Michael Donnelly 's Techdirt Comments

Latest Comments (56) comment rss

  • On the post: Where Is The 'Free Trade' In The TPP IP Chapter?

    Michael Donnelly ( profile ), 21 Nov, 2013 @ 01:05pm

    It's right there, silly.

    You do something the big media companies don't like, they're free to sue you. If they can't, they're free to force your country to change the laws to allow them to sue you.

    Bingo, bango, bongo.

  • On the post: FISA Court Tells The DOJ That It Needs To Explain Why It's Ignoring Order To Declassify Surveillance Opinion

    Michael Donnelly ( profile ), 20 Nov, 2013 @ 05:06pm

    Or another way of looking at it:

    Government: we can't release the opinion because of Shiny Distracting Object.

    Court: you failed to explain Shiny Distracting Object. You are ordered to submit a detailed explanation of Shiny Distracting Object.

    And off we go, away from PUBLISHING THE GODDAMN LAW to fighting about pointless shit. I wonder what will happen next? My money is on "anything other than publishing the goddamn law".

  • On the post: This Weekend's Rally Against NSA Surveillance Gaining Steam

    Michael Donnelly ( profile ), 24 Oct, 2013 @ 05:20pm

    That's correct, Senator. There is no bulk collection of NSA-supporting politicians' names under this rally.

    (hee, hee)

  • On the post: NSA Urged US Officials To 'Share Their Rolodexes' So NSA Knew Phone Numbers Of World Leaders To Track

    Michael Donnelly ( profile ), 24 Oct, 2013 @ 12:36pm

    Obvious shell game.

    Come on, Mike, how could you miss the "under this program" trick? Oh, wait, you got it. Because it's there EVERY GODDAMN TIME.

    Ahem. Moving on.

  • On the post: Appeals Court Says Feds Need To Get A Warrant To Attach GPS Device On A Car

    Michael Donnelly ( profile ), 22 Oct, 2013 @ 03:00pm

    Why law enforcement doesn't want warrants.

    It's quite simple: without a warrant, a technique can be applied in bulk. There's no such thing (technically) as a "general warrant", so when a method of surveillance requires one, then it can only be used as tool once an investigation is underway.

    On the other hand, something that is "warrantless" can be applied to everyone, all the time.

    My general rule of thumb when I see a method of surveillance that does not require a warrant is to assume that it is already being used on everyone, all the time. That assumption has proven to be conclusively true many times in the last six months or so.

  • On the post: EFF Lawsuit Uncovers Abuse Of Surveillance Drones; DHS Files Motion To Suppress Further Transparency

    Michael Donnelly ( profile ), 03 Oct, 2013 @ 10:16am

    Govern themselves accordingly. Zing.

  • On the post: Who Should Be On The 'Independent' NSA Surveillance Review Board?

    Michael Donnelly ( profile ), 12 Sep, 2013 @ 03:59pm

    I second the #1 pick.

    Ed Felten is a "policy wonk" by his own words. He is exactly the guy that needs to be there.

    He's also (or was a few years ago) the administrators of the wireless network in Princeton's main comp sci building. I met him in 2007 when there talking to an expert witness about the Glider case. I had to get on the wifi because my crappy first-gen iPhone couldn't get any of T-Mobile's crappy EDGE in the building.

    He said, "Did you do the GeoHot hack on that where you have to jumper the pins on the memory controller while running a program?"

    Awww, yea. My kinda guy.

  • On the post: What Convinced Obama To Change His Position On NSA Surveillance?

    Michael Donnelly ( profile ), 12 Sep, 2013 @ 08:39am

    Re:

    She's using it as correctly as can be done in modern writing, which is a synonym for "raises the question". She's not using it as a fallacy.

    What DID change his mind? That's the question. She poses it without trying to establish a conclusion.

  • On the post: Though Wrong About 'Treason', Yahoo's Marissa Mayer Shows Why It's Hard To 'Just Say No' When The NSA Comes Calling

    Michael Donnelly ( profile ), 12 Sep, 2013 @ 12:26pm

    My comment about posting the NSL still on your mind?

    Keep in mind, I wasn't calling for outright refusal, but I still believe it must be done when the time is right.

    We don't know what the Lavabit founder got in terms of the NSL. If it is something that the government can reasonably ask for (turn over these records, answer these interrogatories) with a gag order, then I agree it would be stupid and counterproductive to post it. It seems fairly likely that there may possibly be situations where that kind of gag order might be necessary for imminent threats against the country.

    But if the NSL contains orders that a normal citizen does not believe is allowed under the Constitution, then someone must fight. I'm thinking "install this device on your network between these two servers, and don't consult an attorney, and don't talk about it" kind of level. If that is being sent to people, as we suspect it might, then it must come out.

    Maybe they are never that evil. But if they are, the only way we'll find out is when someone risks life and livelihood to protect our freedom. We'll definitely never get to the bottom of those letters from the other end of the gun through Clapper and the rest of the liars.

  • On the post: Why Companies Should Start Regularly Reporting That They Have Not Received Secret NSA Orders

    Michael Donnelly ( profile ), 11 Sep, 2013 @ 10:24am

    Re: Re: Billy's right.

    I disagree there. If you think that you're Constitutionally-protected and have a right to speak out about it, then it really isn't an option: you MUST speak out. It's your duty as a citizen.

    It's painfully clear that this problem isn't going to go away without some dead heroes. Nobody wants to be the guy at the center of the firestorm, but it's the only way to create a firestorm. The existing government apparatus clearly is not capable of any meaningful reform, even if the desire were there.

    The ad-driven media won't rally around a bunch of leaks without a victim headline to draw readers. We already know that as well.

    Too bad I haven't received an NSL yet. ;)

  • On the post: Why Companies Should Start Regularly Reporting That They Have Not Received Secret NSA Orders

    Michael Donnelly ( profile ), 11 Sep, 2013 @ 09:31am

    Billy's right.

    I think the most appropriate thing to do at this point in the drama is to simply post the NSL if you get one.

    There will be consequences, but that is how you fight.

  • On the post: Microsoft Uses DMCA To Block Many Links To Competing Open Office

    Michael Donnelly ( profile ), 15 Aug, 2013 @ 09:00am

    DMCA notices are not "filed".

    Minor nitpick: DMCA takedown notices are simply sent to providers and then handled by that provider however they see fit. They are not "filed" with any organization or court.

    Not that it matters particularly much to this topic, but it's the kind of subtle error that slowly builds up confusion in readers who are not law fiends.

    DMCA takedowns already contain too much implied weight on their own. There's no need for people to think they are actual pleadings.

  • On the post: Cost-Benefit Analysis Of NSA Surveillance Says It's Simply Not Worth It

    Michael Donnelly ( profile ), 09 Aug, 2013 @ 08:58am

    You missed the biggest hard cost.

    Mike: what about the money that the NSA itself is actually spending? It's easy to get caught up in the privacy issues and the financial impact on American business. Those are real and very serious.

    But what's being overlooked, probably because it's classified, is how much the program is costing US taxpayers directly. Data centers don't build themselves. Huge checks to telcos to turn over a shitload of data don't appear from thin air. Litigating the hell out of all these indefensible positions takes a lot of effort.

    So we're all paying quite possibly a substantial amount for this nothing.

  • On the post: Charles Carreon Having Some Difficulties Trying To Represent His Wife In Court Over Copyright Infringement Claims

    Michael Donnelly ( profile ), 07 Aug, 2013 @ 06:47am

    Ah, don't worry about the precedent.

    It seems very unlikely that the court is ever going to address any copyright-related issues.

    Penguin's lawyers will kill it on the shaky procedural grounds that Team Carreon has created.

  • On the post: Jack Daniel's Shows The World: Here's How To Send A Polite Cease-And-Desist

    Michael Donnelly ( profile ), 24 Jul, 2012 @ 07:39am

    The third party isn't just the public...

    ...but also people who are buyers of Jack Daniels' product.

    That's the part that really blows me away when a lawyer fires off an overbearing C&D against a company that is of no legitimate threat to the brand. All you're doing is alienating that third party.

    Jack Daniels was certainly aware that this letter would wind up in the public eye and they would be lauded for their conduct. This is good marketing.

    Corporations will not suddenly become good citizens unless it raises profits. Indeed, they might even face shareholder lawsuits if they were to sacrifice dollars for niceness.

    But they will certainly find their way as such threats impact the bottom line more, both positive and negative. I give my props to Jack Daniels for doing the most profitable thing with the least amount of effort - that happens to also be the "right" thing.

  • On the post: US Gov't And Hollywood Have Turned Kim Dotcom Into A Beloved Cult Hero

    Michael Donnelly ( profile ), 05 Jul, 2012 @ 03:41pm

    Americans love relative evil.

    The "good guy" is always the one who happens to be less evil of the two. It's pretty much the entire basis of modern American politics: all you have to do is be less of a douche than the other guy.

    People (myself included) will only hear the first part of "so-and-so is unsympathetic defendant, but the US govt has overreached again" so many times. After awhile, they only hear the latter. Line up some sympathetic third parties who have been negatively affected by the hamfisted action and pretty soon you can have Darth Vader in there pushing crack to nuns and he'll have fans.

    And, yes, Masnick is right. The govt and **AA guys should have known this would happen. In fact, they probably did. The confusion is whether or not they care. I don't think they do care.

    Their mission is already accomplished. MegaUpload is toast. Anything bad that comes now is just a number on the receipt to be signed off after the last glass of wine is paid for.