When the founding fathers thought of privacy they were thinking of the privileged.
There is no evidence that the founding fathers ever considered privacy. There is definitely no indication that they thought it that important. It appears no where in the Constitution prior to the Civil War, and without the 14th Amendment (and ignoring the Universal Declaration of Human Rights), we wouldn't have a Constitutionally-recognized right to privacy at all.
As it is, "privacy" appears nowhere in the amendment, but an important court case in the 1900s read into the 14th Amendment a right to privacy. Griswold v. Connecticut, 381 U.S. 479 (1965). This was based on the theory of modern substantive due process rights, and the Due Process clause is from the 14th Amendment.
Of course, we have the Privacy Act of 1974 and the FDHR (see above), but the Constitution did not "contain" a right to privacy until 1965, definitely after the deaths of all the founding fathers.
I should point out what I said is true only for symmetrical keys. For asymmetrical keys, Alice has the private key and Bob has Alice's public key, and Alice can give Bob her public key at any point in public without fear of a typical Carol decrypting the communications. However, in this situation Carol owns Alice and thus owns Alice's private key; Carol effectively becomes Alice. Again, the encryption is broken.
your video player is Alice. The remote server is Bob. They exchange keys, and at that point Bob knows that Alice is authentic, and vice versa, and from then on, the encrypted material they exchange is as 'secure' as other symmetric key exchanges.
However, because you literally own Alice, and sit in between Alice and Bob, you can read whatever communications they send, which includes the keys they have exchanged.
Now, I'm no crypto expert, but at some point Alice has to receive the key required to decrypt the disc. If they key is sent in plaintext over the net, you can intercept it and decrypt the disc. If the key is sent encrypted, Alice must know how to decrypt this. However, as we keep seeing, hackers are already able to discover from Alice how to decrypt the disc. They would certainly be able to discover how to decrypt the encrypted disc-decrypting key. Thus, again, the key is know, and the disc can be decrypted.
The only way a secure communication can be had between Alice and Bob is if they do the initial key exchange in a channel where they know no one has eavesdropped. This is a cryptography fact. Because Carol owns Alice, there is only one time Alice can receive the key without Carol eavesdropping -- that is before Carol owns Alice.
However, again, as we keep seeing, the valiant Carols of doom9 and other places are able to get at anything Alice knows and has stored in her mind.
at which point they can do crypto exchange of passwords with a remote server
As long as routers exist, this won't work. Just sniff every bit that goes by. There has to be an initial key exchange at some point. If it is a predetermined key, then it's exactly like the system we have now (which, as I'm sure you've noticed, is getting broken over and over again).
And in Japan and other countries, each phone call (including local) costs money, so using a modem to do the key exchange would never fly because every time you wanted to watch an XQM-DVD, you'd have to pay more money. People would get pissed about this idea. Thank God for unsupervised kids, they'd run up crazy phone bills changing XQM-DVDs in and out of the players.
The Libertarian solution to every problem doesn't always work, and in this case, it won't work.
Under a pure Libertarian philosophy, the DMCA wouldn't exist. Probably copyright wouldn't exist. That would solve all these RIAA problems, becase there'd be no law under which to sue.
That is why text messages are superior. They are temporally asynchronous (like email), but carry more urgency than regular email. It is available anywhere you get a signal, can be read and answered in meetings (let's see you answer your phone in the middle of a meeting and start talking to your kid about dinner), and are not distracting.
In Japan they have it right -- text messaging is more popular than voice chatting. We need to get that way in the US, too. I paid 10 bucks a month for unlimited packets (internet and SMS) while I lived in Japan. Americans are getting screwed by the providers in this area (not to mention other areas).
I certainly don't think your comment should be hidden, and it provides a great comment. However, it's not like the Christian Bible is any better. Here, anyone who believes in anyone but god is to be stoned to death.
That's a bit unfair. There's a shitload of stuff in the Pentateuch which is overridden by the new covenant in Christ that we find in the New Testament. For example, near Deuteronomy, you'll find many laws in Leviticus, including laws which forbid people from eating certain foods and from shaving (!!!).
Of course, Christians do not follow these laws because they were nullified through Christ. Beyond that, the old laws were part of a covenant made with the Children of Israel, a group to which I do not belong. So, at best, you could criticize Jews for this practice, but not Christians, since Christians are not compelled to obey the laws of the old covenant.
Of course, there are many people on/. who are more educated about religion than me, so I defer to them. Someone else mentioned that the older parts of the Koran call for peace, while the newer parts call for jihad. If this is true, then Christian and Muslim beliefs are moving in opposite directions.
The US and Japan both are the same -- translations are derivative works. I wanted to translate an old silent-era Japanese film and release it to the public, but it's still under copyright in both countries. However, there's no freaking way this film would ever be commercially subtitled, so it's a shame that potentially interested parties are being deprived of the opportunity to see it.
On a more positive note, there are other silent-era films available to watch. I suggest "I Was Born But..." by Yasujiro Ozu. Unfortunately, it's only available on VHS, and is apparently out of print. It's hilarious, and shows pre-WWII Japan for anyone who is interested in history.
What ever happened to the idea of trying to learn something instead of being so lazy that we have the computer re-render information for us.
I know, dammit! Stop using Babelfish, you idiots. Just learn the goddamn language next time, you lazy bums!
Instead of re-formatting your text, why not reformat your brain?
Congratulations. You share the philosophy of the editors of Wired, who love putting fluorescent pink text on fluorescent yellow backgrounds.
What you're saying would basically place us back in the dark ages of typography, with old fonts (hint: many are difficult to read, physiologically speaking).
The ASCII string "Advanced Access Content System" can be represented as a sequence of bytes. Those bytes represent the integer: 115575102057
I don't know your method of calculation, but I am wondering why my method of estimation is not correct. In ASCII, each letter of the alphabet is represented by a value greater than or equal to 0x41. Space is greater than 1. There are 27 characters, excluding spaces, in "Advanced..." Therefore, we know (0x41)^27 < int("Advanced Access Content System") 8.885e48 <...
8.885e48 is astronomically larger than the value you've given. Note that any value not preceded by "0x" in my calculation is decimal, not hex.
Also, just by observation, a 30-character string of ASCII text with no NULLs (including the spaces) represented in hex is at least the value
In fact, if I was in her place, I would not comply and instead challenge it on grounds of... pffft, let a lawyer get creative
How about reading right out of the US Code? 17 U.S.C. Section 103 states that a derivative work does not get protection under copyright law for any part of the derivative work which was used illegally (in this case, namely, 100% of the ID).
Assuming this particular state document is copyrighted,
. . . protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully
17 U.S.C. 103. Title 17 governs US copyright law. Typically modifying a driver's license or other state-issued ID is blackletter law illegalality. Therefore, not only was the original ID used unlawfully, but the image she placed on her fake ID was also used unlawfully. Thus, no part of the ID (not even a photo taken herself) could be protected by copyright law. http://www.copyright.gov/title17/92chap1.html#103
Now, I have a whitelist for cookies, and I haven't whitelisted you, yet. Can you send me the cookie via/.? I've whitelisted this site (obviously, since I'm signed in).
As I stated in another thread, he did commit an illegal act within the United States.
The same argument could be made for Americans blogging about porn and specifically targeting or advertising the blog in, say, a country which uses Sharia law. If we had an extradition treaty with such a country, we'd be bound by agreement to extradiate, and of course the proverbial shit would hit the fan. What would happen next is anyone's guess, but probably we'd never enter into such an agreement. Even if we did, there are agreements in place between Canada and the US which evidence what the agreement might tentatively look like -- sure, we'll extradite, but when the death penalty is involved, we are not obligated. This is the case when a Canadian faces the death penalty in the US -- Canada, under the agreements, can refuse to extradite. This sort of agreement would most definitely be in an agreement between the US and, say, Iran or Saudi Arabia.
So what *is* the justification for extraditing your own citizens to a foreign country they've never been to?
I don't have a source off-hand, but I seem to recall that this guy set up the warez servers in the USA, so technically he has been to the US, as far as the common law is concerned.
The analogy goes like this: If you stand just Nevadan of the NV-CA border, and shoot someone just Californian of the border, where did you commit the murder? No one in NV was shot and killed, so not in Nevada! You committed the murder in California as far as the common law is concerned, and thus can be tried under California jurisdiction for murder. Reference.
Australia and the US both have common law court systems, so this analogy carries over very cleanly to the internet -- if you never set physical foot in the US, but the illegal act you perform occurs in the US (the servers are in the US), then you fall under US jurisdiction. One might even go so far as to say that you used the internet (the gun) to fire the bytes (bullets) to commit copyright infringement (murder).
England, Australia, the US, Canada, and quite a few other countries use this system. Map of common law countries.
Here is my equally objective without-a-tinge-of-animosity response:
There is a difference between consuming video or audio, and actually communicating. For example, I can't understand the telenovelas sudoamericanas my girlfriend watches, but I can speak with her and her family in Spanish fine and dandy. I speak English natively, but can't understand some English raps, and I speak Japanese fluently, but I still can't understand Japanese music very well. However, I managed the language just fine when I studied at university there.
Understanding movies means you have to be able to understand at native speed. However, when conversing, there's nothing stopping you from saying, "Repita una vez mas por favor. Lentamente," or, "Parlez plus lentement, s'il vous plait," or whatever.
I think you overestimate the skill required to survive in a foreign country. I only claimed to be able to learn survival French in a semester, not the level required to watch Le Fabuleux Destin d'Amélie Poulain without subtitles. I know plenty of Japanese people who cannot understand television English a lick, but get along just fine speaking English with me.
As someone who has gone through the arduous process of actually learning a second language to fluency, I understand how difficult it is to learn a foreign language.
Basically, my point was intended to be (in the previous post) that it is much, much easier for someone from a first-world country to acquire a language necessary for life in a foreign country prior to arriving there than it is for someone from Africa or the Middle East, two primary countries of origin of immigrants-to-France. Whether I can actually learn French in a semester is irrelevant to my main point.
And La Femme Nikita is a great film; I also liked Wasabi, but that was more because it was a bilingual French-Japanese movie, so I got a language I speak and a language I'd like to speak, and no English that I can remember.
Perhaps making it a demand is what makes it unreasonable?
I think what makes it unreasonable is there is a very high probability that someone needing to immigrate to a developed country has had no opportunity to learn the requisite language before moving. Many people immigrating to developed countries aren't from developed countries, where all it takes to learn survival French is a trip to the local library and a year or so of community college classes.
Being an American who had the opportunity to study Spanish in junior high and high school, I could probably pick up enough French in a semester to be able to survive in France without using English. Hell, I can sort-of read French books, and I've never studied it.
However, there are people who need to get out of their respective countries who have not had the opportunity, or the benefit of learning a Romance (or Germanic, if the desire is to move to the other half of (north|western) Europe) language at a young age.
Once it hits BitTorrent and IRC, it might as well be everywhere.
Except then it requires you to download 20GB of data and (because presumably a tracker that has HD DVD titles would by necessity have ratio requirements in place) upload 20GB of data. The average user would be sitting on that torrent for (assuming 40KB/s max up, dedicated to that one file, 24 hours a day) almost 6 days.
That's assuming all you are doing is torrenting one file. Yikes.
I sure as hell don't want a "hack" that still requires me to download 20GB of data. I don't consider the system hacked until I can do it myself. Once patching the Xbox360 HD DVD drive becomes easy (at least as easy as hacking the Xbox and putting in a new hard drive), then I think we can say the system has been successfully hacked.
Remember that the goal is not to say "Mission Accomplished" until the mission is actually accomplished (Bush, anyone?) -- for people to be able to backup their media.
A free society is one where all citizens are equally free from legal force that gives power to some and takes power away from others
a free society is one where an individual can make any decision they want, as long as they do not directly harm the physical property or body of another individual
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As it is, "privacy" appears nowhere in the amendment, but an important court case in the 1900s read into the 14th Amendment a right to privacy. Griswold v. Connecticut , 381 U.S. 479 (1965). This was based on the theory of modern substantive due process rights, and the Due Process clause is from the 14th Amendment.
Of course, we have the Privacy Act of 1974 and the FDHR (see above), but the Constitution did not "contain" a right to privacy until 1965, definitely after the deaths of all the founding fathers.
Your argument seems to imply we should never be allowed to take pictures in public places.
I should point out what I said is true only for symmetrical keys. For asymmetrical keys, Alice has the private key and Bob has Alice's public key, and Alice can give Bob her public key at any point in public without fear of a typical Carol decrypting the communications. However, in this situation Carol owns Alice and thus owns Alice's private key; Carol effectively becomes Alice. Again, the encryption is broken.
Now, I'm no crypto expert, but at some point Alice has to receive the key required to decrypt the disc. If they key is sent in plaintext over the net, you can intercept it and decrypt the disc. If the key is sent encrypted, Alice must know how to decrypt this. However, as we keep seeing, hackers are already able to discover from Alice how to decrypt the disc. They would certainly be able to discover how to decrypt the encrypted disc-decrypting key. Thus, again, the key is know, and the disc can be decrypted.
The only way a secure communication can be had between Alice and Bob is if they do the initial key exchange in a channel where they know no one has eavesdropped. This is a cryptography fact. Because Carol owns Alice, there is only one time Alice can receive the key without Carol eavesdropping -- that is before Carol owns Alice.
However, again, as we keep seeing, the valiant Carols of doom9 and other places are able to get at anything Alice knows and has stored in her mind.
It does not mean what you think.
Shut up, Sicilian.
You killed my father.
I'm Inigo Montoya.
Hi, prepare to die!
Rhyme, time, ahead, dead--
No more rhymes now, I mean it!
You want a peanut?
I think Sicilian is three syllables. I imagine some places pronounce it si-ci-li-an, but I pronounce it si-ci-lian (lyun).
And in Japan and other countries, each phone call (including local) costs money, so using a modem to do the key exchange would never fly because every time you wanted to watch an XQM-DVD, you'd have to pay more money. People would get pissed about this idea. Thank God for unsupervised kids, they'd run up crazy phone bills changing XQM-DVDs in and out of the players.
You underestimate the power of the internet; I think the video will be viewed 09,F91,102,9D7,4E3,5BD,841,56C,563,568,8C0 times.
That is why text messages are superior. They are temporally asynchronous (like email), but carry more urgency than regular email. It is available anywhere you get a signal, can be read and answered in meetings (let's see you answer your phone in the middle of a meeting and start talking to your kid about dinner), and are not distracting.
In Japan they have it right -- text messaging is more popular than voice chatting. We need to get that way in the US, too. I paid 10 bucks a month for unlimited packets (internet and SMS) while I lived in Japan. Americans are getting screwed by the providers in this area (not to mention other areas).
Of course, Christians do not follow these laws because they were nullified through Christ. Beyond that, the old laws were part of a covenant made with the Children of Israel, a group to which I do not belong. So, at best, you could criticize Jews for this practice, but not Christians, since Christians are not compelled to obey the laws of the old covenant.
Of course, there are many people on
The US and Japan both are the same -- translations are derivative works. I wanted to translate an old silent-era Japanese film and release it to the public, but it's still under copyright in both countries. However, there's no freaking way this film would ever be commercially subtitled, so it's a shame that potentially interested parties are being deprived of the opportunity to see it.
On a more positive note, there are other silent-era films available to watch. I suggest "I Was Born But..." by Yasujiro Ozu. Unfortunately, it's only available on VHS, and is apparently out of print. It's hilarious, and shows pre-WWII Japan for anyone who is interested in history.
What you're saying would basically place us back in the dark ages of typography, with old fonts (hint: many are difficult to read, physiologically speaking).
And would we call a speaker of Rubish a rube?
(0x41)^27 < int("Advanced Access Content System")
8.885e48 <
8.885e48 is astronomically larger than the value you've given. Note that any value not preceded by "0x" in my calculation is decimal, not hex.
Also, just by observation, a 30-character string of ASCII text with no NULLs (including the spaces) represented in hex is at least the value
0x1,01,01,01,01,01,01,01,01,01,01,01,01,01,01,01,
Again, astronomically larger than what you gave.
Now, what I'd like to do is calculate the Unicode value of the text!
Now, I have a whitelist for cookies, and I haven't whitelisted you, yet. Can you send me the cookie via
As I stated in another thread, he did commit an illegal act within the United States.
The same argument could be made for Americans blogging about porn and specifically targeting or advertising the blog in, say, a country which uses Sharia law. If we had an extradition treaty with such a country, we'd be bound by agreement to extradiate, and of course the proverbial shit would hit the fan. What would happen next is anyone's guess, but probably we'd never enter into such an agreement. Even if we did, there are agreements in place between Canada and the US which evidence what the agreement might tentatively look like -- sure, we'll extradite, but when the death penalty is involved, we are not obligated. This is the case when a Canadian faces the death penalty in the US -- Canada, under the agreements, can refuse to extradite. This sort of agreement would most definitely be in an agreement between the US and, say, Iran or Saudi Arabia.
The analogy goes like this: If you stand just Nevadan of the NV-CA border, and shoot someone just Californian of the border, where did you commit the murder? No one in NV was shot and killed, so not in Nevada! You committed the murder in California as far as the common law is concerned, and thus can be tried under California jurisdiction for murder. Reference.
Australia and the US both have common law court systems, so this analogy carries over very cleanly to the internet -- if you never set physical foot in the US, but the illegal act you perform occurs in the US (the servers are in the US), then you fall under US jurisdiction. One might even go so far as to say that you used the internet (the gun) to fire the bytes (bullets) to commit copyright infringement (murder).
England, Australia, the US, Canada, and quite a few other countries use this system. Map of common law countries.
Here is my equally objective without-a-tinge-of-animosity response:
There is a difference between consuming video or audio, and actually communicating. For example, I can't understand the telenovelas sudoamericanas my girlfriend watches, but I can speak with her and her family in Spanish fine and dandy. I speak English natively, but can't understand some English raps, and I speak Japanese fluently, but I still can't understand Japanese music very well. However, I managed the language just fine when I studied at university there.
Understanding movies means you have to be able to understand at native speed. However, when conversing, there's nothing stopping you from saying, "Repita una vez mas por favor. Lentamente," or, "Parlez plus lentement, s'il vous plait," or whatever.
I think you overestimate the skill required to survive in a foreign country. I only claimed to be able to learn survival French in a semester, not the level required to watch Le Fabuleux Destin d'Amélie Poulain without subtitles. I know plenty of Japanese people who cannot understand television English a lick, but get along just fine speaking English with me.
As someone who has gone through the arduous process of actually learning a second language to fluency, I understand how difficult it is to learn a foreign language.
Basically, my point was intended to be (in the previous post) that it is much, much easier for someone from a first-world country to acquire a language necessary for life in a foreign country prior to arriving there than it is for someone from Africa or the Middle East, two primary countries of origin of immigrants-to-France. Whether I can actually learn French in a semester is irrelevant to my main point.
And La Femme Nikita is a great film; I also liked Wasabi, but that was more because it was a bilingual French-Japanese movie, so I got a language I speak and a language I'd like to speak, and no English that I can remember.
Being an American who had the opportunity to study Spanish in junior high and high school, I could probably pick up enough French in a semester to be able to survive in France without using English. Hell, I can sort-of read French books, and I've never studied it.
However, there are people who need to get out of their respective countries who have not had the opportunity, or the benefit of learning a Romance (or Germanic, if the desire is to move to the other half of (north|western) Europe) language at a young age.
That's assuming all you are doing is torrenting one file. Yikes.
I sure as hell don't want a "hack" that still requires me to download 20GB of data. I don't consider the system hacked until I can do it myself. Once patching the Xbox360 HD DVD drive becomes easy (at least as easy as hacking the Xbox and putting in a new hard drive), then I think we can say the system has been successfully hacked.
Remember that the goal is not to say "Mission Accomplished" until the mission is actually accomplished (Bush, anyone?) -- for people to be able to backup their media.