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426
Living Room / Re: Google, designing the font of the future
« Last post by 40hz on February 07, 2015, 09:47 AM »
I see from the info it was designed by Monotype. :-* Small surprise it's as well done as it is. :Thmbsup:
427
Living Room / Re: Google, designing the font of the future
« Last post by 40hz on February 07, 2015, 08:41 AM »
Looks good. However when I went to get their recommended All-in-one CJK super OTC font from the link on their download page, all I got was this:

fo.png

Same went for any other download link on the download page.

Oh well. :)
428
Living Room / Re: What are the consequences of an FCC Internet "utility"?
« Last post by 40hz on February 06, 2015, 10:05 PM »
My next question would be, what did we accomplish by this step of formally classifying the internet as a "common carrier" ?  who does this benefit?  what is going to change?


We established an additional revenue stream for the government, of course,

Indeed.

which they will use to bribe ISPs into not withdrawing service from less profitable rural areas, not jacking up the rates of those living within those areas.

I think it will be more to bribe them to marginally upgrade their services to something that approaches barely usable. They already have plant and equipment in place so there's some small incentive for them to continue milking it until they can't any longer. And then sell their fully depreciated and obsolete equipment and non-profitable business divisions off to some poor sucker at fire sale prices - like what AT&T recently sold to Frontier Communications - or to the Baby Bells a few decades earlier.

Sure looks like it's "business as usual" - as in: the public, once again, getting fleeced blind. :-\
429
Living Room / Re: silly humor - post 'em here! [warning some NSFW and adult content]
« Last post by 40hz on February 06, 2015, 09:49 PM »
I'm not sure how funny this actually is.... :tellme:



430
Living Room / Re: The banality of a darknet developer
« Last post by 40hz on February 06, 2015, 09:33 PM »
Now, would anyone like me to lecture on number agreement and ambiguity in English grammar?  ;D

LOL! No. Thank-you, please;D

This one is for you Ren...even though I'm sure you've already seen it:



 :Thmbsup: :Thmbsup:
431
Living Room / Re: The banality of a darknet developer
« Last post by 40hz on February 06, 2015, 09:25 PM »
^The choice of using the word 'darknet' as an adjective was purely my own. And unless conventions have changed, 'darknet' has primarily been used (in my experience) to refer to the anonymous part of the deepweb where connections get made where neither the identity of the person accessing - or the server hosting - is known. So yes...I guess anonymous web = darkweb.

At least to me it does.  :)

If somebody is taking it to mean 'criminal' because the activity I was posting about clearly is, I don't really know what to say. People think that about the deepweb too - although I've always understood the deepweb to be the parts of the Internet that aren't reachable via regular public search engines. Or in some cases (often by design) sites that are not able to be reached by any search engine at all.

But again, these are geek terms. And while the definitions for this sort of "in" terminology are generally agreed upon, the specific details, amendments, qualifications, wrinkles, semantic gamesmanship, and attempts at disambiguation often go on ad nauseam. (Even geeks have their private agendas and axes to grind, just the same as normal folk do.)

Hope that clarifies my end. If there was a disconnect, it's hardly your fault. Or mine really. You can probably google a thousand articles that would disagree with my use of the term: darknet. And there'd likely be just as many that wouldn't. So think Humpty-Dumpty in Carroll's Through the Looking Glass:

humpty_dumpty_alice_words.jpg

Humpty Dumpty took the book and looked at it carefully. 'That seems to be done right —' he began.

'You're holding it upside down!' Alice interrupted.

'To be sure I was!' Humpty Dumpty said gaily as she turned it round for him. 'I thought it looked a little queer. As I was saying, that seems to be done right — though I haven't time to look it over thoroughly just now — and that shows that there are three hundred and sixty-four days when you might get un-birthday presents —'

'Certainly,' said Alice.

'And only one for birthday presents, you know. There's glory for you!'

'I don't know what you mean by "glory",' Alice said.

Humpty Dumpty smiled contemptuously. 'Of course you don't — till I tell you. I meant "there's a nice knock-down argument for you!"'

'But "glory" doesn't mean "a nice knock-down argument",' Alice objected.

'When I use a word,' Humpty Dumpty said, in rather a scornful tone, 'it means just what I choose it to mean — neither more nor less.'

'The question is,' said Alice, 'whether you can make words mean so many different things.'

'The question is,' said Humpty Dumpty, 'which is to be master — that's all.'


Alice was too much puzzled to say anything; so after a minute Humpty Dumpty began again. 'They've a temper, some of them — particularly verbs: they're the proudest — adjectives you can do anything with, but not verbs — however, I can manage the whole lot of them! Impenetrability! That's what I say!'

'Would you tell me please,' said Alice, 'what that means?'

'Now you talk like a reasonable child,' said Humpty Dumpty, looking very much pleased. 'I meant by "impenetrability" that we've had enough of that subject, and it would be just as well if you'd mention what you mean to do next, as I suppose you don't mean to stop here all the rest of your life.'

'That's a great deal to make one word mean,' Alice said in a thoughtful tone.

'When I make a word do a lot of work like that,' said Humpty Dumpty, 'I always pay it extra.'

'Oh!' said Alice. She was too much puzzled to make any other remark.

'Ah, you should see 'em come round me of a Saturday night,' Humpty Dumpty went on, wagging his head gravely from side to side, 'for to get their wages, you know.'

(Alice didn't venture to ask what he paid them with; and so you see I can't tell you.)

'You seem very clever at explaining words, Sir,' said Alice.
432
Living Room / Re: What are the consequences of an FCC Internet "utility"?
« Last post by 40hz on February 06, 2015, 08:44 PM »
Looks pretty much to be regulated like Title II to me, though I could be wrong.

Thoughts?

This from Techdirt?

Stop Saying That The FCC Is 'Treating Internet As A Utility' -- It's Not
from the mythbusting dept


Now that FCC boss Tom Wheeler has made it official that he's going to present rules to reclassify broadband under Title II for the purpose of implementing stronger net neutrality rules (details still to come...), the opponents to this effort have come out of the woodwork to insist, over and over again, that reclassifying is "treating the internet as a utility." The cable industry's main lobbyists, NCTA, decried "Wheeler's proposal to impose the heavy burden of Title II public utility regulation...." and AT&T screamed about how "these regulations that we're talking about are public-utility-style regulations..." Former Congressman Rick Boucher, who is now lobbying for AT&T whined that "subjecting broadband to public utility regulation under Title II is unnecessary."

Hell, even those who are merely reporting on the issue are calling it "treating internet as a utility." Here's the Wall Street Journal, NPR, CNET, Engadget and the Associated Press all claiming that the new rules "treat" or "regulate" the "internet as a public utility."

And they're all wrong. While there are some "utility" like aspects in Title II, Wheeler actually made it pretty clear he's not using those sections in the net neutrality rules that he's putting together (though, again, the details here will matter, and we haven't seen them yet). What he's doing here is just using Title II to be able to designate broadband as a common carrier, but just being a "common carrier" is not the same as being a "public utility" -- a point that John Bergmeyer at Public Knowledge makes nicely, by highlighting that there are lots of common carriers that aren't utilities...

Interesting... (read the rest of it here)
433
Living Room / Re: The banality of a darknet developer
« Last post by 40hz on February 06, 2015, 04:15 PM »
^Um...I'm using 'darknet' as an adjective. Just like 'web developer' is not someone who is necessarily doing development work the Internet itself.

If I wanted to say "a developer on the darknet" I would have said so.  :-\

I suppose you think a "game developer" is someone who does development work on games? Why couldn't she be someone who's "game" for doing some development work? And not necessarily software either! :P :P ;D

And I think that's the point that Ren was getting to.

Yeah. I think I might have figured that out previously. That's why I changed the header line. ;)

Note: Ren and I grok each other pretty well most times. (We go back a ways and usually try our best to keep each other young.)  ;D
434
Living Room / Re: The banality of a darknet developer
« Last post by 40hz on February 06, 2015, 03:44 PM »
... I develop software.  And I'm on the internet.

... I'm an... internet developer

polls_bigbrother_1129_376127_poll_xlarge.jpeg

Thank you! Remain standing...Do not attempt to move...Keep your hands in plain sight at all times...
435
Living Room / Re: What are the consequences of an FCC Internet "utility"?
« Last post by 40hz on February 06, 2015, 01:54 PM »
In what way, exactly, is this treating internet providers as a utility?

Are mobile phone providers regulated like utilities? Because this is weaker than their Title II rules.

It looks more like a platypus to me.  :D

Same here. The deeper you get into what's being said by those who will actually get to decide, the more this all starts to look like it's just more 'puppet theater' for the kiddies.

436
Living Room / Re: Peer Review and the Scientific Process
« Last post by 40hz on February 06, 2015, 01:45 PM »
The sad thing is it isn't the scientific process or peer review that's the problem. It's the subversion and perversion of them that's causing the huge amount of recent public distrust in things "scientific." And whenever there's doubt, there's always someone ready and willing to step in and twist it to their own advantage.

Be it politics, economics, religion, or science - once the practitioners of a given discipline abandon their high road, a mounting wave of public distrust soon follows. And surfing that wave are all the self-nominated pundits and opportunists. Each with an agenda.

To my mind, that's the real tragedy - and danger - in all of this.
437
Living Room / Re: Recommend some music videos to me!
« Last post by 40hz on February 06, 2015, 01:21 PM »
^I think I'd rather just swallow a quarter pint of liquid starch with a little salt in it while looking at a picture of a potato chip. Same result, but less chewing needed. Although...in fairness, that 'can' they come in does find its uses when employed as part of a wifi cantenna. There are many better cantenna designs out there. Most using cans that hold stuff I'd much rather eat. But the Pringles version does do the job.

 8)
438
Living Room / Re: The banality of a darknet developer
« Last post by 40hz on February 06, 2015, 01:07 PM »
@Ren - to your very good point, I've changed the header in the OP to read "a Darknet developer" rather than "the Darknet developer." It's much more accurate to phrase it that way. :Thmbsup:
439
Living Room / Re: The banality of the darknet developer
« Last post by 40hz on February 06, 2015, 12:06 PM »
Whether it's online scammers or just garden variety Congress critters, it usually just comes down to Dunbar's number. It's the difference between  hurting real people or the idea of people.

Bingo! :Thmbsup: That's where you frequently bump into that nebulous border between imagined and actualized sociopathological behaviors.
440
Living Room / Re: Recommend some music videos to me!
« Last post by 40hz on February 06, 2015, 11:56 AM »
^I agree. For many, they're a successful and entertaining musical stage act. ;) If their fans wish to see them perform, I'm all for it. Considering I'm not "too sexy" for anything (including sex), who am I to say otherwise?

It's like Pringles®. I don't 'get' Pringles®.

grinch.jpg

But they sell well...so what do I know? ;D
441
Living Room / Re: The banality of the darknet developer
« Last post by 40hz on February 06, 2015, 11:37 AM »
I'd like to clarify a bit too. :)

Yes, but...
Human organizations and assemblies are known and branded by the lowest common denominator that is tolerated as being part of their group.

That goes for the so-called darknet as much as it does for things like: police agencies, businesses, churches, and governments. You can't hold up a double standard and expect to be taken seriously. And like the police departments and government agencies that have figured so prominently in the news over these last few years, if those who also claim membership in a group in question don't elect to actively do anything about the rot in their midst, they too will get tarred with the same brush.

Look no further than the term 'hacker.' It was once considered a badge of high honor among the old personal computing crew. Now it denotes you're nothing more than a common cyber-criminal. Or non-radical Islam attempting to distance itself (in the minds of many) from its more violent and radical brethren - while simultaneously doing its best to remain out of the fray. While I sympathize, there eventually comes a time when you're expected to take a side or make a stand. Silence and inaction is often interpreted as giving tacit assent. Not fair maybe. But that's the way it goes in human society where, sooner or later, you may have to choose a side.

You can try to "clarify" as much you like. But you can't control the use of a term in common parlance. For many years Federal Express tried to get people to stop calling them "Fedex." Eventually they bowed to reality and adopted 'Fedex' as their official name. "We the People" had spoken. Vox populi, vox Dei, as the Romans said.

Vox Populi Vox Dei

"The voice of the people is the voice of God."

This does not mean that the voice of the many is wise and good, but only that it is irresistible. You might as well try to stop the tide of the Atlantic as to resist the vox populi. As God's laws cannot be withstood, neither can the popular will. After Edward II. had been dethroned by the people in favour of his son (Edward III.), Simon Mepham, Archbishop of Canterbury, preached from these words as his text.

Source: Dictionary of Phrase and Fable, E. Cobham Brewer, 1894
[/size]

The simple truth is we only get to express a preference for what we wish something to be called. We don't get to dictate to everybody else how to call it. Or how to think of it.

Even the most clueless will actively resist that form of mind-control. ;) ;D

 8)

442
Living Room / The banality of a darknet developer
« Last post by 40hz on February 06, 2015, 08:06 AM »
There's an interesting post over at Motherboard.com that speaks depressing volumes about the mindset behind some people who indulge in online criminal behavior. Far from being the revenge-seeking villains or revolutionary saboteurs of Hollywood and television legend, they're ordinary and somewhat boring individuals with an attenuated sense of morals and responsibility. Their sole motivation? Money, plain and simple.

This Anonymous Web Developer Makes Counterfeit Banking Sites for $15K
Written by
Jordan Pearson
Staff Writer (Canada)


February 5, 2015 // 03:00 PM EST Stylish design matters: both for legitimate websites, and the shady scammer sites that only need to look legitimate in order to convince someone to hand over their credit card information. Online criminals need competent web designers, and cash-strapped programmers sometimes need the business—if they’re willing to put aside their scruples in exchange for a bunch of Bitcoin.

I came across an old post on the r/darknet subreddit by a web designer soliciting scammers to enlist their services to build phishing sites—fake websites that look just like real ones (say, Gmail) but really only exist to siphon personal and financial information from unsuspecting victims. “Looking for a real web designer who'll turn your questionable project into something professional looking, no questions asked and 100% anonymously?” the poster, who went by the username WolphReph42, wrote. “You've just found your guy.”

I was interested, but not in their services. I wanted to know what it was like being a web designer on the darknet. So, I emailed him using PGP encryption, crossed my fingers that he hadn’t ditched his disposable Safe Mail account yet, and asked.

“I'm no criminal myself,” wrote WolphReph42. “I don’t find ways to scam people, I’m no hacker, I’m not a drug lord that spends his time in a ill-lit room behind a Chinese restaurant smoking a cigar and counting wads of cash: I’m just like any other person, with a good job and enough pay to support a comfortable but not too lavish lifestyle.” ...

What's very sad to me is the incredible naivety this geek has about the seriousness of what he's involved himself in:
 
WolphReph42 insists that he’s not a criminal, although he told me that he suspects he may be charged under intellectual property copyright laws due to his website spoofing. Still, he doesn’t believe he can be charged for the damage eventually inflicted on the site’s victims.

I spoke with David Fraser, a lawyer specializing in internet technologies at Canadian law firm McInnis Cooper, to get a legal perspective on WolphReph42’s activities. Unfortunately for him, he may be in more danger than he imagines.

“Copyright infringement would be small potatoes compared to the larger crime,” Fraser said. “Culpability is going to depend on what they know or what they ought to have known about their role in the overall crime—fraud, for example. In the totality of the circumstance, in terms of what they know, I think the prosecution would look to how they’re advertising their services.”

As for what the penalty might be for a mercenary web designer doing under the table work for scammers, Fraser said courts may sentence them to prison if the site’s fraud is found to be over $5,000. WolphReph42 told me that he protects his identity using standard PGP encryption, Tor, proxy servers that mask his true location, and a new laptop every few weeks.

But will that be enough?

“Nobody wants to be a potential accessory to a crime,” said WolphReph42. “As for me, I just like money.”

Regardless of anyone's opinion of what WolphReph42 is doing, one thing he obviously doesn't get is the first two rules for breaking rules. It was best expresses in the movie Fight Club where members and prospective members were told: "1st RULE: You do not talk about FIGHT CLUB. 2nd RULE: You DO NOT talk about FIGHT CLUB..."

Be interesting to see how this plays out long-term now that WolphReph42 has outed himself to a journalist. No would-be client in their right mind would go near somebody this clueless going forward. He's also painted a nice day-glo target on his forehead blabbing like he has. Hopefully, no agency that issues badges is shopping for someone to make a sad example of.

And, hopefully, no former clients are getting nervous about it either. Many of these folks have particularly unique and effective ways of reminding their hired help to keep one's mouths shut.


Full article here.
443
Living Room / Re: Recommend some music videos to me!
« Last post by 40hz on February 05, 2015, 07:33 PM »
For someone who doesn't dance, you sure are surrounded by it!
[/quote]

It is my lot in life to be surrounded by people who are much smarter and far more creative and talented than I am. Which is great. Because this way there's always somebody interesting to watch, talk to, or learn something from. ;D :Thmbsup:
444
Living Room / Re: Recommend some music videos to me!
« Last post by 40hz on February 05, 2015, 07:29 PM »
@Deo - like it even if it drifts dangerously close to hip-hop in places. She reminds me a little bit of Blossom Dearie with her vocal styling. Be fun to hear her with a real big band.  :Thmbsup:
445
Living Room / Re: Silk Road Seized - Dread Pirate Roberts Arrested
« Last post by 40hz on February 05, 2015, 03:12 PM »
Actually, after many real world experiences in court, I'd more agree with Ren on this point.

I hear you. And I might even be inclined to agree (in principle at least) with a fair amount what Ren's saying. But what he's saying is not the way these things actually work in court. And if you persist in trying to use the rules of one board game while playing a completely different one, you're apt to be disappointed before very long. And lose.

Now if you want to talk about pushing for judicial and procedural reforms, that's an entirely different matter. But such proposed reforms aren't the law until they've become law. And that isn't going to help this former defendant right now.

----------------------------------------

P.S. I've had my share of experience with courts too - although these were all on the witness, 'expert' testimony, and jury side of the equation, thank heavens! They were all extremely interesting and eye-opening experiences. But they're also the sort of experiences best avoided if at all possible. At least AFAIC.

That said, I still think it works pretty well most of the time.  :)
446
Living Room / Re: Peer Review and the Scientific Process
« Last post by 40hz on February 05, 2015, 02:49 PM »
^@tomos - See my post just above yours. I think there was a disconnect between what I thought I was asking Ren, and what Ren thought I was inferring. If there was any confusion there, the fault was entirely mine.

And I agree. None of this is (or should be) about taking sides.  :)
447
Living Room / Re: Peer Review and the Scientific Process
« Last post by 40hz on February 05, 2015, 12:50 PM »
Are you high? I post drunk sometimes, and I do go off the rails every now and then, but this is pretty clear cut

Thanks for that. Although I've noted you do (by your own admission) post in a less than ideal state of mind sometimes, I'd never think to call you drunk in a discussion.

I also think I see where some confusion enters into the picture. I wasn't responding to your post immediately above mine. It was a more general question - as in I don't know much about a lot of this, so do you have some good in-depth sources (like an online university level course or two) you'd care to share that puts you in a better position than me to say what's real when it comes to this stuff?

I probably should have been more explicit. I wasn't calling BS on you. I was just looking for some direction or suggestions since you're far more into science controversies than I am. And I am very aware of how easy it is to fool ourselves - so it's a very big concern of mine that I don't do that to myself..

Apologies if I wasn't clear and you felt offended. (Re-reading my post lets me see it could easily have be taken the way you did.) Chalk it up to somebody who had to go out on icy roads in 6 degree F weather last night, drive 28 miles to replace a failed RAID element on a client's server, sit there until about 6am to make sure everything was back to normal - then drive home with a major headache.

I probably should have taken a nap or drank more coffee before I came here and posted. Oh well. At least I took some aspirin. :)
448
Living Room / Re: Silk Road Seized - Dread Pirate Roberts Arrested
« Last post by 40hz on February 05, 2015, 12:12 PM »
Am I missing something?

Yes.

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Is speech not allowed in court?

Nope.

Not unbridled speech anyway. It's an adversarial system, which means it's Q&A format. You can ask questions. And you can answer questions as given. But you're not allowed to make speeches. Or go off on tangents or rants. The prosecutor and defence team leader are allowed to address the jury directly at the beginning of the trial where they lay out what they intend to prove.

Then the trial moves to the Q&A with witnesses who are required under oath to directly answer the questions - as posed to them - without speechifying or editorial glosses. You can be held in contempt if you do otherwise.

Then there is the summation speeches where the prosecution followed by the defense are allowed to recap to the jury what they believe they have established, after which they ask the jury to pass the verdict their side is asking for.

Finally, (another speech) the judge charges the jury - giving them specific instructions on how each point of the law as found in the charges is to be interpreted along with some general instructions on how a jury is supposed to conduct its deliberations plus a short homily on the importance of what they are being asked to do.

Then it's all over until the verdict comes back and...it's showtime! (More speeches!)

So as you can see, free speech as most people interpret it, is not a part of a US criminal trial. Nor is it actually allowed. Because a court trial is, in itself, not a forum for public debate. That comes before and after. Not during.



Maybe you meant Amendments V through VIII?

Nope. We don't even need to go there. Full stop at the 1st. That's all that is needed to show that the US judicial system is a complete and total farce and that the judges and related officers are nothing but criminals.

The First Amendment has absolutely nothing to do with due process. It deals with freedom of religion, speech, the press, the right of peaceful assembly, and redress of grievances against the government.

Freedom of speech (in the sense you're taking it) doesn't apply in a US court of law. So I wouldn’t see why you'd want to make a full stop here. You've gotten off at the wrong highway exit.


I don't see anything in any of the above that was clearly (or even obscurely) violated. :(

The first was obviously violated.

Or is speech in court not counted?

No. And no. See above.

That would be a clear violation of the 6th, but only if you believe that a trial involves actually allowing a defense. If you don't believe that defendants are allowed to present a defense, then, well, all bets are off. Accusations equal convictions?

I think that we both know where that leads. The 4th box.

Convictions are what a jury decides. No more, no less. Including if they decide to ignore the law in most (but not all) cases.


Perhaps you're saying that the due process itself is unjust? Well, therein lies the critical difference between what the law actually says - as opposed to what most of us (i.e. non-attorneys) usually think it says or wish it said.

There is no due process. It's a bloody joke. The rules are "fixed".

So sez Ren! But in practice, it works pretty well most of the time. Possibly something you clearly can't allow yourself to acknowledge - or even see? :)

The first thing we do, let's kill all the lawyers.

A mighty fine proposition! :P

If the law is incomprehensible, f**k it. Really.

Does everyone need to have a law degree to function?

If so, then yes. Killing all the lawyers is a good start to stave off that insanity.

You don't get off that easy talking about "Oh, gee, if only we poor serfs understood the heights and depths of law, and how it makes 'society' a better place!"

One of the unfortunate side effects of having a judiciary that attempts (as far as is possible) to follow the letter of law, is that there will be an inevitable slide towards increasing complexity as people (and attorneys) constantly attempt to get around the intent of the law as written by playing semantic games.

That leads to court rulings and additional laws being passed which attempt to clarify and define what was originally intended. Because this occurs in a willy-nilly (i.e case-by-case) fashion, noise gets introduced into the system. That results in differing rulings by courts in different jurisdictions and conflicting laws being passed. The United States also has the often conflicting goals and overlapping powers of its federal and state governments to contend with. So it's even more legally complicated here than it is for most places on this tired planet.

I think the mess found in US law is more attributable to our cleverness with words and a desire to "do whatever we want to do, whenever we want to do it" than anything else.


There is no reasonable expectation for most people to know what the law is. At all. Except in the most basic forms, e.g. theft, murder, etc.

40,000 new laws? In 1 year? Really?

Ignorance of the law **IS** an excuse.

If true, so much for expecting, or even asking people, to exercise any form of social responsibility.

I'm guessing you're not a US citizen - or maybe just haven't lived very long among us American Neanderthals?  :P

Most of us don't have some weird  existential issue about dealing with this. Mainly because it's not the nightmare you seem to think it is. It's just complicated. Fortunately, most people here feel up to the task. We've grown up with it and live it, so we have lots of experience dealing with our government. We get by.


It still remains that the judge violated Ross' fundamental right to free speech in proscribing several of his proposed defenses.


Nope. It was in keeping with the established rules of due process - which deal with the admissibility of evidence and testimony based on how well they're related (i.e. germane) to the charges being made.

Again, a US court isn't a public forum. It's a public trial. You can't just introduce anything you want into a trial and expect it to be allowed. Otherwise everybody could argue god told them do it -and their belief in the truth of that is protected under the 1st Amendment. And since who can say what god may or may not choose to have us do, the charges must be dismissed.

If you want to push everything to its logical extreme, everything ultimately reduces to an absurdity. Let's not go there. It's fun. But it wastes a lot of words.

Please note that some of the most popular drugs on the Silk Road were prescription drugs sold for 10% of the cost of regular prescriptions.[/size]

Does that give any more perspective on the issue? ;)

It does. For you it's about what you feel the law should be. Not what it is.

In the US, all prescription medication is regulated by law, doled out exclusively by licensed pharmacists out of licensed pharmacies or by licensed medical doctors.. And I don't want to get into a whole discussion about drugs and drug prices (prescription or otherwise) right now because it's a very sore spot for me personally. But until the law changes that's the way it works.

I guess you're arguing from the perspective of public advocacy and reform, whereas I'm just trying to clarify for you how the law actually operates here. :)

Oh well...I've spent way more time than I should on all this than I should. So I'm gonna bow out from this thread for now. I hope Popehat does an analysis of the trial and the verdict soon. Ken White usually cuts through the chaff and delivers pure gold when it comes to helping amateurs like me understand how all this legal stuff really works.

Later! :Thmbsup:






449
Living Room / Re: Silk Road Seized - Dread Pirate Roberts Arrested
« Last post by 40hz on February 05, 2015, 10:01 AM »
Call it a win for 40hz.

It's not a competition. But thanks. At least I wrote something that wasn't too vague or rambling for once. ;D

But you didn't address the 1st amendment violation. This seems to be a teensy, tiny bit important.

I don't see how there's any way around that.

The judge put a gun to the defense's head and threatened them if they tried a sane defense (speech).

Trying to claim "federal rules of evidence" doesn't address the issue. If anything, it only illustrates the debasement of the first amendment and the criminality of the courts, judges, lawyers, and politicians that are complicit in that crime.

Um...ok...

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Am I missing something?

Maybe you meant Amendments V through VIII?

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

I don't see anything in any of the above that was clearly (or even obscurely) violated. :(

Perhaps you're saying that the due process itself is unjust? Well, therein lies the critical difference between what the law actually says - as opposed to what most of us (i.e. non-attorneys) usually think it says or wish it said. As one inexperienced attorney was famously reminded by Supreme Court Justice Oliver Wendell Holmes Jr. when his arguments "for justice" ventured a little too far from the actual words of the law: "This is a court of law, young man, not a court of justice."

Something to remember: The United States is a nation built on law. Whatever justice gets accomplished as a result of law is largely incidental.

As one wise individual by the name of Edison Haines so accurately put it: "Law is not justice and a trial is not a scientific inquiry into truth. A trial is the resolution of a dispute."

If it's any consolation, this comes as a complete shock to most Americans too. Especially the ones who first learn about it while facing a judge. It's right up there with the awkward feeling you occasionally experience in the presence of your parents once you're old enough to know (in no uncertain terms!) exactly what your father had to do to your mother in order to bring you into existence.
 ;)

 --------------------------------------------------
Note: I think it was defence attorney (and former federal prosecutor) Ken White of Popehat that had some excellent things to say on this very subject. If I can find it I'll post the link. :)

Update: Found it! Link here.

In this case it was about a particularly heinous individual getting off (in my state no less!) after committing a frankly hideous crime - not because of a "technicality" - but rather because the trial court correctly followed due process as the law does and should require it to do.

Ken goes on to explain why it is so important that a court behave in such a manner - and why the occasional grave injustice that does occur in the wake of the properly executing "due process of law" is so important in order to prevent even graver injustices from becoming the norm.

And while this one was a 'victory' for the defense side - what happened holds in the same manner for the prosecution under US law. Dame Justice's sword is a two-sided weapon.

Here's an excerpt:

Frankly, I Don't Care How Due Process Makes You Feel
by Ken White · October 9, 2012


I stopped blogging about Nakoula Basseley Nakoula, the maker of the "Innocence of Muslims" video. I stopped because (1) I am interested in discussions about what the law is, to the extent that discussion is based on law, (2) I am interested in discussions of what the law should be, (3) I am interested in discussions of how courts work, to the extent those discussions are premised on actual experience and facts, but (4) I am completely uninterested in what people feel the law is, and (5) I am completely uninterested in what people feel happens in courts, frequently based on TV.

Discussions of what the law is based on feelings annoy me. They're about mob rule, not the rule of law...<more>
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Living Room / Re: Peer Review and the Scientific Process
« Last post by 40hz on February 05, 2015, 09:27 AM »
@Ren - just out of curiosity, what grounds or expertise do you fall back on when it comes to accepting the truth and accuracy of these things you cite? Not being a chemist or a biologist or geneticist myself, I could be duped fairly easily by either side since I don't have enough background or education to evaluate and have an informed "scientific" opinion about most of what is being said here.

When it comes to people like me (i.e. fairly bright and well-read but NOT possessing any real expertise - and having, at best, a cursory knowledge of subject matter itself) I could easily be bamboozled by a cherry-picked yet utterly bogus dissenting opinion. Nor would I know enough to be able to determine the validity of the experiment design used in the study in question. Nor do I have access to the raw data. So despite being pretty damn good when it comes to statistics, I can't even check the validity of any statistically-based conclusion(s) being drawn.

Googling the web and reading isolated studies and opinions isn't the same thing as "getting educated" or becoming knowledgeable about the subject matter in question. That's why people go to school and study the broader base of knowledge needed. So they may someday be able to confidently hold a truly informed opinion.

While I don't automatically dismiss a lot of what you're saying or arguing for out of hand, I'm still less confident than you are about the validity of a lot of the 'evidence' being presented. And I think I may be just a little more aware of the possibility that what I personally wish to be true may seriously affect my ability (and willingness) to see what actually is true - if I'm not extremely careful.
 :)
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