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The Courts

Does Net Neutrality Violate the Fifth Amendment? 341

SonicSpike writes "A forthcoming paper from Boston College Law Professor Daniel Lyons offers an even stronger basis for challenge: The Fifth Amendment. Under Prof. Lyons's theory, net neutrality would run afoul of eminent domain. It would constitute a regulatory taking, requiring just compensation. Under US Supreme Court precedent, any governmental regulation that results in 'permanent, physical occupation' of private property constitutes a per se taking. This is true even where the government itself is not doing the occupying. If the government grants access to other parties to freely traipse across private property, it's still a taking. In effect, the government has forced one party to give a permanent easement to another party, destroying the first's 'right to exclude.'"
Handhelds

'Bloatware' Becoming a Problem On Android Phones 415

elrous0 writes "According to a recent article in Wired, consumers of many new Android devices (including Samsung's Vibrant and HTC's EVO) are complaining about the increasing presence of something that has plagued consumer PC's for years: Bloatware (or, to use the more kind euphemism, 'Pre-installed software' that the computer manufacturer gets paid to include on a new PC). Unfortunately the bloatware (aka 'crapware') that comes with these phones has a nasty quality not found on even the most bloated PC: it can't be removed. Many angry consumers have begun to complain openly about this disturbing trend."
Censorship

China Says Google Pledged To Obey Censorship Demands 177

bonhomme_de_neige writes "China renewed Google's internet license after it pledged to obey censorship laws and stop automatically switching mainland users to its unfiltered Hong Kong site, an official said. Google promised to 'obey Chinese law' and avoid linking to material deemed a threat to national security or social stability, said Zhang Feng, director of the Ministry of Industry and Information Technology's Telecoms Development Department, at a news conference." Update: 07/21 21:56 GMT by S : Changed headline to reflect that this is mainly just China trying to paint a better picture of the outcome. In a comment on the linked article, a Google representative said, "This piece suggests that Google has 'bowed' to censorship. That is not correct. We have been very clear about our committment [sic] to not censor our products for users in China. The products we have kept on Google.cn (Music, Translate, Product Search) do not require any censorship by Google. Other products, like web search, we are offering from Google.com.hk, and without censorship." If you go to google.cn, you can see the prominent link to the Hong Kong version of the site.

Comment Re:Still unfair.. (Score 2, Informative) 1036

Two alternate stating of the facts:

You chose to pay off your house despite that not being the optimal economic strategy. Between low mortgage rates, tax deductions, and the (average) high return of the market, you should have gotten the largest mortgage you could, and invested the money over the minimum payments in the market. You instead made a choice to sacrifice return on investment for peace of mind. This is the same choice I'm making, but it is a choice. The homeowner tax deduction theoretically improves social stability, which or elected officials think is in our best interest. Is it? I Don't know, but stop whining about the choice you made given the rules of the game we are currently playing.

With kids I felt the same way for a long time, but again, you're not seeing it from a 'neutral' point of view. There is no deduction for children, and you aren't subsidizing anything. Every PERSON gets a roughly $4000 exemption, and taxpayers (adults) can claim a standard or itemized deduction that has nothing to do with children. You can argue about the child tax credits, but that is a separate issue attempting to ameliorate poverty, where income limits apply. In general we have a progressive tax system to account for the diminishing incremental usefulness of money. The Y intercept of that progression starts around $4000 per person.

Cellphones

This Is Apple's Next iPhone 492

An anonymous reader writes "There has been some speculation about it. Not anymore: 'This is Apple's next iPhone. It was found lost in a bar in Redwood City, camouflaged to look like an iPhone 3GS. We got it. We disassembled it. It's the real thing, and here are all the details.' Judging by Gizmodo's reaction, it looks like a winner."
Windows

What Advice For a Single Parent As Server Admin? 618

Dragon_Eater, with "lots of experience setting up PCs and a passable knowledge of Linux but severely lacking in the server/client department," writes with a situation that probably faces a lot of parents: I want to set up three kids, 12, 14, and 15, with newer computers so they will stop fighting for time on the one ten-year-old Dell they share now. I can get the individual computers and a server put together without any problems, but the computer-handicapped single parent needs to be able to do the following via an simple application/web page: View client computer status, On/off, sleeping etc.; Deny Internet access, not LAN, just the web; Schedule time usage of computer, ex. 7 am to 10 pm on school nights etc.; Force log-out and/or shutdown of clients, for grounding purposes; and Apply some kind of firewall filter for blocking undesired web content. And as the administrator for this network I would like the following options: Remote virus scanning of client machines, or scheduled task; Some kind of hardware monitor, high temp / fan speed low etc.; and Email alerts for various log files / alarms. Given the lists above I am thinking about a Linux-based router/server machine and running Windows on the clients for game compatibility. I also know that a server and network boot client is possible but not sure where to start on that one."
The Media

Rupert Murdoch Hates Google, Loves the iPad 412

Hugh Pickens writes "The Register reports that News Corp boss Rupert Murdoch, speaking at the National Press Club in Washington, reiterated his disgust at how search engines handle news and called on old media to rethink how their stories are distributed on the web. 'It's produced a river of gold, but those words are being taken mostly from the newspapers,' said Rupert. 'I think they ought to stop it, that the newspapers ought to stand up and let them do their own reporting.' Murdoch added that the iPad was a 'wonderful tool' for listening to music, watching videos and reading newspapers. 'It may well be the saving of the newspaper industry,' by making it cheaper to distribute content to a broader audience, Murdoch said. 'I'm old, I like the tactile experience of the newspaper,' Murdoch said. '(But) if you have less newspapers and more of these, that's OK. It doesn't destroy the traditional newspaper, it just comes in a different form.'"
Government

Obama Administration Withholds FoIA Requests More Often Than Bush's 601

bonch writes "Agencies under the Obama administration cite security provisions to withhold information more often than they did under the Bush administration. For example, the 'deliberative process' exemption of the Freedom of Information Act was used 70,779 times in 2009, up from the 47,395 of 2008. Amusingly, the Associated Press has been waiting three months for the government to deliver records on its own Open Government Directive."
The Internet

FCC Proposes 100Mbps Minimum Home Broadband Speed 461

oxide7 writes "The US Federal Communications Commission unveiled a plan on Tuesday that would require Internet providers to offer minimum home connection speeds by 2020, a proposal that some telecommunications companies panned as unrealistic. The FCC wants service providers to offer home Internet data transmission speeds of 100 megabits per second to 100 million homes by a decade from now, Commission Chairman Julius Genachowski said."
Music

Warner To End Free Streaming of Its Content 278

eldavojohn writes "If you have a license to stream content for free from Warner, be aware: Warner has announced plans to cancel streaming licenses. Major sites such as Last.fm, Spotify, and Pandora may be affected — Warner has not yet spelled out whether streaming restrictions will apply to existing licenses, or only to future ones. Warner's CEO Edgar Bronfman said, 'Free streaming services are clearly not net positive for the industry and as far as Warner Music is concerned will not be licensed.' You might contend that Warner gets a cut of the ad-based revenue these free streaming sites take in. While true, Bronfman contended that this revenue comes nowhere near what they need in compensation for each individual's enjoyment of each work. The article quotes spokesmen for other labels who disagree with Warner's stance, however. Music's digital birthing pains continue."
Education

How Easy Is It To Cheat In CS? 684

Pinky3 writes "The New York Times has an article on cheating in CS at Stanford. Here is a classic quote from one student: 'I wasn't even thinking of how it [sic] easy it would for me to be caught,' he said. One interesting strategy discussed is for the professor to make the final count for more of the final grade each time cheating is discovered. Share your experiences as a student and/or as an instructor."
Math

Why Programmers Need To Learn Statistics 572

David Gerard writes "Zed Shaw writes an impassioned plea to programmers: Programmers Need To Learn Statistics Or I Will Kill Them All. Quoting: 'I go insane when I hear programmers talking about statistics like they know s*** when it's clearly obvious they do not. I've been studying it for years and years and still don't think I know anything. ... I have taken a bunch of math classes, studied statistics in grad school, learned the R language, and read tons of books on the subject. Despite all of this I'm not at all confident in my understanding of such a vast topic. What I can do is apply the techniques to common problems I encounter at work. My favorite problem to attack with the statistics wolverine is performance measurement and tuning. All of this leads to a curse since none of my colleagues have any clue about what they don't understand. I'll propose a measurement technique and they'll scoff at it. I try to show them how to properly graph a run chart and they're indignant. I question their metrics and they try to back it up with lame attempts at statistical reasoning. I really can't blame them since they were probably told in college that logic and reason are superior to evidence and observation.'"

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