Kaemaril 's Techdirt Comments

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  • On the post: Dear Eric Trump: Do Not Be Shamed Into Deleting Your Free Speech By A Dumb New York State Law

    Kaemaril ( profile ), 08 Nov, 2016 @ 03:18pm

    Re: Re: Re:

    " (which we all know has limits on it already, such as 'fire in theater' or promoting violence" What, this again? 'Promoting violence'? "the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action." Brandenburg v. Ohio.

  • On the post: John Oliver Takes On Police Accountability And The Colossally-Stupid 'Bad Apple' Defense

    Kaemaril ( profile ), 03 Oct, 2016 @ 02:22pm

    Re: "The whole thing is worth watching (of course)"

    Nuts. One 'made' too many. Oh well. You know what I mean.

  • On the post: John Oliver Takes On Police Accountability And The Colossally-Stupid 'Bad Apple' Defense

    Kaemaril ( profile ), 03 Oct, 2016 @ 02:20pm

    "The whole thing is worth watching (of course)"

    Love to. Unfortunately 'The uploader has not made made this video available in your country.'

    Cheers for that, Last Week Tonight.

  • On the post: Supreme Court Knocks A Little More Off The 4th Amendment; Gives Cops Another Way To Salvage Illegal Searches

    Kaemaril ( profile ), 20 Jun, 2016 @ 02:25pm

    Re: Re: ID is now required?

    Not quite. In Texas a pedestrian does not have to identify themselves if detained by the Police.

    Texas Penal Code § 38.02. Failure to Identify

    (a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.

    (b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:
    (1) lawfully arrested the person;
    (2) lawfully detained the person;  or
    (3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.

    That hasn't stopped some idiot Texas officers from arresting people for 'refusal to identify' when they're just detained. That, generally, hasn't gone well for them.

  • On the post: Web Sheriff Accuses Us Of Breaking Basically Every Possible Law For Pointing Out That It's Abusing DMCA Takedowns

    Kaemaril ( profile ), 07 Jun, 2016 @ 06:36pm

    Simple solution

    Being UK based, I would think that no further action should be necessary beyond dropping Web Sheriff a quick e-mail referring them to the notable case of Arkell v. Pressdram.

    Most legal teams in the UK are likely to be very, very, aware of it.

  • On the post: Complaint Board Finds Police Officers Violated Policy By Arresting Public Defender Who Demanded They Stop Questioning Her Clients

    Kaemaril ( profile ), 24 Mar, 2016 @ 03:42am

    Re: Re:

    Police officers certainly do not have 'sovereign immunity'. Are you thinking of qualified immunity?

  • On the post: Apple's Response To DOJ: Your Filing Is Full Of Blatantly Misleading Claims And Outright Falsehoods

    Kaemaril ( profile ), 15 Mar, 2016 @ 05:00pm

    Re:

    "Apple may think the founders would have been appalled, but honestly, they would have been appalled at the largest companies in the country working hard to protect criminals and terrorists who are bent on harming America, Americans, and the like."

    Who is doing that? It can't be Apple, or they wouldn't have already provided the FBI and police a ton of assistance.

  • On the post: Apple General Counsel Blasts Justice Department For Crazy Filing

    Kaemaril ( profile ), 11 Mar, 2016 @ 10:29am

    Re: Re:

    Facts?

    "Next, contrary to Apple’s stated fears, there is no reason to think that the code Apple writes in compliance with the Order will ever leave Apple’s possession. Nothing in the Order requires Apple to provide that code to the government or to explain to the government how it works. "

    Outright LIE. The only way they could guarantee that the techniques and code involved in this exploit would not get out would be to never, ever, use any of the evidence obtained from the phone (if there's any even there to begin with, and there almost certainly isn't) in court.

    Otherwise, any defence lawyer is fully entitled to quiz Apple thoroughly on how the evidence was extracted, to insist his own forensics experts review how it was done, and so on.

    There's no way an Apple expert witness (and you guarantee one will be summoned) can go on the witness stand and say 'Sorry, how we did it is a secret. But trust us, it's all OK.'

  • On the post: Cops Caught Misbehaving During Pot Dispensary Raid Sue Police Dept. To Prevent Recording From Being Used Against Them

    Kaemaril ( profile ), 07 Aug, 2015 @ 12:02am

    Let's see that work in a court of law for 'ordinary' criminals. Maybe something like burglary ...

    Lawyer : This is an outrageous abuse of civil rights, your Honor. My client is accused of breaking into the home of a local millionaire, but the only so-called 'evidence' the Police Department has is a video recording, from inside the property, of my client. That is tainted evidence, and must be excluded. My client was in a private property, and clearly had an expectation of privacy.

    Judge : Not his own private property, however?

    Lawyer : Doesn't matter, your Honor. Still not in public, so he clearly had an expectation of privacy!

    Judge : How so? There were clear signs at each entrance to the property warning that, for security purposes, there were CCTV cameras recording.

    Lawyer : Well, yes, granted - but earlier during the day, my client's accomplice had snuck in under the pretext of being an air-conditioning maintenance man, and had disabled all the cameras he could see. Therefore, my client CLEARLY in his own mind had an expectation of privacy as he was not expecting to be recorded.

    Judge : But it would seem a hidden camera was missed?

    Lawyer : Exactly, your Honor! A SPY camera SPYING on my client, who very clearly in his own mind had an expectation of privacy when he took his mask off. Ergo, being on private property and with his reasonable expectation of privacy fully intact, this evidence must obviously be suppressed.

    Judge : Wow. Just ... wow. That's certainly a very novel argument.

    Lawyer : Thank you, your Honor.

    Judge : Not novel in a good way, counsellor.

  • On the post: Deputy Wants Immunity After Breaking Bones, Tearing Ligaments Of Suspect During Arrest; Appeals Court Quickly Shuts Him Down

    Kaemaril ( profile ), 05 Aug, 2015 @ 01:37am

    appeal : [DO NOT PUBLISH]

    That turned out really well :)

    I wonder why the court didn't want that appeal published? Is that a regular thing for the court of appeal eleventh circuit?

  • On the post: John Oliver Gets Helen Mirren To Read CIA Torture Report As An eBook To Get People To Read It

    Kaemaril ( profile ), 17 Jun, 2015 @ 01:59am

    "The uploader has not made this video available in your country"

    I hate when that happens.

  • On the post: Reporter Who Wrote Sunday Times 'Snowden' Propaganda Admits That He's Just Writing What UK Gov't Told Him

    Kaemaril ( profile ), 15 Jun, 2015 @ 01:49pm

    "Um... well... I don't know the answer to that, George. Um.... All we know is that... um... this is effectively the official position of the British government"

    Oh, really? It's the official position of the British government? You'd think that, if it were the official position, you'd be able to rely on named sources, and not ones who are only willing to provide anything if their anonymity is protected.

    This is incredibly shoddy journalism, and any self-respecting journalist should be hanging their head in shame and promising they'll try to do better next time, not going on international TV and trying to defend the indefensible.

  • On the post: Suicide Girls Reappropriate Art That Appropriation Artist Richard Prince Appropriated — At A 99.9% Discount

    Kaemaril ( profile ), 28 May, 2015 @ 01:24pm

    Re:

    Why? My guess would be rampant stupidity.

  • On the post: FBI Investigating Chris Roberts For Hacking Flight WiFi, Taking Control Of Engines

    Kaemaril ( profile ), 18 May, 2015 @ 06:00pm

    I can't help feeling that if there were any evidence to show that he had done this - or even could do this - in real life, he'd already have been deposited in a nice secure cell while some prosecutor somewhere spent a few months pouring through his or her law books trying to sum up every single thing he could possibly be charged with and seeing if they could get the maximum possible sentence to get into triple figures ...

    On the other hand, as he's saying he was taken 'out of context', I wouldn't be at all surprised if he'd had a nice rambling conversation with some FBI agents during those interviews, mentioned what he thought the dangers might be, how interference could be technically possible, remarked how he might have had some initial successes in simulation etc ...

    And then the FBI drew up an affadavit using the scariest-sounding bits they could find - with 'in simulation' omitted - to get a worried judge to sign off on things.

  • On the post: Our Response To Sony Sending Us A Threat Letter For Reporting On The Company's Leaked Emails

    Kaemaril ( profile ), 21 Apr, 2015 @ 03:01pm

    Re:

    If they have any sense there will be no response, and they'll just quietly go about their business.

    If they try to double-down ... whoo boy, that's going to be fun watching Boise excoriated.

  • On the post: A Bit Late, But Lenovo CTO Admits The Company Screwed Up

    Kaemaril ( profile ), 21 Feb, 2015 @ 10:51am

    Re: Re: Re: Re: Re: Re: Everybody screws up sometimes

    Mr CEO : Why, Mr. NSA. It's really nice to meet you too. This guy to my right? Oh, you haven't met. Now, I'm not saying he's with Chinese Intelligence and I'm not saying he's not. But he's awfully knowledgeable about your children, practically a trivia buff on the subject.

    Hey, it's just as plausible :)

  • On the post: A Bit Late, But Lenovo CTO Admits The Company Screwed Up

    Kaemaril ( profile ), 21 Feb, 2015 @ 03:40am

    Re: Re: Re: Re: Everybody screws up sometimes

    Why would Lenovo, a company that people have been screaming about as they're a Chinese company and thus could be 'spying for China', collaborate with the NSA?

  • On the post: South Carolina Says It's A Felony For Prisoners To Look At Facebook; Sends Many To Solitary Confinement

    Kaemaril ( profile ), 13 Feb, 2015 @ 02:45pm

    Re: A Missing Point

    'Hey, honey, could you update my facebook page to say I was really sorry to hear Great Aunt Emma had died?'
    'FELONY! Extra time for you!'

    How is that NOT a first amendment issue?

  • On the post: Lawsuit: TSA Supervisor Got Traveler Arrested For Bogus 'Terroristic Threat' Charge, Lied About Incident In Court

    Kaemaril ( profile ), 10 Feb, 2015 @ 12:36pm

    Re: Re:

    "Have you got any organic matter in this bag, sir?"
    "Probably. I'm no scientist, so I can't say for certain. I think the bag's actually got a leather lining, so I think I might. Does leather count?"

    "Have you got any organic matter in this bag, sir?"
    "Sure have! I accidentally sneezed in it twenty minutes ago!"

    "Have you got any organic matter in this bag, sir?"
    "At the very least, the last time I put my hand in there it would have transferred some skin cells so I'm going to have to go with yes."

    "Trying to be funny, sir?"
    "Hey, if there's some standard definition of 'organic matter' you go with, maybe you ought to explain it before asking people."

  • On the post: Terrorized Into Irrationality: UK Police Demand Names of Charlie Hebdo *Supporters*

    Kaemaril ( profile ), 10 Feb, 2015 @ 12:26pm

    "Information relating to this specific incident has been permanently and securely disposed of."

    Oh, really? How? The moment it went onto a database, it was virtually guaranteed to be permanently and securely retained. Pressing "Delete" won't cut it, PC Plod.

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