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Comment Re:Better question... (Score 1) 273

In addition to AC above (#44344303) you are completely misunderstanding Smith v Maryland. Paste any part into a search engine and find it yourself, and read it. Specifically the part about involuntary information, and most definitely related to caller ID and location information:

"First, it is doubtful that telephone users in general have any expectation of privacy regarding the numbers they dial, since they typically know that they must convey phone numbers to the telephone company and that the company has facilities for recording this information and does in fact record it for various legitimate business purposes. And petitioner did not demonstrate an expectation of privacy merely by using his home phone rather than some other phone, since his conduct, although perhaps calculated to keep the contents of his conversation private, was not calculated to preserve the privacy of the number he dialed.

Second, even if petitioner did harbor some subjective expectation of privacy, this expectation was not one that society is prepared to recognize as "reasonable." When petitioner voluntarily conveyed numerical information to the phone company and "exposed" that information to its equipment in the normal course of business, he assumed the risk that the company would reveal the information [442 U.S. 735, 736] to the police, cf. United States v. Miller, 425 U.S. 435 . Pp. 741-746.

Good luck with those critical thinking skills, you're on the right track, but sadly not there quite yet.

Comment Re:Probably because you don't make sense? (Score 1) 273

You wouldn't trust a crackpot like that with your property, why should you place trust when that crackpot is the government?

I can't think of any society, ever, that has an election and/or nomination process for strangers at your door. And few wouldn't allow you to simply say "no", close and lock the door, and call the police (the real government).

Governments do have some accountability and traceability, while a stranger does not. Governments have some semblance of provenance, even if you disagree with its origin, while a stranger does not.

Besides being completely wrong, it shows how little the government thinks of property rights. The information belongs to your phone providers/Facebook/etc, it's their hard drives, you need a narrowly-scoped warrant to compel them to hand over that information, end of discussion.

Wow, you really believe that your opinion is the law, don't you?

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,

The real comparison here isn't with Facebook, although if your friends connect with HTTP instead of HTTPS it might as well be. Instead of a third party, HTTP shares this information with fourth and fifth parties. It is not your fiber, not your backbone, not your router, not your internet. The internet is not your person, your house, nor your papers.

Your house may be your castle, but once you do business outside of it, you are no longer protected by your walls. If you insist on lumping data you generate into the "effects" part of the amendment, you have a really long fight ahead of you.

Again, your opinion, right or wrong, does not make any sense given the interpretation of the Constitution and its Amendments that we have inherited from case law, before and after its framing. Effects has long stood for personal property, and the infrastructure of the internet is not your personal property.

Once you give information to a third party, it is no longer secret except by client/attorney privilege or spousal privilege. Telling me to tell your wife something is very much not the same as telling her directly, or writing her a letter, or engraving it in stone and placing it in her personal handbag.

Comment Re:More than ability to tax, is the lack of sharin (Score 2) 273

Imagine for a moment that you actually are a terrorist, here in a sleeper cell, waiting for direction.

Now imagine that you are the NSA, FBI, or CIA, or other government office. You suspect the terrorist, but don't know for certain if they will act. Do you trust them? Do you add their notations to their file?

A citizen then, a domestic terrorist like McVeigh or the folks in Waco. Still being monitored, but allowed the right to annotate your own file. What good does it do?

Do you think it would stop someone from acting if law enforcement simply said "we're watching you"? Or would they take to more traditionally preserved rights such as letters in sealed envelopes, or encryption?

What if you, now as the terrorist, could ask if the government was on to you and you could see your file? No annotations because you opt not to, but you could report back that you are either being watched, or that you appear to be free of surveillance?

Having considered that, what do you think the likelihood is of:

1) Seeing your whole file
2) Seeing anything at all, even if it is a bluff/lie
3) Having your feedback considered in any seriousness other than an addition to your file

?

Do you think that your comment "I know my good friend Sakhbir is a known terrorist, but I only hang out with him because he's a great wingman" will be taken into any account?

I thought with "reciprocity" you were going to ask for information about the government's programs. Instead, you want to give them even more information about yourself. I doubt you thought this through, nor did the 3 or hopefully more people who modded you interesting.

Comment Re:Neither (Score 1) 273

Allow me to paraphrase aaaaaaargh! (1150173)

Have canceled my FB account a long time ago, but still can't opt out of giving the government information.

I'm fairly certain that was the tenor of the post. You can't opt out of the government completely - unless you travel on private roads only, and purchase goods and services which did not travel on government roads, and did not get farm subsidies. Nearly impossible.

So here is how the two posts read together -

  • aaaaaaargh! : Giving info to Facebook is voluntary, that's the difference
  • Teckla : You have to vote and contact your elected officials for government to work, and if you don't then secret spying programs are your fault
  • Everyone: WTF?

Comment Re:Rhetorical question (Score 4, Insightful) 273

Easy answer is not to respond.

The question is a false premise. It's not the same people giving info to Facebook but not wanting the government to have it. A small group of privacy advocates are arguing on behalf of those who don't understand what giving information away can do.

Lots of people have no problem with government - if they want to read my shopping lists, or listen to me talk to my wife or kids about whatever, let them.

The question is only valid for a small subset of people - and I say first you would have to find them, and then ask them.

Plus, we are not "giving information to Facebook" - we are giving it to our friends, and the fact that Facebook has to have the data is transparent, and largely not understood. I think that explains it much better.

The question was poorly formulated because it was supposed to be a rhetorical "gotcha" that made you think - well when you say it like that, the government can have whatever it wants to have. And so many people fell into the trap of considering it a real question that deserves an answer.

Comment Re:The stock market isn't based on real value (Score 1) 467

Your oversimplification of the stock market leaves out a large number of traditional investors who do vet company performance, and look for value such as dividends. They use statistic too, although the stats traditionally come in text form. It sounds like you got your talking points from other people without doing much research to validate it.

A large number of trades are high-frequency trading, but as you said it is usually a few pennies per share and hardly impacts the market (outside of the rare flash crash). A lot of automated trading is still based on market news, such as

... the contract carves out an even more elite group of clients, who subscribe to the "ultra-low latency distribution platform," or high-speed data feed, offered by Thomson Reuters. Those most elite clients receive the information in a specialized format tailor-made for computer-driven algorithmic trading at 9:54:58.000, according to the terms of the contract.

http://www.cnbc.com/id/100809395

That was suspended 8 July, but if you search for more on that you will find similar perks that elite traders get. Do note, the Yahoo article is about HFT because it happens on low-latency platforms, but that is still news-based trading, not the algorithmic sort of HFT.

Counting trades, the market does look like automated systems battling it out. But counting investors (individuals and financial groups such as fund managers) it's largely still about reacting to market news. The Reuters news above basically has analysts figuring out what to buy, sell, or hold, and advising clients of their findings - still traditional market valuation. And the news here is that Microsoft is rapidly losing ground to competitors due to making boneheaded decisions like RT.

Comment Re:A step in the right direction (Score 2) 109

I have seen such a suggestion numerous times, and still have to remind people:

The people who make the laws have to either implement such a system, or require that it be implemented. Either way, they will fuck it up beyond any value due to endless compromises between the new guy who wants openness, and the old guy whose career was nearly ended by his naive interest in openness early in his career.

I'm not discounting the possibility. In the highly unlikely event that it happens, I am doubting it will work anywhere close to what you want. And probably will be worse. So you're going to need some specifics on the implementation, or you're just hoping for sunshine and unicorn farts.

Comment Re:Then maybe it's time for some new laws... (Score 5, Insightful) 259

The only time law enforcement needs a warrant is when the only person or organization that has a copy of the data says "no, you need a warrant".

If you have a vehicle, house, or letter, and law enforcement asks if they can look about, and you say yes, you just waived your rights. If someone has your data, regardless of whether you think it belongs to you or not, and law enforcement asks to see it, that someone can say yes and they just waived their rights. Because someone else has a copy of your data, they can waive *your* rights.

The problem here is really about how hard a group has to push back. With a National Security Letter, or visit from an agent, or any request other than a warrant, someone has to first say "no" to the request.

The 1986 Electronic Communications Privacy Act only comes into play in these situations. I think it's important to consider that all of this hand-wringing is nowhere near the total number of requests that require hand-wringing.

Comment Re:Easy solution (Score 1) 364

That's not an easy solution - that's ignorance. What if the URL used to point to infringing material, but the content was replaced? I could offer a VLC download that is actually a Game of Thrones episode, and swap content when interest dies down. Many other situations where your zero tolerance of the rich policy fails completely.

Your proposal is a knee-jerk response assuming that only the people who deserve punishment will ever be on the wrong side of a takedown request.

Keep in mind that the person offering content is the only person going "out on a limb" by offering content, and they are the only party required to attest that they are indeed the copyright owner, or are otherwise legally clear, in order for the content to be restored. This seems fair on the surface.

Obviously HBO is a bunch of dickheads, and given the number of bad takedown requests their legal representatives should probably be sanctioned for those requests. The request also has to include both a good faith belief that the materials are not legal, and a statement attesting to accuracy. In both of those regards, single requests may hold up, but clearly the ridiculous pile of requests does not. And making a false claim is also against the law.

Punish the people who made the claim - if they are lawyers they have a higher standard of providing correct information. If they are not, they are still subject to legal action. It gets murky when the claimant is a foreigner, which is why they get US companies to complain overseas, and foreign ones to complain in the US.

And there are already laws on the books to deal with the problem, as far as it is possible to do so. Your $100k fine is not going to affect [Private] IP-Echelon Pty Ltd, AU. They have a presence in Hollywood, but the claim seems to come from the Australian office. So good luck with your non-solution - hope you screw over the people who can least afford it, and annoy the people who will laugh it off then wonder what sort of monster you created.

Comment Re:Neutral vs. naive (Score 1) 204

Rather, they are making a statement that - because of recent revelations - they will no longer be offering an open hand to those officials.

Wait, were you reading the same thing I was?

Therefore, I think it would be best for everyone involved if the feds call a âtime-outâ(TM) and not attend DEF CON this year.

That got the slashdot headline "DEF CON Advises Feds Not To Attend Conference", which got translated to "not allowing U.S. Federal agents to attend".

That's a hell of a lot of drift. Your final sentence was the only remotely supported statement, and that's just because we know they are going to send at least one mole, and probably multiple moles in case one gets outed.

Comment Re:Make a deadline for additions (Score 3, Insightful) 221

Making a new policy like that will not happen in an environment with "feature changes and requests that are expected to be included in this week's package". The expectation is there, and the history is there. Making a huge change like that requires getting everyone to change their expectations.

We don't have enough information to give a diagnosis. What kind of software gets a weekly build, where people expect features to be in that package and usable?

I don't see any testing - commits happen, a weekly build happens, and then what? There has to be some sort of stabilization period where someone is poking at the solution to find problems - whether it's an analyst, QA team, or user acceptance.

We don't know what parts resemble Agile - so we can't say you freeze your sprints, because you may not do sprints. Every week you seem to get to whatever you can - that's not a sprint.

And Agile doesn't have arbitrary deadlines. If you get 5 small requests that you can squeeze in, but your policy is every change pushes the deadline out, you now have 5 days. Deliver early and you undermine your own policy by proving it's arbitrary.

1) There is no testing, and that is resulting in crap releases.

2) Code seems to go live too quickly, it needs time to mature

3) I don't see any analysts in the picture, so it's still a free for all. It might be better, but it's still chaos.

You need to start explaining that this is not how development is done. You have terrible results because there is no process. Developers get blamed because they are apparently the only people responsible for getting anything done.

If anyone wants different results, something has to change, and everyone is going to have to take a hit equally. It won't be equal of course, but if you want to CHANGE the results, you have to CHANGE something. Tell everyone the situation sucks and things are changing, and explain why, from whatever applies above.

Now that you have everyone's attention, and they are feeling like they won't ever get what they want, drop the bomb. Now you have set the stage for "all new stuff takes two weeks". This means two branches - branch on Monday for example, and fixes go into the release branch, and new features go in the new branch. Weekly build comes from the release. Merge nightly. Or skip the two week rule and put in some real discipline.

Comment I have read many books with my Kindle. (Score 0, Flamebait) 298

I have read many books with my Kindle, the large DX e-paper version.

I have read so many out of copyright books, I still don't know what to do with myself. They continue in sites like Project Gutenberg, or any decent search engine with terms found through Wikipedia.

My collection is 100% legit, 100% copyright free in my county, and 100% better than whatever I'm missing out on.

I'm that asshole, the guy who thinks he's the representative, but in reality is the outlier, the person who has no business posting because it does not affect him/her.

But Amazon won a case against Big Ink. They are suddenly the bad guy?

Oh yes, this report was funded by big ink. I invite you to search for DAVID STREITFELD, "He won a 2012 "Best in Business" award from the Society of American Business Editors and Writers for his New York Times stories on fake online reviews." 2012, who the shit gave credence to reviews last year? Calling Rick Romero, who gives a shit about online reviews?

"Streitfeld was one of a team of New York Times reporters who won the 2013 Pulitzer Prize for Explanatory Reporting," - Rick Romero

Sorry, that was Wikipedia, not Romero, but WTF does that mean?

Amazon will sell what you will buy. At the price you will pay. That's capitalism. Are the United States not a capitalistic enterprise? If not, maybe Socialist? Maybe something else?

Pricing is proprietary information. That's capitalistic rhetoric.

One of the few publishers willing to speak his mind about Amazon is Dennis Loy Johnson, proprietor of the Melville House, one of the most interesting new presses since its founding in 2001. Melville had an immediate hit last month with a rediscovered article by James Agee, âoeCotton Tenants.â But as sales slow in the days since publication, Amazon is charging more for it.

Holy shit batman. Someone REPRINTS an article, discovers sales are slow, and INCREASES the price? What the fuck would you do? Put your fist in your Aunt Bea? Hell no, you would charge market price, just like AMAZON FUCKING DID.

The price-tracking site camelcamelcamel shows âoeCotton Tenants,â which lists for $24.95, moving from $16 on Amazon shortly after publication to $19.79 last week before falling back slightly to the current $19.23. If you were a few weeks late getting the news about âoeCotton Tenants,â you paid 20 percent more

20 PERCENT, thati's Nazi pricing. Oh, $19, which I round up to $20, up to $24.95, which I round down to $20? That's a savings of, wait,

JACK

FUCKING

SHIT

.

Oh, cheaper than the bookstore by a price of WHAT THE FUCK DO YOU CHARGE FOR SOMETHING THAT IS OUT OF PRINT?

God dammit, I could have printed 30 novels instead of replying to you.

Comment Re:It's not their data (Score 1, Informative) 88

It is their data. It is their network, to which you are subscribing.

You are using their towers, or the towers they pay to use from other companies. You are using their exit nodes to a landline, if you call one. Every ping, every byte, is their property.

Because of wiretapping laws, and the general unpleasantness of a massive subscriber torch fest, they are not going to do anything with your voice or data.

The metadata, however, packaged on a phone you probably bought from them, processed on an extensive network they paid for, belongs to them.

You generated it, as the customer. It doesn't belong to you - it merely describes you. In horrendously fine detail, such that in my opinion it is a contract violation to store, not to mention process it in any fashion.

Remember - it is your data in the sense that you generated it, and also in the sense that it captures the not-quite-finer details of your day to day living. It is identity theft waiting to happen, and if someone manages to gather that data there should be not just trials and convictions, but hangings and torches in the street.

But the data is not yours.

If you want to own the data, you have to own the network - own the hardware, own the fiber, own the towers. Then it's yours.

Comment Re:Infringer? (Score 1) 128

You misread because of the terrible writing.

YouTube helps maintain some level of access to old songs by allowing those possessing copies (primarily infringers) to communicate relatively costlessly with copyright owners to satisfy the market of potential listeners.'"

The people uploading are infringing, and you can "communicate" with copyright owners by having YouTube identify your upload as protected, and give the copyright owner the option to profit or take it down DMCA style.

The word "primarily" has no business in that sentence. Its only purpose is to suggest that anyone possessing a copy probably downloaded it in the first place, rather than owning it. For rare, out of print, or geographically restricted works, this is probably true. For the average 14 year old making lyrics for a song, this is also probably true. But "primarily" is probably not a true characterization without either more support for the claim or more clarification.

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