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Comment Re:This is the right decision (Score 1) 91

You don't get to pick and choose what people post (with some obvious exceptions like fraud or csam), while also claiming immunity for the stuff you couldn't or wouldn't.

Exactly, thanks for the excellent example. That's the kind of statement that nobody ever explains, but always presents as pure axiomatic dogma.

I do think that you might have revealed a clue in your unusual phrasing, though. You said "claiming immunity for the stuff you couldn't or wouldn't" but how can there ever be any possibility of liability there? If your computer denies someone else's request to publish something, what liability is there to be immune from?

Comment Re:I think SCOTUS were concerned about a trap (Score 1) 91

are automakers responsible when someone breaks the speed limit and kills someone?

What's funny is that there's no such thing as "vicarious speeding" or "contributory reckless driving," but with copyright, there is. Analogously, sometimes the automaker is liable for drivers speeding!

But even so, Cox's behavior didn't fit contributory infringement.

The court just said T17 S501 is an ok law that they're not striking it down or anything like that, but it doesn't apply to this case!

A very good thing has happened.

Comment Re:too bad (Score 1) 312

The Second Amendment was intended to be a check on federal power. None of the amendments were incorporated into jurisprudence about what individual states could do until arguably 1890 and not certainly until the early 1920s. Many states had laws around firearm storage for decades. In the 1830s, Massachusetts was the first among several states to generally bar carriage of firearms in public. Texas would follow suit in 1871.

The Heller decision written by Scalia was a sea change in constitutional law, but it laid down important limits that were respected in the MacDonald decision that followed soon after and which incorporated the Second Amendment as applying to states as well as the federal government. Scalia wrote that firearm law limitations were presumptively lawful, and essentially laid down an opportunity for the federal government to prohibit future types of weapons sales by preventing them from becoming publicly available. Here's what he wrote (citations removed).

We also recognize another important limitation on the right to keep and carry arms. Miller said, as we have explained, that the sorts of weapons protected were those "in common use at the time." We think that limitation is fairly supported by the historical tradition of prohibiting the carrying of "dangerous and unusual weapons."

It may be objected that if weapons that are most useful in military service—M-16 rifles and the like—may be banned, then the Second Amendment right is completely detached from the prefatory clause. But as we have said, the conception of the militia at the time of the Second Amendment’s ratification was the body of all citizens capable of military service, who would bring the sorts of lawful weapons that they possessed at home to militia duty. It may well be true today that a militia, to be as effective as militias in the 18th century, would require sophisticated arms that are highly unusual in society at large. Indeed, it may be true that no amount of small arms could be useful against modern-day bombers and tanks. But the fact that modern developments have limited the degree of fit between the prefatory clause and the protected right cannot change our interpretation of the right.

Scalia had no problem with regulating or even banning public availability of broad classes of weapons as long as those available to the public continued to be available to the public. In his view, existing weapons like missiles and new weapons like portable lasers could be banned because they were not "in common use." However, Scalia died in 2016, and the Court has moved to a substantially broader view than he had.

What are you going to do when Nazi Trump really ramps up the persecution? Oh right, sit back and protest and hope the government doesn't murder you all, ie just like Iran did to it's protesters two months ago.

The people who have clamored most over the last 40 years about government overreach are largely those most supportive of Trump's tyrannical behavior. However, the fastest growing segment of gun owners in the last couple of years are those on the left, with even more disproportionate growth among minorities. There are a lot of former military who are very unhappy with the direction that he's taken, too. There are a lot of guns on both sides and not nearly enough police or military to handle them all.

So far, the Trump administration's own overreach has been embarrassing enough to force them to back off. The videos of the deaths of Renee Good and Alex Pretti were bad enough, but the responses by almost everyone up to and including Trump in labeling them terrorists and declaring that the ICE and CBP agents did no wrong before we even had multiple views of what happened caused them to backpedal (even the NRA chimed in against the administration). Bovino was removed from Minnesota and demoted, resulting in him either deciding or being forced to retire. They sent Tom Homan in, and the first thing he did was withdraw half of the agents assigned there, and most of the rest have returned to their assigned jurisdictions. Noem's constant bluster and media presence have sidelined her in the administration, destroyed almost any chance of a political future and cast a permanent pall over the brutal enforcement actions under her watch. Her replacement, Markwayne Mullin, isn't much better in terms of policy goals, but he has said that he doesn't like and doesn't want the constant press from extreme actions. The GOP, including Trump, is being forced to negotiate on things in the DHS budget bill that Trump declared just a couple of weeks ago were nonnegotiable. Trump's actions in Iran have backfired, and so far, the only negotiations happening seem to be in his own imagination, leaving him looking even worse, even among his own supporters.

They're weak and they know it, and their support isn't as solid as it was a year ago. Whether this means they continue to back down or they suddenly lash out, I don't know. But if they do move to mass violence, it isn't going to be against a group of unarmed pansies entirely incapable of shooting back. I hope it doesn't come to that, because it will become impossible to predict the outcome.

Comment Re:Illegal (Score 0) 73

It's illegal but laws aren't currently enforced, so I don't know why you're bringing the law up.

Let's perform a natural experiment: keep saying reappropriation is illegal, and then wait for the executive to do it anyway. Then watch to see if Congress gives a fuck, by impeaching the executive (or credibly threatening to impeach if the embezzled funds aren't returned in n hours).

My hypothesis is that Congress won't do anything about it, and is fine with whatever new powers that the president decides he wants.

What's your hypothesis?

Surprise: we're actually going to do that experiment. In fact, we started it last year.

Comment Re:I give this 3 days (Score 1) 78

It's not in society's interests, but it is in government's interests. Society and government are orthogonal teams who often conflict with each other. In the US, we spelled that out explicitly in the late 1700s, but docs go back at least as far as the Magna Carta.

Alas, "spelling out" government limitations isn't the same thing as believing limits are a good idea and enforcing them, as we're occasionally reminded. The Constitution is just ink on a page, until people give a fuck about it. And in America, the constitution is currently very unpopular. Society wants to surrender to government, or if it doesn't want that, it's sure acting like it wants that.

Comment Re:That's Fine (Score 1) 78

That's pretty neat!

The danger with using unallocated space, is that sometimes you might accidentally overwrite it. But if that happens, I guess it just means you need to figure out what your new size needs to be, make a new hidden volume, and then restore from backup. It's that last step that I never remember as a possibility, probably due to my horrible backup habits. ;-)

Comment Re:Touch ID (Score 1) 78

I think that might be a bad idea, because when thugs say "hand over your phone" and you hand them a brand new phone that you have apparently never used, you're going to get wrench-based cryptanalysis. You need to be able to hand them the keys to a realistic environment that looks like it's being used. Thugs wanna see recent timestamps.

Ideally, we need to have some casual, boring (but constantly-touched!) environment that can launch encrypted environments, but somehow not have anything that references those environments.

The biggest problem I see is storage allocation. We need to be able to plausibly deny the existence of something, but also keep it from being overwritten by not-denied environments. How do you hide "don't write to these blocks, because something else uses them"?

Some might suggest hiding in plain sight with steganography, but at some point thugs will notice that everyone they suspect, just happens to have an unnecessarily-large gigaphoto. ;-)

Having alt environments that are detectable, but can be quickly destroyed the way you suggest, might be a decent compromise as long as it keeps an innocent and recently-used one around as cover. You enter the oh-fuck PIN, and it logs you into the innocent host environment but then it immediately deletes its encrypted guests, leaving you with a truly innocent machine as far as anyone can tell. And then you just really hope you can enter that duress code (or you can trick thugs into entering it) before they image your storage.

Comment Re:All it takes in our economy (Score 3, Informative) 57

Trump has issued 101 pardons in his first 13 months of office, many of whom were very obviously guilty of serious crimes and for which Trump was expecting a quid pro quo. The Cuellars are a prime example. The evidence against them was overwhelming, yet Trump pardoned them and then got angry that he registered to run as a Democrat for office in his district. And there's Changpeng Zhao, whom Trump didn't know anything about but pardoned on the idea that his prosecution was a "Biden witch hunt." We're supposed to ignore that Peng's company made the Trump family $2 billion richer a few months before.

Comment If it does not ban existing models... (Score 3, Insightful) 180

does that mean they'll continue to manufacture the same old models for the US market, which will possibly become less secure over time due to advanced hacking techniques applied to the same old well known hardware? Will it then result in a net loss in security over time?

It might resemble Cuba with their 1950s automobiles, frozen in time. I do agree that there is concern about backdoors and surreptitious identifying data sent to servers under control of China. Would it be better to allow new models, but require them to be completely torn down and reverse engineered by teams inside the FCC, or for their firmware source code to be handed over for inspection? (there's still room for nefarious business....hand over one set of code and install a slightly different set, or install a backdoor with a firmware update....)

I feel there's a legitimate concern here, and there always has been. What's a better solution, if any? Or is this the right solution for digital sovereignty?

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