Joseph M. Burton concentrates his practice in complex civil, criminal and appellate litigation. His practice includes trade secret, trademark and patent litigation with an emphasis in cybercrime and cybersecurity matters.
Mr. Burton is a former Assistant United States Attorney and chief of the Silicon Valley Office for the Northern District of California, where he brought several pioneering high technology prosecutions. He is a member of the White Collar Crime and Complex Crimes committees of the Section of Litigation of the American Bar Assocation and former chair of the Computer Crime Subcommittee. Mr. Burton is also a member of the Bar Association of San Francisco's Judiciary Committee, the Federal Bar Association and the Charles Houston Bar Association.
Admitted to practice in California and the District of Columbia, Mr. Burton is a former lawyer delegate to the Ninth Circuit Judicial Conferece. He is a 1973 graduate of Northeastern University and a graduate of the University of Dayton.
Well, this attorney sounds like he knows what he is doing. Best of luck to him. I hope he kicks ass.
This free service (known as 'SimDesk') also allows for access to software? While the article did not specify exactly what type of software will be available, I certainly hope the City of Houston has researched the possible legal ramifications of offering access to Microsoft products to each Houston resident. And, I hope the City's legal staff reviewed its city's selection for the mark of this service.
This gratis act may arguably result in one of the largest assessed licensing fees in history and a lawsuit by SimCompany.
I'd like to see the face of the attorney for the software maker of SimCity, SimTower, the Sims, blah blah everything Sim when he/she sees this story.
How much, exactly, does the city of Houston have in cash reserves?
A true free trade agreement is one for liberalization allowing for the free flow of goods. Certainly IP should be covered, but not to this extent. DMCA is anti-liberalization and hampers the development of technological advances.
Given the importance of this issue, it seems having lobbying/communication is required in Latin American nations regarding this subject.
How can this issue be communicated to those in Latin America with potential interest/influence of local governments? Has someone forward this information to Miguel de Iczara? I understand he has connections to the current administration in Mexico. Perhaps there are technological associations in Latin America who may be communicated this issue and rallied?
Given the effect of the DMCA in the US, American citizens probably have little influence --- maybe those in Latin America can make a difference.
KDE and Ximian Gnome Can't Get Along?
on
KDE 2.2 Released
·
· Score: 5, Interesting
Apt-getting kde, noticed kde removes gdm. I thought --- well, I'll install kde 2.2 and then reinstall gdm. After installing kde, apparently an install of gdm is not possible without removing kdm and kde.
While I enjoy using gnome more than kde, I like to occassionally use kde by selecting kde in gdm. However, with kde 2.2, this no longer seems possible. Does someone have any suggestions to allow gdm with kde 2.2?
A inktomi address to go around filter?
on
Seanbaby.com
·
· Score: 2
I think I remember reading somewhere how an inktomi url can be used in conjunction with any url to get to a filtered site. Anyone remember/have the inktomi url for this trick? thanks
The photograph! The photograph!, yells an odd short man in his late 30's or early 40's with a strong accent originating from the Middle East or Latin America.
According to the acticle the accused stated: "I don't think it's right," he said. "They made me feel like a criminal."
Good God! Stop the presses! Does a member of the legal community (and in this case a judge) perhaps understand true legal implications of arguably abusive technological practices by the government? I would truly be interested in reading a bio of this judge. After searching through google, I could not find any relevant information. Anyone?
Ok, I am now truly sceptical. Am I real? Are you real? Are all messages posted on/. in fact the work of 2-3 individuals who quickly create replies containing various opinions?
Who is really posting this message?
Suggestion: have each message posting require authetication via finger print and/or smartcard validation. Then, we'll know for sure where these posts are coming from...
You'll see that the comments are forwarded to the appropriate federal officials? My understanding is that officials like to hear directly from his/her constituents and they ignore all other contacts. Wouldn't it be best to have a place for automated contact with our own officials (i.e.: I enter my letter and then my name and address is automatically affixed to the letterhead and envelope).
Moreover, I hope you are printing out this information and sending it via snail mail --- government officials tend to also ignore email.
Finally, I recently read of a U.S. citizen freed in Russia after a conviction for drug possession. The Russian government was pressured by U.S. officials --- who were written to and called upon by constituents in the U.S. Wouldn't it be helpful if/. could work with Russian counterparts who would apply similar to pressure to their local officials, who then would pressure U.S. officials?
The stylus doesn't work for me --- it takes too long to input information. And, as demonstrated over time, a keyboard PDA is unworkable. However, if a PDA had great speech recognition (I think it would likely be chip-based), then I would be happy.
This book should be manadatory reading for those seeking to capture marketshare from MS or AOL. If MS and AOL engage in a full corporate war, then there is an open possibility for a third party to emerge as victorious --- a party with much fewer resources than either MS or AOL.
I, for one, am sick of stories related to how humans could, one day, occupy or travel to another planet or moon. As well all know, since the walk on the moon during the cold war, no nation or community of nations has taken a substantive step to occupy or physically visit another planet or moon.
If such an event has yet to occur, then I doubt to see it during my lifetime and I doubt any user at/. will see it. Generally, humankind does not prepare for such a monumential undertaking unless it is threatened or if a catastrophe has occurred/is about to occur. In other words, unless a meteor hits earth or some other horrible event occurs, I doubt humankind will be motivated to do nothing more than talk the talk. By then, it would probably be too late to save mankind by moving/finding a new planet.
Moreover, the initiative to travel or occupy another planet or moon would likely not ever be based on intelligent astronomical or planetary curiousities but, rather, it would likely be based on human's animal instincts to survive. If this was not true, then does mankind not currently possess such intelligent curiousities and the technology for a substantive developments?
What to do about the lack of media attention?
on
Still in DMCA Prison
·
· Score: 1
I, also, have been amazed at the lack of media attention concerning this issue. Writing a letter to a local news station sounds like a good start. Perhaps the letter could also be sent to newspapers so they may run it as an op-ed column?
How else could this issue gain more attention? Anyone know of a friend who knows of Dan Rather, Petter Jennings, Barbara Walters... anyone who can bring light on this issue?
This Is Why Dmitry Is a Bad Test Case for DMCA
on
Still in DMCA Prison
·
· Score: 2
Not what I have read. What is ironic is while many here proclaim the charges against Dmitry should go on in attempt to find DMCA invalid or unconstitutional, Dmitry may ultimately go free for another reason (i.e.: inability to contact the Russian government) and, thus, DMCA will stand.
This case, for many reasons, is not a good test case. Instead, Dmitry should be freed, especially given Adobe's apparent opposition to his detainment.
No, Not with Dmitry. This is Our (US) Problem.
on
Still in DMCA Prison
·
· Score: 5
Ok, and you would not mind to be Dmitry and sit in prison during the duration of such a judgment? I doubt it. This man is not even a U.S. citizen, this is our problem --- this is America's problem that must be settled within our borders and subjecting a non-American to the worse attributes (prison) of such a test is a disgust. Yes, DMCA should be tested. But, not with this case. Dmitry needs to return to Russia to his family.
Let DMCA be tested by Americans. This nation we live in is responsible for this damn law; we should be the ones who deal with it; who correct the wrong.
CNN recently posted an interview with U.S. Attorney General John Ashcroft who states "[t]he idea you can get away with it ["cybercrime" (this is an undefined term)] here is an idea we must curtail... There are no free passes in cyberspace." Ashcroft comments he plans to create "Computer Hacking and Intellectual Property (CHIP) units staffed by 77 personnel, including 48 lawyers" modeled after the existing unit in California, currently prosecuting Dmitry Sklyarov, created by FBI Director nominee Robert Mueller "whose nomination is expected to receive little opposition in Congress."
The CHIPs plan to hold illegal sites and post "a warning that the site has been seized by law enforcement" and present a "clear message that cybercrime carries real penalties for offenders."
The article further states that current EFF Executive Director, Shari Steele, addressed a letter to Ashcroft requesting the release of Sklyarov. Ashcroft had no comment regarding his ageny's charges against Sklyarov.
It looks DMCA will soon accrue an army or firm of brand new federal government attorneys under the Bush administration.
"The game starts with a brief television report that about two dozen people checked into an Oklahoma City hospital with an unidentified illness."... Complete with mock "emergency newscasts"
The description of the simulation sounds more like the unprofessional and unexercised high school news reports I dreaded and was required to view during 'Study Hall' as a teenager. Or, like high school videos of rejected actors reenacting the American revolution. Granted, I find PowerPoint presentations as pointless as the other guy/gal, but this type of presentation for material sounds more dramatized than factual.
Moreover, the report pits Oklahoma vs. Texas in a full-scale war ("the standoff between Texans and Oklahomans deepens"). Granted, I am a Longhorn and have a disgust for Sooners, but --- come on, again this report seeks more to dramatize this possible scenario than present accurate information and statistics. Just how likely are the events provided by these "prominent security experts?" On its face, a Oklahoma-Texas campaign sounds unlikely to me. Of course, I agree with the statement that "[d]roves of Oklahomans" are "anxious to flee stream toward Texas."
Oh..... I see..... you're taking this as an opportunity to take a swipe at a conservative guy taking over the FBI. Okay, makes sense, never mind.
Ah, no. If you were truly familiar with Mueller, you would know he was initially appointed by Clinton. There is no reference in my original message of the political ideology of Mueller --- I do not care.
What I do care of is that Dmitry remains in a prison. Your view is kind of short-sighted, isn't it?:
Wouldn't it be better to have this one go to trial, and give the DMCA a chance to get tossed out as unconstitutional?
Ok, and you would not mind to be Dmitry and sit in prison during the duration of such a judgment? I doubt it. This man is not even a U.S. citizen, this is our problem --- this is America's problem that must be settled within our borders and subjecting a non-American to the worse attributes of such a test is a disgust. Yes, DMCA should be tested. But, not with this case. Dmitry needs to return to Russia to his family.
As a recent Kuro5hin article suggest, Dmitry's U.S. Adventure is far from over. With Adobe's apparent opposition to the criminal charges brought against Dmitry, we need to see the response of the U.S. Department of Justice.
I would think if the U.S. continues to pursue this case, contrary to the wishes of Adobe and many Americans, then there should be opposition to the nomination of Robert Mueller for the head FBI job. His confirmation hearings begin July 30, and he is currently the U.S. Attorney in charge of the jurisdiction prosecuting Dmitry.
While Dmitry remains in custody, I have not read the EFF (or any other organization/individual) will provide him counsel. Given the nature of the U.S. judicial system, it would be vital for Sklyarov to have extremely credible criminal defense attorneys.
It will be curious to see if the same community which brought pressure upon Adobe, will bring the same pressure upon Robert Mueller during his hearings, if Dmitry remains in custody. So far, I have no seen no similar organizing or campaigning for Dmitry. Dmitry remains in charged with a criminal act and in custody.
has got to be the most successful (appealing to the masses and monetarily) movie of the year.
While young, I grew up watching countless reruns of Planet of the Apes --- hell, my first view of the Statute of Liberty was in Planet of the Apes. Destroyed, of course. But, it was my first image of the statute.
As a result of the actions against Dmitry, it would be interesting to see if there will be opposition to Mueller during his confirmation hearings which begin July 30.
The story of the new nine special units to prosecute/pursue such crimes is a new/. story, I think. Also, I understand that the U.S. Attorney for the U.S. Attorney's Office prosecuting Sklyarov (Robert Mueller) has been nominated by President Bush to be the next head of the FBI.
I have a feeling that the Bush Administration isn't opposed to DMCA?
If you have not yet contacted Adobe with your concerns, perhaps it is best to do so. Adobe likely does not read forums such as this (that's their problem I guess), and the only likely means Adobe can understand this public relations flop is their receipt of email from concerned individuals.
Boycott Adobe has the following email contacts at Adobe to send a message to.
Also, Adobe's own forums apparently have discussions related to this matter. I think this forums are located under Adobe support.
Give me a break. Violence is not a solution, it only brings backlash and no sympathy for a cause.
For Adobe, there are many things to do. Send letters to Adobe, Congresscritters, the Russian Embassy and numerous members of the press. Hell, write an article and submit it to magazines and newspapers. This is an absolute tragedy and Adobe's bottomline will be hurt. Just spread the word so Adobe's sales are curtailed; Don't be violent.
Slashdot Mirror
Joseph M. Burton concentrates his practice in complex civil, criminal and appellate litigation. His practice includes trade secret, trademark and patent litigation with an emphasis in cybercrime and cybersecurity matters.
Mr. Burton is a former Assistant United States Attorney and chief of the Silicon Valley Office for the Northern District of California, where he brought several pioneering high technology prosecutions. He is a member of the White Collar Crime and Complex Crimes committees of the Section of Litigation of the American Bar Assocation and former chair of the Computer Crime Subcommittee. Mr. Burton is also a member of the Bar Association of San Francisco's Judiciary Committee, the Federal Bar Association and the Charles Houston Bar Association.
Admitted to practice in California and the District of Columbia, Mr. Burton is a former lawyer delegate to the Ninth Circuit Judicial Conferece. He is a 1973 graduate of Northeastern University and a graduate of the University of Dayton.
Well, this attorney sounds like he knows what he is doing. Best of luck to him. I hope he kicks ass.
This free service (known as 'SimDesk') also allows for access to software? While the article did not specify exactly what type of software will be available, I certainly hope the City of Houston has researched the possible legal ramifications of offering access to Microsoft products to each Houston resident. And, I hope the City's legal staff reviewed its city's selection for the mark of this service.
This gratis act may arguably result in one of the largest assessed licensing fees in history and a lawsuit by SimCompany.
I'd like to see the face of the attorney for the software maker of SimCity, SimTower, the Sims, blah blah everything Sim when he/she sees this story.
How much, exactly, does the city of Houston have in cash reserves?
A true free trade agreement is one for liberalization allowing for the free flow of goods. Certainly IP should be covered, but not to this extent. DMCA is anti-liberalization and hampers the development of technological advances.
Given the importance of this issue, it seems having lobbying/communication is required in Latin American nations regarding this subject.
How can this issue be communicated to those in Latin America with potential interest/influence of local governments? Has someone forward this information to Miguel de Iczara? I understand he has connections to the current administration in Mexico. Perhaps there are technological associations in Latin America who may be communicated this issue and rallied?
Given the effect of the DMCA in the US, American citizens probably have little influence --- maybe those in Latin America can make a difference.
Apt-getting kde, noticed kde removes gdm. I thought --- well, I'll install kde 2.2 and then reinstall gdm. After installing kde, apparently an install of gdm is not possible without removing kdm and kde.
While I enjoy using gnome more than kde, I like to occassionally use kde by selecting kde in gdm. However, with kde 2.2, this no longer seems possible. Does someone have any suggestions to allow gdm with kde 2.2?
I think I remember reading somewhere how an inktomi url can be used in conjunction with any url to get to a filtered site. Anyone remember/have the inktomi url for this trick? thanks
The photograph! The photograph!, yells an odd short man in his late 30's or early 40's with a strong accent originating from the Middle East or Latin America.
According to the acticle the accused stated: "I don't think it's right," he said. "They made me feel like a criminal."
Welcome, welcome to the new United States!
Good God! Stop the presses! Does a member of the legal community (and in this case a judge) perhaps understand true legal implications of arguably abusive technological practices by the government? I would truly be interested in reading a bio of this judge. After searching through google, I could not find any relevant information. Anyone?
Ok, I am now truly sceptical. Am I real? Are you real? Are all messages posted on /. in fact the work of 2-3 individuals who quickly create replies containing various opinions?
Who is really posting this message?
Suggestion: have each message posting require authetication via finger print and/or smartcard validation. Then, we'll know for sure where these posts are coming from...
You'll see that the comments are forwarded to the appropriate federal officials? My understanding is that officials like to hear directly from his/her constituents and they ignore all other contacts. Wouldn't it be best to have a place for automated contact with our own officials (i.e.: I enter my letter and then my name and address is automatically affixed to the letterhead and envelope).
/. could work with Russian counterparts who would apply similar to pressure to their local officials, who then would pressure U.S. officials?
Moreover, I hope you are printing out this information and sending it via snail mail --- government officials tend to also ignore email.
Finally, I recently read of a U.S. citizen freed in Russia after a conviction for drug possession. The Russian government was pressured by U.S. officials --- who were written to and called upon by constituents in the U.S. Wouldn't it be helpful if
The stylus doesn't work for me --- it takes too long to input information. And, as demonstrated over time, a keyboard PDA is unworkable. However, if a PDA had great speech recognition (I think it would likely be chip-based), then I would be happy.
This book should be manadatory reading for those seeking to capture marketshare from MS or AOL. If MS and AOL engage in a full corporate war, then there is an open possibility for a third party to emerge as victorious --- a party with much fewer resources than either MS or AOL.
I, for one, am sick of stories related to how humans could, one day, occupy or travel to another planet or moon. As well all know, since the walk on the moon during the cold war, no nation or community of nations has taken a substantive step to occupy or physically visit another planet or moon.
/. will see it. Generally, humankind does not prepare for such a monumential undertaking unless it is threatened or if a catastrophe has occurred/is about to occur. In other words, unless a meteor hits earth or some other horrible event occurs, I doubt humankind will be motivated to do nothing more than talk the talk. By then, it would probably be too late to save mankind by moving/finding a new planet.
If such an event has yet to occur, then I doubt to see it during my lifetime and I doubt any user at
Moreover, the initiative to travel or occupy another planet or moon would likely not ever be based on intelligent astronomical or planetary curiousities but, rather, it would likely be based on human's animal instincts to survive. If this was not true, then does mankind not currently possess such intelligent curiousities and the technology for a substantive developments?
I, also, have been amazed at the lack of media attention concerning this issue. Writing a letter to a local news station sounds like a good start. Perhaps the letter could also be sent to newspapers so they may run it as an op-ed column?
How else could this issue gain more attention? Anyone know of a friend who knows of Dan Rather, Petter Jennings, Barbara Walters... anyone who can bring light on this issue?
Not what I have read. What is ironic is while many here proclaim the charges against Dmitry should go on in attempt to find DMCA invalid or unconstitutional, Dmitry may ultimately go free for another reason (i.e.: inability to contact the Russian government) and, thus, DMCA will stand.
This case, for many reasons, is not a good test case. Instead, Dmitry should be freed, especially given Adobe's apparent opposition to his detainment.
Ok, and you would not mind to be Dmitry and sit in prison during the duration of such a judgment? I doubt it. This man is not even a U.S. citizen, this is our problem --- this is America's problem that must be settled within our borders and subjecting a non-American to the worse attributes (prison) of such a test is a disgust. Yes, DMCA should be tested. But, not with this case. Dmitry needs to return to Russia to his family.
Let DMCA be tested by Americans. This nation we live in is responsible for this damn law; we should be the ones who deal with it; who correct the wrong.
CNN recently posted an interview with U.S. Attorney General John Ashcroft who states "[t]he idea you can get away with it ["cybercrime" (this is an undefined term)] here is an idea we must curtail ... There are no free passes in cyberspace." Ashcroft comments he plans to create "Computer Hacking and Intellectual Property (CHIP) units staffed by 77 personnel, including 48 lawyers" modeled after the existing unit in California, currently prosecuting Dmitry Sklyarov, created by FBI Director nominee Robert Mueller "whose nomination is expected to receive little opposition in Congress."
The CHIPs plan to hold illegal sites and post "a warning that the site has been seized by law enforcement" and present a "clear message that cybercrime carries real penalties for offenders."
The article further states that current EFF Executive Director, Shari Steele, addressed a letter to Ashcroft requesting the release of Sklyarov. Ashcroft had no comment regarding his ageny's charges against Sklyarov.
It looks DMCA will soon accrue an army or firm of brand new federal government attorneys under the Bush administration.
"The game starts with a brief television report that about two dozen people checked into an Oklahoma City hospital with an unidentified illness." ... Complete with mock "emergency newscasts"
The description of the simulation sounds more like the unprofessional and unexercised high school news reports I dreaded and was required to view during 'Study Hall' as a teenager. Or, like high school videos of rejected actors reenacting the American revolution. Granted, I find PowerPoint presentations as pointless as the other guy/gal, but this type of presentation for material sounds more dramatized than factual.
Moreover, the report pits Oklahoma vs. Texas in a full-scale war ("the standoff between Texans and Oklahomans deepens"). Granted, I am a Longhorn and have a disgust for Sooners, but --- come on, again this report seeks more to dramatize this possible scenario than present accurate information and statistics. Just how likely are the events provided by these "prominent security experts?" On its face, a Oklahoma-Texas campaign sounds unlikely to me. Of course, I agree with the statement that "[d]roves of Oklahomans" are "anxious to flee stream toward Texas."
Just who would want to live in Oklahoma?
Oh..... I see..... you're taking this as an opportunity to take a swipe at a conservative guy taking over the FBI. Okay, makes sense, never mind.
Ah, no. If you were truly familiar with Mueller, you would know he was initially appointed by Clinton. There is no reference in my original message of the political ideology of Mueller --- I do not care.
What I do care of is that Dmitry remains in a prison. Your view is kind of short-sighted, isn't it?:
Wouldn't it be better to have this one go to trial, and give the DMCA a chance to get tossed out as unconstitutional?
Ok, and you would not mind to be Dmitry and sit in prison during the duration of such a judgment? I doubt it. This man is not even a U.S. citizen, this is our problem --- this is America's problem that must be settled within our borders and subjecting a non-American to the worse attributes of such a test is a disgust. Yes, DMCA should be tested. But, not with this case. Dmitry needs to return to Russia to his family.
As a recent Kuro5hin article suggest, Dmitry's U.S. Adventure is far from over. With Adobe's apparent opposition to the criminal charges brought against Dmitry, we need to see the response of the U.S. Department of Justice.
I would think if the U.S. continues to pursue this case, contrary to the wishes of Adobe and many Americans, then there should be opposition to the nomination of Robert Mueller for the head FBI job. His confirmation hearings begin July 30, and he is currently the U.S. Attorney in charge of the jurisdiction prosecuting Dmitry.
While Dmitry remains in custody, I have not read the EFF (or any other organization/individual) will provide him counsel. Given the nature of the U.S. judicial system, it would be vital for Sklyarov to have extremely credible criminal defense attorneys.
It will be curious to see if the same community which brought pressure upon Adobe, will bring the same pressure upon Robert Mueller during his hearings, if Dmitry remains in custody. So far, I have no seen no similar organizing or campaigning for Dmitry. Dmitry remains in charged with a criminal act and in custody.
I'd like to see a Cursue in a palm :p
has got to be the most successful (appealing to the masses and monetarily) movie of the year. While young, I grew up watching countless reruns of Planet of the Apes --- hell, my first view of the Statute of Liberty was in Planet of the Apes. Destroyed, of course. But, it was my first image of the statute.
As a result of the actions against Dmitry, it would be interesting to see if there will be opposition to Mueller during his confirmation hearings which begin July 30.
The story of the new nine special units to prosecute/pursue such crimes is a new /. story, I think. Also, I understand that the U.S. Attorney for the U.S. Attorney's Office prosecuting Sklyarov (Robert Mueller) has been nominated by President Bush to be the next head of the FBI.
I have a feeling that the Bush Administration isn't opposed to DMCA?
If you have not yet contacted Adobe with your concerns, perhaps it is best to do so. Adobe likely does not read forums such as this (that's their problem I guess), and the only likely means Adobe can understand this public relations flop is their receipt of email from concerned individuals.
Boycott Adobe has the following email contacts at Adobe to send a message to.
Also, Adobe's own forums apparently have discussions related to this matter. I think this forums are located under Adobe support.
Give me a break. Violence is not a solution, it only brings backlash and no sympathy for a cause.
For Adobe, there are many things to do. Send letters to Adobe, Congresscritters, the Russian Embassy and numerous members of the press. Hell, write an article and submit it to magazines and newspapers. This is an absolute tragedy and Adobe's bottomline will be hurt. Just spread the word so Adobe's sales are curtailed; Don't be violent.