What happened to the legal standard that new laws cannot be applied ex post facto?
I don't understand how that relates to this situation. A prohibited ex post facto law is one which criminalizes or imposes a penalty for an act which occurred before the law was enacted. For example, a new law which raises your taxes for last year and makes you pay the difference now. Or a law which makes it a crime to have previously consumed alcohol before the law was passed. This does not seem related to the case at hand.
Per the decision:
The preliminary injunction entered by the district court is hereby vacated and the case remanded for such further proceedings as may be appropriate.
It doesn't overturn the previous finding that the program is unconstitutional - it makes it like that finding never existed in the first place.
That's not what that means. The appellate court vacated the preliminary injunction, they did not reverse a legal determination on constitutionality. As one of the other commenters noted, I actually oversimplified the ruling - they didn't even determine that the plaintiff definitely can't pursue the case, they just determined that he can't get a preliminary injunction because there aren't enough facts to support his standing yet.
"The appellate court explicitly did NOT "overturn" the district court's substantive finding that the program is unconstitutional. This ruling is procedural, and unrelated to the merits of the legal arguments about constitutionality of the NSA program."
+1 for that part of your comment.
"The court instead found that this particular plaintiff does not have standing to challenge the program in court."
-1 for that part of your comment. They didn't rule that he didn't have standing (well, 1 of the 3 judges did, but the majority did not), or that the trial can't proceed. They simply said that there's not enough evidence of standing shown in the pre-trial phase for an preliminary injunction (which they say requires a higher bar than the standing requirement needed to proceed with the trial). The trial can proceed, where more evidence can be obtained and presented.
BTW - the latest empytwheel.net post highlights some brand new evidence showing that the plaintiff has standing.
You're right. I oversimplified it. They found that, based on the record as it stands currently, there is not adequate evidence to show standing - but there might be later after more discovery. The case is not dismissed, the preliminary injunction is just denied.
"web-scale data centers are designed to cope with hardware failures". So.... it's OK if you use my motherboard design and they randomly fail, because you should just make up for that in software or hardware redundancy? Um, no.
That's exactly what it means, and how it works. When you have tens of thousands of nodes, some of them WILL eventually fail during operation, no matter how good the hardware is. Thus, the software must be designed to accommodate hardware failures and seamlessly continue operation without interruption or data loss. If you already have to design the software to handle that anyway, then there is not much incentive to go to great lengths to improve hardware reliability. Whether the failure rate is 1:100000 or 1:1000 annually, the result is the same on the software side. But if the less reliable hardware is dramatically cheaper (which it is), then it makes more sense to use the cheap hardware and replace it more often.
1. Powered Flight 2. Bending Light 3. Traveling Greater than 300mph 4. Transparent Aluminum 5. Artificial Diamonds
All of these "Feats" of human ingenuity were once thought to be impossible by the physics standards of the day.
Physics and our understanding of it, continues to evolve every moment we live.
To say the words "It Cannot Be Done" after seeing all we have done already... Is kind of foolish.
We will learn how to accomplish this feat, or one very similar that accomplishes the same goal, Eventually...
That, is the power of Consciousness My Friends.
All hail the thinking, reasoning, Problem Solving, Human Consciousness!
Hold up there, turbo. Transparent aluminum? Surely you're not serious. And don't post a link to something about aluminum oxide or other ceramics.
The way to make a small fortune in the commodities market is to start with a large fortune.