Congressional Neanderthals Mess Up Big

(Image is in the Public Domain)

Yesterday the House passed a FISA amendment act which includes a provision shielding telecommunications companies from any liability. In the coverage of the situation by Ars Technica, they were able to quote Nacy Pelosi as being an idiot:

(Bold text in parenthesis is mine)
The most extended apologia came from House Speaker Nancy Pelosi (D-CA), who urged that the compromise be judged by comparison with the Senate bill, which she characterized as the only realistic alternative (So we can't ask for a good law, only a less bad one? That's a great standard to live to). She outlined several ways in which the current legislation is preferable to the Senate's version. First, the compromise bill reasserts that FISA is the "exclusive means" for conducting electronic surveillance, which would require the president to ignore such language twice in order to launch an extralegal surveillance program, rather than only once, as under traditional FISA rules (So if the President breaks the law, now it would violate two laws instead of just one. The next time someone breaks a law, I wonder if it will result in jail time if it only breaks the law "once"). Second, it preserves prior judicial review of surveillance authorizations, except in "very, very rare" circumstances, such as when the attorney general asserts that waiting for a judge would entail delay (I think that recent history has shown how much we can trust to the "rarity" of the Attorney General approving anything a president might ask. Has she even been awake in the last decade?). Third, it contains specific provisions barring the use of authorizations targeting parties abroad as a pretext for targeting U.S. persons, presumably to be enforced by a board of psychics. Finally, it provides for an internal investigation of the extent of past surveillance, which Congress will act upon with the same legendary zeal for civil liberties it has displayed over the past seven years (Brilliantly summarized. Ars has some great writers.).

So in one day, the House voted to expand powers of the Judicial branch that they didn't need and shield their conspirators from liability against justice.

Don't get me wrong, if I got a letter from the Attorney General of the United states that required my company to do something and my lawyers said to do it, I would have and maybe that's what happened to the telcos. But if there is no accountability for the Attorney General, the President, and the involved Agencies, then the whole things tastes like Congress cooked us up some chili made of poo.

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EFF Takes Opportunity to Shut Down All RIAA Lawsuits

The Electronic Frontier Foundation
(Image used under: Fair Use doctrine)

In a recent case, the judge has asked for public comment which the Electronic Frontier Foundation was happy to do.

In brief, the EFF is trying to show the judge that the RIAA can't win judgments against people only by showing that someone had a copyrighted song in a share folder. In other words, just because it was "available" for download, doesn't mean a crime occurred. Second, just because MediaSentry (the company paid by the RIAA to find copyrighted material online) downloads the song from someone doesn't suddenly make the providing person a criminal.

Hear, hear.

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Deceptive Voting Practices – CFP 2008

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I'm at the Computers Freedom and Privacy conference of 2008 and I'm currently sitting in an interesting panel about something I had no idea about. I assumed that deceptive voting practices meant e-voting, but what they're actually talking about is modern-day Jim Crow laws.

I suppose I should have known better, but I wasn't aware that there were still problems with disinformation encouraging people not to vote. Often the misinformation will come in e-mail or physical mail and will seem very authentic appearing to have come from some state agency or well-known organization. They will try to discourage you from voting by telling you:

  • that due to massive expected turnout, Republicans would vote on election day and Democrats the day after (thus eliminating Democratic votes from the election).
  • that if you have unpaid parking tickets or child support, you'll be arrested when you go to vote
  • that the polling location has changed
  • that any ex-cons can't vote (note that this may be true depending on the state you're in, but be sure to check before deciding not to vote)
  • that the voting registration deadline has long passed so there's no point in even trying now

There's more, but that's a start. If anyone tells you that you can't vote for some reason or that your polling location/date has changed, verify the information before acting on it!

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Recent Ruling Upholds Border Searches of Laptops

What you got in there?
(Image is in the Public Domain)

You can be forced to turn it on and let border agents browse around for stuff to charge you with. Isn't that nice?

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Your Legal Rights as a Photographer

(Image is used under the Pixabay license)

An excellent summary of some laws and rules relating to taking photos in public and other places. Near the bottom of the page, they have some links to other helpful resources as well. If you have ever been harassed about taking photos (or you expect to), this is a good article for you.

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Arguing a Yahoo! Account Suspension

I've had a Yahoo! account practically as long as I've been on the Internet. I've practically abandoned the mail because of the amount of spam it receives every day, but I still use it from time to time and it has a lot of historical and nostalgic value due to the e-mails that are still in there.

I've also used my account for the Yahoo! Answers service to help spread information about credit freezes and avoiding scams like lifelock. I'm guessing that last one is why I got a generic letter like this:

Oops

Your account has been suspended.

If you feel there has been a mistake, please contact us at answers-abuse@cc.yahoo-inc.com.

Most likely, your account was suspended in violation of Yahoo! Answers community guidelines. Click here to read the full guidelines

In the meantime, feel free to browse Yahoo! Answers

Long story short, I asked them for an explanation, and their responses were all BS of one form or another. I used to have a lot longer and more detailed description of what happened next, but rather than get into all that, I'll leave it as simple advice: when something like this happens, complaining to the Better Business Bureau and consumer protection sites like the Consumerist for publicity are good, but won't probably help. Yahoo has the right to deal with whoever they want and, at best, you can argue that as a company that so aggressively entices people to use their services, they have at least some measure of obligation to treat people fairly, but that's a stretch.

In the end, the best possible thing you can do is avoid using Yahoo! services. There are plenty of alternatives out there and I, for one, have no interest in spending time and energy on an account that can be disabled at any time for no valid reason.

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A More Clever Way to Get Customer Satisfaction

Unscrewed: The Consumer's Guide to Getting What You Paid For: Burley
(See online!)

Here's a new book on my list: "Unscrewed. The Consumer's Guide to Getting What You Paid For".

The Consumerist has a great interview with the author that describes some of the techniques in the book. Check this one out:

BURLEY: As you know, none of the techniques require anyone to scream or yell or spit at great distances. As a matter of fact, those are disqualifiers. There's an old-school belief, yes, walking into the middle of a showroom and screaming at the top of your voice, "They cheated me!" These days that will get you escorted out by the security guard. A lot of the techniques in the book put a twist on the old techniques of being a squeaky wheel. Such as writing a letter. Writing a letter to the president of the company these days is not going to get you anything. They've got legions of people and the president of the company is never going to see that letter. But I have a letter-writing technique that's called "Spokesperson For The Competition." You don't write a letter to the company that's causing you a problem, you write a letter to the president of the company that is their number one competitor, telling your true story and offering to become their number one spokesperson, and giving them permission to give a copy of your letter to every one of their sales people. Now before you send that letter to the competitor, you send a copy of that letter to the president of the corporation that's causing you a problem. And now they do the math. They say, ok, instead of losing just that one customer, our competitor is going to have evidence of just how poorly we treat our customers. And since we're in a highly competitive business, and we're trying to get those business accounts and fleet accounts or whatever, if every one of their sales people have evidence of how badly we treat our customers, how much business will we lose? You see what's happened there, it's the same technique, you're writing one letter, but you have somehow multiplied the effect, because you're not now one individual against the company that is causing you a problem. Using this technique of writing a letter to the competition, and offering to become a spokesperson for the competition, you've now multiplied your impact, your effect, a thousand fold? Ten-thousand fold? And suddenly, once again, it becomes more cost-effective for the company to take care of you than to ignore you.

That's quite brilliant actually. I should definitely get a copy and see what it's like.

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How to Hack a Diebold Voting Machine – Picture

(Image is in the Public Domain)

I found this picture on Digg.com that has an easy 5 step process to hacking the voting machines to do your bidding. Remember when you go to vote soon, to thank your state's voting commission if they are using these well known, hackable, substandard, and completely worthless machines. Better yet sue them for incompetence or corruption (or both).

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Refund for Preinstalled Unwanted Software

(Image used under: Creative Commons 2.0 [SRC])

A guy in Italy managed to get a refund from HP for Windows XP and Works 8 which were preinstalled on his system. Apparently, the license agreement states that if the customer doesn't accept the agreement, the vendor will refund the money.

This could be the start of a disturbing trend as far as computer retailers are concerned.

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Comcast Actively Blocks High-Bandwidth Traffic

(Image used under: Fair Use doctrine)

I already reported on Comcast blocking Peer-2-Peer filesharing traffic, but apparently they've extended the blocks to enterprise software (in this case, Lotus Notes).

When Lotus Notes users attempt to send e-mail with larger attachments over Comcast's network, Notes will drop its connection. Instead of a successfully sent e-mail, they're greeted with the error message, "Remote system no longer responding." Kanarski did some digging and has managed to verify that Comcast's reset packets are the culprit.

It should be noted that everything that has been reported as being blocked by Comcast are things that cause high traffic on Comcast's networks. Even though people pay for their high speed Internet, Comcast will be damned if they actually let you use it. I mean, I've never been dropped from Comcast service for using their Internet "too much" like some people, but I definitely can't get decent service to save my life.

For example, if I start one download at about 100kB/s, the rest of my Internet connection limps along like a two legged cat! So much for my 6 megabit connection speed.

Something is seriously wrong with Comcast and I hope some regulator comes down on them hard soon.

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Consumers Against Supermarket Privacy Invasion And Numbering - CASPIAN

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