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June 30, 2004

Privacy? Who Needs It?

According to Wired we have even less privacy than we may have thought.

E-mail privacy suffered a serious setback on Tuesday when a court of appeals ruled that an e-mail provider did not break the law in reading his customers' communications without their consent.

The First Court of Appeals in Massachusetts ruled that Bradford C. Councilman did not violate criminal wiretap laws when he surreptitiously copied and read the mail of his customers in order to monitor their transactions.

Councilman, owner of a website selling rare and out-of-print books, offered book-dealer customers e-mail accounts through his site. But unknown to those customers, Councilman installed code that intercepted and copied any e-mail that came to them from his competitor, Amazon.com. Although Councilman did not prevent the mail from reaching recipients, he read thousands of copied messages in order to know what books customers were seeking and gain a commercial advantage over Amazon.

Authorities charged Councilman with violating the Wiretap Act, which governs unauthorized interception of communication. But the court found that because the e-mails were already in the random access memory, or RAM, of the defendant's computer system when he copied them, he did not intercept them while they were in transit over wires and therefore did not violate the Wiretap Act, even though he copied the messages before the intended recipients read them. The court ruled that the messages were in storage rather than transit.

The court acknowledged in its decision that the Wiretap Act, written before the advent of the Internet, is perhaps inadequate to address modern communication methods.

But critics said the decision represents a huge privacy setback for e-mail users.

"By interpreting the Wiretap Act's privacy protections very narrowly, this court has effectively given Internet communications providers free rein to invade the privacy of their users for any reason and at any time," said Kevin Bankston, an attorney with the Electronic Frontier Foundation. "This decision makes clear that the law has failed to adapt to the realities of Internet communications and must be updated to protect online privacy."

In his dissenting opinion, which contained a detailed description of how e-mail works, Justice Kermit V. Lipez wrote that Congress never intended for e-mail temporarily stored in the transmission process to have less privacy than messages in transit. And he acknowledged that "the line that we draw in this case will have far-reaching effects on personal privacy and security."

Online Privacy "Eviscerated" by First Circuit Decision

The First Circuit Court of Appeals dealt a grave blow to the privacy of Internet communications with its http://www.ca1.uscourts.gov/pdf.opinions/03-1383-01A.pdf">decision today... [EFF: Press]

June 28, 2004

Signs of Intelligence: SCOTUS Rules Foreign Terror Suspects Have Rights

Hooray! Supreme Court shows some actual brain cells. If US Courts had no jurisdiction, I wonder what the government's argument was regarding who DID have jurisdiction.

The Supreme Court ruled today that foreigners held as enemy combatants in Cuba can use US courts.

The case, Rasul, et. al. v. Bush, President of the United States, et. al., was brought by 12 Kuwatis and 2 Australians detained at Guantanamo Bay.

The justices ruled 6-3 that U.S. courts do have jurisdiction over the prisoners, giving them the... [Morons Dot Org]

Frivolous Action Barbie

It's about bloody time that these huge companies that KNOW BETTER get slapped upside the head for being overreaching scum bags and trying to stop free expression. Thanks to Marty's Trademark Blog for this gem.

,

Artist Thomas Forsythe photographed BARBIE dolls to make an artistic point. Mattel sued him and lost. A District Court judge has now held that the parodic character of the work should have been clear to Mattel, whom he characterized as a 'sophisticated entity with access to good legal rerpesentation.' Accordingly, Mattel's copyright claim was 'objectively unreasonable,' and its trademark, trade dress and dilution claims were 'groundless and unreasonable.' Defendant was awarded $1,584,089 in attorneys fees and $241,797 in costs.

Mattel v. Walking Mountain Products, 99-8543 (C.D. Cal June 21, 2004)

[The Trademark Blog]

June 27, 2004

Airhead Approach - That's an Understatement

I normally don't take a whole article from any source, rather pointing people to the site where the article is located, after putting a "teaser" on the blog. But this time, because it was written by someone I know who I'm sure would not mind, and because to get the whole piece, you would have to register with the Washington Post, and because this story is SO compelling, regarding why it is so useless for us to be playing these stupid airspace alphabet games, here it is. I would also like to question what would have happened to people on the ground over Interstate 66 in Manassas had the pilot of the military jet been ordered to shoot down the Cessna in question. Besides the obvious rain of debris, one must also consider the number of accidents that would have occurred due to rubbernecking, as well as weaving to avoid chunks of aircraft, pilot and reporter spread all over the highway.

Airhead Approach to Safe Skies

Sunday, June 27, 2004; Page B08

The June 9 snafu involving the Federal Aviation Administration (FAA) and the Transportation Security Administration (TSA) that resulted in a needless evacuation of the Capitol was just another visit from an existing, known problem ["Capitol Plane Scare Blamed on Lack of Communication; TSA Findings Echo Those of 9/11 Commission," front page, June 19].

I operate a small fleet of Cessna aircraft that carry traffic reporters for local radio stations. Just about a year ago on the afternoon of Tuesday, June 10, 2003, one of my planes was headed west over Interstate 66 in Manassas. The aircraft was operating under a TSA-issued waiver, and it was in radio contact with controllers at Dulles Airport and at a nearby approach-control facility in whose airspace it was operating. In short, it was exactly where it was supposed to be, and it was doing exactly what it was supposed to be doing.

However, some unnamed security official decided that my airplane was a threat and dispatched a military jet from Andrews Air Force Base to intercept it.

Air traffic controllers whose airspace the military plane passed through were told that the jet was coming, but that was all. Nobody had any idea whom or what the military jet was looking for, and its pilot either did not have the capability or chose not to communicate directly with the controllers. Thus, the jet was inside a heavily congested airspace traveling at speeds of as much as 560 knots with controllers and other aircraft relegated to the status of spectators.

It was only when this jet started circling our aircraft that we figured out that he was looking for us. The jet circled us for several minutes until the controller was able to get through to someone to call him off. All this over a target moving away from the city on a route flown four or five times a day by the same airplane.

This situation was somewhat worse than the similar case this month because it disrupted airline traffic at two airports and because of the hazards associated with a cat-and-mouse game that took place at a relatively low altitude directly over a congested interstate highway. But the core issues are exactly the same -- lack of coordination, common sense and accountability.

In both cases, the aircraft in question were operating in an air traffic control environment and in clearly defined airspace. A person with even the most limited understanding of the area would have been able to discern what control tower or approach controller was responsible for the airspace in which the plane was located. A reasonable reaction would have included a phone call to that facility or controller to inquire about the status of the aircraft in question. In both cases, that would have been the end of the issue.

However, both times the security people involved either were not smart enough or chose not to make that phone call. Instead, intercepts were initiated at great expense. At least in our case, that intercept caused huge disruptions and safety problems.

I did my best to get to the root of the problem so that at least I would have some assurance that it wouldn't happen again. I got nowhere. From the outset, it seemed clear that the FAA didn't have a lot to do with what happened and that the decisions that went wrong were made on the security side.

I had been given a local number to call. I then was referred to a military installation that turned out to be in Florida. From there I was handed off to someone else. A number of the folks to whom I spoke promised to have someone call back to help sort things out, but that never happened. In the end, I was never able to pin down just who was responsible or even where that person might have been located at the time of the incident. What was doubly frustrating was the number of military officials to whom I spoke along the way who didn't see a problem with any of this.

We are now hearing that the air traffic controller involved in the June 9 incident was dismissed, which I also find troubling. Are we to understand that it is the controller's fault that the security people didn't bother to pick up the phone and ask someone about this plane -- just as they didn't bother to do a year before on June 10, 2003? What's wrong with this picture?

The air traffic control system was never intended as a security device; it's there to help airplanes get from one place to the next without bumping into one another in the air or on the ground. My experience in almost a quarter-century of flying has been that it does a good job. The controllers in our area, whose jobs have gotten incredibly more complex since Sept. 11, 2001, are doing a terrific job under difficult circumstances. My operation also deals on a daily basis with a variety of aviation security folks, and they generally seem to be on top of things and eager to make things work.

But, clearly, somewhere, there's a disconnect that can lead to spectacular failures. Procedures need to be cleaned up, the lines of communication clearly established, and some accountability and common sense put in place.

Above all, the higher-ups at TSA and in the military have to understand that they've got to change the way they do business. Otherwise, it's only a matter of time before someone gets injured or killed as a result of one of these foul-ups.

-- Stan Fetter
manages Hyde Field in Clinton.

© 2004 The Washington Post Company

June 25, 2004

Morons in the News: Bush Campaign Associates Liberals with Hitler

If only Godwin's Law applied to elections...

Six months after the Republicans went apoplectic over a video contest submission to MoveOn.org that compared Bush to Hitler, the Bush campaign has a video ad on their web site comparing Democrats with Hitler.

Note that the MoveOn.org ad was just... [Morons Dot Org]

Playing RIAA Attorney for a Day (Jason Schultz)

With the growing concern over Senator Hatch's Inducing Infringement of Copyrights Act introduced this week, EFF decided to take the debate up a notch today by drafting a mock complaint against one of the most egregious "inducers" -- Apple's iPod music player.

The Complaint, alleged inducement against Apple, Toshina (who supplied the iPod's hard drive), and CNET (who provided a review of the iPod including instructions on how to move musc files between it and multiple computers), lays out exactly how easy it would be to sue a company for inducement on any of their flagship computer products. We tried to make the complaint as simple as possible but at the same time, substantive enough that it would be difficiult for Apple or any other company to dismiss the case before trial. [For all you lawyers out there, try to think of how you could succeed on a 12(b)(6) or Rule 56 motion].

It's often hard to conceive the potential damage Congress can inflict upon us until too long after the fact (e.g. DMCA), so we hope this will help focus the issue.

[Copyfight]

New Technology for Tae Kwon Do

This is really cool! At last judges won't be kicked in the butt by coaches, parents, and competitors who claim that we didn't see blows that they claim landed in the target areas with the appropriate amount of force to score a point. If only people will actually USE these, it will be wonderful.

The popular sport of Tae Kwon Do is being brought into the 21st century using wireless technology.

Scientists at Stanford University in the US have developed a system to measure the force of blows in the Korean sport of Tae Kwon Do.

It works by using wireless sensors in the gear worn by competitors.

"The fact it can work with the scoring system to improve a judge's performance is what we consider to be the novel aspect," said Dr Ed Chi.[BBC News | TECHNOLOGY]

June 24, 2004

Content Cartel Tries Again to Screw Consumers

So here's a fantastic (although visceral) view of the new "INDUCE" act, that could make just about every consumer a "criminal." Well worth the read. Check the "$" links in the original story.

The Obsessively Annotated Introduction to the INDUCE Act

Yesterday, as C|Net News reported, Senator Orrin Hatch (R-UT) officially introduced the INDUCE Act to the public (Senate bill bans P2P networks). See also, Susan Crawford (INDUCE Act introduced) and Larry Lessig (even I can’t believe this). Read the bill here: Inducing Infringement of Copyrights Act of 2004 [PDF].

See this handy link for more.

June 23, 2004

All bags on T subject to search during DNC

So students, commuters, people who want to bring lunch to work, computer users, and shoppers will be inconvenienced at the very least, while being "honored" to have the DNC in their backyard. I don't recall anyone asking the voters if they wanted it.

Subway and commuter rail riders will be discouraged from bringing briefcases or backpacks on board during the week of the Democratic National Convention, and any passenger who does have a bag or parcel may be subject to having it searched, MBTA officials said yesterday. (Anthony Flint, Globe Staff) [Boston Globe: Local]

A Big Ole Ooops

Ok, so this Northwest flight crew becomes confused, and plunks itself down at Ellsworth Air Force Base instead of the real live airport it was sposed to be landing at. Now that's bad enough, but what if you were one of the poor painters who were minding their own business painting a runway when you look up, and EEEEK, here comes an airliner. This likely prompted a Monty Python-esque response of "RUN AWAY."

Then, if you were one of the unlucky 117 passengers who were trying to get to Rapid City rather than Slow Ellsworth, you got yourselves a free round trip ticket on Northwest. And you only had to sit there on the airplane for 4 hours while Homeland Insecurity came to make sure you weren't some kind of a terrorist who just happened to have a bomb, or maybe illegal chewing gum in your luggage, and take advantage of this totally unexpected situation to try to do something naughty to an Air Force base full of uh....MILITARY people with uh... grenades and rocket launchers and other naughty and awful things they could use.

More at this handly link .

June 22, 2004

The Unaccountable Presidency

From Dan Gilmor:

  • Jack M. Balkin: The Election and the Constitution. In the past three years, the Bush Administration has reinterpreted the Presidency, and hence the constitutional system of checks and balances, in the image of an all-powerful Commander-in-Chief. In its most extreme form, it produces the logic of the OLC torture memo, which asserts that Congress may not interfere in any way with the President-as-Commander-in-Chief, and that all laws and international obligations that might interfere with his decisions as Commander-in-Chief must be construed not to apply to him. This view of Presidential Caesarism (for that is what it is), is accompanied by an obsessive concern for secrecy and avoiding all forms of transparency and accountability.
  • [Dan Gillmor's eJournal]

    Ride the T in Boston?

    Ride the T, submit to searches. Your right to travel is now being limited even further. Word has it that people are putting huge dildos in their bags to protest search without probable cause. And just how "random" will this actually be?

    From the Washington Post

    BOSTON, June 8 -- The head of Boston's mass transit police said Tuesday that officers will begin random baggage checks in the first program of its kind instituted by a major American city to help guard against explosives being detonated in stations or on trains.

    The checks, which will also use police dogs, are scheduled to begin just weeks before Boston holds the Democratic National Convention July 26-29 -- the first national political convention since the Sept. 11, 2001, terrorist attacks -- and come in response to the train bombings that killed almost 200 people in Madrid in March.

    Boucher's Anti-DMCA Bill Gets High Profile Allies

    Contact your Congress Critter. Get them to support this bill. It is a step in the right direction.

    Landaras writes "News.com is reporting that a newly-formed alliance called the Personal Technology Freedom Coalition is throwing their support and lobbying ... (usa, timothy) [Slashdot.org]

    Court: Names Must Be Revealed

    So, even if you aren't doing anything "wrong" the police have the right to make you tell them your name. Miranda is now pretty moot.

    The Supreme Court says people must give their names to cops when they ask for it, and cops have the right to arrest people who refuse. One privacy advocate says the government just turned silence into a crime. [Wired News]

    June 19, 2004

    Legislation Introduced to Restore Fundamental Liberties

    So how quickly will this be shouted down as "unAmerican" by our friendly neighborhood AG, his cronies, and our pal the Shrub?

    Members of the House and Senate this week introduced legislation to reassert the balance between security and liberty. The Civil Liberties Restoration Act aims to reverse policies that weaken the constitutional commitment to due process of law, and more effectively utilize the resources appropriated for counterterrorism efforts. June 18, 2004 [Center for Democracy and Technology]

    Pentagon Seeks U.S. Spy Powers

    So, why would the military, who has already basically admitted that they are too damn busy to deal with the things that they are SUPPOSED to be dealing with, want to start keeping files on Americans? While we have Americans being blown up in Iraq when the military is supposed to be protecting them, why keep files on Americans? Why not look into...oh, I don't know.....maybe some FOREIGNERS?

    The Department of Defense is asking for an exemption from the Privacy Act, which outlaws secret databases on Americans. Civil-rights activists are asking why the military wants to get into the domestic spying business. By Ryan Singel. [Wired News]

    June 17, 2004

    The STUPIDITY Awards

    Any organization that says this:

    Main Organization Revealing Obvious Numbskulls would like to thank you for submitting your 2004 World Stupidity vote - because outstanding stupidity should not go unrecognized!

    Has GOT to be wonderful. The Psycho Sensei highly recommends you go vote in the annual Stupidity Awards at the handy link provided. It is marvelous.

    President Bush's Links To Wacky Cults

    If this is true, it certainly would explain some of the Shrub's rather, uh.....confusing policies?

    United States: Fun Neal Pollack article in The Stranger about President Bush's kooky religious beliefs.

    This is also the kind of country where the president meets with the members of a radical, far-right millennialist Christian sect three weeks before he counteracts all known international law and opinion regarding the Israeli-Palestinian situation. That sect, known as the Apostolic Congress, opposes any deal with the Palestinians because it believes that Christ won't return to Earth until all of Israel belongs to the Jews and Solomon's temple is rebuilt.
    Church & State - The Stranger, 10th June 2004 (via BoingBoing).

    [The Pagan Prattle Online]

    June 15, 2004

    Oh How Important for Humanity!

    The Psycho Sensei is pleased to report a very important website that has recently come to her knowledge. It is very important for everyone to visit the World Headquarters of the Leonard Nimoy Should Eat More Salsa Foundation. The fate of the world may hang in the balance.

    June 07, 2004

    How Refreshingly Wonderful!

    It's great to see that people are still willing to stand up for what they think is right, regardless of possible ramifications.

    From Wired News

    Forget drug-free and nuclear-free zones. A growing grassroots movement seeks to make the United States a Patriot Act-free zone, one city at a time.

    Or, at the very least, the people behind the movement hope to make their cities constitutional safe zones.

    In the past two years, more than 300 cities and four states have passed resolutions calling on Congress to repeal or change parts of the USA Patriot Act that, activists say, violate constitutional rights such as free speech and freedom from unreasonable search and seizure.

    Barring that, the resolutions declare that their communities will uphold the constitutional rights of their residents should federal law enforcement agents come knocking on the door of local authorities for assistance in tracking residents. This means local authorities will insist on complying with federal orders only in ways that do not violate constitutional rights. The resolutions are not binding, however, and do not affect the federal government's actions.

    More here .

    June 06, 2004

    Sister of Psycho Sensei

    Sunday was the first time the Psycho Sensei attended a tournament of anything other than Tae Kwon Do or gymnastics, in checking out Psycho Sister's fencing tournament up the road in Silver Spring. It was a rather confusing affair, with many people wearing strange white outfits, strange plastic chest protectors under their strange white baseball players pants and ever so French looking tops, and cage mask things.

    The players plug themselves into a large wire thing with cute little pulleys so that they can move around without much inhibition. They beep when one person "touches" the other with the strange looking sword thing. They call it a "touch" but sometimes it seems much more like a "thwap." In any case, they dance back and forth poking at each other until one player reaches 15 thwaps. The thwaper is then declared the winner.

    Psycho Sister's first bout was against a very nice girl that Psycho Sister thwapped 15 to 14. Psycho Sister was most happy. After a break, during which we watched "saber" bouts which consisted of people slugging each other with swords and being very loud about it, Psycho Sister had her next bout. As I watched, she seemed to do pretty well, though she lost 15 to 9. Sister was rather annoyed, until she found out she'd done 9 points against the #4 seeded player in the country :-). Psycho Sister won the top unclassified spot. And as I well know, she is indeed unclassified.

    The most amusing after fencing incident was when Psycho Sister met a cicada up close and personal in her hair. Psycho Sensei was most amused. Too bad there was no film at 11.

    June 05, 2004

    We Don't Need No Stinking Constitution

    Another really good one from Dan Gilmor

  • Dahlia Lithwick (Slate): Proof, Negative: The Justice Department's triumphant victory over the Constitution. The evidence in this document was collected during a two-year detention, in which Padilla was in solitary confinement, never charged with a crime, and only given access to his attorney this spring. Certainly his confessions might still be reliable, along with the confessions of Abu Zubaydah and other confederates being interrogated in secret. Or they might not. Without a trial we can never know, and as Phil Carter recently observed, there can now be no trial on the strength of this evidence since it was obtained unconstitutionally.

  • Jonathan Turley (LA Times): You Have Rights -- if Bush Says You Do. In a moment of extraordinary and chilling honesty, (Dep. Attorney General) Comey explained that Padilla had to be stripped of his civil liberties because, if he used them (including his right to remain silent or his right to a lawyer), he might have been able to win his freedom. Thus, the government had to keep him away from lawyers and judges at all costs. Gone was the pretense of legality or principle. The Justice Department had finally found its natural moral resting point: Civil liberties are tolerated only to the extent that they will not interfere with the government's actions. Meanwhile, Zacarias Moussaoui, a foreign citizen accused of terrorism, was presumably given his rights in federal court because, given the case against him, the government thought those rights would do him little good.
  • First the Bush administration jails a man solely on its say-so, allowing no access to a lawyer or a chance to defend himself. It extracts, apparently, a "confession" of some sort. (Did it use the same tactics as in Iraq and Afghanistan lockups?)

    Then, just as the Supreme Court gets ready to rule on whether the president can overrule the Bill of Rights on his whim, this information is suddenly made public. As Turley notes, this is a press release aimed at the justices as much as the American people.

    Padilla may indeed be the scum of the earth. But if they can do this to him, they can do this to innocent people. People like you. Think about it.

    [Dan Gillmor's eJournal]

    Separation of Powers?

    From Dan Gillmor's Weblog comes the following quote. One has to wonder, if Congress isn't allowed to investigate spending, who IS?

  • Knight Ridder: Rumsfeld to restrict senators' access to documents in Boeing deal. Defense Secretary Donald H. Rumsfeld has sharply limited the information he is willing to let Congress see on a controversial defense contract that is the focus of multiple investigations. Rumsfeld took a hard line even with fellow Republicans who want information from him about a proposed $23 billion deal for the Air Force to buy and lease 100 Boeing 767 aerial refueling tankers. Rumsfeld's refusal to give senators all the materials they requested could provoke a rare congressional subpoena.
  • [Dan Gillmor's eJournal]

    June 03, 2004

    Were They Running Windoze?

    The UK's Air Traffic Control system was completely munged by a "software update" that grounded planes all over the UK. Sometimes, you just have to wonder whether or not anyone tests these updates before distribution. More information at this handy link.

    June 01, 2004

    Our Trip to Ocracoke

    Ocracoke hasn't changed all that much since the last time we were here. Sure, there have been a few businesses going out, a few more coming in, but overall the island's character is pretty much the same.

    I had thought that flying down Friday afternoon of Memorial Day weekend would have been insane with air traffic, and wrought with delays. Thankfully, I was quite wrong. Things went very well on the way down, with many instances of the coveted phrase "go direct..." being uttered by cheerful air traffic controllers. Upon landing we found a lot fewer aircraft than expected, and many choices of tie down spots.

    Ocracoke is a strange blend of cultures, with the classic rednecks complete with pick up trucks, gun racks and a six pack of Bud, along with advertisements for Reiki treatments and board certified acupuncturists. The graduating class of 2004 consists of 4 people, three male, one female, two of whom have been on the island their entire academic careers. Three are going to community college on the mainland next year, and one is going up to the "big city" at George Mason in Fairfax, VA.

    The odd mixture of people at Howard's Pub reflects the typical holiday weekend crowd, most of whom arrived on the ferry, since many of whom would not fit into the small aircraft dotting Ocracoke's airport. Many of them would not be able to pass the written test to become a pilot either. Perhaps that is why they smoke so much, out of the despair that surely will follow their vacation, as they are trapped in the ferry lines trying to get back to the mainland. The very idea of a non smoking section at most of the island's restaurants caused the staff to gaze at me in utter confusion, as if I'd sprouted a third eye.

    This was the child's first trip to Ocracoke, and she had a wonderful time, playing with the child of our pals Paul and Mary (it's Paul's fault that we flew down in an airplane rather than being in a ferry line :-)), and gazing at the wild ponies. She didn't like the beach all that much, since there were waves and sand and stuff, but she did enjoy the shopping (even though she hardly bought anything) and very much liked being out and about.

    We stayed at Pelican Lodge, as usual, with our friends Phil and Nancy. Unfortunately for us but not for them, this will be their last year running a bed and breakfast. They are retiring. We will miss their island hospitality. We again had a wonderful time.

    On the way home, we had an interesting (in the Chinese sense) flight with multiple cells we were routed around by a great group at Norfolk Approach. Almost like magic, Gaithersburg cleared itself as we were arriving, allowing all of the traffic in line before us to land and cancel IFR so that we could come in without holds or delays.

    And a great weekend was had by all.