| |
| ▲ | lrvick 2 days ago | parent [-] | | I am in the USA, but I literally cannot comply because by design it is not possible for me to ship changes without the international maintainer team agreeing to them. And Illinois legislators have no power over them. Also, we are not a company. We are an independent community owned project. Our code is free speech and I will burn the world down to defend that right. Truly I dare someone to try to take me to court over this. Would be great publicity for our coercion resistant approach. They might as well try to mandate code changes to a blockchain and mandate the whole world host them. | | |
| ▲ | otterley 2 days ago | parent | next [-] | | There are a lot of remedies available to a court with respect to a recalcitrant party, ranging from an injunction to remove your product from the market to fines and imprisonment. Again, speak with your attorney. Do not try to "hack the law" yourself; many who have tried have regretted it later. | | |
| ▲ | lrvick 2 days ago | parent | next [-] | | No need to hack the law. Our FOSS code is constitutionally protected free speech and I would defend on those grounds. The technical design of the project just makes it so no one can force changes on the distro unwanted by the maintainer team regardless of any courtroom outcomes. Like, what if someone made a law that said Bitcoin nodes must KYC? They could make the law I guess, and the international network operators would just laugh at it. | | |
| ▲ | kube-system 2 days ago | parent | next [-] | | > Our FOSS code is constitutionally protected free speech and I would defend on those grounds. You have precisely zero additional speech rights as a FOSS project than any other organization has. If "free speech" was a valid defense for you, then Meta would be doing the same. > The technical design of the project just makes it so no one can force changes on the distro unwanted by the maintainer team regardless of any courtroom outcomes. Being unable to comply is not a valid legal defense. > Like, what if someone made a law that said Bitcoin nodes must KYC? They could make the law I guess, and the international network operators would just laugh at it. This is the law in various places under various mechanisms. It is handled by putting people in prison or taking people's assets. | | |
| ▲ | lrvick 2 days ago | parent | next [-] | | Okay well if they want to jail me for being unable to comply with violating the privacy of the users of the Linux distro I work on it. Cool, I guess. They would sure be wasting a lot of resources and public goodwill with absolutely no positive outcome for their agenda. Which is why I do not think it will actually happen. But if it does, it does. Not going to live my life in fear, I have more security and privacy tools to ship :) | | |
| ▲ | kube-system 2 days ago | parent [-] | | I don’t think they’re going to spend any resources on going after you because: * your project might not even qualify under the text of the law * even if it did, the number of children using it to access social media is likely zero | | |
| ▲ | lrvick a day ago | parent | next [-] | | Oh, we will be supporting desktop/ubuntu style use cases soon. Position will remain the same though. And, agreed, they will still ignore us. But sick of seeing bigger projects cave to this nonsense. But, none of this was about protecting kids. It never was. | | |
| ▲ | voakbasda a day ago | parent [-] | | They will ignore you right up until precedents are establish for a process to effectively prosecute any holdouts. Sure, first they will come for bigger fish, but then they will come for you. | | |
| |
| ▲ | a day ago | parent | prev [-] | | [deleted] |
|
| |
| ▲ | DennisP 2 days ago | parent | prev | next [-] | | Unless the PGP decision has been overturned, code as free speech is in fact a valid defense. If the government couldn't stop code they claimed were "munitions" from getting distributed, then it seems unlikely that they'll stop a Linux distro. Corporations do whatever seems most profitable. We can't base our understanding of constitutional rights on whether Meta decides to defend them. | | |
| ▲ | otterley 2 days ago | parent [-] | | There was no "PGP decision." You're making that up. | | |
| ▲ | DennisP 2 days ago | parent | next [-] | | Maybe try google before making statements like that. The decision was Bernstein vs. US. Prior to that, export controls prevented PGP source code from being exported from the US. Advocates printed it in books and exported those, which helped clarify the issue. Bernstein was a math student who made his own encryption software. The government tried to make him register as an arms dealer, and he sued in 1996, with the backing of the EFF. The result was a landmark decision that established source code as free speech and basically destroyed export controls on cryptography. In 2016, Apple cited the decision when the government tried to hack a suspect's phone, saying they couldn't be compelled to "speak" by writing code. | | |
| ▲ | otterley 2 days ago | parent | next [-] | | It is you who needs to do your research. That was not PGP. The Bernstein case was about Snuffle. In that very same case, the Ninth Circuit Court of Appeals said: "We emphasize the narrowness of our First Amendment
holding. We do not hold that all software is expressive. Much of it surely is not. Nor need we resolve whether the challenged regulations constitute content-based restrictions, subject to the strictest constitutional scrutiny, or whether they are, instead, content-neutral restrictions meriting less exacting scrutiny. We hold merely that because the prepublication licensing regime challenged here applies directly to scientific expression, vests boundless discretion in government officials, and lacks adequate procedural safeguards, it constitutes an impermissible prior restraint on speech." | | |
| ▲ | DennisP 2 days ago | parent [-] | | Yes, I mentioned that Bernstein made his own software. But that was in the context of a huge public controversy over encryption regulations, mostly focused on PGP, and after the Bernstein decision, the Clinton administration eased up on export restrictions and moved them to the Commerce department. Junger vs Daley strengthened the Bernstein decision, ruling that all source code is protected speech. https://en.wikipedia.org/wiki/Junger_v._Daley | | |
| ▲ | otterley 2 days ago | parent [-] | | Yes, Junger v. Daley held that source code is speech for the purpose of First Amendment analysis in the Sixth Circuit. (The question has not yet been presented to the Supreme Court.) But the inquiry doesn't stop there. First Amendment jurisprudence doesn't stop at asking the question "is this speech?". That's just a threshold question. If the answer is "no," then the case is analyzed one way. If the answer is "yes," then the case analyzed a different way. Think of it like a decision step in a flowchart. Code being treated as speech doesn't automatically mean that software developers can do whatever they want, just like it doesn't mean that people who write, draw, make music, etc. can do whatever they want. It's not the magic unassailable defense you claim it to be. Courts will apply a balancing test to determine whether the Government's interest in prohibiting the speech outweighs the Constitutional interest in protecting it. The answer comes out different ways depending on the facts and the law, which is complicated. For example, it's unlawful to make and distribute CSAM. It's unlawful to defame someone. It's unlawful to defraud someone. It's unlawful to violate others' copyrights. You have to label food and medicine a certain way. These are all forms of speech, but the courts have held that none of these restrictions (or requirements) violate the First Amendment. And I don't think we'd all be cheering someone on and claiming "code is speech" for someone who writes ransomware or software whose sole purpose is to drain your bank accounts or shut down power plants. | | |
| ▲ | DennisP 2 days ago | parent [-] | | I didn't claim it's a magic unassailable defense. I claimed, contrary to the previous comment, that it's a valid defense. Maybe the courts will carve out a new exception for some particular type of code, maybe they won't, but what they certainly won't do is laugh at you for defending your code on free speech grounds. Just because a legislature passes a law doesn't mean the courts will agree that the law is valid under the Constitution. And the bar for compelling any particular speech is generally quite high. Apple could not be compelled to put a backdoor in an iPhone, even though the suspect was the San Bernardino shooter, and this did not result in Apple losing their ability to sell iPhones. The courts may well hold that you can't compel a Linux distro to implement a particular feature either. | | |
| ▲ | kube-system a day ago | parent | next [-] | | > And the bar for compelling any particular speech is generally quite high. Apple could not be compelled to put a backdoor in an iPhone, even though the suspect was the San Bernardino shooter, and this did not result in Apple losing their ability to sell iPhones. The courts may well hold that you can't compel a Linux distro to implement a particular feature either. That's an entirely different situation because Apple couldn't have complied with silence. A product compliance requirment doesn't typically count as compelled speech because you can comply with silence. For instance, COPPA is a very similar law, and it is not compelled speech, because nobody is forcing you to write software that checks if users are 13 or older. You can comply with COPPA by simply not writing software that collects data from users that are under 13. You are not being compelled because you literally have the option not to do it. That is exactly the same in this case. | |
| ▲ | otterley 2 days ago | parent | prev [-] | | This may be a matter of semantics. To me, a “valid defense” is a defense that always prevails—for example, that truth is a defense to a defamation claim in U.S. law. The rest, I call “possible defenses.” Another possible definition, one you may have meant, is that there's a set of "invalid defenses" that could not possibly work, and the remainder are "valid" even if they might not prevail. | | |
| ▲ | voakbasda a day ago | parent [-] | | The courts are not deterministic. There will never be a universally valid defense, because crimes are not fungible. There can always be circumstances that change how the facts are interpreted. |
|
|
|
|
| |
| ▲ | busterarm 2 days ago | parent | prev [-] | | That wasn't PGP, it was Snuffle. |
| |
| ▲ | busterarm 2 days ago | parent | prev [-] | | Correct. This is so wildly misunderstood. Zimmermann was investigated for 3 years but formal charges were never filed. |
|
| |
| ▲ | greyface- 2 days ago | parent | prev | next [-] | | > Being unable to comply is not a valid legal defense. Sure it is. Lawyers even have a pithy Latin maxim about it: lex non cogit ad impossibilia. | | |
| ▲ | kube-system 2 days ago | parent [-] | | If you could stop doing that thing, it isn't an impossibility under lex non cogit ad impossibilia. | | |
| ▲ | nemomarx 2 days ago | parent [-] | | what could they be compelled to stop doing here? Mechanically speaking, I mean. I can imagine fines or contempt of court, etc But how would you remove an international distro from "the marketplace" if it's free and not operating a business? | | |
| ▲ | kube-system 2 days ago | parent | next [-] | | It's not that complicated. If there's a law that says "Anyone who distributes X must also Y" and you can't figure out a way to continue distributing X while also doing Y, the way you comply with the law is that you stop distributing X. | | |
| ▲ | DoctorOetker 2 days ago | parent | next [-] | | None of this answers the question: even if @Irvick stops distributing or participating in any way with this "stagex" distro, that "stagex" distro continues its life outside of the jurisdiction, at most you start treating it like contraband drugs within your jurisdiction. With LLM's anyone will be able to disengage such "default wars" in popular software, so there isn't really any border control when LLM's form a large surface area of the border. | | |
| ▲ | kube-system 2 days ago | parent [-] | | That’s always been the case for things distributed on the internet. It’s irrelevant in terms of evaluating one’s personal compliance with the law. | | |
| ▲ | DoctorOetker a day ago | parent [-] | | > It’s irrelevant in terms of evaluating one’s personal compliance with the law. That's precisely what I discussed: the case where this person fully complies and ceases distribution (but the distro doesn't cease being distributed by others). | | |
| ▲ | kube-system a day ago | parent [-] | | So what? That's how all laws work. What if I don't rob my local convenience store, but someone else does? Don't make the mistake of logically getting caught up on the idea of laws "preventing crime". They never have, and they never will. The deter crime by providing for penalties when someone breaks the law. | | |
| ▲ | DoctorOetker 17 hours ago | parent [-] | | But they don't deter crime when people outside of the jurisdiction, or anyone inside the jurisdiction can provide for themselves with the help of LLM's. | | |
| ▲ | kube-system 38 minutes ago | parent [-] | | Every law only applies inside of the jurisdiction where it applies. That's the nature of how political boundaries work, it has nothing to do with LLMs. |
|
|
|
|
| |
| ▲ | PaulDavisThe1st 2 days ago | parent | prev [-] | | "Distributing" is doing a lot of work here. A file hosted on foreign server might functionally be a system to "distribute" that file, but it is doubtful if a US state could prevent it from existing. They could theoretically order US ISP's to cease providing access to said file, but that's a rabbit hole I'm not sure that Illinois or any other state really wants to go down. | | |
| ▲ | kube-system 2 days ago | parent [-] | | Yes, most any law is primary enforced against people within the same legal jurisdiction. It matters less where the server is and more where the relevant people/organizations/assets are. Major OS providers, including major Linux distributions, are all within reasonable reach of Illinois law. It’s probably less relevant if you’re a hobbyist working on Hannah Montana Linux on the other side of the planet. |
|
| |
| ▲ | wtallis 2 days ago | parent | prev | next [-] | | If anyone is distributing it within Illinois jurisdiction (or maybe even distributing it elsewhere while maintaining a business presence in Illinois), they could be at risk of qualifying as an operating system provider under Illinois law. | | |
| ▲ | taneq 2 days ago | parent [-] | | How does that work with data on a server outside of the jurisdiction, that’s freely available to download and re-upload? The ‘local legal presence’ thing might work, but then what if they only distribute it on (say) a thumb drive, sent outside the jurisdiction, which is then uploaded by a third party? This whole thing seems unenforceable (or worse, arbitrarily enforceable). | | |
| ▲ | kube-system 2 days ago | parent [-] | | A court will care about what you do in the jurisdictions where it has power over you. What anyone else does is their problem, not yours. Some oddball Linux distro really has no relevance to the larger picture that lawmakers are trying to accomplish though. The vast majority of kids are using iphone/android/mac/chromebook/windows. Basically zero are using esoteric container images to access TikTok. | | |
| ▲ | hellojesus a day ago | parent [-] | | But wouldn't this type of law drive youth to using more exotic distributions to get around the issue? It's not far fetched to think that kids will just live boot from tails or another distro to visit socials and circumvent this rule. Plus with unlocked pixel bootloaders it would be trivial for them to petition their parents for a pixel, hard reset it, unlock the bootloader, install grapheneos via the web installer, and then be on their way. If parents don't know how to monitor their kids I doubt they'll notice grapheneos not being base android. | | |
| ▲ | kube-system a day ago | parent [-] | | What is this bill blocking that kids want so bad that they'd go through the trouble to do that... and lose blue bubbles with their friends? The ability to receive specifically unsolicited DMs from adult strangers? Opting in to behavioral tracking? This bill doesn't block social media for kids... I expect their response to be simply that they keep using social media on their phone the way they already do. | | |
| ▲ | hellojesus 17 hours ago | parent [-] | | Perhaps I'm just too old and don't use mainstream socials outside of HN, but when I was growing up the very act of knowing I was on a "child" account was reason to break out of it alone. I broke a lot of operating systems that way but also got good at repairing them. Jailbreaking was normal. War driving was normal. Breaking WEP just because you could was normal. Later, watching your neighbors go crazy over the fence as you deauthed their devices from their network was normal. It was just part of being a kid and having fun learning about the world. | | |
| ▲ | kube-system 36 minutes ago | parent [-] | | By far the vast majority of children did not have that experience in the past, nor do they today. |
|
|
|
|
|
| |
| ▲ | otterley 2 days ago | parent | prev [-] | | Same way anything else gets pulled from distribution. You shut down the servers, destroy keys, remove files, etc. Sure, the files may remain in circulation from unofficial sources, but that's not your problem, as long as you're no longer facilitating it. | | |
| ▲ | lrvick 19 hours ago | parent [-] | | We are fairly unique for a Linux OS in that we have no central servers, and there are no central keys, and no central entity to even send a C&D to. Everything is a quorum of privately owned hardware, so truly I do not know what mechanism they could even try. |
|
|
|
| |
| ▲ | tessierashpool 2 days ago | parent | prev | next [-] | | > If "free speech" was a valid defense for you, then Meta would be doing the same. Meta lobbied heavily for this. The fact that they have not decided to use free speech to fight the move that they are lobbying for is not an argument that free speech is irrelevant here. This is not legal advice but a personal request: please do not get your legal advice from Hacker News. Get it from a lawyer. | | |
| ▲ | lrvick 2 days ago | parent | next [-] | | Meta is a company. I am an individual. | |
| ▲ | kube-system 2 days ago | parent | prev [-] | | Alright, then let me rephrase: > If "free speech" was a valid defense to any legal compliance laws that affect software, then any software company would raise this defense this rather than comply. | | |
| ▲ | DennisP 2 days ago | parent [-] | | And in fact, Apple in 2016 went to court rather than comply with the government's order to put a backdoor in the iPhone, and they argued their case in part on free speech grounds. Whether other companies do the same depends on what they consider the most profitable path, including legal fees and risk. | | |
| ▲ | otterley a day ago | parent [-] | | Don’t read too much into the Apple case. There was no precedent set by that. The FBI withdrew their demands after they found a different mechanism to obtain what they needed. | | |
| ▲ | DennisP a day ago | parent [-] | | Of course there was no precedent set. They were using a precedent that had already been set. We'll never know how it would have turned out, but the previous comment implied that corporations always comply rather than going to court on the grounds that code is speech, so I posted a well-known counterexample. |
|
|
|
| |
| ▲ | nobody9999 2 days ago | parent | prev | next [-] | | >If "free speech" was a valid defense for you, then Meta would be doing the same. Is that some sort of in joke? Meta loves more surveillance, more data and more info about their vassals^W users. I'm sure their lobbyists were pushing hard to get this law passed. | |
| ▲ | s3p 2 days ago | parent | prev [-] | | [dead] |
| |
| ▲ | otterley 2 days ago | parent | prev | next [-] | | The concern here is probably with the shipping of the product (i.e. the binary artifacts), not the code itself. I can imagine a situation in which you could continue to make the code available, but could not produce a shippable artifact from it that Illinoians could access. | | |
| ▲ | lrvick 2 days ago | parent [-] | | If they are successful at doing so, then those distribution methods were too brittle. I expect in response one of the maintainers outside US jurisdiction of their own volition publishes via bittorrent, tor hidden services, and embedding blobs in public blockchains with no help from me. Then the problem the legislators sought to solve just got a lot worse, while calling a lot of attention to how little power they actually have to control decentralized FOSS software projects. Of course another point of the project is building the entire thing from source code with deterministic results only takes a few hours. For many, this would be faster than downloading artifacts. It is not needed for maintainers to publish binaries at all. Publishing signatures on the expected hashes would suffice at worst. | | |
| ▲ | kube-system 2 days ago | parent [-] | | The person you replied to is using "could"/"could not" to mean "would comply with the law"/"would not comply with the law" Nobody here is saying that anyone is going to swoop in and physically prevent this software from being distributed on the internet. > Then the problem the legislators sought to solve just got a lot worse, while calling a lot of attention to how little power they actually have to control decentralized FOSS software projects. The legislators who passed this don't give a shit about that. Their intended target of this legislation is mainstream devices and mainstream users. | | |
| ▲ | lrvick 2 days ago | parent [-] | | Agreed. They are never going to actually come for niche Linux distros. All the more reason I am pushing back on all the fear. The correct response from the Linux community is to say "fuck off", and get back to making their distros more secure, more private, and easier to use. | | |
| ▲ | kube-system 2 days ago | parent | next [-] | | Major distros will comply because they want to sell their services in Illinois. I don’t think noncompliance of a container image is much of a “fuck you” since I don’t think lawmakers have ever heard of you nor would they really care about your compliance anyway. This bill is primarily about kids using smartphones. | | |
| ▲ | lrvick a day ago | parent [-] | | Containers, desktop, server. We do all of it. Anyway. Kids are an excuse to get it passed. It is about testing the waters of how much control can be exerted by government on end user devices, and we need all maintainers to hold the line. |
| |
| ▲ | otterley 2 days ago | parent | prev [-] | | [flagged] | | |
| ▲ | iamnothere 2 days ago | parent [-] | | I see you’ve moved on to personal attacks, failing the “friendly advice” angle. | | |
| ▲ | otterley a day ago | parent [-] | | "Don't be an Internet Tough Guy" is among my friendly advice. People can see right through it, and it often works against you. |
|
|
|
|
|
| |
| ▲ | singleshot_ 14 hours ago | parent | prev | next [-] | | No, not all code is constitutionally protected free speech. Generally speaking, code can be considered speech, but it can also be considered defamation, a munition that could not be exported, a dangerous device that a convicted person could not possess, or a number of other Very Bad Things that could get a fella in a jam. Look to Universal Studios v. Corley for an example of code (speech) that is nonetheless not free, because the government has an interest and can regulate subject to intermediate scrutiny. > Truly I dare someone to try to take me to court over this. Would be great publicity for our coercion resistant approach. IANYL but that’s commendable. Ain’t a lot of people got a code to live by anymore. But it’s double the reason you should touch base with an attorney. Remember this: test cases have to know what they’re testing. If you want to move the law forward you have to break it correctly. | |
| ▲ | pornel 2 days ago | parent | prev | next [-] | | Technical solutions may be seen as kindly as handcuffing yourself to something when told to leave. "I can't, I've made it impossible for myself to obey the law". They might not be able to break your private keys, but they can fine you or jail you for not complying. | | |
| ▲ | lrvick 2 days ago | parent [-] | | I could, at worst, resign from the project. International maintainers would carry on the work, but I will never be compelled to write code I do not wish to write. |
| |
| ▲ | aleph_minus_one 2 days ago | parent | prev | next [-] | | > No need to hack the law. Our FOSS code is constitutionally protected free speech and I would defend on those grounds. "Der Proceß" [The Trial] by Franz Kafka is just a realistic description of the court system (Franz Kafka studied law). | |
| ▲ | wkrsz 2 days ago | parent | prev [-] | | What if you "complied" and released your personal version/fork with age verification that no one would use? | | |
| ▲ | lrvick 2 days ago | parent [-] | | I could probably play games like this, but I outright do not believe this law is constitutionally valid, and believe it must be challenged by anyone they try to wield it against. I would refuse to even give the appearance of compliance in hope to motivate others to do the same. |
|
| |
| ▲ | JoshTriplett 2 days ago | parent | prev | next [-] | | > Again, speak with your attorney. Do not try to "hack the law" yourself; many who have tried have regretted it later. Also reach out to the EFF, who may be able to help/advise, especially if you genuinely want to fight this. This is a terrible law. That doesn't mean it's not a law, and courts do not look kindly on people subject to their jurisdiction (which unfortunately often includes state laws to people in other states) who try to dodge the responsibility the court thinks they should have. | | |
| ▲ | lrvick 2 days ago | parent [-] | | If someone is stupid enough to try to target me over my open source Linux contributions, the EFF would be my first call. |
| |
| ▲ | blurbleblurble 2 days ago | parent | prev | next [-] | | Or maybe we're at the point where we'll go to prison because of unjust laws. | | |
| ▲ | otterley 2 days ago | parent [-] | | You first! | | |
| ▲ | blurbleblurble 2 days ago | parent [-] | | With all due respect I sense that you might be neglecting the big picture. Unjust laws, slopped out illegal orders and an extreme activist court are all in play. | | |
| ▲ | otterley 2 days ago | parent [-] | | Those are valid opinions. However, I also see a lot of bluster here about going to prison for their beliefs from people who wouldn't last a minute behind bars. | | |
| ▲ | lrvick 2 days ago | parent | next [-] | | People used to have to die in masses for freedoms in this country. If the worst thing one could face for defending freedoms is some jail time until bail gets posted while the law determines their innocence then anyone who caves to pressure anyway is a complete coward. And, since you seem to be making assumptions about what people you know nothing about could or could not hypothetically handle, maybe look a bit closer at my history. I have survived WAY harder shit than sitting in an air conditioned box with 3 squares a day for doing what I thought was right, so even if the threat of jail was credible, it would not deter me. It is the bluster of people that think I even could be jailed for something like this that I am most amused by. Truly it is fascinating and a bit sad how much fear there is in this thread over upsetting some state level officials. | |
| ▲ | iamnothere 2 days ago | parent | prev [-] | | Given your comment history, I suspect that you are sympathetic to these laws and you’re trying to prevent people from opposing them, using your “friendly advice” as cover. Believe it or not, there are plenty of people in the US willing to go to jail (or worse) for their beliefs. It’s kind of the founding mythology of the nation. US history is full of people who successfully challenged violations of their rights and government overreach. Success isn’t guaranteed, sure. It never is. But cowering in fear because the tyrants might put you behind bars is downright un-American. | | |
| ▲ | otterley 2 days ago | parent [-] | | Not at all! I think these laws are dumb and I don't want my state to pass one. But when I play, I play to win. Openly thumbing one's nose at the courts and the state is rarely a winning strategy. The way to win is through the democratic process: persuading elected officials to take your side. That, in turn, requires persuading the public to take your side. | | |
| ▲ | iamnothere 2 days ago | parent | next [-] | | Ok, fine, but what you fail to recognize that taking a loud public stance against tyranny provides cover for people who are too scared to stand up for their beliefs. Successful civil rights activism took place in an environment where people were being arrested, beaten, and even killed for standing up for what is right. You could even argue that this created fertile ground for the success of the movement. Failures of justice create hardened activists and support networks, and eventually public support. | | |
| ▲ | otterley 2 days ago | parent [-] | | Comparing the "oppression" of a programmer who is forbidden from distributing an OS that fails to ask the user's age to the actual suffering of Black people in the U.S., who were regularly discriminated against and even lynched, is ridiculous. You'll never persuade ordinary people of this, that way. | | |
| ▲ | iamnothere 2 days ago | parent | next [-] | | Average people will come around when they start passing laws requiring deanonymization and arresting journalists and critics. (The latter is already happening, but I expect this to accelerate in the future.) Need to lay the groundwork for opposition now, and that means rallying dedicated people to the cause. | |
| ▲ | blurbleblurble a day ago | parent | prev [-] | | Since when was surveillance disconnected from civil rights? Since never. |
|
| |
| ▲ | DennisP 2 days ago | parent | prev [-] | | On the contrary, civil disobedience involves openly thumbing your nose at the state, and it has a long history of successes. Going to the courts instead of the legislature is another strategy that often wins. This is how Bernstein ended export restrictions on cryptography, by suing the government on constitutional grounds rather than trying to persuade legislators. | | |
| ▲ | otterley a day ago | parent [-] | | 1. Civil disobedience has worked when the timing and circumstances are right, and there is a just cause and clear pattern of oppression that engages the sympathies of a broad swath of people. That is rare. Most of the time, civil disobedience has been ineffective. Remember Occupy Wall Street? Black Lives Matter? The violence that coincided with them was a major turn-off for most Americans. About the only one in recent memory that was successful was gay rights, and even that was a result of evolving social mores and media portrayal, not disobedience. It required a tremendous amount of patience: the Stonewall uprising was in 1969; All in the Family had TV's first portray of an openly gay character in 1971; and the Obergefell v. Hodges decision that legalized gay marriage was in 2015--46 years after Stonewall--and even that was a 5-4 decision. 2. Openly thumbing your nose at the law is not going to serve you well in court. What did Prof. Bernstein do when he was threatened with legal sanctions? He lawyered up and took his counsel's advice. His communications throughout the process remained factual and respectful even though his disagreement was clear. He did not go onto Hacker News and prejudice himself by saying things like "Illinois legislators can eat shit" and "I dare someone to try to take me to court over this." He was patient, let his lawyers do the talking, and did not get the judge pissed off at him. Civil disobedience, as with the legislative and judicial processes, works through the power of persuasion. If you fail to persuade, your mission fails. These processes involve emotional and imperfect people, not deterministic logical machines, and success ultimately requires making them happy (or at least not making enemies out of them). The system might not work, but you have to work the system. | | |
| ▲ | lrvick a day ago | parent [-] | | Totally reasonable take for a pragmatic career lawyer. But I am not a lawyer or a politician and I could not care less if I lose political points with people trying to exert control over the function of software on peoples private devices under some obviously bullshit "save the children" narrative. I am an active FOSS maintainer who wishes to protect the privacy, security, and sovereignty of users of community owned operating systems. My goal is to signal to them that we find these types of laws so completely ridiculous and unenforceable, that they should worry less about maintainers injecting state malware into their operating systems. Also it is to signal to other maintainers they will not be alone in resisting this. With those goals in mind I am happy to tell any legislators pushing this sort of thing, to eat shit. | | |
| ▲ | otterley a day ago | parent [-] | | > But I am not a lawyer or a politician Neither is Prof. Bernstein. The observation is not oriented to lawyers or politicians; it is oriented towards how to succeed when judges and politicians make the rules. | | |
| ▲ | lrvick 20 hours ago | parent [-] | | When a rule is made that has any mechanism for compliance, I will think on this advice, but the law we are talking about is a joke, so I will just laugh at it. |
|
|
|
|
|
|
|
|
|
| |
| ▲ | s3p 2 days ago | parent | prev | next [-] | | I'd trust the judgement on an open source maintainer on how to best maintain their code. Your comment seems like it was made out of genuine concern but I think you need a lawyer too before you can argue this with certainty | |
| ▲ | 2 days ago | parent | prev | next [-] | | [deleted] | |
| ▲ | graceful6800 2 days ago | parent | prev [-] | | There is no "market" |
| |
| ▲ | mebizzle 2 days ago | parent | prev | next [-] | | Thank you for fighting the good fight. | |
| ▲ | 2 days ago | parent | prev | next [-] | | [deleted] | |
| ▲ | rsyring 2 days ago | parent | prev | next [-] | | Thank you. | |
| ▲ | 28304283409234 2 days ago | parent | prev | next [-] | | Honey, that just means you cannot ship. | |
| ▲ | polski-g 2 days ago | parent | prev | next [-] | | If you're in the ninth circuit you're safe because of Bernstein v DoJ. | | |
| ▲ | DennisP a day ago | parent [-] | | If you're in the sixth circuit you're even safer because of Junger vs Daley. | | |
| ▲ | otterley a day ago | parent | next [-] | | Stop it. This is not something either of you are competent to provide legal advice about. Anyone concerned about this should consult a licensed attorney, not get advice from randos on HN. | | |
| ▲ | lrvick a day ago | parent | next [-] | | I for one found two new cases to read about, and appreciate their comments. Anyone should be free to research, discuss, and try to understand the law for themselves. Lawyers do not own the law. But if actually pulled into a courtroom, sure, get a lawyer. | | |
| ▲ | otterley a day ago | parent [-] | | > Anyone should be free to research, discuss, and try to understand the law for themselves. Lawyers do not own the law. This isn't mere research and discussion; it's suggesting an outcome (i.e., "you're safe[r]"). That crosses a line into advice. > But if actually pulled into a courtroom, sure, get a lawyer. By the time you get pulled into a courtroom, it is often far too late. The time to talk to an attorney is well before that, when you’re contemplating action. That is the main point I’ve been trying to make, and it seems you just don’t want to pay heed. Yes, you've said multiple times that you're not afraid of the consequences, but you'll forgive me if I don't believe you. History is replete with people who regretted their actions once prosecutorial actions were commenced and punishments meted out. Defending oneself is expensive, and convictions impact not just the guilty but also their career and family. Ultimately, it's your life and you have to live with the decisions you make. (And, possibly, your family, should you have one.) Your bluster and actions may not harm you in this specific instance because you’re involved with a project too small to attract a prosecutor’s attention, but it doesn’t make my caution any less valid. It may not persuade you, personally, but hopefully others who read this will get the message. | | |
| ▲ | lrvick 20 hours ago | parent [-] | | Tens of billions of dollars of infrastructure run on top of stagex, but I remain happy to ignore an unconstitutional, unenforceable, and badly worded law that does not and can not apply to me all the same. They will be successful at forcing corporate operating systems like MacOS, Windows, and maybe RedHat, but they have no power to compel code being added to independent international volunteer maintained open source operating systems maintained. For projects with no legal entity like Stagex, arch, alpine, etc... we do not have to comply and there is no legal mechanism that exists to make us. Who would you even target? All maintainers have equal power, and cannot make changes alone. Especially not changes we do not want, for free. I think the legislators should PR age verification code to all open source operating systems on their own dime, so we can ridicule them mercilessly before closing them as WONTFIX. | | |
| ▲ | otterley 20 hours ago | parent [-] | | > Tens of billions of dollars of infrastructure run on top of stagex Oh, this I've got to see. Show us the receipts. | | |
| ▲ | lrvick 19 hours ago | parent [-] | | Several fintech companies, blockchains, operating systems, and server operating systems use stagex as a foundation because it is the only fully deterministic and multi-party verifiable OS stack that exists, built to resist supply chain attacks be they by politicians, blackhats, or AI bots. Look at my companies I work with via Distrust, and my resume. Most use stagex for their security critical operations, though I am unable to say which ones specifically. NDAs and all that. You could figure out a few of them if you looked. I can tell you many many fortune 500 companies are relying on stagex for security critical use cases, and most are probably not even aware of it as they consume projects that wrap or build on stagex. |
|
|
|
| |
| ▲ | DennisP 13 hours ago | parent | prev [-] | | Dude everybody here is smart enough not to rely on internet comments for their legal advice. You don't have to be the gatekeeper. The guidelines say what's on topic here is "anything that good hackers would find interesting," and the free speech protections of source code definitely qualify. | | |
| ▲ | otterley 12 hours ago | parent [-] | | > Dude everybody here is smart enough not to rely on internet comments for their legal advice If only that were true. I've seen people take the law into their own hands far too often, among other bad decisions based on Internet conversations. I'm going to repeat this exhortation every time I see someone armchair lawyering. | | |
| ▲ | DennisP an hour ago | parent [-] | | HN != all of internet. "Don't give legal advice" != "never discuss the law." We live in a democracy. Every citizen is ultimately responsible for deciding what the law should be. It follows that we should talk about what the law currently is. |
|
|
| |
| ▲ | a day ago | parent | prev [-] | | [deleted] |
|
| |
| ▲ | EA-3167 2 days ago | parent | prev [-] | | I respect your principled stance on one hand, while on the other I’m amazed that someone as successful as you hasn’t learned that logic doesn’t dictate how governments work. Don’t make a target of yourself, there are countless ways for a government to make your life miserable. | | |
| ▲ | lrvick 2 days ago | parent [-] | | I will never show fear to tech-illiterate bullies trying to compromise constitutionally protected rights. That is how freedoms get quietly lost. Users need to see that the people in positions of influence in FOSS projects they trust are not afraid of this bullshit. I -hope- someone is stupid enough to take a case like this to court so we can establish some much needed case law here. These overreaches deserve to be contested. | | |
| ▲ | JoshTriplett 2 days ago | parent | next [-] | | > I will never show fear "never show fear" and "never engage intelligence" are two different things. Understand what people will do in response to your actions, and act accordingly to achieve the outcomes you want. Please by all means fight the law, and do so intelligently in a way that will actually help. | | |
| ▲ | dooglius 2 days ago | parent [-] | | Can you be specific in how you think he is behaving unintelligently, and what you think that people will do in response to his actions? | | |
| ▲ | otterley 2 days ago | parent | next [-] | | I'll bite. His statements in this very forum could he used against him as evidence of intent to violate the law, should he be prosecuted someday. There's a reason why lawyers generally advise their clients to remain silent. | | |
| ▲ | dooglius 2 days ago | parent [-] | | > There's a reason why lawyers generally advise their clients to remain silent. Most people prioritize their finances (and non-imprisonment) over their rights, and attorneys will optimize for that expressed preference. GP has clearly indicated his priorities are different. That has nothing to do with intelligence. Someone having a different set of values than you does not constitute unintelligence on his part. | | |
| ▲ | kube-system 2 days ago | parent [-] | | GP said they wanted to take it to court. I presume that means they wanted to win, in which case the best strategy is to discuss the issue in private with an attorney before making public statements that could undermine your ability to win. If the actual priority here is advocacy, with no real desire to litigate, then I'd buy that. | | |
| ▲ | lrvick a day ago | parent | next [-] | | I am calling a bluff as a form of advocacy. There will never actually be any litigation because this law is a joke and should be treated as such. | |
| ▲ | JoshTriplett 2 days ago | parent | prev [-] | | Exactly. More power to anyone who wants to fight this. But if the goal is to win that fight, do a better job of fighting, rather than acting like "oh, I have a structure that prevents me from complying" will somehow magically make a court go "eh, nothing we can do". |
|
|
| |
| ▲ | lrvick 2 days ago | parent | prev | next [-] | | No one is asking me to add code to stagex right now, so there is no actual legal situation I am in. I am not even an owner of the project, I founded the project, but am now just one of many volunteer contributors. Are they going to mandate wikipedia volunteers alter pages to state guidelines as well? We must not be afraid of stuff like this. It is blatant overreach I do not expect would stand legal challenge. I am simply saying I would refuse to write code I do not want to write. I am honestly surprised people think this is such a scary thing to say. The point of saying this publicly is not in order to harm or help my own defense of a court order from another state I will probably get. It is to signal to legislators that if they decide to take this fight, it will be done with people not afraid to do it all in public to establish public trust. It is not even okay that people -think- it is possible for our FOSS projects to be altered or backdoored by any random state officials. What next, asking Torvalds to add KYC to the kernel? | |
| ▲ | lovich 2 days ago | parent | prev [-] | | Pretending like technical limitations protect him from being in violation of the law like another commentator made an analogy to handcuffing yourself to property you were told to leave? His comments on this thread itself which establish intent to not comply with the law? All power to him for going with his morals but he’s making unforced errors and should instead be contacting one of the several activist legal firms that would at least give him advice on how to protect himself and not follow through with this law if not outright pro bono legal defense. |
|
| |
| ▲ | otterley 2 days ago | parent | prev | next [-] | | > constitutionally protected rights Wait, which constitutionally protected right is that? I'm an attorney and constitutional scholar and am particularly interested in what right you believe is being violated here. | | |
| ▲ | misphrasing 2 days ago | parent [-] | | Code is speech. Forcing someone to implement something is legally-compelled speech, assuming no complicating factor like commerce. | | |
| ▲ | hnlmorg 2 days ago | parent | next [-] | | I’m not a lawyer and even I know that argument would never hold up given the plethora of other laws that have been implemented through software. Not to mention copyright and patent claims too. | | |
| ▲ | lrvick 2 days ago | parent [-] | | Being afraid and hoping you are never forced to add code to a project you do not want to add is letting the chilling effects work as designed. We need to all loudly and publicly say "Fuck off, I will defend my rights if needed", so they understand how expensive the fight is going to be. Fear is power. Do not give your enemies power. | | |
| ▲ | hnlmorg 2 days ago | parent | next [-] | | People don’t disagree with your moral position. The problem is you’re bringing a butter knife to a drone fight. There are more effective ways protest this law than posting punk-rhetoric on a nerd forum for a project that will likely fly under the governments radar anyway. | | |
| ▲ | iamnothere 2 days ago | parent [-] | | Public expressions of defiance are motivating to people who don’t yet recognize that they have allies. | | |
| ▲ | lrvick 2 days ago | parent [-] | | At least one person understands my intentions. You made my day. | | |
| ▲ | iamnothere a day ago | parent [-] | | There are more of us than it appears, but we usually don’t speak out. Thanks for making a stand. | | |
| ▲ | hnlmorg a day ago | parent [-] | | We get their intentions. We just disagree with the effectiveness of it. Posting rhetoric on an anonymous message board is not making a stand. If and when they’re doxxed by US media outlets, and slapped with life-changing court orders, with their work and families directly affected by their decisions; then they’re making a stand. But until that point, their words are as meaningless as their view of this law. Eg I can confidently say I’m not going to comply with this law either. But you have no reason to assume that will make any difference nor that I wouldn’t fold the moment I’m put under the slightest amount of pressure. If people really wanted to make a stand then they’d be drumming up support in real life, not anonymously. They’d be speaking to government representatives. They’d be raising financial support for lobbying change. I’m old enough to have lived through multiple iterations of unpleasant laws being passed and each time a movement against it has been online-only, that protest has achieved nothing. So I know the real reason this maintainer is speaking as boldly as they are is because they know the government hasn’t heard of them nor their distro. Ie it’s a “making a stand” by doing exactly nothing. But it will also achieve exactly nothing too. | | |
| ▲ | lrvick a day ago | parent [-] | | Who needs to dox me? I am a using my legal name on here and am super easy to look up. This law is stupid and I gleefully and openly mock it and those that think it is enforceable under my well known public identity. No one should take these unenforceable overreaches seriously. People will be jailed for not putting age verification code in software as soon as they will for piracy, or owning a 3D printer without gun-detecting spyware. It is a fear tactic with no ability to enforce. My message here should be pretty clear: Open source international community owned operating systems can just completely refuse to comply and nothing will happen to them. | | |
| ▲ | iamnothere a day ago | parent [-] | | Historically, mockery is also the best weapon against authoritarianism. It demonstrates that the state can’t control every aspect of citizens’ lives, especially their beliefs and attitudes. And if the state attempts to exert control, the mockery can be moved towards the subtle, forcing ever-more ridiculous actions like banning people from holding blank sheets of paper (China, UK). This demonstrates weakness, which encourages others to join. In China at least, the blank paper protests were successful in making the government loosen up its extreme “zero-COVID” policies (welding shut the gates of apartment buildings, sealing off cities, etc). | | |
| ▲ | otterley a day ago | parent [-] | | Historically, armed conflict has proved to be the best weapon against authoritarianism, not mere mockery. The American Colonies had to fight a war to gain independence from Britain. The Third Reich was defeated by Allied soldiers. The Japanese emperor was defeated by nuclear bombs. Dictators in Algeria, Cuba, Vietnam, Angola and Mozambique, and Libya were all toppled by armed uprisings--the list goes on. The "blank paper protests" might have been effective at persuading the Chinese government to undo some measures, but that government is no less authoritarian and repressive than it ever was. | | |
| ▲ | iamnothere a day ago | parent [-] | | Are you really suggesting that armed conflict would be a better option here? Armed conflict is a last resort. It often leads to mass death and destruction, and just as often leads to worse authoritarianism, as in the French, Russian, and Chinese revolutions. Mockery was very successful in maintaining morale among oppressed groups in both Nazi and Soviet Europe, as well as in many Latin American dictatorships, in times when armed rebellion wasn’t a realistic option. It was also effective during the Yugoslav Wars (Otpor) and the Vietnam War (inside the US). If mockery weren’t an effective weapon, political cartoons and political satire (and establishment attacks on them) wouldn’t exist. | | |
| ▲ | otterley 21 hours ago | parent [-] | | > Are you really suggesting that armed conflict would be a better option here? Of course not. I'm simply refuting your assertion that "mockery is...the best weapon against authoritarianism." > If mockery weren’t an effective weapon, political cartoons and political satire (and establishment attacks on them) wouldn’t exist. Mockery can be effective in inspiring others to topple authoritarian regimes or amass public support for doing so. But it is rarely, in and of itself, the weapon that does it. It's better thought of as a catalyst. I'll also remind you that we still live in a democracy, not an authoritarian regime, despite whatever characterizations people make about our leaders (and some certainly might lean toward authoritarian if the Constitution allowed them to). The most effective means of change in a democracy are persuading voters and politicians. Mockery can help here, to the extent it engenders the sympathies of the larger population. That doesn't seem likely, though, given the content I've seen in this thread. | | |
| ▲ | lrvick 20 hours ago | parent | next [-] | | Given my comments were in the top ten highest voted of the day, it encourages me that a -lot- of people think this law is dumb and ideally some subset of them will fight it with me. Some of us with mockery, and hopefully some with legal and political talent behind the scenes. I am just a mascot pointing and laughing at a stupid unenforceable law with scary intentions. The real fight is likely to be fought by legal professionals, not me, and that is fine. My job will be to keep shipping changes that protect user privacy and security because that is what my skillset is for. | | |
| ▲ | otterley 20 hours ago | parent | next [-] | | > Given my comments were in the top ten highest voted of the day One comment was, and that was your most inflammatory. Those tend to attract the most attention. The trick now is to expand that brief popularity on HN (which is a very narrow audience) to the general populace. | |
| ▲ | hnlmorg 18 hours ago | parent | prev [-] | | > Given my comments were in the top ten highest voted of the day, it encourages me that a -lot- of people think this law is dumb and ideally some subset of them will fight it with me. Everyone on HN agrees this law is stupid, myself included. What we are refuting is that big words on an anonymous forum count as any form of protest. Because they don’t. If it were that easy then I could cure cancer just be willing it via message boards. Or end the Iran war just by complaining about it online. Unfortunately actual change requires actual effort. You can’t even change our opinion on this very small point and you have our attention and we are likely otherwise likeminded. So to argue that your words will have any effect to laws passed by completely different personally types who don’t even frequent HN is beyond absurd. |
| |
| ▲ | iamnothere 20 hours ago | parent | prev [-] | | You’re just being pedantic about the definition of “weapon”. Without a groundswell of public support, it’s not possible to enact change. The finishing blow is just one link in the causal chain. We actually live in an authoritarian or “managed” democracy, where technocratic leadership increasingly ignores or even openly mocks the demands and needs of the people. Insider trading and blatant market manipulation is rampant, technocrats are constantly devising new methods to surveill and suppress public dissent, and regime supporters (regardless of which “color” party is in power) dismiss legitimate concerns and gaslight the public. In some countries they’re even trying to ban political parties who promise to address popular issues. There’s a reason that dangerous ideologies and popular anger are rising, and it’s not the Internet—there are material realities underlying these complaints, and they aren’t being taken seriously. Our last line of “legitimate” defense is the courts. Thank God for the courts! But they are gradually being compromised as well, and even the Supreme Court is willing to sidestep important decisions if they would be too controversial. Besides, legislation cannot be written from the bench. And so the noose gradually tightens around our necks. Mockery seems very appropriate, as a way of undermining legitimacy and gathering support. Perhaps the regime can be coerced into serious reforms before it is too late. Or perhaps the old guard will be replaced with reformers as they finally shuffle off. Recent elections seem to indicate that the public won’t stand for the status quo. | | |
| ▲ | hnlmorg 17 hours ago | parent | next [-] | | You point is easily debunked by the fact that all those late night talk shows (Stephen Colbert, Jon Oliver, Jon Stewart, Seth and so on) haven’t changed a thing in US politics. Mockery is a great medium for spreading a message. But words don’t make change by themselves. Ergo mockery is not an effective a weapon for change. What mockery does do, and online petitions too, is placate lazy but opinionated citizens into thinking they’re part of a movement while they can sit in their comfy chair and do a grant total of nothing to actually further their ideologies. | |
| ▲ | otterley 20 hours ago | parent | prev [-] | | Look, you own the things you say and are responsible for their accuracy. Attacking people who rightfully correct your misinformed assertions and who want to steer you in a direction that will actually be effective in achieving your aims as "pedantic" does nothing to help your case. Ultimately, though, it's your call--do what you want. | | |
|
|
|
|
|
|
|
|
|
|
| |
| ▲ | 2 days ago | parent | prev | next [-] | | [deleted] | |
| ▲ | otterley 2 days ago | parent | prev [-] | | > hoping you are never forced to add code to a project you do not want to add You keep saying that, but that's not the realistic outcome. The realistic outcome isn't an injunction forcing you to add code. It'd be to force you to pull it out of circulation. | | |
| ▲ | lrvick 2 days ago | parent [-] | | They cannot force me to do either. But it would be a fascinating case study to watch them try. I feel it would only help prove the decentralized censorship-resistant tactics of the project work as intended. Government overreach should be in the threat model of every FOSS project. | | |
| ▲ | hnlmorg 16 hours ago | parent [-] | | There are already case studies that demonstrate governments can do exactly what the GP lawyer claimed could happen. You’re not treading any new and untested ground here. |
|
|
|
| |
| ▲ | otterley 2 days ago | parent | prev | next [-] | | That argument has been going on for decades, and has had few victories in the court system. The DMCA, which prohibits trafficking in anticircumvention devices, even though there's a lot of code in them, is still alive and well. | | |
| ▲ | lrvick 2 days ago | parent [-] | | And the DMCA has been rightfully weakened to the point that archive.org has every Nintendo Gamecube game ever made hosted for the public, for years, uncontested. So too will these other silly laws go I expect. | | |
| ▲ | iamnothere 2 days ago | parent [-] | | Not only that, but people like myself are working on underground distribution networks in case they’re ever needed. Absolute worst case we’ll do sneakernet. More likely we’ll just distribute via overlay networks. Some of us are crazy enough to be full on free speech martyrs, believe it or not. |
|
| |
| ▲ | kube-system 2 days ago | parent | prev | next [-] | | There is pretty solid case law for the constitutionality of a variety of compliance requirements. If you can comply by being silent then they aren't really compelling you to do say anything. | |
| ▲ | soulofmischief 2 days ago | parent | prev [-] | | Is is also clear that there are major deficits in our Constitution but that the amendment process has failed to survive a modern world. Any of our original forefathers would recognize today's American federal government as an overreach from their indended form of government. The only reason we aren't seeing a Boston Tea Party 2.0 over the recent string of coordinated assaults against our inalienable human rights is because surveillance capitalism is already coarsely achieving its goals of suppressing any civic participation which exists between the spectrum of ineffective political protest to the most desperate, radical action. Some of those among us simply cannot drink this koolaid. A quote from MLK, Jr: I submit that an individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law.
Further reading https://letterfromjail.com/ | | |
| ▲ | blackqueeriroh 2 days ago | parent | next [-] | | Yeah but most of y’all wouldn’t accept the imprisonment willingly. | | |
| ▲ | soulofmischief 2 days ago | parent [-] | | Who is "most of y'all"? Sounds like a generalization to me and a poor attempt at an appeal to character in order to undermine the perspective I've shared. Have you been to prison? I've been incarcerated before already after having my rights violated. Let's not go there. Make less assumptions. | | |
| ▲ | otterley 2 days ago | parent [-] | | Incarcerated temporarily (e.g. awaiting trial or a prosecution decision), or actually convicted and sentenced to imprisonment? These two things are not the same. | | |
| ▲ | lrvick 2 days ago | parent | next [-] | | No one is being convicted and doing hard time for refusing to add age verification to a Linux distro. This is just more fear mongering. It would be a fine or a few days of jail until bail is posted, at worst. And then a media shit show where the public is certain to side with the developer who is having their rights violated to discourage this from ever happening again. The public even got the back of weev for his bullshit arrest. Weev, one of the shittiest people to ever live. But rights are rights. | | |
| ▲ | otterley 2 days ago | parent | next [-] | | > No one is being convicted and doing hard time for refusing to add age verification to a Linux distro. That's not the point. The point is that people who don't face a real possibility of being convicted and imprisoned are the ones who make the most noise about how they're willing to accept imprisonment (or, worse, are cheering on others to be imprisoned as some sort of Cyberpunk Martyr). As I said elsewhere - it's easy to be an Internet Tough Guy when you (think you) have little to lose. | | |
| ▲ | soulofmischief 2 days ago | parent [-] | | This reads like your personal fantasy. It's also insulting to people who stand by these words all the way down the slippery slope. People who spend time trying to make the world safer for you and others. Instead of positioning yourself adversarially and making unfounded and unwarranted claims about others, it would be more productive to engage in good faith and seek to lend a hand. You've already made flat-out incorrect assumptions about me, indirect or not. Calibrate yourself. | | |
| ▲ | otterley 2 days ago | parent [-] | | My "personal fantasy"? Give me a break. You've gone off the rails. You're not the hero saving the world that you make yourself out to be. Get over yourself. I'm done with this thread. | | |
| ▲ | soulofmischief 2 days ago | parent [-] | | You quite frankly have the conversational intelligence of a petulant child and I would not seek your legal advice in any matter if this is how you conduct yourself when discussing law with others online. | | |
| ▲ | otterley 2 days ago | parent [-] | | I am ok with this. Sometimes a lawyer doesn't want certain clients, either. | | |
| ▲ | iamnothere 2 days ago | parent [-] | | A non-practicing lawyer, by definition, has no clients. Just to be clear. | | |
| ▲ | soulofmischief a day ago | parent [-] | | They also just went and silently changed multiple comments in order to make their replies look less edgy, petulant and unprofessional. I'm all for editing out swipes, but the lack of acknowledgement makes it clear that their last resort for turning this one around is manipulating the conversation after the fact to benefit themselves. |
|
|
|
|
|
| |
| ▲ | soulofmischief 2 days ago | parent | prev [-] | | The public may have weev's back, but privately the majority of us disavowed him after he went full nazi in prison and doubled down on an alt-right agenda. I personally know people who signed the court petition to get him acquitted and they have rescinded support for him. That said, he shouldn't have gone to prison for that. Anyway, the nature of a slippery slope like this one is that the punishments will get worse over time as the government further vilifies those who push against things like this and encryption backdoors. |
| |
| ▲ | soulofmischief 2 days ago | parent | prev [-] | | You're right, they're not. | | |
| ▲ | otterley 2 days ago | parent [-] | | So which was it? | | |
| ▲ | soulofmischief 2 days ago | parent [-] | | I am amazed that an attorney would ask me to divulge this kind of highly personal information in a public forum when I am clearly trying to be discreet. | | |
| ▲ | otterley 2 days ago | parent [-] | | I'm not your attorney; I don't owe you a duty of confidentiality. You're not being discreet at all; you brought up your prior incarceration, presumably in the hopes that it would help you prevail in this discussion. By so doing, you opened that door and made the issue relevant. | | |
| ▲ | soulofmischief 2 days ago | parent [-] | | That has nothing to do with your general professional respect for others and knowing how to read the room. | | |
| ▲ | otterley 2 days ago | parent [-] | | I've read the room. I think I'm okay. | | |
| ▲ | soulofmischief a day ago | parent [-] | | Is that why you just felt the need to edit each of your comments in an attempt to make them less petulant and more substantial? |
|
|
|
|
|
|
|
|
| |
| ▲ | otterley 2 days ago | parent | prev [-] | | Are you seriously comparing the "oppression" of a programmer who is forbidden from distributing an OS that fails to ask the user's age to the actual oppression of Black people in the United States before the Civil Rights Era? The oppression that involved lynching? Jesus H. Christ. | | |
| ▲ | soulofmischief 2 days ago | parent [-] | | You have no idea who I am, what hardships I have dealt with, and clearly don't have a complete understanding of civil liberties if you cannot make the connection between the violation of two different Constitutional rights. Your current negativity is not welcome, if you are an attorney then please conduct yourself with more professionalism. If you want to seek to understand, great, but now you are being aggressive and negative and making a host of unfounded assumptions. | | |
| ▲ | otterley 2 days ago | parent [-] | | I'm happy to let the court of public opinion settle this one. | | |
| ▲ | soulofmischief 2 days ago | parent [-] | | Is that your legal advice? Has this strategy worked for your clients before? Edit: Poor taste to edit out your original comment with no acknowledgement. That was inappropriate and you know it, which is why you've now changed your comment. |
|
|
|
|
|
| |
| ▲ | pixl97 2 days ago | parent | prev [-] | | While they may take you to court over this, make sure you can survive sitting in jail at first if government decides to make an example of you. And where code is speech, is a distribution speech? There's a lot of places for this to go sideways on you personally. | | |
| ▲ | lrvick 2 days ago | parent [-] | | The fact people are scared, or scared for me, is in and of itself a problem. But lets all wait for nothing at all to happen. Then confidence can grow over time that this is unenforceable in any effective way. They should go back to trying to police piracy via bittorrent (lol). | | |
| ▲ | EA-3167 2 days ago | parent [-] | | I think the issue here is that while the people here are aware of the history and "utility" of laws like the one above, most people aren't and right now "regulate social media, the internet, and what my kid does with computers" is having quite a day. Inevitably all of this is framed in terms of keeping children safe, whereas piracy is at most a misdemeanor of very little consequence. Although I have no doubt that courts would ultimately side with you, the chance of becoming even a transient focus of a frustrated AG or congressperson looking to pin blame on "Out of touch and recalcitrant techies, the very ones who created this problem," is chilling. It's meant to be chilling, but it often works because he reality of what you'd go through on the way to eventual victory isn't trivial. Maybe you're willing to go through the courts (public opinion and otherwise), but if so the first thing any attorney you employ will beg you to do is stop talking the way you are. tl;dr I think taking a stand is great, I support that, I think doing it now is a good idea. I don't think you should talk about it in public though, especially not in a literal, "Come and get me" way. | | |
| ▲ | pixl97 2 days ago | parent [-] | | Ya, I think op needs to study the history of civil rights in the US on how to do these things. Quite often the people that were getting arrested and challenging the state were specifically chosen because they didn't have any kind of dirt to dig up. The state is perfectly fine with playing dirty inside and outside the courtroom. The state would love the person brining a constitutional challenge to suddenly be marred in the eyes of the public as some kind of deviant. | | |
| ▲ | lrvick 19 hours ago | parent [-] | | Been trolling stupid powerful people for over 20 years and spent no time in jail yet. Maybe that is my survivors bias talking, but I will not allow my free speech to be chilled. |
|
|
|
|
|
|
|
|