Slashdot Mirror

We're emerging from the longest, deepest sunspot drought since 1913 (we discussed its depths here) with the appearance of a robust group of sunspots over the weekend. Recently we discussed a possible explanation for the prolonged minimum. The Fox News article quotes observer Michael Buxton of Ocean Beach, Calif.: "This is the best sunspot I've seen in two years." jamie found a NASA site where you can generate a movie of the recent sunspot's movement — try selecting the first image type and bumping the resolution to 1024. The magnetic field lines are clearly visible.

If you're looking for a cheap vacation spot this year, Afghanistan's newly built Tourist Information Center, sure hopes you give their country a chance. Government officials are training tour guides and teaching restaurant owner's about customer service expectations. "Afghanistan is definitely a good brand. People will come... They go to Nepal this year, they go to Chile the next year, they're off to Afghanistan if it's accessible," said Andrew Scanlon, a protected areas expert working on an U.N. mapping project. Afghanistan: come for the calcium carbonate-laden ground, stay because the airport got bombed.

The National Institutes of Health has given $423,500 to researchers at Indiana University's Kinsey Institute to figure out why men don't like to wear condoms. The institute will also study why men have trouble using condoms and investigate "penile erection and sensitivity during condom application." "The project aims to understand the relationship between condom application and loss of erections and decreased sensation, including the role of condom skills and performance anxiety, and to find new ways to improve condom use among those who experience such problems," reads the abstract from Drs. Erick Janssen and Stephanie Sanders, both of the Kinsey Institute.

ectotherm writes "The nice people behind the recorded phone messages stating 'By now you should have received your written note regarding your vehicle warranty expiring...' — the ones who instantly hang up when you ask for the name of the company — have been busted. Fox News did a little background digging on the four people charged." Don't know about you, but I received three or four postcards in the mail from these scammers, as well as uncountable robocalls. The FTC says they cleared $10M since 2007.

Umpire Don Briggs ejected the entire crowd at a high school baseball game for being too rowdy. The police were called and it took over 40 minutes to clear the more than 100 angry fans. West Burlington Superintendent James Sleister said the fans weren't acting any different than usual and he thinks the umpire overreacted. A rowdy fan commented that he hoped Briggs's guide dog bit him when he got home.

A dog owner got a big surprise while playing fetch with her dog after the pooch brought her a live World War II era US hand grenade. Police called a munitions expert to identify and defuse the grenade. It is not uncommon for people to find grenades and bombs left over from World War II in parts of Germany.

Gotenosente writes "11-Year-Old Moshe Kai Cavalin has graduated from East Los Angeles Community College with a degree in astrophysics. 'At a time when his peers are finishing 6th grade, this only child of a Taiwanese mother and an Israeli father is trying on a cap and gown preparing to graduate with a 4.0 from community college.' The article continues with a quotation by the boy, hinting at his modesty, 'I don't consider myself a genius because there are 6.5 billion people in this world and each one is smart in his or her own way.' Daniel Judge, Cavalin's statistics professor, says, 'Most students think that things should be harder than they are and they put these mental blocks in front of them and they make things harder than they should be. In the case of Moshe, he sees right through the complications.'"

An understaffed health clinic in Prague has taken a novel approach to filling out its staff. The clinic offers free liposuction, tummy tucks, or breast implants to any nurse or doctor who signs on for a three-year term. "It has been a success," said Jiri Schweitzer, a manager at the Iscare Clinic, adding that the clinic has turned away dozens of applicants.

The NIH plans to spend $178,000 to unlock the mystery of why drug-using prostitutes in Thailand are more likely to be infected with HIV. The study, "Substance Use and HIV Risk among Thai Women," will have researchers interview 60 sex workers to understand the factors that make the prostitutes prone to HIV infection. Watchdogs groups are calling the study a huge waste of American taxpayers' money. "This really is a complete waste of money and should not be funded by the taxpayer," said David Williams, vice president for policy at Citizens Against Government Waste. Other NIH studies that have come under scrutiny include investigations on why the obese are underrepresented in long distance running competitions and why the blind make extraordinarily poor search and rescue pilots.

Hugh Pickens writes "Fox News reports that 'Vice President Joe Biden, well-known for his verbal gaffes, may have finally outdone himself, divulging potentially classified information meant to save the life of a sitting vice president.' According to the report, while recently attending the Gridiron Club dinner in Washington, an annual event where powerful politicians and media elite get a chance to cozy up to one another, Biden told his dinnermates about the existence of a secret bunker under the old US Naval Observatory, which is now the home of the vice president. Although earlier reports had placed the Vice-Presidential hide-out in a highly secure complex of buildings inside Raven Rock Mountain near Blue Ridge Summit, Pennsylvania, Fox News reports that the Naval Observatory bunker is believed to be the secure, undisclosed location former Vice President Dick Cheney remained under protection in secret after the 9/11 attacks. According to the report, Biden 'said a young naval officer giving him a tour of the residence showed him the hideaway, which is behind a massive steel door secured by an elaborate lock with a narrow connecting hallway lined with shelves filled with communications equipment.' According to Eleanor Clift, Newsweek magazine's Washington contributing editor 'the officer explained that when Cheney was in lock down, this was where his most trusted aides were stationed, an image that Biden conveyed in a way that suggested we shouldn't be surprised that the policies that emerged were off the wall.' In December 2002, neighbors complained of loud construction work being done at the Naval Observatory, which has been used as a residence by vice presidents since 1974. The upset neighbors were sent a letter by the observatory's superintendent, calling the work 'sensitive in nature' and 'classified' and that it was urgent it be completed on a highly accelerated schedule."

A pair of seasonal concession workers at Yellowstone National Park have been fired after being caught urinating in Old Faithful. One of the men has been fined $750, placed on three years probation, and banned from the park for two years. The other is still waiting for his case to be heard. The rogue piddlers were caught when someone watching a webcam on the geyser saw them leaving the trail and walking on Old Faithful. The workers plan on using their newfound free time to find unusual and dangerous things to pee in.

Solarch writes "Late in the afternoon on Wednesday, the WHO raised the pandemic threat level for H1N1 "swine flu" to 5. Global media outlets(such as CNN, Fox News, and the BBC) preempted normal broadcast coverage and immediately published stories on their websites. To clarify, the WHO's elevation is mainly a sign to governments that the virus is spreading quickly and that steps should be taken on a governmental level to stage supplies and medicines to combat a possible pandemic. Unfortunately, broadcast coverage focused on phrases like 'pandemic imminent' (CNN marquee). In other news, patient zero, the medical term for the initial human vector of a disease, has been tentatively identified in Mexico."

93-year-old, Tsutomu Yamaguchi, has become the first person certified as a survivor of both U.S. atomic bombings at the end of World War II. Yamaguchi was in Hiroshima on a business trip when an atomic bomb hit the city. He suffered serious burns to his upper body and had to spend the night. He then returned to his hometown of Nagasaki to recover. Unfortunately he got home just in time for the second attack. "As far as we know, he is the first one to be officially recognized as a survivor of atomic bombings in both Hiroshima and Nagasaki," Nagasaki city official Toshiro Miyamoto said. "It's such an unfortunate case, but it is possible that there are more people like him." I assume that The Karmic Wheel only turns in Mr. Yamaguchi's favor now.

The Bad Astronomer writes "In Texas, a state legislator wants the ironically-named Institute for Creation Research to be able to grant a Masters degree in science. In fact, the bill submitted to the Texas congress would make it legal for any private group calling themselves educational to be able to grant advanced degrees in science. So, now's your chance: that lack of a PhD in Astrology and Alchemy won't hold you back any longer." The Institute for Creation Research made a similar request to the Texas Higher Education Coordinating Board last year, but were shot down.

Museum curators have confirmed that a story about a hidden Civil War message engraved inside Abraham Lincoln's pocket watch was true. A watchmaker pried open the watch at the National Museum of American History, and a descendant of the engraver, Jonathan Dillon, read aloud the message from a metal plate underneath the watch face. Part of the inscription says, "Jonathan Dillon April 13 - 1861, Fort Sumpter (sic) was attacked by the rebels on the above date." Another part reads, "Thank God we have a government." Much to the chagrin of Jon Turteltaub, and relief of countless movie goers, the inscription doesn't reveal the location of the script to National Treasure III.

Ponca City, We love you writes "Jet packs have been around for half a century, but there's always been one problem: they run out of fuel in around 30 seconds. Now a German company has taken the standard jet pack design, run a fat yellow hose out the back, and connected it to a small unmanned boat that houses an engine, pump, and fuel tank and sends pressurized water up the hose, where it's shot out by two nozzles just behind the wearer's shoulders. Called the JetLev-Flyer, the design purportedly can reach a height of 15 meters, a speed of 72 kph, and a range of 300 kilometers based on four hours of flying time. A digital fly-by-wire system is used to control the throttle. Future designs may achieve higher altitudes, higher top speeds, and extended range, and even travel below the water's surface. The American manufacturers claim it is 'amazingly easy to learn and operate' and they're taking orders now at $130,000 each."

An anonymous reader writes "Microsoft founder turned philanthropist Bill Gates released a glass full of mosquitoes at an elite Technology, Entertainment, Design Conference to make a point about the deadly sting of malaria. 'Malaria is spread by mosquitoes,' Gates said while opening a jar on stage at a gathering known to attract technology kings, politicians, and Hollywood stars. 'I brought some. Here I'll let them roam around. There is no reason only poor people should be infected.'" Say what you will about the guy, that is showmanship. Well done.

Henway writes "Google is adding the option to Google Maps to place your whereabouts either via cell phone towers or GPS. Think 'locator beacon.' Paraphrased: This would be good for people wanting to let their friends know where they are or for parents wanting to know where their children are at all times."

5-foot tall, 275-pound Carolyn Ragan is upset with the University of Kansas Hospital after she was told to have an MRI of her spinal tumor done at a zoo because the hospital's machine could not accommodate her. "(a medical assistant)...suggested the Kansas City Zoo," Ragan said. "I thought, I know I'm big, but I'm not as big as an elephant. And my husband got mad." The University of Kansas Hospital would not comment on Ragan's claim, but said its MRI department does not know of any animal MRI in the Kansas City area that would scan a human. You know it's time to put down the burger and go for a walk when you have to go to the large mammal exhibit for health care.

Richard Batista, 49, is suing his estranged wife, 44-year-old Dawnell Batista, for the return of a kidney he donated to her in 2001 or the sum of $1.5 million. After discovering that his wife had an affair with her physical therapist in 2003, Mr. Batista lost that loving feeling and now wants the organ back. "I saved her life and then to be betrayed like this is unfathomable. It's incomprehensible," he told the Post. "She engaged in an extramarital affair and refused to go to marital counseling and reconciliation."

Anti-Globalism writes "A group of hippies is complaining that a recently installed WiFi mesh network in the UK village of Glastonbury is causing health problems. To combat the signals from the Wi-Fi hotspots, the hippies have placed orgone generators around the antennae." Although there have been many studies that show no correlation between WiFi and health issues the hippies say, "Yeah, well, you know, that's just, like, your opinion, man."

edmicman sends word of a Fox News report about a Michigan State University student who is facing suspension for bulk emailing a number of professors at the university about a proposed change to the school calendar — an e-mail that the university is labeling spam. The article contains links to a copy of the original email, the allegations against the student, and the university's Email Acceptable Use Policy. The student, Kara Spencer, asked a Philadelphia rights organization, FIRE, to get involved. The article quotes the FIRE defense program director: "The fact that MSU is considering punishment of Spencer simply for exercising her right to contact selected faculty members by e-mail shows a disturbing disregard for students' freedom of expression. ... Threatening a member of the student government with suspension for sending relevant, timely e-mails to faculty members is outrageous." Spencer is awaiting the school's judgement after a hearing, and vows to take to the courts if suspended.

Smelly Jeffrey writes "According to a recent article, Indiana BMV Communications Director Dennis Rosebrough states that applicants for a new or renewed operator's license or state identification card will no longer be allowed to smile and say cheese. Apparently new facial recognition software being employed by the state fails to function when the face is distorted by something as innocuous as smiling. Also on the list of taboos are hats, eyeglasses, and hair that hangs down over the face. The article fails to mention, however, the legality of beards, mustaches, and bushy eyebrows." Similar restrictions are in place for the Enhanced Driver License (which serves as a sort of limited passport) implemented by the state of Washington, among others.

You don't need to worry about getting in trouble from your boss if the subway makes you late in New York City anymore. The transit authority will give you a late note. Passengers can request delay verification letters over the phone. NYC Transit verifies the date and time of the delay and sends an official note in the mail in one or two weeks. It mails 34,000 notes a year. An online system is currently in development. It won't be long before someone makes a website that lists all the late trains for your verified excuse needs.

An anonymous reader writes "The Pentagon has suffered from a cyber attack so alarming that it has taken the unprecedented step of banning the use of external hardware devices, such as flash drives and DVDs [...] The attack came in the form of a global virus or worm that is spreading rapidly throughout a number of military networks."

19-year-old Jennifer Thornburg has changed her name to CutoutDissection.com, to protest animal dissections in schools. Jennifer says she began opposing dissections in middle school after a class assignment to cut up a chicken wing made her uncomfortable. She is of course interning for PETA, since no teenager could think up an idea this stupid on their own without a team of people helping. Thornburg said, "I normally do have to repeat my name several times when I am introducing myself to someone new. Once they find out what my name is, they want to know more about what the Web site is about."

JagsLive sends in a Fox News report on large-scale and possibly ongoing security breaches at the World Bank. "The World Bank Group's computer network — one of the largest repositories of sensitive data about the economies of every nation — has been raided repeatedly by outsiders for more than a year, FOX News has learned. It is still not known how much information was stolen. But sources inside the bank confirm that servers in the institution's highly-restricted treasury unit were deeply penetrated with spy software last April. Invaders also had full access to the rest of the bank's network for nearly a month in June and July. In total, at least six major intrusions — two of them using the same group of IP addresses originating from China — have been detected at the World Bank since the summer of 2007, with the most recent breach occurring just last month. In a frantic midnight e-mail to colleagues, the bank's senior technology manager referred to the situation as an 'unprecedented crisis.' In fact, it may be the worst security breach ever at a global financial institution. And it has left bank officials scrambling to try to understand the nature of the year-long cyber-assault, while also trying to keep the news from leaking to the public." Update: 10/11 01:15 GMT by T : Massive spyware infestations might be good cause to reevaluate the TCO of non-Windows systems on the desktop.

Slashdot regular Bennett Haselton summarizes his essay by saying "Spammers really do lie more often under oath than other parties in court (surprise). Judges and prosecutors could promote respect for the law by cracking down on it, and maybe make a dent in spam in the process." Read on to learn of his experiences with (shocking!) spammers who lie in court.

I'm sure everyone feels like their opponents in court are the most reprehensible liars that ever walked the face of the Earth. But these instances seem unusually clear-cut even for a courtroom:

• When I sued one Ohio company for sending me spam, they sent a letter to me (and, when that didn't work, to the court) claiming that someone had dropped a business card in their box at a trade show with an e-mail address one letter different from mine, and they must have mis-read the address when typing it in. They didn't know that after I first got their spam, I called them pretending to be an interested customer, and tape-recorded a conversation with their advertising manager, pretending to be impressed and asking him how he did it (I was in Arizona, so it was legal to tape the call). He admitted that he used a program to scrape e-mail addresses from Web pages into a list and spam them from his desktop.

• A spammer who lived in Washington appeared in court and claimed that he had never sent the spam in question and wouldn't know how. I then produced a tape recording of another conversation in which I had talked to him on the phone, again pretending to be an interested customer, and he talked about sending the mails from a server in China to make it harder for people in the U.S. to block them.

• One company called "Lions Pride Enterprises" actually sent a representative from out of state to tell the judge, "I can tell you, under penalty of perjury, that we looked up the address bhas (at) speakeasy.net in our records, and verified that he had signed up for our list via confirmed-opt-in" (this was right after he explained to the judge, more or less accurately, what confirmed-opt-in meant). Except the mail hadn't been sent to bhas (at) speakeasy.net, the headers showed it was sent to bennett (at) peacefire.org and then forwarded to bhas (at) speakeasy.net. Presumably the spammer just looked at the first address they could find in the headers and assumed that's the one they had mailed, and claimed that address had "opted in." (Much later, this same company apparently branched out into infecting people with spyware.)

• A spammer from Michigan called in to the court hearing by phone, to defend against charges that he'd sent me a spam advertising credit card processing services, and claimed, "I don't even sell merchant accounts." (He lost, due to inconsistencies in his story -- the judge in that case was unusually tech-savvy.) A few weeks later, the same guy sent me another merchant account spam, so I sued him again, and this time he called in to the court hearing (with a different judge) and admitted that he'd sent the spam, but claimed it was legal. I tried to challenge his credibility on the grounds that he'd testified under oath earlier that he "didn't even sell merchant accounts," but the judge said I wasn't allowed to bring that up.

Meanwhile, I've sat through dozens of other people's Small Claims cases, and I've never seen anyone in a non-spammer case get caught really, brazenly lying under oath. Of course, it always seems more egregious when it's your opponent -- but I probably would have noticed if someone had gotten tripped up by a physical document or a recording of their own voice.

The traditional cost-benefit analysis of prosecuting people who lie under oath in a civil trial is that it's just not worth it. The King County Prosecutor's office responded to my inquiry to say they could not recall any instances of someone prosecuted for perjury committed in a civil case. It is not true, by the way, that civil perjury is never prosecuted — when this assumption was making the rounds in 1998 during the Clinton perjury controversy, Professor Stephen Gillers of NYU published a list of counterexamples -- but he conceded in an e-mail that it's nevertheless highly unlikely. Perhaps this makes sense for most trials, where parties come from a general population that includes some honest people and some dishonest people, and even dishonest people often just bend the truth to a degree that outright lying would be hard to prove. (Although I still think it's possible that the costs of prosecuting people who lie under oath in civil cases, might still be outweighed by the benefits of having everyone be scared into being a little more truthful in court proceedings.)

But spammers are different. In the U.S., all spammers are liars — either they are lying to their hosting provider about what they're doing, or, if they have a secret agreement with their provider to avoid getting kicked off, they are complicit in their provider lying to the rest of the world by claiming that they don't allow spam to emanate from their network. (I'm assuming that 100% of U.S. providers at least claim not to allow the sending of spam. This may not be true of the entire world.) Those lies in themselves can't always be punished in court — I can't sue a spammer for lying to their service provider — but I think that courts just haven't realized that all spammers are liars to some degree, and they're more likely than average to lie under oath. This may make the cost-benefit analysis different in the case of prosecuting spammers who get caught lying. You wouldn't need a "spammer perjury law"; there are already laws against perjury, if judges wanted to enforce them.

Courts could start with deterrents that don't cost anything. All judges start out their Small Claims hearings by laying out the rules. Some of them include some very stern admonitions about parties not interrupting each other or the judge (one judge, who possibly had a bad morning, started the afternoon session by threatening to have anyone thrown in jail who argued with him). But I've never seen a judge say anything about being strictly required to tell the truth under oath, with penalties for lying that theoretically include jail time. And if someone does get caught lying, the judge could reprimand them as strongly as possible and stop just short of recommending a criminal prosecution. "Oh, wow," you're laughing, "a stern reprimand! That'll teach them!" But that's what judges do to people who interrupt the judge or each other, and it does get people's attention.

In the examples above, what was surprising was not that the spammers lied to the court but that the judges seemed so blasé about it. In the first case, I had gotten spammed by an Ohio company called SAY Security. After I filed the Small Claims suit and served the papers on them in the mail along with a copy of the spam, I got an e-mail from the owner, Jason Szuch, claiming that they had received a business card at a trade show with 'bnas (at) speakeasy.net' handwritten on it, and accidentally replaced the 'n' with an 'h', and that's how I had gotten their mail. They later made the same claim in a letter to the judge. At the trial, SAY Security didn't show up, so I first pointed out that the e-mail had been sent to bennett (at) peacefire.org and automatically forwarded to bhas (at) speakeasy.net, so it was another case of the spammer mis-reading what address it was sent to, and coming up with a story after the fact. I also had a recording of a conversation with SAY Security's advertising manager, in which he explained how he used a program called Email Extractor to scrape e-mails from Web pages and send the ads.

At that point, the judge thought he had me: You're not allowed to record phone calls in Washington without the consent of all parties. I told him that I knew this, which is why I had made the call and recorded it while I was visiting my Mom in Arizona, which has no such law (and neither does Ohio, which was where the other party was — in order to secretly tape a phone call, it has to be legal in both the caller's state and the call recipient's state). The judge still said I couldn't use it as evidence in Washington. This raises an interesting question. My understanding is that the rules of evidence in Washington don't say "You can't use a secretly taped phone call as evidence." They say, on the one hand, "You can't secretly tape a phone call in Washington," and on the other hand, "You cannot use evidence that was obtained illegally" — but if the call was taped in Arizona and then brought to Washington, it wasn't obtained illegally. I compared it to winning money by gambling in Vegas and then bringing it to Washington to pay the Small claims filing fee — what difference does it make that gambling is illegal in Washington? Oh well, different judges probably would have come to different conclusions on that.

But the real point is that even if the judge did think the recording was inadmissible, couldn't he have still said something like, "Well, if the court did admit this evidence, and if these defendants were here, then they could very well be arrested for perjury — if they were here, I'd tell them that they just had a really close call." At least for the benefit of everyone else who was in the courtroom, waiting for their case to be heard — send a message that the court does care if you get caught lying. As it was, he just shrugged it off, and I got a default judgment since SAY Security didn't show up.

The second case was against a spammer named Joe Spies, who did live in Washington, and who came to court claiming that he didn't know how to send spam and had never made anyone an offer to send spam for money. Again, I had a recording of a phone call in which I pretended to be an interested customer, and he said he could send "5 million e-mails for $500" from a server in China. (This time, since both parties were in Washington, I used a phone number I had specially set up so that people who called it would hear a disclaimer saying "Your call may be monitored or recorded," before it forwarded to my home phone.) Judge Karlie Jorgensen said that even with that phone call, there was not enough evidence that the defendant had sent the e-mail. (This was also the case that I wrote about when I filed a motion with the middle two pages stuck together in the center, and after the motion was denied, I went to the courthouse and saw that the pages were still attached, so I knew that she hadn't read it.)

Lions Pride Enterprises was the other company who sent a representative claiming that they had sent the mail to bhas (at) speakeasy.net and saying, "I swear under penalty of perjury [he was already sworn in, but repeated it presumably for dramatic effect] that I checked personally, and the address bhas (at) speakeasy.net subscribed to our list via verified opt-in," even though the mail had actually been sent to bennett (at) peacefire.org. This was my first spam case, so at the hearing I stuck to my script and I didn't think to point this out to the judge. But if the courts took a harsher view of defendants lying under oath, maybe it would have been worth the time to write a letter to the judge later after I realized the defendant had lied. (In theory, you can be prosecuted for lying under oath even if it's not discovered until after the original trial is over -- since "in theory" is the only place where spammers are punished for lying under oath anyway.)

Finally, in May 2008, a spammer in Michigan named John Tucker called in to a court hearing in which I'd sued him for sending me more spam advertising merchant accounts, as well as the company, Pivotal Payments, on whose behalf he was sending the spam. Tucker admitted that he had sent the spam but claimed that Pivotal Payments had nothing to do with it, at which point I attempted to discredit him by bringing up what he'd said at the last trial:

Me: I wanted to address something that Mr. Tucker said. He sent the faxes saying that he sent this e-mail but he doesn't think it's a violation. But he has stated under oath, to the court, at one point: "I don't even sell merchant accounts." Now I want to introduce that statement because there's a specific rule in the Rules of Evidence, ER 801, which says--
Judge Eiler: Well, don't quote the Rules of Evidence at me. The Rules of Evidence do not necessarily apply in Small Claims Court. If I were to apply the Rules of Evidence, we would have hearings that lasted about 25 seconds. So, don't quote to the rules of Evidence. If you think there's something that you want to tell me, tell it to me straight out.
Me: All right. I want to challenge the credibility of John Tucker as a witness, because he has in the past said under oath in court, "I don't even sell merchant accounts."
Judge Eiler: Did he do it in this court?
Me: Yes.
Judge Eiler: Did he do it today?
Me: No. It was under oath.
Judge Eiler: Well, while you may tell me it's under oath, it wasn't in front of me, I'm not going to hear it. Move on.
Me: Well--
Judge Eiler: Move on.
Me: Do you want the audio?
Judge Eiler: Do you want to move on?

Now there's an odd statement -- "If I were to apply the Rules of Evidence, we would have hearings that lasted about 25 seconds." In Small Claims, the Rules of Evidence are sometimes relaxed in the other direction -- evidence that would be excluded from a regular trial is sometimes allowed to be presented -- but what's the point of making Small Claims more restrictive, excluding evidence that is explicitly allowed under the rules?

Largely on the basis of John Tucker's testimony absolving Pivotal Payments, and their claims that they refused to pay him once they found out he was spamming, I didn't get a judgment against them (I did get another judgment against John Tucker, although I doubt that he has any assets). Later John told me on the phone that Pivotal Payments did pay him the money they owed him after the trial, in accordance with their agreement with him that he would get paid once they were dismissed from the lawsuit. If that's the case, then they lied under oath, too.

This was the same Judge Eiler who, in an earlier case, said that an e-mail "didn't quite have the earmarks" of "spam" sent in bulk, when the e-mail said "I run the web site Work At Home Business Opportunities [...] Please post a link to my site as follows...". The Commission on Judicial Conduct formally reprimanded her in 2005 for being rude to plaintiffs representing themselves; she is currently facing charges for the second time for the same issues, including "preventing pro se litigants [i.e. people representing themselves] from fully presenting their testimony or their positions in court." The CJC receives hundreds of complaints every year about rude and inappropriate behavior by judges, and rejects 97% of the complaints. For a judge to get on their radar even once is an achievement; to do it twice probably warrants a steroids test.

But with regard to laxity towards spammers lying under oath, she is indeed no worse than any other judge. Although Professor Gillers's article showed it's not true that no one is ever prosecuted for civil perjury, it's no wonder that people think that's the case, based on the rarity of prosecutions, combined with the outcomes of the two famous cases that people have heard about. Bill Clinton was disbarred from practicing law before the Supreme Court and had his Arkansas law license suspended for five years, but was never prosecuted; Kwame Kilpatrick was heavily criticized for lying under oath, but only went to jail for violating the terms of his bond. The defenders of both men had a point that even if they lied under oath in a civil case, hardly anyone else ever got punished for that.

In fact, I don't think all perjurers should be prosecuted — Clinton and Kilpatrick were lying to cover up extra-marital affairs, after all. When Clinton was asked during Paula Jones's sexual-harassment lawsuit whether he had ever had a sexual relationship with any other subordinate, if he had answered "Yes" out of the blue and voluntarily spilled out all the lurid details about Monica Lewinsky, wouldn't you have thought, "Dude, you could have just said, 'No'"? They probably shouldn't have gone to jail for perjury. But the mud-slinging they endured, as partisan as it was, at least reminded everyone that a rule had been broken.

The judicial branch can instruct judges at all levels to take perjury in civil cases seriously — at the very least, judges should act angry when someone gets caught lying under oath, at least as angrily as they act when someone interrupts them. That promotes respect for the rule of law, and it doesn't cost anything. And if some parasite like a spammer gets caught lying, prosecutors may be doing the world a favor by pressing criminal charges against them.

In other words, I agree with Thomas Sowell, who responded to defenders of Bill Clinton who said that "everybody" lies about sex: "Everybody urinates every day, but if you do it in a court of law, you will be arrested. And then you will be tried by a jury of your PEERS." OK, I made the last part up.

leetrout writes "Fox News has the story on a parachute test failing on a mock up of the new Orion spacecraft. 'This is the most complicated parachute test NASA has run since the '60s,' said Carol Evans, test manager for the parachute system at NASA's Johnson Space Center in Houston. 'We are taking a close look at what caused the set-up chutes to malfunction. A failure of set-up parachutes is actually one of the most common occurrences in this sort of test.' Space.com has the video."

dijkstra writes "Blackswift was previously rumored to be a super secret hypersonic scramjet-based aircraft co-named HTV-3X, essentially a 21st century version of the SR-71. Today NASA has unveiled the real Blackswift (video link), which uses pulse detonation engines (PDEs). A PDE is essentially a modern version of the old V-1 buzz bomb engine. This engine requires significantly fewer moving parts and achieves much higher efficiency than a turbofan, and is technically able to go hypersonic without any kind of 'dual-stage' engine."

An anonymous reader writes "An AP wire reports that DARPA has granted a $6.7 million contract to Northrop Grumman to develop 'brainwave binoculars'. The binoculars will be built into a helmet, which will include EEG electrodes that will monitor the wearer's brain activity for patterns consistent with object identification/recognition. From what I can gather, the idea is that when you look at a far-off or partially obscured object without noticing it, your subconscious probably did notice it and tried, unsuccessfully, to identify it. The EEG in these binoculars would pick up on that kind of subconscious activity and draw the wearer's attention to the object in question. The goal is that these binoculars would be able to pick up on any object anywhere in the wearer's field of view, where a person can only pick up on things that he focuses both his eyes and his attention on. This delves into some very interesting territory: it would be an electronic device that uses human eyes to collect data, and even uses a human brain to partially process the data. Since it also passes its results back to the human providing the data and initial processing, it essentially adds a second processing loop in parallel to the wearer's visual system."

Neurosurgeon Henry Marsh used a $65 Bosch drill to perform an emergency operation on a Ukrainian woman's head while traveling through her country. They had trouble finding an anesthetist so the woman was just given a local anesthetic and was conscious during the procedure. The BBC will air a show about the rather remarkable surgical procedure on March 30 and people in the US can read all about it in Time-Life Books Complete Home Improvement and Brain Surgery Manual.

couch_warrior writes "Microsoft is now working on a system that will back up the contents of your brain. The pilot project lacks a direct brain interface, but "MyLifeBits" will provide a simulacrum of actual memories. No mention is made as to whether Microsoft will claim to own the digital rights to the content of your life, or what license fees you will have to pay to access your own memories." Honestly this looks like a bunch of hooey to me, but I figured others would be better suited to say.

SoyChemist writes in to note his article at Wired Science on the uproar Dan Rather has stirred up with his claim that Boeing's new 787 Dreamliner aircraft may be unsafe. "Dozens of news agencies have jumped on the bandwagon. Most of them are reporting that the carbon fiber frame may not be as sturdy as aluminum. Few have bothered to question Rather's claims that the composite materials are brittle, more likely to shatter on impact, and prone to emit poisonous chemicals when ignited. While there is a lot of weight behind the argument that composite materials are not as well-studied as aircraft aluminum, the reasoning behind the flurry of recent articles may be faulty. The very title of Rather's story, Plastic Planes, indicates a lack of grounding in science. Perhaps the greatest concern should be how well the plane will hold up to water. Because they are vulnerable to slow and steady degradation by moisture, the new materials may not last as long as aluminum. Testing them for wear and tear will be more difficult too."

E++99 writes "Homeland Security has contracted with Intelligent Optical Systems, Inc. to develop an "LED Incapacitator," a nonlethal weapon consisting of a large flashlight with a cluster of LEDs capable of emitting "super-bright pulses of light at rapidly changing wavelengths." Sounds innocuous enough... until they they shine "the evil color" at you and you start puking! A working prototype has been completed, and they will soon be putting it through its paces. Homeland Security hopes to give it to Border Patrol agents and National Guardsmen by 2010."

JagsLive writes in with a Fox News report about Uri Geller's apparently playing fast and loose with copyright law in order to silence his detractors. "'All it takes is a single e-mail to completely censor someone on the Internet,' said Jason Schultz, a lawyer for the online civil rights group Electronic Frontier Foundation, which is suing Geller over an unflattering clip posted on YouTube for which he claimed a copyright ownership."

imamac writes "According to an AP story, municipal Wi-Fi is going nowhere fast. A think tank research director quipped, 'They are the monorails of this decade: the wrong technology, totally overpromised and completely undelivered.' Subscriptions to the services are much lower than expected and lawmakers are concerned that millions of dollars will have gone to waste that could have been better spent on roads or crime-fighting. Satisfaction with the quality of service has also been low, which give some insight into the low adoption rate. Is municipal Wi-Fi just a bad idea, has it been poorly implemented, or is the technology just not there to support such an endeavor?"

DrNASA writes "George Lucas says that he will make two more live-action films based in the "Star Wars" era. "But they won't have members of the Skywalker family as characters," he said."

AustinSlacker writes to mention Fox news is reporting that a Dutch researcher is announcing a breakthrough in plastics. A new way of rebuilding plastics could allow them to conduct electricity just as well as the silicon wafers currently used in electronic gadgets. "Prins discovered that in plastics, the movement of electric charges was mainly hindered by the shape of the polymer, the chain-like molecular structure [that is] the basis of each kind of plastic. Prins extended the work of a German group that had reshaped a polymer to form a ladder-like structures. By bombarding the specially developed plastic with electrons from a particle accelerator, she was able to study rapid electrical reactions and demonstrate the new plastic's ability to conduct electricity much better than regular plastic and as well as silicon chips."

greysky writes "On the 45th anniversary of his first trip into space, astronaut John Glenn says the U.S. is not getting it's money's worth out of the International Space Station. From the article: "Diverting money from the orbiting research outpost to President Bush's goal of sending astronauts back to the moon and eventually on to Mars is preventing some scientific experiments on the space station"."

Several readers wrote in with news of the debate around the identity of an ancient woman whose diminutive skeleton was found on the Indonesian island of Flores in 2004. Fox News reports that Australian scientists have discovered a subterranean chamber that may contain DNA proof that will settle the question of whether "the Hobbit," as the specimen is called, actually is a representative of a new branch of the human family, or not. The find's discoverers named the putative new race Homo floresiensis. Others in the anthropological field question this identification, arguing that the meter-tall Hobbit was a modern human who had something wrong with her. In a paper just published in the Proceedings of the National Academy of Sciences, with one of the original discovery team as co-author, researchers say they have compared the Hobbit's skull to those of modern humans with various ailments such as microcephaly, and that the Hobbit is different.

CPNABEND tipped us to a story carried on the Fox News site, pointing out that a lot of programmers don't understand their users. David Platt, author of the new book 'Why Software Sucks ... And What You Can Do About It', looks at the end user experience with end user eyes. While technically inclined individuals tend to want control, Platt argues, most people just want something that works. On the other hand, the article also cites David Thomas, executive director of the Software & Information Industry Association. His opinion: Users don't know what they want. From the article: "'You don't want your customers to design your product,' he said. 'They're really bad at it.' As more and more software becomes Internet-based, he said, companies can more easily monitor their users' experiences and improve their programs with frequent updates. They have a financial incentive to do so, since more consumer traffic results in higher subscription or advertising revenues." Where does your opinion lay? Should software 'just work', or are users too lazy?

ectotherm writes "Japanese scientists have captured a dolphin with vestigial legs. Evidence, it would seem, of a land-dwelling past and observable evolution." From the article: "Fishermen captured the four-finned dolphin alive off the coast of Wakayama prefecture (state) in western Japan on Oct. 28, and alerted the nearby Taiji Whaling Museum, according to museum director Katsuki Hayashi. Fossil remains show dolphins and whales were four-footed land animals about 50 million years ago and share the same common ancestor as hippos and deer. Scientists believe they later transitioned to an aquatic lifestyle and their hind limbs disappeared. Whale and dolphin fetuses also show signs of hind protrusions but these generally disappear before birth."

ScentCone writes "North Korea says that it has conducted its first nuclear weapons test and 'brought happiness to its people.' Japan and China earlier issued an unusual joint statement saying that such a test would be 'unacceptable.' As of 11:10PM EST, the USGS says that it has not detected any unusual seismic activity on the Korean peninsula in the last 48 hours." From the article: "The North said last week it would conduct a test, sparking regional concern and frantic diplomatic efforts aimed at dissuading Pyongyang from such a move. North Korea has long claimed to have nuclear weapons, but had never before performed a known test to prove its arsenal. The nuclear test was conducted at 10:36 a.m. (0136 GMT) in Hwaderi near Kilju city, Yonhap reported, citing defense officials." Update: 10/09 05:50 GMT by J : The U.S. Geological Survey reports a 4.2 magnitude quake; South Korean news is reporting a 3.58 magnitude event; the White House apparently confirms a nuclear test.

fuzzybunny writes "The BBC reports that the IAU's controversial Prague vote on demoting Pluto from planet status was irregular. 'There were 2,700 astronomers in Prague during that 10-day period. But only 10% of them voted this afternoon.'" On a less serious note, lx writes "Nonplussed by Pluto's recent downgrade from Planet Status, Fox News's own John Gibson does an incredible Stephen Colbert impersonation to correct the 'revisionist history' of the IAU's decision. Exemplifying 'truthiness,' from the article: 'Long ago I learned it was a planet and I see no reason to unlearn it. Why should I?' "

j823777 was one of several readers to point out a BBC report that "A terrorist plot to blow up planes in mid-flight from the UK to the U.S. has been disrupted, Scotland Yard has said. It is thought the plan was to detonate up to three explosive devices smuggled on aircraft in hand luggage. Police have arrested 21 people in the London area after an anti-terrorist operation lasting several months. Security at all airports in the UK has been tightened and delays are reported. MI5 has raised the UK threat level to critical — the highest possible." spo0nman adds a link to the Associated Press's coverage. Update: 08/10 12:57 GMT by T : Several readers have pointed out new restrictions imposed as a result of this plot on passengers' carry-on luggage. In the UK, nearly all possession (including laptop computers) must be carried in the cargo hold; while their rules don't yet go quite as far, U.S. airlines are stepping up their enforcement of carry-on-restrictions, including banning substances like toothpaste.

Spy Handler writes "The Blue Origin spacecraft, being built by Amazon.com billionaire Jeff Bezos' new venture, will have VTOL (vertical take-off and landing) capability, according to the company's FAA permit applications. It will be a cone-shaped vehicle about 50 feet tall and 22 feet in diameter at the base, and carry 3 or more passengers to an altitude of 325,000 feet"

Krishna Dagli writes "An evolutionary arms race between early snakes and mammals triggered the development of improved vision and large brains in primates, a radical new theory suggests. The idea, proposed by Lynne Isbell, an anthropologist at the University of California, Davis, suggests that snakes and primates share a long and intimate history, one that forced both groups to evolve new strategies as each attempted to gain the upper hand. Early primates developed a better eye for color, detail and movement and the ability to see in three dimensions — traits that are important for detecting threats at close range. Humans are descended from those same primates. "

Slashback tonight brings some corrections, clarifications, and updates to previous Slashdot stories including an update to the Kororaa GPL accusations, BellSouth demands a retraction to NSA story, South Korea rejects Microsft antitrust appeal, Tim Berners Lee continues net neutrality fight, ICANN possibly pressured to nix .XXX domain, another side to Vista Beta2 reviews, and the worst tech IPO in 2 years -- Read on for details.

Kororaa denies GPL violations. AlanS2002 writes "Chris Smart, of the Kororaa Project, has written an update about the accusation that the Kororaa XGL LiveCD is in violation of the GPL. According to Chris, he has been shown no evidence that the nVidia/ATI drivers are derived from any code in the Linux Kernel or that the drivers link to the Kernel. From the best information he has it appears that the drivers make system calls to public interfaces of the Kernel, in the same way that a web browser makes calls to public interfaces of a web server but are not considered to be linked to the web server (they do not link to private functions of the web server). However the Kororaa project has decided to let end users download and install the drivers themselves if need be, which defeats the purpose of continuing to develop their Live CD. As such their will be no Kororaa XGL LiveCD 0.3, however they will continue to make Kororaa XGL LiveCD 0.2 available."

BellSouth demands retraction to NSA story. An anonymous reader writes "CNN reports that BellSouth has moved from strongly denying participation in providing the NSA with calling records to requesting a retraction of the article from USA Today." From the article: "The telecommunications giant sent a letter to USA Today on Thursday asking it to retract last week's story that BellSouth and two other companies helped the NSA compile a massive database of records on domestic phone calls."

South Korea rejects Microsft antitrust appeal. mikesd81 writes "According to MSNBC, the Korean Fair Trade Commission has turned down Microsoft's appeal to separate it's Window's OS and it's media service. The February ruling also included a 34 million dollar fine. Apparently, The commission began investigating Microsoft after a local Internet portal, Daum Communications Corp., filed a complaint with the commission in 2001."

Tim Berners Lee continues net neutrality fight. Kortec writes "As reported by The BCC, Sir Tim Berners Lee has spoken out against the current US bias towards the destruction of network neutrality at the Edinburgh WWW2006 conference. The man behind it all is quoted as saying the two tier system proposed recently on the floor of Congress is not 'part of the internet model,' and that 'the web should remain neutral and resist attempts to fragment it in to different services.'"

ICANN possibly pressured to nix .XXX domain. mobiux writes "Fox News reporting that the US Government allegedly pressured ICANN into denying the .XXX domain, despite orders not to do so. ICM Registry says the e-mails show how the National Telecommunications and Information Administration, a branch of the U.S. Department of Commerce, was subjected to intense pressure to intervene on behalf of the Family Research Council and Focus on the Family, two socially conservative lobbying organizations."

Another side to Vista Beta2 reviews. lordgreg writes to tell us that while Slashdot already talked about Vista Beta 2 Major Problems, which Gary Krakow addressed in his review. DotProject claims to have the other side of Vista Beta2's Major Problems, the users themselves.

Vonage IPO shaping up to be the worst tech IPO in 2 years. fistfullast33l writes "Vonage went public to great fanfare and poor results today, with it's stock price falling 11% by closing time. Analysts have cited the fact that Vonage has yet to post a profit and increasing competition for the lack of interest. 'It's a wildly unprofitable company still selling at a very high valuation,' said Tom Taulli of Newport Coast, California, an IPO analyst. BusinessWeek also discusses growth barriers listed in Vonage's filings, including 'finding enough customer-support staffers and long delays in getting traditional phone companies to let customers take their existing phone numbers [to Vonage].'"

Vitaly Friedman writes "A report in the Wall Street Journal today talks about how eBay is looking for partners to defend against the growing threat of Google. Specifically, Google Base and the payment system in the works in Mountain View are seen as possible dangers to eBay's auctions and PayPal payment operations, says the report. Google Talk just throws some salt in the wounds by looking for a toehold in Skype's turf."