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Journal: Three years after Steve died... 1

Journal by jcr

I don't think I've written this down anywhere before, so here's my story about the first time I had a face-to-face conversation with Steve Jobs.

I was working for Richard Kerris in Apple Worldwide Developer Relations, on a group called the SWAT team. I was the Cocoa expert on that team, and I had colleagues who had expertise in UNIX internals, Windows development, and the Metrowerks tools.

Our role was to help third-party developers bring their products to Mac OS X, whether they were coming from Windows, Solaris, Mac OS 9, etc. We would look over their code, and consult with them on how to go about porting and/or rewriting their products for the new platform.

I went to Fred Anderson's retirement party which was held at Cafe Macs in Building four of the Infinite Loop campus. I saw Steve there, and I went over to introduce myself. I said "Hi Steve, I'm John Randolph. You may or may not recognize my name, but I used to flame you from time to time before I worked here." He asked me "Why did you stop?" I told him "Well, I work here now, and I respect the chain of command."

At the time we had this conversation, there was a big fight going on between the foot-dragging laggards who wanted to keep using the old Mac Toolbox API (which had been cleaned up considerably and put into a framework we called "Carbon"), and those of us who wanted to get everyone using the NeXTStep-derived "Cocoa" frameworks,

At the previous WWDC, Steve had started the keynote with a bit of theater: a coffin had risen up through a trap door on the stage, in the midst of a cloud of dry ice fog. Steve had opened the coffin to show a big Mac OS 9 box, and he praised OS 9 in a eulogy, to make the point that Apple developers should consider it dead and gone.

So getting back to our conversation.. I told Steve what I was doing on Richard's team, and I said "I know that you can't do this politically, but I wish you could have another coffin on the stage at the next WWDC...." and he said: "With Carbon in it?"

He was grinning. At that point, I realized that I could quit worrying about where Apple's development environment was heading. Steve knew what we needed to do, and in the years that followed, Apple has kept the best of NeXT's technology, and let go of what we didn't need.

We miss you Steve, but we're doing fine. Thanks for the things you made happen.

-jcr

User Journal

Journal: Sig update 2014-08-14

Journal by davidwr

All your e are belong to Mother Nature.

Past sigs:

http://slashdot.org/journal/281635/signature-line-update-2012-04-23

http://slashdot.org/journal/94557/my-sig-lines

User Journal

Journal: The tragedy of brain-dead apparatchiki entrusted with the care of children. 6

Journal by jcr

Earlier today, I read an account of a little girl getting a severe sunburn while on a school field trip, because of an unconscionable policy prohibiting children from possessing sunscreen while at school or on school activities. I looked up the name of the spokesman who had the nerve to try to defend this policy to the press, and wrote her the following e-mail:

Miss Chancellor, you and the pinheads you serve in the Northeast Indecent School District are a tragic example of the kind of abject incompetence that pervades American public schools in the past several decades.

I would urge you to resign and pursue employment in the janitorial services industry, but youâ(TM)re obviously too goddamned stupid to be trusted with cleaning supplies.

-jcr

Well, it would appear that Miss Chancellor was offended by my criticism, and she replied thusly:

Your comments do not warrant an intelligent response. Clearly - you do not have all the facts.

Now, it's rather unusual for an apparatchik in a shitstorm to bother to respond to any of the angry e-mails they get, so naturally I have replied:

On Jun 6, 2014, at 10:26 AM, Chancellor, Aubrey wrote:

>Your comments do not warrant an intelligent response.

Since youâ(TM)re entirely incapable of an intelligent response, that just works out fine and dandy now, doesnâ(TM)t it?

>Clearly - you do not have all the facts.

The fact is that when you screw up like this, the thing to do is apologize and promise the parents, the child, and the rest of the community that it will never happen again. You donâ(TM)t double down on your idiotic policy of depriving children of sunscreen.

When children are entrusted to you by their parents, your paramount duty is to ensure their safety and well being. it is NOT to sacrifice their welfare to your psychotic need for obedience.

-jcr

More on this as it develops. Start the popcorn.

User Journal

Journal: Throwing in the towel on Facebook. 7

Journal by jcr

Last post to FB:

In the time since I created this Facebook account in 2006, I found a bunch of old friends, met many new ones, wasted a whole lot of time, had some arguments that never would have happened in real life, and been frequently annoyed by the business decisions FB has made.

This post will be my last. I will delete this account 48 hours from now. Those of you who want to keep in touch can reach me as always at jcr@mac.com, which I've had for at least a decade.

All's well that ends. I wish you all peace, love and happiness.

It feels like leaving high school. There are people there that I will always care about, some that I love, some that I barely know, some that I have no idea how I met in the first place or why they're in my FB friends list.

A very smart friend of mine is working on changing social media from a site and a vendor that sells the users' info to advertisers, into a protocol that would operate on a peer-to-peer basis, with strong security to ensure that what we write goes to those we wish, and no one else. I hope he succeeds, and I look forward to making a fair bit of cash shorting FB when the writing appears on the wall.

  I will thank my friends who worked on FB, and every user there who ever shared a heartwarming, interesting, inspiring, or even outrageous bit of information that I wouldn't have found otherwise. Congrats to all the FB millionaires and worker bees, I wish them all the best.

I'll still be NSResponder here on /., on StackOverflow and Twitter. The internet is still a lot bigger than Facebook, and I'll see you all around.

User Journal

Journal: How to store your private key "in the cloud" safely

Journal by davidwr

Storing a private key "in the cloud":

Key is K1. Key is thousands of seemingly-random bits, probably based on a pair of 1024-bit-or-larger prime numbers. You typically store K1 on your computer using a good encryption algorithm. Your password to decrypt the key is P1. P1 is typically tens of characters. Decrypting K1 with P1 is a fast (in human-time-scale) operation, under a second.

Although K1 is typically used to encrypt or decrypt data, for the purposes of this document, K1 is the thing to be encrypted. It will not be used to encrypt or decrypt anything.

Problem:

How to safely store a backup of key K1 online such that the end user can access it from any device if he has both the password P1 and something else that is not mathematically related to K1.

Method 1, the "something else" is a one-time pad:

Create a random one-time pad, R1, which is the same size as K1.
"Encrypt" (XOR) K1 with R1 then encrypt both with P1, creating the safe copy S1. Store S1 online.
Print off a copy of R1 such that it can be easily photographed and re-constructed. Store R1 or an encrypted version of it in a safe place, such as a safe-deposit box or distributed in parts to trusted secret-keepers.
Without R1 it is provably impossible to extract K1 from S1, so S1 is "safe."
R1 by itself is useless.
R1 with S1 constitutes a compromise but it will mean the attacker has to either guess P1 or exhaustively search for it.

If the person loses their local copy of K1, they can use R1, P1, and S1 to reconstruct K1.

Method 2, create a file S2 which from which is computationally hard to extract K1 without P1, acceptably moderately difficult to extract K1 with P1 and no other information, and easy to extract K1 with P1 and "something else" not related to K1.

For example, create a one-time pad R2 which consists of P1 combined with some random-ish filler-number B2 whose size is dependent on how "moderately difficult" it can be to extract K1 given only P1.

If this pad R2 is at least as long as K1, proceed on as in Method 1: "Encrypting" (XOR) K1 with R2 and encrypting both with P1, creating a safe copy S2. As neither P1 nor B2 are known or predicatble, S2 is safe.
The time to recover K from S2 with only P1 will be the time it takes to go through all (or, on average, half) of the possible values of B2. Since the length of B2 was chosen in advance based on how hard this decription should be, K1 will be recoverable in a predicable, acceptable amount of time. With B2 and P1 recovering K1 from S2 is quick.

If the pad R2 is not as long as K1, one option is to re-use the one-time pad and as such will not satisfy the goal o being "comptationally hard to extract K1 without P1," but it may be good enough for some applications.

A different solution is to encrypt K1 with P1 (the file that is normally stored on the person's local computer will qualify) then encrypt the result with either B2 or some combination of P1 and B2 to create S2. The difficulty of extracting K1 from S2 with only P1 depends on the time it takes to go through all (or, on average, half) of the possible values of B2. Depending on the lenghts of P1 and B2 and the encryption algorithms used, this may not be safe enough. With B2 and P1, recovery is quick.

This method has the advantage that the "something else," B2 in this case, need not be kept at all.

A typical scenario where the "B2" method would be preferred over the "R1" method is where it is acceptable if key K1 becomes unavailable for an extended period of time in exchange for a zero-risk that an adversary will acquire or discover R1.

User Journal

Journal: A self-proving identification card:

Journal by davidwr

A self-proving identification card:

Display in human-readable and computer-readable form:
Identifying information such as name, card number, issuer/certifying agent, expiration date, face or thumbprint, signature, etc.

Display the same in a computer-readable form. For easy-to-scan things like letters and numbers that are on the card in a pre-defined layout, the human-readable form and computer-readable form may be identical.

For things like a photo, the computer-readable form may be a simpler version, such as an 8- or 16-color 64x64 bitmap.

Have the comptuter-readable form be digitally signed by the issuer/certifying agent and have the signature on the card in both a computer- and human-readable form.

Have the scanning device display the computer-read data in a human-readable form so that a human being can compare what is on the screen with what is on the card.

The same human being would compare what is on the card with either another form of ID or, if the card had a picture or thumbprint, with that of the person presenting the card.

OPTIONAL:
Some information on the card could be encrypted and require a password or other authentication token to decrypt.

Other than this optional part, the card would be "self proving" provided that the public key of the issuer/certifying agent was available to the authentication terminal.

User Journal

Journal: Privacy for the Surveillance Age 3

Journal by Burz

Invisible Internet Project...
      I2P is best described as a cross between Tor and Bittorrent. That is to say, the onion routing benefits from the fact that most participants contribute to the available bandwidth. It does also come bundled with a bittorrent client and email service. A number of other I2P apps are available including i2P-Bote, a new server-less email system based on DHT.

Qubes OS...
      Qubes is a desktop OS based on a customized Xen hypervisor. It ships with Fedora 18 to provide Linux desktop functionality, but can also host Windows and other VMs. The philosophy here is that paravirtualization, VT-x and VT-d are all employed in concert to reduce the system's attack-able surface to the base minimum while still providing the functionality of a desktop.

My choices in this area amount to a pretty short list because each one is comprehensive in its approach to privacy and security. I2P keeps everything encrypted and anonymous end-to-end without the worrying about app-specific encryption settings (PGP, OTR, HTTPS, etc) which leads to inconsistent usage. That means using mostly I2P-specific apps, though Firefox for I2P Web is the current exception. Qubes OS secures the system by keeping the high-risk subsystems - IP, firewall and X11 - in their own read-only VMs, and also runs my apps in separate domains according to the trust/risk levels I assign to them. For example: a 'banking' appVM to access bank accounts in Firefox, a 'personal' appVM for email, chat and personal files, an 'untrusted' appVM for general roving around the unsecured Web and multimedia entertainment, an 'i2p' appVM for the growing amount of anon/private communications over I2P, etc. The Qubes project goes so far as to claim "strong security" and I believe them... this is not your run-of-the-mill VM system.

More about some of the interesting features in these puppies later...

User Journal

Journal: Well, that about wraps it up for e-trade. 2

Journal by jcr

E-mail to Neal Martin, E-trade's vice president of customer service:

Well Neal,

I doubt that this message will actually get to you personally, but what the hell.

After the fracas over the last few weeks in which e-trade failed to issue me a second ATM card, I finally got around to transferring the bulk of my shares to a competent broker.

The automatic mail from e-trade notifying me of the transfer included this paragraph:

E*TRADE strives to achieve best in class service and is focused on meeting all of your financial needs. We would like to understand your reason for your transfer out and see if there are any improvements we can make to serve you better in the future. If you have the time to discuss, please call us at 1-800-ETRADE -1 (1-800-387-2331).

The fact is, after going around with your underlings a few times on my requirement for a second card, and having told each of them several times that this was a deal breaker, I know that the claim that youâ(TM)re âoestriving to achieve best in class serviceâ is nothing but marketing drivel. Indeed, my direct, personal experience has shown me that my business isnâ(TM)t important enough to get on the radar of anyone who would actually solve the problem.

I had already planned to find another broker, but the thing that made me hurry up and do so was receiving your oh-so-thoughtful gift of an e-trade gym bag. So, after refusing my very simple request, you apparently assumed that Iâ(TM)d be satisfied if I just got a bag to advertise an incompetent financial institution to my friends.

Looking at the transaction log, I see that e-trade has charged me $25 for the privilege of taking my property elsewhere. Now, Iâ(TM)m sure you have something in your fine print that allows you to do that, but itâ(TM)s still kind of shitty on your part. Given that youâ(TM)re not even capable of issuing two cards on one account (as you had done for the previous decade or so), waiving that fee is probably entirely beyond the capabilities of the fifth-rate keyboard monkeys in your so-called âoeIT departmentâ, so you can go ahead and keep it. Iâ(TM)m getting a nice welcome gift from your competition, which I didnâ(TM)t even ask for.

Would you like the gym bag back?

-jcr

User Journal

Journal: Even less impressed with E-Trade. 3

Journal by jcr

Got this from some minion at E-trade, since the VP I wrote to was apparently too busy to answer a customer personally:

Good Morning Mr. Randolph,

We received your email inquiry to our VP of Customer Service, Neal Martin on 8/5/13. We regret that we are unable to accommodate your request for two ATM cards for your account. We appreciate your feedback and it has been shared with management and our product teams for review. If you have any additional questions or concerns feel free to contact me at [phone number deleted]

Thank You,

[Name redacted]
Corporate Support Manager
Alpharetta GA
E*TRADE Securities LLC
[phone number redacted]

Manager? Yeah, right. In a functioning company, a manager is someone who takes the initiative to solve a problem.

I left the VP's name because he fully deserves to have this come up when someone googles him in the future.

My response:

[redacted],

You might mention to Neal Martin that when a customer responds to an email message that has his name on it, itâ(TM)s rather poor form to pass the buck to someone else unless that other person is capable of solving the problem.

I was a more-or-less satisfied customer of E-trade for over a decade. I will be transferring my assets to another broker in the near future, as soon as I determine which of your competitors can demonstrate the competence that E-trade has abandoned.

-jcr

User Journal

Journal: Rather unimpressed with E-Trade today.

Journal by jcr

I've been a customer of theirs for over a decade, and I've had two ATM cards for the same account for many years. Recently, I needed to cancel one of the cards and instead of just replacing that card, they cancelled both of my cards. I just sent the following message to Neal Martin, VP of customer service at E-trade.

Neal,

I got a call from one of your employees this morning, Meagan something, who told me that after looking into it she wasnâ(TM)t able to find a way to issue a second card for my account. Her suggested workaround was that I should open another account, and get an ATM card for that account.

So, because of your IT departmentâ(TM)s refusal to fulfill a very simple request, E-tradeâ(TM)s âoesolutionâ is that I should give you MORE of my business, and incur whatever additional costs are associated with having a second account. Not to mention that using a second account means that if I lose a card while traveling, Iâ(TM)ll either be dead in the water for a day while funds get transferred to that second account, or Iâ(TM)d have to have money parked in that second account already.

Now, Iâ(TM)m a software engineer myself with a fair bit of experience in financial systems. In my Wall Street days, I worked at JP Morgan, Salomon Brothers, and UBS/Warburg. I know that there is indeed a way to solve the problem at hand, even if it requires manually editing a database to make it happen. If my business is important enough to you, youâ(TM)ll direct your IT department to do so.

In the meantime, I suggest your inform all of your employees in customer-facing roles that âoesecurity policy" is not an excuse for incompetence.

-jcr

The message above was a follow-up to this one:

Hello Neal,

I have been an E-Trade customer since 2002 or thereabouts, and I currently have about [redacted] in assets on deposit with e-trade.

Iâ(TM)ve got to say, Iâ(TM)m on the verge of taking my business elsewhere and itâ(TM)s because of something that should be trivial for you to solve.

Iâ(TM)ve had two debit cards for my account for a decade or more, and Iâ(TM)ve just been told that I can only have one now. This doesnâ(TM)t work for me, because I travel quite a bit, and I like to keep one card in the safe in my hotel room, and have the other one on me. If I lose a card while traveling, I do not want to be stranded without a way to access my funds.

Yesterday, I spoke with a representative who told me that he had figured it out and was sending me an additional card, but this morning he called me back and told me that he couldnâ(TM)t do it after all. Just now, I spoke with another representative from your âoeCorporate Relationship Managementâ team, and heâ(TM)s looking into it.

Iâ(TM)ve generally been happy with E-trade up to this point, but if you canâ(TM)t issue me two cards as before, itâ(TM)s a deal breaker. I hope you get this figured out.

Also, donâ(TM)t put your name on an e-mail address that doesnâ(TM)t go to you directly. Itâ(TM)s insulting.

-jcr

The upshot is I did some shopping around and found that Scottrade's fees are lower than E-trade's. The first brokerage company I find that can issue two cards on one account will get my business.

User Journal

Journal: Another interesting stint at Apple. 5

Journal by jcr

For the last two years (almost), I was back at Apple working on the UI frameworks that the ProApps and the iApps use to give them their distinctive look. Interesting work, nice people to work with, and now I can say that there's some of my code in most of Apple's Pro and consumer apps on the Mac.

To everyone in PhotoApps, ProApps, Frameworks, and Dev Tools, thanks much! I enjoyed working with you.

-jcr

User Journal

Journal: Quickly Mirandize arrested people no matter how serious the crime. 1

Journal by davidwr

The surviving Boston Bombing suspect has not read his rights and as of Monday April 22, 2013, it's been several days since his arrest. Law enforcement has already said they believe the two bombers were acting alone. It would be one thing to press a suspect for information if you catch a guy and think an accomplice is about to set off another one within hours but anything after that is trampling on the Constitution. Therefore we petition the White House to only use the "imminent threat" exception to the Miranda warning when the threat really is imminent and getting information now is more important than preserving the Constitution.

White House Petition URL:

https://petitions.whitehouse.gov/petition/quickly-mirandize-arrested-people-no-matter-how-serious-crime/DncN0Pm2

Crime

Journal: Handling older juveniles accused of serious crimes

Journal by davidwr

Handling older juveniles accused of serious crimes

Most states try to certify older juveniles arrested for serious crimes as adults. "You do an adult crime, you do adult time," as the saying goes.

The human brain's moral centers don't reach full adult maturity until the early or mid-20s. This is reflected in our law and legal history.

Until the Vietnam era, some states would not let you vote until you turned 21. The logic was that young adults were too immature or ill-informed to vote responsibly.

While we now give anyone old enough to serve in the military without his parent's consent the right to vote, we have taken away the right to buy or consume alcohol without parental supervision. We did this because we saw that way too many people under 21 were using alcohol irresponsibly and killing or maiming themselves and others as a result. Prior to the laws being changed, people over 21 drank irresponsibly and killed people at a significantly lower rate than those under 21.

Knowing this, we need to change our court system so those convicted of crimes done before age 18 are at least offered a path to rehabilitation and, once their complete sentence, parole, and a possible short period after parole is complete without any new crimes committed as an adult, the assurance that their records will be sealed.

At least one state has implimented the option of a "determinate sentence" for youth over a certain age but young enough to be tried as a juvenile. Here is how it works:

* The prosecutor decides not to ask for an adult trial OR a judge turns him down
* The youth pleads guilty or is convicted and given either a "determinate sentence" of a stated number of years or decades, an "indeterminate" (traditional) youth sentence which means he gets out by a certain age or sooner, or a non-prison sentence such as home confinement or youth probation.

Assuming he gets a "determinate sentence" and is not yet old enough to be transfered to an adult prison:
* The youth goes to a youth correctional facility with a focus on rehabilitation
* If the youth serves enough time to be paroled before becoming a young adult, he MAY be paroled
* Under some situations, the youth may be paroled or discharged when he becomes a young adult
* If the youth is not paroled or discharged at this time, he is transferred to adult prison
* The now-adult inmate will eventually become eligible for parole if he his not already
* The inmate or parolee eventually serves his stated sentence and parole and is discharged
* The juvenile record is sealed

That last item is key. It's the "you can start your life over now, the mistakes of your immature-brained youth are forgiven" element that any society with a moral compass will have as part of its juvenile justice law.

Crime

Journal: Reforming Criminal Statutes of Limitations: A Phased-In Approach 1

Journal by davidwr

Reforming Statutes of Limitations: A Phased-In Approach

Current statute of limitation laws are "all or nothing."

If the prosecution decides to file charges 1 day before the time limit expires, you can get the full sentence, even if you've been a responsible citizen for years after the crime.

But if they wait one day later, you are off the hook.

This is unfair to the guilty party and to society.

The purposes of statutes of limitations include:
* encourage swift justice, discourage prosecution laziness
* give people who have committed long-ago crimes some certainty that it really is behind them, at least with respect to criminal charges

====
A phased-in approach would be better.
====

Set an initial time period based on the minimum sentence, within a range of 1-10 years. Any charges brought before this time expires would not be affected by statutes of limitations.

Set a maximum time period based on the maximum possible sentence PLUS the initial time period. Any charges brought after this time period could be tried but there would be no prison term.

If charges are filed between these times, the trial and sentencing would be carried out as normal, but the newly-convicted criminal would be given day-for-day credit for time served for each day of delay after the initial period expired. The fact that he would be given such credit could not be used against him during sentencing or parole-eligibility or mandatory-release determination. However, the parole board can decide he hasn't spent enough time behind bars and deny parole up to but not past his mandatory-release date, if any.

====
Some examples:
====

A person committed second-degree murder 12 years before charges were filed. The law says the judge can sentence him from 2 years on the low end to 20 on the high end. The judge sentences him to 15 years. He gets 12-2=10 years of credit, so his effective sentence is only 5 years even though his criminal record will show a 15-year sentence.

A person stole a car 25 years ago. The police found the car with DNA but "John Doe DNA" indictments aren't allowed for property crimes in that state. 25 years later the same guy is arrested on a relatively minor felony. He is convicted and gets 1 year on the new felony. He could get 2-20 on the old car theft charge. He's charged and pleads guilty but no matter what the judge sentences him to, since 25-2=23 is more than the maximum sentence he will not serve any prison time for the car theft. He will, however, have a second criminal conviction on his record. If he later commits a third felony he may face serious prison time under "3-strikes" laws.

====
====
Some special considerations:
====
====

====
Tolling the statute of limitations:
====

Current rules on tolling would not be changed. Most states toll the statute of limitations for:
* Fleeing the jurisdiction
* Legal incapacity of a key witness, such as being a minor or medically unable to testify
* Intimidation or perceived intimidation of a witness, such as if the victim is financially or otherwise dependent on the alleged criminal
* An ongoing criminal enterprise
* Judicially granted extensions for an ongoing investigation
* "John Doe" indictments against the person matching a DNA sample, photograph, or other evidence that is presumed unique to the alleged criminal
* Any pending charge, once an indictment or equivalent is made

====
Reduction of charges by the prosecutor:
====

The prosecutor would be allowed offer reduced charges before conviction while allowing an effective sentence up to the same as if the original charges were filed (but no more than the maximum actual sentence on the reduced charge). Take the murder case above: The prosecution could offer a plea of manslaughter, which carries a 2-10 year sentence, on the condition that the person accept a 10 year sentence but serve the same 5-year effective sentence he would serve on the more serious charge. If it was to his advantage, the newly-convicted murderer could ask the parole board to treat him as if he had served 75% of a 20-year sentence.

To prevent abuse by prosecutorial bullying, if the effective sentence on the lesser charge under this rule is more than the effective sentence if the lesser charge had been the original charge, the actual plea would be the legal equivalent of pleading guilty or no contest to both charges with a judge acting on the prosecutor's motion to dismiss the higher charge. Since all pleas are under oath, a prosecutor encouraging a false plea is suborning perjury.

====
Reduction in charges by routine clemency:
====

A modified version of this would reduce the charge to match the maximum effective sentence, or to some "minimal" charge if the maximum effective sentence was zero as in the car-theft example above.

For example, if routine clemency were offered, the murderer would still be stuck with his original charge since 5 years is within the sentencing range for his crime. But the car theif would have his charged administratively reduced to the highest felony theft charge that allowed probation of 1 day or less, or to a special charge created by lawmakers for this purpose.

====
Effective dates of discharge and release when considering post-release and post-discharge conditions:
====

The date of discharge is no later than what the date of discharge would have been if the person had started serving the maximum sentence on the day the initial time period expired, plus extensions for tolls of the statute of limitations.

For example, if a person committed 2nd degree murder in 1970 and could have received 2-20 years, any conviction today will be considered to have been discharged in 1992.

If there are any post-discharge conditions or legal disabilities that are based on time, he will be given credit for all time since 1992 towards fulfilling these conditions and towards the eventual expiration of these legal disabilities.

====
Ultimate expiration of the statute of limitations
====

Allow only a specific period of time, such as 5 years for felonies or 1 year for misdemeanors - after the time where all legally-imposed time-based post-discharge penalties will have expired to file charges.

This allows prosecutors a short additional window to gain a "symbolic" conviction or to brand someone a criminal years or decades after a crime, while giving society a "date certain" beyond which they won't have to interrupt their lives to face possibly-false allegations of long-ago alleged crimes in criminal court.

====
Effect on fines
====

This plan is not designed to change the fine schedule.

====
The bottom line: The practical effect
====

Some example crimes and the effect of this change on them:

Petty crimes: Maximum sentence of 1 year or less:
1 year to bring charges to get the full maximum sentence.
2 years and a day to bring charges at all.
Latest discharge date after back-dating applied: 2 years after crime committed.

Higher-jail-time crimes: Minimum sentence 1 year or less, maximum sentence 2 years, no post-discharge conditions
1 year to bring charges to get the full maximum sentence.
3 years and a day to bring charges to get any jail time.
This is also the latest release date and the latest discharge date if the discharge date is back-dated.
4 years and a day to bring charges at all.

Low-prison-time crimes: Minimum sentence 2 years, maximum sentence 10 years, 5 years of post-discharge conditions
2 years to bring charges to get full maximum sentence.
12 years to bring charges to get any prison time.
This is also the latest release date and the latest discharge date if the discharge date is back-dated.
17 years to bring charges to get any post-discharge conditions.
22 years to bring charges at all.

Medium-time prison crimes: Minimum sentence 5 years, maximum sentence 40 years, 10 years of post-discharge conditions
5 years to bring charges to get full maximum sentence.
45 years to bring charges to get any prison time.
This is also the latest release date and the latest discharge date if the discharge date is back-dated.
55 years to bring charges to get any post-discharge conditions.
60 years to bring charges at all.

Very serious felonies less than life: Minimum sentence 10 years, maximum sentence 99 years, up to 25 years of post-discharge conditions
10 years to bring charges to get full maximum sentence
109 years to bring charges to get any prison time
This is also the latest release date and the latest discharge date if the discharge date is back-dated.
134 years to get any post-discharge conditions
139 years to bring charges at all

In practical terms:

If the person COULD have received a sentence that would have had him in prison for the rest of his life if he'd been charged by the end of the initial period, there is no statute of limitations.

If the person COULD have received a long sentence that would've had him under post-discharge conditions for the rest of his life if he'd been charged by the end of the initial period, he'll live to see daylight but there is no statue of limitations.

Crime

Journal: Don't write off criminals when it comes to hiring and housing

Journal by davidwr

Don't write off criminals when it comes to hiring and housing

In some states a felony record is a de facto bar from renting decent apartments or getting decent jobs for life.

A more reasonable approach would be to limit how employers and those providing routine services to the public could treat you based on how long it has been since you were in prison, on parole, or on a parole-like supervised release.

Absent special situations such as those listed below, I recommend the following as a STARTING point for how to treat ex-cons when it comes to housing and employment:

Anyone on probation or parole: Positive, neutral, or negative recommendaiton from probation or parole officer should override time-since-discharge.

Anyone who has made himself accountable to another person or group in a legally-binding way that is accredited by the state: Positive, neutral, or negative recommendaiton from probation or parole officer should override time-since-discharge.

Anyone who has made himself accountable to another trustworthy person or group other than above: If the person or group can be trusted, their positive, neutral, or negative recommendaiton from probation or parole officer should override time-since-discharge.

Anyone discharged person not on parole or probation and not under legally-binding accountability who had at least 3 years of such supervision, whose last 3 years showed consistent positive recommendations, and who has had no negative indicators during those 3 years or since: Treat as a positive recommendation.

Anyone discharged person not on parole or probation and not under legally-binding accountability who had at least 3 years of such supervision, whose last 3 years showed consistent positive recommendations, and who has had no negative indicators during those 3 years or since AND who has been discharged from the legal system for 3 years for a misdemeanor or 5 years for a felony: Consider rehabilitated.

Anyone discharged from the legal system for 5 years for a misdemeanor or 10 years for a felony and no negative information during that time: Consider rehabilitated.

Anything in between: Treat it on a case-by-case basis. While summarily denying housing or employment based only on criminal activity may be efficient from the landlord's or employer's point of view, it is very inefficient from society's point of view. Although they may not be able to measure it, the landlord and employer pay "their share" of this inefficiency every time they turn down someone just because of a criminal record. If every landlord and every employer would do "their part" and not automatically disqualify criminals except where required by law, society would be better.

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Special situations that might require special handling:
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* Parole and probation officers and others who are known to "grade high" or "grade low" or who are not willing or able to justify their assessments
* Anyone with a recent history of gang involvement
* Anyone with an offense against another person can't demonstrate he is a low risk of hurting people again
* Anyone with a recent history of lack of self control that is likely to lead to criminal acts affecting housing or employment
* Anyone whose specific criminal history legally disqualifies him from a particular job or for promotion opportunities expected to be earned by those holding the job
* Anyone whose specific criminal history legally prevents him from residing in a particular location
* Anyone with a current or only-recently-resolved emotional issues which this job or housing situation may re-trigger, but only if such issues are likely to impact the housing or employment in question or are more likely to result in a parole or probation violation, or result in a new criminal offense than denying the employment or housing in question. For example, expected absenteeism due to violating probation is grounds for denying employment.

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Some legal changes that should be made to make this happen
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Landlords and employers should have general immunity from civil lawsuits if they rent to or hire a person with a criminal record, provided that they make a good faith effort in all of these areas:
* The employer or landlord checks the employee or tenant's recent (last 7-10 years for felonies, less for misdemeanors) public criminal record.
* If the employer takes risks that are ALREADY considered by applicable law to be "high risk," he either provides risk mitigation or alerts affected parties so they can manage their own risk. For example, a white-collar crook with access to a company's books requires either checks and balances to prevent fraud or notification to all stockholders so they can sell or vote to fire the management if they choose. A landlord renting to a person with recent criminal convictions for gang activity or any such convictions and any known recent gang-related behavior should forward this information to local police so they can step up patrols.
* If a landlord or employer has a significant concentration of criminal tenants or employees AND as a group the total tenant base of the property or the total employment at any one location during any one shift represents a significantly higher risk to anyone as compared to a property or location of employment with a randomly-selected group of individuals, the employer or tenant either mitigates the risk or alerts those put at risk that they need to watch their back.

Landlords and employers should be financially encouraged to house and hire those straight out of prison.

All inmates approaching a possible release date and all recently-released convicts should be given free access to credentialed rehabilitation specialists who are funded well enough to do their job right. These specialists will be in a position to provide positive, neutral, or negative recommendations regarding the suitability of a particular individual for a particular housing or employment situation from a public-risk perspective. Such individuals should have legal immunity for making a recommendation that later turns out to be incorrect.

"Don't worry about people stealing your ideas. If your ideas are any good, you'll have to ram them down people's throats." -- Howard Aiken

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