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Comment Re:TFA is not terribly clear... (Score 1) 229

You cannot let evidence get destroyed. If you know, or should know, or even if you should have had an inkling that data that could be subject to discovery request is being destroyed and you don't stop it, it will go badly for you at trial. I suggest you go out and buy more storage space in your hypothetical. Think of it this way.. If you knew that there was a box of evidence headed to the paper shredder because it was in the closet with the rest of the "to be shredded" boxes and you didn't go find that box, they'd come after you for letting evidence get destroyed. A disk drive or backup tape is no different.

You see, the opposing lawyers will argue that you knew evidence was being shredded and did nothing to stop it, so you allowed damming evidence to get destroyed, KNOWINGLY. Which, they will argue, means you knew you where guilty and where trying to cover it up. So do what you want, but any competent lawyer will tell you that you'd better do everything in your power to preserve data once you become aware of a legal action that might involve said data. Now if you are a criminal, then you are going to do what you want anyway and why are we having this conversation?

Comment Re:down with environmental inpact statements (Score 0) 170

Well Hello Mr. Pot, meet Mr. Kettle.

Politics is a slimy practice, regardless of party affiliation (or non-affiliation). Throwing around accusations (real or imagined) is done for both fun and profit in that business. Best you don't get sucked into the partisan rhetoric or take it too seriously because most of it is trumped up hyperbole designed to get an emotional response to keep existing or develop new voters.

Comment Re:Fingerprint might not work (Score 1) 229

I'm not a lawyer, I don't play one on TV and I didn't stay at a Holiday Inn Express.... BUT, I have been sued and a party to a couple of legal actions over my 5 decades, so I have some experience, but I'm no expert.

Please note that I almost ALWAYS say something along the lines of "consult YOUR lawyer" in posts that deal with legal questions. The law isn't really *that* difficult to understand if you *think* about it. I found that once you understood the principles underlying the whole, what the rules are actually make pretty good sense. Rules of evidence, in general are not that difficult to understand.

I do know that if you are ordered by the court to unlock your device, you are obliged to do so. I also know you are obliged to make sure you don't destroy potential evidence and cannot take steps to hide evidence from being found. Failing to follow any of these rules leaves you at risk of being sanctioned (punished) by the court. In criminal trials, you can plead the 5th and refuse to testify or assist law enforcement by answering their questions, but you cannot hide or destroy evidence or be misleading in the statements you DO choose to make. In civil court, the rules are a bit different because you are not being tried for a crime, you have less 5th amendment protection and generally MUST produce evidence requested and answer the questions asked by the other side truthfully and completely.

So don't think you will get away with destruction of evidence by claiming the court ordered you to do something.... You won't. But please ask your lawyer, though I'm pretty sure they will agree with me.

Comment Re:Breaking news: investors are idiots (Score 1) 192

You are thinking way too one dimensional on how options trading works. There are many ways options are used.

Just doing option trading is usually only successful when you are armed with a workable strategy and that usually involves some kind of technical analysis and automation that looks for specific queues in the options chains for favorable conditions for a transaction. Such trading is usually very high frequency, and traders are in and out in seconds or min.

Mixing options into a trading strategy where you are actually trading the underplaying security is usually used as "insurance" where you can cap your risk for pennies on the dollar, but still enjoy the possible gains. (Like buying calls above the market price (which are cheap), then selling short. Or my favorite, selling calls (against the box) when I'm holding an exercisable stock option at the strike price from my employer that doesn't expire and make a few bucks with ZERO risk of loss.)

Comment Re:TFA is not terribly clear... (Score 1) 229

I'm not arguing the routine clean up of data. By all means, do that. But I am saying that you CANNOT allow your automated clean up processes to delete ANYTHING that you have even an inkling *might* be evidence in a legal proceeding (civil or criminal). So the instant the police call you in and start asking questions about something, you'd better turn that automation off. Or if you get a letter threatening legal action, you had better turn that automation off or make sure it's not deleting stuff that's related. Companies do this all the time, but they have DOCUMENTED processes and usually proof they followed their process, to use as a defense in court.

If they have any inkling that you did this automation thing to hide incriminating evidence, it doesn't matter if it was routine or not. So if you are a criminal and know it, but insist on collecting evidence you need to destroy, what difference does it make? Do what you want and let you lawyer fight it out in court. Just know that it could land you a longer stay...

Comment Re:Breaking news: investors are idiots (Score 1) 192

Read the article... This stock hit the stops in Tokyo which stops trading a stock that looses 18% in one session. Read my reply, I clearly state that I expect it's going to continue to fall in the next session. You may not be able to trade the stock right now, but you CAN trade options.

But none of that matters, I was telling somebody what they *should* have done when they said the following:

Knew I should have shorted Nintendo when I saw the articles saying their share prices sky rocketed with the release of Pokémon.

I was telling them that you could make more using options than selling short with about the same risk, likely with less investment... If you are really clever, and reasonably quick about it, you can make a small fortune on stocks doing these kinds of wild swings.

Comment Re:TFA is not terribly clear... (Score 1) 229

That's mostly true, however, as soon as you have reason to believe your prudent step of automated data deletion MIGHT be deleting something that is likely to be considered evidence in some kind of litigation, you had better turn it off. Letting it run can (and will likely) be construed as destruction of evidence.

So... IF you get served, get a threating letter ostensibly from a lawyer or have somebody threaten a civil suit in private, you BETTER turn off the automation until you know for sure. If you catch even a rumor of a criminal investigation, you better do the same. PLUS you had better have a documented process for both what's getting deleted when and how that gets adjusted during legal proceedings AND PROOF you actually follow it. Anything short of that is going to be a legal problem...

Comment Re:Fingerprint might not work (Score 1) 229

But you ARE obligated to disclose what the court orders you too. You are risking a criminal contempt charge which gets you put in jail at the pleasure of the judge, no bail hearing, no trial, no passing go or collecting $200....

IF the order says "index finger" then so be it. However, if you have not been forthcoming about what might happen here (i.e. you mislead them into ordering you to use your index finger) then you are withholding evidence at best, and willfully destroying it at worst, neither of which will go well for you at trial.

Enjoy your time in the Big House... But if it's worth it to risk destroy evidence, have at it. I just suggest you get a lawyer and discuss it with them before you go out and do something unnecessarily stupid to yourself.

Comment Re:Breaking news: investors are idiots (Score 1) 192

This is why God invented options... You can, for a minimal investment, hedge yourself and make it less necessary to time the buy's and sells exactly right.

Better yet, don't get into risky positions with fast moving stocks going in either direction.... Any time you are trading on split second timing, I can assure you the big boys will always win that game. Best to not play games you are sure you cannot win.

Comment Re:Breaking news: investors are idiots (Score 2) 192

Think options... This buy and sell of the actual stock idea is an antique thing. If you are trying to do these trades based on timing the market, you are missing out when trading the actual stock, but taking all the risk anyway. For the same risk, options require a lower investment up front and that means you can make more per dollar invested (better returns).

Of course.... KNOW what you are doing first, because the big brokerage houses do this kind of thing very well and will eat your lunch, breakfast and dinner if you are not being smart about it.

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