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Reporter likely to be charged for using “view source” feature on web browser

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Re: Reporter likely to be charged for using “view source” feature on web browser

#41

This smells like clickbait. No charges have been filed, just a statement from a governor who has a history of bloviating about the press. “Likely to be charged” is a huge stretch.

The title doesn't say they were charged it says "likely".

The article does nothing to substantiate that claim. We already know that the feds essentially told the state to fuck off.

At this point it really is unlikely that the reporter will be charged.

Re: Reporter likely to be charged for using “view source” feature on web browser

#42
post #39

Earlier quoted context omitted.

I don't disagree with your point but how a prosecutor must be selected then? If someone is not chosen by a public and popular vote, it must be chosen differently. Any mechanism of choice will have an inherent bias. For example, you could decide that a prosecutor is the best at knowing the law, so let's have a law exam where the one with the best score is named prosecutor. However, being a good prosecutor can't always…

Just because any system could or do have biases, that’s no good defence of a system we know has terrible pernicious biases that are visibly compromising it’s integrity. I’m a Brit, and I’d have good expectations of being treated fairly if I faced prosecution as an innocent person here in the UK, in France, Germany, or plenty of other countries. I have no such confidence about the USA. Especially so if the crime I was…

Specially when the public side is underfunded and defending yourself is insanely expensive. Not that law is cheap anywhere, but from recent cases like Kyle Rittenhouse and officer Potter it seems just stupid and broken.

Re: Reporter likely to be charged for using “view source” feature on web browser

#44

> If somebody picks your lock on your house It's not like picking a lock. It's more like turning over a sheet of paper to read what's on the other side. If this guy gets convicted, I'll eat my hat (I wear a fedora). "Thy just thow their fedora wherever the floor is And start doing horas and taps".

"A better analogy would be you're walking in the street past a neighbor's house and notice their front door wide open with no one around. You can see a purse and car keys near the door. You phone that neighbor, and tell them their door is open and their purse and keys are easily visible from the street. Would Parson consider this breaking and entering?"

This was only a few lines below that.

Re: Reporter likely to be charged for using “view source” feature on web browser

#46

> If somebody picks your lock on your house It's not like picking a lock. It's more like turning over a sheet of paper to read what's on the other side. If this guy gets convicted, I'll eat my hat (I wear a fedora). "Thy just thow their fedora wherever the floor is And start doing horas and taps".

"A better analogy would be you're walking in the street past a neighbor's house and notice their front door wide open with no one around. You can see a purse and car keys near the door. You phone that neighbor, and tell them their door is open and their purse and keys are easily visible from the street. Would Parson consider this breaking and entering?" This was only a few lines below that.

That's not a better analogy. The implication is that somehow the raw HTML is more valuable than the rendered webpage.

You don't get to publish a "rendered webpage"; what you publish is raw HTML. If you didn't want people to read it, you didn't ought to have published it.

[Edit] Also, taking a copy of the HTML isn't like taking keys and a purse. If you take keys and a purse, the owner has been deprived of them. That's not the case with taking a copy of a webpage.

Re: Reporter likely to be charged for using “view source” feature on web browser

#47
post #39

Earlier quoted context omitted.

I don't disagree with your point but how a prosecutor must be selected then? If someone is not chosen by a public and popular vote, it must be chosen differently. Any mechanism of choice will have an inherent bias. For example, you could decide that a prosecutor is the best at knowing the law, so let's have a law exam where the one with the best score is named prosecutor. However, being a good prosecutor can't always…

Just because any system could or do have biases, that’s no good defence of a system we know has terrible pernicious biases that are visibly compromising it’s integrity. I’m a Brit, and I’d have good expectations of being treated fairly if I faced prosecution as an innocent person here in the UK, in France, Germany, or plenty of other countries. I have no such confidence about the USA. Especially so if the crime I was…

Germany just had Pimmelgate (Pimmel is a synonym for penis). Hamburg's Senator of the Interior did something and some random guy wrote "you're such a dick" ("du bist so 1 pimmel"). The Senator apparently was very annoyed and asked the state attorney to go after the guy. They summoned him to the precinct, he went, said that he wrote that tweet and declined to say anything else without a lawyer present. They then got a judge to sign a search warrant against his ex-girlfriend (and mother of his children who live with her), and executed it, which was unnecessary (they knew who did it and he had already confessed) and meant to punish extra-judicially since the case would likely be thrown out in court.

The state attorneys and police are part of the executive branch and subject to directives of the politician in charge. Theoretically, electing the state attorneys directly would motivate them to not just do whatever the administration wants, be that legally reasonable or not. In practice it probably does not matter.

Re: Reporter likely to be charged for using “view source” feature on web browser

#48
I hope they charge him, because it's going to be very hard to prosecute I believe, and a victory would enshrine legal rights to 'Right Click' and view source.

I think the trial would come under enormous scrutiny.

If the reporter lost the case in local banana republic courts, I do believe it would go up to Federal or Supreme and it would win.

Re: Reporter likely to be charged for using “view source” feature on web browser

#49
post #42
post #39

Earlier quoted context omitted.

Just because any system could or do have biases, that’s no good defence of a system we know has terrible pernicious biases that are visibly compromising it’s integrity. I’m a Brit, and I’d have good expectations of being treated fairly if I faced prosecution as an innocent person here in the UK, in France, Germany, or plenty of other countries. I have no such confidence about the USA. Especially so if the crime I was…

Specially when the public side is underfunded and defending yourself is insanely expensive. Not that law is cheap anywhere, but from recent cases like Kyle Rittenhouse and officer Potter it seems just stupid and broken.

After both looking into the details myself and watching LegalEagle's analysis of the case, I'm not convinced that there was anything wrong with the Rittenhouse trial. Rittenhouse was stupid for driving into the city in the first place, but each of the times he fired his gun seemed perfectly reasonable. And I had initially thought that he was looking for an excuse to shoot black people, but then found out that all 3 people he shot were white.

Re: Reporter likely to be charged for using “view source” feature on web browser

#50

Earlier quoted context omitted.

"A better analogy would be you're walking in the street past a neighbor's house and notice their front door wide open with no one around. You can see a purse and car keys near the door. You phone that neighbor, and tell them their door is open and their purse and keys are easily visible from the street. Would Parson consider this breaking and entering?" This was only a few lines below that.

That's not a better analogy. The implication is that somehow the raw HTML is more valuable than the rendered webpage. You don't get to publish a "rendered webpage"; what you publish is raw HTML. If you didn't want people to read it, you didn't ought to have published it. [Edit] Also, taking a copy of the HTML isn't like taking keys and a purse. If you take keys and a purse, the owner has been deprived of them. That's…

It’s a good analogy in terms of how far the “breaking into” stuff you go.

The journalist literally only saw what you legitimately see from the street, just as “view source” only shows you what you’re supposed to see anyway.

As far as the technical analogy goes, I’d probably agree.

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