Not That Chris (profile), May 10th, 2013 @ 11:49am
Re: Re: Re:
Friends? Relatives? The owner of the apartment he was living?
I guess I can see an argument for an expectation of privacy when one of these applies, but in this case, none of those examples fit. He rented the apartment using the identity of a dead person, so obviously not someone who can vouch for this person's legitimate use of the apartment.
What about the 4th Amendment of the owner?
Again, in this instance, the registered owner of these effects is totally entitled to 4th amendment protections. Rigmaiden, however, was not the registered owner and the original article states that the identity was stolen. I suppose this is assumed, so maybe there's some wiggle room in terms of the use of the Aircard.
That shouldn't even be an issue.
I believe there are "reasonable suspicion" laws that allow police to do things without a warrant based on the premise they think something illegal is occurring. If I'm driving a "borrowed" car, and get pulled over, does the police officer need to get a warrant to search the vehicle if he suspects its stolen? Or at least a warrant after the fact? I don't know what the limitations are on laws like this.
While I agree that the Constitution and its personal protections (are supposed to, but it seems more and more don't) trump most anything, I guess I'm still missing something from the argument. Is the argument more that he is entitled to these protections because it has not been proven yet that he fraudulently acquired these items? So the issue is since the dead apartment owner hasn't been proven dead yet, he should still be treated as if he was just borrowing somebody else's apartment and Aircard until such time as fraud is proven?
The last thing I'll throw in here, since it doesn't appear to be mentioned in the summary and is probably worth noting, is the judge making the decision also cited "a number of precedent-setting cases to support his decision, including a Ninth Circuit decision that a defendant can have no expectation of privacy in a computer that is obtained through fraud." So in this case, he's not the first judge to disregard this protection. However, the ACLU makes the argument that this instance is not fraud, but the use of aliases. I guess I'm not sure legally when lying about who you are (and making purchases as such) moves from using an alias to fraud (kind of like how important do you have to be such that murder becomes assassination).
I was actually about to post something along these lines.
As far as the using Stingrays and lying to the judge, it's pretty crap that the judge lets that go. However I'm somewhat confused as to how this is an incorrect ruling regarding the privacy aspect.
I'm pretty sure for an Aircard and apartment, you have to provide (in most instances) more information than just a name, so if he provided the alias' social security number or other identifying information, that would seem more like identity fraud versus using an alias. If it falls under identity fraud, could you then make the argument that the equipment/room did not legally belong to him, therefore the 4th amendment doesn't apply because technically those weren't his "effects?" Does one have to prove that it's actually identity fraud before excluding 4th amendment protections? Or is "Your name is John Doe, this property is registered to John Smith, therefore you are not the legal owner" sufficient cause to assume identity fraud?
I'm most assuredly not a lawyer (and in most instances that seems to be a good thing), so some of the finer details may not be apparent to me, but if someone can explain why the judge here is 100% in the wrong instead of just 50%, I would be interested to understand better.
but what is the deal lately with people misusing defused/diffused? And yes, I know it's not Tim misusing it, it's the blotter. Probably should include a [sic] though.
Administration working hand in hand with the Methuen Police Department, diffused the situation maintaining the best possible professional attitude.
So they spread the situation out? Sound like that would make it worse!
I'm not sure if I've just started noticing it, or if people have been doing it to try and avoid using the term "defused" since it's somewhat associated with bombs (Note: I am not threatening to bomb anything by including the word "bomb" in my post.)(Note 2: Same thing about the other 2 uses in the first note.)
It's slowly approaching lose/loose levels of annoyance.
Given the tripe that passes for programming MTV, I actually prefer MTV Hits (which *gasp* plays music videos most of the time) and VH1 Classic (because I have a minor addiction to old episodes of Pop-Up Video) to MTV or even MTV2, the channel created to play videos 24/7 when MTV gave it up...that turned into MTV Jr.
While I'm sure this is a reference to doing business in Colorado, for the rest of the country it seems like this probably wasn't the best choice of business names...especially if one is going to litigate for a porn company.
Or perhaps it's the perfect name and that was the plan all along...
It portrays Disney as a megalomaniac with McCarthyite, racist and misogynist tendencies
If the play is already not portraying Disney in the greatest of lights, would it not make sense to then use pariodied, exaggerated versions of the characters in question? Leave them unnamed, so you don't have to worry about actually using the words "Mickey Mouse." It's been done before in a South Park episode.
Or would that be too much of a risk that somebody with more money would decide to challenge parody use?
I guess my question to the NYT would be why even leave the article up? It's not like there was a mistake in reporting on the story or some fact slip up, or that the story was super relevant to anything going on. It was a fluff piece that was, for all intents and purposes, totally made up. Dump it. Especially if they knew in advance and posted it anyway.
I hope if they paid Cohen for the piece they politely (and forcefully) asked for their money back.
Really? They must hire some "special" folk at the patent office if they granted a patent on "announcing x on social medium y." I'd have to assume something like wedding announcements in a newspaper would be prior art, but maybe not since they're not domain name registrations and not "on the internet." Totally different, I guess.
Obviously, as an elected representative with the responsibility to make laws, what better way to understand the greatly-in-need-of-being-legislated moral degradations facing society than to experience them first hand?
What kind of representative would they be if they tried to outlaw giant boobs in your face without having first had said giant boobs in their face?
Not That Chris (profile), Aug 17th, 2012 @ 12:37pm
Re: Kind of Like the Shirt
As (somewhat) common as the language is today, it would be kind of rough for the little kids and would probably not be acceptable for casual Friday. Though I admit, I am grossly tempted to pick one up anyway.
Perhaps a future/alternate version could replace "Motherfucking" with "[REDACTED]", or just an asterisked version of the word?
I guess my question would be is there any recourse after going to court to get the ticket dismissed? As someone else pointed out, you're out whatever your costs for that day were just to fight a ticket you shouldn't have gotten in the first place. If you win, can you counter-sue for harassment or something? Not that I'm a big proponent of encouraging lawsuits, but maybe getting slapped back harder a few times would make someone in power wake up and look for a solution.
Sadly, said solution would probably be to make it actually be illegal, raise the fine tenfold, and give any agent who gives out a ticket a $10K bonus for a job well done.
I read it that way too the first time. This is one of those instances where punctuation really comes in handy.
I'm assuming (ass, u, me, etc.) the line was intended to read:
To paraphrase George W(ashington)., "God and the [C]onstituition give us liberty, arms in the hands of the people are the teeth."
BTW, in the course of verifying it was Washington and not another George W, it appears the quote the paraphrase comes from is fake. Also there's no mention of God in any of the variations, so not sure where that came from. But enjoy some free enlightenment.
On the post: Dr. Oz Claims Violent Video Games 'Hurt' Teens; Backs Up Claims With Absolutely Nothing At All
Re: Re:
What kind of sick perverts developed "Power Chat for BlackBerry?"
On the post: Judge Allows FBI To Use Evidence Collected Via Stingray Fake Cell Towers
Re: Re: Re:
I guess I can see an argument for an expectation of privacy when one of these applies, but in this case, none of those examples fit. He rented the apartment using the identity of a dead person, so obviously not someone who can vouch for this person's legitimate use of the apartment.
What about the 4th Amendment of the owner?
Again, in this instance, the registered owner of these effects is totally entitled to 4th amendment protections. Rigmaiden, however, was not the registered owner and the original article states that the identity was stolen. I suppose this is assumed, so maybe there's some wiggle room in terms of the use of the Aircard.
That shouldn't even be an issue.
I believe there are "reasonable suspicion" laws that allow police to do things without a warrant based on the premise they think something illegal is occurring. If I'm driving a "borrowed" car, and get pulled over, does the police officer need to get a warrant to search the vehicle if he suspects its stolen? Or at least a warrant after the fact? I don't know what the limitations are on laws like this.
While I agree that the Constitution and its personal protections (are supposed to, but it seems more and more don't) trump most anything, I guess I'm still missing something from the argument. Is the argument more that he is entitled to these protections because it has not been proven yet that he fraudulently acquired these items? So the issue is since the dead apartment owner hasn't been proven dead yet, he should still be treated as if he was just borrowing somebody else's apartment and Aircard until such time as fraud is proven?
The last thing I'll throw in here, since it doesn't appear to be mentioned in the summary and is probably worth noting, is the judge making the decision also cited "a number of precedent-setting cases to support his decision, including a Ninth Circuit decision that a defendant can have no expectation of privacy in a computer that is obtained through fraud." So in this case, he's not the first judge to disregard this protection. However, the ACLU makes the argument that this instance is not fraud, but the use of aliases. I guess I'm not sure legally when lying about who you are (and making purchases as such) moves from using an alias to fraud (kind of like how important do you have to be such that murder becomes assassination).
On the post: Judge Allows FBI To Use Evidence Collected Via Stingray Fake Cell Towers
Re:
As far as the using Stingrays and lying to the judge, it's pretty crap that the judge lets that go. However I'm somewhat confused as to how this is an incorrect ruling regarding the privacy aspect.
I'm pretty sure for an Aircard and apartment, you have to provide (in most instances) more information than just a name, so if he provided the alias' social security number or other identifying information, that would seem more like identity fraud versus using an alias. If it falls under identity fraud, could you then make the argument that the equipment/room did not legally belong to him, therefore the 4th amendment doesn't apply because technically those weren't his "effects?" Does one have to prove that it's actually identity fraud before excluding 4th amendment protections? Or is "Your name is John Doe, this property is registered to John Smith, therefore you are not the legal owner" sufficient cause to assume identity fraud?
I'm most assuredly not a lawyer (and in most instances that seems to be a good thing), so some of the finer details may not be apparent to me, but if someone can explain why the judge here is 100% in the wrong instead of just 50%, I would be interested to understand better.
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Right once again...
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Not to be completely off topic...
So they spread the situation out? Sound like that would make it worse!
I'm not sure if I've just started noticing it, or if people have been doing it to try and avoid using the term "defused" since it's somewhat associated with bombs (Note: I am not threatening to bomb anything by including the word "bomb" in my post.)(Note 2: Same thing about the other 2 uses in the first note.)
It's slowly approaching lose/loose levels of annoyance.
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I think I've just found my new favorite way to tell my kids to behave.
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Sadly...
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Re:
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"Mile High" Law Office
Or perhaps it's the perfect name and that was the plan all along...
On the post: Opera About Walt Disney Refused Permission To Use Disney Images
Probably a stupid question but...
If the play is already not portraying Disney in the greatest of lights, would it not make sense to then use pariodied, exaggerated versions of the characters in question? Leave them unnamed, so you don't have to worry about actually using the words "Mickey Mouse." It's been done before in a South Park episode.
Or would that be too much of a risk that somebody with more money would decide to challenge parody use?
On the post: NYTimes Columnist Proves That Among Billions Of Tweets Some People Say Stuff You Don't Care About
Why leave it?
I hope if they paid Cohen for the piece they politely (and forcefully) asked for their money back.
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Fun (and not really relevant) Fact
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Re: I get knocked down...
Now, the question of whether that's a good thing a bad thing is somewhat up for debate...
On the post: GoDaddy Receives Patent On 'Announcing A Domain Name Registration On A Social Website'
Holy Crap
Good grief.
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Re:
/s
On the post: GOP Platform May Include Internet Freedom Language... But Also Wants Crackdown On Internet Porn
Re:
What kind of representative would they be if they tried to outlaw giant boobs in your face without having first had said giant boobs in their face?
On the post: This T-Shirt Has Been Seized
Re: Kind of Like the Shirt
Perhaps a future/alternate version could replace "Motherfucking" with "[REDACTED]", or just an asterisked version of the word?
On the post: Police Ticketing Informal Rideshare Participants Based On No Law, But To Protect Port Authority Revenue
Sadly, said solution would probably be to make it actually be illegal, raise the fine tenfold, and give any agent who gives out a ticket a $10K bonus for a job well done.
On the post: Hollywood Bending Over Backwards To Appease China
Homefront
So does that mean Hollywood gets sued? Or maybe they can market it as not a remake? I mean, come on, nobody really played that game anyway.
Genius!
On the post: Rolling Stone Highlights FBI's Fascination With Staging Its Own Terrorist Plots... While Ignoring Real Threats
Re: Re:
I'm assuming (ass, u, me, etc.) the line was intended to read:
To paraphrase George W(ashington)., "God and the [C]onstituition give us liberty, arms in the hands of the people are the teeth."
BTW, in the course of verifying it was Washington and not another George W, it appears the quote the paraphrase comes from is fake. Also there's no mention of God in any of the variations, so not sure where that came from. But enjoy some free enlightenment.
Remember kids, punctuation is important.
"Time to eat, kids!" vs "Time to eat kids!"