Justice Dept. Defends Public’s Constitutional ‘Right to Record’ Cops

Found on Wired on Thursday, 17 May 2012
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In a surprising letter sent on Monday to attorneys for the Baltimore Police Department, the Justice Department also strongly asserted that officers who seize and destroy such recordings without a warrant or without due process are in strict violation of the individual’s Fourth and Fourteenth Amendment rights.

Police officers should not interfere with a recording and should never seize recording devices without a warrant. They should also be advised “not to threaten, intimidate, or otherwise discourage an individual from recording police officer enforcement activities or intentionally block or obstruct cameras or recording devices.”

Finally someone steps up to teach the police how to behave. If officers would know the laws and understand it, all this would not be needed.

Oracle v Google Judge Is A Programmer!

Found on I Programmer on Wednesday, 16 May 2012
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One month into the Oracle v Google trial, Judge William Alsup has revealed that he has, and still does, write code.

"I have done, and still do, a significant amount of programming in other languages. I've written blocks of code like rangeCheck a hundred times before. I could do it, you could do it. The idea that someone would copy that when they could do it themselves just as fast, it was an accident."

"Judge: rangeCheck! All it does is make sure the numbers you're inputting are within a range, and gives them some sort of exceptional treatment. That witness, when he said a high school student could do it--"

A judge who actually knows and understands the background of this source-code case? That sure will get interesting. For Oracle.

Dotcom trial may not occur - Judge

Found on New Zealand Herald on Saturday, 21 April 2012
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United States district court judge Liam O'Grady said he didn't know if "we are ever going to have a trial in this matter" after being told Dotcom's file-sharing company had never been formally served with criminal papers by the US.

Dotcom's US-based lawyer, Ira Rothken, said it was the defence's understanding that it was not legally possible for Megaupload to be served with papers accusing it of criminal acts.

"My understanding as to why they haven't done that is because they can't. We don't believe Megaupload can be served in a criminal matter because it is not located within the jurisdiction of the United States."

Think of Dotcom and Megaupload whatever you want, but this is turning into the biggest failure ever. Especially since obviously a few of those who were in charge did not realize that New Zealand isn't US territory.

Pirates go to battle

Found on Piratenpartij.nl Blog on Monday, 16 April 2012
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After the legal harassment continued even on Saturday night, when BREIN sent an email at 20:15 demanding extra measures under threat of draconian penalties, the Pirates are anxious to finally get their day in court. The penalties imposed by the court are 4 times higher than those ordered upon the large commercial ISPs XS4ALL and Ziggo, demonstrating that the ideas of a (yet) small political party are deemed more dangerous than for-profit companies.

“It is time that the industry attack dogs understand that you can’t trample on people’s freedoms for your own monetary gain,” Pirate Party board member blauwbaard says.

BREIN seems to be fully aware that their actions are questionable; after all they avoided to go to court over this and now get dragged there by the Pirates. That will sure get interesting.

US Govt. Objects To Megaupload Hiring Top Law Firm

Found on TorrentFreak on Saturday, 14 April 2012
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The US government has filed papers objecting to Schapiro’s law firm working on Megaupload’s defense, citing conflicts of interest involving Google, YouTube, Disney, Fox and other movie, TV show and software companies.

The government’s complaints pose a real problem for Megaupload. Will it ever be possible for Kim Dotcom and his co-defendants to recruit a high-quality copyright specialist law firm that hasn’t ever represented any of the potential witnesses in the case? It seems unlikely.

“[I]f the Government is to have its way in this case, the only lawyers before the Court will be those representing the Government. If the Government is to have its way, the only evidence available to the Court would be that cherry-picked by the Government, for the Government, from the universe of relevant servers slated to be wiped. If the Government is to have its way, in sum, Megaupload will never get its day in Court and the case will effectively be over before it has even begun.”

Sounds like the government (and the RIAA/MPAA who put a lot of money into it to make the raid happen) tries its best of make sure that Megaupload cannot have a fair trial. It's getting more and more obvious that Dotcom was a gift from the goverment to the entertainment industry, and now the card house is starting to fall apart, forcing those in charge to use shady tactics to enforce their will.

If your account is subpoenaed, Facebook sends police, well, everything

Found on CNet News on Sunday, 08 April 2012
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In this instance, the company offered up wall posts, a list of friends (complete with Facebook IDs), detailed data of logins and IP addresses, as well as all the photos Markoff posted or was tagged in.

However, it's not like normal human spontaneity, which can dissipate and become a memory. It's recorded.

More and more people realize that giving up every bit of privacy is going to bite them later. Remember the stupid things you did when you were young: you're happy that nobody talks about it anymore. Today however this information is just a query away, in the databases of Facebook.

Megaupload: Erasing our servers as the US wants would deny us a fair trial

Found on Ars Technica on Friday, 06 April 2012
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Carpathia recently complained that maintaining the servers was costing thousands of dollars per day. The hosting company asked to either be compensated for the expenses of running the servers or be given permission to re-provision them for use by other customers.

Megaupload argues that the government may have "cherry picked" the data that will cast Megaupload in the most negative possible light. The company argues that allowing the rest of the data to be destroyed will make it impossible for Megaupload to unearth evidence that could cast the company in a more favorable light.

Either the government pays and keeps the servers available, or it lets Megaupload buy them. Until now, Megaupload is still officially innocent and there is no legal basis for destroying its property. The entertainment industry just wants to make 100% sure that Megaupload stays dead: either win in court or destroy its business in case they don't win, leaving Megaupload with not a single byte of data and unable to resume operation. Not to mention that it would be destruction of evidence, which is pretty much illegal too.

CIA Committed ‘War Crimes,’ Bush Official Says

Found on Wired on Wednesday, 04 April 2012
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Newly obtained documents reveal that State Department counselor Philip Zelikow told the Bush team in 2006 that using the controversial interrogation techniques were “prohibited” under U.S. law — “even if there is a compelling state interest asserted to justify them.”

Those techniques included contorting a detainee’s body in painful positions, slamming a detainee’s head against a wall, restricting a detainee’s caloric intake, and waterboarding.

“We are unaware of any precedent in World War II, the Korean War, the Vietnam War, or any subsequent conflict for authorized, systematic interrogation practices similar to those in question here,” Zelikow wrote, “even where the prisoners were presumed to be unlawful combatants.

Everybody knew. It's one of those public secrets which no officials will ever admit; and worse, none of those interrogators will go to jail for it.

MPAA to court: Don't give MegaUpload its servers back

Found on CNet News on Monday, 02 April 2012
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Lawyers for the trade group told the court that they had been informed MegaUpload's lawyers had already obtained the data they needed to make their case, according to court documents. Regardless, the MPAA said that handing over the servers to the company risked enabling the resurrection of MegaUpload.

"There may unfortunately be users whose legitimate files are now caught up in the illegal activity of MegaUpload," MPAA lawyers wrote in their motion. "We are sympathetic to those users, although we do not know how many there actually are as the Goodwin brief only identifies one."

MegaUpload has not been taken to court yet, so for now, no matter how much the MPAA hates this fact, MegaUpload is not guilty. Ergo there is no reason to stop them from accessing their belongings. Also rather troubling is the admission coming from the MPAA lawyers that they have no idea how many legal files are stored on MegaUpload; because as a logical consequence, this also means they don't know how many illegal files there are.

MPAA Targets Fileserve, MediaFire, Wupload, Putlocker and Depositfiles

Found on TorrentFreak on Sunday, 01 April 2012
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Paramount Pictures’ vice president for worldwide content protection identified Fileserve, MediaFire, Wupload, Putlocker and Depositfiles as prime targets that should be shuttered next.

Whether the Department of Justice will act on new referrals from the movie studios has yet to be seen. For now they have their hands full on Megaupload, whose founder told TorrentFreak that his defense teams is working on a killer motion in response to the “nonsense” US indictment.

The first gift from the government to the entertainment industry isn't even in court yet, and they already want more. Looks like it pays off to bribe ex-politicians to join their ranks and gain influence in Washington.