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Domain: state.nd.us
Stories and comments across the archive that link to state.nd.us.
Comments · 14
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Re:Real summary.
That's just not true. In the UK in the 19th Century all the infrastructure and industry was originally built by private enterprise. In 1945 the Labour government nationalised it and it basically rotted away after that. Look at British Rail for example - the railways fell apart under public ownership. Admittedly privatising them didn't help, but that's because competition was never really put back into the system. It's the same with the British car industry. Built by private enterprise, destroyed by the government when it was nationalised and by the time they decided that they couldn't afford to keep subsidizing it it was too late for it to survive privatisation.
And in most of the world broadband is cheaper if you buy it from a private company than if you buy it from the nationalised or formerly nationalised main telco. The solution is to free things up and make sure in the case of bridges that private companies get sued into bankruptcy if there is a fatal accident caused by their negligence. Actually just that last part should make things better since you can't sue the government for bad road design because of the doctrine of sovereign immunity. -
Let the judge know what you think
Her name is Cynthia A. Rothe-Seeger, her email address is CRothe-Seeger@ndcourts.gov. Please keep is sane and civilized, but even after the damage is done, she should probably be educated about the technical background. Chances are, computer-related cases will increase.
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My post to the court, you can post too.
info@ndcourts.gov works
-----------SNIP-----------
I was at Cynthia A. Rothe-Seeger, District Judge (url http://www.court.state.nd.us/court/bios/rothe-seeger.htm) and I have this comment:
When a jurist with little or no technical understanding attempts to make a ruling in a case where much of the evidence is technical, there is often a serious case of cognitive dissonance. This is the case in Judge Rothe-Seeger's ruling in the Ritz case.
I am not a lawyer, and make no comment about the merits of the behavior of Mr. Ritz. I am, however, a network engineer, and someone actively involved in information security, particularly using DNS.
In ruling that querying a nameserver that was configured to provide a zone transfer for a list of all the hosts in a zone illegal, Judge Rothe-Seeger has demonstrated a fundamental misunderstanding of the technical design of the Internet, not just of DNS, but of ALL the applications and protocols. Further, the comment that Mr. Ritz's querying and republication of the public WHOIS data "without Network Solutions permission" was illegal also completely misunderstands the nature of Whois data.
What the judge has done is, effectively, to say that each person who asks a public server for information that it is explicitly designed to provide to all and sundry needs to get specific permission for that content from that publisher. This is completely at odds with how the Internet works. The Internet is designed in such a way that servers provide content to anyone who asks, unless the owner has configured the server not to do so.
Sierra could easily have prevented zone transfers from their name servers if they so chose. If they did not do so, then the presumption is that they intended to allow it. There are many very good reasons why a service provider would want their zone to be transferrable, and by configuring their nameservers in that way, they were, in effect, doing the same thing as someone leaving a stack of maps out in public, for all to take at their leisure. What the judge has ruled would be analogous to finding a crime when someone took a copy of an ad that included a layout of a house from a realtor's office.
The WHOIS data, on the other hand, is public record BY DESIGN. It is part of the basic design of the DNS that you be able to find out who the registrant for a given domain is. How else are all the legal remedies for copyright infringement, illegal content, abuse of service, etc. to be exercised if there is no way to find out who to serve notice on and in what jurisdiction they reside?
It is clear from Judge Rothe-Seeger's bio that she has little or no experience of life beyond North Dakota. It is also clear from her ruling that she has little or no understanding of the Internet. Based on her age, it is time for the judge to retire, as she clearly fails to understand the world in which she now lives. -
No choice?I could be wrong, but I'm not sure Mr. Thao or his lawyers had a choice, and this bit of law is why:
RULE 41. DISMISSAL OF ACTIONS
(a) Voluntary Dismissal-Effect Thereof.
(1) By Plaintiff-By Stipulation. Subject to the provisions of Rule 23(l), of Rule 66, and of any statute of this state, an action may be dismissed by the plaintiff without order of court, unless a provisional remedy has been allowed, (i) by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs, or (ii) by filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of the United States or of any state an action based on or including the same claim.
The PDF of the motion cited Fed R Civ P 41(a)(1)(i) which I have quoted above. Note that although that's a North Dakota court link, the rules in question are federal. Assuming their lawyers are right, the defendants may not have had any choice in the matter because the case hadn't gotten very far before they dismissed it. They did something similar if not identical in the RIAA v. Merchant case, only to refile it against some John Does seeking discovery from Mr. Merchant, much to his lawyer's annoyance. Because of that, I'm not convinced this is the last of it, but I remain hopeful.
Finally, please don't take this as any kind of legal advice—I am NOT a lawyer, just some guy who knows how to Google legal citations, and you want to get a good lawyer and let them fight this crap for you if they come after you. It probably wouldn't hurt to ask for a referral from your local bar association, or maybe even from Ray Beckerman, for someone who knows how to fight the dirty RIAA tricks. A lawyer who knows their game plan from the start would probably be more able to counter the sneaky maneuvers they've been known to pull. Otherwise, you might end up like Mr. Merchant, a "non-party" from whom they seek discovery in ex parte fashion, in an attempt to root through your computer without giving you any standing before the court to complain about it.
On an unrelated note, I'd love to see Fed R Civ P 41(a)(1)(ii) come into play due to some accident in the RIAA's gamesmanship. Hopefully, some good lawyer can trip them up with something like that. -
Not quite
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Re:Yup, check some of the authors they hilight
It should also be pointed out that one of the other sources, Dr Wibjörn Karlén, appears to believe
that global warming is real but caused by solar irradiation: http://www.state.nd.us/ndgs/Newsletter/NL01W/PDF/c limateW01.pdf/
Sorry 'bout the PDF. -
Re:Come to Winnipeg!
Wow.. It's like Winnipeg, only worse since your minor streets don't even seem to connect perpendicular to each other. You have my condolences. Unfortunately, though, when I said the streets run parallel to the river, I meant the run parallel to the Red River, which snakes back and forth (I understand it was caused by retreating glaciers)
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Re:Only 25 years?
I don't know if you're entirely correct about consent. Consent isn't an absolute absolution of any legal requirements. You can't consent to being murdered, for instance. (Well, you can, but it's no defense to the person who does it.) But I do concede that it's probably closer than the limited exceptions I was trying to get at.
In any case, consent isn't at play in the particular example of shining a LASER at someone.
Assault is a crime of intent. With no intent, there is no assault. Criminal Negligence, perhaps.
This isn't true. Read the laws in New York (it's the first one listed, 120.00, then 120.05 and 120.10; all three degrees of assault have provisions that don't require intent), Pennsylvania (again, both simple and aggrivated assult have provisions for at least reckless injury under some conditions), Texas, North Dakota (PDF file; simple assault has negligent assault), and New Jersey. I can't link to NJ's because it's in a subscription service (Westlaw), but the relevant portions are the same as PA.
There are jurisdictions where this isn't true (California and Georga (warning: very large and slow-loading version of the entire penal code), the latter of which doesn't even have a crime called assault), but since the Model Penal Code and subsequent revisions of most states' criminal law, they are a minority. -
Re:Was I disenfranchised?
It ain't a federal law, as North Dakota doesn't even require you to register.
Some states also allow same-day registering. That's the way to go. -
As a resident of North Dakota..I'm not eligible by the letter of the sweepstakes: "To win, you must be a registered voter in time to vote on November 2, 2004."
ND is the only state that does not have voter registration.
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Re:By all other names
5/10LBS of bio or chem is not going to do anything. Jesus you've been reading the Dept. Homeland Defense propaganda again, haven't you?
Right. And your experience with these types of weapons is what, exactly? How many people will a pound of blister or nerve agent affect in a standard western city at noontime?
For years, all through the ColdWar, the US and the fUSSR deployed various chemical and possibly bio weapons. Some of these included small, battlefield use, artillery shells. Payload no more than a very few pounds.
"Ken Alibek, a former top official in the Soviet germ weapons program who is now president of Advanced Biosystems, a consulting company in Manassas, Va., said that it was routinely possible to create dry anthrax that contained 100 billion spores per gram and that, with some effort, 500 billion was possible."
"The infectious dose," Dr. Alibek said, "can be quite large."
Seeing as an infectious dose can be as little as 10,000 spores and seeing as 5 lbs at that concentration is 11 trillion spores...you figure it out.
Nerve agents are even worse. 70 mg. min/m3 can be fatal to all but the most resistant. 70 milligrams. How much is 5 lbs of that?
The best chemical weapon is one that has a large percentage of pb. Injected at over Mach 1.
Sure, one on one. For a widescale terror weapon, though...a bullet is somewhat ineffective, unless you're the target "one". -
Re:FingerprintsWell if you don't buy alcohol either then you could be a danged Moslem terrorist!!!
And if you buy too much pseudofed you could be running a meth lab . -
Link to article in ComputerWorld"ComputerWorld" - N.D. voters side overwhelmingly with privacy.
WASHINGTON -- In a vote with potential national implications, North Dakota residents overwhelmingly agreed yesterday to bar the sale of personal data collected by banks, credit unions and other financial services firms to third parties.
This is the first time that voters in a state have had the chance to toughen privacy protections set in the federal Gramm-Leach-Bliley financial modernization law, which allows financial services firms to freely share information without consumer consent.
Of the approximately 115,000 votes cast in yesterday's referendum, nearly 74% voted to require consumer consent before data is shared. The state elections board offered vote results online.
"This is the beginning of a consumer backlash against the sharing of information," said Avivah Litan, an analyst at Gartner Inc. in Stamford, Conn.
[
Privacy advocates say the vote reaffirms opinion polls showing that customers want stronger privacy protections. "It's no longer speculation -- people want opt-in," said Chris Hoofnagle, legislative counsel at the Electronic Privacy Information Center.
The vote comes at the same time Congress is considering legislation by U.S. Sen. Ernest "Fritz" Hollings (D-S.C.) that would preempt the ability of states to do what North Dakotan voters did yesterday.
"It's becoming clearer that preemption of state law is an attempt to prevent strong privacy protections," said Hoofnagle.
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Re:The Question Is...WRITE THESE PEOPLE TOO!
William Clinton President The White House, 1600 Pennsylvania Ave NW Washington, District of Columbia 20500 United States of America phone 1-202-456-1414 fax 1-202-456-2886 or 1-202-456-2461 (busy, keep trying) e-mail president@whitehouse.gov webpage http://www.whitehouse.gov/
House Majority Leader House of Representatives Washington, District of Columbia 20515 United States of America webpage http://www.house.gov/
House Minority Leader House of Representatives Washington, District of Columbia 20515 United States of America webpage http://www.house.gov/
Speaker, House of Representatives House of Representatives Washington, District of Columbia 20515 United States of America webpage http://www.house.gov/
Senate Majority Leader U.S. Senate Washington, District of Columbia 20510 United States of America webpage http://www.senate.gov/
Senate Minority Leader U.S. Senate Washington, District of Columbia 20510 United States of America webpage http://www.senate.gov/
Governor Don Seigelman State Capitol, 600 Dexter Ave. Montgomery, Alabama 36130 United States of America phone 1-334-242-7100, fax 1-334-242-4541 webpage http://www.state.al.us/
Governor Tony Knowles P.O. Box A Juneau, Alaska 99811 United States of America phone 1-907-465-3500, fax 1-907-465-3532 e-mail office_of_the_governor@gov.state.ak.u s webpage http://www.gov.state.ak.us/
Governor Jane Dee Hull State House Phoenix, Arizona 85007 United States of America phone 1-602-542-4331, fax 1-602-542-7601 webpage http://www.state.az.us/
Governor Mike Huckabee 250 State Capitol Bldg. Little Rock, Arkansas 72201 United States of America phone 1-501-682-2345, fax 1-501-682-1382 e-mail mike.huckabee@state.ar.us webpage http://www.state.ar.us/governor/gover nor.html
Governor Gray Davis State Capitol Sacramento, California 95814 United States of America phone 1-916-445-2841, fax 1-916-445-4633 e-mail hometeam@ca.gov webpage http://www.ca.gov/s/
Governor Bill Owens 136 State Capitol Denver, Colorado 80203-1792 United States of America phone 1-303-866-2471, fax 1-303-866-2003 webpage http://www.state.co.us/
Governor John Rowland State Capitol, 210 Capitol Ave Hartford, Connecticut 06106 United States of America phone 1-860-566-4840, fax 1-203-524-7396 e-mail governor.rowland@po.state.ct.us webpage http://www.state.ct.us/governor/
Governor Thomas Carper Legislative Hall Dover, Delaware 19901 United States of America phone 1-302-739-4101, fax 1-302-577-3118 e-mail ssnyder@state.de.us webpage http://www.state.de.us/governor/index.htm
Governor Jeb Bush State Capitol Tallahassee, Florida 32399 United States of America phone 1-850-488-4441, fax 1-850-487-0801 e-mail page http://www.state.fl.us/eog/govmailform. html webpage http://fcn.state.fl.us/gsd/
Governor Roy Barnes State Capitol Building, Room 203 Atlanta, Georgia 30334 United States of America phone 1-404-656-1776, fax 1-404-657-7332 e-mail governor@gov.state.ga.us webpage http://www.state.ga.us/
Governor Benjamin Cayetano State Capitol, Executive Chambers Honolulu, Hawaii 96813 United States of America phone 1-808-586-0034, fax 1-808-586-0006 e-mail gov@gov.state.hi.us webpage http://gov.state.hi.us
Governor Dirk Kempthorne State Capitol PO Box 83720, 700 West Jefferson, Fl. 2 Boise, Idaho 83720-0034 United States of America phone 1-208-334-2100, fax 1-208-334-2175 e-mail governor@gov.state.id.us webpage http://www.state.id.us/gov/govhmpg.htm
Governor George Ryan 207 Statehouse Springfield, Illinois 62706 United States of America phone 1-217-782-0244, fax 1-217-524-4049 e-mail governor@state.il.us webpage http://www.state.il.us/gov/
Governor Frank O'Bannon Statehouse, Rm. 206 Indianapolis, Indiana 46204 United States of America phone 1-317-232-4567, fax 1-317-232-3443 e-mail page http://www.ai.org/gov/gov_mail.html webpage http://www.ai.org/gov/index.html
Governor Thomas Vilsack State Capitol Des Moines, Iowa 50319 United States of America phone 1-515-281-5211, fax 1-515-281-6611 e-mail general.office@igov.state.ia.us webpage http://www.iowaccess.org/
Governor Bill Graves State House Topeka, Kansas 66612 United States of America phone 1-913-296-6240, fax 1-913-296-7973 e-mail page http://www.state.ks.us/public/g overnor/comment.html webpage http://www.state.ks.us/public/governor/
Governor Paul Patton State Capitol, 700 Capitol Ave. Frankfort, Kentucky 40601 United States of America phone 1-502-564-2611, fax 1-502-564-2517 e-mail governor@mail.state.ky.us webpage http://www.state.ky.us/agencies/go v/govmenu6.htm
Governor Murphy Foster, Jr. State Capitol, P.O. Box 94004 Baton Rouge, Louisiana 70804 United States of America phone 1-504-342-7015, fax 1-504-342-7099 e-mail page http://www.gov.state.la.us/governo r/contact2.htm webpage http://www.gov.state.la.us/
Governor Angus King, Jr. State House Station 1 Augusta, Maine 04333 United States of America phone 1-207-287-3531, fax 1-207-287-1034 e-mail page http://janus.state.me.us/govoffice/ gov_form.htm webpage http://janus.state.me.us/govoffice/ homepage.htm
Governor Parris Glendening State House Annapolis, Maryland 21401 United States of America phone 1-410-974-3901, fax 1-410-974-3275 e-mail governor@gov.state.md.us webpage http://www.gov.state.md.us/
Governor Paul Cellucci State House, Room 360 Boston, Massachusetts 02133 United States of America phone 1-617-727-6250, fax 1-617-727-9725 e-mail goffice@state.ma.us webpage http://www.magnet.state.ma.us/gov/gov.htm
Governor John Engler State Capitol, PO Box 30013 Lansing, Michigan 48909 United States of America phone 1-517-335-7858, fax 1-517-335-6863 email page http://www.state.mi.us/MIGOV/ gov/ContactGovernor.shtm webpage http://www.state.mi.us/migov/
Governor Jesse Ventura 130 State Capitol, 75 Constitution Avenue St. Paul, Minnesota 55155 United States of America phone 1-651-296-3391, fax 1-651-296-2089 e-mail Governor.JesseVentura@state.mn.us webpage http://www.mainserver.state.mn.us/gover nor/
Governor Kirk Fordice P.O. Box 139 Jackson, Mississippi 39205 United States of America phone 1-601-737-9540, fax 1-601-737-9507 e-mail governor@govoff.state.ms.us webpage http://www.state.ms.us/
Governor Mel Carnahan Missouri Capitol Building, P.O. Box 720 Jefferson City, Missouri 65102-0720 United States of America phone 1-573-751-3222, fax 1-573-751-1495 e-mail page http://www.gov.state.mo.us/guest.htm webpage http://www.gov.state.mo.us/
Governor Marc Racicot State Capitol Helena, Montana 59620 United States of America webpage http://www.mt.gov/governor/governor.htm
Governor Mike Johanns State Capitol, Executive Suite, PO Box 94848 Lincoln, Nebraska 68509-4848 United States of America phone 1-402-471-2244, fax 1-402-471-6031 e-mail jodee@mail.state.ne.us webpage http://www.state.ne.us/
Governor Kenny Guinn State Capitol Carson City, Nevada 89710 United States of America phone 1-702-687-5670, fax 1-702-687-4486 webpage http://www.state.nv.us/
Governor Jeanne Shaheen State House Concord, New Hampshire 03301-4990 United States of America phone 1-603-271-2121, fax 1-603-271-2130 e-mail nhgov@nh.com webpage http://www.state.nh.us/
Governor Christine Todd Whitman Office of the Governor State House, 125 West State St., CN-001 Trenton, New Jersey 08625-0001 United States of America phone 1-609-292-6000, fax 1-609-292-5212 e-mail page http://www.state.nj.us/governor/govmail
Governor Gary Johnson State Capitol Santa Fe, New Mexico 87503 United States of America phone 1-505-827-3000, fax 1-505-827-3026 e-mail gov@gov.state.nm.us webpage http://www.state.nm.us/
Governor George Pataki State Capitol Albany, New York 12224 United States of America phone 1-518-474-8390, fax 1-518-474-1513 e-mail gov.pataki@chamber.state.ny.us webpage http://www.state.ny.us/governor
Governor James Hunt, Jr. State Capitol Raleigh, North Carolina 27603 United States of America phone 1-919-733-4240, fax 1-919-733-2120 webpage http://www.sips.state.nc.us/
Governor Edward Schafer 600 E. Blvd, State Capitol, Fl. 1 Bismark, North Dakota 58505 United States of America phone 1-701-328-2200, fax 1-701-328-2205 webpage http://www.ehs.health.stat e.nd.us/gov/governor/index.htm
Governor Bob Taft State House Columbus, Ohio 43215 United States of America phone 1-614-466-3555, 1-614-466-9354 webpage http://www.state.oh.us/gov/
Governor Frank Keating State Capitol Bldg., Rm. 212 Oklahoma City, Oklahoma 73105 United States of America phone 1-405-521-2342, fax 1-405-521-3353 e-mail governor@oklaosf.state.ok.us webpage http://www.state.ok.us/
Governor John Kitzhaber State Capitol Salem, Oregon 97310 United States of America phone 1-503-378-4582, fax 1-503-378-4863 webpage http://www.governor.state.or.us/
Governor Tom Ridge 225 Main Capitol Harrisburg, Pennsylvania 17120 United States of America phone 1-717-787-2500, fax 1-717-772-8284 e-mail governor@state.pa.us webpage http://www.state.pa.us/PA_Exe c/Governor/overview.html
Governor of the Commonwealth Commonwealth of Puerto Rico San Juan, Puerto Rico 00936 United States of America webpage http://fortaleza.govpr.org
Governor Lincoln Almond State House Providence, Rhode Island 02903 United States of America phone 1-401-277-2080, fax 1-401-273-5729 webpage http://www.doa.state.ri.us/info/exec.htm
Governor James Hodges State House, PO Box 11369 Columbia, South Carolina 29211 United States of America phone 1-803-737-9540, fax 1-803-737-9507 webpage http://www.state.sc.us/
Governor William Janklow State Capitol, 500 East Capitol Ave Pierre, South Dakota 57501-5070 United States of America phone 1-605-773-3212, fax 1-605-773-5844 e-mail sdgov@gov.state.sd.us webpage http://www.state.sd.us
Governor Don Sundquist State Capitol Nashville, Tennessee 37243 United States of America phone 1-615-741-2001, fax 1-615-532-9711 e-mail dsundquist@mail.state.tn.us webpage http://www.state.tn.us/governor/
Governor George W. Bush State Capitol, P.O. Box 12428 Austin, Texas 78711 United States of America phone 1-512-463-2000, fax 1-512-463-1849 webpage http://www.governor.state.tx.us/
Governor Michael Leavitt 210 State Capitol Salt Lake City, Utah 84114 United States of America phone 1-801-538-1000, fax 1-801-538-1528 e-mail governor@state.ut.us webpage http://www.governor.state.ut.us/
Governor Howard Dean 109 State St. Montpelier, Vermont 05609 United States of America phone 1-802-828-3333, fax 1-802-828-3339 e-mail governor@state.vt.us webpage http://www.state.vt.us/
Governor Jim Gilmore State Capitol Richmond, Virginia 23219 United States of America phone 1-804-786-2211, fax 1-804-371-6351 e-mail page http://www.state.va.us/governor/govmail
Governor Gary Locke State Capitol, P.O. Box 40002 Olympia, Washington 98504-0002 United States of America phone 1-360-902-4111, fax 1-360-753-4110 e-mail governor.locke@governor.wa.gov webpage http://www.wa.gov/governor
Governor Cecil Underwood State Capitol Charleston, West Virginia 25305 United States of America phone 1-304-558-2000, fax 1-304-342-7025 e-mail governor@state.wv.us webpage http://www.state.wi.us/governor/default
Governor Tommy Thompson State Capitol, Room 115 East Madison, Wisconsin 53707 United States of America phone 1-608-266-1212, fax 1-608-267-8983 e-mail wisgov@mail.state.wi.us webpage http://www.wisgov.state.wi.us/
Governor Jim Geringer State Capitol Cheyenne, Wyoming 82002 United States of America phone 1-307-777-7434, fax 1-307-632-3909 e-mail governor@missc.state.wy.us webpage http://www.state.wy.us/gove rnor/text_governor_home.html