Using Fourth-Party Data Brokers To Bypass the Fourth Amendment
An anonymous reader writes "Coming out of Columbia Law School is an article about commercial data brokers and their ability to provide information about individuals to the US government despite Fourth Amendment or statutory protections (abstract, full PDF at Download link). Quoting: 'The Supreme Court has held that the Fourth Amendment does not protect information that has been voluntarily disclosed to a third-party or obtained by means of a private search. Congress reacted to these holdings by creating a patchwork of statutes designed to prevent the government's direct and unfettered access to documents stored with third-parties; thus, the government's access is fettered by various statutory requirements, including, in many cases, notice of the disclosure. Despite these protections, however, third-parties are not restricted from passing the same data to other private companies (fourth-parties), and after the events of September 11, 2001, the government, believing that it needed a greater scope of surveillance, turned to the fourth-parties to access the personal information it could not acquire on its own. As a consequence, the fourth-parties, unrestricted by Fourth Amendment or statutory concerns, delivered — and continue to deliver — personal data en masse to the government.'"
Loopholes. Always loopholes.
Dave Barnes 9 breweries within walking distance of my house
It's our government, and if it's screwing us it's basically us screwing ourselves.
Non-sequitur and off-topic, has there ever been a media anti-trust action in history?
Cool! Amazing Toys.
This is something that has had me puzzled for quite a while now. Why does the US have this fetish with keeping the government out of their private lives, yet allow corporations free reign to use, misuse, misplace and basically be asses with the same information?
In e.g. Norway all sectors are under the same law, this including corporate, governmental and academic uses. Obviously certain organizations are allowed to store more information than others.
- These characters were randomly selected.
This demonstrates a remarkable failure to understand the article.
The SCOTUS ruled that Fourth Amendment protection against illegal searches and seizures doesn't extend to where you voluntarily disclosed the information to a third party. In response to these rulings, Congress passed a statute to prevent the government from overreaching. It appears to have a loophole, and I'm sure in time Congress will fix it.
It's going to be concerned about stuff like this, but making unsubstantiated complaints about veiled illegitimacy is completely counterproductive.
Most of the Americans who want the government to stay out of their private lives would also like corporations to stay out of their private lives.
In general, we can usually manage to get laws passed limiting the extent to which corporations can abuse our private information, but apparently there's no real way to get the government to pass a law that limits themselves....
"I do not agree with what you say, but I will defend to the death your right to say it"
When 'free' web services which are obviously tremendously expensive to maintain and which feature only a token handful of banner ads. . .
I don't know the economics of Facebook and Yahoo and Google, but it certainly seems that there would be a TON of money available for the kind of information they pull in. Do corporations actively resist selling a constantly renewable resource they specifically crafted their web sites and web applications to generate? I have no trouble believing that Facebook is selling everything they glean about you to the highest bidder. It's Google that I find myself wondering about; their "Don't Be Evil" thing is so effective that even I have the slogan burned into my mind.
But do those Google ads REALLY pay for entire data centers and dedicated trunks and hundreds of miles of fiber optics?
Really?
-FL
I am not a Lawyer, but wouldn't this make those agencies contracted to do this by the Government de facto Agents of the Government, and therefore any materials obtained by them in violation of the 4th Amendment poisoned?
Also, wouldn't a judge have to throw out such evidence as its method of gathering is a clear end-run around the Constitution?
Edward@Tomato - /home/Edward/ man woman
man: no entry for woman in the manual.
"Qua!?"
At the most basic, it is a difference between voluntarily sharing the information versus involuntarily having it collected.
Corporations compile the information about your purchases and such in order to persuade you to purchase their products.
Governments compile the information about you in order to limit your freedom.
All that 'discount' is really you signing over your life to a set of private databases. ;)
The US gov also buys the same info in bulk.
Then you have the shadow security and marketing sub set that feeds the US gov a stream of top quality filtered info on US suburbia ie You the US slashdot reader.
The terror watch list will never go down and they will milk it for their investors and shareholders for generations.
Lists are just a small part of a huge cash river of your tax $ paying to keep a few 1000 of you safe from.
Note how the deals, tv games and send in for a discount forms all want your email now to
Domestic spying is now "Benign Information Gathering"
Isn't a fourth-party just another third-party?
There is no such thing as fourth party.
Third party is used to define a party not directly involved. A third party to a third party is still a third party.
Corporations write laws in the US. If a left leaning type starts getting ideas, his or her 'aid' will pull them back in line as they worked for or want to work for the area their boss is to be watching, regulating.
Do you expect to get a great job if your boss was screaming about public health care, land mines, lead, mercenaries having fun with children, drugs and the CIA, water quality ect.
All that is taboo in the USA.
If the advisor fails, the left or right swaps out the right or left with a more corporation friendly person and team.
A man or woman who knows who pays for their lifestyle, elections and a few naughty extras.
If its a mess and mid term, just blackmail or force a recall. Fox will get the "left" trouble maker, the liberal blogosphere the right.
If they are clean, work on the family tree or get someone close to them to make them fail.
Domestic spying is now "Benign Information Gathering"
We're not like that because it is cold in Norway and it would be costly and hard to make the move.
Just please don't claim we have WMDs before invading to bring us the Democracy you think we deserve... we know we have em.
----
Don't you wish we could get the best things from the top governments and establish that? I sure do. Hell, I bet most of our politician's on a personal level would appreciate it as well. The problem is that those changes are not in line with corrupt political processes that directly influence our every word in politics.
Wtf is a revolution? The facade of a fresh start, only to be subverted by the exploits of man in a system bidding *money* as a prize, pitting us against each other in competition for survival... We've done that once, and over 200 years later we're finding out its the same turd with the same peanuts.... it just looked liked it flushed down for a little while.
If we don't see the problem as a result of true causes, our cultures, our ethics, our ideas (such as money), then we won't ever really fix it. If you've read this and you can't imagine a functional world without money, you're not trying, or able, and your simple brainwash will always be a roadblock to progress.
"Why does the US have this fetish with keeping the government out of their private lives, yet allow corporations free reign to use, misuse, misplace and basically be asses with the same information?" Because corporations cannot use (misuse) said information to jail people.
They'll have nothing that isn't available to anyone who would spend the time to go to the courthouse and look up the legal documents.
So yes, the information that LexisNexis has about me is voluntarily provided EXCEPT in the cases where the disclosure was mandated by law (legal records).
The same literal minded thought that insults the intelligence of the legal system by playing technical games with clear intent to violate the law, allows 3rd/4th/5th party circumvention. This same literal thinking allows corporations exemption from all laws imposed upon government.
In the USA corporations are thought to be separate entities and given ridiculous levels of power (which hasn't always been the case.) The truth is that corporations ARE government entities whose entire existence and basic operation depend upon government. Simply because a kind of government created organization is "independently" managed does not mean it is not a government entity. Therefore, corporations fall under the classification as government unless specifically specified otherwise (or there may be a blanket law which may exist, I don't know. If it does exist, then the government clearly agreed with this logic.)
People get upset when government exempts itself from the laws and creates excuses for doing so. But if they can create a generalized hack that is less obvious... By empowering a 3rd party they pay... individuals being more difficult to use & scale; the corporation is perfectly suited to this task.
Democracy Now! - uncensored, anti-establishment news
Wow, you managed to keep from sounding like a complete nutter right up until your last paragraph.
Violence is like duct tape. If it doesn't solve the problem, you didn't use enough.
I personally trust the government far more than I trust corporations. The government isn't a for-profit organization. Corporations are. Therein lies the difference. I truly wish that the government would regulate corporations far more, especially how corporations manage information on people.
I don't like Linux. This doesn't make me a troll.
That's funny. Our predecessors lived without money. Birds live without it. Mice. Rats. Bacteria.
Sometimes we find intraspecies competition in nature, but often we find intraspecies cooperation.
Given models of similar organisms to us, we have observed competition for mates, but not competition for survival among the same species. And so not only can I imagine a world without money, a world of cooperation and completely varied culture (not nature.. don't blame nature unless you've got facts on this one); but I can also postulate that the competition for survival within our species may likely be caused by the existence of money.
In nature vs nurture, nurture goes a long frikkin way with humans. I observed a flock of birds in a huge V today. I noticed how every bird knew to immediately repeat the bird ahead of itself, and so they moved in a very short-time delayed unison. You could see the wave of reaction move from front to rear. I couldn't help but think about how we've developed a culture of individualism and self interest; that we could never get 100+ humans together and have them all cascade each others actions for a greater good... not with our current beliefs and trainings from our culture. It doesn't help that some people are so firmly washed with it that they cannot imagine a world outside of the box they were assembled in.
Don't worry, both major political parties will do the same thing to correct this injustice! And both will blame the other party, while doing nothing about it.
We're not like that because it is cold in Norway and it would be costly and hard to make the move.
Just please don't claim we have WMDs before invading to bring us the Democracy you think we deserve... we know we have em.
Lutefisk _is_ considered a biological weapon outside of Norway, you know.
So, would you like to be the 52nd state (after Canada, of course - they have dibs), or a territory like Puerto Rico? If you choose to become a state, you get free flags. If you choose to be a territory, you get less hassle, but no flags. A difficult choice, I know, so take your time.
The US is a corpratocracy. Signing your life over to your corporate overlords is so ingrained in the culture that nobody even thinks about it anymore. We only have a federal government so that we can keep up appearances.
I don't see how they can just radically redefine a word that is a common use with a generally well understood meaning. If this becomes the "real" definition than that would seem to make just about every NDA and non-compete (among other things) written to date worthless.
Here in the USA most of us have been duped into thinking that the Government and Large corporations are at odds with each other. Instead of realizing that each represent a consolidation of power, and pose similar threats (and more often than not work together). We spend so much time divided and arguing about who represents "evil" ( the Govt or the Corporations) that they both pretty much get to do whatever the hell they want.
Dmitry Sklyarov might disagree.
The government is, effectively, the enforcement arm for corporate power (and all other sorts of private power).
Tom Swiss | the infamous tms | my blog
You cannot wash away blood with blood
but if you believe that, then the phone book, and all data in it is copywritten. It's a "good thing" that data itself can not be copywritten. If that weren't the case, then all information would be copywritten.
It's not actually free unless EVERYONE has access to it. If my personal information is being SOLD that seems to indicate it's not very free. And furthermore, I suspect that the Govt and The Corporations involved are working very hard to keep much of their personal information from escaping and becoming free.
Good point. The issue should be that corporations should not have more rights than our government or its citizens. Then again, shareholders and their lobbyists are not necessarily American. Maybe this is how unemployment can go up to 10% in the same year that the stock market gains 20% . Corporate interests no longer serve the citizens, perhaps.
Because corporations cannot use (misuse) said information to jail people.
In the US we also have longer prison terms than any of the EU countries, with the possible exception of the UK, for similar crimes. This is mostly due to decades of "get tough on crime" initiatives commonly introduced by politicians to score political points with ignorant and misinformed constituents. Additionally, there are many more "mandatory minimum" sentences for crimes committed here in the US which tie the hands of judges and require harsh punishments; even for non-violent or first time offenders. Finally, a felony conviction in the US these days is like a modern day "scarlet letter"; almost certainly punishing those convicted even after a sentence has been served with lower income, job discrimination, and social ostracization (i.e. no more forgiveness or second chances). So perhaps now the GP can understand why some of us (the ones who can still think for ourselves anyway) are so concerned about an overreaching and powerful government that doesn't respect privacy and pokes around in people's private affairs.
Because corporations cannot use (misuse) said information to jail people, yet.
There fixed that for you
-- Sig under construction...
.... or so the theory goes.
Money is the root of all evil?
I know it's in my sig but I'd like to hear your well thought out rebuttal to this. Then you might be taken seriously.
Money is the root of all evil?
And statists always forget that the easiest and fastest way to change a corporation is to stop giving it money, which is not possible with the government. It's for this reason that it takes tens of years to change the government, but corporations can be made, broke, and resurrected in better forms in tens of months. The government doesn't have any interest in being good because it's survival based less on being good and more on being unobservable.
Money is the root of all evil?
There was a case about phone book copyright. can't be asked to look it up now, and I don't know the result, but hey, it's three in the morning and theres half a bottle of whiskey left over from last night next to me.
Feist v. Rural, US Supreme court 1991, telephone companies do not have a copyright on telephone listings.
Copyright covers creativity, not the mere act of collecting existing information.
However, there are things they could do to make their listings as a whole come under copyright : things like adding 'creative' fake entries, inserting jokes, or various other bits of miscellany in the pages of the directory, that involve a creative process.
But the actual information, as in real names, and phone numbers, is not copyrightable.
It was the whole point of the Database directive in Europe.
Additional protections/restrictions on the use of databases.
Databases aren't subject to copyright, so some big companies felt they needed a law to allow them to restrict use of their publicly accessible databases in ways they couldn't otherwise
However the US government will gladly pass laws that expand its limits and/or size. It all comes down to the government being corrupt in many areas, down to specific members of Congress. Corporations can lobby Congressmen easier and more effectively than individual citizens. Congressmen will listen to the corporations more than the citizens who voted them into office.
this nation, under God, shall have a new birth of freedom. -- Lincoln, Gettysburg Address
"A small body of determined spirits fired by an unquenchable faith in their mission can be taken without warrants, have their property seized, be securely imprisoned, not be given access to lawyers, or even a phone call, get waterboarded, give up all their co-conspirators, and disappear forever." --fyngyrz
I've fallen off your lawn, and I can't get up.
Maybe the loophole has been the creation of a new business category: I knew that there are two parties in a contract and everybody else is a third party. I learnt about fourth parties a couple of minutes ago. It could be that I'm ignorant but I can't help thinking that they've been playing with words to work around rules. They should have changed them instead.
The term fourth party doesn't seem widespread: it's about 1/1000th less frequent than "third party" according to google search. Its use seems related to politics (four party systems) and logistics. By the way this ./ article made the first page of http://www.google.com/search?q=%22fourth+party%22
The USA doesn't really have privacy laws. Canada and a few other countries do. That is why it is always an argument in the USA - their laws are weak on privacy.
Excuse me, but please get off my Pennisetum Clandestinum, eh!
The UK has the Data Protection Act to prevent this kind of thing. Companies storing personal data must officially register, and must not share the data without the person concerned giving permission. You have the right to see a copy of any data held about you on payment of a small fee (to cover administrative costs). The law even prevents govenment departments from sharing data.
However, a recent amendment was passed that allows a minister (the Home Secretary I believe) to grant exemptions to this, and to compel disclosure from third parties - this was under the pretense of counter terrorism, but no safeguards were built into the procedures, so the exemptions could be used for political purposes.
The assumption is that people spend time producing things they don't need and use money as a tool to facilitate the exchange of that time with the time someone else spends producing the things they need. Example: I write sw that I don't need but I need food somebody else produces. If you remove the causes for this assumption is currently true you remove the need for money.
There are some parts of this world were there is little need for money, basically everywhere people produce or collect from the surrounding environment nearly everything they need but that's impossible in areas with more than very small population densities. The kind of organization we need in a world with urban-like population densities requires either money or that a lot of people volunteer to spend time doing unpleasant activities, something that I feel difficult to believe.
There are some sci-fi books with automatic factories that create for free all the stuff people wish but that will be just sci-fi for a long time. Furthermore human nature and physics plays against it. Example: a lot of people might want a house at the sea front of tropical islands but space there is a finite resource. Who gets those house?
Actually, I think it is the other way around. Corporations pretty much run the government and they prevent laws that would restrict their access to information. Corporations collect lots more personal information and use it with limited disclosure for all kinds of reasons that the government is prohibited from doing.
Indeed, the whole point of this article is that corporations have information that the government is prohibited from collecting so the government is trying to do an end run around these laws to get at the information that corporations have but it is currently prevented from collecting.
We would be much better off with stronger laws that prevent corporations from collecting this information. I personally am offended that corporations can collect financial and medical information on me and sell it to anyone who is willing to pay the price.
I don't read your sig. Why are you reading mine?
No....
You got the Privacy Act of 1974 which limits only _GOVERNMENT_ use of personal information. In 2006 several laws were attempted passed, but got rejected cause they would increase the cost of startup companies doing business.
WTF is that? Is not the cost to society worth mentioning? The cost to the 700k people every year in the US that has their identity stolen not a part of the equation... When the control of corporate America is so lax that CC companies don't even bother to check if the SSN matches the name on the application?
- These characters were randomly selected.
So in a nutshell, you and I couldn't have this conversation (if you call it that) in a world without money because it would be incapable of producing all of the technology that makes it happen?
I took some liberties. Am I putting words in your mouth?
Money is the root of all evil?
I see your point but I think your conclusion doesn't take into account that people like to invent new things and that there will always be leaders to motivate other people to help them researching and building new stuff. So progress won't end if we had sci-fi all-you-can-wish factories but people that just want to eat, drink and get tan will be able to bore themselves to death. IMHO that's better than forcing them to work all day just to stay alive.
Yeah, FISA never happened.
Xavier Rabourdin for president 2012
You understood me backwards. I am speaking from the US.
Before barter there was cooperative existence.
I am unique in that so many anonymous cowards like yourself (trolling and hiding behind anonymity) are so wrapped up in a simple line of thought that you'd rather watch Ouch My Balls than make an effort to actually apply your brain and knowledge to something as useful as brainstorming.
Later coward. Reply with a handle or get ignored.
america, the country of freedoms, boo boo left, left is no freedom etc etc in the china porn crackdown thread by the right wing nutjobs.
i see, america is a right wing country, where you are 'free' and you are 'private'. yet, apparently those privacy and freedom are all in the hands of private corporations, instead of state it seems.
if i would have to make a choice, i would rather have my freedoms in the hand of the state, instead of some fucking private party. at least, i have a legal claim to the state, whereas, i dont have shit of a claim against a private party.
Read radical news here
It's because we suffer under the delusion that corporations cannot be part of the amorphous entity known as government.
Any sufficiently advanced influence is indistinguishable from control.
I will first tell you that Ayn Rand is an effective and influential philosopher, but most of what she claims is flawed in that it is based off assumptions that are not universally rational.
Lets begin. The beginning of the article makes clear where the whole basis of the argument fails, which will likely be reiterated as I analyze the rest of her arguments based on these assumptions.
"Money is not the tool of the moochers, who claim your product by tears, or of the looters, who take it from you by force. Money is made possible only by the men who produce."
I will tell you it fails because it:
1) Assumes that a human culture (not our current one, but ALL POSSIBLE cultures) *must* regard fellow peoples as moochers.
2) Assumes that man will absolutely and always loot, or take by force.
These assumptions she makes are unfounded. I cannot prove that there absolutely *can* be a theoretical culture (though it has been observed in some small isolated communities). But she has done nothing to prove that man absolutely IS the way she assumes. Her assumption is a product of post-facto observation of our current culture, but does not give reason to know for sure that it is absolute.
---
next flaw.
"When you accept money in payment for your effort, you do so only on the conviction that you will exchange it for the product of the effort of others. "
In this, Rand assumes that there is no charity, or that I would not receive an equity of my effort and simply pass that benefit/equity to my peers. Charity is observed all over the place, so even in our current culture she is flawed in this. And beyond that, the sheer statement she makes precludes that a person would absolutely and always receive money for their effort.
Since this is long, I will simply tear apart the paragraphs.
3rd paragraph: She assumes that all goods and wealth (which is being used in place of money, but we know is NOT money) are products of man's intelligence. An apple is not produced by man. water is not produced by man. They are present and exist in our natural world, they are goods, and they have a value (which is much more akin to wealth than 'money' is).
4th paragraph: In this paragraph Rand assumes that she can define honesty, or that her definition of honesty is absolute. This is not true nor proven. She has not shown us anything to prove that our cultures *require* an understanding of honesty in the definition she makes. Simply because I exist and I can disagree, I prove her wrong. I would say an honest man is one who does not lie, but being my fellow man I would love to give more than he may give back for a greater good of my species and planet. Ayn Rand cannot be right because I exist with my own belief to prove her assumptions of all people to be wrong.
5th paragraph: This paragraph assumes, again, that charity does not exist or that all possible human cultures MUST be in competition or at least some state of quid pro quo. Her assumptions are based on her observation of our current culture, but speak in ways that would serve to describe all universally possible cultures. No facts prove this.
6th paragraph: Again, assumes that money must always exist, that cultures cannot do work without feeling need for compensation.
7th paragraph: The first sentence is observably true. Money does no necessarily buy happiness; though it is evident that money can buy happiness for some.
---
I could go on picking the rest of this to pieces but it's pretty well destroyed by now in that I've made it very clear that she makes several assumptions that are by no means absolute and are not rationally founded.
I hope you take me seriously when I say that is is possible to change our cultures, our ways as people, our beliefs, our methods and interactions, our values. I hope you take me seriously when I urge you to brainstorm and imagine yourself in a culture that operates in these differences; to not even try is merely a personal wall of resistance to maintain
Hmm? Oh, no... I've given it quite a little bit of thought and decided you're taking a position that is at best ignorant and at worst utterly vile and reprehensible.
I'm fairly certain you don't even understand what money is and absolutely certain that you haven't thought through all the ramifications of this fruitloop idea.
Violence is like duct tape. If it doesn't solve the problem, you didn't use enough.
Kind of bit yourself in the ass with that particular response. Just made yourself look like a Rand nutter flaming a Roddenberry nutter.
Before barter there was cooperative existence.
Yes. Grog "cooperated" with Cronk by graciously having his head crushed in so that Cronk could avail himself of Grog's fresh brontosaurus burgers.
You are assuming, as many do, that "government" is synonymous with "federal government".
We also have State governments around here, which are quite capable of passing laws on their own.
I note that I received in the mail this morning a card "amending" my customer agreement with AT&T. Which included a line to the effect "this modification doesn't apply if it runs counter to State laws where you live". And another line "this doesn't apply at all if you live in California". One of the nicer things about California is its very strong consumer protection laws....
"I do not agree with what you say, but I will defend to the death your right to say it"
You make it too complicated... the very few clean ones are simply too few to worry about. Power does corrupt.
"I will trust Google to 'do no evil' until the founders no longer run it." Hello Alphabet.
>I observed a flock of birds in a huge V today. I noticed how every bird knew to immediately repeat the bird ahead of itself, and so they moved in a very short-time delayed unison. You could see the wave of reaction move from front to rear. I couldn't help but think about how we've developed a culture of individualism and self interest; that we could never get 100+ humans together and have them all cascade each others actions for a greater good
Have you never been to a big city? If so, did you notice all of those really tall buildings? How many people do you think it takes to create each of those? What do you think motivates those people to spend their time working in such a dangerous place?
-- Give me ambiguity or give me something else!
GENERAL STRIKE!
This is exactly the avenue the Feds took to get a ad-hoc National ID in place. Using financial incentives, the fed govt has basically bribed the states into having the same set of required elements and data contained on each state's drivers license. Almost all of the states (a few refused the money - I don't recall which ones) are also using the same contractor to house and maintain the database. The fed govt gets indirect access to this database via the same contractor using symantec's like "we don't have access to the data", yet they have contractors who can "provide reports from this data".
Don't believe me? Go look up the requirements for allowing a state drivers license to be used as a passport for driving across the border.
Wow. You put your name up, coming out of hiding. But you're just as worthless and pointless. At least we now know who is watching Ouch My Balls.
Later, troll. Your assumptions and perspective are far too shallow and simple to have a real discussion about anything other than status quo.
How about them niners?
Money motivated them; and because our culture pits us against each other in unnecessary competition for survival with money in the middle of the ring.
And I'm pretty sure your understanding of money is about as limited as your capacity to think outside of the box you were built inside.
Your sig further iterates how simple and worthless you are in any sense of conceptual thinking.
You're just a roadblock. I have to wait for people like you to die before anything can really change. The only facts that limit progress are shallow fundamentalist ignorami like yourself.
Lets test your idiocy... Why is it that you don't owe your parents money for raising you and providing for you? How is that possible, given your shallow assumptions of how people can *only* exist?
Why don't you think about that for a second... Don't bother writing me back because everything you've said (including your sig) tells me you'll do nothing more than stare at the inside of your box and rattle some chains to feel good about your world view.
Bye.
Corporations As Persons:
What you have to realize within these illegal transactions - bypassing the Constitution - is that you are dealing with immortals [insert vampire analogy] - these companies have that supreme advantage over all of us, putting us in a lesser category, of well, serf, basically.
Once you understand this you know where you really stand and why this "person-hood for corporations" must come to an end. Within this "law" companies are representing us [de facto] which is rediculous.
~hylas
Because the corporations buy the laws.
---- Booth was a patriot ----
Nope, I'm not the AC you responded to, just someone else who took exception to your childishly naive delusions of human nature.
Your response to me, however, outs your true nature and belies the silliness you were spouting. Well done.
Human 'nature'? Give me some scientific references.
I hope you're not simply echoing something you've assumed or been told is natural. Give me some facts.
I would, but as I already said, you've outed yourself in your flame response to me. It's not worth the time, since I have no reason to believe you're not unwilling or unable to be educated.
So I choose to allow you to continue to revel in your delusions that "before barter" (as laughable as that time frame is, in and of itself) the whole human race was one big unicorn-fart-sniffing hippie commune.
And I realize that consequently, you will also go on thinking that you stumped me and "won" something here. That doesn't worry me, either, because people like you aren't that important to me.
If you believe that there is no such thing as human nature, you have quite a bit to learn. From our innate ability to form languages, to our universal preference to find symmetric facial features beautiful, there are countless examples of attributes that apply to all of us. Money may be a human invention, but even monkeys will trade food for sex. We cannot choose to be other than what our nature makes us, any more than we can choose to have 8 limbs.
-- Give me ambiguity or give me something else!
Nice cop out. I just asked you to educate me, but now you won't.
My guess is that you have no evidence and that I am right about your echo/assumption.
I got a feeling your mom cheated on your dad. Ask me for evidence.. do it... I'll tell you to fuck off and cop out just like your coward irrational ass is.
Stupid shallow idiot fucks preaching fundamentalist ideas with no facts to back it. Nothing new in this world. Its almost funny to watch idiots like you fight each other, none having a foot in the world of fact.
Fuck off.
I didn't say anything about the absolute absence of human nature. What I said was that our current culture is by no means proven a result of absolute human nature. It may have arisen from older indigenous and ignorant peoples and was developed/cultured into our every inch of existence, but that does not conclude that because it is such that it must always be such.
I'm arguing with a man with a simple mind, that is all. He cannot imagine a world outside of the one he is in, and claims the one he is in is the only way possible as deemed by human nature (but not giving me any evidence to prove it).
"And statists always forget that the easiest and fastest way to change a corporation is to stop giving it money, which is not possible with the government."
Utter crap. I can remake my state government easier than I can remake my utility provider. I can starve my state and counties of taxes via initiative (not a wise idea in my opinion but people are doing it). It's not possible with the utility (even if I disconnect from the utility, I am just trading one supplier for another). If you starve IBM, Intel or Walmart another corp will take their place and commit the same unpleasant acts.
If government sucks, it's because people want it to suck. People just don't want to take personal responsibility for it.
Ex post facto law is forbidden both the federal and state governments. Both have made such law and use it presently; two good examples are removing the right to carry firearms post-sentencing for felons, which increases their sentence exactly per the definition[3d], and registering sexual offenders post-sentencing, which does the same. The constitution says in article I, section 9: No Bill of Attainder or ex post facto Law shall be passed. That takes care of the feds. In Article I, section 10: No State shall ... pass any Bill of Attainder, ex post facto Law. That takes care of the states. That SCOTUS has attempted in "that depends on what you mean by 'is'" fashion to redefine punishment as only some of the content of judicially ordered consequences only serves to solidly implicate SCOTUS in the crime of constitutional violation, and in fact is exactly the type of Article III attempt to pursue article V goals I was mentioning previously. There is no constitutional authority for judges - at any level - to define, or redefine, what the constitution means. Article III does not provide for it, nor does article V reference article III by jot or tittle. Article three assigns SCOTUS to sit in judgment on constitutional law cases. Not to make or judge constitutional law itself. Obviously they have usurped this power, but READ the constitution: It is not given them, and therefore it is wholly unauthorized.
First amendment violations are everywhere. "Free speech zones." No speech within X distance of a funeral. Permits required for public meetings. The classic, and totally wrong, "no shouting fire in a theater" (we shout "fire" in schools... we call it a "fire drill" and there is no problem - and those are kids! We're all trained for it. Further, if someone trampled someone else, THAT is a crime and we have laws for it, thereby obviating ANY supposed social need for violating the 1st amendment in the trumped-up theater example.) Suppression of comic artwork that offends (and that's all it is, because there is certainly no "victim.") The FCC forbidding ANY significant citizen use of the broadcast bands, and handing them over tied with a neat bow to corporations. The bottom line here is that the 1st amendment reads: Congress shall make no law ... abridging the freedom of speech and so barring exercise of article V, no law such as the above is authorized. Consequently, these are all solid examples of unauthorized exercise of power, ie, government out of control.
2nd amendment violations are everywhere. The 2nd amendment reads: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. For those who cannot be bothered to do a little research, "well regulated" means "everyone should show up bearing a specific minimum number of bullets, arms and comparable ready equipment", not "subject to regulations." "Militia" means capable fellows of fighting age. Not "national guard" or "army." They're simply saying that in order that it may be possible to immediately gather useful fighting folk from the populace at any time, ready to go in a reasonably organized fashion on literally no more than hours notice, said fighting folk are going to need to be armed. Regardless, that phrase is not a directive to the government, it is explicatory, that is, simply shows some of the rationale they were using at the time. The operative phrase is the right of the people to keep and bear Arms, shall not be infringed. Well, that's pretty damned clear, isn't it? Are there laws that infringe on the rights
I've fallen off your lawn, and I can't get up.
I really don't know why I bother. Chalk it up to a slow news day but I'll go ahead and educate you.
For starters, keep track of who you're arguing with. I haven't stated anything besides my opinion that you're likely an idiot. Now on with the education.
Money is an abstraction of a person's time/effort/property's value to society at large or in part. Usually, though not always, it has very little value in and of itself and is instead used as a method of storing one's time/effort/property for later use or trade. It need not even exist physically, such as with electronic records banks keep. This is fine as it is an abstraction to begin with.
It's really very simple. If I put forth effort on something, say a bit of coding, I expect to be rewarded for said effort. If I decide to take a nap instead, I expect to get a nice nap as reward rather than pay or ownership of the code I wrote. If I decide to take a year's worth of naps I expect to be in serious trouble. This is as it should be. It is fair and just.
Being compensated as if I worked hard when I was taking a nap is absurd and would most assuredly lead to me taking more naps. On a global scale that would lead to an immediate and massive collapse of society as a whole.
Being forced to work rather than take a nap would be worse though. We call that slavery and it's fairly widely regarded as a very bad thing.
Now me, I also contribute some of the code I've written to society at large because I understand the economics of scarce goods vs infinite goods, because I see the value to myself in advancing society as a whole, and because I'm just that kind of nice guy.
Now on to my sig... I really don't care what you think of it. If you're too much of an imbecile to understand how a little green piece of paper being traded for goods or services works, it's probably too much to expect you to grasp the humor value of something being absurd and true at the same time.
If you're waiting for people like me to die, might I suggest holding your breath. We make up almost the entire population of the planet and that isn't likely to ever change. While you're waiting though, feel free to exchange goods and labor for your comforts rather than dealing with filthy money. It will even work slightly better on a personal scale than it would on a national or global scale. I'd say let us know how it works out but your ISP likely doesn't have far too much pot lying around that they need someone to smoke up for them, so you won't be talking with us again if you do.
In closing, take a bath, hippie.
Violence is like duct tape. If it doesn't solve the problem, you didn't use enough.
Thanks for further iterating my point with your shallow view and assumption of a one-way absolute existence. I understood money in the context to which you explained long before you felt you needed to explain it. And now I will show you why you fail, and my whole point this whole time which you missed for the product of your flaw.
Lets pick your point apart, piece by piece, and I may point out that you've provided no evidence to support any argument against my critical analysis of your opinion. I am open to be shown convincing evidence otherwise.
For starters, keep track of who you're arguing with. I haven't stated anything besides my opinion that you're likely an idiot. Now on with the education.
Note that you've stated that what I said was not possible, and that you also thought I was an idiot. You will see why your false assumption of the prior led you to the latter conclusion.
Money is an abstraction of a person's time/effort/property's value to society at large or in part. Usually, though not always, it has very little value in and of itself and is instead used as a method of storing one's time/effort/property for later use or trade. It need not even exist physically, such as with electronic records banks keep. This is fine as it is an abstraction to begin with.
Let me begin by pointing out that you are speaking of money, as a necessity, within our current culture. If you go read what I had written to you prior, you will notice I have always directed the changing of our culture in tandem with my hypothesis.
It's really very simple. If I put forth effort on something, say a bit of coding, I expect to be rewarded for said effort. If I decide to take a nap instead, I expect to get a nice nap as reward rather than pay or ownership of the code I wrote. If I decide to take a year's worth of naps I expect to be in serious trouble.
In this you even state your opinion is simple, and rightly so. You assume that YOUR expectations are the ONLY expectations. We're not talking about you, we're talking about potentials and other observable cultures. You assume that mankind, through your own present culture relative influenced desire, can ONLY exist in this way. You believe, without evidence to support such, that this is absolute, that no other possibility could exist. What you believe is akin to a child being raised in a community where women are always subservient, and thus having a limited view of what is possible, not only believing that women must be subservient, but that it is absolute and that it is the ONLY way. This is not true. Evidence to demonstrate your opinion is universal would be great here.
This is as it should be. It is fair and just.
How so? This is how it should be in your limited world view; your irrational assumption as to the definitive cultures of people. In our current culture most would agree it is fair and just, but that's not the point, which I think you might be either understanding by now or deliberately ignoring. Our current culture was never the topic of discussion and your opinion is by no means a universally applicable truth.
Being compensated as if I worked hard when I was taking a nap is absurd and would most assuredly lead to me taking more naps. On a global scale that would lead to an immediate and massive collapse of society as a whole.
It is absurd in our current culture, and in our current culture it may likely result in collapse, starvation, and death. But we were never talking about our current culture. I made it quite clear that we are talking about an alternative culture. The people of East Timor existed in a way much different than this. They are evident of an alternative culture that is not as you describe to be absolute, and their culture has been observed and recorded in recent history. As I said before, I think you might be now getting the point
How does it feel to be completely predictable?
You can suggest it. And in return, I suggest you learn what the constitution is: the authorizing document for the federal and state government, and all law that said government makes. It isn't law, then constitution. It's the other way around. When the government violates the constitution, it's not operating in an authorized manner. You can quote contrary law (and contrary judicial decisions) until you're blue in the face and you'll be completely wrong because your first principles are wrong.
I've fallen off your lawn, and I can't get up.
How does it feel to be completely predictable?
Exactly. I guessed that you would have no evidence and here you are with no evidence.
Good job on that one.
Lets predict that you may or may not come back with more smarmy dogshit but will not come back with any evidence. Again.
I read the first several posts, and am partially gratified to see that some of us actually are beginning to see that the whole schmear of government actions AGAINST us ought to finally be considered en-toto... as one big operation, albeit delivered in such small doses as not to cook the frog all at once. We need to quit looking at all these wee slap-in-the-face policies, and recognize the TOTAL effect they have on us about-to-be-annihilated Americans. George Orwell had it right... our govt has ALREADY usurped the people's power to govern themselves. How many things have come to pass during the past few (several? many? always?) years that you and I and a heluvalot of others have seen as harmful to our American way of life, ie, life, liberty, the pursuit of happiness (not to mention 'freedom'), and had to watch as these things became law, because there is n o t o n e d a m n t h i n g we could do about it? Today it comes out that OB's group has PASSED a new tax law requiring gun owners to register and pay taxes on all guns owned! (I doubt the senate even read the proposed law...) Sure we have an amendment that provides for the right to bear arms, ie OWN GUNS, but if the IRS can pass a (first) law to tax them, they can pass subsequent laws to tax the holy hell out of them, making them totally unaffordable! Sure, we have constitutional rights in this country, but just think how many of your rights have already been superceded by current law, 'protecting' us from such things as terrorists, and the most obvious group, OURSELVES! I said partially gratified... to really make me happy, I need to see someone come up with a plan that will brings things back under control of the people. Someone started the idea of the 28th amendment which forces congress to be a part of any law they enact, but ya know what chance THAT would have of even being introduced, let alone passed by congress! Yet the idea of the people LIMITING the powers of our govt is fundamental to America, so why would we NOT push this into law? And better yet, why would congress be opposed to such a thing? We're sinking fast, folks. Unless someone 'way smarter than I am gets up and starts running some viable ideas into the mainstream, we all need to lower our deductible and increase the cap on our med plans, 'cause a lot of us are going to have our arses cut off just below the belt before it's over! thanks fer lis'nin' seekertom