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FBI Says It Will Hire No One Who Lies About Illegal Downloading

wabrandsma writes with this excerpt from The State Hornet, the student newspaper at Sacramento State On Monday, Sacramento State's Career Center welcomed the FBI for an informational on its paid internship program where applications are now being accepted. One of the highly discussed topics in the presentation was the list of potential traits that disqualify applicants. This list included failure to register with selective services, illegal drug use including steroids, criminal activity, default on student loans, falsifying information on an application and illegal downloading music, movies and books. FBI employee Steve Dupre explained how the FBI will ask people during interviews how many songs, movies and books they have downloaded because the FBI considers it to be stealing. During the first two phases of interviews, everything is recorded and then turned into a report. This report is then passed along to a polygraph technician to be used during the applicant's exam, which consists of a 55-page questionnaire. If an applicant is caught lying, they can no longer apply for an FBI agent position. (Left un-explored is whether polygraph testing is an effective way to catch lies.)

358 of 580 comments (clear)

  1. Fewer candidates to draw from... by jsepeta · · Score: 5, Funny

    Hopefully at some point in time the FBI will realize that their mission shouldn't be to protect corporate rights, but to protect rights for the individual citizens.

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    1. Re:Fewer candidates to draw from... by Anonymous Coward · · Score: 5, Insightful

      The FBI is a federal law enforcement agency. Their mission is to enforce federal law.

    2. Re:Fewer candidates to draw from... by houstonbofh · · Score: 4, Funny

      On the plus side, this will eventually make for a smaller FBI. :)

    3. Re:Fewer candidates to draw from... by sheetsda · · Score: 2

      The government is working at this from the other angle. More the rights they eliminate the closer we come to having them 100% protected!

    4. Re:Fewer candidates to draw from... by sumdumass · · Score: 4, Insightful

      The only problem is that there is no federal law against downloading. There is about copying and distributing which whoever offers it for download would definitely be doing but no law against you downloading it. All the court cases you see about it stem from the illegal distribution.

      The article says "illegal" downloading. I wonder how many applicants will answer no because they never shared anything and be disqualified because their sweep of meta data indicated otherwise? I wonder how many will admit to illegally downloading who has not according to the letter of the law? And since it is a government employer, I wonder what the constitutional implications are if they have a trove of data which was meant to catch terrorist that they use in validating your eligibility for employment.

    5. Re:Fewer candidates to draw from... by penguinoid · · Score: 3, Insightful

      Their first mission is to protect the constitution, from all threats foreign or domestic. This includes the part of the Constitution where copyright is for "a limited time" and for the purpose of "promoting the progress of science and the useful arts". Maybe they should exclude from the hiring pool anyone who owns copyright for an absurd period of time, or who uses copyright or patents to prevent progress?

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      Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    6. Re:Fewer candidates to draw from... by lucm · · Score: 2

      The only problem is that there is no federal law against downloading. There is about copying and distributing which whoever offers it for download would definitely be doing but no law against you downloading it.

      If you use bittorrent, you are distributing while you download.

      --
      lucm, indeed.
    7. Re:Fewer candidates to draw from... by Coffeesloth · · Score: 1

      This person has a point. They are required to enforce the Federal Law, so everyone that is responding with some sarcastic remark about "young sociopaths" or "making themselves more out of touch" are missing the point. What did you expect them to say? "Hey we were all young once we understand?"

    8. Re:Fewer candidates to draw from... by westlake · · Score: 1

      Hopefully at some point in time the FBI will realize that their mission shouldn't be to protect corporate rights, but to protect rights for the individual citizens.

      by which the geek means the citizen who can afford a computer, broadband Internet.

      pirating music, games, videos and other digital services and software is and always has been a middle class entitlement.

      individual rights mean damn little when you are "constitutionally" unable to work together to achieve your goals and protect your interests.

    9. Re:Fewer candidates to draw from... by Beardo+the+Bearded · · Score: 1

      Huh, I missed a meeting. What's the new tech?

      --

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      ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
    10. Re: Fewer candidates to draw from... by Anonymous Coward · · Score: 3, Funny

      Usenet

    11. Re:Fewer candidates to draw from... by jklovanc · · Score: 1

      A million years is still a "limit".

    12. Re:Fewer candidates to draw from... by penguinoid · · Score: 2

      A million year copyright or patent will not promote any kind of progress.

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      Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    13. Re:Fewer candidates to draw from... by klagermkii · · Score: 1

      Are you saying that pirating only happens amongst the middle class? Have you been to any non rich/Western country?

      Pirating is exceptionally common amongst the poor as it's a cheap way to get some form of entertainment. You'll see plenty of market stalls selling counterfeit DVDs at very low prices, and that can then be played back on cheap media players. None of it required broadband or a fancy computer to use.

    14. Re:Fewer candidates to draw from... by Anonymous Coward · · Score: 1

      You're making a copy by downloading. You're also illegally making a copy of a song by transcribing the lyrics onto a sheet of paper with pen & pencil.

      I once read an account of a Supreme Court justice who was writing an opinion in a famous copyright case. The justice said something to the effect of, "if X was illegal, it would also be illegal to write down a poem I heard over the radio". He was attempting an argumentum ad absurdum. When the other justices informed him that, in fact, it was illegal to do just that, and it wasn't even remotely debatable, it was removed from his opinion before publication.

      Under copyright law, people are behaving illegally all... the... time. The only reason the world doesn't end because of all the illegality is because the copyright holder cannot detect it, let alone prove it. If he could, technically the law gives him insane statutory damages. Also, in those cases where the holder can prove it, they often choose not to exercise that right, because if the big corporations (the ones most likely to be able to prove and prosecute such infringement) started suing every random Joe who simply copied something rather than distributed it, Congress would likely quickly change the law.

    15. Re: Fewer candidates to draw from... by Anonymous Coward · · Score: 1

      Never talk about Usenet.

    16. Re:Fewer candidates to draw from... by RobertLTux · · Score: 1

      lets see

      Goodwill has computers for CHEAP and Freedom Pop sells a usb cell widget for like US$ 50 (with limited data per month but...)

      also you would be surprised at the quality of Mobile Data Devices that the HOMELESS have.

      --
      Any person using FTFY or editing my postings agrees to a US$50.00 charge
    17. Re:Fewer candidates to draw from... by TheGratefulNet · · Score: 1

      2 words: parallel reconstruction.

      FBI is a corrupt org, as are all the top-level 'law enforcement' orgs.

      they have no right to call the kettle black, so to speak...

      they break any laws they want and they use 'ends justify the means' along the way.

      pathetic!

      --

      --
      "It is now safe to switch off your computer."
    18. Re:Fewer candidates to draw from... by whyAreAllNicksTaken · · Score: 1

      If that's the case, you may want to remind them of that: http://news.slashdot.org/story...

    19. Re:Fewer candidates to draw from... by sumdumass · · Score: 3, Interesting

      Of course there is. It's a copyright violation to do so.

      Actually, no there is not. There is no provision in law that makes obtaining copyrighted materials illegal if the copyright owner doesn't consent other than copying and distributing. If somehow I missed it, show me.

      The difference between uploading and downloading is that there are no statutory damages for downloading, only actual damages for the lost sale. So they could sue you for perhaps $30, but they'd lose money on every case. Uploading is subject to statutory (legally-defined) damages, which are quite a bit larger.

      Nope. There is no provision in law about downloading or any activity close to it. If you purchase a DVD from a street merchant and it turns out to be counterfeit, you have broken no copyright law.

    20. Re:Fewer candidates to draw from... by sumdumass · · Score: 2

      You're making a copy by downloading.

      Nope, the person offering it for download is making the copy and distributing it. To equate this with older tech, I write a paper in which I plagiarize the entire works of other people. You say you would like a copy of the paper so I leave copies at the door and you pick one up on your way in. You have violated no law even though it is essentially the same as if I offered it electronically and you accessed it.

      You're also illegally making a copy of a song by transcribing the lyrics onto a sheet of paper with pen & pencil

      No more so than if you were to use a tape record to copy music from the radio or a VCR to copy a movie or TV show.

      I once read an account of a Supreme Court justice who was writing an opinion in a famous copyright case. The justice said something to the effect of, "if X was illegal, it would also be illegal to write down a poem I heard over the radio". He was attempting an argumentum ad absurdum. When the other justices informed him that, in fact, it was illegal to do just that, and it wasn't even remotely debatable, it was removed from his opinion before publication.

      I would like to know more about this case. I can find no case in which the Supreme Court considered copyright in this was. Perhpas it was in questioning of the sony beta max case which was ultimately decided against the copyright holder. Justices are likely more apt to make an argumentum ad absurdum in case rather than opinion but draw from relevant conclusions within the opinion. But then again, I cannot find the case you are remembering so I do not know.

      Under copyright law, people are behaving illegally all... the... time. The only reason the world doesn't end because of all the illegality is because the copyright holder cannot detect it, let alone prove it. If he could, technically the law gives him insane statutory damages. Also, in those cases where the holder can prove it, they often choose not to exercise that right, because if the big corporations (the ones most likely to be able to prove and prosecute such infringement) started suing every random Joe who simply copied something rather than distributed it, Congress would likely quickly change the law.

      Well, changing the law is likely part of a concern, but decisions like the Sony Beta Max case would probably bar cases against most copying that didn't involve distribution or public performances. the later is somewhat in doubt too if the performance meets certain criteria as in no expectations of profit or gain from doing it. For instance, you walking down the street singing Lady Gaga tunes or listening to a radio playing it in which others could hear would not be a violation unless someone paid you to do it or you were advertising something and using that to attract attention or similar.

    21. Re:Fewer candidates to draw from... by LordLimecat · · Score: 1

      The only problem is that there is no federal law against downloading

      And downloading isnt why they bar you. Lying is.

      I would have thought this was obvious. You want a security related job with the gov't? Dont lie to them.

    22. Re:Fewer candidates to draw from... by blueg3 · · Score: 1

      Technically you could turn off all uploading, and hence not be distributing....

      True, though most BitTorrent clients don't support this.

    23. Re:Fewer candidates to draw from... by blueg3 · · Score: 1

      "Seeding" is simply the mode BitTorrent is in when you no longer have any parts of the file that still need to be downloaded. Prior to that, even though you are not "seeding" yet, you are still transmitting the pieces that you *have* downloaded to any peers that ask for them.

      That's sort of the whole idea behind BitTorrent: peers trade pieces of partially-downloaded files with one another to reduce demand on seeders.

    24. Re:Fewer candidates to draw from... by sumdumass · · Score: 1

      From the summery

      falsifying information on an application and illegal downloading music, movies and books. FBI employee Steve Dupre explained how the FBI will ask people during interviews how many songs, movies and books they have downloaded because the FBI considers it to be stealing.

      The FBI considers downloading to be illegal despite any law making it so. Unless downloading has morphed into one of those words like CPU (the actual CPU or as some think, the computer tower itself) with several meanings and I have yet to discover the one in use in this sentence, there should be cause for concern.

      Of course I find it interesting that this FBI employee Steve Dupre guy also says later in the article that "Grades are not an end all". I guess that would have to be so if we are making laws up and considering something as against the law when no law supports that concept.

    25. Re:Fewer candidates to draw from... by Bite+The+Pillow · · Score: 1

      Of course there is no federal law. However,

      The relevant facts in this case are not in dispute. Gonzalez admits that she infringed upon the Recording Companies' copyrights by downloading 30 songs from the internet which she did not own. Numerous courts have held that downloading music from the internet, which the user does not own, constitutes "direct infringement." In re Aimster Copyright Litig., 334 F.3d 643, 645 (7th Cir. 2003); A&M Records, Inc. v. Napster, 239 F.3d 1004, 1014 (9th Cir. 2001); Elektra Entertainment Group, Inc. v. Bryant, 2004 U.S. Dist. LEXIS 26700, 2004 WL 78123, at *4 (C.D. Cal. Feb. 13, 2004).

      Ask a lawyer if they would defend you given this decision in Gonzalez. Ask a lawyer if it matters that there is no federal law.

    26. Re:Fewer candidates to draw from... by Jane+Q.+Public · · Score: 5, Informative

      If you use bittorrent, you are distributing while you download.

      Depends on whether you mean the client called "bittorrent", or the BitTorrent protocol.

      There's nothing in the protocol that says you "have to" upload in order to download. That's something that's built into most of the clients, on the reasoning that if nobody shares, there will be nothing to download.

      I disagree: people have shown themselves to be willing to share things regardless of any such rules.

      Further, the laws against "piracy", (which is NOT the same as downloading), were intended primarily to punish people who make bulk copies of copyrighted works and sell them for a profit. That's essentially what "copyright piracy" means. It's a legal term. And downloading doesn't qualify. Downloading isn't a "crime" at all. It's just a copyright violation. Piracy, on the other hand, is a crime.

      Some of the biggest differences are:

      [A] Almost all downloaders are doing it for personal use, not for profit. A reasonable penalty for that would be lost profits to the copyright holder (which is almost always far, far lower than the retail price), so for example copying a DVD might be a total loss of profits to the copyright holder of not more than about 50 cents. PLUS a "statutory penalty", which courts use to discourage such behavior. A rather large fine for creating a "loss of profit" of 50 cents might be 50 dollars... 100 times the actual damage.

      [B] A very big problem with that is that studies have been showing for over 15 years now that in the vast majority of cases of downloading, there never would have been a sale (or rental) in the first place. So even 50 cents "damage" to the copyright holder as in [A] is more theoretical than actual. Further, downloaders give the actual product free word-of-mouth advertising, further mitigating any "damage".

      It doesn't matter what the FBI "considers" downloading to be. THE LAW says it isn't a crime. And it sure as hell isn't "stealing". They are two very, very distinct areas of the law. When you steal from somebody, you deprive them of the use of the stolen item. When you copy a copyrighted work, you haven't deprived anyone of that work. Any "damage" is purely theoretical and must, logically, be tied to any lost profit from that particular copy.

      Statutory damages that were originally intended for bulk, profitable piracy are not appropriate for individual downloaders. At all. That whole mess was nothing but "crony capitalism" at work. And lots of people have suffered a lot, as a result.

    27. Re:Fewer candidates to draw from... by Johnny+Mnemonic · · Score: 1

      I'm not so sure that they would reject anyone who downloaded, but that they would reject someone who lied about it. I've seen reports that they will even accept candidates that have some minor drug use in their distant past, but the problem with their application comes when it's lied about.

      --

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      $tar -xvf .sig.tar
    28. Re:Fewer candidates to draw from... by BitterOak · · Score: 1

      Actually, no there is not. There is no provision in law that makes obtaining copyrighted materials illegal if the copyright owner doesn't consent other than copying and distributing. If somehow I missed it, show me.

      Downloading is copying. Before you download, there is one copy, on the server. After your download, there is still a copy on the server and there is also one on your computer which you directed your computer to write by initiating the download. It's pretty simple, really.

      --
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    29. Re:Fewer candidates to draw from... by jklovanc · · Score: 2

      It is just an example of how vague the Constitution actually is and how, by quoting specific parts, a lot of opposing views can be seen as Constitutional.

    30. Re:Fewer candidates to draw from... by Twanfox · · Score: 1

      Who makes the copy? Does the receiver go onto the physical hard drive of the offering server and read each of those relevant bits itself, or does the offering system, perhaps a web server or bit torrent client, read the file (or file segment(s)) and make the copy, sending them across the wire to the requesting system? Regardless whether or not the requester initiated the copy, the distributor's agent (be it program or person) made the copy to send. The requester (or requester's agent) received and recorded what was sent to it. At most you can say it was a two-party offence, though I would not see it that way.

      It seems logical that the offending party is the one OFFERING and SENDING, not receiving, the copy.

    31. Re:Fewer candidates to draw from... by jonwil · · Score: 1

      If you have ever downloaded something from BitTorrent, you have also distributed it (I know of no BitTorrent client that will download an entire file and not upload a single byte of it to anyone else)

    32. Re:Fewer candidates to draw from... by Dutch+Gun · · Score: 1

      Don't ask, don't tell?

      --
      Irony: Agile development has too much intertia to be abandoned now.
    33. Re:Fewer candidates to draw from... by Jane+Q.+Public · · Score: 1

      Problem: Since you can't lose something you never owned to begin with, this makes no sense. They never owned your money, and you never interacted with them, so they lost nothing except perhaps the potential to gain, which isn't really losing anyway.

      You violated a social contract that was agreed upon by society at large. As such, you "damaged" (if only infinitesimally) the holder of that social contract.

      The real issue here isn't whether copyrights should exist. But whether these huge abusive corporate expansions of copyright power should exist.

      It was never part of that social contract. It's just corporate greed.

    34. Re:Fewer candidates to draw from... by cpt+kangarooski · · Score: 1

      The only problem is that there is no federal law against downloading. There is about copying and distributing which whoever offers it for download would definitely be doing but no law against you downloading it. All the court cases you see about it stem from the illegal distribution.

      When you download, you necessarily make a new copy. If the work is copyrighted, and you lack permission or an applicable exception to copyright, you're infringing.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    35. Re:Fewer candidates to draw from... by cpt+kangarooski · · Score: 5, Informative

      Further, the laws against "piracy", (which is NOT the same as downloading)

      There are no laws against "piracy" per se; rather there are laws against copyright infringement, which downloading commonly is.

      were intended primarily to punish people who make bulk copies of copyrighted works and sell them for a profit.

      The statute doesn't require infringement en masse, nor does it require selling them for a profit. Perhaps you'd like to read it? It's 17 USC 501. It refers to other sections, in particular 17 USC 106, and 101.

      That's essentially what "copyright piracy" means. It's a legal term.

      No it's not. The correct legal term would be copyright infringement.

      And downloading doesn't qualify. Downloading isn't a "crime" at all. It's just a copyright violation.

      No, any copyright infringement which meets the prerequisites of 17 USC 506 is a crime. For example, if you willfully download a work in an infringing manner, and that work has a retail value of over $1,000 (easily doable with certain computer programs), that's a criminal infringement.

      And it sure as hell isn't "stealing"

      This is the first, and perhaps only thing in your post that's correct.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    36. Re:Fewer candidates to draw from... by cpt+kangarooski · · Score: 2, Insightful

      Nope, the person offering it for download is making the copy and distributing it.

      A copy is defined in the Copyright Act (17 USC 101) as a material object in which a copy is fixed. A hard drive is a material object, a flash drive is a material object, RAM is a material object. But data coming in over the network is not a material object. The downloader causes that data to be written to some sort of storage medium on his end, thereby making a new copy. The person on the other end of the connection is in trouble too, but it is clear in the statute, and settled in the caselaw, that downloading can be infringing.

      No more so than if you were to use a tape record to copy music from the radio or a VCR to copy a movie or TV show.

      That's like saying that murdering someone with a gun is no more murder than murdering them with a knife or with poison. All of the things you mention are also infringing, if of copyrighted works and without permission. There may be applicable exceptions, but there just as easily might not be.

      decisions like the Sony Beta Max case would probably bar cases against most copying that didn't involve distribution or public performances

      It didn't. In fact, if you read the Sony case, you'll see that the Court expected that not all home taping of TV would even be a fair use. All that mattered was that there was enough possibility of VCR recording being legal sometimes that copyright didn't require that the technology be banned altogether.

      For instance, you walking down the street singing Lady Gaga tunes or listening to a radio playing it in which others could hear would not be a violation unless someone paid you to do it or you were advertising something and using that to attract attention or similar.

      It's a public performance, and would be prima facie infringing.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    37. Re:Fewer candidates to draw from... by cpt+kangarooski · · Score: 2

      The FBI considers downloading to be illegal despite any law making it so. Unless downloading has morphed into one of those words like CPU (the actual CPU or as some think, the computer tower itself) with several meanings and I have yet to discover the one in use in this sentence, there should be cause for concern.

      Downloading involves making copies, and unauthorizedly making copies of copyrighted works is infringing, unless there's an applicable exception to copyright. This is well-established.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    38. Re:Fewer candidates to draw from... by cpt+kangarooski · · Score: 1

      No, that's a correct interpretation of the Copyright Act. That's how fucked up the actual law is; it's worse than you had apparently imagined it to be.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    39. Re:Fewer candidates to draw from... by cpt+kangarooski · · Score: 1

      Who makes the copy?

      Assuming the normal case of a downloader issuing some command to the server which results in a new copy being made, the downloader has made the copy.

      Now, if someone rooted your computer and used it to make copies without your involvement, then you'd have an argument, but that's not really what we're looking at usually.

      If it helps, think of two people talking on the phone, the first reading a book, and the second writing it down. The reader isn't making the copy; if the writer secretly refuses to write, no new copy is produced. The writer does need the aid of the reader to make the copy, but he can't pretend that the blame entirely lies on the reader.

      And remember -- a copy is defined in the law as a material object -- it can't be sent over the network.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    40. Re:Fewer candidates to draw from... by Dogtanian · · Score: 1

      This includes the part of the Constitution where copyright is for "a limited time"

      A million years is still a "limit".

      A million year copyright or patent will not promote any kind of progress.

      I don't think the implication was that it was. I think the implication was that you cited wording to imply that the constitution includes wording to prohibit indefinite copyright, and jklonvanc showed- by example- that this could be abused to the point of worthlessness, since a million years is still a "limit".

      That doesn't imply that he approved of it, merely that a moderate amount of weaselling proved the *word* of the constitution could be followed while doing what they do now, regardless of whether it met the *spirit* of that clause.

      --
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    41. Re:Fewer candidates to draw from... by LordLimecat · · Score: 1

      The FBI considers downloading to be illegal despite any law making it so.

      No, they consider it stealing, according to the article (which Im assuming is taking some major journalistic license). But whats relevant is that the action they take is based on whether you lie about it.

      Whether they think you're a bad person for wearing white clothes after labor day isnt relevant. If they said they wouldnt hire you if you lied about wearing white after labor day, I wouldnt blame them. Theyre trusting you with a lot of power, if you have a penchant for lying you shouldnt be hired.

      This is a non-story.

    42. Re:Fewer candidates to draw from... by jedidiah · · Score: 2

      > If you use bittorrent, you are distributing while you download.

      You know that and I know that. Welcome to the 1%. Most other people don't realize that. HELL, a lot of church lady types don't even know that pirating stuff is even "immoral" or illegal or anything.

      Real life is funny that way.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    43. Re:Fewer candidates to draw from... by NoKaOi · · Score: 2

      The FBI is a federal law enforcement agency. Their mission is to enforce federal law.

      Not anymore. They changed it recently. The first part is to protect and defend the United States against terrorist and foresight intelligence threats. The criminal justice part comes second.

      So what kind of people are they going to get? Any twenty-something who hasn't illegally downloaded music or movies probably fits into one of the following categories:
      1. Computer illiterate.
      2. Spoiled brat because their parents kept their iTunes gift card loaded all the way through high school and college.
      3. Too poor growing up to have a computer and went straight into the military.
      4. Able to defeat a polygraph.

    44. Re:Fewer candidates to draw from... by K.+S.+Kyosuke · · Score: 2

      But whats relevant is that the action they take is based on whether you lie about it. ... If they said they wouldnt hire you if you lied about wearing white after labor day, I wouldnt blame them. Theyre trusting you with a lot of power, if you have a penchant for lying you shouldnt be hired.

      That argument would make sense, provided that they were somewhat more comprehensive about the domains they're checking. Because if you were right, there would be absolutely no liars in the FBI. I somehow doubt that this is the case. If it's not the case, it seems somewhat debatable whether this is about lying. Or even about merely having ever violated any federal law, because they seem to be awfully specific. Arguing that they are actually trying to do anything broader than filter people who download stuff seems disingenuous to me.

      --
      Ezekiel 23:20
    45. Re:Fewer candidates to draw from... by Maxo-Texas · · Score: 2

      It's based on a lie detector test. If they sincerely believe they did nothing wrong, there will be no stress for the lie detectors to pick up.

      And likewise, some people who feel really guilty about the issue may show stress.

      There will probably be some false positives too.

      So the FBI will end up hiring people who don't feel downloading is illegal and those who don't feel stress when lying.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    46. Re:Fewer candidates to draw from... by penguinoid · · Score: 1

      Nope, the wording of the Constitution is that the patent and copyright system is to promote progress (of science and the useful arts). It doesn't matter if you follow half a law, if you broke the other half you're just as guilty as if you broke it all.

      --
      Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    47. Re:Fewer candidates to draw from... by AK+Marc · · Score: 1

      If it helps, think of two people talking on the phone, the first reading a book, and the second writing it down. The reader isn't making the copy; if the writer secretly refuses to write, no new copy is produced.

      Great analogy. The only problem is that the person "on the phone" is instead "through the mail". So the recipient gets the whole book, in paper, from the first reader. The first reader is asked for a copy, and makes one, and passes it along. The "listener"

      And remember -- a copy is defined in the law as a material object -- it can't be sent over the network.

      My local copy is no more a material object than the network the copy passed over. So, until they seize the entirety of AT&T's network for holding copyrighted material, they shouldn't be able to do the same with my local computer.

    48. Re:Fewer candidates to draw from... by AK+Marc · · Score: 1

      A copy is defined in the Copyright Act (17 USC 101) as a material object in which a copy is fixed. A hard drive is a material object, a flash drive is a material object, RAM is a material object. But data coming in over the network is not a material object

      The network is a collection of material objects. You are asserting that RAM on the network router doesn't hold a copy, but sends me a copy without ever receiving what it sends on. How can the RAM on my computer get a copy without the physical network in the middle holding it on a material object, even if only for a moment?

    49. Re:Fewer candidates to draw from... by penguinoid · · Score: 1

      Says =/= Intended

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      Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    50. Re:Fewer candidates to draw from... by cpt+kangarooski · · Score: 1

      You keep saying downloading, but downloading isn't illegal and it has never been successfully litigated.

      There are numerous court cases in which it was found that at least some downloading was illegal (obviously only certain downloading would be; downloading public domain works, or subject to a valid copyright license is not infringing). For example, from the Napster case, the Ninth Circuit said "We agree that plaintiffs have shown that Napster users infringe at least two of the copyright holdersâ(TM) exclusive rights: the rights of reproduction, Â 106(1); and distribution, Â 106(3). Napster users who upload file names to the search index for others to copy violate plaintiffsâ(TM) distribution rights. Napster users who download files containing copyrighted music violate plaintiffsâ(TM) reproduction rights." A&M Records v. Napster., 239 F.3d 1004, 1014 (9th Cir. 2001).

      It's just that it's not usually worthwhile to sue downloaders. Even the MPAA, RIAA, et al have limited resources. Downloaders are the tail of the snake; shut down a single downloader, and all you've shut down is a single downloader. Shut down networks, and you can shut down all of their users. At least, that was the idea.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    51. Re:Fewer candidates to draw from... by cpt+kangarooski · · Score: 1

      Your statement fails to respond to the grandparent's point. Back when the US Constitution was written it wasn't possible to reasonably make a single copy of something.

      Sure it was. Paper and pen worked just fine. And until the then quite recent invention of the printing press, that was usually how books were copied.

      This is what the laws were intended to punish.

      And yet, that's not what the actual language of the law, whether at the Constitutional level, or below, actually does.

      Someone making a single copy isn't likely to sell it, just use it for personal use. This is not what 17 USC 501 was intended to punish. Rather than the $100K-$1M, this is pretty comparable to shoplifting, a very minor crime whose small punishment is really too large for making one illegal copy of something.

      Hey, I'd just as soon legalize all non-commercial infringement engaged in by natural persons. But it does no one any good to be unaware of what the law currently is, and what it actually does. And that is to render individual downloading of copyrighted works, without permission or an applicable exception, illegal, and potentially criminal.

      It won't get changed if people delude themselves as to what it is that needs changing.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    52. Re:Fewer candidates to draw from... by cpt+kangarooski · · Score: 1

      You are asserting that RAM on the network router doesn't hold a copy

      Well, depending on whether MAI or Cablevision controls, it may very well be a copy. My point is that a copy can only be a tangible object, and maybe you live on the Starship Enterprise or something, but around here, I can't buy a DVD on Amazon and see the bulge in the ethernet cable as the disc is physically moved over the Internet.

      Downloaders always make new copies at their end; that's just how it works. There may be numerous copies in between too, but it's asinine to say that downloading isn't copying at all.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    53. Re:Fewer candidates to draw from... by cpt+kangarooski · · Score: 1

      We agree that plaintiffs have shown that Napster users infringe at least two of the copyright holders' exclusive rights: the rights of reproduction, 106(1); and distribution, 106(3). Napster users who upload file names to the search index for others to copy violate plaintiffs' distribution rights. Napster users who download files containing copyrighted music violate plaintiffs' reproduction rights.

      A&M Records v. Napster., 239 F.3d 1004, 1014 (9th Cir. 2001).

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    54. Re:Fewer candidates to draw from... by cpt+kangarooski · · Score: 2

      Do those who browse the websites infringe plaintiff's copyright?

      The first question, then, is whether those who browse any of the three infringing websites are infringing plaintiff's copyright. Central to this inquiry is whether the persons browsing are merely viewing the Handbook (which is not a copyright infringement), or whether they are making a copy of the Handbook (which is a copyright infringement). See 17 U.S.C. 106.

      "Copy" is defined in the Copyright Act as: "material objects . . . in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device." 17 U.S.C. 101. "A work is fixed' . . . when its . . . sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration." Id.

      When a person browses a website, and by so doing displays the Handbook, a copy of the Handbook is made in the computer's random access memory (RAM), to permit viewing of the material. And in making a copy, even a temporary one, the person who browsed infringes the copyright. n5 See MAI Systems Corp. v. Peak Computer, Inc., 991 F.2d 511, 518 (9th Cir. 1993) (holding that when material is transferred to a computer's RAM, copying has occurred; in the absence of ownership of the copyright or express permission by licence, such an act constitutes copyright infringement); Marobie-Fl., Inc. v. National Ass'n of Fire Equip. Distrib., 983 F. Supp. 1167, 1179 (N.D. Ill. 1997) (noting that liability for copyright infringement is with the persons who cause the display or distribution of the infringing material onto their computer); see also Nimmer on Copyright 8.08(A)(1) (stating that the infringing act of copying may occur from "loading the copyrighted material . . . into the computer's random access memory (RAM)"). Additionally, a person making a printout or re-posting a copy of the Handbook on another website would infringe plaintiff's copyright.

      Footnote n5: Although this seems harsh, the Copyright Act has provided a safeguard for innocent infringers. Where the infringer "was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages. . . ." 17 U.S.C. 504(c)(2).

      Now, since then there has been the Cablevision case, where the 2d Circuit said that a work that was momentarily buffered in RAM (in that case, by a network provider) was not a copy because it lasted for too short a duration. But this is not likely to have much effect for the end user.

      Also, your example is wrong. Copyright infringement is a strict liability offense, so the mental state (e.g. intent, knowledge) of the infringer is irrelevant.

      A better example would be statutory rape, another strict liability offense. If you have sex with someone who swears they're an adult, who can produce excellent documentary support of that claim, and where you literally could not have undertaken any further reasonable measures to ensure that that person wasn't a minor, but it turns out that they were a minor anyway, you've just committed the crime of statutory rape. It doesn't matter how careful you were, that you didn't intend to have sex with a minor, what you knew, etc. Copyright is the same sort of thing.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    55. Re:Fewer candidates to draw from... by eric_harris_76 · · Score: 1

      Or break it.

      Or both.

      Actually, their real mission is to do things that help ensure funding in the future and to keep and expand their powers, and to avoid doing things that will jeopardize that funding and those powers.

      Covering up their misdeeds helps. Attempting to cover up misdeeds but failing jeopardizes.

      --
      There's no time like the present. Well, the past used to be.
    56. Re:Fewer candidates to draw from... by sumdumass · · Score: 1

      So, viewing a movie on Youtube existentially causes copies to be present on your computer. Are we to assume that all viewers of websites, online video, or streaming music services are copyright infringers making illegal copies all over the place?

      More importantly, wouldn't that make the internet a device primarily intended to enable copyright violations and illegal to manufacture, import or posses under copyright law?

      Or does the copying result in to little more than the exceptions found in reasonable legal interpretations like the Sony Beta Max case and how does downloading a file someone else offer creatively become drastically different?

    57. Re:Fewer candidates to draw from... by sumdumass · · Score: 1

      It's still not the downloader copying. All you do is ask another server for the file. The other computer or server can transfer that file while removing it from their system or it can create a copy of the file to give to you. The copy on your computer is only possible because the uploader transferred it to you.

      Whether it is the entire original copy as in you are sent a book through the mail which would invoke the rights of first sale or there is a copy remaining on the server/other computer is entirely the function of the software on the server/uploader side.

      For the downloader, it is no different than going to a book store and being given a book that the book store made copies of in the back room the night before.

    58. Re:Fewer candidates to draw from... by cpt+kangarooski · · Score: 1

      Great analogy. The only problem is that the person "on the phone" is instead "through the mail". So the recipient gets the whole book, in paper, from the first reader. The first reader is asked for a copy, and makes one, and passes it along. The "listener"

      If your analogy using the mail were accurate, it would be possible for me to download a blender from Amazon and have it emerge from the side of my computer. Not a 3d printed blender either; that's just a copy. I mean one that was built at a factory in China or something.

      My local copy is no more a material object than the network the copy passed over.

      You have RAM, which is a material object. You have a hard drive, which is a material object. You have flash memory, which is a material object. A work written to those makes them copies, just as a work written to a paper book makes it a copy.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    59. Re: Fewer candidates to draw from... by KevReedUK · · Score: 1

      Your "related note" will get you dropped from the program for lewd behaviour!

      --
      Just my $0.03 (At current exchange rates, my £0.02 is worth more than your $0.02)
    60. Re: Fewer candidates to draw from... by lucm · · Score: 1

      Usenet is becoming very difficult to use because indexing sites like Newzbin keep being shutdown. They are either sued or have a hard time finding a payment provider.

      Without a good indexer, downloading from Usenet is beyond retarded. There is a limit on message size so movies or tv episodes are split in multiple messages, and the protocol is unreliable so the messages are often corrupts, which requires posters to submit par files to let downloaders repair the files.

      Also most ISPs don't keep binary groups so one has to subscribe to a paid provider like Easynews. And even with the best providers there's a limit to how much retention they can do, so Usenet content is a lot more volatile than P2P. Ex: if you are looking for the 6th episode of the 3rd season of Falcon Crest you are more likely to find it on P2P. Furthermore, Usenet providers comply with takedown notices, making the download of some stuff pretty difficult.

      Another annoying thing with Usenet is that for some reason idiots from The Netherlands keep posting US movies and tv series with hard-coded NL subtitles. I don't know why, but it's been like that forever, it's the only country that does that with such magnitude. If you don't have a good indexer or an advanced provider like Easynews (who posts frameshots for movies) it's hugely annoying.

      --
      lucm, indeed.
    61. Re:Fewer candidates to draw from... by AK+Marc · · Score: 1

      If your analogy using the mail were accurate, it would be possible for me to download a blender from Amazon and have it emerge from the side of my computer.

      According to you it is. The USB drive I downloaded it to is a physical copy of the original work, according to your assertions elsewhere.

      You have RAM, which is a material object. You have a hard drive, which is a material object. You have flash memory, which is a material object. A work written to those makes them copies, just as a work written to a paper book makes it a copy.

      The router passing the copy along has RAM, flash, and possibly a hard drive as well. Yet you assert the copy made by the network isn't a copy, but the copy when it gets to my computer is a copy.

      That's logically inconsistent.

    62. Re:Fewer candidates to draw from... by AK+Marc · · Score: 1

      I can't buy a DVD on Amazon and see the bulge in the ethernet cable as the disc is physically moved over the Internet.

      Copyright covers the work played over speakers, and since I can't see my speaker wires bulge as the song is played, then your analogy is obviously wrong.

      The physics of it is that the actual work is copied at the server. They keep one copy on the server HD, copying it into RAM, then that RAM is copied to my RAM, by the server. An exact duplicate of the server copy, transmitted to my computer in 100% the original form.

      Your discussion of books and such is irrelevant. The original isn't a book. It's a list. A long list of 1 or 0. That is all. That unique arrangement is made non-unique by the server, and sent to me in the EXACT same format as if a book were to be spit from the side of my computer. The original on the server isn't paper. It's bits on a drive. The new copy isn't paper, it's bits on the drive. That the copy can be sent over a wire without the wire bulging doesn't demonstrate it's different. It just demonstrates you don't know what a file is.

    63. Re:Fewer candidates to draw from... by LordLimecat · · Score: 1

      That argument would make sense, provided that they were somewhat more comprehensive about the domains they're checking. Because if you were right, there would be absolutely no liars in the FBI.

      Its got nothing to do with whether you think the people in the FBI are corrupt or not, and everything to do with how security clearances work... which apparently you dont understand.

      Dont lie if you want a secure position, period. You can argue it, but dont expect to get cleared.

    64. Re:Fewer candidates to draw from... by LordLimecat · · Score: 2

      He meant a REPUTABLE citation, preferably by someone with a 4-digit or less UID. Not some "9th circuit" armchair judge.

    65. Re:Fewer candidates to draw from... by MA179 · · Score: 1

      This isn't about meta data, that's the beauty of it. A polygraph indicates a subjective lie, meaning you are telling what YOU think is a lie. If you truly believe you did nothing illegal than the polygraph will indicate a truthful response when you say "No" to the question "Have you illegally downloaded music?"

    66. Re:Fewer candidates to draw from... by sumdumass · · Score: 1

      Not really. You see, if I give you a book, I can either give you my copy and no one violated copyright or I can make a copy and give it to you. Either way, I made the copy and distributed the book.

      Now computers are a bit different in that the copy is so easily made but similar in that I still control whether I give you the original or a copy of it. It is all in my settings on my server or computer when I offer the file. Very few times will you ever have the ability to determine if the file on my server or computer is copied or deleted as it is transferred to your system. If you download a file and I remove it from my machine as the file is transferred (imagine a cut and paste process), no copy was made. But if I retained a copy of the file (imagine copy and past), then the copy made was because of my settings and by me. Therefore, a copy is made but you did not necessarily make it or cause it to be made because that is completely out of your control.

    67. Re:Fewer candidates to draw from... by cpt+kangarooski · · Score: 1

      So, viewing a movie on Youtube existentially causes copies to be present on your computer. Are we to assume that all viewers of websites, online video, or streaming music services are copyright infringers making illegal copies all over the place?

      Not all viewers, but a hell of a lot of them.

      Here's an excerpt from Intellectual Reserve v. Utah Lighthouse Ministry, 75 F. Supp. 2d 1290 (D. Utah 1999):

      Do those who browse the websites infringe plaintiff's copyright?

      The first question, then, is whether those who browse any of the three infringing websites are infringing plaintiff's copyright. Central to this inquiry is whether the persons browsing are merely viewing the Handbook (which is not a copyright infringement), or whether they are making a copy of the Handbook (which is a copyright infringement). See 17 U.S.C. 106.

      "Copy" is defined in the Copyright Act as: "material objects . . . in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device." 17 U.S.C. 101. "A work is fixed' . . . when its . . . sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration." Id.

      When a person browses a website, and by so doing displays the Handbook, a copy of the Handbook is made in the computer's random access memory (RAM), to permit viewing of the material. And in making a copy, even a temporary one, the person who browsed infringes the copyright. n5 See MAI Systems Corp. v. Peak Computer, Inc., 991 F.2d 511, 518 (9th Cir. 1993) (holding that when material is transferred to a computer's RAM, copying has occurred; in the absence of ownership of the copyright or express permission by licence, such an act constitutes copyright infringement); Marobie-Fl., Inc. v. National Ass'n of Fire Equip. Distrib., 983 F. Supp. 1167, 1179 (N.D. Ill. 1997) (noting that liability for copyright infringement is with the persons who cause the display or distribution of the infringing material onto their computer); see also Nimmer on Copyright 8.08(A)(1) (stating that the infringing act of copying may occur from "loading the copyrighted material . . . into the computer's random access memory (RAM)"). Additionally, a person making a printout or re-posting a copy of the Handbook on another website would infringe plaintiff's copyright.

      Footnote n5: Although this seems harsh, the Copyright Act has provided a safeguard for innocent infringers. Where the infringer "was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages. . . ." 17 U.S.C. 504(c)(2).

      More importantly, wouldn't that make the internet a device primarily intended to enable copyright violations and illegal to manufacture, import or posses under copyright law?

      No. Just because it's commonplace doesn't mean that the Internet is intended to enable infringements. The Sony precedent and the DMCA safeharbor both work to protect the continued existence of the Internet, despite widescale infringement. Remember, the basic rule of Sony is this: "[T]he sale of copying equipment, like the sale of other articles of commerce, does not constitute contributory infringement if the product is widely used for legitimate, unobjectionable purposes. Indeed, it need merely be capable of substantial noninfringing uses."

      But just because ISPs are not obligated to dismantle the Internet doesn't help individual infringers.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    68. Re:Fewer candidates to draw from... by cpt+kangarooski · · Score: 1

      Copyright covers the work played over speakers, and since I can't see my speaker wires bulge as the song is played, then your analogy is obviously wrong.

      No.

      Creating a new copy of a work can infringe per 17 USC 106(1). But playing a work over a speaker doesn't create a new, infringing copy. That's why we have 17 USC 106(4), which can cause the public performance of certain works to be infringing. With public performance, no new copy needs to be created. Of course, not all performances are public performances -- playing a CD at home, privately, is likely not public and thus not infringing to begin with. Playing it outside, in a public park, is public and very well could be infringing.

      I really think you'd benefit a lot by actually looking at the law, or perhaps reading a good book about it, instead of just continuing with what you imagine the law to be.

      The physics of it is that the actual work is copied at the server. They keep one copy on the server HD, copying it into RAM, then that RAM is copied to my RAM, by the server. An exact duplicate of the server copy, transmitted to my computer in 100% the original form.

      Given that the word 'copy' in copyright law is defined as a material object, and given the physical impossibility of sending material objects through telecommunications systems, I'm afraid you're very, very wrong.

      It just demonstrates you don't know what a file is.

      I can't hold a file in my hand. It's not a material object. But I can hold the storage medium it's written to in my hand; that is a material object. Fixing the work into a new material object from which it can be perceived for a period of more than transitory duration is basically the definition of copying in the law, and as an exclusive right, copying can be infringing.

      Feel free to read the relevant portions, at 17 USC 101. You'll want the definition of copies and also of fixing a work. Copying as an exclusive right is at 17 USC 106(1), as already mentioned.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    69. Re:Fewer candidates to draw from... by K.+S.+Kyosuke · · Score: 1

      And the purpose of that suspiciously specific question is what? To catch liars? With a question that won't be able to catch a large portion of them (because they're going to lie about something else)? I understand perfectly what you're talking about, I just find it hard to believe that the purpose of the question is what you make it to be.

      --
      Ezekiel 23:20
    70. Re:Fewer candidates to draw from... by cpt+kangarooski · · Score: 1

      Thanks for agreeing with me, then; it's not possible to argue fair use unless there already is prima facie infringement.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    71. Re:Fewer candidates to draw from... by cpt+kangarooski · · Score: 1

      I still control whether I give you the original or a copy of it

      Well, I suppose that it's possible that you might unplug your hard drive, put it in a cardboard box, and mail it to me, in response to a download request, but that's surely too unusual to care about.

      Because the law defines making copies as a form of infringement, defines copies as material objects, and because we lack the ability to send a material object through the net, you cannot transmit an original copy of a work to me online. All you can do is give me the information I need to create a new copy on my end.

      Very few times will you ever have the ability to determine if the file on my server or computer is copied or deleted

      It's irrelevant whether you delete the file once I've downloaded it. The Copyright Act doesn't treat a copy followed by a deletion as not being copying. It doesn't matter in the least how many copies actually exist in the end, only what the provenance of the copies is. There is an essay called 'What colour are your bits?' which you may find helpful.

      it is transferred to your system

      It is not, in any legally meaningful way, transferred anywhere.

      Please take a look at this page, which discusses the outcome of the ReDigi case, and includes a copy of the opinion. ReDigi tried to sell used music files, going through the sort of copy and delete rigamarole as you suggest. They got shut down hard because it's utter nonsense as far as the legal system is concerned.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    72. Re:Fewer candidates to draw from... by Totenglocke · · Score: 1

      The FBI is a federal law enforcement agency. Their mission is to force the will of politicians upon the people.

      FTFY

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    73. Re:Fewer candidates to draw from... by sumdumass · · Score: 1

      No harddrive needed. You just spent a good deal of time stating digital files are different then hard copies like books. You almost was comparing digital files to computer software. Actually, I think you achieved that.

      Copyright does already deal with digital files under the sections of computer programs which also covers data. That section also spells out how to transfer copies in which deleting yours is part of. I can see some judges now understanding this and being hung up on the fact it is a song or movie file but it is in reality no different than a computer program if we were to insist it was different from a book or CD or whatever. It won't be long before someone who follows the rule will not be suckered into that limbo where copyright doesn't address something but also addresses it in order to find penalties.

    74. Re:Fewer candidates to draw from... by cpt+kangarooski · · Score: 1

      You just spent a good deal of time stating digital files are different then hard copies like books.

      Digital files are just intangible information; what we'd call a work. A book, as a material object in which a work can be fixed, is no different than a hard drive. And btw, most, if not all written languages are digitial. There's no letter that's halfway in between an A and a B.

      Copyright does already deal with digital files under the sections of computer programs which also covers data.

      Not really.

      The only significant special treatment of computer programs in the Act that might be useful here is the exception at 17 USC 117. The Act defines "computer programs" as a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result. I think it would be quite a stretch to apply that to absolutely any sort of data on a computer, as opposed to actual executables and such.

      But even if we accepted that, it still isn't helpful. 117 allows the owner of a copy to make additional copies or adaptations, only if they're essential for using them, or as backups. And the backups cannot be transferred without transferring the ownership of the original, and cannot be kept in the event of a transfer.

      So I don't see how it would help protect you if you decided to host mp3 files for people to download, in an infringing manner. Perhaps you'd like to explain your plan?

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    75. Re:Fewer candidates to draw from... by sumdumass · · Score: 1

      There seems to be some confusion here. I have never supported hosting files to be downloaded, just that the act of downloading a file is not magically illegal despite no law defining it so. The theory that when you download you cause a copy to be made is erroneous because there are specifically outlined situations in law where a transfer in that way is legal and the onus rests on the server to be compliant- not the downloader.

    76. Re:Fewer candidates to draw from... by cpt+kangarooski · · Score: 1

      just that the act of downloading a file is not magically illegal despite no law defining it so

      Here are the laws that make unauthorized downloading of copyrighted works prima facie illegal in the US:

      17 USC 501(a): "Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 ... is an infringer of the copyright ... of the author."

      17 USC 106: "Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights ... to reproduce the copyrighted work in copies."

      17 USC 101: "'Copies' are material objects ... in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term 'copies' includes the material object ... in which the work is first fixed."

      "A 'device', 'machine', or 'process' is one now known or later developed."

      "A work is 'fixed' in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. A work consisting of sounds, images, or both, that are being transmitted, is 'fixed' for purposes of this title if a fixation of the work is being made simultaneously with its transmission."

      If Alice has a file server on which are copyrighted works, and Bob, without permission from the copyright holder, downloads them, Bob causes his computer to fix those works in a tangible medium of expression (such as a hard drive), which creates new copies of those works. The copy is the tangible medium, again e.g. a hard drive, not the mere intangible files. By creating copies without permission, Bob has infringed on the exclusive right of the copyright holder to make new copies.

      So, it's prima facie infringing.

      You actually conceded this point earlier; you obliquely referred to 17 USC 117, which is an exception dealing with computer programs. Section 117 is completely unnecessary if no prima facie infringement occurs. Much in the way that you don't have to bother raising a defense to a charge of murder, like self-defense, if the supposed victim is still alive. Or if programming is more your thing, think of an if-then-else statement: if infringement occurs, then see if section 117 applies, else infringement has not occurred, so exit.

      So you appear to agree that downloading is prima facie infringement, the question is simply whether the exception in 117 saves the downloader. It almost never will.

      17 USC 117: "(a) Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:
      (1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or
      (2) that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.

      (b) Any exact copies prepared in accordance with the provisions of this section may be leased, sold, or otherwise transferred, along with the copy from which such copies were prepared, only as part of the lease, sale, or other transfer of all rights in the program. Adaptations so prepared may be transferred only with the authorization of the copyright owner."

      17 USC 101: "A 'computer program' is a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result."

      This usually won't work because Bob, the downloader, almost certainly 1) is

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    77. Re:Fewer candidates to draw from... by sumdumass · · Score: 1

      And you showed nothing that describes dowloading. The owner of the server controls whether a copy is made or a file is transfered and is responsablty for the distribution.

      You have to stretch really hard to get any of that to apply. Case law is not law either. Judges have been wrong before and they will be wrong in the future.

    78. Re:Fewer candidates to draw from... by cpt+kangarooski · · Score: 1

      And you showed nothing that describes dowloading. The owner of the server controls whether a copy is made or a file is transfered and is responsablty for the distribution.

      Nope!

      ReDigi was a company that claimed to sell used music files, just as a used bookstore sells books. It argued that it was protected under the 17 USC 109, the first sale exception, by claiming that copying then deleting files was a transfer. (Even they were not so stupid as to believe that it's possible to transfer a file over a network without copying in the process, even if this is not apparent to the user)

      The court that heard the case shut them down:

      Courts have consistently held that the unauthorized duplication of digital music files over the Internet infringes a copyright owner's exclusive right to reproduce. However, courts have not previously addressed whether the unauthorized transfer of a digital music file over the Internet -- where only one file exists before and after the transfer -- constitutes reproduction within the meaning of the Copyright Act. The Court holds that it does.

      You should read the whole thing: http://www.documentcloud.org/d...

      It even points out, as I have, that this is unavoidable:

      This understanding is, of course, confirmed by the laws of physics. It is simply impossible that the same "material object" can be transferred over the Internet. Thus, logically, the court in London-Sire noted that the Internet transfer of a file results in a material object being "created elsewhere at its finish." Because the reproduction right is necessarily implicated when a copyrighted work is embodied in a new material object, and because digital music files must be embodied in a new material object following their transfer over the Internet, the Court determines that the embodiment of a digital music file on a new hard disk is a reproduction within the meaning of the Copyright Act.

      Case law is not law either.

      It is in the US.

      Judges have been wrong before and they will be wrong in the future.

      What does that have to do with anything? You think that legislators are never wrong?

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  2. Polygraph by thetagger · · Score: 5, Insightful

    The polygraph, along with IQ tests, are a very American forms of superstition.

    1. Re:Polygraph by Anonymous Coward · · Score: 5, Insightful

      The polygraph, along with IQ tests, are a very American forms of superstition.

      Yeah, quite a few hipsters that got less than ideal IQs go out of their way at every opportunity to deride the single most precise intellectual measure known to man.

    2. Re:Polygraph by Noah+Haders · · Score: 1

      +1 yes. along with Ouija boards and e-meters.

    3. Re:Polygraph by Anonymous Coward · · Score: 5, Funny

      If only it was accurate too.

    4. Re:Polygraph by Anonymous Coward · · Score: 2, Insightful

      A multimeter which always reads zero is the most precise meter possible. Precision isn't accuracy.

      And Abrahamic God is the single most powerful myth known to man. Unique doesn't imply useful.

      My IQ is 142, my net earnings are ~$90k/year, my highest qualification is a PhD in mathematics, and you're an idiot.

    5. Re:Polygraph by deadweight · · Score: 1

      My IQ is lower and my income is higher (thought not by much in either case). Do I win a prize?

    6. Re:Polygraph by dbIII · · Score: 1

      They've been considered useless for sorting kids into classes in education since at least the 1970s, so still not precise enough.

    7. Re:Polygraph by Your.Master · · Score: 1

      Your prize is the slightly higher income.

    8. Re:Polygraph by Anonymous Coward · · Score: 2, Interesting

      A multimeter which always reads zero is the most precise meter possible. Precision isn't accuracy.

      And Abrahamic God is the single most powerful myth known to man. Unique doesn't imply useful.

      My IQ is 142, my net earnings are ~$90k/year, my highest qualification is a PhD in mathematics, and you're an idiot.

      You deride IQ tests, but hold up your own as a sign of intellect. That does not sound very bright to me. Precision is a quality of instruments, accuracy is the quality of being precise. Accuracy is nothing without precision. A PhD in math would know that. Further, people with PhD's rarely make 90k.

      I'll side with Occam's razor and claim you are full of shit.

    9. Re:Polygraph by physicsphairy · · Score: 1

      If you have a large applicant pool (which I believe is true for the FBI) false positives are not a concern. It's only false negatives which they would actually fret about.

    10. Re:Polygraph by Austerity+Empowers · · Score: 1

      Oh, and I am Young Earth Creationist.

      In that case I think you confused your IQ with your SAT score?

    11. Re:Polygraph by Artifakt · · Score: 5, Interesting

      What's an ideal IQ? 200? 500? The scale is open ended at the top, and even a perfect score on different tests equates to a different maximum.

        Plus, I'm pretty sure that your "less than ideal" would apply to some of the most brilliant people in history (James Clerk Maxwell, estimated IQ 115 (note that people who achieved something that applied to practical discipline, such as engineering or medicine, seldom did it nearly as early as precocious musicians and novelists, and so are always estimated lower unless the estimater includes a fudge factor. Mozart gets estimated much higher than Beethoven without that, because he started at 6, not 22. The way the fudge factor is calculated is to simply set both those great musicians to an (apparently arbitrary) 165, and adjust for age of first composition based on that ratio in calculating other historic musicians scores - this makes Wagner among the very elite, and Bach only 'fair to middlin').
                Or try Charles Darwin, and Copernicus, both estimated IQ 160, (The same score, as Dolph Lungren's actual test results). President Bush (41) scored a 98 - his son Bush (43) scored 125. Steven Hawking scored "only" 160, same as the estimated score for Einstein - both are eclipsed by actor James Woods and John Sunnunu (180 actual score each)
                President Carter scored at least 10 points above any other president or presidential candidate of the 20th or early 21st centuries, and of the current crop, Hillary Clinton is 5 points lower than Carter, but still beats everybody else that has shown any interest in running this time by at least anoher 10 points.

      So I'm going to take this oportunity to deride the test - look maw, I'm a hipster!

      --
      Who is John Cabal?
    12. Re:Polygraph by PPH · · Score: 1

      Perhaps the are looking for people who can beat a polygraph. And lie on the witness stand.

      --
      Have gnu, will travel.
    13. Re:Polygraph by pitchpipe · · Score: 1
      Right?! The FBI is essentially saying,"To determine if you are bullshitting us, we're going to send you to this bullshit artist who will then proceed to try to out-bullshit you."

      Makes sense.

      --
      Look where all this talking got us, baby.
    14. Re:Polygraph by The+Ickle+Jones · · Score: 1

      Yeah, because that sort of attack on someone you don't even know will definitely debunk someone's arguments. How intelligent of you.

    15. Re:Polygraph by The+Ickle+Jones · · Score: 1

      You deride IQ tests, but hold up your own as a sign of intellect.

      Wow, you really can't win no matter what you do, can you? If you don't mention your IQ (or admit that yours isn't that great) and you bash IQ tests, retards will say that you're just bashing IQ tests because you have a low/mediocre IQ. If you do mention you have a high IQ and bash IQ tests (logical, since you're not necessarily saying that it means you're intelligent), then idiots will criticize you for attacking IQ tests while supposedly holding up your own as a sign of intellect.

      I take it as, "I could pretend I'm superior because I have a high IQ, but I'm above that and I know IQ tests are nonsense." But whatever.

    16. Re:Polygraph by dbIII · · Score: 1

      Then what on earth are they useful for other than something to boast about or a lazy HR sorting technique? The scores apparently vary greatly with the same individual - your IQ goes up an amazing amount just by doing a few IQ tests in a row.

    17. Re:Polygraph by l0n3s0m3phr34k · · Score: 1

      I love Dolph, didn't know his IQ was that high...when the scripts let him, his barely-concealed sarcasm is awesome.

    18. Re:Polygraph by Anonymous Coward · · Score: 2, Interesting

      The ideal IQ is 100. That's what the world is built for.

    19. Re:Polygraph by dbIII · · Score: 1

      Nice little insult but I've never been tested. It had been debunked by the time I went to school in the 1970s, but I suppose it stayed on as some sort of fad where you live. File it with ley lines, crystal healing and so on as a relic of stuff pretending to have meaning from the 1960s.

    20. Re:Polygraph by houghi · · Score: 1

      That is because they only use 10% of their mind. And we have the E-meter to prove it.

      --
      Don't fight for your country, if your country does not fight for you.
    21. Re:Polygraph by Cassini2 · · Score: 2

      False positives create selection bias. A polygraph detects people that are *nervous about there lies*. It won't detect the unaware and clueless, because they do not know they did anything wrong. Most people download songs to their iPhone, and assume it is legal. The polygraph not detect people that assume they are innocent. On the other hand, some people lie all of the time. A sociopath will pass the lie-detector test because they don't believe they are lying, and one person in 25 is a sociopath.

      These problems have already been encountered in the preemployment screening industry. This is one of the less biased artlicles. To quote:

      One recent study found faked answers for one quarter to one half of the applicants.[44] So how can employers who want to use personality or EQ tests in their selection process mitigate against the risk of applicant faking? Counter-measures to faking include the test and retest approach to see if an individual is consistent in their answers, or asking questions that require quick responses.[45] But counter-measures to faking may result in less reliable and valid results since some tools used to detect faking do not work well.[46]

      Bluntly, if your goal is to hire people that have done no wrong, then chances are that your hires have either lied to you, or are too clueless to realize their mistakes. Either way, it is really bad for the employer, especially if the employer is the FBI.

    22. Re:Polygraph by GlenRaphael · · Score: 2

      > President Bush (41) scored a 98 [...]

      You've been fooled by at least one hoax. Somebody invented a collection of "presidential IQs" in order to claim Democrats are smarter than Republicans. There is no evidence for several of the values you give, including specifically that score of 98. Here's the debunk:

      http://www.snopes.com/inboxer/...

      --
      I play Nerd-Folk!
    23. Re:Polygraph by 91degrees · · Score: 1

      What's an ideal IQ?

      I'd assume it is an IQ that people would consider to indicate they're as smart as they think they are.

      What does an estimated IQ even mean? Is this estimated according to an average of contemporary intelligence levels, or the average intelligence at the time? Because we're a lot smarter than we were a century ago.

      I suspect the estimated IQs are actually a load of rubbish. Academics tend not to have substantially higher IQs than engineers, legal experts, or medical professionals. There's a certain correlation between IQ and academic success but since there's a spread of 30 or so points between the second and fourth quartile I doubt you can really estimate with any sort of accuracy.

    24. Re:Polygraph by penguinoid · · Score: 1

      My IQ is 54 points higher, net earnings 45% higher, Oh, and I am Young Earth Creationist.

      Well, it may interest you to know that no scientist who pretends to believe creationism, actually believes it. If they did, you could tell because of the research they would do (which would then be published in a prestigious journal and convert almost all scientists to creationism). Here's some of the things they're not looking into:

      Creationism (literal reading of Genesis) makes the following predictions:

      Living things predicted to look like they were intelligently designed, and then cursed.

      Population bottlenecks in all land animals 4000 years ago, down to population size 1 pair for all unclean land animals, and 7 for clean land animals. For humans, population bottleneck down to a population of 1 man and 4 women, one of whom did not pass on her mitochondria. (Genetically, Noah’s children count as the DNA from Noah and his wife, unless they were born of adultery)

      Ancient oceans predicted to look like 2000 years of marine life, plus a year’s worth of catastrophic flood sediment, plus 4000 years more. Ancient land predicted to look like 2000 years of all modern land flora and fauna, covered with a year’s worth of catastrophic flood sediment and marine life, plus 4000 more years. Unknown effect on land plants and salt and freshwater aquatic organisms.

      Predict large layer of sediments and fossils in an arrangement consistent with a single catastrophic flooding. In particular, fossils in this layer should consist of a mix of all modern species sorted by Flood. The clearest predictions could probably be concerning microscopic fossils, palynology, since they’re basically dust and should behave more predictably than complex organisms, and exist in large quantities.

      All of these things would leave a mark detectable to this day, so how come they're too busy to study these things? The answer is, creationism is about giving people a reasonable sounding explanation. Meanwhile science is about making accurate and precise predictions about the real world.

      --
      Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    25. Re:Polygraph by Meeni · · Score: 1

      Yes: money :)

  3. does streaming porn count? by ThorGod · · Score: 1

    I mean it exists in a legal grey water, I think. I'm talking about sites like pornhub.

    --
    PS: I don't reply to ACs.
    1. Re:does streaming porn count? by Noah+Haders · · Score: 3, Informative

      I found one weird trick to stream every GoT episode from bing videos - search for "game of thrones". Seriously. it's so stupid how MS is so viciously focused on licenses and piracy on one hand, but on the other hand in a mad scramble to catch up to youtube will stream all manner of ripped tv shows, movies and pr0n. It's a seriously sketchy place.

    2. Re:does streaming porn count? by Zuriel · · Score: 2

      What? That's not stupid at all. Microsoft is focused on licenses and piracy when it's their shit and don't care about anyone else's. That's perfectly logical. Same as the musicians you hear about illegally copying graphic art.

      It makes them hypocrites, not stupid.

    3. Re:does streaming porn count? by Noah+Haders · · Score: 1

      it makes me less sympathetic when they say waa waa waa piracy

  4. FBI has no clue by Spy+Handler · · Score: 3, Insightful

    I suspect this will be quietly dropped in the near future when they see their supply of young recruits dwindle to nothing.

    1. Re:FBI has no clue by bughunter · · Score: 5, Insightful

      No. It will dwindle to include only young sociopaths who can fool a lie detector.

      --
      I can see the fnords!
    2. Re:FBI has no clue by rahvin112 · · Score: 2

      You don't need to be a sociopath to beat a "lie detector". They are incredibly easy to "fool", not that there is anything to fool anyway because they aren't worth anything. Their only value is a that people think they do work because of all the propaganda and they convince people to submit to questioning without a lawyer present that they otherwise would never agree to.

      They don't allow lie detectors to be used in court for precisely that reason, they are utterly unreliable.

    3. Re:FBI has no clue by StripedCow · · Score: 1

      What's next?

      FBI Says It Will Hire No One Who Lies About Masturbating

      --
      If Pandora's box is destined to be opened, *I* want to be the one to open it.
  5. So... by fuzzyfuzzyfungus · · Score: 5, Insightful

    Am I out of consideration if I refer to the polygraph as 'truth dowsing' while it is being administered? How about asking if it can detect witches?

    1. Re:So... by fahrbot-bot · · Score: 1

      Am I out of consideration if I refer to the polygraph as 'truth dowsing' while it is being administered?
      How about asking if it can detect witches?

      No. For that the FBI simply checks if you float or sink in water.

      --
      It must have been something you assimilated. . . .
    2. Re:So... by sconeu · · Score: 1

      I figured they just put you on a scale against a duck.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    3. Re:So... by Chris+Mattern · · Score: 1

      That's how they find out if you're made of wood.

    4. Re:So... by rmdingler · · Score: 1
      yes. My favorite response is a turn of the hand to look at the phantom wristwatch...

      What time is it?

      --
      Happiness in intelligent people is the rarest thing I know.

      Ernest Hemingway

    5. Re:So... by Pfhorrest · · Score: 1

      But if you're made of wood, then you float in water, and are therefore a witch. Duh.

      --
      -Forrest Cameranesi, Geek of all Trades
      "I am Sam. Sam I am. I do not like trolls, flames, or spam."
    6. Re:So... by Rich0 · · Score: 1

      Am I out of consideration if I refer to the polygraph as 'truth dowsing' while it is being administered? How about asking if it can detect witches?

      That would show that you have a brain, but it would probably get you disqualified. Polygraph examiners in general give disfavorable reviews of anybody who questions the technology, or for that matter anybody who even shows any kind of knowledge about it. After all, the only reason somebody who isn't a polygraph examiner would know something about a polygraph is if they are trying to deceive the examiner.

    7. Re:So... by codeButcher · · Score: 1

      But if you're made of wood, then you float in water, and are therefore a witch. Duh.

      So what's one more log on the fire?

      --
      Free, as in your money being freed from the confines of your account.
    8. Re:So... by DiEx-15 · · Score: 1

      Am I out of consideration if I refer to the polygraph as 'truth dowsing' while it is being administered? How about asking if it can detect witches?

      You'll probably be burned at the stake for being a heretic or just for the fuck of it.

  6. NSA are most egregious downloaders by 101percent · · Score: 4, Funny

    Guess they can't reach out to the NSA for candidates.

    1. Re:NSA are most egregious downloaders by NotInHere · · Score: 1

      And they lie about it.

  7. The irony is off the charts by sideslash · · Score: 5, Insightful

    The FBI and other TLAs are constantly engaged in illegal downloading of the private information of Americans. How ironic that they're so anxious to recruit only people who have never committed the very types of "crimes" they're being hired to do. What, do they find it cheaper to train beginners than to hire someone already experienced in the job? (I wish this post was purely a joke.)

    1. Re:The irony is off the charts by QuasiSteve · · Score: 1

      How ironic that they're so anxious to recruit only people who have never committed the very types of "crimes" they're being hired to do.

      I don't know if they wouldn't hire people who have downloaded some songs from an illicit source or whatever - maybe they don't. Their potential employee pool would sure be rather small, though.

      However, the article seems to suggest that they're asking this question, and if you are caught lying in your answer to that question, that you are then ineligible to apply for a position with the FBI. Ever.

      Based on that information, you could certainly say "yes, I've downloaded maybe 20 movies until I got Netflix and probably about a dozen albums back in the day", and as long as that's the truth.. well.
      ( Setting aside the discussion about polygraph testing accuracy etc. )

    2. Re:The irony is off the charts by mike449 · · Score: 5, Insightful

      They are looking for people who will do anything their superiors tell them to do. This particular bit is about finding people who don't do stuff the authorities declare illegal. This is all about obedience, not about "not doing illegal stuff".

    3. Re:The irony is off the charts by jd659 · · Score: 1

      Or you can say: "There's no federal law making any downloading illegal"

      --
      There's no such thing as "illegal download"
    4. Re:The irony is off the charts by rmdingler · · Score: 1
      Or:

      If you're graduating college, their prime recruiting age, and you say you've never illegally downloaded anything they assume you're a bloody fscking liar.

      --
      Happiness in intelligent people is the rarest thing I know.

      Ernest Hemingway

  8. Re:Ok, but by sideslash · · Score: 4, Informative

    Then they won't hire you.

  9. Sweet, online enforcement is going out of business by DMJC · · Score: 1

    I guess with criteria like that, the FBI isn't going to have a cybercrimes division. Awesome. Seriously though, where the hell are they going to find people with IT skills who match these ridiculous criteria. The definitely won't be pulling the best and brightest of computer hackers.

  10. Polygraph by the+eric+conspiracy · · Score: 3, Insightful

    I thought polygraphs were most notable for giving a lot of false positives.

    That's really not such a bad characteristic for security clearances.

  11. It's Not Unexplored by hduff · · Score: 1

    Lie detectors themselves have been proven time and time again to be utterly unreliable in actually detecting lies.

    --
    "I believe in Karma. That means I can do bad things to people all day long and I assume they deserve it." : Dogbert
    1. Re:It's Not Unexplored by Anonymous Coward · · Score: 2, Insightful

      They are used not to detect truth or lies, they are used as a tool of intimidation. It is a high tech corollary to the bright light shone in the face of someone being grilled in the police interrogation room.

    2. Re:It's Not Unexplored by Zancarius · · Score: 1

      I'll leave this here.

      --
      He who has no .plan has small finger. ~ Confucius on UNIX
  12. Also left unexplored... by macraig · · Score: 2

    ... is whether "piracy" is actually stealing much less criminal.

    1. Re:Also left unexplored... by Payden+K.+Pringle · · Score: 2

      Indeed.

      >personal rant

      The issue of piracy is complex, and personally, I am a pirate. However, I acknowledge that it is evil, but I consider it the lesser of two evils. And I sincerely believe each action is relative.

      To clarify, I'm not going to pirate a $1 song from some indie artist. However, the same may or may not be true from much larger artists with larger libraries. Simply because I realize they are probably going to be rich regardless due to large numbers of people actually buying there stuff. That's what I mean by relative.

      And sure, in the absolutist sense both are still wrong. However, I consider it even more wrong to support an industry that is set up to screw over the consumer. And I consider every single digital media generating industry set up that way because they are based on copyright laws that are broken in some way or another.

      Sure, piracy has been known to be pretty good advertisement, so it's still supporting if I enable that (I don't), but the sheep are gonna buy the stuff anyway, so I consider that irrelevant both to my situation and to the general issue to begin with.

      Personally, I wish the world were perfect, where people created media as a hobby, and (thanks to the Internet) everything was crowd-sourced and thereby, free. The potential would be massive then. Oh well, idealism.

      And honestly, I think the sheer number of pirates are a symptom and not the problem (the problem being copyright laws and how we handle media in general). And I alike it to those strange laws that if you did indeed break them, nobody would care because they realize they are stupid. I imagine the number of pirates that get jailed for piracy VS the number that exist & known about by authorities is around 1%. When the precedent says no one cares or even has the potential to do something about it (due to sheer numbers), I too fail to care.

      People may disagree. They do that. /personal rant

    2. Re:Also left unexplored... by The+Ickle+Jones · · Score: 1

      And sure, in the absolutist sense both are still wrong.

      Right and wrong are subjective. There is no "absolutist sense," unless you believe in some sort of magical sky daddy or mysterious magic force.

      However, I consider it even more wrong to support an industry that is set up to screw over the consumer.

      So don't buy it and don't infringe upon people's copyrights, since you believe both are wrong.

    3. Re:Also left unexplored... by Payden+K.+Pringle · · Score: 1

      Then there is an absolutist sense for me (that's why I mentioned it).

      No. In a digital age, I find it absurd that people (particularly me) are kept from experiencing content that they enjoy, and more importantly, can learn from or grow as a person. I find that unreasonable to ask of me.

      Basically, I'm acknowledging that the system is fubared and that I'm actively choosing an option that would normally be detrimental to the system, but because of it's state, is the only reasonable, acceptable option imo.

      I live by Occam's Razor. Not sure how, but I learned to do that anyway before I knew it was a thing. My options being: 1. purchase the content. 2. Pirate the content. or 3. don't get the content.

      1 is unreasonable because it feeds the problem, and is detrimental to me (content is overpriced, which is a symptom of the problem).
      3 is unreasonable for the aforementioned reasons about availability.

      So I'm left with 2 which is the most reasonable even if it's not the best possible choice (i.e. in a perfect world).

    4. Re:Also left unexplored... by cpt+kangarooski · · Score: 1

      The issue of piracy is complex, and personally, I am a pirate. However, I acknowledge that it is evil, but I consider it the lesser of two evils. And I sincerely believe each action is relative.

      Suppose that you live in a place with a zoning code that requires each house to have a white picket fence. You paint your fence black. Is that evil? I would suggest that that law is probably amoral. It may be useful for some reason, or not, but one color of fence is not more or less evil than another color.

      Copyright is the same sort of deal. It's meant to be an economic incentive to get authors to create and publish certain works, for the benefit of the public. Violating it may be selfish and may be self-defeating in the long run, but it's not evil, and copyrights and respecting copyrights are not morally good. Copyright is entirely utilitarian.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    5. Re:Also left unexplored... by Payden+K.+Pringle · · Score: 1

      You are right. I suppose I value whether something is evil or not in if it negatively affects another person. That's why I mentioned the absolutist sense.

      i.e. me pirating some album from some rich celebrity still negatively affects that celebrity (since me not buying it means they don't get more money), but they are already rich so a single $20 album purchase is negligible in my eyes, but that doesn't change the fact it affects them, just whether it affects them in a way I reasonably care about or not.

      So yes, it's amoral generally, but for my personal moral compass it is a lesser evil. Because I'd rather their music be a reasonable price and available to me so I can buy it without breaking laws that are arbitrary in my view. Idealism, again.

    6. Re:Also left unexplored... by cpt+kangarooski · · Score: 1

      i.e. me pirating some album from some rich celebrity still negatively affects that celebrity (since me not buying it means they don't get more money)

      In that case, you not buying it because you don't like it equally negatively affects that celebrity, because whatever the reason you don't buy it, they don't get more money.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    7. Re:Also left unexplored... by Payden+K.+Pringle · · Score: 1

      True. They both affect the celebrity equally, but in one instance, I follow the rules and get the benefit of keeping my money. In the other, I do something illegal and and get to keep my money *and* I get the media.

      I suppose the difference for me is that although both have the same effect on the celebrity, I have a right to one (my money, my choice), while the other, I don't.

      Which leads me back to why I consider it acceptable to pirate in this situation. The laws that say it's illegal to do so are broken, barely enforced (by percentage), and generally asinine in a digital age, imo. So me breaking the law is irrelevant/negligible in my eyes, while the negative regarding the celebrity will happen either way because I'm not buying it with my money. So in that situation, in my eyes, pirating isn't different from not buying the song, except in that I don't get the media. ... So if there's no difference except that I don't get to experience what I enjoy, why wouldn't I pirate?

      And I suppose regarding the "Is it evil/wrong?" discussion, if we are to assume (wrongly, but still) that the laws represent the people in the USA, then violating them is breaching our social contract that has been set up. In that instance, I would say it's wrong. However, since the laws don't represent the people accurately, I still consider it wrong in that it breaches our social contract (with the corporations, but still), but don't really care because every other choice is unreasonable or what I constitute as worse in terms of my moral compass.

      Note: Evil was probably too strong a word. I just used that instead of "wrong" because I was saying "lesser of two evils" and wanted it to go together.

    8. Re:Also left unexplored... by The+Ickle+Jones · · Score: 1

      I suppose the difference for me is that although both have the same effect on the celebrity, I have a right to one (my money, my choice), while the other, I don't.

      Sounds like you're appealing to law here. To me, whether it's illegal or not doesn't make the slightest bit of difference, since you acknowledged that in either situation, the effect on the person remains the same. Why would the legality change anything? It's just a fallacy.

  13. Re:Ok, but by Guspaz · · Score: 5, Insightful

    So basically the FBI is only hiring people over the age of 50?

  14. Calling all Luddites by Anonymous Coward · · Score: 2, Insightful

    In my experience, about 99% of videos on Youtube and images on Google image search have been illegally published without the rights holder's permission, so I guess they have to further restrict their applicants - good luck finding recruits that have never used those - maybe try the Amish?

    1. Re:Calling all Luddites by Coffeesloth · · Score: 1

      Good point. I would just answer truthfully "Yes I have downloaded books, movies, and music. Doesn't everyone that has a kindle, netflix, or itunes account do that?"

  15. Re:Sweet, online enforcement is going out of busin by bughunter · · Score: 1

    That was my thought. They're going to make themselves even MORE out of touch with even MORE of the various American subcultures.

    --
    I can see the fnords!
  16. FUCK the FBI. They are not your "friend". by Anonymous Coward · · Score: 1, Insightful

    Anyone who doesn't understand the function of the FBI is a naive idiot.

    The FBI exists to preserve the power of those in power.

    The FBI doesn't give a damn about an average person.

    Anyone who would work for such an organization deserves
    the most extreme derision possible. I'd shit on you if could.

  17. Re:Ok, but by DoomSprinkles · · Score: 1

    Over 50 and straight edged boy scout

  18. Re:I'm at peace with it by Joe_Dragon · · Score: 1

    I downloaded a TV show that was on Canadian and did not show up on US till about 1 year later.

  19. yes, they people who follow the law/ rules by raymorris · · Score: 4, Insightful

    > Of course, if all they want are upper middle-class drones who follow every rule that has ever been made, just because it's a rule, then I suppose this is effective.

    You can drop the "upper middle class" part, as this is about following the law. Full stop.
    The FBI and especially the intelligence services will tell you that they very much try to hire people who follow the law and other rules. In some cases, being sloppy about following the rules can have huge consequences. So they lool for military people and people from certain social groups who culturally tend to follow the rules.

    The irony of that is obvious.

    As to "just because they are rules" -
    Not that we need to debate it, and you'll probably never give up your excuse for taking stuff without paying for it, but my family and coworkers have been greatly harmed by the seachange shift to a culture of most people taking what they want illegally rather than paying the 99 cents to buy it from those of us who create it. The rule that what I create with my own hands os mine to give away, trade, or sell exists for a very good reason. Yes, it does mean that app or song I spent a year working on will cost you a whopping $1, but that's just how it is. (Coming from a guy whose daughter would be MUCH better taken care of if everyone who uses my software regularly had paid a dollar for it. Buying another candy bar is more important than doing the right thing, though. )

    1. Re:yes, they people who follow the law/ rules by king+neckbeard · · Score: 5, Insightful

      Oddly enough, they seem to ignore all the rules about constitutional limits to their powers, except perhaps for telling a lawyer so he can spin a way that it can be argued to not be breaking the law. Failing that, he'll find a way to pin it on somebody unimportant or already in hot water. And then there's just run of the mill corruption, abuse, and incompetence. They seem to select for a particular mindset far more than they select for moral superiority and genuine respect for law.

      --
      This is my signature. There are many like it, but this one is mine.
    2. Re:yes, they people who follow the law/ rules by Iamthecheese · · Score: 1

      Most piracy does not represent lost sales, but sales that never would have happened. In fact I would bet that piracy tends to make money for less well-known producers of content.

      --
      If video games influenced behavior the Pac Man generation would be eating pills and running away from their problems.
    3. Re:yes, they people who follow the law/ rules by craigtollting · · Score: 2

      You can say it's 99 cents, but this year alone I've probably downloaded about 1500 songs from a private music torrent site. The majority of them, maybe 60-70%, I delete after listening, because it was listening on a trial basis and I just wasn't into whatever I was checking out.

      As a kid, I spent ~$15 per CD on way too many CDs with one good song and 9 shitty ones. Everyone has different justifications for using bittorrent; that's one of mine. I still go to shows, knowing that the artists keep a good chunk of that revenue for themselves, unlike CD and iTunes sales, where all but the Top 5 Acts in the World get almost nothing from that revenue. That's another rationalization on my part, sure, but i'm pretty damn comfortable with it.

      And look around - 15+ years after Napster, music is still being made. One could argue that the variety of acts available is bigger than ever. And the only thing different is that today's Madonna's and Metallica's no longer get $100 million record deals; they just make their $100 million touring. I'm okay with that too.

      No one has made any convincing argument to me yet as to how downloading is going to kill music and put good musicians in the poorhouse. I'm all ears.

    4. Re:yes, they people who follow the law/ rules by Vellmont · · Score: 2, Interesting

      . The rule that what I create with my own hands os mine to give away, trade, or sell exists for a very good reason.

      And what's that reason? Not everyone agrees about imaginary property Ray. The concept is rather new. You're free to disagree, but the world is changing and as information is so easy to copy fewer and fewer people are seeing things your way. I don't really know anyone that really thinks you're a criminal if you share a TV show with your friend for instance. TV is already valued at approximately $0, since it's been free for so long. You seem to have an attitude that laws and cultural values are set in stone rather than the amorphous and variable concepts that they actually are.

      These sorts of laws are cultural ones, and the culture is changing. It's not exactly clear what's going to happen with copy written property, but a good many people don't see it your way. That tends to change laws. 30 years ago it was unimaginable that marijuana and gay marriage would become legal, but the culture changed and now it's inevitable they'll both be legal in all 50 states. Are you prepared if copy write laws are reformed in another 30 years?

      --
      AccountKiller
    5. Re:yes, they people who follow the law/ rules by WaffleMonster · · Score: 1

      You can say it's 99 cents, but this year alone I've probably downloaded about 1500 songs from a private music torrent site. The majority of them, maybe 60-70%, I delete after listening, because it was listening on a trial basis and I just wasn't into whatever I was checking out.

      One good song is priceless to me. Once discovered 99 cents on Amazon for a DRM free no strings attached song is a price I happily pay. What more do we want/expect? Seems extraordinarily fair to me.

      While there are plenty of verticals in the content space with fucked up markets music isn't one of them anymore.

      And the only thing different is that today's Madonna's and Metallica's no longer get $100 million record deals; they just make their $100 million touring. I'm okay with that too.

      While my touring experience is limited to rockband I strongly suspect 100 mil tours only work for a select few.

    6. Re:yes, they people who follow the law/ rules by raymorris · · Score: 2

      The 1500 you deleted don't matter. The 30 you kept and enjoy on a regular basis are the ones you would have paid for ten years ago, and you're ripping off the artist, the editor, the producer, the guitar tuner, the studio tech, and the studio musicians when you don't throw in your $1 for that song you keep because they brought you joy through their hard work.

      When an album was $15, it could be hard to fork over $15 to get mainly one song you wanted, with ten others thrown in. Now that it takes one click to buy a non-DRM mp3 for one measly dollar, you're just being a dick. You're enjoying the song, repeatedly. Toss a friggin dollar in the jar.

    7. Re:yes, they people who follow the law/ rules by Zontar+The+Mindless · · Score: 1

      You mean "copyrighted".

      --
      Il n'y a pas de Planet B.
    8. Re:yes, they people who follow the law/ rules by The+Ickle+Jones · · Score: 1

      The rule that what I create with my own hands os mine to give away, trade, or sell exists for a very good reason.

      Indeed. Private property is very important. ...Oh. You're trying to say you should be able to control what sort of information other people send and receive with their *own* private property, to the detriment of free speech and private property rights. I see. Well, not gaining something is indeed the same as losing something. Truly flawless logic.

    9. Re:yes, they people who follow the law/ rules by bkmoore · · Score: 1

      You can drop the "upper middle class" part, as this is about following the law. Full stop. The FBI and especially the intelligence services will tell you that they very much try to hire people who follow the law and other rules.

      So they should never hire anyone who has ever driven faster than the legal speed limit? (55 mph in the not-so-olden days) People bend the rules all the time and usually aren't even aware they are until they're caught. That's normal human behavior. There are so many Federal criminal laws, nobody's even sure how many there are. We probably all violate at least one federal law in the course of a normal day.

    10. Re:yes, they people who follow the law/ rules by cpt+kangarooski · · Score: 1

      The rule that what I create with my own hands os mine to give away, trade, or sell exists for a very good reason.

      And what reason is that, pray tell?

      Fyi, it's copy right - the right to copy. Please feel free to lecture me about the history after you at least learn what it's called.

      Actually, copyright is the right to prohibit other people from making copies, as well as from doing some other things, but that's not precisely where the name originates from.

      The right to make copies is the right of free speech, and it inherently exists in everyone, and applies to everything. I'm not Shakespeare, and I don't have a copyright on his work, but I can make copies of his plays by exercising my free speech right.

      Clearly, what you do is not copyright law. Arguing copyright law with you would be like arguing international monetary policy with a second grader.

      I am not Vellmont, the poster to whom you were replying earlier, but I am a copyright lawyer, and there's nothing I like more than arguing about copyright law. Seriously, it's an actual hobby for me, not just a job.

      I'm not doing it anymore

      That's an acceptable outcome.

      Copyright isn't meant to maximize creation and publication, nor is it meant to benefit all authors. Rather, it is meant to maximize the public benefit enjoyed by both on the one hand maximizing creation and publication of works that would not be created and published but for copyright, but also on the other hand, minimizing protection so that works are in the public domain as rapidly and as fully as possible.

      I would love to sculpt the Moon into a piece of art, but the amount of copyright I'd require to make it economically worth my while is tremendous. Our society, through our government, appears to have decided that we are all literally better off without me doing it, given what I would require from everyone. I'm still free to do it at my own expense, for less reward than I deem necessary, but no one is obligated to cater to my needs, and no one does. And that's acceptable, just as it is in your case.

      Much, though not all, piracy indicates the level of copyright that we ought to have, and if that is too little to sustain you, then that's an acceptable consequence. If it turns out that you're too important to let go, people will willingly choose to respect copyright more in order to do that.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    11. Re:yes, they people who follow the law/ rules by raymorris · · Score: 1

      > problem is that some people will lack nuance in their understanding of the issues. As such, seeing what they perceive as unjust ________ laws, they may disregard all

      Or in my case, disregard the ones that are inconvenient to my (selfish) wants.
      Of course anyone could imagine a law that should be disobeyed. In the real world USA, most laws aren't of that type - they are more or less reasonable. Some more, some less, but all reasonable enough to survive the electorate. Then we're each faced with a question- what is our default action to be?

      Some of us ignore rules by default, only following the ones that we understand and have internalized. That group tends to learn the hard way why there's a rule against each thing. "Don't screw your neighbor's wife", the rule says. Our friend has to try it out for himself, and gets a beating delivered by the neighbor. My friend Lonnie follows rules by default, figuring that most rules are there for a reason, and following them has worked well for him over the last 50 years.

      Then a lot of us are in the middle, like me. We follow rules unless we can justify not following them. The neighbor's wife is separated from her husband (and she's really hot) so it's okay for me to sleep with her. I fall for her and that's when I find out that they separated because she's crazy and he's violent. They want to get back together and now I'm in the middle of crazy chick and violent dude. I find that when I justify why I don't need to follow the rules this time, the justification I tell myself and you often has less to with it than me simply wanting to fulfill my selfish desires, and coming up with an excuse to do.

      Ps - yes copyright terms are ridiculously long.

    12. Re:yes, they people who follow the law/ rules by Registered+Coward+v2 · · Score: 1

      . The rule that what I create with my own hands os mine to give away, trade, or sell exists for a very good reason. And what's that reason? Not everyone agrees about imaginary property Ray. The concept is rather new. You're free to disagree, but the world is changing and as information is so easy to copy fewer and fewer people are seeing things your way.

      It's about time too. Far too many people think because they take two minutes to add some code to a program they have some sort of right to control its distribution. Gold code, for example, costs nothing and thus has zero value yet some folks seem to think it is ok to force you to share any changes you make if decide to distribute the results. Since it is imaginary property and they lose nothing by your distributing it it's about time the GPL takes it's rightfully place in the dust bin of history.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    13. Re:yes, they people who follow the law/ rules by craigtollting · · Score: 1

      That was exactly my point, and why I don't give a shit about denying the record companies their previously ridiculous profit margins. It seems you both agree with me on that score.

  20. Nuance by Egg+Sniper · · Score: 1

    Of course, a brief, public overview is going to lean towards zero tolerance. There are plenty of legal grey areas, and most folk aren't fully versed in copyright law nor would they knowingly violate such laws even if they might casually do so unknowingly. People in law enforcement know full well that absolute purity in the eyes of the law is very rare, and also strange. If they have a large enough applicant pool that they can take the rare ones who are both exceptionally qualified and squeaky clean, that's great, but otherwise I'm sure they'll bend a bit.

  21. Comment removed by account_deleted · · Score: 5, Insightful

    Comment removed based on user account deletion

  22. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  23. If Jesus comes backs by zoffdino · · Score: 1

    I wonder if the FBI would hire Jesus when he comes back. They are hiring no one but saints.

  24. Re:Ok, but by alen · · Score: 5, Informative

    they will probably hire you. it's like a military security clearance. they don't like it when you lie to them, but they are OK if you admit wrongdoing.

  25. Re:Bahahahaha by Anonymous Coward · · Score: 1

    Don't lie then.
    When I joined the military I admitted to occasional drug use. I still got accepted and went on to be a reactor operator on a submarine with a secret clearance.

    Integrity is very important and some places put that higher than other characteristics. If you are willing to lie about downloading music, what else are you willing to lie about. Where to YOU draw the line on what is acceptable to lie about and what is not. They choose ZERO lies, at least on an initial interview? Separately we can argue the merits and accuracy of a lie detector test, the general purpose and function of the FBI, and even the meaning of life but none of that changes the fact they don't want people willing to lie. I'd like to apply that test to all elected government officials myself but...

  26. Terribly flawed method by DoomSprinkles · · Score: 1

    From a reliable source I can also say that you can fail out from reasonable mistaken discrepancies. You see, tbe length of tbe questionarre is no coincidence. They dont want you to be able to recall what you put down as an answer originally and if you originally said you had moved 4 times in the last 10 years and during the poly you remembered a 5th move, and simply just forgotten originally, and you later say 5.... will easily disqualify you. Their method is flawed and im sure they've disqualified potentially amazing would-be agents over ridiculously stupid technicalities.

  27. Re:Excellent by JimSadler · · Score: 1

    This program sounds like a bluff to me. You are correct in that no one would meet the hiring criteria.

  28. SubjectsInCommentsAreStupid by lesincompetent · · Score: 4, Insightful

    Default on student loans? Sickening.

    1. Re:SubjectsInCommentsAreStupid by ChrisAshcroft · · Score: 1

      Just because you default on student loans really doesn't mean much towards falling into bribery... I see it as much more of a class based issue. Come from a rich family, small chance of defaulting, but come from a lower middle class or below family and your chances of that happening are much more common. The very rich are the ones who seem to care less for people in general and seem to care mostly about themselves and willing to do whatever it takes to one-up themselves over the next person.

      It really is a bit sickening that the FBI could use just that as a deciding factor, there may be a very good reason why that had happened, just look at the current economy and the massively increasing amount of student loans. Throw in some unforeseeable expense that comes along and you have a default on their loan. A medical bill alone can cause financial ruin in this country for an entire family.

    2. Re:SubjectsInCommentsAreStupid by chihowa · · Score: 1

      The focus on the very rich is really a focus on people with a vested interest in preserving the status quo. People who have been, or feel like they have been, screwed over by "the system" are less likely to be well behaved cogs in that same system. Also, people who think that they've outsmarted the system by sloughing off their debts are less likely to think that the system is working for them and their interests. It's less about circumstances and more about the mindset of potential recruits.

      --
      If you want a vision of the future, imagine a youtube comments section scrolling - forever.
    3. Re:SubjectsInCommentsAreStupid by balbus000 · · Score: 1

      Default on student loans? How do you do that?

      I was under the impression that it was practically impossible to get rid of that debt.

  29. Re:Ok, but by radtea · · Score: 5, Funny

    Over 50 and straight edged boy scout

    I'm over 50 and used to be a boy scout. I don't smoke, drink very moderately, help little old ladies across the street, recently came to the assistance of a young woman who was in a physical altercation with her boyfriend (which turned out to be her attacking him, but I didn't know that 'til I got involved) and just today used my pocket knife (which I carry because I was a boy scout) to help an elderly man deflate a beach ball he and his grandson had been playing with (by prying out the extremely stuck plug, not stabbing it.)

    And I illegally downloaded a movie last night (there were extenuating circumstances, but still...)

    So I'd say the FBI is going to be restricted to Amish who were too wasted during their rumspringa to download anything.

    --
    Blasphemy is a human right. Blasphemophobia kills.
  30. Is it okay if I answer in terabytes? by eddy · · Score: 1

    "Are we including porn? Many, many terabytes."

    --
    Belief is the currency of delusion.
  31. Re:Sweet, online enforcement is going out of busin by YouGotTobeKidding · · Score: 1

    They will just not US citizens. This rules are obviously written with H1B's in mind. :P I joke....but seriously when confronted with obviously illegal orders, who is more likely to say "fuck you, that is illegal" and then become a whistle blower A) a smart 'snowden' US citizen or b) "call me sam" from India. Now which would the US gov be more interested in having in their cyber crimes division? Tinfoil hatish, but its the only thing that makes sense with such BS questions that are obviously meant to make it virtually impossible for any US born to 'pass'.

  32. Felony by Etherwalk · · Score: 1

    Copyright infringement has been criminal for a while now--they just very rarely treat it criminally because they have limited resources and it would usually be ridiculous to treat it criminally. Basically you have a felony for what should get a parking ticket.

    1. Re:Felony by jedidiah · · Score: 1

      Copyright infringement becomes criminal depending on triggering circumstances. Otherwise it's a civil tort issue. It's always been this way.

      --
      A Pirate and a Puritan look the same on a balance sheet.
  33. Re:Ok, but by Anonymous Coward · · Score: 1

    Basically, the FBI doesn't hire people who are qualified for the job - only people who have done nothing interesting in their lives.

    As such, expect the FBI to be several steps behind actual criminals, because criminal behavior disqualifies you for their recruitment.

  34. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  35. Apple and Amazon by gnasher719 · · Score: 1

    Apple and Amazon will be surprised to hear that downloading music is stealing. On the other hand, it's fine with the FBI if I lend my backup drive to friends so they can copy my complete collection of music, since clearly this isn't downloading?

    1. Re: Apple and Amazon by KevReedUK · · Score: 1

      I guess that depends on whether you position the backup drive above, or below, the computer during the copying process...

      --
      Just my $0.03 (At current exchange rates, my £0.02 is worth more than your $0.02)
  36. Ominous signs by pellik · · Score: 1

    How many really technologically savvy people have NEVER "illegally" downloaded some form of music or movie? The FBI will have none of those people working for them. While at the same time the next article on Slashdot is about yet another network intruded into for the theft of financial information. Way to go team USA.

  37. RTFA by Anonymous Coward · · Score: 1

    They didn't say they won't hire people who illegally downloaded things. They said they won't hire people who lie about it, all police forces work the same way.

  38. They may still hire you by Etherwalk · · Score: 5, Insightful

    Then they won't hire you.

    They may hire you if you did something illegal and are honest about it. They will not hire you if you did something illegal and lied about it.

    1. Re:They may still hire you by Anonymous Coward · · Score: 1

      They may hire you if you did something illegal and are honest about it. But they will ALWAYS have that over you. They will own you.

    2. Re:They may still hire you by TheGratefulNet · · Score: 2, Insightful

      right.

      you're only allowed to do illegal things and lie about it AFTER you are hired by the fbi.

      does anyone seriously believe that 'law enforcement' is about fighting the good fight and standing up for what is right, anymore?

      I have lost 101% confidence in our system's ability to do what's Right(tm). it seems only the stupid or brainwashed would want to work for the government goons.

      and of course, goons is basically what they have, now, anyway.

      --

      --
      "It is now safe to switch off your computer."
    3. Re:They may still hire you by Nikker · · Score: 2

      Exactly. It's a little convenient that the FBI is spilling the beans when they are about to interview a bunch of interns. They just want to spread the word and turn up the heat on these guys before the big day. I bet a choice few will be sweating buckets behind the desk when the day comes. The chances of them being able to staff more than a hand full of people that have never downloaded a MP3 in the Napster / Bittorrent era is just not going to happen. It's also an advantage of staffing people that know the culture.

      But I digress.... Good luck guys!

      --
      A loop, by its nature, continues. If that didn't make sense, start reading this sentence again.
    4. Re:They may still hire you by Greyfox · · Score: 2

      Yeah. It works like this.

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    5. Re:They may still hire you by pr100 · · Score: 1

      Quite. This is quite normal when you take a job in any government department here in the UK. You're asked about, for example, your criminal record. Fessing up to a conviction won't automatically exclude you from consideration (it depends of course on the job and the crime). But lying about it and then getting found out will always go badly for you.

  39. ONly the insane by AndyKron · · Score: 1

    Who the fuck would ever want to apply for an FBI job? Oh ya, anally insane people.

  40. Re:Ok, but by Anonymous Coward · · Score: 4, Funny

    I have just reported your admission of copyright infringement to the FBI. Enjoy federal prison.

  41. Way to go by rrohbeck · · Score: 1

    if you want a conservative monoculture.

  42. polygraph? by MoFoQ · · Score: 2

    shoot, thought everyone already knew how to beat them?
    (butt "clenching" technique, anyone?)

  43. Re:It is stealing by rrohbeck · · Score: 1

    How much money did I take from the RIAA and MPAA by downloading?

  44. Re:Ok, but by Dcnjoe60 · · Score: 1

    they will probably hire you. it's like a military security clearance. they don't like it when you lie to them, but they are OK if you admit wrongdoing.

    Except that admitting a crime to your military security clearance interviewer is different than admitting a crime to the FBI, they being law enforcement. I wouldn't volunteer that you smoked pot, either.

  45. Downloading free music by gnasher719 · · Score: 1

    Downloading free music is perfectly legal. Apple just claimed that 23 million people downloaded a free U2 album. That's perfectly legal. I've probably downloaded about 500 songs that were free. Legally. Quite a few books and audiobooks as well.

    There are tons of free books at http://www.gutenberg.org/ and tons of free audiobooks at librivox.org . JSB's complete works for organ at http://www.blockmrecords.org/b... .

    I would have hoped that the FBI would know the difference between "free" and "illegal".

    1. Re:Downloading free music by Teresita · · Score: 1

      It's illegal to upload music to USENET, but it sure as hell isn't illegal to download it from there.

    2. Re:Downloading free music by cpt+kangarooski · · Score: 1

      it sure as hell isn't illegal to download it from there.

      If it's copyrighted, if the downloads are made without permission, and there is no applicable copyright exception, then yes, it's illegal to download it.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    3. Re:Downloading free music by gnasher719 · · Score: 1

      It's illegal to upload music to USENET, but it sure as hell isn't illegal to download it from there.

      Please note that my examples were about the copyright holders themselves uploading music or other copyrighted works, and giving people permission to download for free. Saying something like "it's illegal to upload" is stupid when you don't qualify it like "without the user's permission".

      Note that downloading music from USENET or anywhere without the permission of the copyright holder is illegal. Depending on the situation, it might not be a crime while the uploading is more likely to be a crime, but it is nevertheless illegal without permission of the copyright holder or something else that allows it.

    4. Re:Downloading free music by DoomSprinkles · · Score: 1

      Haha, technically... Apple just disqualified every FBI Agent that owns an iphone....

  46. Re:Ok, but by dbIII · · Score: 1

    I know it's supposed to be off topic, but I'd take one look at their polygraph and wonder how much of a kickback Hoover got for deciding the FBI was going to buy such voodoo and why they are still using such useless shit.
    The lying doesn't seem to matter if it's at the top.

  47. Re:Ok, but by Anonymous Coward · · Score: 1

    So basically the FBI is only hiring people over the age of 50?

    Well, there are no more communists, and pot's legal. The FBI, in its zeal to limit its hiring pool to only the most conformist and least-adept, had to find some sort of excuse to keep tomorrow's cybersecurity professionals out of its ranks!

    /sigh. If I didn't know better, I'd swear it was a conspiracy. Actually, there's sort of a conspiracy -- namely the conspiracy to strengthen the existing bureaucracy and from the point of view of a bureaucrat, the fallout to US cybersecurity is merely collateral damage. It's ineptitude and rank careerism, it's bipartisan, and both law enforcement and the civilians they're supposedly protecting suffer for it.

  48. Copyright infringement maybe? by jd659 · · Score: 1

    What they call "piracy" or "illegal downloading" is properly called copyright infringement (I don't think they refer to happenings in Somalia when they refer to "piracy"). The copyright infringement defines the infringement as "unauthorized distribution." So, if you distribute the copyright material without the proper authorization from the copyright holder you're committing a copyright infringement. Now, downloading itself is not the distribution, so downloading cannot be illegal (can, but not currently). It's the same idea as you walking into a grocery store to buy napkins and the store didn't have the proper clearance from the napkin manufacturer to sell those napkins, so the store might be in violation, but not you -- the purchaser. Same with downloading. It becomes murky with cases where files get uploaded at the same time as they get downloaded. But I don't expect the average user to know such details. But if you're just downloading, you're not committing the copyright infringement.

    --
    There's no such thing as "illegal download"
    1. Re:Copyright infringement maybe? by cpt+kangarooski · · Score: 1

      The copyright infringement defines the infringement as "unauthorized distribution." ... Now, downloading itself is not the distribution, so downloading cannot be illegal (can, but not currently).

      No.

      The Copyright Act defines infringement as unauthorized violation of any the exclusive rights of copyright. The making of new copies, such as by downloading, is such a right.

      But if you're just downloading, you're not committing the copyright infringement.

      Assuming a copyright and lack of permission or exception, yes you are.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  49. Re:It is stealing by Progman3K · · Score: 1

    You're right, when you download a file, the original copy disappears in a cloud of smoke. You've deprived its owner of his copy. That is theft.

    Or worse, if you would never have bought a copy in the first place, then you've stolen the profit the media company would never have made. That is theft.

    Of course if you mention viewing the movie to someone such that they would not have considered it otherwise and THEY buy a copy, then you've deprived the media company of a sale. That is theft.

    It's important to pay for all copies so that media companies can keep getting rich and not pay the artists because the media companies hold all the rights and make all the money. That is theft.

    --
    I don't know the meaning of the word 'don't' - J
  50. Dousers and psychic detectives unite by WaffleMonster · · Score: 1

    That continued use of polygraph testing continues to be tolerated without these agencies is beyond amazing. Is this the 21st century or the 11th?

    Shameful employment at FBI is limited to those lacking principals enough to allow themselves to submit to whims of mysticism and voodoo.

  51. yes, in the past sometimes, and no by raymorris · · Score: 2

    > Most piracy does not represent lost sales, but sales that never would have happened.

    That's true, based on my knowledge of tens of thousands of content producers over the last fifteen years. That is, however, irrelevant to their take home pay. Suppose that 90% of piracy is cases that would not have purchased. The other 10% is people who would have - the producers income stream. What matters is that people who used to buy no longer do, the pirate/steal. People who used to buy one album per year now take twenty albums and pay for none. The 19 you take that you wouldn't have paid for don't matter much. It's the one you would have paid for but no longer do that matters. When is the last time you bought an album, or some porn? Sure, most of the content you consume now you didn't consume in 2000, that just costs bandwidth. But in 2000 you probably paid for one web site or one album. In 2014, you probably didn't pay for any. Instead you used pornhub (mostly stolen content) and unlawfully downloaded music. When most people don't pay for your product, it's hard to make a living.

    > In fact I would bet that piracy tends to make money for less well-known producers of content.

    I know one case where piracy worked as branding, and the lady who produced the content. I know of thousands where it didn't. Ten years ago, if your marketing was poor but the branding on the product itself was good, piracy could make you money by getting your name out there. These days, 20,000 will pirate it and zero will buy it. Getting your name out doesn't do any good when almost nobody pays for things they want.

    1. Re:yes, in the past sometimes, and no by AqD · · Score: 1

      I don't know anyone who used to pay stopped paying now. I'm paying 10x more for movies and music than I did 10 years ago.

      The only area hurt badly is the DVD/VHS renting services, which provide crappy products far worse than anything you can find on Internet. And they're slow.

    2. Re:yes, in the past sometimes, and no by laird · · Score: 1

      Based on user surveys, there's actually a strong correlation between music "piracy" and music sales. The fans of the band that pirate their music also tend to buy their music and merchandise, because they're the dedicated fans that want the boxed set, the T-shirt, go to the concerts, etc.

      The problem the music labels have is that they make money on the music sales, and not (generally) on anything else. And it's the "everything else" that isn't getting "pirated". So if the label fronts the production and marketing money for a band, then the fans "pirate" the music that the label makes money on, but buys merchandize and concert tickets that the band makes money on, the label doesn't get any money back for their investment. To address this, the labels have been trying to do "360 deals" where they get a cut of everything, but obviously the bands, managers, etc., aren't thrilled with that. Though since the biggest pirates also tend to buy the most music, it's an unclear argument in any case.

    3. Re:yes, in the past sometimes, and no by mattventura · · Score: 1

      What I've noticed is that the presence of payment opportunities very rarely actually improves the quality of things being made, but rather people just start charging for things that they wouldn't have before. Case in point: iPhone apps. Back in the 1.x days, before there was an app store, people made their free homebrew apps. App store comes out, and I see that several publishers pulled their free apps and put them in the app store for a price. You can still see it even from an absolute standpoint. Look at browsers. Tons of free browsers for desktops, which are actual complete browsers. On the iPhone? People want you to pay for literal Safari reskins. They didn't even write a rendering engine or much of anything, they basically just made baby's first iPhone app. And they want you to pay money for it.

      Just imagine if you had to pay 99c for every package you install on a linux distribution.

      As for movies/music, it becomes more of an ideals issue. I don't want to support RIAA/MPAA scumbags or anyone associated with them. I know that if I buy music from a big label, the people who actually made that music will only see somewhere between 0 and 10% of that money. Hell, for a typical album, it would be more efficient to mail the artist a dollar and pirate it than buy their album legitimately.

    4. Re:yes, in the past sometimes, and no by raymorris · · Score: 1

      Based on shopper surveys, people who shoplift steal from the same stores where they shop.

      It doesn't matter a whit WHO they're ripping off. The simple fact is that a few years ago most people stopped paying for the software they use at home. A whole generation of teenagers simply did not pay for the music which they took, they effectively shoplifted their entertainment. They didn't buy box sets, they didn't buy anything. When a few scumbags take it without paying , that increases prices for others in order to cover the cost of production. When EVERYBODY is ripping you off, when no one is paying, the producers go out of business.

    5. Re:yes, in the past sometimes, and no by davydagger · · Score: 1

      a web browser used to be something you paid $29.95 for at a computer store, long before you could get computer parts at staples.

      Back in those days, the only people that paid, where people not on the internet, piracy was ubitquitos to internet usage.

      warez, hackz, crakz, serialz, phreakz, and mp3z, you'd all find right on one poorly written site, fserv on irc, or bbs.

      some you'd simply trade what you had for credits to download what you needed.

      that was the 1990s.

      speaking of "mp3z", they existed for about a decade, before any so called "legitimate" store existed to sell them. Warez before app stores, as pirates were the pioneers of digital distribution. Along with them, software programs to listen to mp3s as well as hardware mp3 players all came before the first online music store, by a very wide margin.

  52. So much for them hiring anyone in tech by forevermore · · Score: 1

    Seriously, have you ever met anyone technical who hasn't downloaded at least one song/movie/whatever?

    --
    Do you really need reason for beer? Wingman Brewers
    1. Re:So much for them hiring anyone in tech by DoomSprinkles · · Score: 1

      Think about this for a second..... do you think there are very many people whom, by the age of 30, haven't broken over 100 laws (truthfully its probably absurdly higher) ? On average, a person probably breaks a law, however obscure, many times a day.

    2. Re:So much for them hiring anyone in tech by laird · · Score: 1

      Keep in mind that watching a video on YouTube that uses a song in the soundtrack that isn't properly licensed is (according to the RIAA's lawyers) illegal downloading, since streaming makes a copy (into your computer's RAM). And nobody on YouTube bothers to license their music, other than the tiny number who go out of their way to use "open" music. So that eliminates pretty much everyone who's not a complete technophobe.

  53. Ironic. by Vellmont · · Score: 5, Insightful

    The FBI doesn't want its agents to lie, or default on student loans (the latter is often simply a matter of economics, not honesty), but yet the Snowden documents reveal that the FBI commits perjury in federal court to hide the true, illegal sources of information they got from the NSA. Described here, http://www.alexaobrien.com/sec... Search for "Parallel Construction"

    --
    AccountKiller
    1. Re:Ironic. by fafalone · · Score: 1

      The FBI doesn't want its agents to lie

      Or it wants them to be very good liars; to stay calm, smooth, and convincing while feeding someone a whole load of bullshit; like a judge, or a reporter asking about civil rights violations.

    2. Re:Ironic. by countach · · Score: 1

      Yep, thus the genius of this new scheme. The downloading question will allow them to induct ice-men who can beat the polygraph and lie without conscience. Perfect FBI material.

    3. Re:Ironic. by DoomSprinkles · · Score: 1

      I don't have actual experience, but I'm pretty sure as long as you can compartmentalize thoughts sufficiently, you'll probably pass the poly easy. Hear the question, don't listen to it, don't break it down, don't analyze it, and keep your mind away from your answer and why you're saying what you're about to say, and just say it. I feel the danger lies with if you start to slip up with the compartmentalizing technique and you accidently "think" on the question and/or answer even for a fraction of a second - my guess is, these are what cause those little needles to register spikes. I tried to make it very clear, I have no actual experience, this is all just a guess.

  54. In other news... by Anonymous Coward · · Score: 1

    FBI faces a critical and acute shortage of personnel as policies have limited the list to only Amish candidates

  55. So they hire second grade material? by Opportunist · · Score: 3, Interesting

    One of my former bosses said "you can get good people, available people and people with no police record. Pick two"

    Time and experience has shown me that "good people" and "people with no police record" has become more and more synonymous as more and more inane laws are being pushed into existence. You don't get "good" in this field if you're learning it from text books. Ponder this for a moment: Malware analysis consists to a rather big portion of looking at decompiled code someone else wrote and quickly identifying specific sections, often involving reverse engineering some kind of encryption or obfuscation. Now where do you think you would almost invariably have to develop that skill set. Little hint: It ain't really a very legal activity.

    Most of the "good" security people I know didn't get there by choosing it as a career and studying. They got there because they ... well, wanted to accomplish something.

    And if they're good at it, they never got caught doing it...

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:So they hire second grade material? by Opportunist · · Score: 1

      ..hmm how'd they get that copy?

      Well, I get my malware sent to me, free of charge. Often even by its maker. If you don't, I want to know the name of your spam blocker.

      hopefully the malware doesn't have a EULA forbidding reverse engineering

      Fortunately I reside in a country with a sensible copyright law that explicitly allows reverse engineering in certain cases, malware analysis being one of them. As for the rest of the world, my guess is that they rely on the "copyright holder" revealing their identity.

      Well, that's a straight up DMCA violation, there, bypassing an encryption mechanism. (Yes, I'm assuming the investigator would then make a copy for later analysis, even if it's just hitting Ctrl-S in notepad.

      Thank god I'm not subject to that piece of turd.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  56. Re:Ok, but by Austerity+Empowers · · Score: 1

    This is a good thing. Pretty soon there will be no FBI. The office may exist, but they won't be able to STAFF it.

  57. Do more people smoke pot than download illegally? by Maltheus · · Score: 1

    Didn't the FBI just have to relax it's restrictions against pot smokers, in order to attract the talent they need? And are not illegal downloaders more common?

  58. Re:Ok, but by Attila+Dimedici · · Score: 4, Insightful

    No, you misunderstand. The FBI is only hiring people who can lie on a polygraph test and not get caught...and those few who are not interested enough in music, games, or movies to bother to download them, legally or otherwise,

    --
    The truth is that all men having power ought to be mistrusted. James Madison
  59. Re: Ok, but by Anonymous Coward · · Score: 1

    A general trait among people. Bill Clinton "I didn't inhale" -> Impeach the liar! George Bush "I was a stupid kid when I used cocain" -> Elect him, what could possibly go wrong?

  60. Just the kind of thing you'd expect from the feds by HangingChad · · Score: 1

    What a dumb as shit policy. That's almost as bad as the days they wouldn't hire anyone who smoked pot. When you fix those kinds of absolutes you start selecting for a specific personality type that's not always going to make the best agent.

    It's so backwards it defies logic.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
  61. Re: Ok, but by Anonymous Coward · · Score: 1

    If you tell a police officer you smoked pot last week, whaaaaaat law did you just break?

  62. Re:Ok, but by ArcadeMan · · Score: 2

    Federal Bureau of Ignorants

  63. If you are caught lying by fustakrakich · · Score: 1

    The NSA has a position for you! And the CIA, DEA, IRS, FB... oh wait, not during election season.

    --
    “He’s not deformed, he’s just drunk!”
  64. Re: Ok, but by ArcadeMan · · Score: 2

    The law of munchiesdynamics?

  65. Re:Ok, but by rwa2 · · Score: 4, Insightful

    Just means the FBI will only be hiring people who are good at lying about wrongdoing. Which is probably really more useful and what they want in the long run.

  66. Re:Ok, but by spitzak · · Score: 1

    Burn in hell, you copyright violating scum!

  67. Re:It is stealing by BonThomme · · Score: 1

    blank media tax

    now that's stealing

  68. ideology by ecorona · · Score: 1

    This is how they will keep the FBI ideologically pure in the sense that the entire agency will be on the side of the MPAA/RIAA.

  69. Re:Ok, but by Patent+Lover · · Score: 2

    Or people too poor to afford a computer or people too computer illiterate to use a computer. Good luck finding those cyber criminals.

  70. Re:Ok, but by Anonymous Coward · · Score: 4, Insightful

    Just means the FBI will only be hiring people who are good at lying about wrongdoing. Which is probably really more useful and what they want in the long run.

    But it's not what they want. You know what the word is for "guy who can blithely lie his way through a polygraph?" It's "spy."

    Polygraphs are pseudoscientific bullshit, but the only people they weed out are the honest ones. I know you're worried about abusive/sociopathic cops, and that's one problem. But if I if I can switch to Fedspeak, for a moment - the risk isn't that the FBI's recruitment policies select for sociopaths, it's that they select for double agents. Moronic ideologue non-threats like AQ/IS and domestic terrorists like the Sovereign Citizen derpers might not make it past this screening, but they're practically begging FSB and PLA to infiltrate them. It's assinine, it's self-destructive, and it doesn't even serve the larger gains of the FBI, just of the bureaucrats who have a vested interest in the revolving door between the IC and polygraph-reliant clearance-processing industry.

  71. Re:Ok, but by Kozar_The_Malignant · · Score: 4, Funny

    I am over 50 and an Eagle Scout. I downloaded warez over a Hayes 2400 modem. Most of the Eagle Scouts I know enjoy the Good Herb. I was thinking of a good retirement career. Maybe the FBI would suit.

    --
    Some mornings it's hardly worth chewing through the restraints to get out of bed.
  72. Re:Ok, but by Anonymous Coward · · Score: 2, Insightful

    I believe the federal standard is "did not inhale".

  73. Re:Ok, but by rwa2 · · Score: 2

    eh, even spies are OK, as long as they don't get caught. Or if they do get caught, the FBI isn't blamed for letting them in. It's government. The most important tenet is CYA. It's valuable to have people who can convince others that they've done everything right "by the book" and have done no wrong.

  74. Re:Ok, but by Cito · · Score: 1

    But wait a minute...

    Say you got mp3s legally from Grooveshark but decade later you found out those mp3s were not legal, but you were under the understanding they were.

    Or for my time, when Napster first came out it was legal, Dave Grohl uploaded tracks to Napster and even bragged about their band using it on the HBO Dennis Miller show.

    But it became "retroactively" illegal

    FBI is horseshit

    Will bitcoin militia to make ice,nsa, fbi, cia, go boom

  75. thank you, Netflix and Red Box , $1 mp3 by raymorris · · Score: 2

    Thank you for doing the right thing.

    I don't like some of the things the MPAA and RIAA have done. I do like Pulp Fiction and I Like Big Butts. The song, not the butts. I want Hollywood to make more big movies with Samuel L Jackson, and I don't want to get ripped off. What to do? I think the Netflix/ Hulu / Amazon Prime model along with the Red Box model can fund big movies and also provide good value to the consumer. So my message to Hollywood is this - of you want my money, you'll have to get it by putting your movies on Netflix or Red Box. That way I get good value and you get money to use to make your next movie. I won't let you rip me off, I will work with you only when you give me good value for my money.

  76. Re: Ok, but by Anonymous Coward · · Score: 4, Insightful

    The law of "don't talk to cops about anything".

  77. It would be interesting to know.... by Dega704 · · Score: 1

    Just how much piracy goes on inside the FBI?

  78. Re: Ok, but by SternisheFan · · Score: 4, Insightful

    If you tell a police officer you smoked pot last week, whaaaaaat law did you just break?

    None yet. If you're in your car, you have now given him "probable cause" to search your vehicle. In some states, if there is one seed, you're under arrest. Never talk to the police.

  79. Sigh. by ledow · · Score: 1

    Polygraphs are legally inadmissible in just about every first-world country. Except, strangely, the US. Honestly, it's at least fifty-years since most places realised it was a load of hokum.

    It's bollocks. The fact that the FBI even *entertain* the idea shows that they are all about the *appearance* of security to the general populace - while being laughed at by those they are supposed to be detecting. You might as well tell me that their interview process involves reading your palm - it's really that ridiculous. That you don't see this is probably even sadder.

    Honestly, America... polygraphs are voodoo. Like homeopathy, spiritualists and psychics, there is ZERO evidence that it means anything, no matter what expert claims to run it or what equipment they claim to use. You cannot detect lies. Not even with MRI's and all kinds of equipment scanning your head.

    Hell, we can't even control a cursor on a screen accurately when we focus all our efforts on doing so and concentrate like mad. How the fuck are we supposed to detect the inclination of an internal thought by a bloke sitting across the room looking at how clenched your arse is?

  80. terms are too long. App & mp3 stores by raymorris · · Score: 1

    I fully agree, terms are ridiculous. I'd cut them dramatically if I were a veteran senator. Unfortunately, I'm a lowly programmer, and my customers mere photographers.

    Ten years ago, gnutella and similar were easier than even just filling out the payment form for each purchase. Today, Amazon has a very nice, easy store with one-click purchase and most digital goods cost a dollar. It's actually EASIER to use the app store on my phone than it is to get stuff illegally. There are dozens of good stores to choose from. You mentioned tracking- Google is in the ad business, and logs the heck out of advertising- related data. Apple is in the hardware business. They don't much care about the data.

    Personally, I choose to use Google products, fully understanding that they have database rows for ad viewer #8943384683783 (me). I don't care too much, partly because I understand they aren't a) tracking b) me. Their computer is logging purchase and viewing history and correlating a viewer number. They aren't interested in me as a person, just a purchase history. If that's not your thing, maybe you'll prefer Amazon, or another store.

  81. so.... by smash · · Score: 1

    They are only hiring confessed music/tv pirates now?

    --
    I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
  82. Lying, not downloading. by LordLimecat · · Score: 1

    This may be the most hillarious demonstration of slashdotters inability to read and correctly parse article summaries, ever.

    The FBI is barring you from employment for lying to them. The summary mentions downloading, incidentally. Every comment here is about how the FBI shouldnt punish you for downloading.

    Somewhere between the screen and the commentors, there is a lack of comprehension.

    1. Re:Lying, not downloading. by Antique+Geekmeister · · Score: 1

      > The FBI is barring you from employment for _getting caught lying to them_.

      "Fixed That For You".

      If you commit illegal acts, need to lie about them, _and cannot beat a simple polygraph_,, I'm afraid you have no role in modern federal agencies.

  83. I have. Not Congress, nor appointees . HIRE, not B by raymorris · · Score: 1

    As a matter of fact, agents of both the FBI and various intelligence entities were at our offices just recently. Remember on 9/11 the guy who whispered into Bush's ear? He was just here talking about how they tried to reform the intelligence agencies to cooperate better and share information about threats. (There is a good reason the CIA wasn't allowed to share information with the FBI before, but that seemed less important just after 9/11).

    Congress didn't follow the law (Constitution) when they passed laws allowing the NSA crap, and the politicians and the friends they appointed didn't follow the law. I said they like to HIRE people who follow the law, not BE people who follow the law. If you're APPOINTED to head the agency, you're probably a weasely political type. If you're HIRED as an agent or analyst, you probably learned to follow the rules closely while in the military or certain other organizations. Loose lips sink ships.

  84. The Wrong Argument by Roger+W+Moore · · Score: 2

    My IQ is 54 points higher.... and I am Young Earth Creationist.

    This is probably not the point you want to make while arguing that IQ tests are accurate....and the fact that you did make it only compounds the irony.

    1. Re:The Wrong Argument by Roger+W+Moore · · Score: 1

      Only because of your worldview and presuppositions.

      No, because of logical deduction and reasoning based on the preponderance of evidence which the universe provides (indeed the great thing about science is that you don't have to take my word for it - go out, look at the evidence and use your own intelligence). The fact that you are unable to accept this means that you clearly do not really understand logic and reasoning. Since these are large components of what most people call intelligence it calls this into question as well despite of what an IQ test may say.

  85. Looking for a blabber mouth? by KevinPorter · · Score: 1

    Never understood the polygraph requirement when entering a position where you are expected to keep tight lips about their secrets. How does it make sense to hire people eagerly willing to divulge their secrets and then expect them to keep your secrets.

    1. Re:Looking for a blabber mouth? by JamieMcGuigan · · Score: 1

      Regardless of the effectiveness of the test, it a psychological ritual to establish total honesty from the individual to the agency. Once established, it makes it psychologically harder to tell small lies in the future. The only way past this test is either total honesty, or to gambit on telling a big lie (I'm actually a double agent but not telling you). Additionally in the game of secrets, blackmail is power, thus the test helps filter out individuals who may be irrevocably compromised by possible blackmail, and it helps protect agents against the threat of blackmail (the agency already knows my secrets, so you can't tell them anything new). The agency also obtains any available blackmail power over the individual in case of defection.

  86. My personal experience by Anubis+IV · · Score: 4, Interesting

    I applied to the CIA when I was looking at finishing grad school about 4 years back. As with the FBI, one of the things they mentioned was illegal downloading, of which I had done quite a bit while in college. I mean, we're talking hundreds of films, thousands of TV episodes, thousands of audio tracks, both foreign and domestic for all of those, from any number of decades, genres, and budget sizes.

    I was upfront with them about it during a pre-screening interview held at my school's campus. I actually brought it up with them and asked if it'd be a problem. They indicated it wouldn't be, and formally invited me to fill out a proper application with them so that they could advance me through the process.

    I answered truthfully regarding it on the application and any subsequent questionnaires that I had to fill out. I never got any word back regarding that specifically, but their response was to ask me to fly up to Washington D.C. for a three-day session with them, which I did.

    I provided exacting details regarding my illegal downloading to the polygraph examiner at my polygraph session, as well as to anyone else who asked about it. I let them know the quantity, nature of the content, and how recently I had engaged in it. I passed the polygraph with flying colors and was told I didn't even need to come in for the second session they had scheduled since they were confident I told the truth about everything (and I had...in excruciating detail, in fact, just because I knew, being the pedant that I am, that if I left out any little detail, I really would be considering myself to be lying; as an aside, one of the other applicants I was hanging out with lied to them about the recency of his drug use and got caught in his lie).

    And how did they respond to all of this? They asked me when it would be convenient to move on to the final stage of the application process (a thorough background check...which I'm confident I would have easily passed), since the folks I'd be working with were excited about bringing me onboard and wanted to keep things moving. Which is to say, the fact that I had downloaded loads of files illegally in the past clearly wasn't a problem. They let me know that it'd need to stop and that it would come up again in the every-five-years polygraph everyone working there submits to, but otherwise, they made it clear to me, both explicitly through their words and implicitly through their deeds that they really didn't have a problem with me having engaged in it at a relatively large scale in the past.

    P.S. Just to state what I hope is obvious: an actual polygraph session is NOTHING like what is shown on TV (the room was well-lit, there wasn't an angry detective yelling at me, beads of sweat were not pouring from my brow, and no one was pounding on any desks). I don't want to get into a load of details, but suffice it to say, the environment was heavily controlled to eliminate external stimuli, the questions and their meanings along with the terms and their definitions were all explained in detail to me in advance, I was able to voice any misgivings I had about them to the examiner (in fact, we spent 2.5 hours of the 4 hours doing just that, since my inherent pedantry meant that I had all sorts of ideas like "well, technically I've compromised government systems when I lent a friend my password at our state university" or "I can't rule out the possibility that I unknowingly supported terrorists through a front that they're maintaining", which led to a lot of the questions getting rephrased to be prefixed by "insofar as you know" or "besides what you have disclosed here"), and the questions were all read to me over and over and over again in even, metered tones that were about as un-aggressive as you can imagine.

    1. Re:My personal experience by Anubis+IV · · Score: 2

      Oh, and it should go without saying that I do not work there, otherwise I obviously wouldn't be discussing any of this. The job I found as a hold-me-over position until I was done with the CIA application process actually ended up blowing me completely out of the water, so when the CIA asked me to move forward with the application process, I let them know I had found something else and was no longer interested.

      And keep in mind that all of this was well before Snowden's revelations.

      In fact, for the writing sample I submitted with my application, I was in the middle of a crunch time with my graduate research, so I took 20 minutes and knocked out a quick ethical analysis on the topic of Wikileaks and Bradley Manning, because the two of them were in the news around that time and I figured I may as well publicize my controversial stances early in the process so that we didn't waste each other's time. My stance in the essay was more or less that I didn't believe Manning or Wikileaks had conducted themselves in an ethical manner in their activities related to one another, but that I absolutely supported properly conducted whistleblowing (including some of the earlier stuff Wikileaks had done) and the need for people to step forward when the government inevitably gets out of line, as well as the need for organizations like Wikileaks to enable those people to do so.

      Imagine my surprise when a few months later I sat down for an interview with my would-be boss during the three-day session up in D.C., only to discover that not only had they read through my entire essay...not only had they highlighted it and kept it at their desk because they were excited to discuss it with me...not only did they agree with it and think it was incredibly well-reasoned...but I had actually been tagged for the position they were offering me (a position that was quite a bit better than what I had applied for) largely on the basis of that throwaway essay I had penned while pressed for time.

      Strange, but true.

    2. Re:My personal experience by BitZtream · · Score: 1

      What they are looking for is trustworthiness.

      Can they trust you?

      EVERYONE has done something illegal, even my 17 month old son who pissed on the sidewalk one evening. What happened since then is more important in almost every case. I've got a criminal record, nothing spectacular, just kids doing things they shouldn't. I've gotten various levels of government clearance and been recleared multiple times because I've done full disclosure from the very start. I hide NOTHING and in multiple instances have been told that I actually told them about more than they found in their own searches (court cases/arrests).

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    3. Re:My personal experience by Uberbah · · Score: 3, Informative

      I didn't believe Manning or Wikileaks had conducted themselves in an ethical manner in their activities related to one another

      Was this new job as a professional Tone Troll? When the state has made legal whisteblowing impossible, the only way to reveal government lawbreaking is "illegally". Manning didn't exactly have his own staff to go over documents, but WikiLeaks did, going out of their way to as the USG for help with reactions.

    4. Re:My personal experience by Anubis+IV · · Score: 1

      You'll note that I never broached the topic of legality. Whether it's illegal or not is an entirely separate issue. The simple fact is, based on every test I've found that provides an ethical basis for whistleblowing, what Manning did was not morally permissible, nor was it morally obligatory. I'm fine with what Snowden did—illegal or not—because he went through it in a manner that appears to have been of the highest ethical caliber. Not so with Manning. No so with how Wikileaks handled Manning and his leaks. Good may still come out of them, but the way those leaks were handled was not ethical.

    5. Re:My personal experience by KingTank · · Score: 1

      I bet if you hadn't been doing any downloading, you would have gotten a false positive on the lie detector and they would have refused to hire you.

    6. Re:My personal experience by Anubis+IV · · Score: 1

      If you're suggesting that they would have picked up on some physiological false positive response on my part, I seriously doubt it, given that there were plenty of other questions that they were able to rephrase to the point where I was able to answer them without a shadow of doubt, and they repeat the questions over and over again in order to try and deal with any random outliers.

      If you're suggesting that they would produce a "false positive" in response to anyone my age answering that question, that seems like a baseless assumption predicated on a preconceived notion. Moreover, wouldn't they have done that with drugs too? Yet I told them—truthfully—that I have never had any illicit drugs (well, technically, I got them to add a caveat on that one too, since I've had prescription drugs without a prescription, but it was only ever for valid medicinal use, such as the time some med student friends tossed me a few prescription-strength antihistamines when I discovered, upon breaking out in hives while at their house, that I was apparently allergic to their cats).

  87. Re: Ok, but by chaboud · · Score: 1

    The FBI is going to be restricted to people with a particular set of biases. It's likely an effective way to control the shape of FBI enforcement focus for years to come.

  88. Re:the right to copy by Vellmont · · Score: 2, Insightful

    I see Ray. Interesting that you can't respond to my argument and have to resort to critiquing a spelling error.

    --
    AccountKiller
  89. Re:Ok, but by fibonacci8 · · Score: 4, Funny

    Nutmeg is a gateway spice.

    --
    Inheritance is the sincerest form of nepotism.
  90. app stores are good. govt agency job by raymorris · · Score: 1

    App stores may make a big difference, by making it so easy to pay a dollar. Before, just the hassle of filling out the payment meant it was rarely worth it to sell anything online for less than $30. (There's a reason that 99.9% of paid web sites are $29.95. Lower cost doesn't increase sales due to the hassle of paying.)

    After 15 years programming for the web, and millions of people using my software, including Slashdot.org, I ended up having to take that 8-5 job. An 8-5 with a government agency. Probably few people on Slashdot would say that having a computer security person end up working for a government agency is a good thing.

  91. you took it because you liked it, lowlife by raymorris · · Score: 1

    You took the stuff I made , without my permission. That makes you a crook.
    My expectation was that people who wanted the little bit of software I didn't opened n source would pay the small price I charged for it, not rip me off.

    Do you shoplift, and justify it by saying "the store owner expected me to pay for what I got from him, but times have changed"?

      You're simply low life scum, simple as that. I kind of wish I had put a trojaned copy of my software on the torrents for guys like you.

  92. not anymore. btw, it's a crime by raymorris · · Score: 1

    I'm not doing it anymore, not programming mostly open source software for general use. I'm no longer contributing to the Linux kernel. Instead, I now work for a government agency.

    After 15 years programming for the web, and millions of people using my software, including Slashdot.org, I ended up having to take that 8-5 job. An 8-5 with a government agency. Probably few people on Slashdot would say that having a computer security person end up working for a government agency is a good thing. Really, since you took wanted to use my work, you'd have been better off paying for what you took than ripping me off, turning me bitter, and having me apply me security expertise to advance the government's projects rather than projects around open source.

  93. not even wrong by raymorris · · Score: 1

    The thing is, Vemont, you're probably a brilliant person, but (literally) don't know the very first thing about copyright . It's the right to make copies. That's like the first sentence in the "Introduction to Copyright" pamphlet, and it"s news to you. Again, you're probably very good at what you do. Clearly, what you do is not copyright law. Arguing copyright law with you would be like arguing international monetary policy with a second grader.

    Your "argument" is a good example of the expression "not even wrong". If you're not familiar with the expression you may want to Google it.

    1. Re:not even wrong by Vellmont · · Score: 1

      Apparently you don't understand what I'm saying if you're talking about copyright law. I never actually mentioned that. But alas, all you can do is redirect to something you can win on.

      --
      AccountKiller
  94. Infringement != Stealing by Arkiel · · Score: 1

    So you can honestly answer "no" to whatever dumbass question they ask you.

  95. Re:Ok, but by dbIII · · Score: 1

    The expense is staggering for a placebo so there's more to it than that. Somebody must really believe that shit or still be making money out of it. Wouldn't it be funny if it's a vector for corruption like the Rapiscan things were, and it's used as a prop to catch those copyright violators.

  96. Re:It is stealing by The+Ickle+Jones · · Score: 1

    Not enough, obviously. Download some more so they'll go bankrupt. I can just see their faces as all the money magically vanishes from their wallets!

  97. Well if not the FBI... by ChrisAshcroft · · Score: 1

    If the FBI won't hire you, probably could still make it for the CIA.

  98. Wouldn't this policy let in pathological liars? by extranatural · · Score: 1

    Let's just assume for a second that a polygraph actually was fairly good at detecting physiological discomfort caused by telling a lie. This is a dubious claim, but let's just take it at face value and consider the logical extension of using this policy for disqualifying candidates. This will let two very extreme personality types through: -Those who are so incredibly rigid and moral they cannot lie, not even a minor (and very human) fib about something as inconsequential as how you consume media on a computer.

    -Those who are so incredibly indifferent to lying it's pathological for them.

    Neither of these personalities make ideal FBI agents. They are two extremes of a spectrum of morality and they both suck. I'd much rather our federal law enforcement agencies were staffed with people who are imperfect, but capable of empathy. They feel uncomfortable with fibbing, they understand it's not good, but they're capable of small doses of it. The discomfort they experience will prevent them from escalating their actions to extreme self-righteous or evil behavior.

    In other words this practice applied in this extreme will almost certainly disqualify the most emotionally/morally stable candidates.

    1. Re:Wouldn't this policy let in pathological liars? by morgauxo · · Score: 1

      It's a government organization. Well balanced people have never been allowed there. Next you will realize that exactly the kind of people who are attracted to politics are the ones who should NEVER EVER be given any power. I dub thee Captain Obvious.

  99. Hmm by Greyfox · · Score: 1

    I go listen to a copyright song on Youtube. Illegal copyright infringement? Not on my part. Not on Google's part either, as long as they comply with the take-down request when it comes in. In fact, I think it would be very hard to illegally download something (Yes I know bittorrent yadda yadda but that's not JUST downloading, is it?) So I'd view a question like that as a trick question to weed out people who don't know copyright law, or a stupid question by stupid people who don't know copyright law or anything about computers. If it's the latter, they might have an easier time hiring people who know something about copyright law and computers if they didn't ask stupid questions like that. If it's the former, well I reckon that might work pretty well.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  100. No problem.... by mendax · · Score: 1

    All future FBI agents will be blind and tone deaf.

    --
    It's really quite a simple choice: Life, Death, or Los Angeles.
  101. Polygraph by HeadOffice · · Score: 1

    The results of the polygraph will not be used, they will just look at your recorded internet sessions.

    The polygraph is just there as an excuse, a distraction.

  102. And tomorrow they will ask by morgauxo · · Score: 1

    And tomorrow they will ask.. have you ever masturbated. If you do they won't hire you. If you lie they won't hire you!

  103. amish agents by globaljustin · · Score: 1

    an Amish would make a bad FBI agent...

    which, IMHO, is the point....

    if i wanted to cripple an organization that fights crime, i'd put archane rules about hiring that ensures only Mormons who do what they are told always without question could get a job

    nice...this way, the criminals only have to bribe the boss

    everyone else will just do as they are told without question

    --
    Thank you Dave Raggett
  104. poly-pseudo-graph by Tom · · Score: 1

    (Left un-explored is whether polygraph testing is an effective way to catch lies.)

    And here I was watching from Europe thinking that this question had been settled years ago. Nobody else in the world is taking the polygraph seriously, it's a leftover from the time shortly after WW2 when too optimistic pseudo-scientists (mostly, some scientists as well) thought very soon now technology will solve every problem of the human race.

    --
    Assorted stuff I do sometimes: Lemuria.org
  105. Re:Hypocrits. by AqD · · Score: 1

    Which is exactly why they setup the lying test. How can you be a good agent if you cannot even lie without blushing?

  106. Re:It is stealing by gnupun · · Score: 1

    You're right, when you download a file, the original copy disappears in a cloud of smoke. You've deprived its owner of his copy. That is theft.

    You are leeching off people who do pay for the product (an illegal freemium model). So the manufacturer either bears the cost (i.e. takes a hit) or he increases the product price to meet a sales target (in which case you've stolen from legit buyers).

    Or worse, if you would never have bought a copy in the first place, then you've stolen the profit the media company would never have made. That is theft.

    If you benefit from a commercial product/service that you don't pay for, that is theft. Most packaged products in your grocery/mall store would be worthless if they didn't have huge amount of IP to design and manufacture the product. So what you're paying for is essentially the IP involved in creating these products. If IP is worthless, you should be able to legally shoplift these products by just paying the cost of materials and $0 for any IP costs.

    It's important to pay for all copies so that media companies can keep getting rich and not pay the artists because the media companies hold all the rights and make all the money. That is theft.

    Why don't people like you buy books/music directly from the authors/musicians' websites and cut out the middlemen (publishers, bookstores)? Anyway, the days of authors/musicians getting only 10-12% are long gone. They can easily make 50-70% by selling their stuff online (via itunes of amazon store).

  107. Re:"illegal downloading" by gnupun · · Score: 1

    Are you living in the stone ages or the agrarian age? No! All important work done today is intellectual; machines do all the grunt work. So all these people doing intellectual work need to get paid... hence it's illegal downloading.

  108. Re:Ok, but by ArmoredDragon · · Score: 1

    So I'd say the FBI is going to be restricted to Amish who were too wasted during their rumspringa to download anything.

    With any luck, the FBI becomes so incompetent over time due to a complete lack of human resources that they lose the ability to perform their role as a proper enforcement arm of the very group they are sworn to protect (Hollywood) so that these stupid laws eventually go away.

    Come to think of it, luck won't have much to do with it; it'll just happen. Mr. Incompetent himself (Eric Holder) is already doing a pretty good job at making all of the federal law enforcement agencies look stupid.

  109. The scale is not open ended by aepervius · · Score: 1

    Only scam test which want to sell you stuff makes them open ended. The reality is that the scale are relatively well defined from 50 to 150 IIRC where about 99.9% or so of the populaztion fit (3 standard deviation about). Anything beyond that is simply not defined at all. Not even with or without the qualifier "well".

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
  110. No, they're hiring stupid people. by gl4ss · · Score: 1

    They obviously want to hire people who are too stupid to understand what the questions are asking and/or too stupid to know what is legit and what is not.

    Because those skills will come handy later, when they're testifying in congress that they did not use any illegal techniques in obtaining or fabrication evidence - or when creating crime that they later solved.

    --
    world was created 5 seconds before this post as it is.
  111. Re:Ok, but by jafiwam · · Score: 3, Funny

    Just means the FBI will only be hiring people who are good at lying about wrongdoing. Which is probably really more useful and what they want in the long run.

    But it's not what they want. You know what the word is for "guy who can blithely lie his way through a polygraph?" It's "spy."

    Polygraphs are pseudoscientific bullshit, but the only people they weed out are the honest ones. I know you're worried about abusive/sociopathic cops, and that's one problem. But if I if I can switch to Fedspeak, for a moment - the risk isn't that the FBI's recruitment policies select for sociopaths, it's that they select for double agents. Moronic ideologue non-threats like AQ/IS and domestic terrorists like the Sovereign Citizen derpers might not make it past this screening, but they're practically begging FSB and PLA to infiltrate them. It's assinine, it's self-destructive, and it doesn't even serve the larger gains of the FBI, just of the bureaucrats who have a vested interest in the revolving door between the IC and polygraph-reliant clearance-processing industry.

    Likewise, they are insuring their agents are clueless socially broken idiots who are also sanctimonious twatwaffles about it.

    Which makes them neither effective nor able to get the best and brightest. From what I have observed about the next generation of folks entering college about now, they will nave ZERO chance of hiring anybody in that age group. It'll be easy to identify the FBI undercover guy, he'll be the one with the walker and the gray hair.

  112. Re:Do more people smoke pot than download illegall by BluPhenix316 · · Score: 1

    This!

  113. Phew! by nospam007 · · Score: 1

    "illegal downloading music, movies and books."

    Since I only download TV-series, I'm still a prime candidate for them, good to know.

  114. do they ask about jaywalking too? by argStyopa · · Score: 1

    I understand, downloading something pirated is illegal.

    So do they also disqualify any person who has also committed speeding, jaywalking, underage consumption, or parking violations (or lies about having done so)?

    Those too are all "crimes", clearly?

    Perhaps the ubiquity of criminality says something about our society, or maybe more about the laws we've written to circumscribe citizen behavior.

    Certainly excluding every person with a trivial illegality in their history will do 2 things for the FBI:
    1) seriously reduce their potential employee pool, meaning those that get the jobs will get paid more (good for them), and
    2) end up staffing the FBI with people that have led inhumanly-detached lives like beauty queens and the sorts of nearly-sociopathic weenies who have been cultivating themselves for public office since 3rd grade.

    --
    -Styopa
    1. Re:do they ask about jaywalking too? by countach · · Score: 1

      Is copyright infringement actually "illegal", or is it just a civil matter between copyright holder and infringer?

    2. Re:do they ask about jaywalking too? by gnasher719 · · Score: 1

      Is copyright infringement actually "illegal", or is it just a civil matter between copyright holder and infringer?

      It's illegal. Depending on the situation, it may or may not be a crime. It may be just a civil matter between copyright holder and infringer, but it's still illegal.

  115. what they do, not should do by raymorris · · Score: 1

    > So they should never ...

    My post is descriptive, not prescriptive. I'm talking about what they do, not what they should do.

    > People bend the rules all the time and usually aren't even aware they are until they're caught.

    Yep, many people don't even notice when they're breaking the law. They want people who pay close attention to the rules. They think that Russian spies are after their secrets, so that attractive woman at the bar might be a Russian spy. Bending the rules by bragging about your work could risk national security, they believe.

      My dad was like that - careful to do exactly right. He may have never received a speeding ticket in his life. We're pretty sure he did some work for ONI, our nation's oldest intelligence agency. The intelligence agency will use people who travel, such as celebrity entertainers and top business executives, as part-time spies. We think they did that with him because he used to meet with royal families in the middle east in his role at an oil company and when he died the navy immediately came for a box he had in the closet. He was in the navy before, and circumstances suggest he might have done work for them. We'll never know because if it was a secret, he'd keep the secret.

    1. Re:what they do, not should do by bkmoore · · Score: 1

      I haven't been following this thread too closely, so maybe repeated somewhere else. I think we agree basically on following the law. What I was trying to say is for most people, downloading an occasional mp3 is the moral equivalent to driving 60 in a 55 mph zone. The problem is when the recording industry tries to turn a minor infraction of the law into a federal crime, on par with armed bank robbery. Or wants to treat all minor offenders the same as the few who actually run a warez site.

      When I was in high school, my friends and I all built our music collections by dubbing each others cassette tapes. When I joined the military later on, I don't think anybody would have cared that I had a box of dubbed Def Leppard tapes, other than as an indication of poor taste in music.

    2. Re:what they do, not should do by raymorris · · Score: 1

      I wouldn't disagree with any of what you said.* Also, I probably wouldn't hire anyone who lied in the interview and said they'd never exceeded the speed limit. Our company has a simple set of rules - we don't lie, cheat, steal or tolerate those who do. That sentence ends with a period, not an asterisk. TFH says they won't hire people who LIE about having stolen music.

      * You said most people view skipping out on the payment for your music similarly to speeding. Most young people probably do see it that way. As someone who lost a long-successful businesses when customers stopped paying and started stealing instead, I see it more like shoplifting. When huge numbers of people start shoplifting, we call that looting, and it destroys the very source of goods that it targets. That makes it unsustainable.

  116. Copyright law has been suspended by Anonymous Coward · · Score: 1

    There is no such thing as copyright in this country. Not until Mickey Mouse is public domain.

    They reneged on their side of the bargain... there is no reason for us to honor our side.

  117. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  118. Illegal? by senatorpjt · · Score: 1

    I've never been arrested or tried in court for it. I am not a judge and am therefore not qualified to decide whether anything I may or may not have done is illegal or not. If I'm not sure anything I've done is illegal, then I can answer this question with a "No" and not be lying.

  119. Re:Illegal? by walterbyrd · · Score: 1

    I was thinking that "I don't know" would be the appropriate answer, if you have never been convicted.

    Is it legal to listen to copyrighted music on youtube? Honestly, I am not sure. Copyright laws are always changing, and very open to interpenetration.

  120. Arbitrary by jythie · · Score: 1

    Lists like this, including "morality clauses", are always fascinating and depressing to see. There are many activities of questionable morality, and they can only focus on so many. I suspect things like "speeding" and "sexual harassment" are not on the list for instance.

  121. FBI clean & pure as the wind driven snow by p51d007 · · Score: 1

    Yeah, like the FBI has NEVER done anything illegal themselves.

  122. Re: Ok, but by BitZtream · · Score: 2

    If you're in America and an American citizen, and you say you smoked pot last week, you've most certainly broken the law. You could be arrested instantly. You've just confessed to a crime.

    American law doesn't care if you were in another country where its legal to smoke pot when you did it last week, America still considers that to be an offense and you did break they law. We hold you not just to our own laws when you are hear, but also when you are else where, and you are also held to the laws of the country you are visiting.

    If you weren't visiting another country, then you've simply broken federal and possibly state and local laws. Pot is illegal across the nation, state laws do not supersede federal law.

    He doesn't need to search your car, you just confessed. If he's got a dash cam in his car or on his person, you've got no hope of lying your way out of it afterwords.

    What the hell makes you think you've not broken any law? The cop doesn't have to see you do it for you to be breaking the law, its the act of doing it part that matters from a legal perspective. The getting part caught only matters from a getting punished perspective. Getting or not getting punished does not change your guilt in any way.

    How the hell is your post insightful?

    --
    Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
  123. Re:Illegal? by Cassini2 · · Score: 1

    If you think that much about the answer, then the polygraph will assume you are lying.

  124. Re:Ok, but by freeze128 · · Score: 1

    If you think the word "derpers" is "Fedspeak", then you will probably also be excluded from hiring at the FBI.

  125. That explains some things... by cHiphead · · Score: 1

    By only hiring the liars that are able to escape detection, aren't they effectively guaranteeing corruption throughout the agency? Isn't that effectively what this policy means?

    --

    This is my sig. There are many like it, but this one is mine.
  126. Re:Ok, but by CanEHdian · · Score: 2

    From: FBI Field Office
    To: Anonymous Coward

    Thank you for your report. Rest assured, crimes with a Biden Index of 1.0 will be investigated and prosecuted thoroughly.

    P.S. we're hiring! Please send us your resume.

    --
    When the copyright term is "forever minus a day", live every day like it's the last.
  127. Re:Ok, but by jedidiah · · Score: 1

    The catch in all of this is that the original article seems to imply that ALL downloading is considered illegal by the FBI. They don't care if it's from legal sources or not. It sounds like they conflate using legal services with using The Pirate Bay.

    Pretty much ZERO millenials will be able to meet that standard.

    The people talking about the Amish and people over 50 probably have the right idea.

    So the FBI are a bunch of fascist retards? No great surprise there.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  128. Re: Ok, but by dj245 · · Score: 2

    Women aren't looking for a yes/no answer when they ask if their clothes are unflattering. They are trying to open a conversation on the subject of their entire look, including what is working, what is not working, and what elements are working together well, or clashing. They are not looking for you to "kill their question" as efficiently as possible. They are trying to invite detailed discussion and analysis.

    --
    Even those who arrange and design shrubberies are under considerable economic stress at this period in history.
  129. Time To Start A Criminal Enterprise by theedgeofoblivious · · Score: 1

    I'm sure that criminals will all be quaking in their boots to find out that the only people trying to catch them are people who couldn't even figure out how to get music for free.

  130. Turnabout is fair play! by meimeiriver · · Score: 1

    Siily Americans! It's like your retarded Jury system: you can't get on a Jury if you've read about the case in the newspapers, or watched the TV news. In other words, they just get complete braindead morons (which works out well, btw, as those hicks can be easily manipulated). In fact, if I were the FBI, I would not hire anyone, under 50, who HASN'T downloaded music! Just to ensure I'm not hiring yet another autistic recluse, utterly estranged from the world we live in.

  131. Re:Ok, but by DoomSprinkles · · Score: 1

    Yes it is. It leads to horrible, horrible, things like ginseng! http://www.realfarmacy.com/doz...

  132. Re:Ok, but by DoomSprinkles · · Score: 1

    drink very moderately

    DISQUALIFIED! NEXT?

  133. Re:Ok, but by wvmarle · · Score: 1

    That way the pool of potential candidates is pretty small. Especially as in this case they're talking about internships, which is typically for young people.

  134. Re:*LIE* by laird · · Score: 1

    The problem is that they ask everyone a question where the honest answer, for the majority of candidates, results in rejection, but lying and getting caught results in rejection. So basically they filter down to who either have absolutely no technical curiosity at all, or people who can lie and get away with it. Both of those are bad for the FBI, since they'll be populated by luddites and liers.

  135. you sure? -I'm [false] positive by camg188 · · Score: 1

    (Left un-explored is whether polygraph testing is an effective way to catch lies.)

    I don't know about catching lies, but I know that a polygraph test is an excellent way to convince people that an honest person is lying.

  136. Innoculation through Peer Block Subscription by Kevoco · · Score: 1

    I propose we give out Peer Block update subscriptions to all promising youngsters as a means of encouraging safe downloading and in this way precluding only the best liars from becoming FBI cogs.

  137. Re:Ok, but by denzacar · · Score: 1

    Happy birthday to you,
    Happy birthday to you,
    Happy birthday dear radtea,
    Happy birthday to you.

    There... Now everyone reading this thread is guilty of illegally downloading a song.

    And since FBI likes gathering prints...

    Yeah
    I was working part time in a five-and-dime
    My boss was Mr. McGee
    He told me several times that he didn't like my kind
    'Cause I was a bit too leisurely

    Seems that I was busy doing something close to nothing
    But different than the day before
    That's when I saw her, ooh, I saw her
    She walked in through the out door, out door

    She wore a
    Raspberry beret
    The kind you find in a second hand store
    Raspberry beret
    And if it was warm she wouldn't wear much more
    Raspberry beret
    I think I love her

    --
    Mit der Dummheit kämpfen Götter selbst vergebens
  138. The kind of assholes that can pass an FBI exam by ToddInSF · · Score: 1

    ...are exactly the kind of people that should never, under any circumstances, have any authority over the public whatsoever.

  139. Re:Ok, but by sudon't · · Score: 1

    Coulda swore I just read that the FBI was green-lighting dope smokers because they couldn't find enough qualified people otherwise? Ah, yes, here it is:

    http://www.nbcnews.com/news/us-news/want-work-fbi-pot-smokers-welcome-chief-says-n110911

    If they're gonna screen out downloaders, I mean, isn't that almost anyone who knows how to work a computer? The only people I've met who don't download media are those who haven't yet figured out how it's done.

    --
    -- sudon't

    Air-ride Equipped

  140. Re:Ok, but by ebvwfbw · · Score: 1

    So basically the FBI is only hiring people over the age of 50?

    No, they don't hire anyone over 35 last I knew. I found that out way after I turned 35.

  141. So, essentially by kaatochacha · · Score: 1

    The FBI is limiting themselves to people who have no understanding of online behavior.
    It's like hiring undercover drug snitches that have no experience with illegal substances beyond TV.

  142. Re: Ok, but by pete6677 · · Score: 2

    Yeah right. They are looking for only one answer, and if you want to stay married long you had better answer correctly.

  143. Re:Ok, but by maestroX · · Score: 1

    Use the Spores Luke, the Spores.

  144. Good luck finding cybersecurity people... by cowtamer · · Score: 1

    Not that I would ever promote illegal downloading...

    But this is a little bit like looking for expert medical marijuana growers who have never smoked anything in their lives.

    If they want to hire cybersecurity people who also happen to be millennials, they are basically restricting themselves to hiring "white hat" home-schooled Boy-scout types who've learned everything they know from some technical school. There's nothing _necessarily_ wrong with this -- but they are SERIOUSLY shrinking the size of their talent pool to about to maybe two to three thousand people who've never done this. Out of this small pool, they will have to find the applicants who are both ridiculously qualified and interested...

  145. Re:Ok, but by 91degrees · · Score: 1

    Plus people who have no idea of technology, and those who are particularly good t covering their tracks. I guess the last lot might be useful.

  146. Re:Ok, but by timothy · · Score: 1

    I think it was raised to 37 or 38 a few years back. (Second-hand knowledge from a friend who was interested and already over 35; FBI didn't work out, but State Department did ...)

    --
    jrnl: http://tinyurl.com/c2l8yr / foes: http://tinyurl.com/ckjno5
  147. Lie detectors detect stress by allo · · Score: 1

    and they cannot work, if you do not know, what is stress to the person and what is not. Questions like name, birth place and so on can be used to test "no stress". To test "stresses him", you need something you know its stressing. Illegal downloading is not. A questions about illegal downloading, which prevents you from getting the job will be quite stressing.

  148. just to answer the last question by ihtoit · · Score: 1

    the polygraph is about as reliable as chicken bones and as trustworthy as a politician's promise. It is not used in evidence in military court, or criminal court, and has only limited value (for arbitrary definitions of "value") in civil court. I do not know why the FBI insist on using it as a compass to honesty, because the process is a scam. The only truly deceptive person throughout an entire session is the examiner.

    --
    Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
    1. Re:just to answer the last question by JamieMcGuigan · · Score: 1

      Even if the polygraph is just theater, it serves the psychological purpose of a truth machine. Knowing that you are being monitored, would require a conscious choice to lie or tell the truth. This is in combination with the agencies active threat of major sanctions should it later discover a lie, however small. Thus the payoff for telling small lies is small, yet the apparent risk is high. By breaking the taboo on confessing small sins, it reduces the taboo on confessing medium sized sins. Thus the ritual requires making the upfront conscious choice as to which personal secrets are worth the risk of keeping secret (I'm a double agent) and which are non-important. Even if the test itself is not foolproof, the agent themselves will have full knowledge as to what they can be blackmailed on.

  149. Don't want financial troubles by penguinoid · · Score: 1

    Being in financial trouble will fail you for any security clearance. Not only does it show bad judgement, but it is a strong indication of susceptibility to bribes. While I'm sure you personally would not do that, how would they know?

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    1. Re:Don't want financial troubles by lesincompetent · · Score: 1

      "Susceptibility to bribes"? I agree but at the same time i can't help but notice that this comes from the same system that legalized bribery.
      If you're important enough, of course.

  150. Re: if you have a penchant for lying... by DocSavage64109 · · Score: 1

    Now we just need the FBI to vet all our politicians. It'd be interesting to see what our government would look like if noone lied.

  151. Re:Ok, but by VTI9600 · · Score: 1

    From whom? I was told many years ago by a retired agent who gave a talk at my high school's career day that their unofficial policy was to not hire anyone *under* the age of 30, because they wanted you to have several years of practical experience in some related field before they would consider you for a position.

  152. Unreliability by BrianPRabbit · · Score: 1

    Given the relative unreliability of polygraph tests, why would the FBI think using them is a good idea? Anyone willing to take one probably knows how to beat the exam.

  153. Have fun finding recruits by davydagger · · Score: 1

    Now that you want to wage cyber-war against the world, or protect against cyber-terrorism, good luck finding recruits. So instead of the best and the brightest, the NSA kow-tows to protecting the intrests of large corporations instead of the public at large. Anyone really supprised.

    But yeah, I don't think the FBI is recruting top tier people anyway. You'll get the same shit-tier bean counters who learned all they knew about computers in 4 years of college, who can't remember any of it because they are disintrested in the subject matter.

  154. People. by lucm · · Score: 1

    A former coworker of mine sells pirated movies at the office ($5 per DVD). She says it's legal because she downloads the movies using her paid Giganews subscription, so the movies are "hers".

    True story: her husband (who works in the same office) went to court to challenge a speeding ticket. He got caught driving 94mph in a 60mph zone, which puts him in the reckless driving category (max + 20mph). But he claimed that since other drivers were on average driving 75mph (says he), he would gracefully accept a fine for driving 19mph over the limit, not the higher fine for reckless driving. The "rising tide" defense...

    --
    lucm, indeed.
  155. Not the same by dbIII · · Score: 1

    They is a lot more to them than an IQ test and they don't pretend to cover everything like an IQ test which is why they are useful.

  156. Re:Ok, but by ebvwfbw · · Score: 1

    I wish they would raise it to 60 or something. Then the could bring in senior IT type managers. Guys like me. I could also tell them to get off of my lawn.

  157. Re:Ok, but by ebvwfbw · · Score: 1

    From whom? I was told many years ago by a retired agent who gave a talk at my high school's career day that their unofficial policy was to not hire anyone *under* the age of 30, because they wanted you to have several years of practical experience in some related field before they would consider you for a position.

    Looked it up - https://www.fbijobs.gov/114.as...
    23 less than X less than 37.

    Doesn't matter, I'm still well over a decade to old.

  158. law #10 by raymorris · · Score: 1

    "Don't screw your neighbors wife" is a social norm in most parts of 21 century USA, but it's been a punishable law in most places for most of the last 10,000 years. "Gave the law unto Moses ..." is a familiar phrase to Muslims, Jews, and Christians. Even in 21st century USA, it's enforced by a court who will formally throw the offender out of town.

  159. Re:Ok, but by TheTurtlesMoves · · Score: 1

    You do know that a polygraph test is bullshit. Your pass and fail is based on the charlatan running the test personal opinion of you. Casting lots, or reading tea leaves would work equally well. And if you fail. No Fed jobs for you. Ever.

    --
    The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
  160. Re:Ok, but by Attila+Dimedici · · Score: 1

    While you are correct that the person running the test may interpret the results based on their opinion of you, most of the time, the test is used to determine how nervous you are when answering a question. The assumption being that if you are lying you will be more nervous than if you are telling the truth. So that even if the person running the test is genuinely attempting to get an accurate reading, it does not actually mean anything. This means that anyone with sufficient self-discipline (and in the case of a polygraph test, "sufficient" is a fairly low bar) can pass an honestly administered lie detector test while lying through their teeth.

    --
    The truth is that all men having power ought to be mistrusted. James Madison
  161. the FBI copyright warning before every movie by surd1618 · · Score: 1

    If you ever took this unseriously, you disrepected the FBI, in a very personal way.

  162. Re:Ok, but by surd1618 · · Score: 1

    Poor people have tons of computers. I help at a soup kitchen. Many have newer smartphones than I do (but I'm not a early adopter).

  163. Re:Ok, but by surd1618 · · Score: 1

    It's spelled asinine, which is weird because MW says "from asinus, ... of or like an ass."

  164. Re:Ok, but by quantaman · · Score: 1

    Then they won't hire you.

    Or maybe they'll still hire you, they just want your dirty laundry in the open.

    It's like any politician, it's not the bad stuff you admitted to that gets you, it's the bad stuff you lied about.

    If I'm the FBI I'm worried about my agents having undisclosed secrets, not just for the potential of people blackmailing them, but because defence attorneys might find out those dirty secrets, use them to discredit an investigator, and get a case thrown out.

    In that light if an applicant is so secretive they won't even admit to something as inane as copyright infringement then how do you expect that they'll disclose the serious stuff. For instance that one of their former best friends is now a drug smuggler so you shouldn't assign them to investigate a rival cartel so it doesn't look like an attempt to eliminate the competition.

    --
    I stole this Sig
  165. Next: speeding by Hypotensive · · Score: 1

    Next they will refuse to hire you if you ever went 1mph or more over the national speed limit.

  166. Like Men and Porn by Jimbo+God+of+Unix · · Score: 1

    Like that study where they tried finding men who hadn't seen any porn, they wont be able to find anyone who hasn't done it.

  167. Re:Ok, but by pnutjam · · Score: 1

    Unfortunately true, and probably a good sprinkling of super christians, like the Duggers.

  168. Re:Ok, but by Safety+Cap · · Score: 1

    ~ but they're practically begging FSB and PLA to infiltrate them.

    Why would the Fuqua School of Business and the Public Library Association want to infiltrate the FBI?

    [Business] Leaders are [Federal] Readers?

    --
    Yeah, right.
  169. Re: Ok, but by Safety+Cap · · Score: 1

    ~ if you want to stay married long you had better answer correctly.

    Wife: "Honey, does this dress make me look fat?"

    Husband: (curls up into fetal position and starts sobbing quietly to himself)

    --
    Yeah, right.