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DHS is using obscure law to snoop on journalists, non-profits, unions

theguardian.com

91–100 of 114 posts

Re: DHS is using obscure law to snoop on journalists, non-profits, unions

#91
post #90

Earlier quoted context omitted.

I thought the exact same thing and that's what I would do too(I didn't). This is from the official openpgp repository and you end up asking your self these things. PGP is set up in a way where this wouldn't be that hard either. You could easily encrypt every message with a master key so that every PGP message sent would be decryptable. That's how group messaging works, everyone encrypts the same message with everyone…

If you want to do encryption the proper way on modern browser, look into https://developer.mozilla.org/en-US/docs/Web/API/Web_Crypto_...

I'm aware of webcrypto, but decided PGP was more suitable.

Mainly, the physical private key

It's also been battle tested much longer then webcrypto.

What makes it improper in your eyes?

Re: DHS is using obscure law to snoop on journalists, non-profits, unions

#92

Earlier quoted context omitted.

> The board of a company must act in the interests of shareholders I think you don't understand what this phrase means. In a publicly-traded company, "the interest of the shareholders" does not mean "whatever the shareholders want"; it means "whatever is best for the company." That means money. It may be possible to be both profitable and moral; but if it isn't, the fiduciary duty obligates corporate officers to choo…

How are unsustainable decisions and practices working in the best interests of the shareholders?

Investors are motivated by short term gains.

Re: DHS is using obscure law to snoop on journalists, non-profits, unions

#93
post #69

Earlier quoted context omitted.

> The board of a company must act in the interests of shareholders I think you don't understand what this phrase means. In a publicly-traded company, "the interest of the shareholders" does not mean "whatever the shareholders want"; it means "whatever is best for the company." That means money. It may be possible to be both profitable and moral; but if it isn't, the fiduciary duty obligates corporate officers to choo…

> there is no general obligation for companies to behave morally, but there is a general obligation to behave profitably What is that based on? I'd say there are certainly obligations for both. The fact that some ignore those obligations - either obligation, for example when corrupt management stuffs its own pockets - doesn't make them less.

> What is that based on?

It's based on the (US) law. Corporate officers failing to advance the interests of the company can be prosecuted civilly or criminally.

There is no analogous legal obligation to act morally or in the interest of the general public.

https://www.iod.com/resources/governance/fiduciary-duties-fo...

Re: DHS is using obscure law to snoop on journalists, non-profits, unions

#95
post #77

Earlier quoted context omitted.

> human responsibility Not sure what this means. I think you meant to write "fiduciary duty": the company's board have an affirmative legal obligation to act in the interest of stockholders, regardless of moral impact.

No , you're spreading misinformation [0]. The company's board does not have a legal obligation to "act in the interest of stockholders regardless of moral impact" in any meaningful manner. Anything, including "positive moral impact", can be spun as being in the interest of shareholders. What you're implying is a legal duty towards short-term profit maximization. Absolutely nothing of the sort exists. [0] https://news…

"Can be spun" is doing a lot of work in your argument.

In fact, corporate officers are routinely sued (or even criminally prosecuted) for failing to advance specifically the company's interests. Trying to "spin" general moral good as a net positive for the company when it negatively impacts share price typically does not sway a jury.

https://www.iod.com/resources/governance/fiduciary-duties-fo...

Re: DHS is using obscure law to snoop on journalists, non-profits, unions

#96

Earlier quoted context omitted.

How are unsustainable decisions and practices working in the best interests of the shareholders?

Investors are motivated by short term gains.

Some are. Others are holding for the long term.

Re: DHS is using obscure law to snoop on journalists, non-profits, unions

#97
post #68

Earlier quoted context omitted.

> human responsibility Not sure what this means. I think you meant to write "fiduciary duty": the company's board have an affirmative legal obligation to act in the interest of stockholders, regardless of moral impact.

> Not sure what this means That's quite a statement. > I think you meant to write "fiduciary duty" No, our responsibilities go far beyond fiduciary duties. You can see what Google did in this case, for example, or Apple's extraordinary investment in engineering for privacy a "human right", per Apple - far more than its users grasp or could understand. > the company's board have an affirmative legal obligation to act…

> or Apple's extraordinary investment in engineering for privacy

It's easy for a company to build privacy-related features, if those features help sell products. But you are kidding yourself if you think Apple is willing to sacrifice billions of dollars for a "moral good".

I'm not saying (publicly traded) companies never act morally. I am saying that given a choice, they will always choose profits over morality.

> Not long ago, DEI and ESG were widely accepted and practiced.

And how much difference did they actually make? Studies show not much. It's performative posturing to improve the company's image in pursuit of profits, not a real moral stand. How does Raytheon putting a rainbow in their advertising for one month a year help anyone? And as soon as they feel the cultural tide shift, they drop those policies like a hot potato.

> That's a theory

Not a theory. It's literally the law.

Re: DHS is using obscure law to snoop on journalists, non-profits, unions

#98
post #85
post #37

Earlier quoted context omitted.

> Wouldn't the affected individual be able to sue the provider at least in some cases? And lose time and money, which they also likely don't have?

If you go by this logic, you can forget the entire legal system. You might as well immediately close all lawsuits and declare the party the winner that has more capital. It doesn't (yet) work that way.

>Ιf you go by this logic, you can forget the entire legal system.

I did. I'll still file a lawsuit if I'm forced to, but I gave up in the idea that it functions in any singificant way as to not declare the winner the party that has more capital.

Re: DHS is using obscure law to snoop on journalists, non-profits, unions

#99
post #7
post #5

Earlier quoted context omitted.

It also requires a judge who is willing to interpret the rule the way you want. Law doesn’t execute deterministically like code does.

No that’s the whole point of this article. In this case, the private companies being summonsed are acting as both judges and data holders being summonsed. This doesn’t go to a judge to approve. So in this case, the point they’re making is most private companies just roll over at the sight of a summons, so the law absolutely executes deterministically (ok, not truly deterministic, but you’re relying on the judgement o…

There are startlingly few, if any situations where anything other than an actual court order, not any of this BS "administrative subpoena" can compel someone to silence - that whole "prior restraint" thing.

Re: DHS is using obscure law to snoop on journalists, non-profits, unions

#100

Earlier quoted context omitted.

> My viewpoint is that we should eventually have AI be assisting in determining if a search is reasonable in the moment. That is truly bananas. Whose AI? Trained on what data? We've had numerous studies show how AIs can be biased, and a police dept. is going to choose whatever AI "works best for them" — i.e., keeps most out of their way. You can see Flock for examples here: despite requiring justification for searche…

>Whose AI? Trained on what data? The government. Trained on data to maximize accuracy and minimize constitutional violations. >We've had numerous studies show how AIs can be biased, and a police dept. is going to choose whatever AI "works best for them" Violating the constitution means that evidence gets thrown out in court and the victims get financially rewarded. It is not in the police's interest to violate people…

> Violating the constitution means that evidence gets thrown out in court and the victims get financially rewarded.

No, usually it only means that maybe that specific evidence only gets thrown out. Financial reward? No, maybe if it's absolutely egregious.

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