You don't need to get the officer's permission to record them during a traffic stop because:
1) You are collecting evidence for your defense, and interfering with evidence collection by anybody, even law enforcement, is obstruction of justice, 2) You are in a public space, where there is no expectation of privacy, 3) You cannot leave the officer, and leaving the area would place you in violation of laws regarding obstruction of justice and evading arrest. 4) You were smart enough to put up a window sticker stating that all communications with the driver of the vehicle are under audio/visual recording.
This case will be dismissed, on the grounds that the officer was not the receiving party of the phone call - the answering machine was. Wiretapping laws apply to interfering or intercepting communications between a calling party and a receiving party. The officer was not the receiving party of the phone call - he was background noise - and therefore whatever he said could legally be overheard by anybody. The law provides no disclaimers or exemptions that restrict oral conversations, especially in public.
For example: You are walking down the street. Two people in front of you are discussing a bank robbery. You overhear them. Later, they commit the robbery, and are caught. You go to the police, and are able to positively identify the suspects, and provide Law Enforcement with details about what you heard the suspects discussing. Does this mean your testimony is inadmissible? Absolutely not. Suppose you were calling a friend, and were leaving a message on their machine where the suspects can be heard discussing the robbery. Is this evidence inadmissible? No. Did you commit wiretapping? No - the other discussion was background noise.
If you can be photographed or videotaped in public without your consent because there is no expectation of privacy, then the same goes for other mediums such as audio.
If he gets a remotely competent lawyer, this is slam dunk in his favor.
If you get stopped, simply:
1) Immediately when the officer gets to the window, ask him if you can record him for evidence purposes. You are required to have proof of consent, so you CAN record this part. 2) If he says "No", politely acknowledge his statement, state that you have his decline of consent on tape, visibly turn off the recorder, and then silently stare straight ahead. 3)If they give you a ticket, you can sign it if you want and bring it up in court later. However, if you are gutsy enough to refuse, you can use the fact that the officer refused to allow you to collect evidence for your defense, and try to use that as justification, but I DO NOT recommend it because you WILL BE arrested. 4) If you want to confuse the hell out of them, ask to speak with an attorney before you speak to the officer. If they say "No", state that you are being placed in unlawful legal jeopardy by being forced to communicate with the officer while being denied counsel. If he says that you can call one to visit you, call one, and tell them that your counsel will arrive at your location in 9 hours.
What I don't understand is why users are posting comments that say running a plug server, for either personal or business use, will put you in violation of your ISP's contract. First of all, IT WON'T.
The contract that ISPs have with everybody are unenforceable when it comes to plug servers. You are using your infrastructure, and their contracts do not apply to your electrical wiring. Period. The ISP contract takes over at the connection between the cable box and the modem. Your house wiring effectively becomes your own private network, and the contract is not enforceable upon your private network.
This could become even more detrimental to the ISPs when people start using plug servers to communicate between private networks using electrical infrastructure, as you will not be using the ISP's network or infrastructure.
Any contracts involving infrastructure that you own (i.e. electrical wiring), or is not owned and/or operated by the ISP is not enforceable under any contract that you may have with the ISP, as it will not be using any of their services or systems.
Basically, this is a potential headache for ISPs, since they have absolutely no legal way of regulating it, or enforcing contracts on it.
I smell a lawsuit brewing, and when I saw 'lawsuit', I mean a Battle Royale that will make the SCO vs. IBM/Novell/Red Hat/AutoZone/DaimlerChrysler and Microsoft Antitrust Lawsuits look like minor trash talk during a game of Chutes And Ladders.
With the justification that Microsoft is using, they are effectively charging head first into battle with a rubber chicken.
Additionally, this could cause trouble for Microsoft, as the software that gathers their data for them could technically be labeled as spyware. Given the fact that Bing is pretty new in the search engine arena, this could significantly stunt its growth, or kill it altogether.
This is an extremely bad admission for Microsoft.
If a student were to use Microsoft's argument to dodge failing a test when they were caught copying answers from another student, the professor would probably laugh them out of school. I think that it is pretty fair to say that a judge would do the same thing.
All told, this is definitely unlawful on three fronts:
1. Infringement of copyright, 2. Unlawful interception of electronic information,
The second claim is kind of flimsy, and hinges on the EULA if there is one, but this could hurt if there is nothing authorizing data collection.
Hey Phoghat! Are you too stupid to know the difference between "Dr. Who's Sonic Screwdriver Exists" and "Dr. Who's Sonic Screwdriver Could Be Created"?!
Does anybody else see the parallels between Apple's litigation and World War II? You have Apple (Axis Powers) filing lawsuits (declaring war) against Motorola, Nokia, and HTC (Allied Powers). Honestly, with the business practices Apple has, such as no outside apps (propaganda) without Apple authorization, no tethering (isolation from other countries), carrier lock-ins (you have the limited choices only Apple says you can have), and proprietary software (you live in Apple Land, and cannot leave), they bear a strong resemblance to Nazi Germany. If Der Fuhrer Steve Jobs remembers his history, then he should know he is about to have his ass handed to him and will surrender before it's too late.
Yeah, because Government Health Care is really going to make us fell better about sky-high unemployment, jobs moving overseas, a worthless dollar, and a TSA that does more groping than a drunken cheerleader on prom night. Speaking of Government Health Care, you must not have ever had to deal with the last Federal 'project': Government Cheese. Fool me once, shame on you. Fool me twice, shame on me.
Hey, Lucas123! Just how much of a flaming dumbass are you?! Are you too stupid to know the difference between "developing a 2TB flash card" and "developing a 2TB flash card specification"? Jesus Christ! Someone ban this idiot from posting ever again. If you can't tell the difference, you shouldn't be reading SlashDot in the first place.....
Mr. Assange learned very hard lesson in publicity: No matter how benevolent you or others think your actions may be, the moment you do something incredibly stupid (like commit a sex crime), your world will effectively implode. In this case, his world imploded to dimensions of about 6x8 feet. Undoubtedly, there will be some hard-core conspiracy theorists who will say this is the work of the U.S. Government, and that is a very satisfying belief, but it doesn't take into account the following facts: 1) The claimant is not an American, and does not have any interest in silencing Assange (aside from the crimes he is accused of), 2) The investigation was conducted by the neutral Swedish government, 3) The evidence collected in the criminal investigation of the victim's claims has nothing to do with Assange's release of classified documents. Regardless of the evidence collected, Assange and his supporters will claim that he did not get a fair trial if convicted. However, evidence does not change when the verdict is issued, and for there to be enough compelling evidence for an arrest warrant to be issued, there has to be a substantial amount. Julian Assange has demonstrated the type of personality that is Self-Righteous and accepts benevolence based on what *he* thinks is right. Someone ought to give Mr. Assange a dose of his own medicine: LEAK ALL OF HIS PERSONAL INFORMATION!
Someone ought to throw the idiots who allow this crap to get posted under a bus. I'm getting sick of reading "breakthrough" and "discovery" articles about stuff that was, and still is, already known 40+ years before SlashDot was around. We knew this back in grammar school, while some high-paid, University egg-head rehashes old research and claims some kind of discovery!
1. Missile Command.
2. Asteroid.
3. Duck Hunt.
4. Space Invaders.
5. Redneck Rampage.
For the record, *REAL* gamers can beat games with only a button and a joystick, and not a gazillion-button controller.
"Just last year, nearly 5,500 people were killed and 500,000 more were injured in distracted driving-related crashes."
Funny, he doesn't say how many were cellphone related.
I wonder if he's given any thought to how many accidents will be caused by drivers trying to pull over to take a call before the call goes to voice mail.
Would somebody please explain to me why I should care about Chinese Ad Resellers losing their jobs? With so many unemployed in the United States, isn't this a good thing?
What you call 'Blood Sausage', we call a 'scab'.
What you call 'Black Pudding', we call a 'blood clot'.
Honestly, a Brit making fun of American, or any other nation's cuisine is pure hypocrisy. British cuisine, with the exception of Beef Wellington, is closer to Middle Ages Survival Eating than anything else.
As for American chefs, there are:
1) Julia Child
2) Paul Prudhomme
3) Jeff Smith
4) Martin Yan..... do you want me to keep going?
Instead of bowing down to a King and Queen, we decided to grow testicles instead.
"As for attractiveness of women - which country has the worst obesity problem?" - Fat tits are better than crooked teeth.
Oh, and BTW, why do you call us Red Necks, when your 'royal' 'family' is more inbred than we could ever be?
Slashdot Mirror
The Unique Device Identifier *IS* tied to your name. They are tracking your phone which is directly tied to you.
Phone > Unique Device Identifier > Provider > Your Account > You.
"I suspect that since most people have their schedules on their phones, it would make it very hard to schedule any proceedings if phones were banned."
With all the money that attorneys make, I'm sure they can afford a pen-and-paper DayRunner.
You don't need to get the officer's permission to record them during a traffic stop because:
1) You are collecting evidence for your defense, and interfering with evidence collection by anybody, even law enforcement, is obstruction of justice,
2) You are in a public space, where there is no expectation of privacy,
3) You cannot leave the officer, and leaving the area would place you in violation of laws regarding obstruction of justice and evading arrest.
4) You were smart enough to put up a window sticker stating that all communications with the driver of the vehicle are under audio/visual recording.
This case will be dismissed, on the grounds that the officer was not the receiving party of the phone call - the answering machine was. Wiretapping laws apply to interfering or intercepting communications between a calling party and a receiving party. The officer was not the receiving party of the phone call - he was background noise - and therefore whatever he said could legally be overheard by anybody. The law provides no disclaimers or exemptions that restrict oral conversations, especially in public.
For example: You are walking down the street. Two people in front of you are discussing a bank robbery. You overhear them. Later, they commit the robbery, and are caught. You go to the police, and are able to positively identify the suspects, and provide Law Enforcement with details about what you heard the suspects discussing. Does this mean your testimony is inadmissible? Absolutely not. Suppose you were calling a friend, and were leaving a message on their machine where the suspects can be heard discussing the robbery. Is this evidence inadmissible? No. Did you commit wiretapping? No - the other discussion was background noise.
If you can be photographed or videotaped in public without your consent because there is no expectation of privacy, then the same goes for other mediums such as audio.
If he gets a remotely competent lawyer, this is slam dunk in his favor.
If you get stopped, simply:
1) Immediately when the officer gets to the window, ask him if you can record him for evidence purposes. You are required to have proof of consent, so you CAN record this part.
2) If he says "No", politely acknowledge his statement, state that you have his decline of consent on tape, visibly turn off the recorder, and then silently stare straight ahead.
3)If they give you a ticket, you can sign it if you want and bring it up in court later. However, if you are gutsy enough to refuse, you can use the fact that the officer refused to allow you to collect evidence for your defense, and try to use that as justification, but I DO NOT recommend it because you WILL BE arrested.
4) If you want to confuse the hell out of them, ask to speak with an attorney before you speak to the officer. If they say "No", state that you are being placed in unlawful legal jeopardy by being forced to communicate with the officer while being denied counsel. If he says that you can call one to visit you, call one, and tell them that your counsel will arrive at your location in 9 hours.
"PayPal shows itself to be morally bankrupt."
You mean, like knowingly stealing a bunch of classified documents and handing them over to a sociopathic, ego-centric narcissist?
Call the Marines.
What I don't understand is why users are posting comments that say running a plug server, for either personal or business use, will put you in violation of your ISP's contract. First of all, IT WON'T. The contract that ISPs have with everybody are unenforceable when it comes to plug servers. You are using your infrastructure, and their contracts do not apply to your electrical wiring. Period. The ISP contract takes over at the connection between the cable box and the modem. Your house wiring effectively becomes your own private network, and the contract is not enforceable upon your private network. This could become even more detrimental to the ISPs when people start using plug servers to communicate between private networks using electrical infrastructure, as you will not be using the ISP's network or infrastructure. Any contracts involving infrastructure that you own (i.e. electrical wiring), or is not owned and/or operated by the ISP is not enforceable under any contract that you may have with the ISP, as it will not be using any of their services or systems. Basically, this is a potential headache for ISPs, since they have absolutely no legal way of regulating it, or enforcing contracts on it.
I smell a lawsuit brewing, and when I saw 'lawsuit', I mean a Battle Royale that will make the SCO vs. IBM/Novell/Red Hat/AutoZone/DaimlerChrysler and Microsoft Antitrust Lawsuits look like minor trash talk during a game of Chutes And Ladders.
With the justification that Microsoft is using, they are effectively charging head first into battle with a rubber chicken.
Additionally, this could cause trouble for Microsoft, as the software that gathers their data for them could technically be labeled as spyware. Given the fact that Bing is pretty new in the search engine arena, this could significantly stunt its growth, or kill it altogether.
This is an extremely bad admission for Microsoft.
If a student were to use Microsoft's argument to dodge failing a test when they were caught copying answers from another student, the professor would probably laugh them out of school. I think that it is pretty fair to say that a judge would do the same thing.
All told, this is definitely unlawful on three fronts:
1. Infringement of copyright,
2. Unlawful interception of electronic information,
The second claim is kind of flimsy, and hinges on the EULA if there is one, but this could hurt if there is nothing authorizing data collection.
Hey Phoghat! Are you too stupid to know the difference between "Dr. Who's Sonic Screwdriver Exists" and "Dr. Who's Sonic Screwdriver Could Be Created"?!
Does anybody else see the parallels between Apple's litigation and World War II? You have Apple (Axis Powers) filing lawsuits (declaring war) against Motorola, Nokia, and HTC (Allied Powers). Honestly, with the business practices Apple has, such as no outside apps (propaganda) without Apple authorization, no tethering (isolation from other countries), carrier lock-ins (you have the limited choices only Apple says you can have), and proprietary software (you live in Apple Land, and cannot leave), they bear a strong resemblance to Nazi Germany. If Der Fuhrer Steve Jobs remembers his history, then he should know he is about to have his ass handed to him and will surrender before it's too late.
Hear! Hear! "Don't blame me! I voted for Kodos!"
Yeah, because Government Health Care is really going to make us fell better about sky-high unemployment, jobs moving overseas, a worthless dollar, and a TSA that does more groping than a drunken cheerleader on prom night. Speaking of Government Health Care, you must not have ever had to deal with the last Federal 'project': Government Cheese. Fool me once, shame on you. Fool me twice, shame on me.
Is "Routing Hell" better than "Redirect Hell"? If it is, I'd like to leave the latter ASAP!
Hey, Lucas123! Just how much of a flaming dumbass are you?! Are you too stupid to know the difference between "developing a 2TB flash card" and "developing a 2TB flash card specification"? Jesus Christ! Someone ban this idiot from posting ever again. If you can't tell the difference, you shouldn't be reading SlashDot in the first place.....
Mr. Assange learned very hard lesson in publicity: No matter how benevolent you or others think your actions may be, the moment you do something incredibly stupid (like commit a sex crime), your world will effectively implode. In this case, his world imploded to dimensions of about 6x8 feet. Undoubtedly, there will be some hard-core conspiracy theorists who will say this is the work of the U.S. Government, and that is a very satisfying belief, but it doesn't take into account the following facts: 1) The claimant is not an American, and does not have any interest in silencing Assange (aside from the crimes he is accused of), 2) The investigation was conducted by the neutral Swedish government, 3) The evidence collected in the criminal investigation of the victim's claims has nothing to do with Assange's release of classified documents. Regardless of the evidence collected, Assange and his supporters will claim that he did not get a fair trial if convicted. However, evidence does not change when the verdict is issued, and for there to be enough compelling evidence for an arrest warrant to be issued, there has to be a substantial amount. Julian Assange has demonstrated the type of personality that is Self-Righteous and accepts benevolence based on what *he* thinks is right. Someone ought to give Mr. Assange a dose of his own medicine: LEAK ALL OF HIS PERSONAL INFORMATION!
"I see London, I see France. I see Uncle Sam in his underpants!" - And yes, I *AM* retaining full copyrights on that! 11/30/2010
Someone ought to throw the idiots who allow this crap to get posted under a bus. I'm getting sick of reading "breakthrough" and "discovery" articles about stuff that was, and still is, already known 40+ years before SlashDot was around. We knew this back in grammar school, while some high-paid, University egg-head rehashes old research and claims some kind of discovery!
1. Missile Command. 2. Asteroid. 3. Duck Hunt. 4. Space Invaders. 5. Redneck Rampage. For the record, *REAL* gamers can beat games with only a button and a joystick, and not a gazillion-button controller.
"Just last year, nearly 5,500 people were killed and 500,000 more were injured in distracted driving-related crashes." Funny, he doesn't say how many were cellphone related. I wonder if he's given any thought to how many accidents will be caused by drivers trying to pull over to take a call before the call goes to voice mail.
Would somebody please explain to me why I should care about Chinese Ad Resellers losing their jobs? With so many unemployed in the United States, isn't this a good thing?
What you call 'Blood Sausage', we call a 'scab'. What you call 'Black Pudding', we call a 'blood clot'. Honestly, a Brit making fun of American, or any other nation's cuisine is pure hypocrisy. British cuisine, with the exception of Beef Wellington, is closer to Middle Ages Survival Eating than anything else. As for American chefs, there are: 1) Julia Child 2) Paul Prudhomme 3) Jeff Smith 4) Martin Yan ..... do you want me to keep going?
Instead of bowing down to a King and Queen, we decided to grow testicles instead. "As for attractiveness of women - which country has the worst obesity problem?" - Fat tits are better than crooked teeth. Oh, and BTW, why do you call us Red Necks, when your 'royal' 'family' is more inbred than we could ever be?
What you guys call Guinness is what we call "Cold, stale coffee mixed with seltzer water".
First Post! Wait a minute..... I think something is wrong.....
First post! Such a buzz kill to be on such a lame topic.....
According to Professor Hubert G. Farnsworth, the neutrino tastes like GrapeAid. The next question to answer is..... WILL IT BLEND??