I have read that answering some questions and taking the 5th on others gets to be problematic. I have heard from lawyers it is best to just take the 5th on every question and let a lawyer sort it out. The police will try and trick you and trip you up. They can't use your refusal to talk against you in court.
Best advice I got from a lawyer, law professor and a long term police officer. Don't ever talk with the police. It will never ever help your case or get you out of the station fast. If they drag you down to the station then they already have a pretty good idea about what happened and what they think you did. The police are not your friends. They know the law better than you do and will use it to trip you up and confuse you in to confessing even if you did nothing. Ask for a lawyer and refuse to say anything more.
Me. I have been compelled to turn things over to courts and I have refused on grounds that it is outside the scope of their case and that they are fishing to try and find any possible crime. I have done it on principal. It did cost me and was painful, but I am not about to roll over instantly and give up my rights. There was no incriminating stuff on the drive, but that wasn't the point.
Only if you knew for sure that they were coming to search your drive. If you don't like police and destroy the note as you see them coming up to the house then too bad. You didn't know if they were canvasing the neighborhood or coming to arrest you and it doesn't matter because at that point in time you had no idea what was or was not evidence or what crime they may or may not try and charge you with.
There are people who store the pass phrase on a USB stick because it is extremely long. If they destroy the USB stick then everything is lost because they don't actually know the password. Yes they are on the paranoid side or need high security but setups like that do exist in the real world.
That is correct. They can not make you open a safe even if there is a search warrant for the contents. In that case they are free to use whatever idea or force they can come up with to get to the contents of the safe. They can not force you to open the safe. Now if you don't want them destroying the safe then you are free to open it for them.
If the search warrant does not safe they can search a safe, then they can not open it or force you to open it. They can try and go back to the judge and get a modified search warrant but they will have to show the judge what proof or evidence they have that something illegal or incriminating is in the safe. They can't just go on a fishing expedition hoping to find proof you broke the law.
Unless it is a tamper proof safe that burns the contents if you cut, drill or try and burn your way in. You could even put a pile of thermite in these safes and not only would the contents be burned but it would also melt the safe as well. There are a lot of high end high security safes out there that will do this exact thing. So even a safe can be hard to impossible to get inside of.
This assumes that you know for a fact what is in the safe. That is the key difference here. They do not know for sure what is on the encrypted drive. They hope it is evidence to help with their case, but they have no idea. Judges have ordered passwords to be revealed but again that is when a witness has seen the illegal material and they already know it exists.
In this case they have absolutely no idea what is on the encrypted drive. It could be the checking account, credit cards and stock portfolio and the super secret formula for trading stocks and making $10,000 a week doing it. It could be family pictures. They have absolutely no idea, but they hope it is evidence that will help them convict the person but they don't know for sure.
I have absolutely stood up to the courts and lawyers based on principal and to prove the point that I was right. Was it a hassle? You bet it was, but for me I thought it was worth it to show that not everyone rolls over for them and that they can't just go around doing whatever they want and threatening people to get what they want.
Actually they can not. That is exactly what this case is about. You should have actually read the case notes and files online about the case. The cases you might be thinking of are when a witness has seen the contents of an encrypted drive and knows for a fact there is illegal material on it. In that case they are not trying to find evidence, they already know there is evidence and exactly what kind of evidence, they just want you to produce it.
>If suspected evidence is locked in safe, the suspect can be forced to divulge the combination of the safe. This is not violation of the 5th amendment because it is the >contents of the safe that is incriminatory; there is nothing discriminating about the combination of the safe itself. Whether you divulge the combination of not, the >contents of the safe and whether it is incriminating evidence or not, does not change.
That is incorrect. I think you may have been watching too many movies or TV shows. The courts nor the police can force you to help them collect evidence like in the case of opening a safe. They are free however to use whatever idea or force they can come up with to open the safe. Normally they call a lock smith or safe company, he drills out the safe and opens it. They can not however legally make you open your safe for them. Now if you don't want them to destroy the safe then you are free to open it for them but you don't have to do it legally.
The judges can not order people to do whatever they want. They have to operate within the law and what is legally allowed. The courts have only forced people to give up passwords when someone already saw what was encrypted and they know it is illegal. This case will decide if they are legally allowed to make you decrypt your hard drive when they have absolutely no idea what is on it. They might think there is something illegal on it or something that would help their case, but they don't know that for a fact.
You mean Obama and the Democrats? Obama has ordered more warrantless wiretaps in 2 years than Bush did his entire 4 years. Obama did more recess appoints getting around the Senate approval process than any other President. Obama was over turned in a vote for death planning so he went around Congress and had it done through departmental regulations at Medicare. People complained about the two wars of the Bushs, yet Obama didn't get the troops home like he said. Iraq tols Obama that they wanted everyone out in 6 months and he just ignored that. Now Obama has us fighting a 3 front war that he never even asked COngress for permissions to take on the 3rd war. Yes the Democrats and Obama are such wonderful and peaceful people who love to uphold the Constitution and defend people's Constitutional rights.
If you believe that, then I have ocean front property in Utah I would like to talk with you about.
They can not compel you to open a lock box. The search warrant says they are allowed to inspect the contents of the box and look for something specific not a fishing expedition. You do not have to open the lock box for them. The search warrant just says they are legally allowed to search it, rather than just randomly opening people's lock boxes. If you don't give them the key then they are free to use whatever force needed to get in to the lock box, like call a locksmith to pick the lock or drill the lock out.
And which court cases are those that the judge ordered them to reveal a password when they have absolutely no idea what was encrypted on the drive? I have only read about cases where they had to reveal the password when someone/a witness had already actually seen what was on the encrypted drive.
So if I build a safe that if you burn in to it or cut in to it, then it will ignite thermite and destroy everything in the safe and the safe itself. Your saying because it is near impossible or impossible to break into the safe that I have to open it for them? The courts have never ruled that way before. It's the same with a panic room. They are pain to get into and take a long long time to break in to them but the defendant isn't required to help them by opening the panic room.
So if I make a safe out of Lutetium and you don't have anything to cut through it and nothing hot enough to burn through the safe without ruining everything inside. You mean I have to give them the key? That would be a first for the courts to rule that I had to help them gather evidence against me and help make their case.
The fact that in this case it takes them 20 years to brute force break the lock (the encryption) is not the problem of the defendant. They are free to use any force or tactic they need to get in to something, but I don't have to help them.
The police can not compel you to give them the combination of a safe or a key to a locked room. They can then attempt to use force to execute the search warrant. They are free to try and cut or drill in a safe. They are free to try and break a door down. You are in no way ever required to assist them in obtaining evidence against yourself. The courts have ruled on this over and over. The panic rooms are the most common thing where it is a pain to get in to them to search them. That's the whole point though. The police can not force you to open the panic room. They must figure out a way to force their way in.
The fact that it would take 20 years to break a lock (in this case encryption) in not the problem of the defendant. Perhaps the police and prosecutor should have built a better case than one that depended on you incriminating yourself. If the only way they can convict is with the encrypted laptop then perhaps they should have gathered more evidence before arresting the person. I in no way, have to help the police send me to jail. I don't have to help the prosecutor with his case either. He has to gather his own evidence and prove that I broke the law without my help.
You can actually thank the Fedora community for the SELinux support. Some people turn off the SELinux in Fedora because they don't understand how it works. I leave it on and watch the logs to see what if any errors pop up. Complaining that is hard to use or that you don't understand it doesn't help make the system run better and definitely not more secure. There is also the fact that Fedora ships with a SELinux tool (SELinux Troubleshooter) to tell what isn't setup/working properly and how to fix it. If you take the time to learn how SELinux works and watch all the log files to know what is going on, you will gain a valuable skill that is definitely usable in the work place.
Fedora is the upstream of Red Hat Enterprise which is the upstream of CentOS. So all of them are getting a large chunk from the Fedora community. Remember it's the upstream provider who does most of the heavy lifting.
The reality is most IPOs have very little to do with reality and a lot more to do with what the big investors and money guys think they can do to a stock to scam as much profit as they can in the frenzy of the first day of trading. Most of these guys get preferred share blocks from the guys setting up the IPOs so they can wait for the right time and then massively dump their shares at the peak and laugh all the way to the bank as the stock nose dives.
You want to know what kind of power these type of players have. Take a look at George Soros. He's the guy who is known as "the Man Who Broke the Bank of England". He caused a currency drop on the UK pound and kept saying it should be devalued and so he made it happen and dumped tons of UK pounds on the market and broke the Bank of England. He reportedly made $1 Billion off the deal, but some think it was far more than that. He is the kind of guy who actually screws with the markets and makes them jump or fall on his command. You should read his book and see his comments about how he claims he can break any country he wants and has done it in the past. These are the scary guys who snap their fingers and markets fall. These are the type of guys who make the killing off the IPOs.
If you believe their is reasonable oversight for seizing domains, I have ocean front property in Nevada I want to sell you. The big guys won't get caught in the drag net because they have lobbyists who are paid to pay off...excuse me give political contributions to the people in Washington who matter.
I wish I could mod you up because you are exactly correct. There are about 10-20 people who control most of the massive shifts in the stock market and they are hedge fund and mutual fund managers. They can absolutely destroy companies because of the amount of money and investors they represent and control. The average Joe off the street doesn't stand a chance against these guys. Your best bet is to try and ride their coat tails and hope you don't get thrown off and end up on the floor broke. Not to mention that the public doesn't invest on numbers they invest based on what they feel and think of a company and what they hope and pray someone else will pay for the shares in the future given so few companies actually give out dividends. It's mass psychology at it's finest.
Welcome to the modern stock market. It isn't based on returns to the stock holders, most companies don't even pay dividends, but rather mass psychology of what people think and feel about the company and what they hope someone else will pay for the stock in the future.
If I could raise millions or better yet billions based on selling a stock that never pays a dime to the shareholders I would do it in a New York second. I also know that the average investor is actually going to have zero say how the company is run even if I sell off 60% of the company. I only have to wine and dine a few mutal fund and hedge fund managers to keep the stockholder from going against me. Large blocks of company stocks are mostly actually controlled by a few select people in charge of investing. There are about 10-20 of these people in reality making the huge decisions. You get them in your pocket and you can do anything you want with your company that you only own 20%.
and what exactly has LNKD done today to warrant a 5% jump in stock price? The answer is nothing. It's all mass psychology of what people think might happen and what people think someone else might pay for the stock in the future. People in groups want to move with the groups no matter the cost. So once you step outside that and realize what is going on and aren't influenced by the group then you can make better decision about what the masses are thinking and feeling and can make money based on people's behaviors rather than how the company is actually doing.
If it so connected to numbers why do none of the formulas for stock picking ever work. It's all voodoo and a lot more mass psychology than anything else. Remember the monkey that one of the big papers had picking stocks and it out performed any of the big investors. Welcome to mass psychology that has nothing to do with actual numbers of the company but rather what people feel and think. There have been company boycotts that people thought would effect sales so the stock went down even though the sales numbers were actually rising. Once again an example of mass psychology rather than pure hard numbers. Individual people tend to be smart, but put them in a group and all of a sudden they loose about half their IQ since people in a group want to move with the group even if it makes no sense to do that action. It's mass psychology.
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I have read that answering some questions and taking the 5th on others gets to be problematic. I have heard from lawyers it is best to just take the 5th on every question and let a lawyer sort it out. The police will try and trick you and trip you up. They can't use your refusal to talk against you in court.
Best advice I got from a lawyer, law professor and a long term police officer. Don't ever talk with the police. It will never ever help your case or get you out of the station fast. If they drag you down to the station then they already have a pretty good idea about what happened and what they think you did. The police are not your friends. They know the law better than you do and will use it to trip you up and confuse you in to confessing even if you did nothing. Ask for a lawyer and refuse to say anything more.
Me. I have been compelled to turn things over to courts and I have refused on grounds that it is outside the scope of their case and that they are fishing to try and find any possible crime. I have done it on principal. It did cost me and was painful, but I am not about to roll over instantly and give up my rights. There was no incriminating stuff on the drive, but that wasn't the point.
Only if you knew for sure that they were coming to search your drive. If you don't like police and destroy the note as you see them coming up to the house then too bad. You didn't know if they were canvasing the neighborhood or coming to arrest you and it doesn't matter because at that point in time you had no idea what was or was not evidence or what crime they may or may not try and charge you with.
There are people who store the pass phrase on a USB stick because it is extremely long. If they destroy the USB stick then everything is lost because they don't actually know the password. Yes they are on the paranoid side or need high security but setups like that do exist in the real world.
That is correct. They can not make you open a safe even if there is a search warrant for the contents. In that case they are free to use whatever idea or force they can come up with to get to the contents of the safe. They can not force you to open the safe. Now if you don't want them destroying the safe then you are free to open it for them.
No the article does not say that. It says that they are fighting in court over this exact issue.
If the search warrant does not safe they can search a safe, then they can not open it or force you to open it. They can try and go back to the judge and get a modified search warrant but they will have to show the judge what proof or evidence they have that something illegal or incriminating is in the safe. They can't just go on a fishing expedition hoping to find proof you broke the law.
Unless it is a tamper proof safe that burns the contents if you cut, drill or try and burn your way in. You could even put a pile of thermite in these safes and not only would the contents be burned but it would also melt the safe as well. There are a lot of high end high security safes out there that will do this exact thing. So even a safe can be hard to impossible to get inside of.
This assumes that you know for a fact what is in the safe. That is the key difference here. They do not know for sure what is on the encrypted drive. They hope it is evidence to help with their case, but they have no idea. Judges have ordered passwords to be revealed but again that is when a witness has seen the illegal material and they already know it exists.
In this case they have absolutely no idea what is on the encrypted drive. It could be the checking account, credit cards and stock portfolio and the super secret formula for trading stocks and making $10,000 a week doing it. It could be family pictures. They have absolutely no idea, but they hope it is evidence that will help them convict the person but they don't know for sure.
I have absolutely stood up to the courts and lawyers based on principal and to prove the point that I was right. Was it a hassle? You bet it was, but for me I thought it was worth it to show that not everyone rolls over for them and that they can't just go around doing whatever they want and threatening people to get what they want.
Actually they can not. That is exactly what this case is about. You should have actually read the case notes and files online about the case. The cases you might be thinking of are when a witness has seen the contents of an encrypted drive and knows for a fact there is illegal material on it. In that case they are not trying to find evidence, they already know there is evidence and exactly what kind of evidence, they just want you to produce it.
>If suspected evidence is locked in safe, the suspect can be forced to divulge the combination of the safe. This is not violation of the 5th amendment because it is the
>contents of the safe that is incriminatory; there is nothing discriminating about the combination of the safe itself. Whether you divulge the combination of not, the
>contents of the safe and whether it is incriminating evidence or not, does not change.
That is incorrect. I think you may have been watching too many movies or TV shows. The courts nor the police can force you to help them collect evidence like in the case of opening a safe. They are free however to use whatever idea or force they can come up with to open the safe. Normally they call a lock smith or safe company, he drills out the safe and opens it. They can not however legally make you open your safe for them. Now if you don't want them to destroy the safe then you are free to open it for them but you don't have to do it legally.
The judges can not order people to do whatever they want. They have to operate within the law and what is legally allowed. The courts have only forced people to give up passwords when someone already saw what was encrypted and they know it is illegal. This case will decide if they are legally allowed to make you decrypt your hard drive when they have absolutely no idea what is on it. They might think there is something illegal on it or something that would help their case, but they don't know that for a fact.
You mean Obama and the Democrats? Obama has ordered more warrantless wiretaps in 2 years than Bush did his entire 4 years. Obama did more recess appoints getting around the Senate approval process than any other President. Obama was over turned in a vote for death planning so he went around Congress and had it done through departmental regulations at Medicare. People complained about the two wars of the Bushs, yet Obama didn't get the troops home like he said. Iraq tols Obama that they wanted everyone out in 6 months and he just ignored that. Now Obama has us fighting a 3 front war that he never even asked COngress for permissions to take on the 3rd war. Yes the Democrats and Obama are such wonderful and peaceful people who love to uphold the Constitution and defend people's Constitutional rights.
If you believe that, then I have ocean front property in Utah I would like to talk with you about.
They can not compel you to open a lock box. The search warrant says they are allowed to inspect the contents of the box and look for something specific not a fishing expedition. You do not have to open the lock box for them. The search warrant just says they are legally allowed to search it, rather than just randomly opening people's lock boxes. If you don't give them the key then they are free to use whatever force needed to get in to the lock box, like call a locksmith to pick the lock or drill the lock out.
And which court cases are those that the judge ordered them to reveal a password when they have absolutely no idea what was encrypted on the drive? I have only read about cases where they had to reveal the password when someone/a witness had already actually seen what was on the encrypted drive.
So if I build a safe that if you burn in to it or cut in to it, then it will ignite thermite and destroy everything in the safe and the safe itself. Your saying because it is near impossible or impossible to break into the safe that I have to open it for them? The courts have never ruled that way before. It's the same with a panic room. They are pain to get into and take a long long time to break in to them but the defendant isn't required to help them by opening the panic room.
So if I make a safe out of Lutetium and you don't have anything to cut through it and nothing hot enough to burn through the safe without ruining everything inside. You mean I have to give them the key? That would be a first for the courts to rule that I had to help them gather evidence against me and help make their case.
The fact that in this case it takes them 20 years to brute force break the lock (the encryption) is not the problem of the defendant. They are free to use any force or tactic they need to get in to something, but I don't have to help them.
The police can not compel you to give them the combination of a safe or a key to a locked room. They can then attempt to use force to execute the search warrant. They are free to try and cut or drill in a safe. They are free to try and break a door down. You are in no way ever required to assist them in obtaining evidence against yourself. The courts have ruled on this over and over. The panic rooms are the most common thing where it is a pain to get in to them to search them. That's the whole point though. The police can not force you to open the panic room. They must figure out a way to force their way in.
The fact that it would take 20 years to break a lock (in this case encryption) in not the problem of the defendant. Perhaps the police and prosecutor should have built a better case than one that depended on you incriminating yourself. If the only way they can convict is with the encrypted laptop then perhaps they should have gathered more evidence before arresting the person. I in no way, have to help the police send me to jail. I don't have to help the prosecutor with his case either. He has to gather his own evidence and prove that I broke the law without my help.
You can actually thank the Fedora community for the SELinux support. Some people turn off the SELinux in Fedora because they don't understand how it works. I leave it on and watch the logs to see what if any errors pop up. Complaining that is hard to use or that you don't understand it doesn't help make the system run better and definitely not more secure. There is also the fact that Fedora ships with a SELinux tool (SELinux Troubleshooter) to tell what isn't setup/working properly and how to fix it. If you take the time to learn how SELinux works and watch all the log files to know what is going on, you will gain a valuable skill that is definitely usable in the work place.
Fedora is the upstream of Red Hat Enterprise which is the upstream of CentOS. So all of them are getting a large chunk from the Fedora community. Remember it's the upstream provider who does most of the heavy lifting.
The reality is most IPOs have very little to do with reality and a lot more to do with what the big investors and money guys think they can do to a stock to scam as much profit as they can in the frenzy of the first day of trading. Most of these guys get preferred share blocks from the guys setting up the IPOs so they can wait for the right time and then massively dump their shares at the peak and laugh all the way to the bank as the stock nose dives.
You want to know what kind of power these type of players have. Take a look at George Soros. He's the guy who is known as "the Man Who Broke the Bank of England". He caused a currency drop on the UK pound and kept saying it should be devalued and so he made it happen and dumped tons of UK pounds on the market and broke the Bank of England. He reportedly made $1 Billion off the deal, but some think it was far more than that. He is the kind of guy who actually screws with the markets and makes them jump or fall on his command. You should read his book and see his comments about how he claims he can break any country he wants and has done it in the past. These are the scary guys who snap their fingers and markets fall. These are the type of guys who make the killing off the IPOs.
George Soros' books
If you believe their is reasonable oversight for seizing domains, I have ocean front property in Nevada I want to sell you. The big guys won't get caught in the drag net because they have lobbyists who are paid to pay off...excuse me give political contributions to the people in Washington who matter.
I wish I could mod you up because you are exactly correct. There are about 10-20 people who control most of the massive shifts in the stock market and they are hedge fund and mutual fund managers. They can absolutely destroy companies because of the amount of money and investors they represent and control. The average Joe off the street doesn't stand a chance against these guys. Your best bet is to try and ride their coat tails and hope you don't get thrown off and end up on the floor broke. Not to mention that the public doesn't invest on numbers they invest based on what they feel and think of a company and what they hope and pray someone else will pay for the shares in the future given so few companies actually give out dividends. It's mass psychology at it's finest.
Welcome to the modern stock market. It isn't based on returns to the stock holders, most companies don't even pay dividends, but rather mass psychology of what people think and feel about the company and what they hope someone else will pay for the stock in the future.
If I could raise millions or better yet billions based on selling a stock that never pays a dime to the shareholders I would do it in a New York second. I also know that the average investor is actually going to have zero say how the company is run even if I sell off 60% of the company. I only have to wine and dine a few mutal fund and hedge fund managers to keep the stockholder from going against me. Large blocks of company stocks are mostly actually controlled by a few select people in charge of investing. There are about 10-20 of these people in reality making the huge decisions. You get them in your pocket and you can do anything you want with your company that you only own 20%.
and what exactly has LNKD done today to warrant a 5% jump in stock price? The answer is nothing. It's all mass psychology of what people think might happen and what people think someone else might pay for the stock in the future. People in groups want to move with the groups no matter the cost. So once you step outside that and realize what is going on and aren't influenced by the group then you can make better decision about what the masses are thinking and feeling and can make money based on people's behaviors rather than how the company is actually doing.
If it so connected to numbers why do none of the formulas for stock picking ever work. It's all voodoo and a lot more mass psychology than anything else. Remember the monkey that one of the big papers had picking stocks and it out performed any of the big investors. Welcome to mass psychology that has nothing to do with actual numbers of the company but rather what people feel and think. There have been company boycotts that people thought would effect sales so the stock went down even though the sales numbers were actually rising. Once again an example of mass psychology rather than pure hard numbers. Individual people tend to be smart, but put them in a group and all of a sudden they loose about half their IQ since people in a group want to move with the group even if it makes no sense to do that action. It's mass psychology.