Tanner Andrews 's Techdirt Comments

Latest Comments (1404) comment rss

  • On the post: NSO Group Owes Meta $167 Million In Damages For Using WhatsApp Servers To Deliver Malware

    Tanner Andrews ( profile ), 14 May, 2025 @ 03:35am

    bad analogy

    Cars that can go illegally fast can be used to escape cops after a robbery, but it would be virtually impossible to get damages out of a car manufacturer
    Yes, they can. But in your hypo the car manufacturer is not being sued for the bank robbery. In this situation, the malware vendor used the whatsapp service to the injury of the service and its customers. If the car manufacturer were using the bank's computers to assist robbers in defenestrating the cash, the situation would be different and the manufacturer could be liable.

  • On the post: The War On Internet Phone Calls

    Tanner Andrews ( profile ), 10 May, 2025 @ 04:03am

    ms teams considered unhelpful

    Nobody uses Teams in real life.
    Actually, some courts do use MS Teams for remote hearings. It sometimes works. Sometimes it does not. My experience has been generally unfavorable. Remember, MS Teams comes from the same people who brought you the MS Bing search enginge, and the MS Bob office productivity suite.

  • On the post: Here’s Everything Trump Is Doing To Protect Bad Cops, Make Things Worse For Crime Victims

    Tanner Andrews ( profile ), 10 May, 2025 @ 03:37am

    not quite so new

    The ugliness more or less started with the Southern Strategy.
    Certainly that was a sharp turn downward, but remember that the ``Party of Lincoln'' has long followed the views of Lincoln. He said that while colored folks ought not be slaves, they also ought not be allowed to socialize with white folks, or marry white folks, or serve on juries. Nixon perhaps brought that into sharper focus in order to leech votes from segregationists, but it was not a new view for the party.

  • On the post: Trump Administration Sets Up ‘Military Zone’ At Texas Border To Bump Up Immigration Arrest Stats

    Tanner Andrews ( profile ), 08 May, 2025 @ 02:23am

    this is different

    As long as they remember Musk is an immigrant.
    Well, you have to remember that Musk is an expressly white South African. Those are a special group, and there is now a special agency to assist them in matters of migration from there to the states. Things would be different if he were of darker complexion.

  • On the post: FBI Arrests Wisconsin Judge For Allegedly Obstructing The Arrest Of An Undocumented Immigrant

    Tanner Andrews ( profile ), 30 Apr, 2025 @ 03:56am

    immunity to service on travel to/from court

    I have personally served someone process who had shown up for court, in the hallway outside the courtroom.
    I have personally had service on a client quashed on that same fact pattern.

  • On the post: FBI Arrests Wisconsin Judge For Allegedly Obstructing The Arrest Of An Undocumented Immigrant

    Tanner Andrews ( profile ), 29 Apr, 2025 @ 05:19am

    judge did what was proper

    But she can’t actively aid someone in evading arrest.
    Historically, we as a people have decided that we want people to show up for court, whether as witnesses, parties, or otherwise. As a result, we have frequently held that service of process cannot be effected against someone coming or going to court. What the judge did is, essentially, uphold a couple hundred years of tradition and common law whose justification is still sound today. Sane people may commend her, and magats will of course celebrate the arrest.

  • On the post: DHS Deported A Two-Year-Old US Citizen To Honduras And Now A Federal Judge Wants Some Answers

    Tanner Andrews ( profile ), 29 Apr, 2025 @ 12:53am

    another reason for misnaming the gulf

    As for the judge using ‘Gulf of America’, letting the government slow things down with an argument between that and ‘Gulf of Mexico’ would slow the rest of the case down.
    There is another reason to do that. If the plane is identified as being above the ``Gulf of America'', then the court implicitly deems it to be above the U.S. portion of the Gulf. From that it follows that the government has especial control over it and the ability to return it to the States in order to avoid deporting a citizen.

  • On the post: One Of RFK Jr.’s ‘Extraordinary Healers’ Caught Measles, Kept Treating Patients In Facilities

    Tanner Andrews ( profile ), 29 Apr, 2025 @ 12:42am

    two possibilities

    From the cat-bird seat here in DeLand, I see two possible sets of facts.

    1. Ben Edwards is a medical doctor.
    2. He is not, but the health facilities let him practice anyway.
    For the first, if he is a medical doctor, then he has actual knowledge of how disease spreads. Going, with measles, in to practice in a hospital and conversing with uninfected people is not accidental spreading of disease, but rather the intentional infliction of harm. He ought not be allowed into any health facility in this county and probably not anywhere in this state. I express no views as to whether he ought to be allowed to practice in Texas. For the second, a hospital would be at least grossly negligent if it allowed an unqualified practitioner to enter and perform medical services in its facilities. I deem a medical degree and license to be essential qualifications. With either possibility, a facility is probably at least negligent in allowing anyone with measles to practice ion its premises without taking extraordinary precautions to contain the germs. Under the circumstances, I would expect both facility staff generally, and Ben Edwards in particular, to be familiar with measles.

  • On the post: 5th Circuit Obediently Lets AT&T Off The Hook For Major Location Data Privacy Violations

    Tanner Andrews ( profile ), 29 Apr, 2025 @ 12:18am

    arbitration is an unnecessary evil

    have massive numbers of people force them into arbitration?
    Normally,the arbitration firms are expected to be sensitive to the needs and desires of the ``frequent flyers'', which is to say, the companies using mandatory arbitration provisions. Sometimes this can backfire. Doordash was faced with thousands of individual arbitrations and was not pleased. Turbo-tax likewise was not eager to pay ~40000 arbitrations at $3200 each. I am not sure Amazon would have wanted to defend ~75000 arbitrations or pay the arbitration fees for them. Google certainly did not want to deal with 69507 individual arbitrations, either. It takes a large firm and some support effort to do it, because of the challenge of managing thousands of very similar but not identical cases, but for some firms it is worthwhile. With some appropriate forms drafting, it may even be easier than doing a class action. The big business lobby (a/k/a US Chamber of Commerce) are squealing about this, though not always with full candor.

  • On the post: Trump Admin, DOGE Are Turning Multiple Gov’t Components Into A Giant Racist Database

    Tanner Andrews ( profile ), 26 Apr, 2025 @ 05:15pm

    not even a new idea

    So, if you get hit by a forklift at work and die because you can’t afford the Healthcare as you bleed out slowly and internally- clearly you deserve to.
    In Florida, that is already pretty much the law. Inservices v. Augilera, 837 SO.2d 464 (3DCA 2002).

  • On the post: DOJ Learning In The Abrego Garcia Case That Judges Don’t Like Being Lied To

    Tanner Andrews ( profile ), 26 Apr, 2025 @ 12:24am

    digital math

    negative number of votes is actually impossible
    I think they later wound up treating it as an unsigned short, giving a number far greater than the number of people in that part of the county. The negative ~16K was just the election night report, but I think it was included in the early totals and was enough to convince one of the candidates that he had lost.

  • On the post: Elon Musk Pretends He’s Leaving The Job He Supposedly Doesn’t Have To Not Return To The Job He Supposedly Never Left

    Tanner Andrews ( profile ), 26 Apr, 2025 @ 12:19am

    citation needed

    I have found several inaccuracies in your article where you left out key information out of statements
    Your report of inaccuracies would be far more useful if you actually identified some of the ``several inaccuraces'' you found.

  • On the post: Elon Musk Pretends He’s Leaving The Job He Supposedly Doesn’t Have To Not Return To The Job He Supposedly Never Left

    Tanner Andrews ( profile ), 26 Apr, 2025 @ 12:13am

    citation needed

    You can only pardon the convicted
    Are you overruling the Supreme Court's decision in Ex parte Garland, 71 U.S. 333 (1866) on your own authority, or do you have a citation for us? And, for that matter, have you any good explanation for Burdick v. United States, 236 U.S. 79 (1915) consistent with your assertion?

  • On the post: DOJ Learning In The Abrego Garcia Case That Judges Don’t Like Being Lied To

    Tanner Andrews ( profile ), 24 Apr, 2025 @ 02:51am

    may not happen

    judge finally jails members of the administration for contempt of court, the president will just pardon them
    For the criminal contempt,sure. It would not be the first disgraceful pardon for criminal contempt. But this smells of civil contempt, with jail being only until compliance with the order is achieved. The civil contemnor ``carries the keys of his own prison in his own pocket'', United Mine Workers v. Bagwell. 512 U.S. 821 (1996).

  • On the post: DOJ Learning In The Abrego Garcia Case That Judges Don’t Like Being Lied To

    Tanner Andrews ( profile ), 24 Apr, 2025 @ 02:42am

    the price of haste

    Bush v Gore took significantly less time on a much more complex issue.
    Yes, but you should remember that, in their hurry, they got it wrong. They ruled that counting all the votes, including those from the precincts in Dade and Broward with darker-complected people, would violate the equal-protection rights of the lighter-complected people. Also I am not so sure the issue there was particularly complex. The question presented boiled down to whether the state should count all the votes according to established standards. That was probably an important question in a state where the machines in one precinct (DeLeon Springs) initially reported a negative nuber of votes. After sufficient delay to reach an artificial December deadline, the Court said that there was no longer enough time to count the votes. In short, Bush v. Gore, 531 U.S. 98 (2000) was not a shining example of the court working fast but carefully to achieve a proper result. As the court itself said, the ruling should be limited to ``present circumstances'' and not viewd as precedent. Id at 109.

  • On the post: Cops Who Attended ‘Stop The Steal’ Rally Ask US Supreme Court To Keep Their Names Out Of The News

    Tanner Andrews ( profile ), 24 Apr, 2025 @ 01:55am

    attending a rally

    The point of attending a rally is to offer public support. When a person goes to the rally, he is there to make a public show of support. The organizers expect or hope that the rally will make the news or at least be shown on social media. This lets them demonstrate public support for their cause. Of course being at such a thing, which is hoped to be newsworthy, means that you can reasonably expect to be seen and possibly photographed. It seems a bit dishonest for a cop who was attending a rally to show support for his preferred felon to suddenly not want to have been seen showing support.

  • On the post: Trump Admits US Can Get Abrego Garcia Back From Torture Camp He Was Accidentally Sent To; But DOJ Makes Clear It Won’t Even Ask

    Tanner Andrews ( profile ), 18 Apr, 2025 @ 02:12am

    implied limits

    The Declaration of Independence emphasizes that every individual is equal in possession of “certain unalienable rights” like life, liberty, and the pursuit of happiness
    Well, actually, it was expressly limited to men. Ladies were, after all, chattels. Implicit but well understood at the time was that "men" meant white, land-owning men. Obviously persons of color (which some signers owned) were not equal, and people who did not own property were unworthy of consideration.

  • On the post: Trump Admin’s New Defense For Accidentally Sending Abrego Garcia To Salvadoran Torture Camp: We Meant To Do That

    Tanner Andrews ( profile ), 16 Apr, 2025 @ 01:26am

    interstate commerce

    There are worse examples of SCOTUS ignoring literal text, such as Gonzales v. Raich in which intra-state non-commerce was found to fall under the inter-state commerce clause.
    Hardly new or novel. In Wickard v. Filburn, 317 U.S. 111 (1942), the court held that growing wheat for one's own use could be regulated as interstate commerce, because if Mr. Filburn had not grown his own wheat, he might have purchased wheat from out of state.

  • On the post: Amid The Measles Outbreak, HHS Cuts 1/8th Of Workforce

    Tanner Andrews ( profile ), 06 Apr, 2025 @ 11:21pm

    a popular myth

    [ sacking health officials who track disease ]
    It is said that the ostrich buries its head in the sand in order to hide from and thus evade danger. The reality, that it is actually searching for appropriately sized rocks for its gizzard, is somewhat more prosaic and less amusting.

  • On the post: Lawyers Last Chance To Pick Which Side Of History They Want To Be On

    Tanner Andrews ( profile ), 04 Apr, 2025 @ 01:47am

    insufficient data

    Lawyers like a bunch of the rich and powerful are evil and vile people.
    Which ones? The ones who took the stand, or the ones who took the dive?

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