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-   -   Loathing the Texas state legislature (http://www.lawtalkers.com/forums/showthread.php?t=870)

LessinSF 06-18-2013 06:06 PM

Re: Loathing the Texas state legislature
 
Quote:

Originally Posted by taxwonk (Post 480543)
3. Privilege. Attorney-client. Cleric-penitent. Husband and wife. The right to keep these communications private goes back to the common law, before this nation was born. These privileges have been honored through all other technological innovations. That same barrier exists here. There is no way under the Verizon order that the NSA, FBI, or anyone else could determine whether or not they are collecting privileged information.

There. Specific points, none of which have been addressed to any significant extent here. I'm out. If anyone wants to come at me on this, they better come heavy.

Re 3, at least at common law, isn't the privilege just a rule of evidence, i.e. the communication (and its fruits) cannot be used against a person in a court of law? Or was it a crime to intentionally gather the communication?

Hank Chinaski 06-18-2013 06:18 PM

Re: Loathing the Texas state legislature
 
Quote:

Originally Posted by LessinSF (Post 480566)
Re 3, at least at common law, isn't the privilege just a rule of evidence, i.e. the communication (and its fruits) cannot be used against a person in a court of law? Or was it a crime to intentionally gather the communication?

at law the burden is on the person claiming the privilege. if you let me in your closed files during a document inspection, without pulling protected docs, and I find some you've likely lost the privilege, no crime there. Of course here, the person that might have the privilege claim doesn't know to protect the communication (nor can they).

taxwonk 06-18-2013 06:29 PM

Re: Loathing the Texas state legislature
 
Quote:

Originally Posted by sebastian_dangerfield (Post 480562)

Brazil has riots in the streets. Turkey's exploding. Egypt, Indonesia, Libya... These people stood up to much scarier controlling elements than our govt. We shrug.

"It's all good... I'll have some more soma. Seen my new iPhone?"

My son asked me a couple weeks ago if I thought there was going to be insurrection here like there is in Greece, Turkey, Syria, etc. I had to tell him I hoped not, but I couldn't rule it out.

taxwonk 06-18-2013 06:34 PM

Re: Loathing the Texas state legislature
 
Quote:

Originally Posted by sebastian_dangerfield (Post 480564)
I am highly suspicious of big data analysis. I think it suffers a lot of the flaws of epidemiology. I also think the proof offered for its brilliance - "It works in finance" - is untrue. The algorithms used by traders aren't usually big data miners, but clever high frequency programs. The metadata analyses I see are usually dull, and based on old information. They only seem brilliant in hindsight because Wall St. is filled with herds. One guy says something, another steals it, the same data gets repeated enough and soon you've a self fulfilling prophecy. It's as much reflexivity as anything else. The only wisdom is guessing the peak in any sector's or market's run.

I'll say this is un-American and we shouldn't be doing it. It's also anti-freedom generally. But I think the better response is coming. Technology will allow people to get around the scraping. See: http://prism-break.org/ In time, privacy protecting internet interfaces will get better, and become the norm. Where there's a market, there'll be a way.

I'm 51 years old. I am not going to learn how to write code and program just to keep the lizards from reading my email. I'll just join my kid in the insurrection.

Adder 06-18-2013 06:35 PM

Re: Loathing the Texas state legislature
 
Quote:

Originally Posted by sebastian_dangerfield (Post 480564)
But I think the better response is coming. Technology will allow people to get around the scraping. See: http://prism-break.org/ In time, privacy protecting internet interfaces will get better, and become the norm. Where there's a market, there'll be a way.

I think that's pretty funny. Where there's data, there will be a way to snag or collect it.

If there is a way around it, it will very quickly become a target of law enforcement.

Adder 06-18-2013 06:36 PM

Re: Loathing the Texas state legislature
 
Quote:

Originally Posted by sebastian_dangerfield (Post 480565)
If there is an attack here, my position will not change. .

Again, I'm not disputing what you would do or think. I'm disputing that your reaction can be generalized across "Americans." It can't.

taxwonk 06-18-2013 06:40 PM

Re: Loathing the Texas state legislature
 
Quote:

Originally Posted by LessinSF (Post 480566)
Re 3, at least at common law, isn't the privilege just a rule of evidence, i.e. the communication (and its fruits) cannot be used against a person in a court of law? Or was it a crime to intentionally gather the communication?

No. It was not just a rule of evidence, it was also substantive. Cops can ask the spouse questions, but she needn't answer them. At least since the 20th Century. In the 13th, I don't believe the king could question a wife about her husband's affairs.

sebastian_dangerfield 06-18-2013 06:53 PM

Re: Loathing the Texas state legislature
 
Quote:

Originally Posted by Adder (Post 480571)
I think that's pretty funny. Where there's data, there will be a way to snag or collect it.

If there is a way around it, it will very quickly become a target of law enforcement.

That would raise an interesting issue. Say you use Tor to surf, and bitmessaging to email. And let's say Uncle Sam found a way to crack their privacy encryption. If Uncle Sam specifically targeted you and those like you for a search warrant on the basis you used privacy technology alone, wouldn't the court have to deny such an application? Wouldn't that necessarily require Uncle Sam to argue to the FISA Court, "People who want to ensure privacy are a potential threat to national security?"

I imagine a judge faced with the argument "People who seek to retain privacy from govt review of online communications are inherently suspicious and should be watched" would have to conclude such an argument is no different than the govt saying "People online have no right to privacy, so give us the warrant."

sebastian_dangerfield 06-18-2013 06:58 PM

Re: Loathing the Texas state legislature
 
Quote:

Originally Posted by taxwonk (Post 480569)
My son asked me a couple weeks ago if I thought there was going to be insurrection here like there is in Greece, Turkey, Syria, etc. I had to tell him I hoped not, but I couldn't rule it out.

If you haven't noticed, our economic policy right now is coordinating a series of soft landings. We were jimmying the housing market to allow more people to refi. We're getting employment/wage numbers that still suck, but suggest workers are settling for less in pay, or hours, or both. We're discussing paring down benefits as soon as the old fucks of today are gone (so no one will argue there was a bait and switch). We're juicing the market to keep a wealth effect going.

But none of it's addressing the root structural issues. None of it's getting us near back to where we were. We're doing just enough to keep the decline as slow as molasses - just enough to keep any of the forces that'd cause unrest even approaching what we're seeing elsewhere from emerging.

Soft landings. An endless series of them.

Hank Chinaski 06-18-2013 07:01 PM

Re: Loathing the Texas state legislature
 
Quote:

Originally Posted by taxwonk (Post 480573)
No. It was not just a rule of evidence, it was also substantive. Cops can ask the spouse questions, but she needn't answer them. At least since the 20th Century. In the 13th, I don't believe the king could question a wife about her husband's affairs.

but asking the wife a question is not a crime, em can refuse to answer though. "rule of evidence" was shorthand.

Hank Chinaski 06-18-2013 07:04 PM

Re: Loathing the Texas state legislature
 
Quote:

Originally Posted by sebastian_dangerfield (Post 480575)
We're discussing paring down benefits as soon as the old fucks of today are gone (so no one will argue there was a bait and switch).

Discussing? And the "old fucks" won't be gone by 2018.

Greedy,Greedy,Greedy 06-18-2013 07:04 PM

Re: Loathing the Texas state legislature
 
Quote:

Originally Posted by Adder (Post 480571)
I think that's pretty funny. Where there's data, there will be a way to snag or collect it.

If there is a way around it, it will very quickly become a target of law enforcement.

Have you noticed how quiet anonymous has been during this affaire?

Hank Chinaski 06-18-2013 07:11 PM

Re: Loathing the Texas state legislature
 
Quote:

Originally Posted by Greedy,Greedy,Greedy (Post 480578)
Have you noticed how quiet anonymous has been during this affaire?

Since this board is almost entirely dems now, I wonder if the reaction to this issue hasn't doomed the board. All of the socks who has lined up to defend Obama can hardly criticize the next r president, can they? I mean they surely have no credibility anymore, sure. but even these sad socks cannot possibly step and make the crazed hate posts these socks all made 2001-2008 again, can they?

Gattigap 06-18-2013 07:21 PM

Re: Loathing the Texas state legislature
 
Quote:

Originally Posted by taxwonk (Post 480569)
My son asked me a couple weeks ago if I thought there was going to be insurrection here like there is in Greece, Turkey, Syria, etc. I had to tell him I hoped not, but I couldn't rule it out.

Over the NSA stuff?

Only if Snowden starts telling the Guardian that NSA's data collection efforts are dedicated to building a national gun registry and Obamacare tax tracker. Then the Republic's days would be measured in hours.

Greedy,Greedy,Greedy 06-18-2013 07:38 PM

Re: Loathing the Texas state legislature
 
Quote:

Originally Posted by Hank Chinaski (Post 480579)
Since this board is almost entirely dems now, I wonder if the reaction to this issue hasn't doomed the board. All of the socks who has lined up to defend Obama can hardly criticize the next r president, can they? I mean they surely have no credibility anymore, sure. but even these sad socks cannot possibly step and make the crazed hate posts these socks all made 2001-2008 again, can they?

Once again, the idiot or troll debate is put on the table. Should we take a poll?


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