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You Are Not a Lawyer

Paul Ohm is starting a new "very occasional" feature on the Freedom To Tinker blog called You Are Not a Lawyer — "In this series, I will try to disabuse computer scientists and other technically minded people of some commonly held misconceptions about the law (and the legal system)." In the first installment, Ohm walks through the reasons why many techies' faith in the presence of "reasonable doubt" is so misplaced. "When techies think about criminal law, and in particular crimes committed online, they tend to fixate on [the 'beyond a reasonable doubt'] legal standard, dreaming up ways people can use technology to inject doubt into the evidence to avoid being convicted. I can't count how many conversations I have had with techies about things like the 'open wireless access point defense,' the 'trojaned computer defense,' the 'NAT-ted firewall defense,' and the 'dynamic IP address defense.' ... People who place stock in these theories and tools are neglecting an important drawback. There are another set of legal standards — the legal standards governing search and seizure — you should worry about long before you ever get to 'beyond a reasonable doubt.'"

123 of 693 comments (clear)

  1. Ohm's Law? by loshwomp · · Score: 5, Funny

    Sounds like the piece should be called "Ohm's Law".

    1. Re:Ohm's Law? by Anonymous Coward · · Score: 5, Insightful

      A couple of considerations:
      (1) the attorney author comes from the DOJ's Cymbercrime division -- the DOJ may have one interpretation of the law but the courts might have another;
      (2) Academic lawyers generally have a slanted view on the world; and
      (3) the facts and circumstances of your given situation are very important, blanket generalizations are risky. Facts can sometimes be fluid a good lawyer, can setup the playing field to the benefit of his/her client.

    2. Re:Ohm's Law? by lastchance_000 · · Score: 5, Funny

      I'll start a feature called "You are not a techie."

      My first entry? Make sure your webserver/webhost is up to snuff before letting /. loose on it.

    3. Re:Ohm's Law? by TheRedSeven · · Score: 4, Informative

      Since it's already /.'ed, here's the Google Cache so you can at least read the text.

    4. Re:Ohm's Law? by Sponge+Bath · · Score: 5, Funny

      Years ago I saw a US Air Force training document refer to "Ohm's Three Laws".
      V=IR, I=V/R, and R=V/I. :P

    5. Re:Ohm's Law? by FalseModesty · · Score: 5, Funny

      (2) Academic lawyers generally have a slanted view on the world

      As opposed to ACs?

    6. Re:Ohm's Law? by Anonymous Coward · · Score: 5, Insightful

      (1) you are not a lawyer.
      (2) Lawyers think differently depending on the situation they are in. A "DOJ" lawyer might have completely opposing viewpoints to his employer when writing on a blog.
      (3) The DOJ cybercrime division is not known for producing academic lawyers.
      (4) Situations have common facts and courts often analogize.

    7. Re:Ohm's Law? by gnick · · Score: 5, Insightful

      Thank you for that. It's an interesting read but, for anyone who wants to save some time, here it is in a nutshell:

      If your computer is targeted in a police investigation, your life is going to be a huge pain in the ass for a while even if you somehow manage an acquittal.

      IANAL.

      --
      He's getting rather old, but he's a good mouse.
    8. Re:Ohm's Law? by 3dr · · Score: 2, Funny

      I think he's going to get a lot of resistance fighting the current of Techie Law Knowledge.

    9. Re:Ohm's Law? by Anonymous Coward · · Score: 2, Funny

      You think that's bad - My parents are worse.

      I mean, with the last name Coward, who in the hell names their kid Anonymous?!?

    10. Re:Ohm's Law? by Roger+W+Moore · · Score: 4, Funny

      A couple of considerations...

      Here is one more:
      (4) If you are not in the US, US law does not apply.

    11. Re:Ohm's Law? by winkydink · · Score: 5, Insightful

      His point was that long before you ever get your day in court for "reasonable doubt", you will be arrested, jailed, your friends & family will be questioned about you, your stuff searched, etc... all with a much lower burden than "reasonable doubt".

      So while you may ultimately prevail with "reasonable doubt", the police/prosecutors can your make you life a living hell until you get your day in court.

      --

      "I'd rather be a lightning rod than a seismometer." -Ken Kesey

    12. Re:Ohm's Law? by Beardo+the+Bearded · · Score: 3, Informative

      As part of an engineering education, you take one course in law. Basically, it's an overview of contract law, the legal system, various appeals you can go through, etc. The idea is to make you realize that lawyers go through as much or more schooling as engineers do (often more), they go through an articling phase, and they're professionals at what they do.

      You wouldn't get a lawyer to design a bridge, so don't try to get a "techie" to answer legal questions.

      If you've got a legal question, ask your attorney. If you don't have one, get one on retainer.

      If the police ask you questions, the only appropriate answer is "My lawyer's name is ____."

      --

      ---
      ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
    13. Re:Ohm's Law? by b4upoo · · Score: 5, Insightful

      You left out expensive - A huge expensive pain in the ass.

    14. Re:Ohm's Law? by Ethanol-fueled · · Score: 2, Insightful

      I read it as , "We're a bunch of thugs and we're going to fluff up the slightest excuse to interrogate your peers and rummage through your bedroom doors because the only doubts we need don't even have to be reasonable. Since Bush came into office, everybody who views child porn is a molester and gets 20 years in prison for possession since we're still on our power high...hell, your 17 year old daughter may be a child pornographer for sending nudies of herself to her boyfriend...."

      "...so be afraid, America, all we have to do to ruin your life is throw around the phrases 'child porn' or 'pedophile' !"

    15. Re:Ohm's Law? by Leafheart · · Score: 4, Insightful

      Here is one more: (4) If you are not in the US, US law does not apply.

      I wished that was true :/

      --
      --- "When you gotta do something wrong. You gotta do it right. (Fighter)"
    16. Re:Ohm's Law? by Jah-Wren+Ryel · · Score: 5, Insightful

      Here is one more:
      (4) If you are not in the US, US law does not apply.

      Tell that to Gary McKinnon and Hew Raymond Griffiths.

      --
      When information is power, privacy is freedom.
    17. Re:Ohm's Law? by Sique · · Score: 4, Insightful

      Ok, lets rephrase that: "If you are not in the U.S., your rights under U.S. law do not apply."

      --
      .sig: Sique *sigh*
    18. Re:Ohm's Law? by rgviza · · Score: 5, Insightful

      For real.

      To use the open wireless access point as an example. If someone sits outside your house and downloads kiddie porn, or starts running brute force attacks against NSA through your connection, the feds will show up and confiscate every electronic computer and storage device in your house so they can run forensics on it, which may take them 2-3 years to get to. Meanwhile all your stuff is sitting in an evidence room depreciating.

      Sure you might not get into trouble if there's no evidence on any of your gear or storage, but by the time you get it all back, it will be useless and way out of date.

      If you factor this depreciation, and you have a lot of gear and storage, the cost is huge. Then you have attorney bills and your reputation to worry about. You will never fully recover your reputation even if you are 100% innocent.

      Leaving that default password on your router has a lot of potential to screw your life up in ways you wouldn't expect.

      -Viz

      --
      Don't kid yourself. It's the size of the regexp AND how you use it that counts.
    19. Re:Ohm's Law? by jp10558 · · Score: 5, Interesting

      I have to wonder - how much does an average lawyer retainer cost? I can see $1,000 a year vs $20,000 a year making a big difference between what a middle class person would be able to do. Any recommendations for finding lawyers for handling general stuff a normal person would go through (basic contracts, etc)?

      The problem I have is finding a lawyer has got to be like finding a doctor - you almost have to be one to do anything better than pin the tail on the lawyer!

      What do slashdotters do who have lawyers?

      --
      Opera, Proxomitron-Grypen,GPG 0x0A1C6EE3
    20. Re:Ohm's Law? by vux984 · · Score: 5, Interesting

      mod parent up. I want answers to BOTH those questions.

      Everyone says 'get a lawyer'. How much is this going to cost.

      I've always assumed they were expensive, and paying a lot just to have someone to call is quite frankly, too expensive. In the last 10 years, I've never needed one. How much would have having one, even just a basic, "starter model" someone competent and cheap, but no frills... what would that have cost me?

      And the second question... how does one find a competent one? No one in my social circle has one... so a friends referral is out.

    21. Re:Ohm's Law? by sjwest · · Score: 3, Insightful

      As i was one of the few somebodies who observed a certain spammer (Mr Robert Soloway) and his use of bot nets let me insert some euro's into this.

      Mr Gary was an idiot - lets all agree on that using trial remote software in windows (with the credit card number) during the middle of the American day means at some point even the most idiotic American computer user knows things are not right.

      Is it right that this [Gary] idiot goes to American justice ?, well if the us congress ever ratifies the extradition agreement with the UK then maybe we might get back some of those DeLorean millions lost. Buts that is ok as the special relationship means special to one side only.

      So as a european citizen could i expect to see Robert Soloway in a european for computer crimes - no way.

      I AM NOT trying to troll

      I do not have court powers (i know) but the law is a joke, lets face it the coke dealer on the american corner is probably much more likely to see a policeman than Robert Soloway

      To my knowledge the courts,the ftc,local state law all failed to act on Soloway, until federal level.

      I could troll an anti american conclusion here, but i know better, Gary is a retard, the UK law that approves all extradition to the us no questions asked proves that there are plenty of idiots in UK government.

      I dont want to be an lawyer, even an idiot watcher of Robert Soloway could tell you that in civil court Soloway admitted to not paying tax of any kind in court.

      My conclusions - what i know stands up in court, the law in america would seem to overlook a great deal.

      Please note i note trying to troll.

    22. Re:Ohm's Law? by Ironica · · Score: 3, Insightful

      A couple of considerations:
      (3) the facts and circumstances of your given situation are very important, blanket generalizations are risky. Facts can sometimes be fluid a good lawyer, can setup the playing field to the benefit of his/her client.

      ...which is relevant in the trial. What he's talking about is BEFORE that, the investigation has a much lower bar on what they need to prove that they can go rifling through your stuff.

      "A good lawyer" isn't going to do you any good at 10:00 on a Tuesday night when the police knock on the door with a warrant in hand, ready to arrest you if you don't cooperate right then.

      --
      Don't you wish your girlfriend was a geek like me?
    23. Re:Ohm's Law? by TheTurtlesMoves · · Score: 2, Insightful

      Academic lawyers generally have a slanted view on the world

      In my experience all lawyers have a slanted view of the world. The problem is, so does the Judge. And don't get me started with jury's.

      --
      The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
    24. Re:Ohm's Law? by Elektroschock · · Score: 2, Insightful

      Ohm looks like to an invitation to reboot the legal system and smash the bugs. Rule of law vs. rules of lawyers. As an alternative you can leave the nation and go abroad.

    25. Re:Ohm's Law? by snspdaarf · · Score: 5, Informative

      You do the same thing you do when you need a doctor and are new in town. You ask people, you look at the specialty of the professional in question, and you call for an appointment. You do not have to have a lawyer on retainer at all times. Many times a first visit is free, so if you get a bad vibe from a lawyer, or don't feel like they are listening to your concerns, try another. While I would not want a patent lawyer defending me in criminal court, if I was arrested and the only lawyer I knew was a patent lawyer, I would call him and ask for help getting the right kind.

      --
      Why, without your clothes, you're naked, Miss Dudley!
    26. Re:Ohm's Law? by Repton · · Score: 3, Funny

      But what about Ohm's Fourth Law, V/IR=1?

      --
      Repton.
      They say that only an experienced wizard can do the tengu shuffle.
    27. Re:Ohm's Law? by prestonmichaelh · · Score: 2, Informative

      While I would not want a patent lawyer defending me in criminal court, if I was arrested and the only lawyer I knew was a patent lawyer, I would call him and ask for help getting the right kind.

      I would second this. I have a family friend that is a malpractice lawyer (defends doctors). Since I am not a doctor, I have no use for his services pretty much ever. Last year, however, my aunt died and we needed a probate lawyer, so we asked him. Sure enough, he knew several and even had one working in his firm. It seems to me that, much like doctors, most lawyers are specialists these days. The downside is that there is rarely no "one-size-fits-all" lawyer, but typically, if you can find even one lawyer your trust/like, then if you need something that is not in their specialty, they can recommend someone who does specialize in what you need.

  2. Wow! Who ever would have guessed that!? by eldavojohn · · Score: 3, Insightful

    Disclaimers: I am a "techie" (whatever the hell that means). I do not pirate or violate copyright or IP laws to my knowledge. I am not a lawyer.

    Why do I care about this? This confusingly assuming post is trying to say that techies are so stupid that they can only comprehend there being one piece of evidence in a trial and they think that if they cast doubt on this one piece of evidence then the accused is in the clear. I know this isn't true. If I prove that a screenshot of an IP address could be photoshopped yet there are logs upon logs provided by the ISP backing this up, I have done little if anything.

    So draw a Venn diagram of all evidence (shadow-of-a-doubtable evidence unioned with unshadow-of-a-doubtable evidence) and show that if there exists any evidence outside of the shadow-of-a-doubtable circle than you're boned. That was essentially the only point you had in your windy post, correct? What else was there? A lesson on how police can opt to legally collect information regarding a case?

    Thank you for the world class revelation, Paul. And also thank you for the imagery of "techies" being bumbling buffoons aping Perry Mason in their dreams. Perhaps my father was on to something when he tried to teach me that for all lawyers that exist none of them have any interest other than money and sucking the blood out of other people.

    --
    My work here is dung.
  3. Legal standards of search and seizure by Max+Threshold · · Score: 3, Insightful

    You mean the ones the Florida Highway Patroll pioneered ignoring back in the 80s, and which are now routinely ignored by law enforcement agencies nationwide? Trust me, I worry about those legal standards all the time...

    1. Re:Legal standards of search and seizure by Lumpy · · Score: 5, Insightful

      IANAL but I know some Law facts.

      1 - dont trust cops.
      2 - Dont trust judges.
      3 - Dont trust lawyers.
      4 - assume that everyone is trying to shaft you.
      5 - Once you are in the legal system THEY OWN YOUR BUTT.
      6 - If you are going to do something illegal, make sure you CANT GET CAUGHT.
      7 - Dont do anything illegal.

      Honestly, Judges hate you, cops hate you, everyone on a jury if you get that far hates you. you are considered Guilty until proven innocent. Dont even believe the Bullshit given to you as a youth that it's the other way around. It's not and never has been that way.

      Finally, you cant talk a cop out of arresting you. You can make him think it's more bother than it's worth and let you go if it's not worth it and you're being a nice guy. They will let a nice guy in Abercrombie that says yes sir, no sir, thank you sir go with a warning way before the dont touch me pig screaming hoodie wearing blacked out eyesocket head shaved like the damned pincushion for a head guy. It blows my mind how stupid many criminals are, if you dress and look like a punk, the cops will treat you like a punk.

      I never got in trouble as a kid. but then I was aware of my location and had a scanner in my pocket with a earphone in all the time. Friends learned that if I left a party or gathering, they need to as well.

      --
      Do not look at laser with remaining good eye.
    2. Re:Legal standards of search and seizure by FalseModesty · · Score: 4, Funny

      I never got in trouble as a kid. but then I was aware of my location and had a scanner in my pocket with a earphone in all the time.

      Wow. Just seriously paranoid, or did you commit lots of crimes?

    3. Re:Legal standards of search and seizure by MattSausage · · Score: 2, Insightful

      Holy crap.. you seriously walked around with a police scanner in your ear ALL the TIME... and you were still invited to parties? And you are PROUD of this? Gee, I wonder where the rest of the world got the idea that techies are a bunch of awkward losers who think they're so much smarter than anyone else. frankly, the people inviting the crazy-paranoid-police-scanner dude were the smartest in that entire scenario.

    4. Re:Legal standards of search and seizure by Paracelcus · · Score: 5, Funny

      Encrypt everything, hide everything, obfuscate everything, always assume that THEY are out to get you. Keep your bags packed at an alternate (undisclosed) location, keep some cash hidden and have an extra passport ready (always lose the first one they send you) in case they confiscate your first. Always pay cash, wear a broad brimmed hat and large dark glasses in public, grow a beard (you can quickly change you appearance by shaving). Use anonymous pay as you go cellphones or be careful what you say over the phone, keep your phone turned off and the battery removed.

        Remember it ain't paranoia if they really are out to get you!

      --
      I killed da wabbit -Elmer Fudd
    5. Re:Legal standards of search and seizure by Lumpy · · Score: 4, Funny

      Friends that got nailed a LOT and watched their pain. Also I had a brother that got nailed and was ground up through the system.

      when you see it happen and pay attention, you know what happens and what to do to stay away from it. I also was a big protester in college.. I was never arrested because I would not be stupid and dress like the others protesting. I always looked like a innocent bystander on purpose..

      Once when asked by a cop why I was holding a sign I said, "some cute chick over there gave it to me, I dont want to drop it and litter" He took the sign as a favor to me.

      --
      Do not look at laser with remaining good eye.
    6. Re:Legal standards of search and seizure by Lumpy · · Score: 2, Interesting

      You obviousally dont understand anything about a scanner and ear plug.

      I had a real one, it was thin, it fit inside my pockets (I started the baggy pants thing, all of you copied me!) hidden. And I ran the wire up my shirt to my earpiece that was flesh colored. you could not see it under my long hair. Two reasons, I did not let party-ers know I had it, 2 cops get PISSED if they see you with a scanner. It was easy to ditch it if need be.

      Proud of it? yup. it's smarter than simple fool that get's the name of the jail tattooed on them to be proud of their arrests. I have no record because of it.

      --
      Do not look at laser with remaining good eye.
    7. Re:Legal standards of search and seizure by MegaFur · · Score: 3, Insightful

      Note to Lumpy: In the following post, anyplace that I used the word "you", this is not meant to apply to you, Lumpy. I agree with what you said. I just wanted to "mee too" with my own version. I agree with you, and with the original "You Are Not A Lawyer" guy that there are far too many folks out there that don't get how the legal system really works.

      I wanna make a few points:
      1. It's not that the police/judges/lawyers hate you, it's just that they really *don't* care about you *at all*. I mean you really are just another number to them. The good ones out there, they care that you get the legal definition of a "fair" trial, but that's all. And, btw, it's entirely possible for you to have a legally defined "fair" trial and for you to still get totally screwed over and railroaded. If you don't believe this, you're living in a fairy land. I hope fairy land is still working for you when you get locked up in Oz.

      2. On point 5: yes, I totally agree.
      3. On point 6: If you're going to do something illegal, first BEFORE you start, find out exactly what the consequences and eventualities will be for if you *do* get caught--because it's impossible to be absolutely sure that you can avoid being caught. See my earlier point about fairy land.
      4. On point 7: I agree. This almost, but not quite, guarantees that you won't be going to jail for anything. (You could still get falsely accused and wrongfully imprisoned. Please don't talk to me about how that doesn't bother you because then, in the end, you'll make a fortune off the movie rights or something. The plain fact is that spending five years in prison is going to fundamentally change who you are and what you're like for the rest of your life.)
      5. If the police ever bring you in for questioning on anything, don't talk to them without a lawyer present. I don't care how innocent you are, and I don't care how polite the police are. If something really bad happened, it is the police and prosecutor's job to eventually hold someone accountable for the bad thing that happened. If no other more "worthy" suspects pop up, they might just choose to put it on you. This can happen even without the police being corrupt, and that's why there's that pesky rule about you being allowed to have legal council present. Of course, even that is no guarantee that you won't get falsely accused and wrongfully imprisoned, but if you go talking to the police sans legal council you are seriously screwing yourself over. Don't be a dope. Demand a lawyer.

      In summary: The legal system isn't really out to get you, but it's much bigger than you are and it tends to be capricious and merciless--kind of like an uber-deity tripped out on mescaline and crystal meth. You really don't *ever* want to be on the wrong side of it. Because of all this, even though it isn't out to get you (most of the time), you'll be safer if you act as though it is.

      --
      Furry cows moo and decompress.
    8. Re:Legal standards of search and seizure by meringuoid · · Score: 3, Insightful
      Holy crap.. you seriously walked around with a police scanner in your ear ALL the TIME... and you were still invited to parties?

      Going by the line Friends learned that if I left a party or gathering, they need to as well - I'd say they were the sort of parties where knowing in advance that the police were on their way was a big advantage. In other words, really good parties.

      --
      Real Daleks don't climb stairs - they level the building.
    9. Re:Legal standards of search and seizure by Anonymous Coward · · Score: 3, Insightful

      Once when asked by a cop why I was holding a sign I said, "some cute chick over there gave it to me, I dont want to drop it and litter" He took the sign as a favor to me.

      Glad to see you're standing by your convictions.

    10. Re:Legal standards of search and seizure by Toonol · · Score: 2

      It'd probably be less stupid to just not commit crimes.

  4. Pfft, lawyers by Rogerborg · · Score: 5, Funny

    Difference between them and us?

    • Techie: If you don't know how to do what I do, then learn.
    • Lawyer: If you don't know how to do what I do, pay me $500 an hour or your children will die penniless in the gutter.
    --
    If you were blocking sigs, you wouldn't have to read this.
    1. Re:Pfft, lawyers by Lumpy · · Score: 2, Insightful

      WE would be driving more mercedes and BMW's if we did the same thing.

      Problem is IT guys are whores. we give up our craft for free at the drop of a hat. Lawyers simply grin and make you supply the lube.

      --
      Do not look at laser with remaining good eye.
    2. Re:Pfft, lawyers by JustinOpinion · · Score: 3, Funny

      Problem is IT guys are whores. we give up our craft for free at the drop of a hat.

      Whores don't give anything away for free. Sluts do.

      Techies are sluts. Lawyers are whores. Personally I prefer sluts to whores, but YMMV.

    3. Re:Pfft, lawyers by AK+Marc · · Score: 4, Interesting

      And then they blame the legal system when they mess it up.

      They claim that ignorance of the law is no defense. This requires that the law be accessible to the average person. However, if I were to read all laws (and regulations with force of law, as many electrical "laws" are a national book that isn't actually published law, but carries the force of it, as is the FCC and many other such sub-laws), I would die of old age before I could read them all. So, I'm not allowed to claim I didn't know it was against the law, and it's impossible for me to know all the laws. That alone sums up "law" as a profession. Sure, as a mechanic, I could be good with Mercedes and not know about Fords. But if I own a Mazda, I can get the Chilton's or such and have a good bet at figuring out most I'd need to know, and have a good idea when I'd need to call in support. For the law, you are expected to call in support before you ever start. Asking your neighbor for help with your Mazda is perfectly fine, but illegal in Law.

      And lawyers also have 7 years of school to pay for.

      So anyone that can get through an MBA program at 6 years should be able to charge about what a lawyer does? It's not just supply and demand, it's that the law creates a monopoly. Only Bar members may practice. Then, the lawyers got together and made laws to protect their racket, driving up prices. Lawyers making laws don't make them as simple as possible. Ever read a law? It's impossible. The law was passed in the 1800s. Then it was amended once every 5 years for the past 100+ years. And many of those amendments were to amdendments. So you have to spend hours per line figuring out what the law actually says now. And yes, I've seen them done this way. However, now it's more common to have an "unofficial" recording of the law with it written as amended, as opposed to written as written/stricken/overwritten/repeat.

      And you got that from the judge. The joke goes, "What do you call the person that graduated last in his class in medical school? Doctor. What do you call the person that graduated last in his law school? Your honor."

    4. Re:Pfft, lawyers by jmorris42 · · Score: 2, Insightful

      > WE would be driving more mercedes and BMW's if we did the same thing.

      Lawyers don't hide any secrets, it's all in lawbooks and much of the stuff can be found for free on the Internet. The difference is they have a trade guild that enjoys a government granted monopoly. Non members cannot practice law without the threat of prison so non lawyers quickly lose interest in expending the time required to learn the dark arcana since it can only be of passive interest. On the other hand anyone with the curiosity can grab a stack of Nutshell books, build anetwork from scratch in their spare bedroom, learn some salable skills and GET A JOB.

      --
      Democrat delenda est
    5. Re:Pfft, lawyers by cfulmer · · Score: 2, Insightful

      Pfft. Yeah, technically, lawyers have a monopoly. In reality, it's not that hard to take the LSAT, go to law school and pass the bar exam. That's not a huge barrier. The median starting salary for a lawyer is around $55K; in a number of states, it's around $40K. Sure, lawyers from Harvard and a few other top schools get the $160K jobs (plus $25K+ bonus), but there are relatively few of those and they cater largely to corporate America.

      The main reason lawyers are expensive is because most things they do take a lot of their time and because they have to pay the receptionist, rent, insurance, etc.... Consider, for example, preparing a will: the lawyer talks with you for 30-60 minutes, gathering information, answering questions about the process, finding out exactly what you need (do you need a trust also? What sort? How about a living will?) Then, goes off for 2-3 hours preparing those documents, sends them to you to get your feedback, makes any changes you need, then has you come in to execute the whole thing. All told, he has probably spent 5-6 hours on you.

      As far as the "there's too much of it" argument, you're right -- blame Congress for that one. Luckily, most of us are unaffected by the large majority of those laws.

    6. Re:Pfft, lawyers by AK+Marc · · Score: 3, Interesting

      You never need to turn to unofficial sources for the current law.

      That's untrue, unless you consider the NEC an "official" legal body. My local codes state something to the effect that "all electrical work must conform to the NEC." Thus, if you violate the NEC, you break the law, and if you don't, you are following the law. So you must pay a private organization for a copy of a book to figure out if you are breaking the law. However, I think you were talking about my reference to the laws being accessible, and that is based on the laws being available online first by private organizations that charged. If you wanted them for free, you went to the library, which had the oldest possible copies, and then years of amendments, rather than a re-publish of the entirity every year. Now, it is common to find most places put the actual laws as applied online. But that's very recent. So, between regulations like the EPA regulations, the FCC regulations and laws that give legal power to private organizations like the NEC, coupled with case law, I stand by my statement that the laws are unknowable. If they weren't, then why is it necessary to even have a lawyer? And ever notice how lawyers specialize? Try asking a lawyer about something outside their speciality. "I don't know about that, I can barely keep up with the law in my one very small specific part of the law I work with 40+ hours per week."

      "An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment."

      As stated by someone else, the first clause alone could take hours to decipher. "An assault is an unlawful attempt..." Well, it wouldn't be illegal if it were a lawful attempt. That's what we are there to look up. So does that mean that lawful striking is not assault, while unlawful striking is? And if so, what is the manner in which unlawful is defined? Can you spank your child, but not a neighbors? Can the cops strike someone in the course of arresting them? What about a regular person making a citizen's arrest (which in Texas, is nearly indistinguishible from a real one)? Wouldn't boxing be an assault? Or is that excluded by the "unlawful attempt" exclusion?

      If you think that is all perfectly clear and that there exists no case law on those first 6 words, then we can look at the rest, but I'm guessing that there have been hundreds of hours of official time spent on those 6 words alone. But, with "case law" being as official as the written law and completely inaccessible to the average person, how could anyone ever know?

    7. Re:Pfft, lawyers by causality · · Score: 3, Insightful

      Then, the lawyers got together and made laws to protect their racket, driving up prices.

      Except that politicians make laws, not lawyers. I seriously doubt all politicians are lawyers.

      "All" is a very strong statement, but there is no question that the overwhelming majority of politicians are lawyers, at least in the USA. If you made it something of a research project, you would probably have difficulty naming even a few politicians (at least on the state and federal levels) who do not hold law degrees. It does make sense that most of the people who make new laws have the qualifications necessary to understand and work with existing laws. Unfortunately the idea that their profession is special and exclusive can also be more important to them than the idea that all citizens are expected to know and obey all laws, which is why many laws appear (in my humble unqualified opinion) to be written by lawyers, for lawyers.

      As a side comment, the fact that the vast majority of politicians are lawyers is why I feel that they should be held personally responsible (i.e. face criminal charges) when a law that they created or endorsed is later found to be unconstitutional. This would be a much-needed counterbalance against the fact that a citizen cannot challenge an unconstitutional law until after he or she has suffered because of it and risked experiencing the business end of state power. But then, I have always felt that when officials and authority figures screw up, it is far worse than when an average citizen screws up because when officials do it, it undermines the respectability of the law as an institution. I think too that the prospect of power attracts some extremely undesirable personality traits; there is a shortage of good, wholesome, selfless reasons why someone would want it. So, I like the idea that if you want power, you should be held more accountable for your actions than someone who doesn't. Perhaps incorporating these ideas into our legal system would reinforce the idea that public officials are our servants and were never intended to be our masters.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    8. Re:Pfft, lawyers by sjames · · Score: 2, Interesting

      So, I'm not allowed to claim I didn't know it was against the law, and it's impossible for me to know all the laws.

      That is a VERY important point. While some laws are obvious, many more are not. To make matters worse, if you're unsure and ask for advice from a relevant government agency, they take no responsibility for giving you bad information. That is, you can do exactly as they instruct and then have the very same agency come after you for it.

      Civil law has gotten even worse. You can actually do absolutely nothing wrong at all and yet the court will still happily compel you to appear and go to great expense defending yourself to answer the patently absurd claims of any nut case that decides to sue you. Often, judges and various officers of the court will act as if they can't imagine why taking a week or more off from work without pay would be a problem. They seem equally unable to imagine why someone making $8-$40/hour finds $200 or more per hour for a lawyer to be a hardship or just plain impossible. That is certainly NOT an example of the courts using their extraordinary legal power responsibly.

  5. IPBIC* by paiute · · Score: 5, Funny

    IANAL
    YANAL

    then who the hell is a lawyer?
    TWTHIAL?

    WWJD?
    JWRTFM!

    *I post because I care

    --
    If Slashdot were chemistry it would look like this:Cadaverine
    1. Re:IPBIC* by fan777 · · Score: 5, Funny

      Jesus would ride the fucking motorcycle?

      That doesn't make any sense.

  6. Talk about timing by drhamad · · Score: 3, Interesting

    Only yesterday I read an article (found through Reddit) called (paraphrasing) "You are not a macroeconomist - you are a geek" - about all the Reddit/Digg/whatever people that think they understand the economy and how to fix it.

    --
    -Daniel
    1. Re:Talk about timing by mattrumpus · · Score: 4, Insightful

      Part of the problem is that "the geeks" got hold of economics and constructed their big, deterministic, agent based models. Models can be illuminating true, but in the case of economics, when reality and models parted company, the economists bemoaned the inability of the real world to match theory.

      What is desperately needed in economics is a more reality based outlook that attempts to truly deal with the social and economic problems of wider society, rather than a bunch autistic, antisocial, arrogant geeks who don't even realise they're only allowed to keep doing what they're doing because it serves the interests of the powerful (and they're not getting in the way too much).

      IAAE

      --
      Who's with me?! I SAID... WHO'S WITH ME!!??
  7. YANAL by shma · · Score: 4, Funny

    Y not?

    --
    I came here for a good argument
  8. No, I think the converse is true by ruin20 · · Score: 2, Insightful
    That a lot of times people (judges) simply DON'T UNDERSTAND THE IMPLICATIONS OF A TECHNICAL ARGUMENT and rule the way they want anyways. This is why patent suits were always held in west texas and this is why the RIAA will withdraw losing cases only to forum shop in an effort to push the suit again.

    The fact that all the evidence the RIAA offers shows a link to the computer AND NOT THE USER seems to be something that people (lawyers, judges) IGNORE shows they don't actually care about the FACTS. Until you start taking photos of people through their webcams as they do naughty things, or come up with a way to show exclusive use of a devise or connection, then this still happens to be evidence wrongly taken into consideration.

    --
    Oh honey look... How cute... an angry slashdotter!
    1. Re:No, I think the converse is true by InverseParadox · · Score: 2, Insightful

      ...it's a good thing I don't have mod points right now, because I'd be completely stumped as to how to mod that.

      On the one hand, I agree with most of what you're saying.

      On the other, I can see how to interpret what you're saying and the fact (and way) that you're saying it as evidence that the article's premises are correct.

      On the third, given the juxtaposition of your post with your .sig, I'm not entirely positive you aren't trolling.

      Hopefully those who do have mod points will be better able to judge this than I am.

      --
      -- The Wanderer
    2. Re:No, I think the converse is true by The+Only+Druid · · Score: 4, Insightful

      It's sort of fascinating that you've posted the exact sort of response TFA expects. I'm tempted to think you're being ironic.

      Here's the thing: a lot (i.e. the majority, actually) of these technical arguments you've referred to here are just silly. For example, you complain that the RIAA evidence links only to the computer, not the user. This is, of course, true. However, in the case of a family home that means the prosecution can narrow it down to the household members, so your argument would merely be "Well, you don't know if it was the dad or the son, so you can't sue", and that'll end up just bumping into group liability (which I won't bore everyone with here).

      In the case of a shared computer, you'd have more of an argument, e.g. one a library computer or whatnot. But realistically, how many prosecutions have involved such a machine? So far, as far as I know, all the prosecutions have involved machines in private homes or apartments, so what exactly are you arguing?

      --
      "Stumble before you crawl"
    3. Re:No, I think the converse is true by Theaetetus · · Score: 3, Interesting

      That a lot of times people (judges) simply DON'T UNDERSTAND THE IMPLICATIONS OF A TECHNICAL ARGUMENT and rule the way they want anyways. This is why patent suits were always held in west texas

      Because people from Texas are mouth-breathing retards who wouldn't understand a technical argument?
      Actually, no. Patent suits are frequently held there because the law, being federal, is the same everywhere, and that particular district has a docket almost completely free of other cases. Not much interstate fraud, racketeering, large-scale drug importation, etc., the way there is in New York.

      Did you know that plaintiffs are actually less successful in the E.D.Texas than elsewhere (and yes, it's Eastern, not Western where the majority of patent suits are filed)? No, you couldn't know that, or you wouldn't be making this argument.

      ... seems to be something that people (lawyers, judges) IGNORE shows they don't actually care about the FACTS.

      Facts like eastern vs. western district, the availability of space on the docket, the fact that patent cases get fast-tracked through the system resulting in lower costs...?

    4. Re:No, I think the converse is true by nog_lorp · · Score: 2, Insightful

      Well, GP has a point, considering the RIAA has made the leap from "Pirating -> Computer" to "Father's Computer -> Daughter who doesn't live with father anymore", deciding to sue the cancer patient rather than the deadbeat dad.

    5. Re:No, I think the converse is true by nabsltd · · Score: 2, Insightful

      So far, as far as I know, all the prosecutions have involved machines in private homes or apartments, so what exactly are you arguing?

      I haven't kept detailed notes, so I can't say how many actual RIAA-initiated lawsuits that ended up in a court involved "public" computers, but many of the "pay up or else" letters that they send involve DHCP computers on a college campus somewhere.

      I suspect that there are a decent number of people who can't actually be identified accurately enough for a lawsuit who have just paid the settlement, regardless of whether they infringed copyright of exactly the item the RIAA claims.

  9. Let's start our own by MikeRT · · Score: 4, Interesting

    You Are Not a Technologist for lawyers. That would be especially educational on intellectual property where lawyers are often absolutely clueless as to what a "technology" or "invention" actually looks like and how easy it is to make something that they thing is super cool, which we actually know is pretty mundane.

    A few years ago, I went into put-up-or-shut-up mode with a lawyer over DRM. She kept saying that we needed the DMCA because it would protect a growing market for "interchangeable, competitive, open DRM" or something to that effect. It basically boiled down to a pipe dream about DRM that is open to competition, not locked down to one vendor and that doesn't balkanize the marketplace. Yeah, I know. I should have asked her if she wanted a cherry on top and for me to add a pony to her list while she was at it.

    When I asked her **how** that would happen, when so far, no one has accomplished that, she had no clue. None. I pointed out that it is absolutely ridiculous to think that you can just weave DRM into an OS, and that if you leave it in application space a la iTunes, no one else is forced to use it. Again, no clue.

    Hopefully she and her colleagues got that pony...

  10. Oh praise ...whatever! by Samschnooks · · Score: 2, Funny
    I can't wait until he goes into Civil Torts and IP law especially about the GPL - I hope. I really hate it when I have a question and some IANAL chimes in with an opinion and says that "it's right there in the GPL in black and white" and how can I be so stupid as to not understand it! But yet, folks get into trouble with it all the time without any intent on malice. The GPL is all legalese that I don't understand and therefore, I will not use it or software under it for commercial use without advice from an IP attorney and since I can't afford one, I will not use the GPL.

    I guess I'm too stupid to use GPL software.

    1. Re:Oh praise ...whatever! by Mr.+Slippery · · Score: 2, Insightful

      The GPL is all legalese that I don't understand...I guess I'm too stupid to use GPL software.

      Perhaps you are. But then, you'd be too stupid to use any software with an EULA. Or to purchase any service that involved a contract or agreement.

      You'd surely be too stupid to sign off on that big bunch of legalize necessary to buy a house, and probably too stupid to sign the legalize on an apartment lease.

      So if you're too stupid to use GPL software, you're basically too stupid to function in this society. I'm sorry to hear that.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    2. Re:Oh praise ...whatever! by Zordak · · Score: 3, Informative

      (Shameless plug for my own GPL paper. With good examples! I send it to my clients all the time. Bottom line: the GPL is not simple. And this doesn't even include the v.3 stuff.)

      --

      Today's Sesame Street was brought to you by the number e.
  11. Reasonable Doubt. by scorp1us · · Score: 4, Interesting

    The conviction rate in the the US above 98%
    The conviction rate during the Spanish Inquisition was 96%.

    Therefore, either we're really good at identifying people, or "reasonable doubt" has become unreasonably weak defense.

    --
    Slashdot's rate-of-post filter: Preventing you from posting too many great ideas at once.
    1. Re:Reasonable Doubt. by elrous0 · · Score: 5, Funny

      At least people expect the cops to break down your door in the U.S. Nobody expects the...

      Oh, forget it.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    2. Re:Reasonable Doubt. by Darundal · · Score: 2

      Can I get a link to where you are getting that number for the conviction rate in the US?

    3. Re:Reasonable Doubt. by The+Only+Druid · · Score: 3, Insightful

      That logic doesn't follow. It assumes, among other things, that: (a) we ever had a lower rate (i.e. that it has 'become' anything), and (b) we're not just better at dropping cases before they go to trial where the person is innocent (which would be a good thing).

      --
      "Stumble before you crawl"
    4. Re:Reasonable Doubt. by YouWantFriesWithThat · · Score: 2, Interesting

      the conviction rates (usually) include plea bargains as a conviction, because you are pleading guilty to a crime. many of the people facing criminal charges qualify for a public defender and economically can't pay for their own defense. public defenders have more cases than they know what to do with, so they push for plea bargains. also, if you want to be cynical, some public defenders' offices are basically an offshoot of the DA's office. in some cities a person facing a criminal charge gets damn near railroaded into pleading guilt to something, no matter what the facts are.

      most defendants never get to defend themselves at all. the cops arrest you, seize whatever is within reach, prosecutor brings a set of charges, and you get offered a plea deal. no one ever looks at the legality of the search and seizure of evidence.

      i taught for a year in a school for kids that had been expelled from the regular school system. there was a senior there, never got in trouble, really nice kid. he was standing in his front yard playing with his niece. 2 cops jumped the fence 'in the course of an investigation' on his block. if i remember correctly there was an altercation across the street. they grabbed the kid, threw him on the ground, searched him, and found 2 nickel bags of weed. he was arrested on the spot, and eventually charged with possession with intent to deliver, a felony. there goes your right to vote, etc.

      he ended up getting a plea deal down to simple possession, a misdemeanor with a couple hundred dollar fine. he couldn't afford an attorney and the public defender convinced him to plead. i had a friend who got caught with about 10 times as much weed in the same city. he was issued a ticket for possession and was free to go. difference? my friend was white and out at the bars, the kid was white and lived in the ghetto.

      now, i am not a lawyer (of course) but i think that he would have had a pretty good chance of getting the case dismissed. they had no reason to search someone that was across the street or down the block from a fight. unless he was reported to be involved (he wasn't) they had no reason to even be in his fenced off yard. just another successful prosecution for the DA, and no one cares how the evidence was gathered.

    5. Re:Reasonable Doubt. by Firethorn · · Score: 2, Informative

      Could be worse, Japan's is 99.97%.

      Conviction rate comparison

      China is 98%

      The USA is listed as 65-80% because statistics are mostly state level.

      Therefore, either we're really good at identifying people, or "reasonable doubt" has become unreasonably weak defense.

      Or you're using made up statistics.

      --
      I don't read AC A human right
    6. Re:Reasonable Doubt. by ya+really · · Score: 3, Informative

      From the DOJ:

      Cases were terminated against 86,680 defendants during 2005. Most (90%) defendants were convicted. Of the 78,042 defendants convicted, 74,226 (or 95%) pleaded guilty or no-contest.

  12. Summary for those who didn't RTFA by DigitalSorceress · · Score: 4, Insightful

    Here's my summary:

    "Beyond a Reasonable Doubt" may get you acquitted in the end, but that doesn't apply to all the things that happen to you BEFORE the trial: Cooling your heels in jail while charged, having every piece of technology you own seized as evidence, incredibly high legal fees, yada yada.

    So, I guess the summary of the summary is:

    Keep yer nose clean.

    I suppose if you look at all the RIAA cases that routinely pop up here on /. you can easily see what he's talking about: look at all the costs and hardships those accuesed have to go through... The old lady who had probably never even listened to an mp3 in her life could probably attest to the pain. No reasonable jury would ever have convicted her, but that didn't stop the RIAA from causing her a big bunch of trouble.

    --

    The Digital Sorceress
    1. Re:Summary for those who didn't RTFA by Anonymous+Cowpat · · Score: 3, Interesting

      Oh, I read the article as "technological arguments, though sound, won't stop the legal system being 100% broken."

      --
      FGD 135
  13. LEARN by geekmansworld · · Score: 3, Interesting

    How irksome that judges, juries and lawyers should have to learn how technology works in order to do their jobs properly.

    Yes, people do have to use an ounce of cation online. Installing virus-checkers and securing your Wi-Fi are very important security measures.

    However, if we are entering an era where the justice system simply can't be bothered learning anything about the most basic computer technology, we're entering an era of wrongful convictions.

    I remind everyone of the schoolteacher who was fired over spyware popups. It's time for the justice system to educate itself, not bury its head in ancient jurisprudence.

    1. Re:LEARN by metamechanical · · Score: 4, Funny

      Yes, people do have to use an ounce of cation online.

      I prefer to use an ounce of anion, but I guess I'm just a negative kind of guy.

      --
      If I had a nickel for every time I had a nickel, I'd be richcursive!
  14. Only thing more annoying... by sampson7 · · Score: 4, Insightful

    ... than techies trying to play lawyer are lawyers who dismiss the contributions of their technical staff.

    For the record IAAL (though not your lawyer) working in house at a company. Our "techies" are engineers, builders, power system analysts, traders, etc. Another word for these people is "clients." The legal department exists to further the interest of the company and enable our techies to do business. Sure, criminal prosecutions are different than commercial contracts, etc., but the principle is the same -- the lawyer exists to aid his client in getting the best possible deal. I think the difference in outlook often results from the fact that criminal defendants tend not to be those in society best equipped to aid in their own defense, but good attorneys do their best to bring their clients along.

    If fact, the best thing about being a lawyer is helping your clients execute our common goals. Really, lawyers really provide the same service as good tech support -- except we help clients navigate the twisted corridors of the law instead of technology or computer code.

    1. Re:Only thing more annoying... by squidfood · · Score: 5, Insightful

      ...navigate the twisted corridors of the law instead of technology or computer code.

      That y'all built yourselves... talk about job-preserving legacy code... ;)

    2. Re:Only thing more annoying... by BitterOak · · Score: 3, Insightful

      ...navigate the twisted corridors of the law instead of technology or computer code.

      That y'all built yourselves... talk about job-preserving legacy code... ;)

      As opposed to techies?

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    3. Re:Only thing more annoying... by Anonymous Coward · · Score: 2, Insightful

      As opposed to techies?

      Show me the techie who's legacy code has the power to physically imprision or execute those that don't understand it, all with the sanction of general society. The worst we can do is make someone's paycheck or bank account vanish.

    4. Re:Only thing more annoying... by squidfood · · Score: 3, Insightful

      As opposed to techies?

      Actually, as a scientist (but not your scientist, please consult your scientist) with a great respect and liking for my institution's lawyers: After going through some workshops ("law for techies" and vice versa), once you get over the jargon (e.g. days can be spent on "legal significance" vs. "scientific significance") you'd be downright amazed at the similarities.

  15. Re:Wow! Who ever would have guessed that!? by 0racle · · Score: 5, Insightful

    Actually yes, a whole lot of people who call themselves techies are stupid. They also think they are far more intelligent then they are. On top of that, many who call themselves techies believe they are so far above blue collar 'mouth breathers' that with very little work they can completely confuse them. I mean, hell, you just did something similar here. You assumed that the article writer must be an idiot because, well, you said so. Go ahead and rethink your logic and consider that perhaps something happened, maybe even several times, that prompted the writer to write what he did.

    Most people are idiots, that they call themselves a techie doesn't change that.

    --
    "I use a Mac because I'm just better than you are."
  16. Re:IANAL and who would want to be? by sumdumass · · Score: 5, Insightful

    I don't think the point is getting involved, it is that many tech types, and more likely self proclaimed techies, will stray into gray areas and they need to know that their short sighted, I can't be punished theories aren't all that strong outside of their mind or circle.

    I have seen this in the past where people on IRC serve ip copyrighted materials and think a simple warning "if you are a law enforcement or affiliated with them, you are not allowed in the server" will get any evidence thrown out if they are busted. It's stuff like that which people think justifies behavior or removes possible penalties from it that is being addressed. It's the I'm using Lime wire but I have an open access point which I will blame everything on, just to have your computer taken by warrant before you can delete the lime wire program or any of the files your sharing.

  17. Reputation VS incarceration by Anonymous Coward · · Score: 5, Interesting

    Basically what it seems this article is saying is "despite all the technical 'doubts' you may throw against the charges, your live will already be ruined by the seizure of your equipment and the trial-by-media that ensures various charges"

    And sad as it is, that's probably a fairly true statement. Even here on slashdot I remember that when some guy stated that the kiddiepix on his computer came from a trojan that had massively owned his machine (and it was shown it had been fairly owned), many still believe that the possibility was too low.

    From my own experience, it's not that impossible. Where I used to work, we had a contractor setup a machine in a horribly insecure way. The box was owned over the weekend, and when I got back to the office it was pretty much unfixable short of a full format. In addition, the filenames I did see before I wiped it were fairly disturbing.

    So when you think about it, if your machine is owned, what is somebody going to do with it? The answer would be, "all sorts of things they wouldn't want to be caught doing with their own machine."

    Now fast-forward to another event in my own life. I was at one time accused of shoplifting from a video store. The cop on the phone told me it was on camera, gave a description that could have well enough been me, and gave my license plate # as the vehicle identified. After a few days of trying to get things sorted out, and being constantly threatened by the police, I contacted the video store in question to see if the tape-in-question had been misplaced and not stolen. After talking to the manager, I found out that no tapes had been stolen at all, and that they never carried a tape by the name given (oh, and their cameras actually only monitor, not record). However, there was a file with the police, which I can only guess originated from somebody calling in a fake complaint.

    It took the video-store owner calling the police dept up to get them to stop threatening me, and after that the calls just stopped (no apologies). If I hadn't called into the store to check on things myself, who knows how far it might have gone.

    So if you're trusting the thoroughness of the legal system or the good sense of a jury to save your ass, think again. Even if you're innocent your life could still be ruined by a false accusation, a suspicion, or bad luck. When the police believe that you're guilty, they will come after you heatedly and often without regard for your potential innocence. The can lie to you, they can make your life miserable, and they aren't going to stop just because of some obscure "open wireless" defense.

    1. Re:Reputation VS incarceration by evanbd · · Score: 2, Insightful

      The easier way to deal with that? Just stop talking on the phone with the officer. They'll give up pretty quickly. If they don't, just tell them that on advice of your lawyer, you don't want to talk with them without an attorney present and then hang up. If you make it take work to talk to you, they'll do a little work to make sure the evidence looks plausible first. They're just being lazy -- if getting you to confess is easier than checking out the evidence, they'll try to do that. Once it becomes clear that won't be easy, they'll check out the evidence before harassing you again.

  18. Re:Wow! Who ever would have guessed that!? by Austerity+Empowers · · Score: 4, Interesting

    I read this as a warning that such and such ironclad defenses are not the complete picture of how a prosecution would go, and to listen to your lawyers legal advice.

    True, smart people would have thought this through. There is no shortage of dumb criminals, the newspaper is full of them. Particularly so for teenagers, I can't count how many times I've heard "ironclad" loopholes for smoking pot, carrying drugs, getting away with shoplifting that any reasonable person would know has to be BS. Living in California for most of my teenager years, you can't imagine how many times I've heard the "minors cannot enter into contracts" law used as a defense in ways that couldn't ever work. Everyone was a lawyer...

    I think it's healthy to point out that this isn't a game, that there is no magic pixie dust to escape you from criminal activity. The subtext might be, if you're going to commit a crime, assume big brother is watching and think through how he's go about proving you guilty. Assume he's competant.

    I suspect that in most of the cases this guy is writing about, the people caught never expected they'd be investigated. The likely compounded their problem with lame defenses after the fact, because they're shocked/outraged/scared, and not listened to their lawyers advice, assuming he/she was too stupid to understand the technology. It comes across a bit weak that because one lawyer writes about the issue and clearly understands it, that should assume all lawyers would...but then I think he did a good job of explaining why it doesn't matter anyway.

    [And no, I don't think "troll" is the right moderation for parent, although it could have been more civil]

  19. Stereotypes by tknd · · Score: 3, Insightful

    The problem I have with any grouping is that it always degenerates to stereotypes. And before you know it, you are the stereotype, simply because you're grouped with those people. I'm not saying that there are not lawyers that are not sharks, and that there are not techies that teach, but that because of these assholes in each camp along with the stereotype, everyone in that group carries the blame.

    This is all fine if made in good humor, but when it gets personal, or taken too far, the result is enemies and flaming rather than meaningful discussion. Simply put, there is no discussion if either side or both sides choose to close their minds to criticism.

  20. False charges by phorm · · Score: 3, Insightful

    Keeping your nose clean doesn't always work. If they have enough suspicions the police (or the RIAA, whatever) will do their best to nail you to the ground, which includes all the above.

    As you mentioned: "the old lady who had probably never even listened to an mp3 in her life could probably attest to the pain"

    Innocence is no defense against having your life ruined by invasive investigation, reputation-destroying accusation, and many other such things.

  21. Re:IANAL by aliquis · · Score: 2, Interesting

    What about hiding something for wireless NAS in a less than obvious place and just let them take the machines? Keep the things you want hidden on the disk in the wireless NAS and don't log your transfers.

    If you think it's to hard to hide it what about hiding it at the neighbors apartment? Good luck with happening to bring that back for investigation ..

  22. lawyers are the same as computer programmers by circletimessquare · · Score: 2, Insightful

    they both work in a complex technical language

    a programmer worth his salt knows most of the important classes and functions and syntax in a given language needed to get a programming task done, whether serving webpages or making an operating system run. a lawyer does exactly the same thing: he knows certain important case points, the usual range of legal maneuvers in case law, and the prevailing legal opinions, and he applies them to the given legal task at hand, whether criminal or civil

    an ASP.NET C# programmer wouldn't jump in and start telling a C++ device driver how to do his work. with the same sort of humility in mind, techies really should learn a little more about the law before shooting their mouths off

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  23. Well, at least if you are not a lawyer . . . by PolygamousRanchKid+ · · Score: 2, Funny

    . . . you won't be among the first against the wall when The Revolution comes.

    Hard skills, like hacking Perl scripts to keep The Leader supplied with porn, will trump soft skills, like litigating about microwaving poodles.

    Beware . . . it IS coming . . .

    --
    Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
  24. I'm not? by iamangry · · Score: 2, Funny

    Hmm, yeah, I guess I forgot I wasn't a lawyer. I'm glad I have /. to keep track of these sorts of things for me. Thanks ./ !

  25. How about a series to help lawyers understand by jackspenn · · Score: 2, Interesting

    I will try to disabuse computer scientists and other technically minded people of some commonly held misconceptions about the law (and the legal system).

    What about writing a series to explain to lawyers they are not technical. How many times do lawyers misunderstand technology? Furthermore, I would argue it is the fault of lawyers that common folks cannot represent or understand the legal system. Doesn't it make sense to write laws the majority of common people can understand? A better use of time would be a series for lawyers that explains why the importance of spending the time and energy to draft clean and clear laws.

    --
    Respect the Constitution
  26. Hans Reiser by jjohnson · · Score: 2, Interesting

    Reiser is an excellent example of someone who should have had this explained to them. He thought he could get up on the stand and wave away a mountain of circumstantial evidence with implausible arguments that created (un)reasonable doubts.

    "I removed the passenger seat so I could sleep in my car, not because it was covered in my wife's blood."

    "But Mr. Reiser, after removing the seat, there's still a metal bar three inches off the floor that crosses the space. Are you telling us that you slept on that?"

    "... Yes. Yes, I am."

    "In a pool of water an inch deep?"

    "I didn't say it was comfortable."

    "Why was there water in the car?"

    "I hosed out the interior."

    "Why?"

    "It was dirty after removing the passenger seat so I could sleep there."

    --
    Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
  27. I am not a lawyer, but my lawyer is. by zerofoo · · Score: 3, Insightful

    OK, i'll bite.

    I'm not a lawyer, I'm a computer scientist, but you can be damn sure that I'm going to give MY lawyer all the ammunition I can to defend me.

    I'm going to have logs that "prove" I didn't do the crime.

    I'm going to have "forensics" that "prove" my computers did not have the offending data in question.

    I'm going to have hidden encrypted volumes 12-ways to Sunday - good luck getting to those without the NSA's help, or after my attorney tells me not to incriminate myself.

    What most of my friends, who are attorneys, tell me is that law-enforcement is generally incompetent when it comes to investigating a case. Collecting evidence in a LEGAL manner is a complex and difficult process. These guys that barely made it out of the academy aren't lawyers and they will fuck it up. A good attorney will find a way to make the prosecution's evidence inadmissible.

    Unfortunately, law is a complex thing. Gone are the days when the common man could defend himself. Today it's fight fire with fire.

    -ted

  28. Re:Wow! Who ever would have guessed that!? by Anonymous Coward · · Score: 3, Interesting

    No, he concluded that the article writer is an idiot because the writer made stupid assumptions.

  29. Re:Wow! Who ever would have guessed that!? by Firethorn · · Score: 2, Interesting

    Burden of evidence can be a killer.

    Sure, you're running an Open AP and your computer's been rooted. But they found the CP neatly categorized in a non-hidden folder on your desktop named 'fun stuff', CP on your work machine and logs showing you downloading it from your home machine and elsewhere, the same sorts of sites as at work. Said downloading occurs when you're at home or at work for the appropriate machine.

    What are the odds that some outside party would do all that?

    Even if I was trying to frame somebody*, I'd have a hard time faking all that even WITH the box rooted. Then there's always the chance they'll also have the control packets for the rootkit logged, which a competent lawyer with techie support would be able to argue.

    *discounting that I don't really know how to find CP in the first place, much like I'm sure that if I went looking for dope/illegal guns/hooker I'd run into a police sting first. There are positives and negatives to running on the right side of the law my entire life. Got a good job; don't really know how to 'get away' with crimes. Then again, my 'street smart' cousin hasn't been too successful at the 'get away with it' part. I've never seen the inside of a jail or prison cell, I consider that something of a success.

    --
    I don't read AC A human right
  30. If you don't plead, DOJ only has a 30% rate by sirwired · · Score: 4, Informative

    Doing some simple math with those statistics, they tell us that if you don't plead guilty, there is a 70% chance you will get off. (Either the charges are dropped, or the DOJ loses in the courtroom.)

    From those stats, I'd say it is possible our justice system is fairly healthy.

    SirWired

    1. Re:If you don't plead, DOJ only has a 30% rate by swillden · · Score: 2, Interesting

      Those numbers also don't show the cases in which formal charges are never actually filed, not because the cops and prosecutors don't think they're guilty, but because the prosecutors aren't sure they can establish a case "beyond a reasonable doubt".

      So, a part of the 98% conviction rate is undoubtedly due to prosecutorial conservatism. The 70% acquittal rate for non-pleaders that you cite is arguably the result of prosecutorial incompetence -- not that they failed to put everyone away but that they failed to drop charges they couldn't prove.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  31. Re:Wow! Who ever would have guessed that!? by TenDollarMan · · Score: 5, Informative

    I'm a lawyer, and I'm getting a kick out of these replies, etc.

    A technique that defence lawyers use is to attack the legitimacy of the gathering of the evidence. Succeed there, and it all becomes inadmissible, and the prosecution fails.

    Never mind your fucking Venn diagrams.

    That, I believe, settles the matter.

  32. Re:Thank You!!!!! by chromatic · · Score: 3, Informative

    The JD is a doctoral degree.

  33. Re:Wow! Who ever would have guessed that!? by fm6 · · Score: 5, Insightful

    I basically agree with you, but I think your description of the problem is oversimplified and misleading. People are not monolithically "smart" or "stupid". Everybody's smart and stupid about different things. Like those wizards in the Harry Potter books that can master complicated magic spells, but can't mail a letter. What turns smart people into assholes is when they assume their smartness in one field automatically transfers to another.

    I think computer techies are particularly bad this way because they tend to be self-taught. Often the most effective strategy for learning a technology is to just sit down and fiddle with it. Or they read a book that was probably written by another self-taught techie that often gets details wrong (how many of you can correctly define "ASCII"?) but gets enough essentials right to get the job done.

    What techies don't get is that this style of learning just doesn't work with the law. Even if you understand a legal principle (and when techies try to understand something as abstract as a legal principle they often get it wrong) you don't have a practical understanding of its proper application in every context. Lawyers spend years studying and arguing about this stuff, and even so they have to specialize in order to develop any real expertise.

  34. My best advise by Mr_Blank · · Score: 4, Informative

    Do. Not. Talk. To. Cops.
    Part 1: http://www.youtube.com/watch?v=i8z7NC5sgik
    Part 2: http://www.youtube.com/watch?v=08fZQWjDVKE

        This takes an hour to watch, but well worth your time. In these videos a lawyer and then a cop explain very clearly why talking to cops never works in your favor. Watch it. Learn it. Live it.

        As far as the article is concerned: He is bringing up old news that being put through the legal wringer will cost you time, money, and reputation in the community that you can not get back - even if you are innocent and/or found innocent. The best bet is to not do the crime (though if you watch the videos you will see that it is just about impossible to avoid breaking all laws).

        Good luck.

  35. Re:Wow! Who ever would have guessed that!? by Anonymous Coward · · Score: 5, Funny

    Never mind your fucking Venn diagrams.

    !?

    *squints his eyes*

    You just made a powerful enemy.

  36. You fell victim to one of the classic blunders ... by LrdDimwit · · Score: 4, Insightful

    Smart people make mistakes too. More often in areas where they lack expertise. Even though in an abstract way you know all these things, in practice, they elude many people who really ought to know better. Just ask Hans Reiser how well his cunning plan worked out in practice.

  37. Perspective by element-o.p. · · Score: 4, Insightful

    As a techie, have you ever run across an otherwise intelligent person who wants to argue with you about why their network/computer/whatever doesn't work the way they think it should? Did you ever get frustrated because, despite the fact that this is what you studied to do, spent the last five (ten, thirty) years doing, etc., etc., they think they know more about networking/programming/computer security than you?

    Now, as a techie, did it ever occur that some times, in arenas other than tech, it is *you* (and me -- I'm not pointing fingers) that is the know-it-all who just doesn't get it?

    --
    MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
  38. Re:Wow! Who ever would have guessed that!? by techno-vampire · · Score: 2, Insightful
    (shadow-of-a-doubtable evidence unioned with unshadow-of-a-doubtable evidence)

    In case you haven't noticed, the standard for a criminal trial is "beyond a reasonable doubt and to a moral certainty." In a civil case, it's "the preponderance of evidence," which is an even lower standard. Nowhere in American law is there a standard of "beyond the shadow of a doubt." I'm not saying your idea is wrong, just that you're not expressing it correctly.

    --
    Good, inexpensive web hosting
  39. Re:Absent ironclad proof by gnick · · Score: 4, Insightful

    I wouldn't shut up until the Supreme Court had heard the case.

    Best of luck. There are a great many people that would love to get in front of the Supreme Court. Something tells me that your "There is no password on my WAP - Anybody could have downloaded that. I just didn't bring it up during trial to make a point." defense, although perfectly valid, will be your last words if you really keep repeating it until either getting through to the Supreme Court or dying of old age.

    And I'd want enough money to be set up for life from the jurisdiction that was stupid enough to let their public officials have search warrants when there was still reasonable doubt as to innocence.

    Good luck with that too. It's up to the jury to decide whether or not there's "reasonable doubt as to [your] innocence". Are you suggesting that we re-work our system so that the police can only collect evidence after conviction?

    --
    He's getting rather old, but he's a good mouse.
  40. Basic Legal Misconceptions re: Patents by Arguendo · · Score: 2, Insightful

    IAAL - a patent lawyer to be precise. Here's what I would love all jurors and engineers to know.

    (1) A patent case is almost never about stealing someone else's technology. Most lay people don't understand this and think that if you've been accused of patent infringement it's because you stole their technology. (Note that the other side will still accuse you of stealing their technology.)

    (2) Patent cases are civil cases and must be proven only by a preponderance of the evidence. This is not the "beyond a reasonable doubt standard" we hear about more often.

    (3) Invalidity must be proven by a higher standard - clear and convincing evidence - because there is a (largely unjustified) presumption that the Patent Office got it right.

    (4) The *claims* of a patent (those numbered paragraphs at the end) define the invention, not the stuff that comes before it. Just because the patent describes a particular device doesn't mean they are limited to that device. Read the claims. (There are naturally some subtleties here.)

    (5) Major patent cases that involve fundamental technologies are like death penalty cases for companies because, if they are found to infringe a valid patent, the Court can order them to stop (called an injunction). This could naturally wreck your business. So even if you are 90% sure (which is an absurdly high confidence level) that you will not infringe or will invalidate a patent, it might still be completely rational to settle. By way of example, if I told you there was a 90% chance that you will cross a street and not get hit by a bus, would that inspire confidence? What if you had to cross the street 10 times a year? It doesn't mean you thought the patentee had a good case.

    Anyways, there are a lot of these. This is a great idea.

  41. Re:Wow! Who ever would have guessed that!? by Maxo-Texas · · Score: 2, Interesting

    And there is a problem that reasonable people can be convinced by a good lawyer to think an I.P. address is equivalent to a fingerprint and a DNA sample combined when in reality, anyone can take on my I.P. address.

    Likewise, the presence of a file called "Sympathy For The Devil.mp3" does not mean that I actually have the song. And likewise, the presence of the song on my computer doesn't mean that I put it there (give me 2 minutes access to your windows computer and I can put stuff on there that would ruin your life-- especially with the new ruling that a cartoon of bart simpson screwing marge simpson is child porn).

    People are really ignorant of computers. Computers, and now photographs, and increasingly, video tapes, and just about any kind of evidence can be fabricated. It's amazing to me that they can put Oliver Reed's face on another actor in a movie, yet people still take a video tape as gospel.

    It's hard to believe anything any more since DNA tests have shown how often human witnesses are wrong.

    It's a good reason for jury nullification (which you should never admit you will do- they'll just strike you- killing your right to jury nullification).

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  42. Sure, You've Discredited Ohm, But... by cmholm · · Score: 3, Interesting

    So, let's assume you've discredited Ohm to some degree. But, is that degree relevant? The general points you've made to do so have some merit. However, Mr. Ohm is probably a lot closer to having the pulse of the US legal community that you or I. Therefore, even if he's done work for the RIAA, Exxon/Mobil, Altria, SCO, *and* Lord Cheney himself, his legal insights are going to carry more weight than ours. Why? Because he (probably) has much more extensive experience in how DAs, courts, and Federal/State/Local law enforcement work than we do.

    Hell, even a law professor at Liberty University - of all places - has a leg up on 99.007% of the citizens when it comes time to decide: 1) am I about to step into the kimchee, and 2) if I do, what my odds are of keeping my okole and my assets out of harms way.

    --
    Luke, help me take this mask off ... Just for once, let me butterfly kiss you with my own eyes.
  43. Re:Totally off topic now but what the hell by digitig · · Score: 4, Funny

    Two of the Roman Catholic priests in the town I used to live in were Father John Lennon and Father Michael Jackson. To their credit, they never did put on the seemingly inevetable and ultimately disappointing fundraising concert double-bill.

    --
    Quidnam Latine loqui modo coepi?
  44. Re:Wow! Who ever would have guessed that!? by R2.0 · · Score: 3, Insightful

    "Likewise, the presence of a file called "Sympathy For The Devil.mp3" does not mean that I actually have the song. And likewise, the presence of the song on my computer doesn't mean that I put it there (give me 2 minutes access to your windows computer and I can put stuff on there that would ruin your life-- especially with the new ruling that a cartoon of bart simpson screwing marge simpson is child porn)."

    While what you say is consistent with the rules of formal logic, that really doesn't matter. The question is, is it reasonable to believe that someone else put that file on your computer, or that a file named "Sympathy For The Devil.mp3" is not the Rolling Stone song. At first glance, I'd say that those assertions are not reasonable. Therefore, your defense will need to show that they are reasonable explanations, by providing evidence that there was an intrusion or that you have a time stamped copy of the file that has something other than that particular song.

    You are proving the article author's point - geeks tend to focus on the problem as if it was a formal logic problem, when it is much more.

    --
    "As God is my witness, I thought turkeys could fly." A. Carlson
  45. XKCD by Rei · · Score: 5, Funny

    As always, XKCD has already covered this. ;)

    --
    And I'd like to be the king of all Londinium and wear a shiny hat.
    1. Re:XKCD by DrgnDancer · · Score: 2, Funny

      It's a really big wrench

      --
      I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
  46. Re:Wow! Who ever would have guessed that!? by Sj0 · · Score: 3, Funny

    PROTIP: Memorizing Latin phrases doesn't actually mean you didn't manage to completely miss the point of the post by quoting the example of his point, then reiterating the point he was trying to make.

    --
    It's been a long time.
  47. Re:Wow! Who ever would have guessed that!? by russotto · · Score: 3, Insightful

    The question is, is it reasonable to believe that someone else put that file on your computer, or that a file named "Sympathy For The Devil.mp3" is not the Rolling Stone song. At first glance, I'd say that those assertions are not reasonable.

    So it's not reasonable to believe that "Sympathy For The Devil.mp3" is an audiobook of Holly Lisle's novel by that name? The title enough, combined with the fame of the song, is sufficient to convict beyond reasonable doubt? That's harsh.

    All this persecutor in the YANAL blog is saying is that there ain't no justice, and it doesn't matter how much evidence there is, innocent or guilty they can fuck up your life. That's true, but it doesn't really take a lawyer to know it -- or a non-lawyer not to.

  48. Re:You fell victim to one of the classic blunders by russotto · · Score: 2, Funny

    Smart people make mistakes too. More often in areas where they lack expertise. Even though in an abstract way you know all these things, in practice, they elude many people who really ought to know better. Just ask Hans Reiser how well his cunning plan worked out in practice.

    Hans's plan:
    1) Kill wife
    2) Hide body where cops can't find it
    3) Throw up smokescreen in court
    4) Don't testify at trial in such a way that makes me look like a murdering loon.

    You'd have thought 1, 2 and 3 were the hard ones, but sometimes the simplest things trip you up...

  49. Re:Wow! Who ever would have guessed that!? by Sj0 · · Score: 2

    I'm not the grandparent, but I do process control for a living, which requires me to understand industrial processes. It's always shocking to me how ignorant people on slashdot can be about basic industry. I'd give specific examples, but we're talking "Not even wrong" sort of wrongness.

    One time, I was having a discussion about the environmental impact of cardboard manufacturing. This guy is sure that chlorine dioxide is a horrible side-effect of this industry. Cardboard is made out of unbleached kraft pulp, and thus no bleaching agents are used.

    Another time, I showed that the amount of renewable and nuclear energy on the planet isn't enough to support even a few critical industries, let alone do so and heat our homes or transport the raw goods to where they need to go. Someone actually tried to tell me that the photo-voltaic cell industry will double every year for 40 years, so we'll soon have more than the entire world electricity generating capacity just in PV cells. That's what I call "Not even wrong".

    Most slashdotters tend to have a poor understanding of electronics, as well. In a recent thread I explained a technique that's been used by tradesmen for decades to connect LEDs directly to a 120VAC source, and slashdotters came from far and wide to explain why the common practice was impossible and wouldn't work.

    Given slashdotters don't even know how to bias an LED with a resistor, I wouldn't be even remotely surprised to find they don't know about CPU design.

    --
    It's been a long time.
  50. Re:Absent ironclad proof by lgw · · Score: 2, Informative

    the Jurisdiction was stupid enough to let their public officials have search warrants with a presumption of innocence

    The only test for a search warrant is that there's enough evidence to justify collecting more evidence. Something fishy happening with "your" IP address certainly clears that bar: a reasonable person would conclude that the most likely explanation was that it was your computer, and therefore your computer should be searched for futher evidence.

    The police aren't supposed to wait for conclusive evidence of guilt before searching - how would that even work?

    If you want to sue the police for harassing you, it's up to you to prove that the police crossed the line, knowingly or as the result of gross negligence.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  51. Other series for geeks by TheSync · · Score: 2, Funny

    1) "You are not an economist"
    2) "You are not a political scientist or expert in public choice theory"
    3) "You are not a businessperson"
    4) "You are not a pick-up artist"

  52. Re:IANAL by DrgnDancer · · Score: 4, Insightful

    Pretty much, yes. I am unaware of any laws in Sweden that prevent you from having your stuff seized and searched and your reputation ruined if you are suspected of a crime (and they can gather enough evidence). This isn't an "the American Government are all Nazis" article it's a "Being investigated for a crimes sucks almost as much as being convicted" article. It's pretty much true anywhere. The Police in more "civilized" countries still search for evidence, they still arrest you before you are put on trial, and good attorneys still cost lots of money. The man's argument is undeniable. If the Police suspect you of a crime, they can make your life hard. If they can get enough evidence to search your premises, they can make your life VERY hard. If they can get enough evidence to arrest you, they can make your life MISERABLE. Even if you wind up getting acquitted, It will cost you time, reputation, and money. In Sweden, the United States, Canada, or the North Pole.

    --
    I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
  53. Re:Wow! Who ever would have guessed that!? by hjrnunes · · Score: 2, Interesting
    yeah well, I don't know how it works back where you live but where I live, the university is considered top in law teaching. I have plenty of friends that study law. I can tell you that they are as stupid and as clueless about everything as they could be, as opposed to engineering students that manage to actually learn something and develop their intelligence . I'm not saying that law students are stupid or dumb. I'm saying that if they are stupid and dumb, law studying won't make them any brighter.

    I reckon this is quite an unfounded statement but it's what I deal with on a daily basis... The thing is, I'm not happy at all with the idea that I'm going to be defended and tried by someone who can't grasp boolean logic basics and calls it "chinese" or "code". As of law being abstract, what about, say, the Command Processor design pattern for abstraction?

    Seriously, have you ever read their books? Their teacher's writings? I've never read US law school material, but around here? There are words in it I don't even think can be translated. There is no discussion. Teachers (they have to be addressed as Mr. Professor Doctor - literal translation) are complete masters of the student's fate. There is no scientific discussion. Enough rant though. Bottom line is: law is complicated because most people making laws and applying laws are perfectly ignorant of the most basic principles of logic and they don't have the slightest clue of what critical thinking and scientific method is. Combine the awareness of these principles with the internal know-how of how courts, investigations and police works and, there, you have a top lawyer. This works really easy for doctors too (M.D.'s)...

  54. Re:Wow! Who ever would have guessed that!? by identity0 · · Score: 2, Insightful

    Then you made a error in phrasing the question. If you as someone "what is the definition of [insert acronym here]", the common response would be to give the words making up the acronym. Don't be a douche trying to look clever by pretending to ask for one type of answer when you want another.

    "What's six plus six?"
    "twelve"
    "No, it's an arithmetic problem"