References are his to give at his pleasure. All this rhetoric about equal treatment needs to stop, because like it or not, employees and employers are NOT equals.
It could well be a trap set by your boss to catch people willing to jump ship.
Someone else in this article posted how a new prospective boss not only refused to hire a new applicant, but rat him out to his old boss and got him fired for moonlighting.
I do not give a damn how few crimes were uncovered. Every last one of them should be prosecuted to the fullest extent of the law, especially in a high leverage position such as a government official that can do a lot more damage with corruption than a mere citizen can.
In fact, I would suggest that crimes by government officials should have higher priority precisely for this reason. A corrupt official is dangerous to society just like a terrorist or criminal is.
The host is an independent third party that already reserves the right to terminate access at its sole discretion regardless of the merits of the case.
Most businesses have a standard "we reserve the right to refuse service to anyone" and they can invoke that right for any reason whatsoever that is not prohibited by law.
Cutting someone off because someone else threatened you for hosting them is a dick move, but it's not illegal.
In the US, it is not loser pays unless the judge says so, and it's typically reserved for egregious or malicious prosecution.
Also, even if they get their legal fees back, they're still in the hole until then.
It's a lot like being on a deflated raft and trying not to sink. if you steal some air out of the raft to breathe, and you wind up sinking, it's too late to reinflate the raft.
Of all things, court proceedings are one of the few exceptions to copyright law.
And if the lawyer who sent this notice doesn't know that, then someone at the bar association screwed up big time giving this guy a license to practice.
Whether you deserve to be on the blacklist or not is an internal matter for Craigslist to decide in its sole and final discretion. Craigslist is private property and they reserve the right to ban anyone they darn please, for any or no reason. It's their blacklist to maintain as they see fit.
The C&D letter proves that they were not welcome, and that they also knew it. It is irrelevant if they deserved to be banned or not. The bottom line is that they were banned and deliberately defied the ban. If it was a mere accident, you'd have a point. But it was not an accident, so your dynamic IP argument doesn't hold water.
Analogy:
I hate the Seahawks with a passion. You come into my tavern wearing blue and green, and I tell you to GTFO and never come back. No, you did not deserve to be 86'ed, because spite bans are unreasonable and I was being an asshole.
You are still in the wrong if you change your clothes and come back in. You are defying my propriety, and I am completely within my rights to have you arrested for trespassing. You would go to jail, and you would also deserve it.
I would deserve a vicious bite on the ass from karma, and my patrons would probably avoid me like the plague. But my being an asshole does not give you a get out of jail free card for trespassing. And more importantly, my reasonableness is not for you to judge.
Furthermore, if I had a good reason to even *believe* you were there to cause trouble, I'd be in the right morally as well as legally. As the owner, I am the rightful judge of what is and is not appropriate, and I cannot afford the time to second guess every single decision I make. If I'm honestly convinced you're bad for the tavern, then out you go. Even if I happen to be wrong, any resistance on your part would only serve to justify my decision. Because at that point, you are showing contempt for my authority over the tavern, which itself is disruptive.
You cannot prosecute the government itself for a crime. You'd have to press charges against a John Doe. Private citizens cannot prosecute federal crimes against anyone, that's the job of the US district attorneys.
The feds would have to investigate, the feds would have to subpoena the feds to find out whodunit, the feds would have to prosecute them, and the feds would have to fight the feds fighting it every step of the way on grounds of state secrets.
Yeah, fat chance. I can dream though. Basically it would be the DOJ vs either the CIA or the NSA.
More roadblocks come from the fact that the NSA is a subdivision of the DOD, which means there could even be military implications.
Plus, the DOJ is a hierarchial organization under the same executive branch that heads the CIA, the DOD (and thus the NSA), and the FBI.
Getting a spook prosecuted under the CFAA for trespassing on your system is an uphill battle through an obstacle course with snipers trained on you ready to sneak off a bullseye shot on your achilles heel.
Finally, they could always just get a FISA warrant rubber stamped and upgrade the snooping to a search and seizure, and punt the whole thing into 4th amendment territory, causing your legal quest to start all over again.
Ever consider that maybe Lavabit committed seppuku and took your secrets to the grave with it, because the feds had them at gunpoint with an NSL or something and this was the best they could do?
Slashdot Mirror
He doesn't have to.
References are his to give at his pleasure. All this rhetoric about equal treatment needs to stop, because like it or not, employees and employers are NOT equals.
Depends, can your old boss sabotage your new job?
If so, swallow your pride and accept that he's got your career by the balls.
It could well be a trap set by your boss to catch people willing to jump ship.
Someone else in this article posted how a new prospective boss not only refused to hire a new applicant, but rat him out to his old boss and got him fired for moonlighting.
The correct answer has nothing to do with how much notice they deserve, but how much they can hurt you if you don't give them what they want.
Accept the fact that your boss gets to decide how good a reference to give you and plan accordingly.
Use the energy from solar in the summer to generate and stockpile fuel for the winter.
I think NASA already was considering that for a Mars mission.
Plus at least the ecosystem can deal with CO2 and H2O as byproducts.
They probably already pirated it anyway.
Who pays for the rocket fuel?
That stuff isn't cheap when you're escaping Earth's gravity well.
Certainly hated by the gravy train industry that wants to keep things just the way they are.
Not raw plastic, but probably plastic byproducts. Like cheap chinese goods, plastic packaging, and so on.
The ones with the power to change things are still also the ones most benefiting from the status quo.
Politicians are usually lawyers, and lawyers like the business that self-pay drums up.
It's possible she committed seppuku rather than rolling over for the feds.
Just like lavabit.
Even one crime is too many.
I do not give a damn how few crimes were uncovered. Every last one of them should be prosecuted to the fullest extent of the law, especially in a high leverage position such as a government official that can do a lot more damage with corruption than a mere citizen can.
In fact, I would suggest that crimes by government officials should have higher priority precisely for this reason. A corrupt official is dangerous to society just like a terrorist or criminal is.
They work for the DoD, and they have the biggest guns of all.
And because the recipient of the notice is also subject to the discretion of the host anyway.
The host is an independent third party that already reserves the right to terminate access at its sole discretion regardless of the merits of the case.
Most businesses have a standard "we reserve the right to refuse service to anyone" and they can invoke that right for any reason whatsoever that is not prohibited by law.
Cutting someone off because someone else threatened you for hosting them is a dick move, but it's not illegal.
Sadly it depends on jurisdiction.
In the US, it is not loser pays unless the judge says so, and it's typically reserved for egregious or malicious prosecution.
Also, even if they get their legal fees back, they're still in the hole until then.
It's a lot like being on a deflated raft and trying not to sink. if you steal some air out of the raft to breathe, and you wind up sinking, it's too late to reinflate the raft.
Of all things, court proceedings are one of the few exceptions to copyright law.
And if the lawyer who sent this notice doesn't know that, then someone at the bar association screwed up big time giving this guy a license to practice.
The mainstream media WON'T do the job on these stories.
It's not biased if one side really is more evil than the other.
Sorry, that doesn't fly.
Whether you deserve to be on the blacklist or not is an internal matter for Craigslist to decide in its sole and final discretion. Craigslist is private property and they reserve the right to ban anyone they darn please, for any or no reason. It's their blacklist to maintain as they see fit.
The C&D letter proves that they were not welcome, and that they also knew it. It is irrelevant if they deserved to be banned or not. The bottom line is that they were banned and deliberately defied the ban. If it was a mere accident, you'd have a point. But it was not an accident, so your dynamic IP argument doesn't hold water.
Analogy:
I hate the Seahawks with a passion. You come into my tavern wearing blue and green, and I tell you to GTFO and never come back. No, you did not deserve to be 86'ed, because spite bans are unreasonable and I was being an asshole.
You are still in the wrong if you change your clothes and come back in. You are defying my propriety, and I am completely within my rights to have you arrested for trespassing. You would go to jail, and you would also deserve it.
I would deserve a vicious bite on the ass from karma, and my patrons would probably avoid me like the plague. But my being an asshole does not give you a get out of jail free card for trespassing. And more importantly, my reasonableness is not for you to judge.
Furthermore, if I had a good reason to even *believe* you were there to cause trouble, I'd be in the right morally as well as legally. As the owner, I am the rightful judge of what is and is not appropriate, and I cannot afford the time to second guess every single decision I make. If I'm honestly convinced you're bad for the tavern, then out you go. Even if I happen to be wrong, any resistance on your part would only serve to justify my decision. Because at that point, you are showing contempt for my authority over the tavern, which itself is disruptive.
Two words.
Sovereign immunity.
You cannot prosecute the government itself for a crime. You'd have to press charges against a John Doe. Private citizens cannot prosecute federal crimes against anyone, that's the job of the US district attorneys.
The feds would have to investigate, the feds would have to subpoena the feds to find out whodunit, the feds would have to prosecute them, and the feds would have to fight the feds fighting it every step of the way on grounds of state secrets.
Yeah, fat chance. I can dream though. Basically it would be the DOJ vs either the CIA or the NSA.
More roadblocks come from the fact that the NSA is a subdivision of the DOD, which means there could even be military implications.
Plus, the DOJ is a hierarchial organization under the same executive branch that heads the CIA, the DOD (and thus the NSA), and the FBI.
Getting a spook prosecuted under the CFAA for trespassing on your system is an uphill battle through an obstacle course with snipers trained on you ready to sneak off a bullseye shot on your achilles heel.
Finally, they could always just get a FISA warrant rubber stamped and upgrade the snooping to a search and seizure, and punt the whole thing into 4th amendment territory, causing your legal quest to start all over again.
Let's just hope it doesn't get seized by the feds.
Even that's not enough to avoid gitmo or drone express.
The feds are already pursuing criminal charges as it is for shutting down.
Ever consider that maybe Lavabit committed seppuku and took your secrets to the grave with it, because the feds had them at gunpoint with an NSL or something and this was the best they could do?
Professionalism is a lost cause in an emergency.