created something of a stir. Clearly visible was a narrow, steep ridge of mountains that stretch almost halfway around the moon's equator. The question that has since puzzled astronomers is how this mountain range got there. Now evidence is mounting that this mountain range is not the result of tectonic or volcanic activity, like mountain ranges on other planets. Instead, astronomers are increasingly convinced that this mountain range fell from space. The latest evidence is a study of the shape of the mountains using 3-D images generated from Cassini data. They show that the angle of the mountainsides is close to the angle of repose, that's the greatest angle that a granular material can form before it landslides. That's not proof but it certainly consistent with this exotic formation theory. So how might this have happened?

Astronomers think that early in its life, Iapetus must have been hit by another moon, sending huge volumes of ejecta into orbit. Some of this condensed into a new moon that escaped into space. However, the rest formed an unstable ring that gradually spiraled in towards the moon, eventually depositing the material in a narrow ridge around the equator. Cassini's next encounter with Iapetus will be in 2015 which should give astronomers another chance to study the strangest mountain range in the Solar System."
The Courts

Lavabit Loses Contempt Appeal 116

Posted by Unknown Lamer
from the don't-leave-your-lawyer-at-home dept.
After being forced to turn over encryption keys (being held in contempt of court for several weeks after initially refusing to comply), secure mail provider Lavabit halted all operations last year. With the assistance of the EFF, an appeal was mounted. Today, the appeals court affirmed the district court decision and rejected the appeal. From Techdirt: "The ruling does a decent job explaining the history of the case, which also details some of the (many, many) procedural mistakes that Lavabit made along the way, which made it a lot less likely it would succeed here. ... The procedural oddities effectively preclude the court even bothering with the much bigger and important question of whether or not a basic pen register demand requires a company to give up its private keys. The hail mary attempt in the case was to argue that because the underlying issues are of 'immense public concern' (and they are) that the court should ignore the procedural mistakes. The court flatly rejects that notion: 'exhuming forfeited arguments when they involve matters of “public concern” would present practical difficulties. For one thing, identifying cases of a “public concern” and “non-public concern” –- divorced from any other consideration –- is a tricky task governed by no objective standards..... For another thing, if an issue is of public concern, that concern is likely more reason to avoid deciding it from a less-than-fully litigated record....'"

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