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State Board Concedes It Violated Free Speech Rights of Oregon Man Fined For Writing 'I Am An Engineer' (oregonlive.com)

According to Oregon Live, "A state panel violated a Beaverton man's free speech rights by claiming he had unlawfully used the title 'engineer' and by fining him when he repeatedly challenged Oregon's traffic-signal timing before local media and policymakers, Oregon's attorney general has ruled." From the report: Oregon's Board of Examiners for Engineering and Land Surveying unconstitutionally applied state law governing engineering practice to Mats Jarlstrom when he exercised his free speech about traffic lights and described himself as an engineer since he was doing so "in a noncommercial'' setting and not soliciting professional business, the state Department of Justice has conceded. "We have admitted to violating Mr. Jarlstrom's rights,'' said Christina L. Beatty-Walters, senior assistant attorney general, in federal court Monday. The state's regulation of Jarlstrom under engineering practice law "was not narrowly tailored to any compelling state interests,'' she wrote in court papers. The state has pledged the board will not pursue the Beaverton man any further when he's not acting in a commercial or professional manner, and on Monday urged a federal judge to dismiss the case. The state also sent a $500 check to Jarlstrom in August, reimbursing him for the state fine.

Jarlstrom and his lawyers argued that's not good enough. They contend Jarlstrom isn't alone in getting snared by the state board's aggressive and "overbroad'' interpretation of state law. They contend others have been investigated improperly and want the court to look broader at the state law and its administrative rules and declare them unconstitutional. In the alternative, the state law should be restricted to only regulating engineering communications that are made as part of paid employment or a contractual agreement.

178 comments

  1. The power of being right. by Anonymous Coward · · Score: 1

    It's awesome.

    1. Re:The power of being right. by Anonymous Coward · · Score: 0

      But not yet good enough ;)

  2. Re: Bad news for AGW/CC acolytes by Anonymous Coward · · Score: 1

    You are way off topic but even your own quote says no change in the RATE of warming which according to that quote is 0.096 ... LOL you don't even know what propaganda you are pushing

  3. Re:Bad news for AGW/CC acolytes by sjames · · Score: 3, Insightful

    You should look up acceleration in the dictionary.

    A car coming towards you at 20 MPH need not accelerate to squash you.

  4. Halfway there. by Gravis+Zero · · Score: 5, Funny

    Ok, so who's getting fired?

    --
    Anons need not reply. Questions end with a question mark.
    1. Re:Halfway there. by Anonymous+Cashews · · Score: 2, Funny

      Ok, so who's getting promoted?

      FTFY — This is state government. No one gets fired.

    2. Re:Halfway there. by Anonymous Coward · · Score: 0

      Ok, so who's getting arrested, charged with a crime and put on trial?

      FTFY for the both of you.

      Remember kids, 18 U.S. Code 242 is a thing, and violating someone's constitutional rights is a felony, and you don't go to jail unless a mob..er..jury decides as such.

      Fines are easy, we just run up the debt a little more. Firings are a little harder because of government unions. Jailtime on the other hand sends the message "we police our own". Of course, when the government doesn't police themselves, usually means they're in on the scam. Personally, if I were the affected party, I'd press charges.

    3. Re:Halfway there. by Anonymous Coward · · Score: 0

      Ok, so who's getting arrested, charged with a crime and put on trial?

      FTFY for the both of you.

      Remember kids, 18 U.S. Code 242 is a thing, and violating someone's constitutional rights is a felony, and you don't go to jail unless a mob..er..jury decides as such.

      Fines are easy, we just run up the debt a little more. Firings are a little harder because of government unions. Jailtime on the other hand sends the message "we police our own". Of course, when the government doesn't police themselves, usually means they're in on the scam. Personally, if I were the affected party, I'd press charges.

      So Antifa thugs shouting down speakers they don't agree with aren't just mindless Marxist morons, they're actual felons?

      Imagine that...

    4. Re:Halfway there. by Wrath0fb0b · · Score: 2

      Let's suppose for a second that they fired someone over it, justifying it because the OR DOJ found that this employees action were unlawful. Let's suppose that it happened again, do you think the OR DOJ would be as likely to find that it violated the law? Or do you think they might feel some pressure to drag out the investigation, or not investigate at all saying they have higher priorities.

      No one is against accountability. But at the same time, harsh penalties can counter-intuitively reduce accountability by either a "circle the wagons" mentality and/or desire not to investigate fully in order not to produce a paper trail.

      Since we're talking about engineering[2], in most cases when there's a major screwup, the correct engineering response would be to adversarially red-team it and produce a full and complete accounting of the various problems in the process/execution and steps that could have been done better. When I've asked people why they don't do this, it's very clear: conducting an internal investigation is just begging for an opposing counsel to get it in discovery and use it against you. And it's pretty compelling too: "even $COMPANYs internal review found ways they could have done it better[1]".

      Besides the paradoxical effect of reducing accountability, organizations lose an enormous venue for improvement. When done in good-faith[3] and without the desire to nail someone for a failure, there is a massive potential for gain here. Instead, by discouraging them, we deprive the organization of the best opportunity to avoid making the same mistake again.

      So yeah, you can ask for the guy's head on a pike, but just be aware that the next guy will see that and be less inclined to frankly admit his overstep and correct himself and more inclined to fight it to the end. That fight is not as useful at setting things right as you might believe.

      [1] It's a human endeavor. You can always find ways to do it better!

      [2] I've heard anecdotally that this is also true in medicine: that even a semi-formal review of what went wrong is strongly discouraged for liability reasons. I can't fathom how much improvement in medicine this has stymied.

      [3] Of course, sometimes they are just an exercise in corporate politics and blame-the-other-guy. Footnote [1] applies recursively: even the method for finding better ways to do things has better ways to do it.

    5. Re:Halfway there. by Anonymous Coward · · Score: 0

      "government. No one gets fired."

      Something you have personal experience with, totally-not-creimer? After HR tracked you down in the storage closet and they had to explain to you for the fifth time what your job really is?

    6. Re:Halfway there. by squiggleslash · · Score: 1

      Let's suppose that it happened again, do you think the OR DOJ would be as likely to find that it violated the law? Or do you think they might feel some pressure to drag out the investigation, or not investigate at all saying they have higher priorities.

      They'd be likedly to find that it violated the law, given there's precedent and absolutely no risk associated with prosecution.

      No one is against accountability. But at the same time, harsh penalties can counter-intuitively reduce accountability by either a "circle the wagons" mentality and/or desire not to investigate fully in order not to produce a paper trail.

      Yes, but that would apply to whatever department violated the law in the first place, and they have little incentive to cover it up. This was fairly clear cut: they weren't simply ignoring the engineer's comments, but trying to intimidate him with a lawsuit. If they do it again, no amount of hiding paper trails is going to remove the evidence that they filed a bogus lawsuit against someone to intimidate them.

      If there's literally no paper trail, then the head of the department that made the decision is the one that'll get fired. That gives him or her a pretty strong incentive not to do it.

      You're acting like this was a procedural misstep. It wasn't. It was, very obviously, a malicious, false, lawsuit filed by an out of control publicly funded body that cannot take criticism despite being absolutely required to by the nature of its existence within a democracy. That's a level of malice where, actually, you do need to think in terms of removing people. You might even need to think of closing the office altogether.

      Your comments, while I'm sure well meant and while applicable in scenarios like "The engineer crashed the train after failing to slow at a signal where this happens frequently", or even "They specified the wrong load rating for the bridge", doesn't apply here. It's not that kind of situation.

      --
      You are not alone. This is not normal. None of this is normal.
    7. Re:Halfway there. by Anonymous Coward · · Score: 0

      Let's be clear about what happened here. A private citizen, with an educational background in the relevant field, repeatedly, loudly and publicly, stated that the state was defrauding drivers by setting their traffic lights in a way which was both against industry standards and which made it almost impossible for drivers not to be in violation of the law.
      The state's answer, rather than fixing the problem was to attempt to use the levers of state power to punish and suppress the person releasing the information.
      This was no public servant, slightly drawing outside the lines, this was the worst kind of malfeasance and deserves to be prosecuted to the fullest extent of the law, so the next guy is too afraid to pull this kind of crap.

    8. Re:Halfway there. by Archangel+Michael · · Score: 1

      Of course, when the government doesn't police themselves, usually means they're tyrants.

      FTFY.

      In this case, little "t" tyrants, petty; power hungry none the less. Abuse of power is abuse of power. But its okay, since it is Oregon. ;)

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    9. Re:Halfway there. by Wrath0fb0b · · Score: 1

      They'd be likedly to find that it violated the law, given there's precedent and absolutely no risk associated with prosecution.

      No, they wouldn't. Faced with the fact that a finding would lead to a firing, they would hem and haw and point the blame. They would blame the legislature for not making it clear and dither for a few months until everyone forgot.

      Forcing people to pull the trigger almost never works in real organizations.

      Oh, I see. I thought you were talking about actual organizations that exist in the real world. Instead, it appears you be talking about a fantasy world in which any employee can get a political appointee fired.

      Carry on. If you ever do decide to learn about organizations that exist over here, we've got some good reading for you.

    10. Re:Halfway there. by Wrath0fb0b · · Score: 1

      They'd be likedly to find that it violated the law, given there's precedent and absolutely no risk associated with prosecution.

      No, they wouldn't. Faced with the fact that a finding would lead to a firing, they would hem and haw and point the blame. They would blame the legislature for not making it clear and dither for a few months until everyone forgot.

      Forcing people to pull the trigger almost never works in real organizations.

      If there's literally no paper trail, then the head of the department that made the decision is the one that'll get fired. That gives him or her a pretty strong incentive not to do it.

      Oh, I see. I thought you were talking about actual organizations that exist in the real world. Instead, it appears you be talking about a fantasy world in which any employee can get a political appointee fired.

      Carry on. If you ever do decide to learn about organizations that exist over here, we've got some good reading for you.

    11. Re:Halfway there. by Anonymous Coward · · Score: 0

      But such bureaucratic behavior is the result of individuals---there was ONE person who said ``yeah, we'll make this guy's life miserable.''

      That's the piece-of-crap ``public servant'' that should be fired, because it's unlikely they'll stop... in fact, they might step up their game after noticing that they can screw up lives without recourse.

    12. Re:Halfway there. by Anonymous Coward · · Score: 0

      "Never attribute to malice that which is adequately explained by stupidity."

    13. Re:Halfway there. by Anonymous Coward · · Score: 0

      Note to the armchair lawyer: This is not legal advice. Feel free to hire an attorney if you want to get an honest-to-goodness certifiable explanation of why you're wrong.

      Did you even bother to read the law you're talking about? You can't throw random statutes against the wall in the hopes that something sticks.

      Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens

      This could only be applicable if the person who cited Mr Jarlstrom knew it was against the law and did it anyway. If the person honestly believed they were enforcing the rules correctly, then there was no willful violation of civil rights. Thus, no violation unless you can prove some nefarious intention. And since it's criminal law, the standard of proof is "beyond a reasonable doubt".

      There is a reason why laws include qualifiers such as intentionally, negligently, willfully, etc. They limit the scope of the law; it only applies when those qualifying conditions are satisfied.

    14. Re:Halfway there. by EndlessNameless · · Score: 1

      This was fairly clear cut: they weren't simply ignoring the engineer's comments, but trying to intimidate him with a lawsuit.

      Jesus Christ, relax. It's administrative overreach, but it's over now.

      Because the AG forced them to admit that they don't have the authority to control the word "engineer", they'll have to knock it off.

      you do need to think in terms of removing people.

      If there is clear evidence that they intended to silence him, then sure go ahead. Otherwise, just make sure it doesn't happen again.

      This is way 99% of government agencies work. Someone does something stupid because there's no rule against it, then someone else writes a policy to ensure it doesn't happen again. If it ever happens again, there are consequences for violating the written policy.

      You might even need to think of closing the office altogether.

      Now this is straight up stupid. The office exists for a good reason, and it can continue to serve its purpose. If someone can't design or build things safely, he should not be allowed to do it at all.

      --

      ---
      According to the latest ruleset, this post should be modded as Vorpal Flamebait +5.
    15. Re:Halfway there. by Dread_ed · · Score: 1

      Awesome that this guy only wanted the state to stop intentionally killing people and the result is we are now talking about bringing up state officials on charges because while trying to silence him they violated his right to free speech.

      No charges for intentionally killing people. No charges for conspiring to silence someone who just wants the government to stop killing people. No charges for intentionally prosecuting someone because their appeal to stop murdering people came between some official and their cash cow.

      Nope. Fuck that. Killing people for fun and money is what the government does. Welcome to America.

      --
      When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
    16. Re:Halfway there. by Dread_ed · · Score: 1

      Inordinate self interest is both malicious and stupid. Never underestimate the ability of humans to possess both characteristics in infinite amounts.

      --
      When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
    17. Re:Halfway there. by Dread_ed · · Score: 1

      You used the word "defraud."

      You are aware that short yellow lights "defrauded" people of their blood, limbs, organs, and in some cases, their lives, correct?

      The government was intentionally maiming and killing people to make money. When they got called on it they illegally attacked the messenger through the power of the government.

      The people involved with this should be executed. They have shown that when given the authority to make changes to the lives of others the results are needless pain and death, and when someone tried to help them correct the problems they created their response was intentional injustice.

      They are not fit to live, much less govern.

      --
      When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
    18. Re: Halfway there. by Anonymous Coward · · Score: 0

      Actually there is a rule against it, it's called the first amendment to the UNITED STATES CONSTITUTION and "don't do it again" isn't a remedy any more than "oops it was me, can we just forget about it" is a remedy to robbery, treason, or any other crime.

    19. Re:Halfway there. by Marxist+Hacker+42 · · Score: 1

      I got fired from state government for browsing slashdot.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
  5. Why the desperation? by Anonymous Coward · · Score: 1

    Why did they go to such lengths over traffic lights? This seems to have been a rather sore spot for them.

    The man was an engineer simply not registered in that state and was not attempting to drum up business but rather had given them a formula to replace the mathematical formula first developed in 1959 which only allowed for either stop or ticket when the yellow light was lit up treating it like a red light.

    I would take a guess (which is worth nothing) that they knew about this issue probably for decades and continued with the flawed scenario doing a calculation of cost of fixing the problem vs cost of being sued for the problem (sort of like the fight club car recall formula). /*For those interested in the fight club car recall formula*/
    Narrator: A new car built by my company leaves somewhere traveling at 60 mph. The rear differential locks up. The car crashes and burns with everyone trapped inside. Now, should we initiate a recall? Take the number of vehicles in the field, A, multiply by the probable rate of failure, B, multiply by the average out-of-court settlement, C. A times B times C equals X. If X is less than the cost of a recall, we don't do one.

    1. Re:Why the desperation? by sjames · · Score: 5, Interesting

      They want lots of lovely ticket revenue and he demonstrated mathematically that they had rigged the lights such that it was not always possible to obey the light even while driving lawfully. That would cut into that ticket revenue and could even cause them to have to give some back.

      People were hearing his message and starting to raise a fuss about it so they acted in haste to shut him up. Now they're going to be educated in the Streisand effect.

    2. Re:Why the desperation? by Anonymous Coward · · Score: 0

      Ah thank you, I did not know that. I had only thought as far as how expensive the problem was to fix, not about its victims which stretch back 58 years.

      Er...They are going to fix the problem right?

    3. Re:Why the desperation? by Anonymous Coward · · Score: 0

      Why did they go to such lengths over traffic lights?

      Welcome to the Merican government culture. Now please step aside with your hands up and remove all your personal belongings.

    4. Re:Why the desperation? by Narcocide · · Score: 1

      Oregon is a very boring place.

      Also, I am a doctor.

    5. Re:Why the desperation? by Dutch+Gun · · Score: 4, Insightful

      Why did they go to such lengths over traffic lights?

      Generally speaking? Because small-minded people in power love to push others around, just because they can. Doubly so when someone dares to calls them out on an issue within their two-bit little fiefdom.

      --
      Irony: Agile development has too much intertia to be abandoned now.
    6. Re:Why the desperation? by K.+S.+Kyosuke · · Score: 1

      Is that why it almost spells like Boregon?

      --
      Ezekiel 23:20
    7. Re:Why the desperation? by Maritz · · Score: 1

      Don't worry, the standard for the term 'doctor' is being violently eroded over in the US. Thank 'naturopaths' (a.k.a fake doctors).

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
    8. Re:Why the desperation? by Anonymous Coward · · Score: 0

      I would take a guess (which is worth nothing) that they knew about this issue probably for decades and continued with the flawed scenario doing a calculation of cost of fixing the problem vs cost of being sued for the problem

      You're giving them way too much credit.

      It is far more likely that they knew nothing, and when even slightly challenged about what they knew, attacked to defend themselves and their lack of knowledge.

      Remember, this is government.

    9. Re:Why the desperation? by Anonymous Coward · · Score: 0

      Oregon is a very boring place.

      Also, I am a doctor.

      You may be *a* doctor, but I am The Doctor.

    10. Re:Why the desperation? by ArsenneLupin · · Score: 1

      Take the number of vehicles in the field, A, multiply by the probable rate of failure, B, multiply by the average out-of-court settlement, C. A times B times C equals X. If X is less than the cost of a recall, we don't do one.

      Wasn't this basically what Ford did with the Pinto?

      In order to send a stern signal to other companies which might be tempted to use the same reasoning, the courts' solution was to greatly increase C (damages awarded)...

    11. Re:Why the desperation? by jellomizer · · Score: 1

      Lower taxes and increase fines.
      The federal and state officials look like saints for lowering taxes. While the cash strapped towns are the devils for strict enforcement and high fines to pay off their bills.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    12. Re:Why the desperation? by b0s0z0ku · · Score: 0

      So cut the bills. No, I don't mean cut spending on schools. I mean, reduce police forces by 50%. Limit jail population and consolidate jails. Stop spending money on petty drug, consenting-adult prostitution, immigration, and moral crime enforcement (drinking in public, etc). Only go after actions that directly and immediately endanger others in the community.

    13. Re:Why the desperation? by Applehu+Akbar · · Score: 1

      Oregon is a very boring place.

      Also, I am a doctor.

      http://boringoregon.com/

    14. Re:Why the desperation? by Anonymous Coward · · Score: 0

      Doctor eh?
      In Australia we have 7 states. You can be a medical GP doctor in one state, but need to apply to work in other states. So if you are driving interstate - and see an accident - for insurance purposes you don't stop and keep on going.

      Be it Engineer Lawyer or doctor, they should not be hassled for self representation or self medication. This is how fracking engineers got away with wrecking North dakota -by discouraging external engineers.

    15. Re:Why the desperation? by Anonymous Coward · · Score: 0

      Quite some 'real' doctors are also naturopaths, simply because they found out naturopaths can actually cure some diseases where 'real' doctors can only battle symptoms, and sometimes even make them worse in the process. Like giving insulin to a diabetes type 2 patient. Diabetes 2 is a problem of too much insulin, which leads to insulin resistance, which leads to more insulin production, until your pancreas (almost) gives up. Insulin also leads to obesity. So, lower your insulin (eat no more carbohydrates and only tiny amounts of proteins--which also raise insulin albeit less) so that your insulin sensitivity can be restored and your body healed. 'Real' doctors simply prescribe insulin and advise to keep on eating carbohydrates and injecting more and more insulin, while (some) naturopaths use their brains and put you on a diet which lowers your insulin production and actually heals.

    16. Re:Why the desperation? by Anonymous Coward · · Score: 0

      So, where's your degree? Järlström has his, from a pretty good uni at that. So, cough it up, bitch.

    17. Re:Why the desperation? by Anonymous Coward · · Score: 0

      How feckin-A stupid are you Bocso? You some kinda bleeding heart Trotsky slut-bitch ?? Immigration direction threatens well-being of USA citizens by diluting their stake-hold in politics, jobs and public lands. Muzzi-wog, NarcoMEX and Bantu border-jumpers ... and their race-traitor pimps need the full-faith and-violence of the Feds to keep them out and brutally wash-them-away if resident.

    18. Re:Why the desperation? by Anonymous Coward · · Score: 0

      Laws of unintended consequences - California did that and now stealing a bike, pickpocketing and even some light B&E is a "quality of life crime"

    19. Re:Why the desperation? by b0s0z0ku · · Score: 1

      If the people doing these things can be stopped via probation and intervention before they graduate to more serious/violent crime, that's a good thing. Sending them to "crime university" aka "gang induction camp" aka state prison for 5-10 years is a stupid solution. The solutions are availability of educational opportunities to all, availability of mental health intervention, and keeping people out of jail when possible.

      1% incarceration rate shows that our system is failing at what it's supposed to do.

    20. Re:Why the desperation? by b0s0z0ku · · Score: 1

      "Race traitor" is just slang for "someone who's dating/got married to a member of a different 'race' that's more attractive than someone whom you'd ever hope to meet."

      And I use 'race' in quotes, because biologically-speaking, there's only one race. The human one. All other distinctions are mostly arbitrary.

    21. Re:Why the desperation? by jediborg · · Score: 1

      THIS. I don't think the general public is aware of how petty and power-hungry local politicians are.

      Now just imagine what the federal politicians are like behind closed doors

    22. Re:Why the desperation? by jediborg · · Score: 1

      If you don't think that your county/city government is doing the exact same thing (or something analogous) in your town, you are incredibly naive. Also we know from studies that red light camera's cause more accidents than they prevent (unintended consequence of people slamming on breaks at a yellow lights in order to avoid a ticket) Camera's at intersections do nothing but fleece the population of money.

    23. Re: Why the desperation? by sjames · · Score: 1

      Except that he actually did show mathematically that there existed a window where the yellow wasn't long enough to stop or clear the intersection before the red for a car obeying the speed limit. That may only be true of some of the lights or it may have only been true until a change was made to avoid backlash.

      Nevertheless, his free speech was certainly violated and no plausible explanation of the behavior suggests good intentions.

    24. Re:Why the desperation? by sjames · · Score: 1

      I certainly do suspect that many local governments do that and other dirty tricks. Red light cameras are a frequent source of such abuses. It is notable that in places where the courts have ordered appropriate lengthening of the yellow light, the red light cameras quickly disappeared. Then of course, there are the convictions for bribes and kick-backs in Chicago.

  6. Re:Streisand Effect by ClickOnThis · · Score: 5, Informative

    Maybe this guy won his case, but it's pretty damn clear now that he is not an engineer.

    Doh, okay, it's abundantly clear I didn't read the article. He is in fact an (electrical) engineer, just not one who is licensed to practice in the state of Oregon. Sorry.

    --
    If it weren't for deadlines, nothing would be late.
  7. One thing is clear by eclectro · · Score: 5, Funny

    To all those on Slashdot who defended the Oregon Board of Examiners (and there were a few of you that did), this would be a very good time for you to sit down and have this here warm cup of STFU.

    --
    Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
    1. Re:One thing is clear by Impy+the+Impiuos+Imp · · Score: 1

      And we serve those cups of STFU as unregistered baristas -- unregistered bikini baristas.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    2. Re:One thing is clear by Zmobie · · Score: 3, Interesting

      I'll admit I was fairly certain they were indeed allowed to fine him when I first read about. I thought it was heavy handed originally though still legal, but I'll eat my humble pie and be rather surprised that the ruling went in his favor. I guess technically speaking he wasn't doing it in a commercial capacity so these laws don't apply. Not sure I agree with them going after anything beyond a review of some of the fines they may have incorrectly levied against individuals under the same circumstance, but we will see how far they take it.

    3. Re:One thing is clear by Anonymous Coward · · Score: 0

      Technically speaking? Are you certified to work in IT in my small Chinese province? No? Okay then well drink your cup of STFU. The secret ingredient is margarine to help marginalize the taste in every cup of STFU.

    4. Re:One thing is clear by Anonymous Coward · · Score: 0

      If by "technically speaking he wasn't doing it in a commercial capacity" you mean "he totally, and unequivocally wasn't doing it in a commercial capacity", then yes good sir, I agree!

    5. Re:One thing is clear by Anonymous Coward · · Score: 0

      Yes! That's awesome! ... Oh, ... wait... this is Slashdot, I......EWWWWWW!!! ... Now I'll NEVER get that image out of my mind!

    6. Re:One thing is clear by Anonymous Coward · · Score: 0

      Ewww.

    7. Re: One thing is clear by Anonymous Coward · · Score: 0

      No. to all those data and software engineers proud of their inflated job titles (over being mere analysts, developers or programmmers), shove your job title.

    8. Re:One thing is clear by Zmobie · · Score: 1

      Poor phrasing on my part, I really did mean to acknowledge he wasn't working in a commercial capacity at all so therefore the laws don't actually apply. I had previously been under the assumption that these types of laws applied to engineering work in general (whether commercially done or not) if done for anyone other than yourself, but clearly I was wrong about that.

  8. Honest question by slshdtisctrldbysjws · · Score: 1

    Can anyone provide an argument for why or why not this man is or is not an engineer? This is crucial to understanding the story but it's not being presented clearly.

    --
    My karma was manually wiped by site staff https://slashdot.org/~slshdtisctrldbysjws 18 mod up, 10 mod down = bad karma
    1. Re:Honest question by Anonymous Coward · · Score: 5, Informative

      He is Mats Järlström from Sweden, earned a degree in electrical engineering from Sweden’s Ebersteinska gymnasium in 1980.

      The crucial part of it is the way the law was written allowed overly broad abuse against anyone who called themselves an engineer while not registered in Oregon even if they are engineers.

      The application of this law in this case is suspect because the lights generate revenue and his correction of a 1959 mathematical formula (which treats yellow lights as red lights) would have decreased revenue.

    2. Re:Honest question by Anonymous Coward · · Score: 0

      He holds engineering degrees from Cornell and MIT. He is not licensed in Oregon as a professional engineer, which in most fields is required in order to practice engineering.

      The ruling seems to uphold his right to say the words "I am an engineer" without needing a professional engineering license.

    3. Re:Honest question by K.+S.+Kyosuke · · Score: 1

      earned a degree in electrical engineering from Sweden’s Ebersteinska gymnasium in 1980.

      You can earn an engineering degree in a gymnasium in Sweden? I though gymnasiums were non-trade-specific schools all through the Germanic world. They surely are around where I live. At best I'd expect strong math and physics background from a gymnasium graduate (which helps in this case), but not trade-specific education.

      --
      Ezekiel 23:20
    4. Re:Honest question by K.+S.+Kyosuke · · Score: 1

      He holds engineering degrees from Cornell and MIT.

      Who does? The article states that "Portland City Commissioner Dan Saltzman" has Cornell and MIT engineering degrees, but it doesn't say that Jarlstrom does.

      --
      Ezekiel 23:20
    5. Re:Honest question by Maritz · · Score: 1

      The ruling seems to uphold his right to say the words "I am an engineer" without needing a professional engineering license.

      In a non-commercial context. The only context in which that ever should have applied.

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
    6. Re:Honest question by Anonymous Coward · · Score: 0

      Yes, and no. You could, at least in the past earn the right to call your self "Gymnasieingenjör", also colloquially known as "femöresingenjör" (5 cent engineer) by studying a fourth year on top of the normal three years for the normal education in the relevant branch.

      None of that is relevant though, Mats Järlström is a proper EE. I can't find it know, but I think he went to KTH, which is the premier university in Sweden for engineering educations.

    7. Re:Honest question by Baron_Yam · · Score: 1

      He is an engineer by training, and anyone sane can look at his credentials and say, "Yes, he's an engineer by reasonable standards".

      What he is NOT is licensed to use that title professionally in the United States. Which he wasn't doing, but some embarrassed bureaucrats pretended he was to silence him when they found him annoying.

    8. Re:Honest question by pr0fessor · · Score: 1

      He has a degree but is not certified by the state of Oregon. Certification usually requires a degree some experience working under a certified engineer and an exam. I don't know if there are any states that don't require certification except when it comes to networking and telecommunications engineers.

  9. Good. by Jfetjunky · · Score: 1

    They did. The laws are designed to protect against someone who is unqualified from claiming to offer engineering as a service or offer their work as certified licensed work.

    The person down at the local subway can call himself a "sandwich engineer" if they so choose, but as soon as they start claiming they can design structures, power grids, etc for someone, they're in trouble.

    As an example, my good friend couldn't even put "engineering" in the title of his side business because he wasn't going to offer true engineering as a service. He is a licensed P.E. in three states..

    1. Re:Good. by K.+S.+Kyosuke · · Score: 2

      Usually, if a country says that you're an engineer, you are. Apparently Sweden claims he is, so he is.

      --
      Ezekiel 23:20
    2. Re:Good. by Hodr · · Score: 1

      In Sweden.

      Not all countries have the same professional standards. A licensed barrister in England for instance should not be able to sell their services as a lawyer in New York (maybe old York).

      And "countries" confer bullshit titles all of the time. Or would you agree that Kim Jong-Il was the "World Leader of The 21st Century", as was among his official State titles.

    3. Re:Good. by Anonymous Coward · · Score: 0

      Being outside of Sweden does not stop him from being an engineer. He may not be allowed to perform certain kinds of work professionally due to local regulations, but nothing changes the fact that Mr Järlström is an engineer.

    4. Re:Good. by blindseer · · Score: 1

      Usually, if a country says that you're an engineer, you are. Apparently Sweden claims he is, so he is.

      Does Sweden claim to be a country? :^) I kid.

      This comes up for people that have medical certifications from some nations and wish to practice medicine in the USA. Sure, you might have a license to practice medicine from Cuba but that means little here. People that were well recognized surgeons in Cuba will flee the country and if they are lucky they will get a license to drive an ambulance. Those not so lucky will get a license to drive a taxicab.

      I do not claim that the professional engineering license from Sweden makes this man unable to call himself an engineer. I only want to point out that not all certifications are equal and sometimes these documents can be forged, or obtained under circumstances that do not meet the rigor of where the person has immigrated to.

      It's sad to see people that have dedicated their lives to learning medicine and helping people be left to survive on driving a car for a living. I don't know of any simple resolution to this when the people come from nations known to be bad actors, who would gladly falsify licenses to practice medicine if it suited their needs.

      Is this man an engineer? Sure. I'm an engineer. I have two engineering degrees from an accredited university and at least ten years of experience doing engineering. I have no certification as an engineer, not even from Sweden, but I am an engineer.

      --
      I am armed because I am free. I am free because I am armed.
    5. Re:Good. by K.+S.+Kyosuke · · Score: 1

      I didn't notice that he was selling any services. He *is* an engineer, though; any English dictionary says so. And an English barrister in New York would still be a barrister. Or would he have to fill out "unemployed" if US visa applications (not sure about that) require to fill out your profession?

      --
      Ezekiel 23:20
    6. Re:Good. by Anonymous Coward · · Score: 0

      What is the standard for president again?

  10. Re: Bad news for AGW/CC acolytes by Anonymous Coward · · Score: 1

    Give the dude a break - he's probably Russian and doesn't speak a word of English.

  11. Re:Bad news for AGW/CC acolytes by Anonymous Coward · · Score: 4, Informative

    You should look up acceleration in the dictionary.

    A car coming towards you at 20 MPH need not accelerate to squash you.

    Hmm E=1/2 m*v^2. Suppose m is around 1500kg. 20mph = 8.94 m/s. I believe all the units are correct, so multiplying that out yields about 60k joules of energy. Terminal velocity is around 53m/s, so assuming a 62kg human, you get 87k joules of energy if you just went splat from an aircraft.

    The first would assume you were between a car and a brick wall and you received all the energy, which is an extreme case. At any rate, I suspect the 20mph one might be survivable, as long as your thrown out of the way, since your only getting a fraction of the available energy. (It could also easily be lethal or crippling.)

    I'm too lazy to read all the details about the Oregon man, but if he got a fine for saying he is an engineer, can't we give Trump a fine every time he says believe me, or maybe every time he resorts to juvenile name calling?

    Perhaps we could start with a 1 cent fine and double it each time. I'm betting he would be bankrupt within a month.

  12. Free speech by Anonymous Coward · · Score: 0

    Neat about the free speech and all, but we're all wondering first and foremost, how did it turn out with the traffic lights?

    1. Re: Free speech by Anonymous Coward · · Score: 0

      No one cares about the damn traffic lights. The question is: Can you walk around with an erection clasiming youâ(TM)re an Engineer?

    2. Re: Free speech by blindseer · · Score: 1

      Sure you can, but you'll be fined $500 for it. Not for calling yourself an engineer, but for walking around with an unlicensed erection.

      If you are going to erect anything around here we need prior notification of said erection sent to the traffic commission, fire marshal's office, city council, engineering office, and public utilities board. Draft reports will have to be filed on traffic and parking, fire safety, property tax estimates, structural stability, and water and sewage requirements before the erection license may be issued. The erection may not be occupied until final reports have been filed and an occupancy license issued. Issuance of any license may require payment of estimated fees and taxation at time of issuance.

      --
      I am armed because I am free. I am free because I am armed.
    3. Re: Free speech by Applehu+Akbar · · Score: 1

      No one cares about the damn traffic lights. The question is: Can you walk around with an erection clasiming youâ(TM)re an Engineer?

      Today you would be more likely to claim being a media personality or a political candidate, so as to profit from the witch hunt publicity.

  13. Re:Streisand Effect by Anonymous Coward · · Score: 0

    Many electrical engineers can work as electrical engineers without needing a state Professional Engineering license. I think the main reason is that states are not allowed to regulate interstate commerce.

  14. No SLAPP Argument? by mentil · · Score: 4, Insightful

    Considering the fine against him was essentially a SLAPP action, and Oregon has anti-SLAPP legislation, Mr. Jarlstrom should make the argument that an additional fine/restitution against the State Board should be applied in this case. Even if the specific legislation exempts the government, it could be argued by analogy.

    --
    Corruption is convincing someone that the selfless ideal is the same as their selfish ideal.
    1. Re:No SLAPP Argument? by sconeu · · Score: 1

      Not to mention a suit for violating his civil rights.... Should be a slam dunk, they admitted to it.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    2. Re:No SLAPP Argument? by Wrath0fb0b · · Score: 1

      Even if the specific legislation exempts the government, it could be argued by analogy.

      That's not how law works. When the legislature exempts or excludes application by explicit language, it means that the law cannot be argued to apply by implicit language. It's a form of the 'more specific rule' canon of interpretation.

      Remember, the legislature isn't even obligated to pass an anti-SLAPP law. They could repeal the entire thing, so barring extraordinary circumstances, they can chose where and when to have it apply.

    3. Re:No SLAPP Argument? by Anonymous Coward · · Score: 0

      Considering the fine against him was essentially a SLAPP action, and Oregon has anti-SLAPP legislation

      A fine is not a lawsuit. The L in SLAPP is for lawsuit. You'll need new SFAPP legislation.

      Even if the specific legislation exempts the government, it could be argued by analogy.

      WTF?

  15. Re:Bad news for AGW/CC acolytes by mnemotronic · · Score: 1, Insightful

    You should look up acceleration in the dictionary.

    A car coming towards you at 20 MPH need not accelerate to squash you.

    Hmm E=1/2 m*v^2. Suppose m is around 1500kg 20mph=8.94 m/s I believe all the units are correct, so multiplying that out yields about 60k joules of energy Terminal velocity is around 53m/s so assuming a 62kg human you get 87k joules of energy if you just went splat from an aircraft The first would assume you were between a car and a brick wall and you received all the energy which is an extreme case At any rate I suspect the 20mph one might be survivable as long as your thrown out of the way since your only getting a fraction of the available energy It could also easily be lethal or crippling.

    Is there a moderation code for "mansplaining gone amok"?

    --
    The Russians have won. They have made the world a cesspool of distrust, greed, fear and hate.
  16. Re:Bad news for AGW/CC acolytes by sjames · · Score: 1

    We certainly have a good case for it here. Even if I could moderate that post, I have no idea what moderation to give it. I can't even decide if it should be moderated up for all to see or down. Perhaps a zero valued WTF mod?

  17. Hmm... by BronsCon · · Score: 2, Interesting

    I wonder if the handful of morons who keep crying about how I'm such a liar and can never admit when I'm wrong will own up to the fact that I was right about this when it first came up a few months back. You know, with the facts and honest opinion I posted.

    In other words, will the idiots stop spreading lies and admit they were wrong? You know, the things they insist I can't do, despite the frequency with which I back up my posts with actual references, come back to post corrections when I learn new information, and thank those who point me in the right direction when I'm wrong.

    Will they? Huh? Will they be able to admit they were wrong?

    Yes, I know this is off topic and I'm prepared to face the downmods. I just had to call out UnknowingFool, Zero__Kelvin, zifn4b, and the rest of that crew. If I'm expected to admit when I'm wrong (and I do when it happens), I expect the same from them and, well, after the dicking they've been giving me for the past few months, I deserve to gloat once.

    In your face, assholes.

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    1. Re:Hmm... by drinkypoo · · Score: 2

      In other words, will the idiots stop spreading lies and admit they were wrong? You know, the things they insist I can't do, despite the frequency with which I back up my posts with actual references, come back to post corrections when I learn new information, and thank those who point me in the right direction when I'm wrong.
      Will they? Huh? Will they be able to admit they were wrong?
      Yes, I know this is off topic and I'm prepared to face the downmods.

      Ironically, you didn't back up your post with actual references. You shoulda linked to the parts where someone on Slashdot touched you.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:Hmm... by BronsCon · · Score: 0

      Those who did know they did. If they deny it (assuming they respond at all) I'll bother to back it up; after all, I'm on the offensive right now, no need to take a defensive posture.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    3. Re:Hmm... by sconeu · · Score: 4, Funny

      Those who did know they did.

      Ah yes... The old SCO gambit. "You know what you did, and if you didn't I'm certainly not going to show you."

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    4. Re:Hmm... by Anonymous Coward · · Score: 0

      if(sconeu===troll){doNotFeed();}

    5. Re:Hmm... by DamonHD · · Score: 1

      How to make friends and influence people!

      Maybe this whole story is not about you, just maybe.

      --
      http://m.earth.org.uk/
    6. Re:Hmm... by BronsCon · · Score: 1

      Maybe when a handful of people follow someone from comment section to comment section and consistently give them shit they shouldn't be surprised when they get called out for it. I'm not trying to make friends, here; the people I'm calling out aren't people I'd care to associate with if not for the fact that they follow me around here in an attempt to push my buttons.

      More to the point, as I've told the lot of them time and again, I find it entertaining that they think they're anything more to me than a source of endless entertainment. I'll be equally entertained by their response (or lack thereof, if that may be the case) to my pointing out the double standard; they expect of my more than they are willing to give of themselves.

      And, anyway, what are you doing responding to an off-topic post that isn't about you? I mean, you're welcome to it and, as the author of the off-topic post you were replying to, I'm certainly not one to judge; but maybe you should assess your own motives before questioning mine? Surely you've just learned that making a good shitpost every now and then can bring a bit of joy -- and if not, why did you post? Just food for thought.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    7. Re:Hmm... by BronsCon · · Score: 2

      Oh, I'll show them if they ask. They won't because they know.

      Cute, though. You managed to make me chuckle a bit; you earned that funny mod, for sure, and I'm just burning some karma for the hell of it. I'm curious if I'll be able to recover from Terrible to Excellent in 24 hours again like I did last time APK and his sock-puppet army came after me; I have to tank it first, though, to find out.

      And yes, I recognize that I'm worse than they are at this moment. If I don't give them some legitimate ammunition once in a while, they get bored and leave me alone... and that's no fun, now, is it?

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    8. Re:Hmm... by DamonHD · · Score: 1

      How useful is it to make scenes in public places just for the sake of it? You subtract from other people's enjoyment and focus. And no I don't think that being unpleasant/destructive just because you can is anything other than a selfish ego trip.

      If that's something that you do regularly, maybe *that* is why people are calling you out. Doing more of it isn't going to get them to stop.

      --
      http://m.earth.org.uk/
    9. Re:Hmm... by Maritz · · Score: 1

      Don't know you or the conversation history, but this is about as petty and bitter as posts get. Jesus fucking christ. Lighten up.

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
    10. Re:Hmm... by BronsCon · · Score: 1

      Aye, if this was my typical M.O. I'd be right there with you.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    11. Re:Hmm... by Anonymous Coward · · Score: 0

      Could you BE any more petty? SMH

    12. Re: Hmm... by Anonymous Coward · · Score: 0

      assuming youre the actual complaintant, you shouldve not thrown around your job title. your observations were notvenhanced by it. Wouldve been even better to have your 5 yr old daughter, perhaps with a cute picture of her holding a clip board, stop watch, and wearing an oversized safety vest and hard hat, too, making the complaint.

      Now could you instead work to get Beaverton and ODOT to work together to make the stoplight timings and sensors on Hall & Watson, where they cross TV Hwy/Canyon and Farmington roads, more responsive to actual traffic?

  18. Thankfully he is not a corporation by Anonymous Coward · · Score: 0

    So no real harm done. NEXT!

  19. Re:Streisand Effect by Anonymous Coward · · Score: 5, Informative

    I'm an EE. I looked into getting a license a few times, but nothing was relevant to the work that I do. The test seemed to cover things like electrical codes, power distribution networks and safety. Engineering is a wide field, the sample tests did not even touch on verilog, vhdl quantum mechanical or device geometry.

  20. Goshdurnit! It's the Republican Thing To Have Done by Anonymous Coward · · Score: 0

    Do it before anyone can counter and then it's done already! Yeeeehaaaaw! Ride them little girls! Yeeeeehaaaaq!

  21. Re:Streisand Effect by serviscope_minor · · Score: 2

    He is in fact an (electrical) engineer, just not one who is licensed to practice in the state of Oregon.

    It's even more specific: not licensed to practice as a licensed (sometimes called professional or chartered) engineer. He can almost certainly work as an electrical engineer in Oregon.

    --
    SJW n. One who posts facts.
  22. Name's Gilbert. J. Gilbert, she said by mnemotronic · · Score: 0
    ":Name's Gilbert. J. Gilbert," she growled, flashing her credentials. It was the biggest I'd seen in at least a month. Large and hefty with a considerable diameter. I notice things like that. "Impressive" I said, scanning the badge for the name of her agency. "OZ BEEF EELS" I said slowly, almost to myself, trying to work over in my mind where the connection was. "You here looking for Glinda's electric cattle prod?" I smirked mockingly. "Can't help you there. And don't ask about the Ruby Slippers." I warned her, grounding my teeth to show I meant business. The Slippers caper was still too fresh in my memory, along with the ring of lipstick around my .... well, let's just say around my neighborhood, since the kids may be reading this.

    "Prepositions and conjunctions are silent you moron" she spat back, rocking slowing up and down on the balls of her Christian Louboutin stiletto heels. "And it's pronounced OSBEELS. Like what I'm about to stick up yer OS if you give me any more B.". She paused to study me for any hint her threat had taken hold. I wasn't giving nothing away. She continued slowly "Oregon State Board of Examiners for Engineering and Land Surveying. We say who's got what and", smiling seductively, "how to measure it."

    It was starting to come back to me now. Jarlstromburg, something Swedish like that. Wheat farmer. Refugee from that deep-freeze known as Minnesota. He had moved to Beaverton and taken up running red lights, playing with stopwatches and tweeting traffic patterns. To OSBEELS. Yea, that's it. Claimed he was an engineer. Everyone knew the real story. He had the hots for that agency dame. What was her moniker? Jenaire? Jenson? Jender? I went through a mental list. "Jenn" I whispered to myself.

    "Whadda want? I'm still here". She was still there, tapping her toe impatiently and looking like she needed an answer to a question that hadn't been asked. "Jenn Gilbert" I said slowly, recalling the name from the badge she had tucked back into her Parfum bra. Underwire model, judging by the package. "Senior Inspector Jenn Gilbert" she corrected me, eyes narrowing to sans-serif. "And kicker of other people's asses" she added with a smile that can only come from someone that loves their work a little too much. She produced a slender Turkish cigarette out of nowhere and, voice softening considerably, looked at me and asked "Light me up, big boy?". I took it as sign we were about to talk business, and maybe other things, like what's a classy dame like you doing with a Saint Laurent alligator handbag, where was her driver, and did my breath still smell like plankton? I fished a trigger-operated MAP gas torch from my pocket and fired up her smoke. "My, you don't mess around do you" she sighed. "I like a man like that" and blew a perfect smoke ring toward my silk Thai stick tree. "My plants don't smoke" I cautioned her "but my underware does". I had to acknowledge the effect she was having on me. That seemed to relax her even more. She peeled off her tight Von Furstenberg blazer like a snake shedding it's skin, but with considerably less vomiting and flopping around. Her movement hypnotized me. By the time I came to she was seated on the leather exam table in the corner of my office. "You practicing without a license?" she asked, moving the leg stirrups out of the way. "Maybe we can do each other a favor" she breathed in a voice that would harden melted butter.

    --
    The Russians have won. They have made the world a cesspool of distrust, greed, fear and hate.
  23. Re:Streisand Effect by Anonymous Coward · · Score: 1

    certainly can, provided any work he does that requires a licensed "P.E." is signed-off by one.

  24. Re:Mats Jarlstrom may have won the case by Anonymous Coward · · Score: 2, Insightful

    Why? He didn't lie and he didn't claim to have any expertise he didn't have, so it would be rather inappropriate to refer to him as such.

  25. Re:Bad news for AGW/CC acolytes by K.+S.+Kyosuke · · Score: 1

    Around twenty years or so is the period where you even begin to have the chance to detect long-term patterns. Why should your 23 years impress me? Not to mention that "Acceleration In Global Warming" and "global warming" are obviously two different things. Well, it's obvious at least to people who haven't flunked freshman-level calculus.

    --
    Ezekiel 23:20
  26. Re:Mats Jarlstrom may have won the case by BronsCon · · Score: 5, Informative

    Except that he very clearly stated what his expertise was and does, in fact, hold the degrees he claims to hold. He phrased the traffic issue in terms of his expertise as "an expert in motional feedback (displacement, velocity and acceleration feedback) of powered speakers which includes the full understanding of motion of an object such as a loudspeaker cone (or a vehicle stopping or traveling through an intersection as in ORS811.260(4))"; he, then, provided an analysis of the issue framed by that expertise.

    And his analysis was correct, so you can hardly say he doesn't have the expertise he claims.

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  27. Re:Streisand Effect by K.+S.+Kyosuke · · Score: 1

    but it's pretty damn clear now that he is not an engineer.

    Of course. James Watt wasn't an engineer either. In fact there had been no engineers before Oregon was founded because only after Oregon was founded could Oregon certify people as engineers. /s

    --
    Ezekiel 23:20
  28. Re:Bad news for AGW/CC acolytes by Maritz · · Score: 1

    Whodathunkit

    No global warming to speak of for 23 years

    Hmmmm

    - snruter rotsac

    Yeah mate, the devil put the fossils in the rocks. The world is flat. We know.

    --
    I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
  29. Re:Mats Jarlstrom may have won the case by Anonymous Coward · · Score: 0

    Thanks for all the witchhunting, priest.

  30. We Are All Engineers! by tinkerton · · Score: 1

    Nous Sommes Tous Ingenieur(s).
    Although on second thought. Maybe not,

  31. Re:Streisand Effect by jellomizer · · Score: 2

    The field of engineering is way to broad for a single license.
    If your job is going to be doing dangerous things, or is somehow considered risky to the public, a license is a good to make sure you have the basic skills to do such a job safely.
    However if all your job is on a virtual environment, a license is just a waste of everybody’s time and money.
    An engineer is the job title that you do that covers a broad range of jobs, from creating software to driving trains.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  32. Re: Streisand Effect by Anonymous Coward · · Score: 0

    Amazingly, you can only become a PE after another PE signs off on your work experience. So it seems a bit catch-22.

  33. Re:Bad news for AGW/CC acolytes by Anonymous Coward · · Score: 0

    Well, even the fall out of an airplane "might be survivable". Thinking about it, even being hit by 20 bullets "might be survivable". You just need to be really, really lucky.

  34. Re:Mats Jarlstrom may have won the case by Anonymous Coward · · Score: 0

    Mats Jarlstrom may have won the case, but from now on will be known as "that lying bastard who claims expertise he doesn't have"

    Chrisq may have successfully made the slashdot comment, but from now on will be known as "that idiot who can't read a fucking article and understand it's contents"

  35. Dr. McCoy by cstacy · · Score: 1

    Did your RTFA? Did you see his photograph? Caption: "I'm an engineer, not a doctor, damnit!" http://image.oregonlive.com/ho...

  36. Re:Streisand Effect by Anonymous Coward · · Score: 0

    From what exactly? I'm not aware of his alma mater withdrawing his engineering degree or stating that it is somehow invalid. Do you have anything to backup that statement?

  37. Re:Name's Gilbert. J. Gilbert, she said by ColdWetDog · · Score: 1

    Sometimes I'm glad I don't have mod points.

    --
    Faster! Faster! Faster would be better!
  38. Good progress, stay on it by Anonymous Coward · · Score: 0

    The AMA doesn't try to own the word 'Doctor'.
    Instead they claim 'Medical Doctor'.

    It is crazy for the PE board to think they can own the word 'Engineer'.
    They got their hand slapped and backed off the fine on this one case saying it was ok because he wasn't getting paid.
    They clearly have not gotten the message yet.

    There are plenty of other folks with the right to call themselves Engineers. (Those with degrees, and driving trains, and just for fun.)
    The PE board needs to get over themselves and pick a more specific term to claim as their own.
    'Professional Engineer' seems more reasonable.
    'Certifiable Engineer' might be more close to the truth.

    1. Re:Good progress, stay on it by omnichad · · Score: 1

      Don't know if you meant 'Certified Engineer' or meant certifiable as a joke - as in "officially recognized as needing treatment for a mental disorder."

    2. Re:Good progress, stay on it by Anonymous Coward · · Score: 0

      Definitely intended Certifiable as in not quite grounded in reality.

      The PE board in practice is there to enhance the revenue stream of engineers and lawyers.
      Officially, it is there to protect the public from harm due to bad engineering.

      If the board wanted to do what it is supposed to, it could review the work this guy did on stop lights.
      If they find that he is correct, then they could go see the PE that approved this stuff and hold him accountable.

  39. Re:Streisand Effect by 6Yankee · · Score: 4, Insightful

    He's not an "engineer" by their definition, but I bet the asshats that pursued this wouldn't hesitate to label themselves as "public servants"...

  40. This Happened to Me by lazarus · · Score: 3, Interesting

    Many years ago I started a small software "engineering" shop with about a half dozen "engineers" (we used to call them that a lot more back then). Naturally, I thought it was a good idea to have "engineering" in the name of the company.

    This was fine for quite a while as we never advertised and we certainly would never have even dreamed of passing ourselves off as some kind of structural or electrical engineering company. Then one day I added another phone line to the office and the local telephone company (without my knowledge) put a "free" yellow pages "ad" in their listing for the company...

    The Association of Professional Engineers called me... They were good about it, but quite firm that I was absolutely not to do business under that name anymore unless I wanted to be sued out of existence. I changed the name at my inconvenience and expense. For good measure, I also changed my phone numbers.

    I honestly had no idea that there was a group of people (with a lot of lawyers) who had a claim over a word in the English language. I still think it's wrong.

    --
    I am not interested in articles about life extension advancements.
    1. Re:This Happened to Me by Just+Some+Guy · · Score: 1

      I think I would have legally changed my name to "Engineer Smith" just to be a pain in their ass.

      --
      Dewey, what part of this looks like authorities should be involved?
    2. Re:This Happened to Me by Anonymous Coward · · Score: 0

      Many years ago I set up a company and needed some software written that would be used in an important application with public safety implications. I looked for firms with the name "engineering" in them who could provide me with "engineers" who had completed degrees in software engineering, completed on the job training working for another engineer, and who were required to observe ongoing professional development obligations while practicing under a code of ethics.

      I'm grateful that I didn't hire your firm, where you were only pretending to be engineers. There's much more that goes along with being a member of the regulated profession of engineering than a name. That's why there are laws in place in most North American jurisdictions to regulate the practice of professional engineers in exchange for the right to the title.

    3. Re:This Happened to Me by blindseer · · Score: 2

      When I lived in Texas I saw a bit of an argument over the use of the word "engineer", or even the terms "professional engineer", "licensed engineer". or "certified engineer". What prompted this was the Microsoft certifications that had become popular with the software developers that were coming to the state. People started putting "Microsoft Certified Engineer" on their resume. It turns out that there is an old law in the state that only two people may lawfully call themselves an "engineer". They must either:
      - Have an engineering degree from an accredited university and passed the state issued exams for a professional engineer, or
      - Drive a train

      So, in your search for engineers how many people showed up for the interview in their best looking steel toed boots, freshly pressed coveralls, a bright bandana around their neck, with leather gloves neatly tucked in their belt, and a coal shovel in their hand?

      Yes, I know that's not what a modern train engineer looks like, but just put that image in your mind and think of how ridiculous it is to demand some kind of state protections on the use of any word. If you are looking for state certified engineers then state that in your job qualifications. Is it that hard to figure that out?

      I am an engineer. (And no, I don't drive a train.)

      --
      I am armed because I am free. I am free because I am armed.
    4. Re:This Happened to Me by Anonymous Coward · · Score: 0

      Well, there is no such thing as a "software engineer", only physics-based disciplines like electrical and mechanical can be held to the standard of "engineering". Why would you name your company after a fictional discipline?

    5. Re:This Happened to Me by Anonymous Coward · · Score: 0

      >Yes, I know that's not what a modern train engineer looks like, but just put that image in your mind and think of how ridiculous it is to demand some kind of state protections on the use of any word.

      I'd like to know someone who calls himself a 'lawyer' is licensed to practice law.

    6. Re:This Happened to Me by Anonymous Coward · · Score: 0

      and a coal shovel in their hand?

      Only the fireman would have a coal shovel.

    7. Re:This Happened to Me by blindseer · · Score: 1

      I think I would have legally changed my name to "Engineer Smith" just to be a pain in their ass.

      No, you're not thinking big enough. Change your middle name to Electrical. Last name, Engineer. First name? Anne.

      "Hi, I'm Anne Electrical Engineer."

      Don't want to go by "Anne"?

      Last name still Engineer. Middle name as Structural. First name as Arnold or something but just abbreviate it. "Hi, I'm A. Structural Engineer."

      Open a dental practice. Call it something catchy, like "A. Structural Engineer Bridgeworks"

      Go into the arts, have a shop called "Structural Engineer's Drawings"

      Anyone have better ideas? I'd like to have some fun with this.

      --
      I am armed because I am free. I am free because I am armed.
    8. Re:This Happened to Me by Just+Some+Guy · · Score: 1

      I like the cut of your jib.

      --
      Dewey, what part of this looks like authorities should be involved?
  41. Re:Bad news for AGW/CC acolytes by Anonymous Coward · · Score: 0

    Learn to read, dipshit.

  42. Re: Bad news for AGW/CC acolytes by Anonymous Coward · · Score: 0

    BOO-muthuh-FUCKEN-YAW, bichez!

    Yooz a sucka, bustuh. Best B fittin ta getcha sheet own ansum fohdeez uh ode EEZ! B up dey kikin onna cohnuh fuh duh dey! Fo lyfe, nigguh. Ya fih me? FO LYFE! No wuh omsain?

  43. Re:Streisand Effect by Anonymous Coward · · Score: 0

    The field of engineering is way to broad for a single license.
    If your job is going to be doing dangerous things, or is somehow considered risky to the public, a license is a good to make sure you have the basic skills to do such a job safely.
    However if all your job is on a virtual environment, a license is just a waste of everybody’s time and money.
    An engineer is the job title that you do that covers a broad range of jobs, from creating software to driving trains.

    That's why the purpose of the PE is to certify "minimum" competency in a given discipline and why there are so many tests, multiple tests for sub-disciplines as well like EEs who have specialties. The Controls Systems Engineer test I took and passed was loaded with "basic" questions but there were all things that a well-rounded I&C engineer with at least 4 years of experience should be aware of and that is what the license certifies.

    Also maintaining the license requires some substantial continuing education, which is another reason why it looks good on a resume as it shows that the engineer in question actually puts effort into keeping their knowledge current.

  44. Everyone is an Engineer by Anonymous Coward · · Score: 0

    In the land of the Free(TM), everyone is an engineer!

    The folks who change the TP and light bulbs in my office are the "building engineers".

    the folks who shovel the driveway in the winter are landscape engineers.

    the folks who take out the trash are sanitation engineers.

    the folks who drive me in a cab are transportation engineers.

    even the code monkeys who bang out java crapplets are software engineers.

    Where will it stop?

  45. Use of titles by Anonymous Coward · · Score: 0

    Why have any sort of monopoly over a title.

    Just Call Me Your Royal Highness Dr.Admiral Anne Nonymous Esquire Ph.D, M.D, DMD, PDQ, QED.

  46. Good luck!! by Anonymous Coward · · Score: 0

    "They contend others have been investigated improperly and want the court to look broader at the state law and its administrative rules and declare them unconstitutional. In the alternative, the state law should be restricted to only regulating engineering communications that are made as part of paid employment or a contractual agreement." Good luck! After all, this is Oregonistan you're talking about.

  47. Silicon valley engineers by Anonymous Coward · · Score: 0

    Why doesn't California go after all the web app developers who call themselves engineers but don't have an engineering degree? The title has been bastardized by the likes of Facebook and Google.

  48. Re:Mats Jarlstrom may have won the case by slashrio · · Score: 1

    You Oregonese just don't give up, do you?

    --
    "Trump!!", the new Godwin.
  49. Re: Streisand Effect by makerfixer · · Score: 2

    And Lawyers administer the bar exam and doctors administer their exams....

  50. Re:Streisand Effect by Archangel+Michael · · Score: 3, Insightful

    license is a good to make sure you have the basic skills ...

    That is not really saying a lot.

    ... to do such a job safely.

    Basic skills and Safely aren't really in the same ballpark IMHO.

    I happen to know people who should be "engineers" but don't have the piece of paper to say they are, as well as people that have the piece of paper, that really shouldn't. Piece of paper is just a barrier to entry and doesn't indicate any real competency.

    Once you realize that, you look beyond the paper for actual experience and proof of skill, which is what you should be doing regardless of the piece of paper requirement by the state.

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  51. Re:Streisand Effect by Archangel+Michael · · Score: 1

    Right, regardless of the fact that the PE might or might not understand anything the actual engineer did.

    I happen to know a Draftsman who works for an engineering company, he does ALL the engineering, and the guy signing the drawings can barely (if at all) read them, and most of the time doesn't even bother. If people actually knew that the guy with the piece of paper didn't actually do the actual work, they'd be freaking out. On the other hand, they should be grateful that they aren't. ;)

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  52. Re:Streisand Effect by CaptainDork · · Score: 2

    It doesn't matter if he's an engineer or not

    He said he was an engineer.

    "Free speech" means that the government can't punish you for what you say.

    That dosn't mean that a person can practice engineering without a license and to do so violates laws and ordinances crafted outside the protections of the 1st amendment.

    This guy did not "practice." There are no damages to show and, for that reason, the state has no standing.

    --
    It little behooves the best of us to comment on the rest of us.
  53. Re:Mats Jarlstrom may have won the case by Zmobie · · Score: 1

    Yea I don't think that was ever even a valid argument. The guy was most definitely knowledgeable enough and had the expertise to make the analysis. The only argument was if he was violating P.E. laws by claiming the title without having the certification in the state. Clearly the answer is no he was not now, so by all accounts he comes out ahead here.

    Even I, as a person that thought he probably did violate those laws originally, can't say anything negative about the guy concerning this whole debacle. The only even remote argument someone could make now is that it opens the door for people to use the term who really are not qualified. Problem with that though, either one, people don't give a shit what qualifications the person has anyway, or two, a little bit of research/questioning determines that person to be a fraud.

    Really the end result is sensible limits have been clearly established for the governing body. I am in favor of the P.E. system, and even if I mistakenly thought they had the authority to levy the fine, I can't say that I agreed they should have in that instance.

  54. Sweet by Murdoch5 · · Score: 1

    If calling yourself an Engineer is a free speech right, then I'm every cool, qualified title on earth.

  55. Re:Streisand Effect by Wootery · · Score: 1

    "Free speech" means that the government can't punish you for what you say.

    Apart from, you know, the exceptions. Like copyright, slander, perjury, inciting panic, inciting violence, false advertising, and yes, protected terms.

  56. DOWN WITH OCCUPATIONAL LICENSING! by jediborg · · Score: 1

    I'm glad the pendulum is swinging the other way towards freer labor markets and less occupational licensing, since study after study shows all it does is hurt those worst off in society who have a valuable skill they can use to earn money, but don't have the money to pay for the license to legally use that skill. Also these licenses mean that we as consumers pay more for the services, be it barbers, plumbers, nurses, doctors, etc.

    I don't care how well you did on some state-issued exam which may or may not be relevant to your job. All I care about is 'can you do the job i'm paying you for' and I determine that the same way most consumers do, Relying on the 'reputation market' of repeat business, branding, word-of-mouth, and review sites like yelp

  57. Re:Streisand Effect by CaptainDork · · Score: 3, Insightful

    Those "exceptions," you mention are not, "free speech." Like making money pretending to be an engineer, those are simply, "illegal."

    --
    It little behooves the best of us to comment on the rest of us.
  58. Re:Streisand Effect by Curunir_wolf · · Score: 1

    Exactly this. For instance, in order to be a chef or run a restaurant kitchen in many places you are required to have a ServSafe certification. That serves a state interest in ensuring that public eateries know how to serve food that is safe to eat.

    So you may end up with safe-to-eat food, but that doesn't mean it's any good.

    --
    "Somebody has to do something. It's just incredibly pathetic it has to be us."
    --- Jerry Garcia
  59. Re:Streisand Effect by tehSpork · · Score: 1

    The NCEES does now have a Computer Engineering option that looks much more reasonable for those of us that are more on that side of things. Sadly Oregon requires references from three licensed Engineers to apply. I have yet to run into anyone that is actually licensed (heck 90% of my coworkers haven't even taken the FE), likely because the CE option is very new.

  60. Re:Streisand Effect by Darinbob · · Score: 2

    In practice that paper is really only needed in a few limited instances, which can all be covered by one person on a team.

    A lot of this bickering about needing a paper before one can be an engineer sounds very similar to those claiming you can't be a plumber without a union card.

  61. Re:Streisand Effect by Anonymous Coward · · Score: 0

    There are no damages to show and, for that reason, the state has no standing.

    Armchair lawyer alert!

    You are wrong for the following reasons:

    1. Damages apply to civil law, not administrative. Administrative law has authority and effect in the absence of any damages.

    2. First, only the complainant must have standing.

    3. Also, standing is decided by the court when it is an issue. This was a ruling by the state attorney general.

    4. The AG decided that OBEELS lacked the authority to censure Mr Jarlstrom. Authority and standing are two entirely different concepts, and you would never mistake one for the other if you had any idea what you're talking about.

    Do us all a favor, and link to relevant expert opinion next time. Your opinion was worthless.

  62. Court mandated legal training by gurps_npc · · Score: 1

    Every time some idiot government employee/politician creates a law or regulation that the courts find to be in violation of our Constitution, the court should order them to pay (from their personal money, not state money) for 10 hours of legal training in what the Constitution lets them do and not do.

    And those hours should double if they do it again, and double again if they do it a third time (40 hours), until they stop doing it.

    --
    excitingthingstodo.blogspot.com
    1. Re:Court mandated legal training by Anonymous Coward · · Score: 0

      Every time some idiot government employee/politician creates a law or regulation that the courts find to be in violation of our Constitution, the court should order them to pay (from their personal money, not state money) for 10 hours of legal training in what the Constitution lets them do and not do.

      And those hours should double if they do it again, and double again if they do it a third time (40 hours), until they stop doing it.

      That's not necessary. Infringement of fundamental rights "under the colour of law" is a criminal violation of federal law, and also grounds for civil suit under federal law. These laws have been on the books for a very long time (the earliest such law along these lines goes back to the post-civil war reconstruction era, so we're talking more than a century - the most recent updates I'm aware of were in the 1980s).

      In short, just enforce the laws already on the books.

      In addition to the 1st Amendment, the 9th Amendment is applicable: wasting somebody's time is a violation of the right to ethical practice of law - one of the most fundamental rights arising under the 9th Amendment - as it creates an artificial demand for the services of lawyers.

      Of course, the right to ethical practice of law also applies to the government being able to keep the money from fines in the first place, since judges and prosecutors are in a position of ethical conflict of interest with respect to bringing money into the budget of government. Even if it's ostensibly not being used to pay their salaries, that's just a form of money laundering: money from fines that is spent on anything we would normally expect government to pay for frees up funds to pay those salaries.

      Another 9th Amendment right comes into play with respect to the law enforcement officials involved in this sort of thing (or any third parties acting on behalf of the government for pay): the right to ethical government. In the end, it amounts to the same issues as before with respect to money laundering and ethical conflict of interest.

      Money from fines and penalties has to keep completely separate from the rest of the budget, and it has to handled it a way that ANY reasonable person will agree is ethical. Lots of ways to do this - but very few governments are willing to act as the law requires.

      If the government hadn't been violating the Bill of Rights with respect to illegally keeping the funds from ticketing, they wouldn't have put themselves in the position of committing the additional violation of the Bill of Rights because they wouldn't have had any incentive to play gives with the timing of the lights.

      What is it going to take to get government in USA (federal,state,and local) to start obeying the law? This nonsense has been going of for far too long. Quis custodiet ipsos custodes?

  63. Re: Streisand Effect by ClickOnThis · · Score: 1

    Amazingly, you can only become a PE after another PE signs off on your work experience. So it seems a bit catch-22.

    And you can only become a human being if another human being gives birth to you. What's your point again?

    --
    If it weren't for deadlines, nothing would be late.
  64. Re:Streisand Effect by Dread_ed · · Score: 1

    In this case, the same people who determine if you get to call yourself an "Engineer" were intentionally violating safe and sensible engineering practices, resulting in vast amounts of property damage, disfiguring and life changing injuries to innocent people, and ultimately causing the death rate to rise. Why? So that some elected official's brother in law could make a shit ton of money off of some red light cameras.

    So if we take that and fit it into your analogy, this would be like the state requiring every ServSafe certificate holder to be infected with typhoid. Oh, and any doctor who says this is unsafe for people will get sued by the state because hes not a chef.

    --
    When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
  65. Re:Streisand Effect by Anonymous Coward · · Score: 0

    Exactly. And since he's not "practicing", he's still allowed to provide an informed opinion on a topic. Licensing is only required for commercially operate. As he provided his services to himself, they broke his constitutional rights in pursuit of illegal activities. I hope he sues them for millions in violation of his constitutional rights.

  66. Re: Bad news for AGW/CC acolytes by Anonymous Coward · · Score: 0

    Oregon board admits guilt, asks for case closed - it doesn't work that way for the rest of us, and their unconstitutional action is worse than criminal.

    Refund of fine is not enough. What Mats is asking court to do is good, and in addition a personal consequence to those board members is necessary. WTF are they thinking even trying to squelch this guy on a formality instead of considering the content of his argument. They are not qualified for government work.

  67. Re: Streisand Effect by Anonymous Coward · · Score: 0

    This touches on the real point. Engineers are typically required to be licensed if they are providing work that can affect public safety. I have been a licensed structural engineer for over 30 years for that reason.

    My concern is the same as the state boards. He was holding himself out to be an engineer, commenting on matters of public safety, for which he likely has no training (traffic engineering, a branch of civil engineering). He attempted to provide the perception that he has specialized knowledge, which he does not. I took a few courses on traffic engineering back in the day and his assessment is, at best, incomplete and is therefore likely wrong.

    In most cases, other than a few clerical types, state boards are staffed with professional engineering and other volunteers from the community, that live in the state. They typically have no adjenda other than protecting the public and may make $20 per monthly meeting from the deal. Yes, $20 per month. So saying that they are government run amok is asanine.

  68. Re: Streisand Effect by Anonymous Coward · · Score: 0

    If he is indeed doing that, he is violating typical state law (responsible charge of the work) and your friend should turn him in to the state board.

    I call BS.

  69. Re:Streisand Effect by Local+ID10T · · Score: 1

    FALSE

    "Free speech" means that the government can't punish you for what you say.

    Freedom of speech is not freedom from consequences of speech.

    Freedom of speech means that the government may not prevent you from speaking (sharing your opinions), especially with regards to the government (aka political speech).

    --
    "You want to know how to help your kids? Leave them the fuck alone." -George Carlin
  70. Re:Streisand Effect by Wootery · · Score: 1

    Like making money pretending to be an engineer, those are simply, "illegal."

    In the US, 'engineer' is a protected term. Aren't we still talking about the realm of the illegal here?

  71. Re:Streisand Effect by dcw3 · · Score: 1

    Like making money pretending to be an engineer, those are simply, "illegal."

    In the US, 'engineer' is a protected term. Aren't we still talking about the realm of the illegal here?

    No, no it's not. Professional Engineer maybe, but it varies from state to state.

    I was given the title "Field Design Engineer" back in the early 80s by a Fortune500 company, when I only had an Associate's degree, and was really a computer technician, and doing very little actual design. "Field" just meant that I worked at customer sites.

    --
    Just another day in Paradise
  72. Re:Streisand Effect by Wootery · · Score: 1

    By gad, you're right!

    Looks like Texas has the strongest protection, where the title 'engineer' (and not only 'professional engineer') is legally protected.

  73. Re:Streisand Effect by Marxist+Hacker+42 · · Score: 1

    They do. In fact, the people he was criticizing, civil engineers who installed red light cameras in Beaverton then cut the timing in half for the yellow light, are not just labeled as public servants, but paid as such.

    --
    SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
  74. Re: Bad news for AGW/CC acolytes by Anonymous Coward · · Score: 0

    Because its ok to lie as long as you don't obviously profit? Wtf?

  75. Re:Streisand Effect by david_thornley · · Score: 1

    I'd say that Free Speech means that the government won't prosecute you because you say something. Prior restraint is an infringement on free speech, but imprisoning somebody after saying something is also.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  76. Re:Mats Jarlstrom may have won the case by Anonymous Coward · · Score: 0

    Except that nobody gives a shit whether his analysis is correct. Everyone knows many lights are rigged. They do it in Texas too. Nothing ever changes. And why should it? The rich make money they use to fix a couple of things around the city as pocket the rest. The world goes 'round. Another day another dollar. That is how it works. That is the system we live in.

  77. I am henceforth a doctor by Anonymous Coward · · Score: 0

    And my now expert diagnosis is that y'all are idiots