Upstream 's Techdirt Comments

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  • On the post: Georgia Republicans Try To Punish Delta For CEO's Statement About Voting Rights Law

    Upstream ( profile ), 02 Apr, 2021 @ 04:17pm

    Re: Oh look, actual attempted censorship...

    the fact that they're open about admitting that this was an attempt to punish someone for publicly disagreeing with them is all sorts of concerning and shows an open contempt for the first amendment, which is not something you want a politician to display.
    It may, however, be one of the most honest things to come out of a politicians mouth in recent memory.

  • On the post: California Supreme Court Says Keeping People Locked Up Just Because They Can't Make Bail Is Unconstitutional

    Upstream ( profile ), 02 Apr, 2021 @ 02:13pm

    Re: Re: Re: Correction?

    Amen! You got my vote. But it will be a hard sell because it removes power from prosecutors, and because many of the legislators and governors, etc, that would need to be on board are former prosecutors themselves. We need to get rid of the prosecutor -> politician -> legislator -> governor pipeline, too. It does much to warp the entire governmental mindset.

  • On the post: California Supreme Court Says Keeping People Locked Up Just Because They Can't Make Bail Is Unconstitutional

    Upstream ( profile ), 02 Apr, 2021 @ 08:24am

    Re: Bail in general is a racket

    Bail is not the only component of the law enforcement / prison (jail) / industrial complex that is a racket. Most all components of this system have devolved into rackets: bail bond services, communication services, food services, medical services, transportation services, clothing services, maintenance, equipment, supplies . . . . Basically everything involved is paid for by either the taxpayers, the prisoners themselves, or their family / friends. That is why the system has evolved to arrest so many people and keep them locked up as much as possible and for as long as possible. The current trend toward some minor bail reform is a good, but small, step in the right direction. However, it, and all other reforms to the law enforcement / prison (jail) / industrial complex are being fought by all the beneficiaries of the status quo: the police, prosecutors, bail bondsmen, and scores of various contractors and suppliers. In some places where bail reform has been enacted, judges are increasingly rendering the reform moot by denying bail entirely for most defendants. They are afraid of the Willie Horton effect. There is a lot to be said for the concept that prison (jail) is for people we are afraid of, not people we are mad at. But it takes a lot of political courage to support that kind of concept, and, as others have mentioned, political courage is in critically short supply these days.

  • On the post: Amateur Online Detectives Have Apparently Decided Facial Recognition Tech Is Good As Long As They're The Ones Using It

    Upstream ( profile ), 01 Apr, 2021 @ 10:24am

    Is this even possible?

    And when citizens do it, they're operating with fewer restraints and less accountability [than law enforcement].

  • On the post: FCC Wants To Hear Your Thoughts On Crappy US Broadband

    Upstream ( profile ), 01 Apr, 2021 @ 07:47am

    I filled out the form, but . . .

    It will take an absolute flood of complaints (as in "break the Internet" kind of flood) to stand even a snowball's chance of making a difference. It will be nigh impossible to generate enough public outrage to cause that flood. I also don't see this issue as being high on the Harris / Biden list of grandstanding / pandering topics.

  • On the post: State Appeals Court Says Flying A Drone Over Someone's Property Violates The Fourth Amendment

    Upstream ( profile ), 30 Mar, 2021 @ 06:47pm

    Missing the underlying point

    The township claimed the defendant was keeping too much "junk" on their property, a tipping point that apparently could only be determined by circling overland.

    If the excess "junk" can't be seen and photographed from the street, sidewalk, or any neighboring public or private property, but only from a drone hovering overhead, it cannot be considered an "eyesore" to anyone, nor can it even be considered a violation of some snowflake's imagined "rights," therefore it shouldn't be any of the government's damn business!

  • On the post: Recordings, Transcripts Show Police, Prosecutors Lied To A Grand Jury To Bring Gang Charges Against BLM Protesters

    Upstream ( profile ), 26 Mar, 2021 @ 05:31am

    Re: Re: Gang Charges

    There is a significant distinction to be made between association and conspiracy. I'll give two examples to illustrate the point: The FBI conspires with individuals to induce them to commit acts for which those individuals can then be arrested and prosecuted as terrorists. In this case it would be completely appropriate for the FBI agents to face the same terrorism charges as the individuals with whom they conspired. Of course, it would be infinitely better if the FBI did not participate in the creation of crimes (or participate in politically motivated investigations, surveillance, etc) to begin with, but that is another topic. On the other hand, you could be said to associate with the occasional anonymous troll, by virtue of being a fellow Techdirt commenter and sometimes posting replies to their ignorant, boorish, small-minded, idiotic, (list continued here, scroll about halfway down) remarks. In this case it would not be appropriate at all for your comments to be flagged as abusive/trolling/spam, as the troll's comments often are. Big difference. While I have not actually answered the question "Where do you draw the line?" I think I have made it clear that "guilt by association" is a bad idea. Drawing definitive lines in what is actually a very large gradient between what is definitely "OK" and what is definitely "NOT OK" is something people have been trying to do since there have been people, using various legal, moral, ethical, religious etc systems, with what I would argue has been a rather disappointing lack of success.

  • On the post: Biden Administration Says There's Nothing Wrong With ICE Setting Up A Fake College To Dupe Foreign Students Out Of Their Money, Residency

    Upstream ( profile ), 26 Mar, 2021 @ 11:07am

    RICO?

    Government may not qualify as RICO but it sure as hell qualifies as organized crime.

  • On the post: If Trump Ever Actually Creates A Social Network Of His Own, You Can Bet It Will Rely On Section 230

    Upstream ( profile ), 25 Mar, 2021 @ 11:46am

    Re: Re: Re: If Maz ever wants a gun, he'll rely on 2nd Amendment

    These are not easy questions to answer factually.
    Very true. But as long as we are off-topic and speculating: What about the proposition that more "good people with effective means of self defense" would correspond to a somewhat increased likelihood that one of them might be in a position to respond to a multiple murderer, and might be able to limit the tragedy the murderer is causing? Or the similar proposition that fewer "good people with effective means of self defense" would correspond to a somewhat decreased likelihood that one of them might be in a position to respond to a multiple murderer, and might be able to limit the tragedy the murderer is causing? Would we prefer an increased chance of a better ( or less bad) outcome, or a decreased chance of a better ( or less bad) outcome? Your view on this might depend on whether or not you were next in line to be murdered.

  • On the post: Recordings, Transcripts Show Police, Prosecutors Lied To A Grand Jury To Bring Gang Charges Against BLM Protesters

    Upstream ( profile ), 25 Mar, 2021 @ 01:45pm

    Gang Charges

    Charges were brought, including one very damaging one: assisting a criminal street gang. Gang charges are automatic felonies with hefty sentence enhancements.

    The whole concept of sentencing "enhancements" as a result of being part of a disfavored group, or as a result of committing crimes against a favored group (hate crimes, etc) is an affront to the principles of freedom of association and equal protection under the law.

    It is also clearly unconstitutional.

    While freedom of association, whether it be with "bad people" or a book club, is not specifically mentioned in the Constitution, it has long been recognized by the courts as a basic right. Equal protection under the law is, of course, guaranteed in Section 1 of the 14th Amendment.

    Of course, unconstitutional affronts to basic rights and decency are stock-in-trade for cops, prosecutors, legislators, courts, Governors, Presidents...authoritarian government types in general.

  • On the post: North Carolina Legislators Push Bill That Would Prevent Cops, Prosecutors From Charging Six-Year-Olds For Picking Flowers

    Upstream ( profile ), 24 Mar, 2021 @ 08:51am

    Re: Re:

    Uhmm, the whole article. The article is entirely about cops and prosecutors (and schools) involving ever younger children in the criminal legal system, a system from which there is really almost no escape. People are the raw materials that feed the system. Younger children = further up the supply chain.

  • On the post: If Trump Ever Actually Creates A Social Network Of His Own, You Can Bet It Will Rely On Section 230

    Upstream ( profile ), 24 Mar, 2021 @ 09:57am

    Love versus hate

    So he's already got a precedent for relying on the very same laws he hates in court.

    Like so many things among the completely unprincipled, his opinion of a law just depends on which side of the lawsuit he's on.

  • On the post: North Carolina Legislators Push Bill That Would Prevent Cops, Prosecutors From Charging Six-Year-Olds For Picking Flowers

    Upstream ( profile ), 24 Mar, 2021 @ 03:44am

    With prisons (and probation and diversionary programs, etc) being such a cash cow for the law enforcement / prison / industrial complex, is it any wonder that we see these continued efforts to take control of the human supply chain further and further upstream?

    Next up: Baby cries too loudly in the neonatal ICU and out springs a cop with a pair of tiny tie-wrap handcuffs to whisk the baby off to kiddy kangaroo kourt.

  • On the post: Connecticut Legislature Offers Up Bill That Would Make Prison Phone Calls Free

    Upstream ( profile ), 24 Mar, 2021 @ 03:31am

    Prisons -- for better or worse -- are a public service.

    This is what they should be, a public service to keep dangerous people from being able to further harm the rest of society. But to the law enforcement / prison / industrial complex they are a foundational block of the profit pyramid.

    We should really try to emulate this.

    But with the huge profit margins and the political power of the cops receiving the kickbacks driving significant resistance to simply elimating phone call extortion, don't expect foundational change anytime soon.

  • On the post: Drone Manufacturers Are Amping Up Surveillance Capabilities In Response To Demand From Government Agencies

    Upstream ( profile ), 22 Mar, 2021 @ 08:50pm

    Re:

    The FCC cannot stop you from protecting your property, even it if means jamming whatever radio frequencies criminals are using.
    Citation needed.

  • On the post: Data Shows The NYPD Seized 55,000 Phones In 2020; Returned Less Than 35,000 To Their Rightful Owners

    Upstream ( profile ), 18 Mar, 2021 @ 02:30pm

    Re: A bit of math

    Yes, I know there are other costs, vehicles, buildings, etc. But the point still stands.

  • On the post: Appeals Court Decision Shows The Cleveland PD Cares More About Being Lied To Than About Officers Killing Children

    Upstream ( profile ), 18 Mar, 2021 @ 04:46pm

    Upside down priorities

    There have been cops that have gotten in more trouble for posting trash on FB (racist or similar) than for murder.

    "It's OK to shoot, just don't get caught throwin' shade" is a seriously perverted state of affairs.

  • On the post: Data Shows The NYPD Seized 55,000 Phones In 2020; Returned Less Than 35,000 To Their Rightful Owners

    Upstream ( profile ), 18 Mar, 2021 @ 02:28pm

    A bit of math

    $10.9 billion / 36,000 officers = almost $303,000 per officer

    $10.9 billion / (36,000 officers + 19,000 other employees) = almost $260,000 per employee

    Data from here.

    Wow. You get paid the big $$$ to kill, maim, assault and rob people, with little to no chance of experiencing any consequences. The thug life doesn't get much better than that.

  • On the post: Florida Sheriff's Office Sued For Using 'Predictive Policing' Program To Harass Residents

    Upstream ( profile ), 16 Mar, 2021 @ 03:51pm

    The other side

    A decade of abusing the public and the public's trust and all the Pasco County Sheriff's Office has to show for it is a brand new lawsuit.

    The targeted residents of Pasco county have a lot more to show for it: a decade of harassment, fines, arrests, convictions, jail time, etc.

  • On the post: Google's Efforts To Be Better About Your Privacy, Now Attacked As An Antitrust Violation

    Upstream ( profile ), 16 Mar, 2021 @ 12:57pm

    Lawyers

    Many (most?) lawyers spend a great deal of their educational and professional years perfecting the art of taking any act, statement, or circumstance and turning it into both incontrovertible evidence of "A," and also incontrovertible evidence of "Not A."

    This often starts in high school or even junior high debate clubs, and is a constant theme from then on. This is the root of the advice "Never talk to the police (or anyone else in law enforcement." The lawyers, particularly prosecutors, can turn literally anything you say into evidence of guilt of some crime or other.

    So it comes as no surprise that to a prosecutor:

    Google does something bad -> Google is guilty of crime X.
    Google does something good -> Google is guilty of crime X.

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