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User: arbitraryaardvark

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Comments · 473

  1. Re:Stolen? on Guilty Plea in AOL Engineer's Address Theft Case · · Score: 1

    OK, you've done what I asked for, cited a case, so you win, and I'll let it drop.

    But first I'm going to bicker midly about your examples, and tell some war stories, before I fall asleep in my rocking chair.

    National stolen property act - different statute, seemed to be dealing only with tangible goods.
    Sam Goody dealt with the fraud prong of the statute, rather than the stolen goods prong.

    Riggs was operation sun devil, the case that set up the steve jackson games case. Here's more:
    http://www.savage.net/public_html/net/phrac k.html
    The following March a Federal grand jury was told that the document that Knight Lightning had printed in Phrack was worth 80 thousand dollars and was extremely dangerous to the public. The grand jury brought a Federal indictment against Knight Lighting. He faced 31 years in prison for the interstate transportation of stolen property, wire-fraud and violations of the computer fraud and abuse act.

    "In July of 90 we went to court...the witnesses took the stand to try and prove that I had not just committed the crimes they were saying i committed, but to prove that the actions I took were crimes in the first place. The defense never had to put on a single witness, by the end of the week, the governments case had completely fallen apart. The now famous 80 thousand dollar E-911 document was proven to be [publicly] available for no more than 13 dollars from Bellcore."

    Because the information was publicly available the case against Knight Lightning was dropped and the trial ended after only 4 days. Knight Lightning however is stuck paying off $100,000 in legal fees, the US government is immune from being sued. "Anything I had ever saved up for college has gone into paying it off."

    If there was anything at all that came out of the E-911 case against Craig it was that there was a large public awakening to the rights of electronic journalism and to government intrusions to suspected hackers. Organisations like the EFF and CPSR were formed to look into people's rights and uphold civil liberties on the internet. Jim Warren started CFP (Computers, Freedom, Privacy) as a direct result of the Operation Sundevil raids and the case against Knight Lightning. Phrack is still being published* and can be obtained via WWW, anonymous ftp or by subscribing. Phrack is still free to individuals but has now been copyrighted. Corporations and security professionals are expected to register their subscriptions.
    ---
    * Phrack had its last issue recently. In 1992, I was having lunch with Craig at CFP 2, listening to Bruce Sterling talk about the hacker crackdown,
    at a table with eric b. and emmanuel goldstein and an irs agent, with phiber optik wandering around and some kid who'd hacked his way in by stealing my credentials, and he told me a bit about his side of the case. I came away from that weekend wanting to be somebody who fought for free speech on the internet. I've failed rather miserably at it so far (majors.blogspot.com), but I gave it a shot.

  2. Re:9 out of 10 people in DC voted for Kerry on DC Could Ban 'Mature' Video Game Sales to Minors · · Score: 1

    1 out of 3 dc residents voted for kerry. 1 out of 30 voted for bush.

  3. Re:Stolen? on Guilty Plea in AOL Engineer's Address Theft Case · · Score: 1

    We are both discussing the realities of a legal action.
    Part of the discussion is about whether the indictment fairly described what happened, or was overcharging in order to coerce a plea.
    At the December 21st hearing, the judge refused to accept a plea, which is unusual. At a second hearing, he pled guilty to conspiracy to spam, and to violating a statute which prohibits transporting stolen or fraudulently obtained goods. The indictment had alleged both that the list was stolen and that it was obtained by fraud,
    so the issue of whether or not the list was stolen was not resolved in this case. Sounds like you are familar with this area -
    has the term "stolen" in the transporting stolen good statute been defined by statute or case law to include unauthorized copying? Cite please?
    It may well have been, but so far I haven't seen anyone in this thread point to such authority, so we're speculating.
    http://assembler.law.cornell.edu/usc ode/html/uscod e18/usc_sec_18_00002314----000-.html
    (statute)

  4. Re:So... on Household Emergent Behavior? · · Score: 1

    It's easier to build a paranoid roomba than to wait for one to evolve. No, not easier, quicker.
    There is software that emulates paranoid mental patients. There is software and hardware so your roomba can talk, or listen. You can upgrade the chip
    and add functionality.
    Roomba hacking resources.
    http://www.boingboing.net/2004/07/14/m ore_roomba_h acking.html
    http://www.roombacommunity.com/forum/ viewforum.php ?f=6&topicdays=0&start=50&sid=4b9bfe3e721838e9d736 3430ab6fed2f
    http://www.boingboing.net/2003/01/17 /hacking_the_v acuumro.html
    http://www.engadget.com/entry/496763 2541028408/
    http://www.pcmag.com/article2/0,1759, 1231080,00.as p

  5. Re:Stolen? on Guilty Plea in AOL Engineer's Address Theft Case · · Score: 1

    Ah, the I may have misunderstood your point.
    When you wrote

    "You can't infringe a trade secret. You can steal a trade secret, you can misappropriate a trade secret, but you can't infringe a trade secret."

    I thought you were making a claim about reality, rather than a claim about the name given to the cause of action.

    The federal criminal statute is labled theft of trade secrets, but in the elements of the offense it is sufficient to allege misappropriation or infringement, and there need be no allegation of theft. Criminal statutes are construed more narrowly than civil causes of action, and the precise meaning of words matters.
    The defendent here wisely accepted a deal.
    I don't know whether there's prior case law interpreting the word "stolen" in this context.
    We agree that the list is property. We disagree about whether, in English, the term 'steal' included 'copy without authorization.'

    I used dictionary.com.

    Now that I ponder the question, I believe a complaint stating infringement of a trade secret would be sufficient to meet notice pleading requirements under federal rules.
    I think you are right that these torts are more often referred to as theft of trade secret.
    The slashdot post-scarcity conceptual distinction between copying crimes and deprivation crimes probably hasn't been fully litigated by the courts, which are still operating more under a scarcity-based world-view.

  6. unconstitutionality of proposal to ban games on DC Could Ban 'Mature' Video Game Sales to Minors · · Score: 1, Informative

    Comrade, we have a new plan to reduce crime!
    How?
    We make everything a crime!

    I am personally uncomfortable with violent video games.I would understand boycotts and sit-ins of places that pander them.
    I am even more uncomfortable with censorship of violent video games.
    So far this is just talk.
    Some politicians had a meeting with some constituents - nothing has passed yet.
    The prime directive prohibits this sort of regulation:
    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
    RTFA - read the first amendment
    A similar ordinance in Indianapolis was found unconstitutional.
    http://www.ca7.uscourts.gov/op3.fwx?yr=00&num=3643 &Submit1=Request+Opinion
    American Amusement v Kendrick
    Posner, Circuit Judge.
    The manufacturers of video games and their trade association seek to enjoin, as a violation of freedom of expression, the enforcement of an Indianapolis ordinance that seeks to limit the access of minors to video games that depict violence. No doubt the City would concede this point if the question were whether to forbid children to read without the presence of an adult the Odyssey, with its graphic descriptions of Odysseus's grinding out the eye of Polyphemus with a heated, sharpened stake, killing the suitors, and hanging the treacherous maidservants; or The Divine Comedy with its graphic descriptions of the tortures of the damned; or War and Peace with its graphic descriptions of execution by firing squad, death in childbirth, and death from war wounds. Or if the question were whether to ban the stories of Edgar Allen Poe, or the famous horror movies made from the classic novels of Mary Wollstonecraft Shelley (Frankenstein) and Bram Stoker (Dracula). Violence has always been and remains a central interest of humankind and a recurrent, even obsessive theme of culture both high and low.

    On the other hand, Posner upheld a law banning anonymous political speech such as "vote for smith."
    http://www.ca7.uscourts.gov/op3.fwx?submit1=showop &caseno=02-2204A.PDF

  7. Re:Stolen? on Guilty Plea in AOL Engineer's Address Theft Case · · Score: 0

    Why not? You've made an unfounded assertion. "misappropriate" is a good label for what happened. 'steal' doesn't fit because the element of deprivation is missing. 3 entries found for infringe. infringe Audio pronunciation of "infringe" ( P ) Pronunciation Key (n-frnj) v. infringed, infringing, infringes v. tr. 1. To transgress or exceed the limits of; violate: infringe a contract; infringe a patent. 2. Obsolete. To defeat; invalidate. v. intr. To encroach on someone or something; engage in trespassing: an increased workload that infringed on his personal life.

  8. Info on heartland institute on Is Anti-Municipal Broadband Report Astroturf? · · Score: 0

    About 15 years ago when I was doing more policy wonking than now, I got to know Heartland, went to some of its meetings, met directors and advisors and staff.
    They are a think tank, basicly chicago-school economist types. They are aware that government spends a lot of tax money lobbying itself to get bigger and more instrusive, in ways that are bad for the economy.
    For example, they have done policy studies showing that governments should not compete in the video rental business, and should not use tax dollars to build football stadia.
    They cheerfully accept money from anyone but government, and try to target the people who have the most to lose from government horning in on industry. They do not write policy studies to please their donors, but will seek donors who are pleased by their policy studies. Their position on municipal wireless networks is wholely consistent with their overall preference for markets and the private sector.
    Personally, I might not be opposed to government -issue wireless networks, if that creates efficiencies in things government insists on doing, like schools, and they aren't trying to monopolize the process.
    But I certainly see where heartland is coming from on this. This is not astroturf, or industry hired guns. These are serious economists trying to inject a note of sanity into public policy.

  9. Re:Theft on Is Anti-Municipal Broadband Report Astroturf? · · Score: 0

    "Is your neighborhood under the constant threat of attack from roving mobs? Do you think, perhaps, the police department may have something to do with that? Do people drive whatever speed they want while throwing litter out of their windows on your street?"
    I was reading www.drudgereport.com this morning about police attacking a group of students, when I realized it was about a high school 3 miles down the road from me.
    On my street, the cops drive whatever speed they want while throwing litter out of their windows.

  10. Re:What scares me... on Spam Costs U.S. Companies $22B Annually · · Score: 1

    And yet, I haven't noticed any isp making it a condition of TOS to not buy from spammers. Wouldn't make a big dent, but wouldn't hurt.

  11. Copied, not stole on Guilty Plea in AOL Engineer's Address Theft Case · · Score: 0

    As far as I can tell, aol still had the account names. When my car got stolen, what I objected to was that I no longer had my car, not that someone else had a car a lot like mine. Aiding spammers may be wrong, but let's keep the categories straight.

  12. Re:ST needs a hiatus on UPN Officially Cancels 'Star Trek: Enterprise' · · Score: 1

    Ebert has a saying, would this be a better movie if they'd hired the same cast to sit around a table playing poker and talking? It turns out that Wil "clever nick name" Wheaton has a poker book he wants to promote. (vaporware atthemoment, like his second slashot interview.) Wil and a cohost like Brent Spiner or Anthony Montgomery with a rotating cast about about 5, possibly playing for charity. No copyright hassles, low production costs (frakes' basement) and some cable network would snap it up. If someone out there speaks hollywood and would be willing to formalize this into a pitch, have your people talk to my people.

  13. Re:ST needs a hiatus on UPN Officially Cancels 'Star Trek: Enterprise' · · Score: 1

    www.starship2.com featuring john astin and the rest of the rock and roll starship crew.

  14. Re:I, for one... on First Artificial Aurora May Lead to Night Sky Ads · · Score: 1

    Kanter and Seigel.

  15. Re:pimp my spaceship: car wars, a new beginning on Solar Super-Sail Could Reach Mars in a Month · · Score: 1

    http://www.sjgames.com/carwars/cardgame/ So, nifty new idea has been subjected to open source peer review and consensus has been formed as to .. what exactly? Not a hoax, but not very useful? A slight improvement over other lightsail models? A new task for nasa? Will it do the kessel run in 3 parsecs? Some things I'm not clear about - this version uses microwaves instead of lasers. Is that a significant advantage? How much does the atmosphere interfere with microwave transmission? What kind of distance can you have and still focus the beam on a target? What's it cost to run a 60 MW microwave for an hour, at nights and weekend rates? One Meelion dollars? Apparently there's a stopping problem for the earth to mars run. Has that been fixed yet? I see several aspects of that - if there is a speed at which it is too fast once it gets to mars, don't run it that fast. The stopping problem is easily solved if you use this thing for the Mars to Earth trip. Also, stopping is less of a problem at Jupiter than Mars.

  16. Re:Project: Retirement on Google Rewards Employees With Millions · · Score: 1

    Assume for a moment employee makes twice minimum wage and saves half, so the full $515K is available for retirement planning. Or spouse works and they live on one income and save the other. Assume they invest at 6% over inflation rate (mutual funds corporate bonds.) So 10k x (1.06) to the 50th power(over 2?)x 50 - comes out to more than $515K. of course the chances of encountering hyperinflation over a 50 year period are not zero.

  17. Re:pass the "Seinfeld" test on Grand Challenges For The Next 20 Years · · Score: 1

    Take my Warf. Please!

  18. Re:Well, now what? on Spammers Sue Spamee · · Score: 1

    Sure! Info war. Collect information about them and post it here. landlord's name. license plate numbers. anything that might ..ah.. help us understand them better.. so we can pray for them... or something. knowledge is power.

  19. Re:why is ICanSpam a defense? on Spammers Sue Spamee · · Score: 1

    Plaintiff: "Bosen and Springer, PLLC. One New Hamsphire Ave. Suite 215 Portsmouth, NH 03801 A three-man operation." Correct. But you also get! phone: 603.427.5500 fax: 603.427.5510 John Bosen admitted in NH and MA Jon Springer admitted in NH Christopher Mulligan admitted in NH and ME But wait you also get: How to File a Misconduct Complaint With the ATTORNEY DISCIPLINE OFFICE * The complaint, called a grievance, must be in writing. * The conduct must have occurred within the past two years. * The grievance must be filed by someone with standing. This means the person complaining must be directly affected by the conduct or present when the conduct occurs. * The grievance must include concise facts that, if true, would establish a violation of the NH Supreme Court Rules of Professional Conduct. * Each grievance must be sworn to in front of a notary public or justice of the peace. The language of the oath shall be: "I hereby swear or affirm under the pains and penalties of perjury that the information contained in this grievance is true to the best of my knowledge." Grievances against lawyers must be addressed to: NH Supreme Court Attorney Discipline Office 4 Park Street, Suite 304 Concord, NH 03301 * I do not recommend ever filing an attorney disciplinary complaint without a solid understanding of the rules and the facts, and without a genuine good faith belief a rule has been violated. This info is a starting place only, pointing out one available option *

  20. Re:Did you actually read the complaint?! no. on Spammers Sue Spamee · · Score: 1

    1. Of, involving, or having the nature of crime: criminal abuse. 2. Relating to the administration of penal law. 3. 1. Guilty of crime. 2. Characteristic of a criminal. 4. Shameful; disgraceful: a criminal waste of talent. n. One that has committed or been legally convicted of a crime

  21. Re:Arbitration amended, canned spammers on New Attacks on Spam · · Score: 1

    1. Buy an island. tonga, for example, is a poor pacific country with 7000 islands, they can probably make you a deal. 2. Elect island council. Pass ordinance making spam punishable by death via organ harvesting. 3. Revise arbitration terms such that spammer agrees to jurisdiction on island, agrees to appear voluntarily or to be billed for costs of bounty-hunters and plane ticket. 4. Recruit bounty hunters from slashdot, publish updated lists of spammers. 5. Arrest spammers at arbitration hearings, sentence to death, harvest organs, can what's left, sell canned spammer over internet. 6. Profit!

  22. Re:Great word... on AMD Plants Turion Line of Mobile Chips · · Score: 1

    Durision. Trademark pending. See also "Turion Machine" "This turion's for you" "There's a turion born every minute."

  23. Re:Got a reply from R0ML on Skunkworks At Apple -- The Graphing Calculator Story · · Score: 1

    The cited text says "employees" cannot volunteer. These guys, at the time in question, were not employees. Consideration for a contract need not be monetary. First ever slashdot post. - arbitrary aardvark.