Whether anything "non Supreme Court Justice-like" occurred or not is irrelevant to how this looks. Someone with this high a duty to the Constitution of the United States shouldn't be running around with parties to pending cases.

Justice Antonin Scalia faced renewed questions yesterday regarding his off-the-bench contacts with parties to cases before the Supreme Court, as a published report described his travel to Kansas to speak at a law school whose dean was serving as a lawyer for the state in two cases pending before the court. [Washington Post: Nation and Politics]

Posted by mikki at 06:50 PM | Permalink | Comments (0)

We're already forced to show ID before we get on airplanes for domestic travel....is this the next phase?

Next month, the Supreme Court will consider whether people have the right to not show identification to the police. At stake, advocates say, is whether our society will have to 'show papers' in daily life. By Ryan Singel. [Wired News]

Posted by mikki at 07:24 AM | Permalink | Comments (0)

Added pressure for ATC?

An air traffic controller who ordered a passenger plane into the path of another aircraft over Germany - a crash that killed dozens of Russian children - was stabbed to death Wednesday in front of his wife.
[AP World News]

Posted by mikki at 03:46 PM | Permalink | Comments (0)

This is SO cool! Wish a hawk would come into OUR local Home Despot. Much more entertaining than trying to find light bulbs.

'It Wasn't A Pretty Sight' -- Hungry Home Depot Hawk

A Cooper's hawk has been flying above the stocked shelves at a suburban Cleveland store for more than a week while feeding on pigeons that live in the rafters.[Madville.com]

Posted by mikki at 03:44 PM | Permalink | Comments (0)

In a world where Osama Bin Laden is not flagged by CAPPS, do we really want John Poindexter combing through private records to decide who is friend and who is foe? Obviously not, said Congress. However, it seems that the wishes of the American people to keep their privacy are irrelevant.

When Congress deep-sixed the Total Information Awareness program for fear it would compromise individual privacy, the government simply moved its research to various intelligence offices. [Wired News]

Posted by mikki at 12:08 PM | Permalink | Comments (0)

It is rare that the Psycho Sensei is awed by martial arts power. However, this time the amazing and wonderous strength of the martial arts involved awes even the cynical Psycho Sensei. These previously secret martial arts forms have been pictured for the very first time at this link. Thanks to Matt for the important pointer.

Posted by mikki at 09:51 AM | Permalink | Comments (0)

Obviously not, at least according to the FBI. Your personal data is of no consequence if they are after someone accused of such a horrible and terroristic crime as "hacking." Since we already have no privacy when the government is after terrorists, the "trickle down" theory, combined with abject fear of those magickal creatures known as "hackers" joins in obscene harmony to strip users of any modicum of personal security.

The Ohio ISP CIT Hosting Technologies was invaded by the FBI last Saturday, and has posted the following letter to its customers:

Dear Customers of FOONET/CIT:

We regret to inform you that on Saturday February 14, 2004 at approximately 8:35 am EST, FOONET/CIT's data center in Columbus, Ohio temporarily ceased operations.

Here are the facts of what occurred:

The FBI executed a search warrant issued by the United States District Court for the Southern District of Ohio regarding the IRC network that we host. According to the warrant, it appears that the Bureau is investigating whether someone hosted on our network hacked and attacked someone else.

After several hours of attempting to track down, inspect and audit the terabytes of data that we host, the FBI determined that it was more efficient (from their point of view) to remove all of our servers and transport them to the FBI local laboratories for inspection. This was completed at 7:00 pm EST same day.

The FBI has assured us that as soon as the data has been safely copied and inspected, the equipment will be promptly returned. Unfortunately, the FBI has not been able to tell us when they will be completed with their inspection.

We have been told by the Special Agent in charge of the investigation that If you need access to your data you are asked to please contact the Bureau via email to rwhite3@leo.gov. Make sure to include in your email your name, mailing address, and telephone number with area code.

Since we wish to focus 100% of our efforts on restoring services, we would appreciate it very much if you do not attempt to contact us directly. Please rest assured that we are doing everything possible to restore service to you as quickly as possible.
To the many who have inquired, Paul and family are OK, although shaken by these events. They are at home and awaiting the blessed event of their new child's birth. We thank you for your good wishes and prayers.

Please check back here often. Through this site, we will keep you informed of ongoing developments as we know them.

Thanks again for your understanding.

Posted by mikki at 12:31 PM | Permalink | Comments (0)

Last set of flights we took, my 12 year old daughter was "selected" for additional screening one one flight, and I was "selected" on another. Luckily, we made our flights, as we had arrived quite early. Others have not been so lucky, and many have been prohibited from flying, period. Why? Because their names came up on CAPPS.

So, for those who think this is a perfectly ok thing, (like those misguided individuals who feel that sacrificing personal liberties for security is a GOOD thing) think of this irony. Osama Bin Laden is NOT on the "do not fly" list. If he showed up at the airport with a ticket, he'd be allowed to march onto the airplane just like I'm not.

Don't believe me? Read this!

Posted by mikki at 10:53 AM | Permalink | Comments (0)

For anyone who knew her, Shiro the Umbrella Cockatoo, was a funny and fantastic friend. Intelligent, mischievous, and full of life, Shiro was my little bird who we gave to Doug Humphrey and became the mascot of Digex, which he co-founded. Shiro was loved by just about everyone, as only a cockatoo can be.

Shiro died this morning when a housekeeper used a teflon pan on high heat. As bird owners know, the fumes given off by non stick cookware are toxic to birds. Doug didn't have any in his house, and neither do I. The housekeeper brought her own pan it seems, with tragic results.

Shiro died in Doug's arms on the way to the vet. She was about 15 years old.

She will be sorely missed. Doug talks more about Shiro here .

Posted by mikki at 02:10 PM | Permalink | Comments (0)

Wonderful! It's about time!

A woman who the record label group accuses of copyright infringement fires back, saying labels are breaking racketeering laws. [CNET News.com]

Posted by mikki at 10:21 PM | Permalink | Comments (0)

The Psycho Sensei HATES html'ized email. It causes havoc to many email programs, sends tons of unnecessary programming stuff, and can be dangerous. Attempting to explain this, and to explain how to turn html off in certain email programs has been problematic. However, a wonderful new website does it VERY well.

If you'd like to get rid of that horrid html'ized email from your in box, or to refrain from sending it, use this wonderful handy link.

Posted by mikki at 02:11 PM | Permalink | Comments (0)

You GO EFF. If there was a real correlation between terrorism and surrender of private information, perhaps the government would have a point. However, the cold hard fact is that the majority of the 9/11 hijackers had NO criminal record and NO private information available to the government that would have flagged them. Furthermore, what information would they be looking for from American citizens that would make them ineligible to board an aircraft? Gun permits? Bad credit? Drug charges? Unpaid child support? It makes no sense.

"The amount of data -- potentially incorrect data -- that the government is asking to access before permitting you to fly is simply astounding," said Lee Tien, a senior staff attorney at EFF. "Doing background checks on every American who chooses air travel doesn't seem like a logical way to keep bombs and weapons off of planes." [EFF: Press]

Posted by mikki at 01:33 PM | Permalink | Comments (0)

I'm rather ashamed of Apple. As an intellectual property lawyer and ex software company owner, I believe that intellectual property protections are important to our society. However, I also feel that these protections must be balanced with the greater good, and with our own constitution (which many feel is for the greater good :-)).

The Apple/Pepsi commercial featuring kids accused by RIAA is so unfortunately misleading, that anyone who cares to do even a tiny amount of research can't escape the conclusion that it is yet another one of the RIAA's scare tactics. I very much like this remake of the commercial that shows some of the hypocritical nature of this particular ad.

Posted by mikki at 12:38 PM | Permalink | Comments (0)

From the Washington Post who now expects more personal information in order for you to read their paper online:

At the end of 2003, former Russian banker Alex Konanykhin was spending a little time in jail as a guest of Uncle Sam, having been nabbed by U.S. immigration officials as he tried to go from Buffalo to apply for political asylum in Canada. (That's right, going across the Peace Bridge in his BMW, leaving the country. )

Konanykhin, one of the first Russian millionaires after the fall of the commies, left in 1992 and was granted asylum here in 1999. He's built a very successful Web advertising business in New York City.

But in November, an immigration appeals panel, apparently deciding that Vladimir Putin's justice system was just hunky-dory, reversed the asylum ruling. Department of Homeland Security folks moved with stunning alacrity to send him back to Russia, where he's accused of stealing from his bank. He says not so.

Then a federal judge in New York blocked the deportation, and the immigration appeals panel reversed its earlier ruling and sent the matter back to the first immigration judge.

So imagine Konanykhin's surprise when he got a breathless fax from the National Republican Congressional Committee saying he had been chosen "New York Businessman of the Year."

"As such, you will be honored and presented with your award," NRCC chairman Thomas M. Reynolds (R-N.Y.) said, at a "special ceremony" April 1. " President Bush and Governor [ Arnold] Schwarzenegger are our special invited guests for the NRCC Spring Gala," the Reynolds invite said.

"We will use that letter as evidence Konanykhin qualifies for permanent resident status as a businessman of extraordinary ability," his lawyer, Michael Maggio, said yesterday. "Many thanks to the Republican leadership. I'm so grateful, a donation does seem appropriate."

Posted by mikki at 07:34 AM | Permalink | Comments (0)

So tell me, when did attorneys determine whether a procedure is medically necessary? Why aren't Justice Department lawyers attempting to obtain any OTHER types of medical records to see if any OTHER procedures are medically necessary? Does anyone else see the irony in lawyers second guessing doctor/patient decisions? How's about wondering what our marvelous attorney general might try to dig into next? Prescription records of people he doesn't like? Head injury records to try to prove enemies are nuts? Records to prove people have AIDS or other STDs? Privacy? What's THAT?

Attorney General John D. Ashcroft defended efforts by the Justice Department to obtain the confidential medical records of patients who have undergone a type of late-term abortion, saying yesterday that attorneys representing the government in a lawsuit need the documents to determine if the procedures were medically necessary. [Washington Post: Nation and Politics]

Posted by mikki at 07:28 AM | Permalink

How would you feel if the person entrusted with the safety of all "souls" on board an airline flight, announced that you were crazy if you weren't a Christian?

CNN reported today that an American Airlines pilot asked all Christians to identify themselves, and if you aren't Christian, you're crazy.

The story reports that nobody raised their hands.

Passengers were told to use their 4 1/2 hour flight "wisely" or just "sit back and watch the movie."

Apparently, passengers were so nervous after this, that they grabbed their cell phones, and the in flight phones to call loved ones, because they didn't know if this meant that their pilot was going to plow the airplane into a building or something.

What a way to raise the comfort level of passengers who are likely already a bit more nervous now than pre 9/11 about taking an airline flight. No captive audience should be put through that type of non-consensual nonsense. I wonder how the non-Christians felt on that flight.

Keep this in mind when you choose your airline carrier.

Posted by mikki at 11:45 AM | Permalink | Comments (0)

Into every Psycho Sensei's life, organization must eventually rear it's ugly head. And this weekend, the Amazing Wessiepooh set up the Amazing Rack and we did the Amazing Clean.

The Amazing Rack

The Amazing Desk

See them now, before they become full of junk again :-)

Posted by mikki at 10:51 AM | Permalink | Comments (0)

So how lame is this? Note I DIDN'T WRITE THIS! Martin of The Trademark Blog did, but it certainly is food for thought. I mean, really.

Via Nerdlaw, we find a link to this press release from a comic book implying that it received a demand letter from DC and Marvel, alleging that they jointly own the trademark SUPER HERO (and forced the comic book to remove the term from its title).

I didn't see the actual demand letter and maybe the press release misstates some of the facts in the case, so I'll only 'hmmm' silently to myself.

But I will add that one element of the definition of a trademark is that it designates a single source of origin. While there is the concept of joint ownership, two unrelated companies holding themselves out as two unrelated companies tend not to meet this definition.

Also, DC disclaimed 'SUPER HEROES' in Reg. 2730169 for the mark POCKET SUPER HEROES.

BE THAT AS IT MAY: Cadence Industries, AKA Marvel and DC Comics obtained a registration for SUPER HEROES for comic books back in 1981. It is now assigned to DC and Marvel as separately identified owners. LEGION OF SUPER-HEROES is owned by DC. MARVEL SUPER HEROES was registered by Cadence and assigned to Marvel. Marvel owns MARVEL SUPER HERO ISLAND.

Posted by mikki at 10:18 AM | Permalink | Comments (0)

Well isn't THIS special? You're forced to go to the DMV and put up with a ton of bulloney at the hands of people with the customer service skills of Microsoft, and then you find your identity has been taken by a family of space aliens. Whooppee

CDT has issued a report entitled "Unlicensed Fraud" documenting rampant internal fraud and lax security at state motor vehicle administration offices across the country placing the reliability of all driver's license at risk. While heavy public attention has been placed on new national standards and new technologies for driver's licenses, studying local news reports from throughout 2003 CDT finds that basic management processes to stop bribery and theft are lacking. In the report, CDT offers policy recommendations to address this dire issue. February 2, 2004 [Center for Democracy and Technology]

Posted by mikki at 09:27 AM | Permalink | Comments (0)