Tuesday, October 11, 2011


Today's theme seems to be “We're the government. We don't need to worry about laws, regulations or that Consti-whosit thing!”


There is no “government of the people” – people don't have the same rights as governments. (King George is laughing)
Anonymous Speech, Subpoenas and Internet User Identities, and Government Investigations
October 11, 2011 by Dissent
Eugene Volokh writes:
Over the last several years, various courts have held — in cases such as Dendrite Int’l, Inc. v. Doe No. 3 and Doe v. Cahill — that the First Amendment provides substantial, though limited, protection against subpoenas aimed at unmasking anonymous commenters; for more details on that protection, see this EFF analysis. But last week, Doe v. United States (N.D. Cal. Oct. 4, 2011) held that such rules generally do not apply to government investigations, here by the SEC, as opposed to investigations by private litigants. I just thought this was worth noting for readers who follow such matters.

(Related) Even California is getting all “Big Brother” on us, dude.
California Governor Vetoes Bill Requiring Warrant to Search Mobile Phones
October 10, 2011 by Dissent
David Kravets reports:
California Gov. Jerry Brown is vetoing legislation requiring police to obtain a court warrant to search the mobile phones of suspects at the time of any arrest.
The Sunday veto, announced Monday, means that when police arrest anybody in the Golden State, they may search that person’s mobile phone — which in the digital age likely means the contents of persons’ e-mail, call records, text messages, photos, banking activity, cloud-storage services, and even where the phone has traveled.
Read more on Threat Level.
I’m not only disappointed, but surprised by this veto. The legislature came up with a law that protected citizens’ rights and made law enforcement’s obligations clear. Rather than having courts decide cases, it makes more sense for the legislature to enact laws that make their intentions and expectations clear.


“We don't want to tell you what we're doing because then you'll whine and complain.” Ignorance of the law is no excuse, but is ignorance of a secret (don't tell the citizens) interpretation of a law an excuse?
FOIA and the Question of Secret Law
October 10, 2011 by Dissent
Robert Chesney writes:
Charlie Savage of the New York Times has filed this FOIA suit in an effort to acquire a classified report issued by DOJ and ODNI to Congress “pertaining to intelligence collection authorities” under section 215 of the USA PATRIOT Act (permitting the government to obtain from the FISC an order for the production of “any tangible things” upon a showing of “reasonable grounds” in relation to an international terrorism or counterintelligence investigation).
Read more on Lawfare.
I hope the court does order disclosure. Our government should not be permitted to have secret analyses of how they are interpreting a law that is used to surveill citizens. This is truly a matter of public interest and urgent concern.


Not only are there threats to Privacy, but now Public is also in danger, from unpublished “policies” and unique (secret?) interpretation of laws.
"A man was questioned by security guards and then police after taking a photo of his own child in a UK shopping center. The center apparently has a 'no photography' policy 'to protect the privacy of staff and shoppers and to have a legitimate opportunity to challenge suspicious behavior.' He was told by a security guard that taking a photo was illegal. He also said that a police officer claimed, 'he was within in his rights to confiscate the mobile phone on which the photos were taken.'"

(Related) Even if you aren't arrested for taking a photo, what makes you think you have any ownership rights? Here are a few “Terms of Service” that show how wrong headed that is.
4 More Ways You’ve Sold Your Soul To The Internet
You may remember my article from a while back, 3 Ways You’ve Sold Your Soul to the Internet. As it turns out, there seems to be a variety of ways that one can make it happen, and as a matter of fact, I’ve found four more ways that you can do so!


For my Ethical Hackers: Develop a hack for a similar service for non-Apple phones.
iMessage Coming This Week: A Wake-Up Call for Wireless Carriers
Wireless carriers in the U.S., who are earning as much as 20 cents for sending and another 20 cents for receiving a text message, are worried that this profitable source of revenue will no longer be available to them, once Apple's new instant messaging application, iMessage, is released on Wednesday.
With iMessage in place, any user of an iPhone, iPad or even iPod touch can send an unlimited number of messages from their iOS 5 device to any other iOS 5 device, for free.
… According to a Topnews report, Craig Moffett, an analyst at Sanford C. Bernstein, estimated that the wireless industry pockets more than $20 billion in revenue from text messaging.


Interesting speculation or keen observation? Or perhaps a conspiracy by IP lawyers?
"Sam Ramji thinks the days where Microsoft's, (and Apple's, and Oracle's) love-hate relationship with open source are numbered, thanks to the cloud. Whereas some open source advocates say the cloud may kill open source, because users won't have access to the source, Ramji says the cloud will be its salvation. Ramji, Microsoft's original internal open source dude, thinks companies building clouds won't be able to keep up if they don't participate in open source communities because that's where the developers building new cloud infrastructure are doing most of their work. The main concerns standing in the way for both cloud builders and users of free software are legal fears, he contends. These include fears of the GPL's copyleft provision and fears of being sued by downstream users. Is he right ... or full of FUD?"


Make your old clunky desktop PC work just like that spiffy new smartphone! NOTE: It's only in Alpha so far!
BlueStacks Releases App Player And Cloud Connect Service To Let You Run Android Apps On Your PC
Back in May, BlueStacks raised $7.5 million in series A financing from Andreessen Horowitz, Ignition Ventures, Radar Partners, Redpoint Ventures, and more. This was all pre-launch. Why that kind of money for a startup that hasn’t launched a product yet? Because approximately 630 million new Windows PCs will be shipped by the end of this year, and because BlueStacks has designed downloadable software that will enable Android apps to run on (hopefully) all of them.
And today, to put that money where its mouth is, BlueStacks is announcing the release of the first products that will be a part of its ongoing quest to do just that. For starters, the company is making available the alpha version of its app player for Windows that is basically a free software download that will give users one-click access to Android apps on any Windows PC, tablet, or laptop. (And the ability to view these apps in full-screen.)
[So, you're gonna need:

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