This is sloppy legal analysis. If the court was even remotely consistent then the vast number of times that I have had to deal with that answer (and, the followup objection by defense counsel: asked and answered) to subjects that the witness does not want to discuss in deposition would disappear in a puff of legal logic.
On occasion I've let the weasel slide and during the body of the deposition I've inserted questions along the line of: Are your parents still living? When did your father pass? When did your mother pass? What was the address that you lived at when you left for college? Please state all of your past employers that paid you enough to require that you file a tax return? What is your wedding anniversary? What is the day and month of your spouse's birthday? (each of the kids follow) Who was your favorite college prof? What class or classes did you take? Do you remember your grade(s)?
When did you receive the notice of this deposition?
What did you have for breakfast?
What color tie is your attorney wearing?
I toss those in over 2-3 hours and then ask the question that the deponent could not remember (so conveniently).
I draw two objections - asked and answered and argumentative.
I always ask that we call the judge to get a ruling.
I explain that I've just asked the deponent questions covering many decades about minutia that most people would not recall and the deponent has answered each question without objection from defense counsel. I wish to explore the "memory hole" and how only the fact critical to the case is the ONLY matter that the deponent cannot remember.
Usually the judge gives me a little leeway - but, the record is clear - the deponent's memory is just fine until the fact that will hurt is brought up.
Of course a 5th Amendment objection ends the inquiry (I'm a civil litigator).
The willingness to tolerate the mendacity of poor memory on a daily basis in civil actions puts the lie to this "convenient" ruling.
And poison the majority of the population with Salmonella. Now, that wasn't all that hard. Just watch and learn from US Business - the folks who have created the fast-food nation diet that kills.
More than 23 years ago I took a Toshiba T-1000 to law school. I'm a fairly good typist, but gave up trying to keep up contemporaneous note taking within the first two weeks. I found that the best thing to do was to condense and rewrite my hand-written notes on the laptop after class.
Yes, I was the first student to bring a laptop to any class in my law school.
Synthetic instruments are unregulated and exceed the value of the planet's GNP. Just because people are willing to posit a value in something doesn't mean that it actually has value. Take the Tulip mania of the 1800's http://en.wikipedia.org/wiki/Tulip_mania for example.
The problem with the jerks marketing the derivatives again is that they were bailed out once and expect to be bailed out as many times as they can get away with it.
I wouldn't be at all surprised if today's little "accident" wasn't just a few program traders making a killing under the guise of a typo. I trust nobody in any of the Wall Street Arbitrage / Hedge Fund business. We would all be better off repealing the Gramm-Leach-Bliley Act and imprisoning the top 20% of every investment house.
"Tort Reform" has capped the liability for physicians in many states - despite criminals like Michael Swango, M.D. poisoning patients and co-workers. http://abcnews.go.com/US/story?id=96548&page=1
Time to take a had line approach to a class of criminal that would actually BE deterred if they knew that they would certainly be executed. Hell, make the next of kin push the button. Add a real fear of retaliation from a disgruntled spouse and those "masters of the universe" would dot every "i" and cross every "t."
Well, you have a point - but the risk associated with developing real property is substantial and not necessarily foreseeable or controllable by the developer (e.g. September 2008).
Moreover, the risk is spread - typically a bank makes a construction loan that is paid off very quickly after the completion of construction - and that, in turn, means that the developer has a major incentive to line up buyers for the condo units so that they pay the developer and the construction loan issuing bank at the closing. Once the construction loan has been retired, the rest is profit.
Of course, the potential for default - or a chain of defaults - is always present where a prime contractor or a sub creates the first default in the domino chain that takes the project south. Liens, breach and litigation are the stuff of a construction project gone bad.
Oh, we simply eliminate the world economy and devolve back to barter?
Quoting Glenn Beck for anything is entirely revelatory. Nixon took the US off of the Gold Standard and allowed uS Currency to "float" against other nation's currencies. The price of gold has *nothing* to do with the value of US Currency.
Gold is grossly overpriced today and the fools who buy at the top of the market will lose big.
So, we know the intellect of the target market for Glenn Beck's show.... you know, people who believe the things that a Vick's Vapo-rub crying lunatic whines as he plays with chalk. My God, what a fool he is. Even worse are the total tools who watch his BS.
Well, perhaps we ought to consider lifetime revocations of trader certifications - or, where a fraud has been committed that costs more than $1meg - consider death penalties. These well educated investors/brokers/traders/managers would be deterred if a few were executed. Unlike the fools who rob and murder who can't conceive of the consequences of their acts.
Imagine the crowd outside the prison if the law mandated Bernie Madoff pay the ultimate price. Would we even have had a Madoff embezzlement if Ivan Boesky and Michael Milken had been subject to the death penalty twenty years earlier.
If we are ever going to hold these traders accountable - then I am for an effective death penalty for financial mis/mal/nonfeasance in excess of $1meg. Cull the herd.
That nails it. The synthetic instruments in trade now exceed the GNP of the entire planet. Smoke and mirrors - vast investments in products that have no intrinsic value - we are playing dice with the planet's economy.
Look at all of the ATM menus out there. Why, it's a veritable fiesta of variations on a theme, no two alike (just like apps running under Windoze). Each one of these menus was created by somebody who knew better than anybody else how the ATM should interact with the average human.
That kind of concrete thinking makes for a committed terrorist.
Rand had no royalties at the end of her life. The copyrights had run on her books and plays. She lived on her Social Security check and married a man named O'Connor and the two lived in a rent-controlled apartment on Manhattan's upper west side in the late 1960s-early 1970s. I would see her at the deli on Broadway between 98th and 99th street from time to time.
She was a favorite guest of a conservative club located in the basement of a brownstone at 92nd St. between Broadway and West End Avenue. The area was full of political clubs in those days, I belonged to the Hudson Independent Democrats, a FDR democratic club. When James Buckley was elected NY Senator on the Conservative Party Ticket, it was because the Republican and Democratic candidates split the vote.
I did see quite a few engineering students at NYU (just before NYU dumped its engineering department) in the early 1970s reading Atlas Shrugged - but, they were square in the middle of The Village and such nonsense was acceptable in that free-for-all part of the city.
Over the years it has gotten more and more clear to me that (counter-intuitively perhaps) it is entirelty possible for very intelligent, learned and hard working men to be religious fanatics, homicidal maniacs, perverts, terrorists, psychopaths, all-round assholes or all of the above. Moral outlook and intelligence don't seem to be very strongly related at all.
the infamous walletectomy - a capital depreciation device - parting fools from their money - earning income from grants to perform double-blind, placebo-controlled experiments. All proven things that ginkgo biloba is good for...
The 9/11 hijackers killed the pilots and at least one crew member. Box cutters - remember? Cockpit voice recorders.
The prior post ascribed mental illness and dull or lower intelligence in suicide bombers. These suicide pilots took flight training and were able to coordinate four hijackings. Those facts belie the assertion that all suicide terrorists are mentally ill and dull in IQ.
You and your company are criminals. END OF DISCUSSION.
My degrees include biology, chemistry, endocrine physiology and law and I have been a major midwest city assistant DA (20 years ago).
I have only CONTEMPT for people who don't report criminal acts - and thusly facilitate further criminal acts.
If you see a drunk getting into a car, then watch them run over a kid in a crosswalk - but don't call the police because you don't want to get involved - I can easily put you both in the same set as those people in Queens who ignored Kitty Genovese's cries for assistance while being murdered.
You are a criminal by dint of your failure to report criminal activity.
I'm an attorney. The response is what the law mandates.
The anonymity of these attackers makes any countermeasure expensive.
Your company has been the victim of criminal trespass (or, whatever the crime is called in your jurisdiction) and your company has to report the crime or be guilty of aiding the DDoS criminal. Effectively, your company's path facilitates future attacks because the failure to report this attack denies the police information about a crime and leads. The police cannot exercise their powers without assistance from the victims.
Your corporate legal department is simply not equipped to deal with this type of situation.
I litigated my first Title 18 civil computer tampering case back in '95. We put three adolescents (and, their parents) who had root on an ISP I represented, through the civil wringer - we sued the parents for placing a dangerous instrumentality into the hands of the kids - computers and Internet access - and then the US Attorney had a wack at them.
That situation was different - we were able to identify the hackers - because the fools were applying to warez groups from their "invisible" accounts on one of the Sun servers. We had names, addresses and copies of the IRC chats.
We asked for $200k/family and a LIFETIME BAN on the kids use of computers. The civil Court granted the judgments - but refused the equitable remedy of the ban.
However, the US Attorney got the ban under the Criminal charges and I damned well did follow up when the little criminals graduated from HS and went to college - each college received copies of the lifetime computer ban - in the form of a certified Judgment. I sent copies off to the parents, too.
Whatever happened to them afterward, I don't know. I do know that before all of the legal work - that we contacted the parents and advised them of what their kids were doing and asked them to stop or we would take legal action. The parents, to a family, reacted with hostility. We tagged their homeowners' policies in the civil judgments - but they had to pay for the kids criminal defense out of their own pockets. Nothing like a good walletectomy to shut down the arrogant.
Your company's failure to take its duty to the law seriously only makes it easier for these criminals to ply their trade. Sloppy decision. If I knew enough to turn your company in, I would do so in a heartbeat.
Assuming that I ran an Amazon - a lawful business - I'd report the extortion and work with INTERPOL and the FBI to make the payment and keep my business alive and catch the botnet operator(s).
The past has shown that the off shore gambling sites have paid repeatedly - and they remain profitable. The protection racket is a parasite that loses when it kills its host.
Slashdot Mirror
This is sloppy legal analysis. If the court was even remotely consistent then the vast number of times that I have had to deal with that answer (and, the followup objection by defense counsel: asked and answered) to subjects that the witness does not want to discuss in deposition would disappear in a puff of legal logic.
On occasion I've let the weasel slide and during the body of the deposition I've inserted questions along the line of:
Are your parents still living? When did your father pass? When did your mother pass?
What was the address that you lived at when you left for college?
Please state all of your past employers that paid you enough to require that you file a tax return?
What is your wedding anniversary?
What is the day and month of your spouse's birthday? (each of the kids follow)
Who was your favorite college prof? What class or classes did you take? Do you remember your grade(s)?
When did you receive the notice of this deposition?
What did you have for breakfast?
What color tie is your attorney wearing?
I toss those in over 2-3 hours and then ask the question that the deponent could not remember (so conveniently).
I draw two objections - asked and answered and argumentative.
I always ask that we call the judge to get a ruling.
I explain that I've just asked the deponent questions covering many decades about minutia that most people would not recall and the deponent has answered each question without objection from defense counsel. I wish to explore the "memory hole" and how only the fact critical to the case is the ONLY matter that the deponent cannot remember.
Usually the judge gives me a little leeway - but, the record is clear - the deponent's memory is just fine until the fact that will hurt is brought up.
Of course a 5th Amendment objection ends the inquiry (I'm a civil litigator).
The willingness to tolerate the mendacity of poor memory on a daily basis in civil actions puts the lie to this "convenient" ruling.
And poison the majority of the population with Salmonella. Now, that wasn't all that hard. Just watch and learn from US Business - the folks who have created the fast-food nation diet that kills.
What, this was supposed to be faster?
Most of his subjects had much longer lifespans. Why couldn't astronomers have lifespans on parity with a few near-space objects ...
RIP, Jack.
FWIW:
Methane,
H
H C H
H
Carbon dioxide
O=C=O
The energy necessary to sever 2Oxygen from Carbon is orders of magnitude greater than breaking Methane into 4H2-O + C-O2
Private Legal Counsel.
More than 23 years ago I took a Toshiba T-1000 to law school. I'm a fairly good typist, but gave up trying to keep up contemporaneous note taking within the first two weeks. I found that the best thing to do was to condense and rewrite my hand-written notes on the laptop after class.
Yes, I was the first student to bring a laptop to any class in my law school.
Synthetic instruments are unregulated and exceed the value of the planet's GNP. Just because people are willing to posit a value in something doesn't mean that it actually has value. Take the Tulip mania of the 1800's http://en.wikipedia.org/wiki/Tulip_mania for example.
The problem with the jerks marketing the derivatives again is that they were bailed out once and expect to be bailed out as many times as they can get away with it.
I wouldn't be at all surprised if today's little "accident" wasn't just a few program traders making a killing under the guise of a typo. I trust nobody in any of the Wall Street Arbitrage / Hedge Fund business. We would all be better off repealing the Gramm-Leach-Bliley Act and imprisoning the top 20% of every investment house.
Well, Italy didn't do much where a massive engineering firm created a dam that failed. See: http://en.wikipedia.org/wiki/Vajont_Dam
"Tort Reform" has capped the liability for physicians in many states - despite criminals like Michael Swango, M.D. poisoning patients and co-workers. http://abcnews.go.com/US/story?id=96548&page=1
The number of crooked lawyers (my own profession) is burgeoning and many are directly involved in the economic meltdown. http://www.mcclatchydc.com/2010/04/21/92637/goldmans-connections-to-white.html
Time to take a had line approach to a class of criminal that would actually BE deterred if they knew that they would certainly be executed. Hell, make the next of kin push the button. Add a real fear of retaliation from a disgruntled spouse and those "masters of the universe" would dot every "i" and cross every "t."
Well, you have a point - but the risk associated with developing real property is substantial and not necessarily foreseeable or controllable by the developer (e.g. September 2008).
Moreover, the risk is spread - typically a bank makes a construction loan that is paid off very quickly after the completion of construction - and that, in turn, means that the developer has a major incentive to line up buyers for the condo units so that they pay the developer and the construction loan issuing bank at the closing. Once the construction loan has been retired, the rest is profit.
Of course, the potential for default - or a chain of defaults - is always present where a prime contractor or a sub creates the first default in the domino chain that takes the project south. Liens, breach and litigation are the stuff of a construction project gone bad.
Wanna bet? Trade has driven human intercourse for millennia. The "economy" is not going to disappear any time soon.
It may be seriously twisted by the unregulated banksters - but not killed.
Oh, we simply eliminate the world economy and devolve back to barter?
Quoting Glenn Beck for anything is entirely revelatory. Nixon took the US off of the Gold Standard and allowed uS Currency to "float" against other nation's currencies. The price of gold has *nothing* to do with the value of US Currency.
Gold is grossly overpriced today and the fools who buy at the top of the market will lose big.
So, we know the intellect of the target market for Glenn Beck's show.... you know, people who believe the things that a Vick's Vapo-rub crying lunatic whines as he plays with chalk. My God, what a fool he is. Even worse are the total tools who watch his BS.
Good luck with your
Well, perhaps we ought to consider lifetime revocations of trader certifications - or, where a fraud has been committed that costs more than $1meg - consider death penalties. These well educated investors/brokers/traders/managers would be deterred if a few were executed. Unlike the fools who rob and murder who can't conceive of the consequences of their acts.
Imagine the crowd outside the prison if the law mandated Bernie Madoff pay the ultimate price. Would we even have had a Madoff embezzlement if Ivan Boesky and Michael Milken had been subject to the death penalty twenty years earlier.
If we are ever going to hold these traders accountable - then I am for an effective death penalty for financial mis/mal/nonfeasance in excess of $1meg. Cull the herd.
Or, it was intentional. Who says that the initial drop wasn't strategy?
That nails it. The synthetic instruments in trade now exceed the GNP of the entire planet. Smoke and mirrors - vast investments in products that have no intrinsic value - we are playing dice with the planet's economy.
That would really be a bummer, Brother Jonathan.
Look at all of the ATM menus out there. Why, it's a veritable fiesta of variations on a theme, no two alike (just like apps running under Windoze). Each one of these menus was created by somebody who knew better than anybody else how the ATM should interact with the average human.
That kind of concrete thinking makes for a committed terrorist.
Rand had no royalties at the end of her life. The copyrights had run on her books and plays. She lived on her Social Security check and married a man named O'Connor and the two lived in a rent-controlled apartment on Manhattan's upper west side in the late 1960s-early 1970s. I would see her at the deli on Broadway between 98th and 99th street from time to time.
She was a favorite guest of a conservative club located in the basement of a brownstone at 92nd St. between Broadway and West End Avenue. The area was full of political clubs in those days, I belonged to the Hudson Independent Democrats, a FDR democratic club. When James Buckley was elected NY Senator on the Conservative Party Ticket, it was because the Republican and Democratic candidates split the vote.
I did see quite a few engineering students at NYU (just before NYU dumped its engineering department) in the early 1970s reading Atlas Shrugged - but, they were square in the middle of The Village and such nonsense was acceptable in that free-for-all part of the city.
Over the years it has gotten more and more clear to me that (counter-intuitively perhaps) it is entirelty possible for very intelligent, learned and hard working men to be religious fanatics, homicidal maniacs, perverts, terrorists, psychopaths, all-round assholes or all of the above. Moral outlook and intelligence don't seem to be very strongly related at all.
You got that one right. The intrinsic frailty of human minds means that you can be a high-performing, socially-accepted individual who secretly plans and executes mass murders. http://en.wikipedia.org/wiki/List_of_mass_murderers_and_spree_killers_by_number_of_victims
the infamous walletectomy - a capital depreciation device - parting fools from their money - earning income from grants to perform double-blind, placebo-controlled experiments. All proven things that ginkgo biloba is good for...
The 9/11 hijackers killed the pilots and at least one crew member. Box cutters - remember? Cockpit voice recorders.
The prior post ascribed mental illness and dull or lower intelligence in suicide bombers. These suicide pilots took flight training and were able to coordinate four hijackings. Those facts belie the assertion that all suicide terrorists are mentally ill and dull in IQ.
You and your company are criminals. END OF DISCUSSION.
My degrees include biology, chemistry, endocrine physiology and law and I have been a major midwest city assistant DA (20 years ago).
I have only CONTEMPT for people who don't report criminal acts - and thusly facilitate further criminal acts.
If you see a drunk getting into a car, then watch them run over a kid in a crosswalk - but don't call the police because you don't want to get involved - I can easily put you both in the same set as those people in Queens who ignored Kitty Genovese's cries for assistance while being murdered.
You are a criminal by dint of your failure to report criminal activity.
QQQQ U and your company, too.
I'm an attorney. The response is what the law mandates.
The anonymity of these attackers makes any countermeasure expensive.
Your company has been the victim of criminal trespass (or, whatever the crime is called in your jurisdiction) and your company has to report the crime or be guilty of aiding the DDoS criminal. Effectively, your company's path facilitates future attacks because the failure to report this attack denies the police information about a crime and leads. The police cannot exercise their powers without assistance from the victims.
Your corporate legal department is simply not equipped to deal with this type of situation.
I litigated my first Title 18 civil computer tampering case back in '95. We put three adolescents (and, their parents) who had root on an ISP I represented, through the civil wringer - we sued the parents for placing a dangerous instrumentality into the hands of the kids - computers and Internet access - and then the US Attorney had a wack at them.
That situation was different - we were able to identify the hackers - because the fools were applying to warez groups from their "invisible" accounts on one of the Sun servers. We had names, addresses and copies of the IRC chats.
We asked for $200k/family and a LIFETIME BAN on the kids use of computers. The civil Court granted the judgments - but refused the equitable remedy of the ban.
However, the US Attorney got the ban under the Criminal charges and I damned well did follow up when the little criminals graduated from HS and went to college - each college received copies of the lifetime computer ban - in the form of a certified Judgment. I sent copies off to the parents, too.
Whatever happened to them afterward, I don't know. I do know that before all of the legal work - that we contacted the parents and advised them of what their kids were doing and asked them to stop or we would take legal action. The parents, to a family, reacted with hostility. We tagged their homeowners' policies in the civil judgments - but they had to pay for the kids criminal defense out of their own pockets. Nothing like a good walletectomy to shut down the arrogant.
Your company's failure to take its duty to the law seriously only makes it easier for these criminals to ply their trade. Sloppy decision. If I knew enough to turn your company in, I would do so in a heartbeat.
Assuming that I ran an Amazon - a lawful business - I'd report the extortion and work with INTERPOL and the FBI to make the payment and keep my business alive and catch the botnet operator(s).
That would, undoubtedly, cost a lot of money.
Well, when they cover areola - you would understand.
Cornish.....
The past has shown that the off shore gambling sites have paid repeatedly - and they remain profitable. The protection racket is a parasite that loses when it kills its host.