* Posts by tom dial

2187 publicly visible posts • joined 16 Jan 2011

'Tech troll' sues EFF to silence 'Stupid Patent of the Month' blog. Now the EFF sues back

tom dial Silver badge

Re: RE Should someone point out to the EFF that the US constitution for free speech ...

One upvote, and one observation.

"Outright buying of elections" is charged with some frequency, but difficult to confirm in practice. Electoral winners are determined by counting ballot marks or electrical/electronic equivalents made by individual voters. It probably is illegal in most jurisdictions to bribe voters for specific action, and because of the mechanics of elections would almost always be unenforceable in practice. If done at all, it almost certainly is rare and probably has essentially no net effect. There are well-substantiated reports of political organizations distributing money and other things of some value (commonly food or food vouchers) on election day to "get out the vote," and that often was done with a wink and a nudge that conveyed the wishes of the organization if its identity alone did not do so effectively. That falls a bit short of "buying."

There doubtless are many easily documented cases in which the better financed candidate, who could afford more and better publicity efforts, won election, but copious financing, depending on its source, may have negative effects as well, and there certainly will be a many cases where the best financed was not elected. The most recent example, of course, is the recent presidential election, in which Democratic candidates outspent Republicans by 5:4 and the losing candidate, Hillary Clinton, outspent the winner, Donald Trump by more than 5:3.

Google fumes after US Dept of Labor accuses ad giant of lowballing pay for women

tom dial Silver badge

Re: I propose two things to women:

The problem with the wage gap is not so much that it does not exist as that those who proclaim it are not honest about it. The 70% or 75% number bandied about seems to reflect all employees, without taking into account that the range of jobs held by women is not the same as that held by men, even in the same field, and most of the gap can be accounted for by that alone. Historically, female physicians have tended to be better represented in pediatrics and family practice, specialties where average compensation is lower than various surgical specialties in which men are better represented. Moreover, women are much more likely than men to leave the work force for varying periods in connection with child raising, and as a result may be absent for a significant part of the mid-career period when large organizations are selecting for upper management positions and in any case may not be maintaining and increasing technical skills.

I would not argue that this type of thing is necessarily right, although in a relatively free economy it is pretty much inevitable and monkeying around with it is likely to have unintended and undesirable long term effects. However, it is not something employers can reasonably be tasked to correct because so much of it is embedded in the overall culture in which they exist. Large companies probably are better at it than small ones, but even they are limited in what they can do by such things as the entry applicant pool.

tom dial Silver badge

Re: Correlation is not causality

Looks can work either way. I know of one instance in which an extremely attractive and well-qualified female applicant was downrated - by an attractive female manager - because it was thought that if hired she would be a distraction to her male co-workers. In the event, we hired her. She was not a significant distraction in the office, and turned out to be an outstanding (and rapidly promoted) employee.

tom dial Silver badge

Re: But you can avoid the courts altogether

There are significant problems and complexities with this seemingly simple prescription. First is the question of who is permitted to determine whether two different jobs have equal value and what jobs are tied to which pay grades. Credentials are not worth a lot even when fresh and decline rapidly in utility to the point they are effectively worthless in 5 or 10 years (to be extremely generous in some areas of IT). Different employees with the same technical skills and credentials are likely to be working on things of different value, and their personal characteristics may make them differentially productive. Employees with different supervisors rarely will be evaluated in exactly the same way - the employees are not the same, the jobs are not the same, and the supervisors inevitably will not apply the evaluation rules in exactly the same way. Anyone thinking there is a workaround for this is delusional; the best management can do is limit the effects and reassign employees or supervisors to obtain better skill and personality matches. In all likelihood, the only employees who actually receive equal pay for equal value work are those paid on a piecework basis. Even salespeople paid 100% commission on product sold may have different value due to differences in their target purchaser populations.

"You just show your jobs and pay grades and that's that" doesn't work all that well in many classifications in the US federal government, where in my experience we often lost the best employees to the private sector, and there is no reason to think it is reasonable in the private sector either.

Take that! FCC will hand net neut to FTC – reports

tom dial Silver badge

My recollection is that in US federal government documents and correspondence the first use of an acronym is to be in parentheses, immediately following the fully spelled out name of whatever the acronym is for. It is not always done, especially in documents intended for internal use for acronyms well known within an agency.

I suggest it, respectfully, for general use. It will add considerable clarity for those who do not recognize an acronym immediately without unduly annoying those who do.

Germany gives social networks 24 hours to delete criminal content

tom dial Silver badge

Re: Enforcement?

It is not quite correct to say that the US has no protection laws. It does, but the first and fourteenth amendments to the Constitution severely, and in my opinion correctly, constrain them. There are, however, laws that constrain free speech, such as:

Threats can be illegal if specific enough, although vague ones like "Will no one rid me of this troublesome priest?" probably are not and certainly would be difficult to prosecute without a fair amount of context supporting a claim that it was meant as a specific directive to do something.

Libel may be criminal, but I think is more commonly handled as a civil matter. Where political actors or other public figures are concerned, standards may be somewhat relaxed even here.

tom dial Silver badge

Re: Possibly incorrect translation

I'd not seen the term "public prosecution" previously, and mentally equated it to public shaming or derision, both of which seem compatible with Volksverhetzung. "Rabble rousing" seems overly general.

It's good we don't have something like that here in the US, as it would keep a few White House staffers busy full time on Facebook and Twitter sorting out the Trump references and getting the offensive ones taken down. On the other hand, it might divert their attention from other things they could be doing.

tom dial Silver badge

As an alternative, they could deny new, and drop existing, German accounts. A few 50 million Euro fines would begin to eat into the profits, and it wouldn't take too many to turn Germany into a loss center worth shutting down.

'Evidence of Chinese spying' uncovered on eve of Trump-Xi summit

tom dial Silver badge

Re: The Chinese aren't spying...

One upvote for this, and deserving of more.

Both sentences are quite correct. What is left out is that the US and most other countries collect and analyze intelligence data, part of it gotten through espionage, for exactly the same reasons: to find out the truth, and because they will not get it from their foreign counterparts. It has been so for as long as we have any recorded history and probably longer, and will continue to be so as far as we can see into the future.

Twitter sues US govt to protect 'Department of Immigration employee' who doesn't like Trump

tom dial Silver badge

The DHS request to Twitter, if it is described accurately, almost certainly concerns first amendment protected "speech" and the federal court probably will waste little time in quashing it. It probably does not matter whether those who tweeted are current or former employees of either DHS or DHS contractors, or have no relation at all to DHS. A tweet containing an explicit and specific threat would be an exception, and there would be others possible, including tweets posted using DHS owned computer equipment or the DHS network, either of which might violate DHS regulations. DHS, of course, does not need Twitter to uncover those, as they can direct their network administrators do it without outside help.

Public employees public "speech" may be, and often is, restricted in other ways, although not as much as that of private sector employees (including those employed by government contractors). Many agencies require employees to submit "publications" for review and approval by their agency's public affairs office, presumably to ensure against public statements or publications that might be taken as statements of agency policy. In some cases this appears absurd; I know of one in which an IT specialist in a DoD agency data center had to submit a talk on bird watching for prior review. There was no problem, but it was an agency rule. There may be similar DHS rules, but it seems unlikely that a court will give them authority under the law as the article cites to enforce them or go on a fishing expedition for possible employee violations.

The case law summarized at

http://law.justia.com/constitution/us/amendment-01/28-government-as-employer.html

varies a lot, but allows agencies to restrict employee speech in various ways. Garcetti v Ceballos, a 2006 case with an easily found Wikipedia article, catches some of the flavor, although it is not especially pertinent to the case at hand and is unrelated to the current issue between DHS and Twitter.

Trump sets sights on net neutrality

tom dial Silver badge

Re: "Government of the people ..."

Like it or not, and I am far from thrilled at the outcome, Donald Trump was the choice of a majority of those who voted in 21 of the 50 states, and of a plurality of those who voted in an additional 7 states. Nearly all Senators and US House members were elected in their states and districts, respectively, by a majority of those who chose to vote. So also were the state governors, secretaries of state, senators, representatives, and so on who determined the electoral districts from which US House members (as well as the state representatives and senators) were chosen. By the rules operational for the last 225 years, that counts as "by the people" and "of the people." Whether or not it is "for the people" is for the people to decide at the next election.

Kremlin-linked hacker crew's tactics exposed

tom dial Silver badge

Re: @tom dial

I also have read both, and to my thinking the Republican platform plainly contains more and stronger and statements supporting Ukraine than the Democratic one. It is true that the D platform was not weakened, and it also is true that the R platform was not strengthened, and an attempt to do so was opposed by the Trump campaign.

Platforms always are fuzzy for at least two reasons. They are written with the expectation that someone, likely enough an opponent, actually will read them and use what they find as an attack point. It is easy to imagine, and all but certain, that Clinton's campaign would have characterized a Republican plank promising to deliver weapons to the Ukraine (as the proposed change had it) as warlike and reckless, as well as displaying total ignorance of foreign affairs. In addition, they are written with the intention of avoiding opposition within the party.

tom dial Silver badge

Re: Check is in the mail, SecureWorks

The Trump campaign did not effect a Republican platform change to support Russia. They did argue successfully for a change that weakened the plank that addressed Russian activities in the Eastern part of Ukraine by removing a reference to providing weapons to the Ukraine government.

The Republican platform, as adopted, is quite noticeably more supportive of the Ukraine government than the Democratic party platform adopted a few weeks later. The referenced article, contemporaneous with the Republican convention, could not include that information, but repeating it now without that context is not significantly different from some of the news manipulation for which Russia is being condemned.

Apple Store in Pennsylvania hit with discrimination complaint

tom dial Silver badge

I am no fan of Apple, but:

After reading the complaint, I conclude that Cori Fisher appears to be a (former) problem employee attempting a shakedown.

He claims religious discrimination, but makes no claim that Apple discriminated in fact.

He alleges discrimination in the form of failure to accommodate his "disability," which apparently consists of substantial actual or possible limitation "in the major bodily functions of normal cell growth" resulting from (or constituting) cancer and dismissal partly based on his exercise of rights under the Americans for Disability act. This despite having received months of leave as either Apple provided sick leave or medical leave under the Family Medical Leave Act, some of which would have been paid.

He also claims his dismissal was partly retaliation for complaining that the store where he was employed exercised, and directed employees to exercise, discrimination against black shoppers, attaching to his prayer as evidence for a right to sue for relief a statement from the US Equal Employment Opportunity Commission indicating that the "EEOC is unable to conclude that the information obtained establishes violations of the statutes."

I can imagine employees in Apple's legal department (a) arguing to pay him off as a nuisance, or (b) arguing to fight it to prevent establishing a precedent for similar future shakedowns. On balance, I suspect that they will opt for (b) unless Fisher will settle for back wages and no legal costs; in that case I also can imagine them competing to participate in the trial.

Is this a solution to Trump signing away your digital privacy? We give Invizbox Go a go

tom dial Silver badge

Re: So who's worried about the browser vendors?

Debian, for one, and very probably Red Hat and a number of other distributions, are working on the problem of assuring that the executables verifiably result from the published source. I've followed the Debian discussion some, and concluded that while they are making progress, it is a seriously difficult undertaking and will take a fair amount more time. As noted, "open source" alone is far from sufficient.

Minnesota, Illinois rebel over America's ISP privacy massacre, mull fresh info protections

tom dial Silver badge

I wonder if the Constitution, in Article I, Section VIII, Paragraph 3, does not reserve such matters as are addressed in the reported legislation in Minnesota and Illinois to the federal government. It seems likely to be true for ISPs generally, and almost certain to be true for apps. Certainly the FCC thought so when they issued the order on ISP behavior in December, 2016, and I would expect most ISPs to so argue in federal court.

Europe to push new laws to access encrypted apps data

tom dial Silver badge

There are no serious technical impediments to producing and deploying a cryptosystem that would be subject to third party decryption. Key escrow systems, for example, have been known for decades at least. It may be unwise to use such a cryptosystem, and it may be comparatively easy to use readily available alternatives (possibly with penalties for use that one might need to evaluate), but incorrect claims that it is infeasible confuse and obscure the real issues.

tom dial Silver badge

"[W]hat they are suggestig will essentially mean the end of the internet and telecommunications."

This really is quite silly. In fact, a great deal of communication still is either not encrypted or subject to delivery to a government in decrypted form based on a legal request such as a warrant or sometimes subpoena (US) or equivalent in other countries. Lawful telephone intercept has been in place for decades in the US and probably nearly everywhere else. Requiring lawful decryption capability will not end the Internet or telecommunications going forward any more than lawful intercept capability has done in the past.

On the other hand, requiring it is extremely unlikely to prevent use of publicly available encryption methods by individuals who consider the risk-reward trade-off favorable. Anyone thinking about using it for criminal purposes would rationally consider whether use of encryption not subject to legally ordered decryption will increase the probability of being detected or caught, or the penalty if caught.. They might also think of other methods to communicate secretly that do not raise similar issues. For everyone else, life will go on much the way it has since the invention of communication.

Your internet history on sale to highest bidder: US Congress votes to shred ISP privacy rules

tom dial Silver badge

Re: WTF?

They said that in their (majority) opinion, the FCC order exceeded the authority given by the Congress. They might have meant some other, nastier, things, but are not so stupid as to utter them publicly.

tom dial Silver badge

Re: Oxymoron alert.

Could your VPN provider, which I think would not have been covered by the FCC's order, can collect and sell your information in much the same way as an ISP? Tor seems a better choice.

tom dial Silver badge

If you buy your internet connection from a US ISP, you might have a problem, but it does not obviously affect EU users, who would not do that.

After London attack, UK gov lays into Facebook, Google for not killing extremist terror pages

tom dial Silver badge

Re: Google is an index

I give this an upvote on the basis that liberty extended to the population in general will be abused by some, but is better than some of the alternatives. Corporations are not people, but they are legal constructs organized and operated by people for the benefit of their owners and operators, and broadly have liberty to pursue their goals, subject to legal constraints much the same as partnerships, proprietorships, and individuals.

Addressing the root cause - terrorist web sites - may, however, be a bit beyond the reasonable capability of single governments, or governments generally, without bringing serious damage to the Internet as a globally accessible resource. Some input from Chinese people might inform here.

tom dial Silver badge

Re: Hmmm

So if Google were not there, would DuckDuckGo, Bing, and Yahoo not do nearly as well, and would the opprobium not fall immediately upon them? even if they all were gone, along with Facebook and Twitter, it is likely that would be terrorists would be able to find what they need in media printed on paper or broadcast on TV and radio.

As a number of others here and elsewhere have noted, it really does not take a great intellect or a lot of research to come up with a way of killing and maiming more or less randomly. It is easier to acquire firearms in the US than many other places, but the world is awash in cars and kitchen knives, just for starters, and a two foot piece of metal pipe in the hand of a motivated person can bring down a good deal of harm of a decidedly retail sort.

tom dial Silver badge

Re: Distraction tactics - attack is the best form of defence

Dominance of the Android platform - a product for which they do not charge.

Search monopoly - a service for which they do not charge users.

Tax evasion - maybe; given the complexity of overlapping and competing tax code, such things sometimes are in considerable doubt and often go to litigation.

Profiting from extremist material - largely a commercial argument.

Criminalizing advertising? Really?

Perhaps Google would be wise to eliminate all service to the EU for a while and see who, if anyone, fills behind them, and who picks up the tab for the services while meeting the constraints. I do not think they will do so until the cost of doing business there exceeds the potential income. But if it does so for Google it is reasonable to suppose the same will be true for any other potential provider. It also seems reasonable to think the same would apply, more or less to Facebook and Twitter.

NASA to fire 1Gbps laser 'Wi-Fi' ... into spaaaaace

tom dial Silver badge

Re: Another slight issue?

The article says the routing station will be in geosynchronous orbit, if memory serves about 22,300 miles.

tom dial Silver badge

Re: Latency...

I make it around 120 milliseconds one way transit to a geosynchronous satellite, so about a quarter second to the ultimate destination (plus additional switching time within the routing station, and around half a second turnaround. Short enough for voice communication but long enough to be quite annoying on an interactive terminal or the like.

'Sorry, I've forgotten my decryption password' is contempt of court, pal – US appeal judges

tom dial Silver badge

Re: the Founding Fathers are spinning in their graves

Taking the Fifth probably has been assumed an admission of guilt and resulted in convictions from time to time, but never has been so considered legitimately. While it is not quite the same, the judge in criminal trials normally instructs the jurors that they may not infer either guilt or innocence from a defendant's failure to testify.

FBI, NSA top brass: We've seen jack squat to back up Trump's claims of Obama wiretaps

tom dial Silver badge

I watched nearly all of the hearing, and then read some of the opinion that passes for news (NY Times, Washington Post).

Congratulations to The Register for a report that was both more succinct and more accurate.

tom dial Silver badge

President Trump's tweets are more worthless than most, and it would be better if we all simply ignored them.

Judge issues search warrant for anyone who Googled a victim's name

tom dial Silver badge

Edina is a close in suburb (about 4 miles from the center) of Minneapolis, a fairly large city across the Mississippi River from Saint Paul. It probably is not, as some commenters seemed to infer, a backwoods hayseed village.

The reason for the local police to ask for the warrant they did seems a bit mysterious unless they already have a suspect in mind and are after corroboration, although in that case, the generality of the search request is mysterious. The obvious target for a search warrant is not Google, but the Bank of America, which allegedly received the fraudulent transfer. BoA is legally required to know who owned the account into which the transfer was deposited and Spire Credit Union would have been in position to provide the BoA account number to which they transferred the money.

The transferring credit union would be one of the injured parties, if not the only ones. The Bank of America, which reportedly received the fraudulent transfer, is a national corporation based in a different state, and the credit union likely is nationally chartered and in any cases claims its accounts are insured by the National Credit Union Administration, an agency of the US government. The transfer, if as described, violated a variety of federal laws and the investigating agency probably should be the FBI.

tom dial Silver badge

Retired judges often are called to temporary service to help work through backlogs.

Spy satellite scientist sent down for a year for stowing secrets at home

tom dial Silver badge

Re: He needs to raise the Hillary defense...

By using an unapproved server for her government work, Hillary Clinton violated the law, federal government regulations applicable to all employees (and contractor employees), and Department of State instructions.

That might not have extended to violation of the Espionage act or another law that carries a criminal punishment, it is far from the trivial offense her supporters claimed.

FCC under fire for trying to ditch cybersecurity

tom dial Silver badge

Whether or not DHS has done anything is a matter for the House Government Operations committee and its Senate counterpart. The fact is that they, not the FCC, are on the hook to do so. My impression, as of 2011, was that they then were acting on that and I do not have any reason to think they are not.

The notion that the DoD should have the responsibility might run up against the Posse Comitatus act (1878), which severely limits use of the Army in domestic matters. Later modifications have applied that to the Air Force, and Navy regulations similarly restrict the Navy and Marine Corps.

As far as concerns government streamlining, DHS actually is the outcome of such a streamlining effort, consolidating the Coast Guard, Immigration, Customs Enforcement, TSA, the National Cybersecurity Center, US-CERT, and a number of other agencies generally concerned with matters of internal security. In the context of PPD-21, the FCC has a defined cybersecurity role, largely consultative, as Chairman Pai is reported to believe. It is not clear that new legislation is required.

tom dial Silver badge

Information security already is spoken for by the Department of Homeland Security, at least back to 2011, when they were beginning to exercise authority over information assurance at the Department of Defense, where I worked at the time. DoD still had its rules and procedures in place, but the guidance going forward appeared to be coming from DHS in a way that was nonnegotiable. That intent was clear in the cyber threat sharing bill that generated a good deal of controversy a year or so back and is clear also from the DHS web site, which clearly indicates their responsibility for matters related to communications, information technology, and emergency services. This is said to be described in President Obama's Presidential Policy Directive 21, issued 12 February, 2013 (which I have not read). I expect the bills the article references do not show much more than Democratic friskiness and attempts to stir up a little controversy.

FBI boss: 'Memories are not absolutely private in America'

tom dial Silver badge

Re: Based on bad assumptions

Comey seems to have claimed that "under appropriate circumstances" the government has the right to demand that people answer questions. He did not express a view that the government has a right to know everything we are doing and saying, at least as reported in the article. That is far from the same thing, and everything that logically follows from it is pretty much nonsense, including likening the relation between government and citizen to that between a farmer and his livestock. The fact is that the main complaint by a great many, both lefties and Trumpists, is that the (US) government is not enough like the farmer looking after his sheep.

tom dial Silver badge

Re: And don't forget

"It has generally come to be seen that phones, etc. are today's equivalent (and more) of 'papers and effects.'"

Correct, and so decided in California v. Riley. I have seen no reports that either local or state police, or the federal government have exceeded that limit since 2014*. That said, if any of those obtain a warrant "upon probable cause, supported by oath or affirmation" to seize and search a particular cell phone (or residence, or safe) the implicit right to privacy from the government in respect of the search target temporarily ceases to exist. The warrant may, for practical reasons, not be executable, but that is simply an example of the difference between authority and power; the government might not have the power to conduct a search, but in the circumstances described they have the right. The owner of a cell phone might have the power to deny the government access, but do not have the legal right and in some circumstances will be subject to punishment for refusing to allow the access.

* The significant exception to this would be at US entry points, where different rules apply to customs officers.

tom dial Silver badge

Re: Er ...

Arguably, the right to privacy is implicit in the constitutional enumeration of things the government may or may not do and the structure in which they may do it. That begins with the preamble and includes, notably, Article I, sections VIII and IX, and is reiterated and reinforced by the tenth amendment and, in the case of search and seizure, the fourth amendment.

The legislature often has taken an expansive view of government authority, always for what is thought at the time to be a good purpose. The resulting laws have not always worked out well, or as intended; legislators are people, and people are fallible. Legal authority for search and seizure may exceed what some think reasonable, but it is not obvious that a right to privacy, however defined, should be considered absolute.

tom dial Silver badge

Re: Er ...

Yet the same Benjamin Franklin presided over the Constitutional Convention. In the process, the tradeoff between government authority and personal liberties was one of the core issues, despite the fact that explicit statement of some rights and liberties was deferred to the Bill of Rights.

Trump, Brexit, and Cambridge Analytica – not quite the dystopia you're looking for

tom dial Silver badge

Re: In the original Foundation trilogy

I know I am a couple of days late to this party, but cannon resist making an observation that some might find interesting.

The intent might have been to target those who otherwise did not bother to vote, but it is not clear from a comparison of the totals from the previous couple of presidential cycles that it succeeded for either of the two largest parties. The two-main-party vote was about 2 million more in 2016 than 2012, roughly in line with what one might expect given voting age population growth over the four years, and certainly not larger. It also was about a million fewer than in 2008.

On the other hand, over the two cycles, the smaller party vote grew from around a million (2008) to 2 million (2012) and near 8 million (2016), suggesting that much or most of the popular vote increase went to parties such as the Libertarians and Greens and was cast by those unhappy enough with both major parties to vote for a candidate with no conceivable path to an electoral win.

So money spent for such highly tailored adverts seems to have been largely wasted, especially since it is nearly certain that the Clinton campaign did it substantially more judging by the campaigns' total expenditures.

Ex penetrated us almost 700 times through secret backdoor, biz alleges

tom dial Silver badge

Re: How about his replacement?

Columbia Sportswear is a publicly traded corporation with more than 5,000 employees, of whom many would have some kind of network account. Auditing all the user accounts would not be a one person job, nor would it normally be the job of the head of the organization.

On the other hand, it should not be too hard to assign an operational employee (or better, two or three independently) to periodically compare the payroll list to the accounts and look carefully at any accounts for which a check was not issued in the most recent payroll cycle. That "Jeff Manning" seems to have operated for two years before detection indicates slackness beyond even the US OPM showed.

Sir Tim Berners-Lee refuses to be King Canute, approves DRM as Web standard

tom dial Silver badge

This issue, I think, concerns copyright and its effectively unlimited duration and scope as it does the technical issue of protecting the rights of copyright holders. The holders have the legal right to control distribution of the copyrighted material, as well as the right to use technical means to protect against its unlawful copying and distribution, for definitions of unlawful that vary from country to country.

Along the way, the copyright holders as a group have engaged in rent seeking activities that resulted in protection that extends far beyond the life of any author who might have been thought the intended beneficiary of the copyright law, and additional protection for the technical means of media protection as exemplified by the DMCA. They also have been tempted, too often successfully, to include in the technical means features that prevent lawful use of copyrighted material and to engage in extortionate lawsuits that demand wholly unreasonable punishment for relatively inconsequential infringements. They often have been a sorry lot indeed, and quite deserve to be brought to heel.

Failing to include digital restrictions management capability in web standards will not prevent the media corps from implementing their own any more than including it in the standards will prevent it. However, having a standard, even an inadequate one, often is preferable to having none, and in the case of EME may result in broader availability of copyrighted material than is the case now; and that probably is a good thing. A better thing might be its availability without such encumbrances, but that is unlikely. A better thing, almost for sure, would be to revise copyright law to reduce the term to something reasonable like the far older 14 years with an optional 14 year extension, and maybe reduce penaltie for infringement to an amount commensurate with the actual royalty payable for legal copies in the quantity infringed.

Pence v Clinton: Both used private email for work, one hacked, one accused of hypocrisy

tom dial Silver badge

"All that official business" seems to involve fewer than three dozen email messages during Pence's four years as governor of Indiana. I am tempted to think that is less than 1% of his official email messages during that period.

I quite agree that overlapping personal and official email is undesirable, but it sometimes is unavoidable, just as it is not always possible to make business related telephone calls from a business telephone. When I worked in IT for the USDoD, before the agency provided a government laptop or cell phone I could use off premises. Accordingly, when something blew up in the middle of the night, I took the call on my home phone and used that and my personal email account (not server) for communication with the data center located in another state and the email account to document, for myself, my managers, and if necessary, the application users. Although that was well after use of government facilities became the approved means, the agency allowed it. I probably still have some old emails from that time, as it always has been easier and by some definition cheaper to increase storage than to search them out and purge them.

tom dial Silver badge

Re: A suprise?

In his present position, Pence is required to use US government facilities for (almost) all official communication.

"Almost" because use of non-government facilities is not entirely forbidden for practical reasons. There may be instances in which it is impossible or impractical to use them, and there are procedures to deal with that, normally including copying or forwarding the message to the account which normally should have been used.

tom dial Silver badge

Re: Espionage Act

Clinton's personal server for State Department email correspondence violated federal law, government-wide regulations, and State Department instructions, none of that having anything to do with the espionage act. Those federal laws and standards did not apply to Mike Pence during his service as governor of Indiana, and by all reports I have seen, including this one, he complied with the applicable Indiana laws.

As far as whether Clinton's actions were damaging, in view of reports of the fundamental vulnerability of clintonemail.com, including in The Register, along with secure erasure of the servers' disks and destruction of all backups before the servers were examined by government forensic specialists, the only safe and reasonable conclusion is that everything on the server came into possession of at least one foreign intelligence service. That no evidence was found (if true) is of no consequence.

tom dial Silver badge

"Clinton was not outright banned from using a private system."

Actually, she was, by the Federal Information Security Management Act of 2002, the implementing standards NIST issued in 2006 or 2007, and the State Department instructions that particularized it all to the Department.

Pence, on the other hand, apparently operated within the bounds of the applicable Indiana laws and customary practice of earlier Indiana governors. FISMA would not apply unless Indiana law incorporated it explicitly. Use of AoL (twice) certainly could be thought imprudent, though it was far from operation of a poorly defended private server.

tom dial Silver badge

Re: IOKIYR

Not right then, and less so (due to mishandling of classified material) in 2009 - 2013.

Clinton, having been in the Senate during their investigation of the Bush email matter, certainly should have had the wit to avoid the same mistake.

tom dial Silver badge

I do not think Hillary Clinton loss of the presidential election had more than a tiny bit to do with her use of a personal and insecure server, quite unlawfully, to conduct all of her official email correspondence while Secretary of State. Only a tiny portion of the voting public understood the issue and why it was important. Something like a majority did not even seem to understand the difference between using a personally owned email system and a personal email account, even allowing for considerable intentional obtuseness in support of partisan leanings.

It also is doubtful that the dreaded Russian's had much to do with the election outcome. By the time that became public, nearly all voters had made their decision, and the stolen/leaked Democratic emails may well have been largely viewed as a party screw up that mainly confirmed what they already believed.

Hillary Clinton lost the election because she, and her staff, ran a lazy and sloppy campaign on the basis that Donald Trump was a buffoon for whom only the deplorables would vote; all the polls, or nearly all, clearly showed that she had no worries. She lost the election because she and her campaign staff failed to do the necessary calculations about the states in which she needed to win and then develop and execute a plan capable of winning them. She lost the election because, unlike both Donald Trump and Bernie Sanders, she aroused no real enthusiasm in the voting population, and because her arrogance and evident sense of entitlement to the presidency stirred up nearly as much antipathy as did Trump.

Trump, on the other hand, had a less talented and professional staff, stirred them up regularly, paid little or no attention to polls, and campaigned aggressively right up to election day. In the end Clinton won a plurality of the national vote by winning big in a relatively small number of states (14 including the District of Columbia) and a plurality in 7 more. Trump won a majority of the vote in 23 states and a plurality in 7 more, and along with them a fairly large majority of the presidential electors.

81's 99 in 17: Still a lotta love for the TI‑99/4A – TI's forgotten classic

tom dial Silver badge

Re: TI was backwards

While starting with bit 1 rather than bit 0 is a bit quirky, bit 0 (or 1) often or usually is the most significant bit on word-oriented processors like the TMS9900, Motorola 68000, and IBM 360/370/390.

'First ever' SHA-1 hash collision calculated. All it took were five clever brains... and 6,610 years of processor time

tom dial Silver badge

Re: "Why does the size have to be identical? "

I think I do, and I also think the article was primarily about sha-1 sums of data, not the signing of the sha-1 sums.