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Texas Poised To Pass Unprecedented Email Privacy Bill

An anonymous reader writes "A bill has reached the desk of Texas Governor Rick Perry that would give stronger privacy protections to email accounts than exist in any other state. If Perry signs it (or simply declines to veto it before June 16th), the legislation would force law enforcement agencies to obtain a warrant before reading somebody's email, even if the email has been sitting on the server for a long time. 'As we've noted many times before, there are no such provisions in federal law once the e-mail has been opened or if it has been sitting in an inbox, unopened, for 180 days. In March 2013, the Department of Justice acknowledged in a Congressional hearing that this distinction no longer makes sense and the DOJ would support revisions to ECPA.' This bill passed the state legislature unanimously. The article points out that the legislation won't protect from federal investigations, but it will set a precedent that the U.S. Congress will surely notice. An attorney with the EFF said, 'It's significant as proof that privacy reform is not only needed, but also politically-feasible with broad bipartisan support. And hopefully that will impact federal ECPA reform efforts by getting people on both of sides of the political aisle to work together to make meaningful electronic privacy reform a reality. The more states that pass similar legislation, the more pressure it will put on Congress to keep up with the changing legal landscape.'"

14 of 262 comments (clear)

  1. Re:Texas leads the way, again by ArcherB · · Score: 5, Informative

    I think that makes you #1 in (Citation Needed)'s

    You forgot #1 in refining, which would account for the vast majority of the issues you site (if true). Also, being such a big damn state, it doesn't surprise that Texas pollutes more than, say, Rhode Island. Do you like that plastic keyboard you are typing on? Odds are that the oil used to make it was in part either pumped from or refined in Texas. That makes you part of the problem. Stop using your keyboard, computer or anything else that uses plastic or anything else made from those evil, polluting fossil fuels or STFU.

    As for children in poverty and illiteracy, again, if true, it would be due to the large number of immigrants living in the state. For example, Hidalgo County, in far South Texas is number 1 for percentage of people on food stamps at 29%. By the way, that county has to share it's #1 status with the Bronx. Hidalgo County Texas can blame immigration from Mexico. What's the Bronx's excuse? (http://en.wikipedia.org/wiki/Hidalgo_County,_Texas)

      #1 in executions? Yeah, we are proud of that one.

    And again, with these and the others, (Citation Needed).

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  2. Re:Ted Cruz is Canadian by ArcherB · · Score: 3, Informative

    Ted Cruz was born in Canada, and therefore Constitutionally prohibited from running for President of the United States.

    He was born to two American citizens, making him a naturalized citizen of the United States. That's something that the "birthers" could never quite grasp. Even if Obama had been born in Kenya, it would not have kept him from being President as his mother was an American Citizen.

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  3. Re:Texas leads the way, again by Anonymous Coward · · Score: 5, Informative

    Education:
    Census: Texas High School Graduation Rate Worst in Nation:
    http://www.statemaster.com/graph/edu_hig_sch_dip_or_hig_by_per-high-school-diploma-higher-percentage

    Texas DOE: Texas Ranks 49th in Literacy, 49th in Verbal SATs, 46th in Math SATs
    http://www.window.state.tx.us/comptrol/wwstand/wws0512ed/

    Texas Teen Birth Rate Highest in Nation:
    http://www.statemaster.com/graph/hea_tee_bir_rat_per_100-birth-rate-per-1-000

    Poverty:
    Census: 17% of Texans Live Below the Poverty Level.
    http://www.statemaster.com/graph/eco_per_bel_pov_lev-economy-percent-below-poverty-level

    Dept of Labor: 9.5% of Texans Paid At or Below Minimum Wage - Nations Highest:
    http://www.bls.gov/ro6/fax/minwage_tx.htm

    Census: 22% of Texas Children Live Below the Poverty Level:
    http://www.statemaster.com/graph/eco_per_of_chi_bel_pov_lev-percent-children-below-poverty-level

    Texas 2nd in Nation for Bankruptcy Filings:
    http://www.statemaster.com/graph/eco_ban_fil-economy-bankruptcy-filings

    Census: Texas Ranks 47th in Percentage of Households with Retirement Income:
    http://www.statemaster.com/graph/eco_per_of_hou_wit_ret_inc-economy-percent-households-retirement-income

    EPI: Texas Ranks 2nd in Income Disparity
    http://www.epi.org/publications/entry/studies_pulling_apart_2006/

    Uninsured:

    Census: Texas leads the nation in uninsured people.
    http://www.statemaster.com/graph/hea_cha_in_num_uni-health-change-in-number-uninsured

    Texas Ranks Last in Overall Child Health Status
    http://www.statemaster.com/graph/hea_ove_chi_hea_sta-health-overall-child-status

    Texas is #2 in Suicides:
    http://www.statemaster.com/graph/hea_cha_in_num_uni-health-change-in-number-uninsured

    Dallas News: Texas Leads Nation In Child Abuse Deaths
    http://crimeblog.dallasnews.com/archives/2009/10/texas-leads-the-nation-in-chil.html

    Texas Executions:
    http://www.statemaster.com/graph/cri_cap_pun_tot_exe_sin_193-punishment-total-executions-since-1930

    Texas Incarcerations:
    http://www.statemaster.com/graph/cri_pri_und_the_jur_of_sta_or_fed_cor_aut-jurisdiction-state-federal-correctional-authorities

    Census: Texas Ranks 2nd in Uninsured Children:
    http://factfinder.census.gov/servlet/GRTTable?_bm=y&-geo_id=01000US&-_box_head_nbr=R2702&-ds_name=ACS_2009_1YR_G00_&-_lang=en&-redoLog=false&-format=US-30&-mt_name=ACS_2009_1YR_G00_R2701_US30&-CONTEXT=grt

    Census: 24% of Texans are Uninsured:
    http://factfinder.census.gov/servlet/GRTTable?_bm=y&-geo_id=01000US&-_box_head_nbr=R2701&-ds_name=ACS_2009_1YR_G00_&-_lang=en&-redoLog=false&-format=US-30&-mt_name=ACS_2009_1YR_G00_R2702_US30&-CONTEXT=grt

  4. Re:Texas leads the way, again by ArcherB · · Score: 4, Informative

    So take this one, singular victory. Have it, it's yours. You can feel righteous for a bit now -- you have a right to be upset. But I'm not going to lose sight over the many thousands of pages of fuckups from the last time you assclowns were in power -- Obama and Co. still have a loooooooooooooong way to go before they'll equal the level of incepid governance that his predecessors engaged in.

    Fast and Furious ring a bell? How about the lying to Congress that resulted from that. Executive Privilege to protect the President from having to divulge communications, that he said never existed just a week before?

    Oh, and say what you will about Bush, his administration never used the power of the IRS, the EPA, OSHA and the FBI to attack political opponents for no other reason than their politics.

    You know, until that happened, you'd just be a tin-foil hat wearer, without a shred of credibility to you. Actually, you still are. But thanks to the colossal mistake of a couple of people in the IRS

    You speak of credibility and then tell a lie. It has been proven that the IRS scandal goes well beyond just a "couple of people in the IRS". You should know this. If you don't, then you are completely ignorant of things you try so hard to sound knowledgeable about. If you do know this, then you are a liar and you blew whatever credibility you had in the very same sentence you claimed that I had none. Is that irony or projection?

    Tell me, what was Article II of the Nixon Articles of Impeachment?

    The Obama administration STILL calls the Ft. Hood shooting "Workplace Violence". This prevents the victims of that shooting from receiving Purple Heart benefits. These people are struggling to make ends meet while the US Army is still paying Nadal Hassan hundreds of thousands of dollars. Again, all Obama would have to do is say, "it was terrorism". Three words could change the lives of true American heroes who became the victims of terrorism. I guess you don't think that's very important either, do you? I guess that somehow makes me "a tin-foil hat wearer" for wanting the best for our soldiers. (Disclaimer, I was a soldier stationed at Ft. Hood)

    Seizing AP phone records to catch a leaker after they knew who the leak was? The AG saying under oath before Congress he knew nothing about any actions against anyone in the media AFTER signing the search warrant to secretly read a Fox News Reporters email, tap his phone and follow his movements? Oh, they also spied on his fricken PARENTS!!! He also claimed that Rosen had committed a crime in order to get the warrant and used tried three judges before one decided to sign the warrant. Oh, did I mention that Eric Holder signed the request for this warrant after claiming ignorance before Congress, UNDER OATH? Obama's response? He has asked Eric Holder to investigate.

    Benghazi ring a bell? Are you OK being lied to by the President? He did lie, you know. That's common knowledge. His administration lied more, from Hillary on down. And don't pull that "Bush lied" crap either. That's a fallacy of "Two wrongs make a right." If Bush were a murderer, would that make it OK for Obama to just be a rapist?

    80% of stimulus funds going to unions? Head of the treasury a tax cheat? Accepting campaign donations from Visa Gift Cards? Releasing Mitt Romney's tax records to liberal media outlets? Listing name of conservative donors on the web so they may be targeted? You're OK with all this or do you simply deny that any of it happened?

    You seem to think that there are no scandals in the Obama administration. You haven't been paying attention. I can't say I blame you as you really have had to search for them since no one in the press will report them with the exception of FoxNews, and I'm sure you don't watch FoxNews. Well, there's just a few to get you started. And don't worry. These investigations are just beginning and they will probably be reported by some media outlets. Th

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  5. Re:Texas leads the way, again by cold+fjord · · Score: 5, Informative

    No, it's terrible because they teach creationism as fact and ignore well accepted science. This is but one example.

    One example of pure BS? Is there any chance the lying nitwits will give it a rest any time soon?

    Chapter 112. Texas Essential Knowledge and Skills for Science - Subchapter C. High School

    (7) Science concepts. The student knows evolutionary theory is a scientific explanation for the unity and diversity of life. The student is expected to:

    (A) analyze and evaluate how evidence of common ancestry among groups is provided by the fossil record, biogeography, and homologies, including anatomical, molecular, and developmental;

    (B) analyze and evaluate scientific explanations concerning any data of sudden appearance, stasis, and sequential nature of groups in the fossil record;

    (C) analyze and evaluate how natural selection produces change in populations, not individuals;

    (D) analyze and evaluate how the elements of natural selection, including inherited variation, the potential of a population to produce more offspring than can survive, and a finite supply of environmental resources, result in differential reproductive success;

    (E) analyze and evaluate the relationship of natural selection to adaptation and to the development of diversity in and among species;

    (F) analyze and evaluate the effects of other evolutionary mechanisms, including genetic drift, gene flow, mutation, and recombination; and

    (G) analyze and evaluate scientific explanations concerning the complexity of the cell.

    --
    much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
  6. Re:Texas leads the way, again by laughingcoyote · · Score: 1, Informative

    No, they're not. They have that law on the books, and then they wink-wink-nudge-nudge when it gets widely broken. Even the governor admitted that they do, in reality, http://firstread.nbcnews.com/_news/2011/08/18/7407124-perry-to-child-on-creationism-vs-evolution-youre-smart-enough-to-figure-out-which-is-right.

    So yes, I'm concerned with what's happening in reality. Do you really think that regulation is getting consistently enforced, and teachers who violate it disciplined or fired, when even the governor is saying the direct opposite? Regulations and laws only mean anything if they are, in practice, enforced.

    --
    To fight the war on terror, stop being afraid.
  7. Re:Texas leads the way, again by subreality · · Score: 4, Informative

    Murder is the deliberate killing of another human being

    Murder is the crime of unlawfully killing a person [...].

    That it's legal has nothing to do with whether it is moral or ethical. You call it an execution, but the only difference between your 'execution' definition and the 'murder' definition is "We made it legal."

    Yes, that is exactly the difference between 'execution' and 'murder'. It is not murder because it is legal.

    Insisting on using the wrong word makes your argument confusing and deceptive.

  8. Re:Texas leads the way, again by cold+fjord · · Score: 4, Informative

    You know, until that happened, you'd just be a tin-foil hat wearer, without a shred of credibility to you. Actually, you still are. But thanks to the colossal mistake of a couple of people in the IRS and Obama's total and complete inability to deal with a scandal, that singular act has managed to make the tinfoil hat crowd look more credible than the government.

    Well, you know what, okay. Out of the thousands of times Obama and the "rabid liberals" have gotten it right, after six years of constant, sustained, unending attempts by the Republicans to find something, anything, to sink Obama even if it means repeatedly punching themselves in the face (Comeon guys, with all the major issues out there, your party platform for the previous four years has been trying to ensure Obama didn't get re-elected. Petty much?)... I suppose yes, with that much scrutiny eventually something had to pan out.

    So take this one, singular victory. Have it, it's yours. You can feel righteous for a bit now -- you have a right to be upset

    Well, that's mighty white of you. You are indeed a generous spirit.

    True Scandal - A tea-party group ... gets attention from the IRS—and the FBI, OSHA, and the ATF.
    The IRS Fiasco Is Only The Tip Of The Iceberg
    A Frequent Visitor to the White House

    ...Douglas Shulman, Commissioner from 2008 to 2012, during the Obama administration, visited the White House 118 times just in 2010 and 2011. His successor, Steven Miller, also visited “numerous” times.

    Lawmakers say IRS targeted dozens more conservative groups than initially believed

    The IRS targeting of conservative groups is far broader than first reported, with nearly 500 organizations singled out for additional scrutiny, according to two lawmakers briefed by the agency

    IRS Admits Targeting “Tea Party” Groups
    The New Nixon This time, the press cheered as the IRS investigated the president's opponents.
    Tea party groups call IRS process 'nightmare'
    IRS approved liberal groups while Tea Party in limbo
    Curious IRS Timing - Did the tax agency also target groups that support Israel?
    Obamacare + IRS = gangster government
    7 Questions That The IRS Inappropriately Asked Of Tea Party Groups
    The IRS’s Tea-Party Targeting - An apology, but no explanation
    Did The IRS Try To Swing Election To Obama?

    Jon Stewart and Steven Colbert

    --
    much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
  9. Re:Texas leads the way, again by cold+fjord · · Score: 4, Informative

    As I suspected, this is overblown. Texas doesn't require teaching Creationism, or related doctrines. If some teacher does discuss it, it is by no means clear that it runs foul of the law.

    Fact check: Does Texas teach creationism in public schools? Is it constitutional?

    Clay Robison, a spokesman for the Texas State Teachers Association, the state’s teachers’ union, says, “It is not part of the recognized official state curriculum.”

    But, Robison, who criticized Perry for "trying to reach right-wing voters," added, “I can’t say that some teacher someplace” that isn’t widely known about, isn’t teaching it.

    More definitively, Suzanne Marchman, a spokeswoman for the Texas Education Agency, the state’s version of the Department of Education, tells NBC, the state’s science standards for high-school biology “require students to analyze, evaluate, and critique, scientific explanations.”

    And since teachers craft their own lesson plans, “It’s likely that other theories, likely creationism, are being discussed in class" -- whether it's because teachers plan lessons around it, or because students bring it up. . . .

    In 1987, the U.S. Supreme Court ruled that requiring the teaching of creationism, or forbidding the teaching of evolution, violates the separation of church and state. The court struck down a Louisiana law that banned teaching evolution unless accompanied by instruction in creationism. . . .

    The central question, the court said, was the law's purpose. Louisiana's intent, the majority concluded, was to endorse a particular religious doctrine. But, the court added, "teaching a variety of scientific theories about the origins of humankind might be validly done with the clear secular intent of enhancing the effectiveness of science instruction."

    Also note that there are various factors that play into determining if a particular case becomes Precedent.

    --
    much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
  10. Re:Texas leads the way, again by jimbolauski · · Score: 2, Informative

    Much of that is directly related to the legal and illegal immigrants in Texas.

    --
    Knowledge = Power
    P= W/t
    t=Money
    Money = Work/Knowledge so the less you know the more you make
  11. Re:Texas leads the way, again by SydShamino · · Score: 3, Informative

    The Texas economy is based on adding jobs that can't be done by native Texans - most have to be filled by out-of-state hires who were educated in places like Iowa or Massachusetts. Meanwhile, the Texas education system is woefully underfunded and isn't producing people able to fill those roles in the future.

    In other words, Texas leeches taxpayer money from other states' education systems to fund their low-tax business environment. It's not sustainable.

    Yes, I've a non-native currently living in Texas.

    --
    It doesn't hurt to be nice.
  12. Re:Texas leads the way, again by devent · · Score: 3, Informative

    "creationism" is not a theory. You can call it a "hypothesis" in a sense that there is a flying teapot somewhere in the Universe. But at least the teapot "hypothesis" is a theory if you assume that we live in a limited universe.

    The one difference between a scientific theory and nonsense is very simple: a scientific theory can be falsified.
    You cannot falsify "creationism", or "God".

    How would you try to falsify "creationism"? You need a time machine to go back to whatever time the "creationism" claims that "God" created everything. You can't use evidence because you don't know what "God" is so you can't say: it is because the evidence shows that that was God. You need to define and prove "God" first. Since anything can be "God".

    Let me put it this way. If I say: God blessed me with my good wife and my good children. Can you _disprove_ that is was not God? If it is not possible to _disprove_ something, it is not a theory, it's faith.

    Let me ask now. If I say: my genes shows that we share at least 90% similarity with hominidae, and Hominidae share genes with Catarrhini, and they share genes with Primates, and they share genes with Placental Mammals and further with Mammals. Of course you can disprove that, it's easy: just analyse the genes and get evidence that I'm wrong.
    See Tree of life Project

    You see now the difference between a "scientific theory" and faith?

    Eh, evolution is proven beyond any doubt. If anything the theory of evolution is the best proven theory. I think, even the Theory of Relativity is not as good proven as the theory of evolution.

    --
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  13. Re:Texas leads the way, again by the+gnat · · Score: 4, Informative

    the majority of Texans value freedom and values over a strong central government and political correctness

    This is the state that defended its law criminalizing sodomy to the Supreme Court in 2003, and whose GOP still supports the (now unconstitutional) law. Which means that a majority of Texans are happy to jettison freedom as soon as it conflicts with their (religious) values.

  14. Re:Texas leads the way, again by CrimsonAvenger · · Score: 4, Informative

    #1 in murders per capita

    Since it's easy, I checked this one. Texas, in 2011, had a murder rate of 4.4 per 100,000 people, making it #23. Note that CA, IL, PA are all rather higher.

    Note also that LA is the real #1 in murders per capita.

    I will therefore assume that the rest of your #1's are probably incorrect as well...

    --

    "I do not agree with what you say, but I will defend to the death your right to say it"