Tanner Andrews’s Techdirt Profile


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  • Sep 21st, 2020 @ 5:29pm

    Florida Man Laughs at Dershowitz

    yes, he found an actual Florida man lawyer

    Not a problem. Hey, I would be willing to accept that file. Wait, what, you mean on the Plaintiff's side? That's different.

    A real Florida man would defend and have some fun laughing at the plaintiff. You will want to bring someone in from out of state to represent the Dersh.

    The plaintiff is revealed by his own words as a goof, probably the sort that is commonly produced in New York and environs. That is not going to encourage the native attys to represent him. But, like I said, you should be able to find someone from out of state that will take that side of the case.

  • Sep 17th, 2020 @ 12:47am

    Some Inconvenience Amelierated

    If the government avers that disclosure of information relating to the surveillance would harm national security, then the court can review the materials bearing on its legality in camera and ex parte. [from the opinion]

    Due process requires notice and opportunity to be heard. Mathews v. Eldridge, 424 U.S. 319,333 (US 1976).

    The idea that the government can supply secret material to the court and not share it with the opposing party would seem to be contrary to the notice requirement. If you cannot see what you are responding to, then notice is essentially meaningless.

    And the court deciding, ex parte, based only on government submissions, would seem to be contrary to the opportunity-to-be-heard requirement. If you cannot be heard, then you have make-believe due process at best. Sure, that works in Russia, or Red China, but we may not want that in the civilized world.

  • Sep 17th, 2020 @ 12:16am

    Re: Wait,.. What?

    do they think they will get infected by their imagination from what they think they see over a Internet Video Call

    Perhaps the infection is less likely to come in over the internet, and more likely to come in from sharing a room with other people as was stated in the original article which you may have missed.

    Yes, Ceyarrecks, MS windows does serve as a great growth and propagation medium for elecronic infections. However, the problem here is real-world infections commonly spread by proximity to other people who are breathing.

    The evidence suggests that the superintendent here is no brighter than most, and is an unpleasant person in a public-facing position to boot. His refusal of a reasonable accommodation (available remote teaching position) and his advice to violate the masking laws of his state suggest that he is unfit for position. The school board, being about as bright as most of them, will surely fail to make meaningful response to the superintendent's failures.

  • Sep 16th, 2020 @ 1:15am

    Might Be Just My Imagination

    But it seems that the links that ought to download the judge's saying "um, no, try again." actually bring up more Liebowitz paper.

  • Sep 15th, 2020 @ 4:17am

    The Really Amazing Thing

    Evidently, there are still people out there who trust paypal with their money. It is not clear why this would be.

  • Sep 14th, 2020 @ 11:32pm

    Re: Re: Re: Re: Parody?

    It's the old golden rule of the security triangle - when you add convenience to a cheap system, security suffers.

    And here, where is the convenience? Images do not load, which means that the image storage site fails in doing the one thing which it is supposed to do.

  • Sep 14th, 2020 @ 7:05am

    Re: Re: secret code words

    decides to start using politicians' names as code words for extreme adult content

    Or, given one politician's expressed interest in his daughter, using that pol's name as a code word for otherwise-banished child porn content.

  • Sep 14th, 2020 @ 1:07am

    Re: Re: Re:

    "people are getting banned from social media for far, far less"

    Not so! People who found twitter inhospitable started a movement a few months ago. And by moving, I mean they are moving themselves to Parler. According to the Parler web page, they ``allow free speech and do not censor ideas, political parties or ideologies''.

    Indeed, I seem to recall at the time several prominent twits announcing their moves to Parler. Maybe someone just missed the notice at the time? At any rate, Parler is still there for those with controversial views.

  • Sep 13th, 2020 @ 3:32pm

    Missing the Key Benefits

    Not only do the cops get fun videos, but in many of these investigations they also get free entertainment from the girls in question. If not directly free, sometimes the city will pay the fees assessed by the girls. This is treated as investigation expenses.

    It does not always turn out well. A few years ago here in the City, cops used city funds to pay the ladies. Then. when it all came out, there was humiliation and divorce for at least one of the involved officers. I do not recall that they were asked to reimburse the city treasury, however.

  • Sep 13th, 2020 @ 6:52am

    secret code words

    Evidently they have secret code words for otherwise objectionable content. So, you search using "5g" for unreliable health information, or "we go all" to learn about the undesirability of darker-complected persons. And there is a different secret keyword, not mentioned in the article, for potentially illegal dirty pictures.

    It seems a fair trade off to me. If you want that content, you can have it. And if not, well.

    The problem comes up when you get suppressed content because it is related to your actual search. You go looking for information about car phones, and that leads to "5g", which leads to the unreliable health information, or, worse, information about the over-hyping and under-delivery of phone service.

    Perhaps a bug fix is in order. Unless you expressly ask for the suppressable information, normal exploring does not bring it up. Getting this ``right'' is what computer scientists call an NP-hairy problem.

  • Sep 13th, 2020 @ 5:41am

    Any more such victories and we shall be ruined

    The wins belong to the public and longtime critics of the NSA's bulk collection program

    Yes, the public "wins" by having its rights trampled with no remedy to be had and no deterrent to future government misconduct. Many people would call this a loss rather than a win.

  • Sep 10th, 2020 @ 5:18pm

    Re: Parody?

    [two "imgur" links]

    Just so you know, the links do not work. They produce a message "If you're seeing this message, that means JavaScript has been disabled on your browser, please enable JS to make Imgur work."

    This may be a bug on imgur, though it seems hard to imagine why one would need or want javascript to dump out an image file.

  • Aug 31st, 2020 @ 7:36pm


    If you think the FBI is full of shit

    Then you have been paying attention.

    No, it is nothing new, the ``black bag'' jobs on MLK date back to the Hoover era. And the lying to the FISA court does not speak well of their reliability. Nor can we really praise them highly for creating and framing up their own ``terrorists'', such as Sami Osmakac.

    Sensible people, informed that the FBI said that the sun rose in the east this moring, should seek additional evidence to rule out the possibility of a kid with a very tall pole and a flaming torch.

  • Aug 30th, 2020 @ 3:32pm

    Re: Re: Stupid

    filing such a lawsuit against a large, California-based company in a California court

    If only! Turns out he filed it in Federal court (N.D. Cal.). That means there is less chance of the California anti-SLAPP statute being applied.

  • Aug 30th, 2020 @ 3:24pm

    Re: Does PragerU v YouYube apply?

    Manhattan Cmty. Access Corp. v. Halleck, 139 S. Ct. 1921, 1930 (2019)

    The problem with that one is that it was fairly obviously wrongly decided. The facts there were that the govt had delegated its decision-making power to a private entity, which then engaged in viewpoint discrimination.

    There are certainly better cases out there. What you want is a fact pattern where a private entity makes its own decision on what speech to support.

    But wait, is it not standard practice for private entities to decide what they want to say? Well, sure, and that is why this suit fails. Probably sanctionable as frivolous, though that seems unlikely.

    Maybe an offer of judgment will help, Federal courts seem reluctant to apply the anti-SLAPP laws even where they ought to. For that, see Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938).

  • Aug 27th, 2020 @ 11:32pm

    Re: Re: Re: Re:

    i don't get the continuing, market-saturating "craft brew" infatuation with [IPA]

    Partly, I suppose, it has to do with the fact that lots of people enjoy that type of beer. Mind you, this is mostly American IPA, or regional varieties of that.

    Our IPA is hoppy and fresh, not old and caramel-flavored. There are variations, of course, but generally speaking the good ones are give off a nice hops aroma and have good flavor.

    The best regional variation, of course, is what is known as DeLand Pale Ale, like an IPA but with a bit of wheat in the grain bill to give you that excellent head and just a little bit of spice.

  • Aug 27th, 2020 @ 6:18am

    (untitled comment)

    There are quite a few schools, including high schools, which use ``garnet and gold'' as school colors. It would be hard to see the colors as a protectable trademark because they do not distinctively identify the origin of any goods or services.

  • Aug 26th, 2020 @ 12:55am


    why is this case different and he cannot be fired

    Not so much that he cannot be fired, as that he cannot be fired based on the outrageous opinions expressed in the speech.

    On remand, the defendants will have a chance to show that the speech was more than unpopular opinion. If they show that it reflects an unwillingness or inability to properly perform job duties, or that it is disruptive to the EMS work environment, then the sacking would still be deemed legitimate.

  • Aug 20th, 2020 @ 7:30am

    (untitled comment)

    What are the punishments for breaking either law if any?

    None. This appears to be a declaratory judgment action, and the court gave a declaration that says the South Wales deployment of automatic facial recognition did not comply with surveillance law or with anti-discrimination law. This is very rough summary, the ultimate results are at the end of the opinion and before the appendix.

    Will the police administrators and officers be held personally accountable for knowingly breaking the law

    Pull the other one, it's got bells on.

    In this case, however, that may not be as unfair as it seems. It is arguable, at least from the lower court views, that the question of legality was not well settled.

  • Aug 16th, 2020 @ 12:33pm

    supporting the interest of his clients

    raised questions about how committed he is to the 1st Amendment as opposed to just supporting the interests of his clients

    Actually, that is correct for any lawyer. We do not impute to an attorney the views of his client, which may indeed be anathema to the attorney.

    Perhaps the easiest example is National Socialist Party of America v. Village of Skokie, 432 U.S. 43 (1977), wherein free-speech attorneys argued in favor of free speech for a group which, if successful in its goals, would have eliminated free speech for pretty much anyone.

    Many attorneys wind up with clients whose views they would not endorse, but whose need for counsel is still present. Need I point out that roughly half the people charged with crimes and going to trial are guilty of their crimes? We should not impute a preference for outlawry to the attorneys handling those cases, even in the cases where the clients are guilty but insisting that the government be required to make a case.

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