It’s not a weird edge case at all. For many specific areas like building codes, states have long delegated publication and “annotation” (essentially, writing down critical elements of the law that must be known to folks who want to obey the law) to private publishers. This isn’t literally “Georgia tried to copyright its laws” but it’s close enough to be morally the same. I remember being incensed about this in the late 1990s and I’m glad the wheel of justice (finally) turned.
ETA: A critical tell here are the words “The State of Georgia sued.” Georgia essentially tried to copyright its laws by having a private firm do the copyrighting, and they didn’t even make much effort to hide behind this fiction, since they were the plaintiff. Kudos to the courts for seeing past this low-effort obfuscation.
The complaints about “free speech” I heard from conservatives over the past five years often had nothing to do with constitutional free speech, either. They were almost always directed at private companies and organizations moderating content; from time to time someone would try to claim a government nexus, but it was rare and always something like a request to take down some content (that often got rejected.) Given that we’ve spent years having a broad conversation about the principle of free speech, to suddenly demand that we restrict the conversation to one about pure First Amendment requirements seems a bit disingenuous.
Speech is important. Scientific speech more important. A government right now is using its power to selectively defund and wipe out big chunks of scientific research and communications that ultimately exist to protect your future. You should be livid and working to inform people how dangerous this is, not making poor excuses.
> A government right now is using its power to selectively defund and wipe out big chunks of scientific research and communications that ultimately exist to protect your future.
This is the significant point. The govt is defunding yet another scientific research institute. To me it seems more productive to get more specific and more substantive from there: How much of the research presently carried out at NCAR will continue? Are there alternative institutes or sources of funding that might save some of it? What are the likely tangible implications? Is the whole place even closing down or just some of it?
Going in the other direction, less specific, more amorphous abstraction about whether or not this is a free speech issue risks derailing the conversation into semantics.
There are interesting questions about wider meaning of free speech than what's protected by the first amendment, but getting moralistic because someone doesn't consider this a free speech issue, while you both agree that it's government defunding a research institute, and that it's bad, seems unnecessarily fractious
You’re responding to is Matthew Green, who has done more for deployed cryptography and internet privacy than most people alive. He has absolutely “hit the pavement”
> They were almost always directed at private companies and organizations moderating content
Yes. They were motivated by private individuals losing their livelihood, rather than by organizations losing government funding that was not a priori owed to them.
> You should be livid and working to inform people how dangerous this is, not making poor excuses.
Obviously RC4 itself isn't the problem. The problem is that Microsoft ships a "ciphersuite" that includes a bad password-based key derivation algorithm that also happens to be tied to a whole pile of bad cryptography. And the real, real problem is that Microsoft still ships a design in which low-entropy passwords can be misconfigured for use in encrypting credentials, which is a nightmare out of the 1990s and should have been completely disallowed in 2010.
While the NSA would, absolutely, use it to elevate existing internal access - it is such low-hanging fruit that they have enough alternative tools in their arsenal that it isn't a particularly big loss. Most of their competent adversaries disabled it years ago (as has been best-practice since 2010~).
More likely, it is Microsoft's obsession with backwards compatibility. Which while a great philosophy in general has given them a black eye several times before vis-a-vis security posture.
Most importantly, the NSA is not just about spying, it is also about protection.
A weakness anyone can exploit in software Americans use is not a good thing for the NSA. If they were to introduce weaknesses, they want to make sure only they can exploit them. For instance in the famous dual_ec_drbg case where the NSA is suspected to have introduced a backdoor, the exploit depends on a secret key. This is not the case here.
On the other hand if Snowden has shown us anything, it is that the NSA is more stupid than it looks.
Those stupid MFD machines have been the bane of my existence as a sysadmin ever since I started in this career many, many years ago.
It's these machines, plus a few really old windows-only apps deep in basement of enterprises that keep this old tech around. There's usually no budget to remedy, and no appetite to either from leadership
Its also what happens when the people buying the tech are disconnected from the ones implementing. Microsoft caters to this.
Just photocopy some currency. Depending on the machine, it has a good chance of bricking the machine with an obscure error code until a service tech comes out, at which point you can point out this machine is really old and why don't we get a new one.
If you'd rather not commit attempted forgery, just print out some Wikipedia pages about the EURion constellation, which is what they detect in money.
Do manufacturers also have personal responsibility for making safe products, or does it fall to consumers to become experts in the myriad different fields necessary to asses the safety of every product they buy?
It's a little more complicated. The Supreme Court has already ruled that Trump can fire agency heads not for cause even when there is a "for cause" clause in the law. The Court then invented a new "the Federal Reserve is special" clause that prevents Trump from using that exact same power on Fed Governors. So because the Court has made a patchwork quilt out of the law (in an effort to bring about their preferred policy outcomes), Trump is now trying to muster "cause" against Cook. Early signs indicate that the case appears to have serious problems.
Even though The Supreme Court is still trying to keep up appearances, they are not working off of consistency at this point, so anything can still happen.
The current body of Supreme Court jurisprudence is extremely consistent in comparison to the mid-20th century when it ginned a 4th branch of government out of thin air and rights out of “emanations and penumbras.”
It's consistent in that it largely lets Trump do almost anything he wants without ever setting a binding precedent that will allow a Democratic president to do whatever he wants.
Incorrect. The Presidential immunity decision for example is why Texas can’t prosecute Biden for reckless endangerment for throwing the border wide open.
You're conveniently ignoring all the wild shadow docket decisions in Trump's favor with no provided justification. None of that sets a precedent.
There's also a giant bloody spectrum between 'policy that had a bad outcome for someone (hint: That's every policy)' and 'blatant pay-to-play corruption and criminality and treason' when it comes to that immunity. The court, of course, went all in on enabling the latter, instead of finding any kind of rational ground, because any rational ground would have put Trump in prison.
By failing to give any qualification of what the fuck an official act is, they've given him blanket immunity. And blanket immunity for an executive means that the constitution is as good as a piece of toilet paper. There are no consequences to him violating your rights.
There’s nothing unusual about the use of the shadow docket. It’s being used in response to district court orders that are being issued without trial and often with very short or no opinions. Why should the Supreme Court spend a year on the full rigmarole for some preliminary injunction a district court fired off after a week after no discovery, no trial, and minimal briefing?
> There's also a giant bloody spectrum between 'policy that had a bad outcome for someone (hint: That's every policy)
Yeah, that’s exactly why there’s presidential immunity for official acts! Because otherwise you could easily shoehorn one of those bad outcomes into the letter of some broadly written criminal law.
In Texas, there’s a deadly conduct crime: “A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.”
You think some Texas prosecutor couldn’t get a border county Texas jury to squint at that text and convict Biden under it for throwing open the border to illegal aliens? All the Supreme Court decided was that some things the President does can’t be prosecuted under the criminal laws like he’s an ordinary citizen. That’s obviously true, which is the same reason Congress has immunity for official acts and judges have immunity for official acts.
> By failing to give any qualification of what the fuck an official act is, they've given him blanket immunity.
No, it’s exactly the opposite. All they decided was that official acts immunity exists. You can’t prosecute Obama for involuntary manslaughter because some executive action he took got someone killed. They then remanded to the district court to decide what counted as official acts and what didn’t count. That didn’t give Trump “blanket immunity”—it left it to the district court to decide what was covered by the immunity and what wasn’t.
Yep, all 4 charges remained in the superseding indictment (filed Aug 27 in 2024 by Smith).
One of the problem is the "the DOJ's policy of not prosecuting sitting Presidents", while it's understandable it's definitely not great for the rule of law.
And the other is it took too many years for the whole shit shower to drip down. (Garland appointed Smith in November of 2022, and it took ~10 months for the indictment.)
Jack Smith also just fucked up the prosecution. The Supreme Court was going to find some sort of official acts immunity existed. There is implied official acts immunity for judges in the U.S. And official acts immunity for executives is typical in the developed world. The EU for example has official acts immunity for “officials and servants,” though the scope is fuzzy: https://www.politico.eu/article/eu-high-flyers-face-fresh-do....
Jack Smith’s indictment mixed together conduct, like the sitting President consulting with his AG about suspected voter fraud, that clearly would fall within the scope of immunity, with stuff that was clearly not an official act. I don’t know if he was dumb or arrogant, but it was an insane tactical error.
Official immunity is tough and there’s no clear answer. The old canard that “a prosecutor could indict a ham sandwich” has a lot of truth to it. As between a potentially criminal, but duly elected President, and a potentially corrupt, and unelected prosecutor, which one is the bigger risk? There’s a strong argument that it’s better to have elections be the final backstop rather than the judgment of unelected prosecutors being able to override voters.
It isn't even about the climate anymore. The cheap EVs are going to be built; they're just going to be Chinese. China is currently at 50% BEV and PHEV and pushing upwards to 59% in some months. Imagine looking forward 10 whole years and thinking you're going to be selling new consumer ICE vehicles, shy of massive market-sheltering tariffs and the loss of the global markets.
What's changed in 2025 is that the Trump administration has illegally postponed the ban passed by Congress four times, despite the fact that the law does not allow the President to extend the ban. And, naturally, the fact that this is to facilitate purchase by a coalition of political allies.
This has less to do with anti china hawks and more to do with anti Israel content on TikTok. And information control in the US. They are openly buying out all US mainstream media and from the looks of it will probably take Warner brothers from Netflix as well.
I'm the first to say they should have been shut down the day the original deadline ran out, and if new leadership comes to the WH they should aggressively prosecute all the platforms that broke the law under promises of the corrupt DOJ (Google, Apple et al). But that's between your joke of a constitution and political leadership, it hardly sways the case one way or another.
US nuclear submarines consume highly-enriched uranium, that's nearly as (and sometimes more) pure as the weapons-grade version. That doesn't mean oceanic reactors aren't possible, it just means that military subs are a bad example.
ETA: A critical tell here are the words “The State of Georgia sued.” Georgia essentially tried to copyright its laws by having a private firm do the copyrighting, and they didn’t even make much effort to hide behind this fiction, since they were the plaintiff. Kudos to the courts for seeing past this low-effort obfuscation.
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