Re: Judy Miller needing killing

2005-10-20 Thread Gil Hamilton

Dave Howe [EMAIL PROTECTED] wrote:

Gil Hamilton wrote:
 I've never heard it disclosed how the prosecutor discovered that Miller 
had
 had such a conversation but it isn't relevant anyway.  The question is, 
can
 she defy a subpoena based on membership in the privileged Reporter class 
that

 an ordinary person could not defy?
Why not? while Miller could well be prosecuted for revealing the identity, 
had
she done so - she didn't. Why should *anyone* be jailed for failing to 
reveal
who they had talked to in confidence? I am all in favour of people being 
tried

for their actions, but not for thoughtcrimes.


Miller wasn't prosecuted.  She was not charged with a crime.  She was not in 
danger of being charged if she had revealed the identity. She was jailed 
for contempt of court for obstructing a grand jury investigation by refusing 
to testify.  Perhaps no one should be required to testify but current law 
here is that when subpoenaed by a grand jury investigating a possible crime, 
one is obliged to answer their questions except in a small number of 
exceptional circumstances (self-incrimination would be one example).  Miller 
is seeking to be placed above the law that applies to the rest of us.




And yet Novak is the one who purportedly committed a crime - revealing the
identity of an agent and thus endangering them. So the actual crime (of
revealing) isn't important, but talking to a reporter is?


You're confused.  AFAIK, no one has suggested that Novak commited a crime in 
this case. The actual crime (of revealing) is what the grand jury was 
attempting to investigate; Miller was jailed for obstructing that 
investigation.


GH

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Re: Judy Miller needing killing

2005-10-19 Thread Gil Hamilton

 On 10/19/05, Chris Clymer [EMAIL PROTECTED] wrote:

 You're just trolling, right?

[snip]

 Major Variola (ret.) wrote:

So this dupe/spy/wannabe journalist thinks that journalists
should be *special*.. how nice.  Where in the 1st amendment is the class
journalists mentioned?   She needs a WMD enema.


The problem is that reporters want to be made into a special class of people 
that don't have to abide by the same laws as the rest of us.  Are you a 
reporter?  Am I?  Is the National Inquirer?  How about Drudge?  What about 
bloggers?  Which agency will you have to apply to in order to get a 
Journalism License?  And will this License to Report entitle one to ignore 
subpoenas from federal grand juries?


Reporters should have no rights the rest of us don't have.  It's hard to 
imagine the framers of the constitution approving an amendment that said 
freedom of the press is granted to all those who first apply for and receive 
permission from the government.


GH

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Re: Judy Miller needing killing

2005-10-19 Thread Gil Hamilton

Justin [EMAIL PROTECTED]wrote:

On 2005-10-19T19:59:18+, Gil Hamilton wrote:

 Reporters should have no rights the rest of us don't have.  It's hard to
 imagine the framers of the constitution approving an amendment that said
 freedom of the press is granted to all those who first apply for and
 receive permission from the government.

Blame the framers.  They separately enumerated freedom of speech and
freedom of the press, which suggests at least a little bit that freedom
of the press includes something extra.


Yes, it specifies printed material rather than spoken; this wouldn't have 
been unusual to them -- English law has long distinguished libel from 
slander, for example.  Your statement implies that you think the framers 
were being deliberately vague or encoding various sorts of subtle nuances in 
the amendment's language.  It's much simpler to presume that they said what 
they intended to say.


GH

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Re: Judy Miller needing killing

2005-10-19 Thread Gil Hamilton

Dave Howe wrote:

Gil Hamilton wrote:
 The problem is that reporters want to be made into a special class of
 people that don't have to abide by the same laws as the rest of us.  Are
 you a reporter?  Am I?  Is the National Inquirer?  How about Drudge?
 What about bloggers?  Which agency will you have to apply to in order to
 get a Journalism License?  And will this License to Report entitle one
 to ignore subpoenas from federal grand juries?
  Problem there is - Miller didn't write the story, pass on the info to 
anyone
else, or indeed do much more than have a conversation with an unnamed 
source
where a classified name was revealed.  The Grand Jury is aware that Miller 
had

this info but refused to reveal who the informant was.


I've never heard it disclosed how the prosecutor discovered that Miller had 
had such a conversation but it isn't relevant anyway.  The question is, can 
she defy a subpoena based on membership in the privileged Reporter class 
that an ordinary person could not defy?



  On the other hand - Robert Novak got the same information, REPORTED it - 
and
isn't in any sort of trouble at all. Somehow this isn't the issue though... 
and

I wonder why?


I don't know this either; perhaps because he immediately rolled over when he 
got subpoenaed?


GH

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Re: Well, they got what they want...

2005-07-25 Thread Gil Hamilton

sunder wrote:

Tyler Durden wrote:
 In other words, everyone here in NYC knows that we've  
given up a lot for the sake of the appearence of security, but no one  
seems to give a damn.


I wouldn't say we've given up at all - after all, we've had no choice in 
the matter. We weren't asked if we wanted to be searched, we weren't asked 
if we were willing to give up liberty for the appearance of security, we 
weren't asked if we were ok with atrocities such as the unpatriot act, or 
the national ID disguised as a standardized driver's license, we weren't 
asked if we were willing to pay lots of tax dollars to finance more police 
on every corner and all the toys that they have purchased for these tasks, 
or the various hollow cement flower pots, and other barricades.


Sure we have been asked.  We get asked every two years, which means
twice already since 9/11.  We keep electing the same assholes who gave
us the patriot act, and the national ID cards, and the assault weapons
ban and all of the Know Your Customer / anti-money-laundering
regulations, and the anti-drug laws.  We have the power to stop all of
this if we choose.

GH

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Re: Private Homes may be taken for public good

2005-06-24 Thread Gil Hamilton

From: A.Melon [EMAIL PROTECTED]



The principle of using the takings clause to transfer private property
to private parties has already been approved by the Supremes.  This is
but another variation.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=usvol=467invol=229


Interesting that the author of that opinion was O'Connor, who authored the 
*dissent* from this week's opinion.  Apparently, taking property from one 
private individual and giving it to another is fine with her if the one 
you're taking it from is a member of an (evil by definition) oligopoly.


O'Connor's dissent in the recent case is full of hair-splitting about why 
this transfer isn't for public use while the other one was, but all of her 
arguments would have and should have applied to the earlier case as well.


There is a special place in Hell reserved for people like her who open the 
proverbial barn door and then proceed to complain when the whole herd 
stampedes through. The key word is principles: O'Connor should find some 
and try applying them consistently.


GH

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Re: Private Homes may be taken for public good

2005-06-24 Thread Gil Hamilton

From: Jay Listo [EMAIL PROTECTED]


Well, once the Supreme Court starts coming up with stuff like this, you 
know you've been Bush-whacked.


Yes, because so many of the current justices have been appointed by Bush...

..oh, wait

(You might want to look at which justices joined this opinion and which 
dissented before you launch into an Evil Republicans rant.)


GH

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Re: [rationalchatter] Interesting Trial - IRS trial - July 11th (fwd)

2005-05-10 Thread Gil Hamilton
-- Forwarded message --
Date: Mon, 9 May 2005 17:45:35 -0700 (PDT)
From: marc guttman [EMAIL PROTECTED]
Reply-To: [EMAIL PROTECTED]
To: [EMAIL PROTECTED], [EMAIL PROTECTED]
Subject: [rationalchatter] Interesting Trial - IRS trial - July 11th
This is an interesting trial.  Men with guns.
Tessa and Larken Rose may be sent to jail.
Watch 3 min. - video - http://www.861.info/tessa.html
Trial starts July 11th.  There is a petition to encourage that it be 
videotaped.
While anyone can empathize with their desire not to pay taxes and
many of us can even disagree with the moral justification for taxes,
these people are idiots.  Their entire case boils down to quibbles
over arguably poorly worded regulations.  And even if you take their
argument at face value, if you go read the sections of the Code of
Federal Regulations they cite, they're just plain wrong: they're willfully
misreading the plain language of the regulations.  (Okay, plain
language is probably not the right phrase to apply to any part of
the CFR, but...)
They're definitely going down; probably to jail, but at the least they'll
be subject to massive fines, property seizures, etc.
Nothing to see here, folks; move along.
GH
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Re: Fornicalia Lawmaker Moves to Block Gmail

2004-04-13 Thread Gil Hamilton
Justin [EMAIL PROTECTED] writes:
Riad S. Wahby (2004-04-13 01:49Z) wrote:

 
http://news.yahoo.com/news?tmpl=storyu=/nm/20040412/wr_nm/tech_google_dc_1
  A private interaction between two consenting parties has absolutely
 nothing to do with the state, period.  The bitch supporting this shit
 should be removed from office forthwith.

It's not just a private interaction between two consenting parties.
It's a contract that grants power to a third party eliminating
traditional legal guarantees of quasi-privacy in communication from
sender to recipient, one of which is not a party to the contract.
No privacy is lost in the gmail system; no information about either
party is disclosed to any third party.  The information contained in the
message still remains private to the sender and recipient (well, to the
extent that any web-based mail can be considered private).  Exactly
what traditional legal guarantees do you think would be lost in the
gmail system?
There's no guarantee the average sender would know that mail to gmail is
intercepted and parsed.
So what?  The average sender doesn't understand that mail is
intercepted and parsed by each SMTP or POP server encountered in the
path from sender to recipient.  Or that their message is written to the
hard disk of each of those systems as well.  What the average sender
understands is irrelevant unless there is some bearing on his
expectation of privacy in the message contents.
Really, what's the difference between scanning the message in order to,
say, render HTML tags it may contain, and scanning it in order to
generate targetted advertising based on keywords it contains?  The
latter could also be considered as merely part of the rendering process.
- GH

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Re: [osint] Martha's lesson - don't talk to the FBI

2004-03-24 Thread Gil Hamilton
If they want to do some good, how about investigating these criminals?

http://www.ajc.com/business/content/business/0304/23senators.html

Have to confess I'm a little confused, though.  On the one hand, the article 
insists they broke no laws; on the other, it says they trade on privileged 
information not available to the public. Isn't this the very definition of 
insider trading?  Isn't it what they were originally pursuing Martha for?

- GH

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JetBlue Shared Passenger Data

2003-09-19 Thread Gil Hamilton
http://www.wired.com/news/privacy/0,1848,60489,00.html

wherein JetBlue helps you bend over while TSA unbuckles...

- GH

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Re: Among the Bourgeoisophobes

2002-04-11 Thread Gil Hamilton

F. Marc de Piolenc forwards:

Among the Bourgeoisophobes
Why  the  Europeans and Arabs, each in their own way, hate America and
Israel.

http://www.weeklystandard.com/Content/Public/Articles/000/000/001/102gwtnf.asp

While it drops off into a bit of jingoism near the end, the first three
quarters of this essay is spot on and expresses well the ideas I've
held about Muslim terrorists for a long time.  Also, it eloquently puts
the lie to the notion that those terrorists attacked the WTC because
they hate freedom.  It may be true that they hate freedom in some
narrow sense, but it misses the point: what they really hate is the
godless, arrogant, materialistic, undeserved (etc. from the article)
appearance communicated by the exports of our culture.  It is this
hatred of the perception of our culture that is misinterpreted (by
shallow and jingoistic analysts on *our* side) as they just hate our
freedom.

Which leads me to a couple of other comments.  The additional security
restrictions imposed on Americans since 9/11 clearly play right into
their hands.  No doubt it's very satisfying to bin Laden that he's put
the infidel Americans to huge additional inconvenience and
substantially decreased their liberties.  (Again, though, it isn't
primarily liberty itself that he hates, but the cultural exports that
flow from the western version of it.)

Also, it isn't only the Americans and Israelis that are so regarded -
other western nations are ultimately targets as well -- but the
Americans and Israelis are seen as by far the most egregious examples.
Or, in other words, we'll bring down Britain, Germany and the rest
after we dispose of the Americans and Israelis.  (Though perhaps France 
will escape being a target - the French seem to be born with an innate 
bourgeoisophobia, manifesting itself in such silliness as their
government's continual attempts to prevent their language from being
corrupted by English imports.)

Another point well made here is the notion that American left-wing
intellectuals and politicians, as well as right-wing fundamentalists
and their politicians, all fall into this same boat.  The left-wingers
- from Chomskyites to Kennedy/Clinton/Gore liberals - think they need
to protect us from our crass obsession with the pursuit of wealth and
our selfishness, while the right-wingers - from Falwell and Pat
Robertson to more mainstream Republicans - think we've been consumed
by licentiousness and immorality and that they need to force us to go
back to church.

To those of us who admire all types of liberty, it shows why we need
to keep sticking fingers into the eyes of both sides, or
monkeywrenching, as Tim puts it.

At the same time, none of this justifies many of the arrogant and
inflammatory actions taken by our government which serve as irritants
to the bourgeoisophobes and ultimately give them justification for
their hatred and their retaliation.  For example, why do we give
billions of dollars every year to Israel?  We get little or no benefit
from it, while it antagonizes the hell out of many Arabs.

- GH (preaching to the choir again)


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