It was in St. Paul last week that Palin drew raucous cheers when she delivered this put-down of Obama: "Al-Qaeda terrorists still plot to inflict catastrophic harm on America and he's worried that someone won't read them their rights."

But Obama, who taught constitutional law at the University of Chicago for more than a decade, said captured suspects deserve to file writs of habeus corpus.

Calling it "the foundation of Anglo-American law," he said the principle "says very simply: If the government grabs you, then you have the right to at least ask, 'Why was I grabbed?' And say, 'Maybe you've got the wrong person.'"

"The reason that you have this principle is not to be soft on terrorism. It's because that's who we are. That's what we're protecting,"

Obama to Palin: 'Don't Mock the Constitution' | The Trail | washingtonpost.com

A Google-backed startup that analyzes customers' genetic makeup to predict health risks... has slashed the price on its personal DNA test... from $999 to $399.

...next-generation DNA analysis chips have made the process... significantly cheaper

This could lead to a significant increase in the use of genetic testing and a renewed focus on political questions about its use.

23andMe is also compiling databases of customers' genetic information to make available to researchers seeking new insights into those links.

The price cut will ideally mean an influx of new information that will speed discoveries in the lab...

23andMe slashes price on personal genetics test

The bill was sponsored by Senator Joseph Biden

You can read MemeStreams discussions about this bill here and here. When a politician writes up a paranoid, funhouse mirror description of a widespread youth counterculture and attaches to it to a bill intended to target and shut down that culture, well, those youth ought to remind him of that when he desires their vote for political office.

RAVE Act was Biden's idea

Unprotected speech generally can only be restricted after a finding on the merits that the speech is indeed unprotected. It generally can't be restricted via a temporary restraining order or a preliminary injunction that's just based on a preliminary, quick-and-dirty estimate of whether a crime was violated and whether the speech is therefore constitutionally unprotected.

A discussion of the legal issues involved in the MBTA suit, which are familiar.

The Volokh Conspiracy - Temporary Restraining Order Against Crime-Facilitating Speech About Security Vulnerabilities:

Threat Level is one of four finalists in the 2008 Knight-Batten Awards for Innovations in Journalism for our readers' work digging up over 100 self-serving anonymous edits performed by corporations and governments on Wikipedia.

Readers used WikiScanner to uncover the shenanigans.

I hope they are also thanking Virgil. He did most of the work here, really.

Thanks, Wikipedia Sleuths! Threat Level Places in Innovative Journalism Awards | Threat Level from Wired.com

From: Peter Swire [peter@peterswire.net]
Sent: Wednesday, August 06, 2008 11:57 AM
To: David Farber
Subject: DHS responds on laptop searches; direct action campaigns

Dave:

Public concern about laptop searches seems to be getting the attention of senior officials at DHS.

Yesterday, they posted “Answering Questions about Laptop Searches” by Jayson Ahern, Deputy Commissioner, U.S. Customs and Border Protection: http://www.dhs.gov/journal/leadership/

It links to his June 30 post on “CBP Laptop Searches”: http://www.dhs.gov/journal/leadership/2008/06/cbp-laptop-searches.html. Readers may wish to add their comments to the blog post.

Their basic point remains the same – customs has checked people’s items at the border for 200 years, so they can check your laptop.

Meanwhile, this issue has hit the front page of DailyKos, http://www.dailykos.com/storyonly/2008/8/4/141837/1015, and Dave Farber’s list gets mentioned in the Salon article, http://machinist.salon.com/blog/2008/08/04/encryption/index.html.

Two direct action campaigns are underway:

(1) “Hands Off My Laptop,” from Center for American Progress Action Fund: http://www2.americanprogress.org/t/288/campaign.jsp?campaign_KEY=6239

(2) Electronic Frontier Foundation action site: https://secure.eff.org/site/Advocacy?alertId=373&pg=makeACall.

Peter

Prof. Peter P. Swire
C. William O'Neil Professor of Law
Moritz College of Law
The Ohio State University
Senior Fellow, Center for American Progress
(240) 994-4142, www.peterswire.net

Lots about laptop searches

Customs and Border Patrol at the Department of Homeland Security was just given the green light to search and seize laptops at the border, without probable cause, by the Ninth Circuit Court of Appeals. They can deny entry to anyone who refuses to give up their laptops and password. This is an affront to our progressive values of privacy and protection from unwarranted search and seizure.

This is the CAP Action Campaign Decius mentioned during his talk at the Last HOPE. You can use this form to request that Customs perform a privacy impact assessment on the practice.

I Am Progress - Hands Off My Laptop

From Decius:

More evidence that sex offender hysteria motivates corrupt legislators to produce policy that is fucking stupid.

The facts are pretty darned sad. Barely more than a child himself at 19, Bradshaw was charged with statutory rape for having sex with a 15-year-old girl. Fine. That’s punishable. I’d prefer it had been kept out of the criminal justice system (see here for more) but its punishable. He gets 5 years.

After he gets out he gives an invalid address. For that, too, he pleads guilty and is sentenced to time served. When released he moves in with his sister but can’t live there because Georgia’s draconian sex offender law won’t let him live within 1,000 feet of a recreation center!

He moves in with an aunt but can’t stay there because the home is within 1,000 feet of the First Baptist Church! Growing desperate, he finds a family friend but this time inadvertently transposes the street address!

Now the cops move in. Bradshaw is arrested because he hadn’t moved into the friend’s single-wide trailer within the legally required 72 hours — and lied and said he did! His mandatory sentence for this infraction is life in prison.

A Georgia lawyer in this thread says that many of these people end up being homeless because they cannot find a place to live that complies with the law, and then they end up getting arrested for being homeless.

Fortunately we have elected representatives who are capable of forming logical thoughts:

Sen. President pro tem Eric Johnson (R-Savannah) said the law is clear.

"I wish it hadn't happened, but there are consequences for people's actions," said Johnson, a chief sponsor of the offender law. "What would have happened if he had given the wrong address and had lived in a place and was harming a child next door? The law is trying to protect children. Justice has to be blind to motive."

1. Eric Johnson recommended these particular consequences. He has to defend why they are appropriate, and not refer to them as if they are beyond his control!
2. This person is not a pedophile.
3. This is not an attempt to protect children. Strict statutory rape laws are designed to attack teenagers for having sex out of wedlock. In this case coupled with a hysteria driven over broad sex offender registration rule intended as marketing fodder for political campaigns.
4. No, justice does not have to be blind to motive! There is a difference between malice murder and involuntary manslaughter. If you don't understand that you shouldn't be writing laws.

Georgia Supreme Court considers proportionality in sex offender case

Warrantless Laptop Searches at U.S. Borders

Decius

U.S. customs agents have begun randomly searching the contents of laptops carried by individuals across U.S. border checkpoints. Personal laptops contain increasingly vast and intimate collections of information about their owners, and cannot be easily sanitized for government inspection prior to travel. The privacy implications of this policy are obviously tremendous. There is presently a debate in the U.S. court system about the constitutionality of these searches. This talk will cover the developments so far, explaining (and criticizing) the basic legal framework in which this debate is occurring as well as the reasoning employed by the courts that have heard this issue. Related topics will also be discussed, such as recent controversy over the Fifth Amendment right to refuse to reveal an encryption password to the police and the Anti-Counterfeiting Trade Agreement. Attendees will be armed with a deeper understanding of these present threats to our fundamental rights.

Decius will be speaking at Hope next month in NYC. A number of other people connected with MemeStreams are also speaking. It should be a good time.

The Last HOPE - July 18-20, 2008 - Hotel Pennsylvania - New York City

China denied accusations by two U.S. lawmakers that it hacked into congressional computers, saying Thursday that as a developing country it wasn't capable of sophisticated cybercrime.

"Is there any evidence? ... Do we have such advanced technology? Even I don't believe it," Foreign Ministry spokesman Qin Gang told a regularly scheduled news conference.

This deflection is actually really quite insulting. They played the developing country card? Seriously?? What a load of crap!

Once information technology is widely available to people who take an interest in it, it's only a matter of time before there are hackers capable of preforming offensive information operations exist. The biggest factor I can think of, is if there are numbers of kids that have easy access to computers. The only universal thread in common with all the rockstar hackers I know is that they all got interested in the stuff real young, and just got more and more devastatingly capable as they matured and got more access to information and other hackers.

No one expects the avenues of Xinjiang to start flowing with 0day anytime soon.. But I assure you, places like Beijing, Shanghai, Hong Kong, and Guangdong have no shortage of capable hackers. Beijing damn well knows that, and isn't afraid to use it strategically.

Hackers sprout given enough people, time, technology, and access to information. They manifest themselves in different ways. If you have an economy that can support a technology sector, you get one. If you don't, you get cybercrime. If your military wants the capability to do information operations, it will get it. Even the DPRK was claiming to have infowar capabilities at one point..

China denies hacking into US computers - Yahoo! News