chayim

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About chayim

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  1. FUTURE SHOCK WRITES; "For an analogy, if I have the police come to my house with a valid search warrant, and I have a LOCKED ROOM, they can ask me to open that room. If I say no, I am in violation of the search warrant, obviously. And I can be arrested and/or held in contempt. An encrypted drive is the equivalent of a locked room, plain and simple. And they can compell you to open it, the same as if it was a locked room. You can put the strongest lock on that room that you want, but the police can still order you to open it - after all, the search warrant says your whole house is (usually) open to search. Similarly, you can put the stongest lock on your files - but the police with a warrant can compell you to open it. In my mind, this is NOT a violation of civil liberties in any respect. A search warrant is a search warrant, and they had to prove to a judge that something was probably illegal at that residence to get it. A locked room, a locked car trunk, or an encrypted file is, and should be, equivalent. So far, I have been impressed with the willingness of the US courts to apply that rule to not only filesharers, but mafia bosses with encrypted books, and corporate criminals with encrypted emails. It's not a "screw the little guy" law, it seems to work it's magic across spectrum, as long as it's fairly applied in the initial search warrant phase..." with all due respect you have no clue what the hell you are talking about and im not impressed with these so called judges doing this,. Id be impressed if these so called judges actaully have properly put up the right collateral to hold a us district bench but you probably dont have a clue what I am talking about. and I'd like you to name one case of contention where this has held up.. a search warrant gives the law the right to search what the warrant specifies. why do you think they confiscate the computers and take them to a lab? They have the right to use whatever means necassary to break down the locked down, even blow it up, you are absolutely wrong that they can compell you to give up the key. I will wager you hsave never even seen a search warrant in person before.. can any and all locked doors or car be broken into? the answer is yes, can any and all encrypted disks be broken into? NO,, therefore your analogy falls short of a proper equivalent and your solution to this dilema wreaks of nazism in my opinion. again only under the patriot act in its specific guidelines can your point of view hold water, But name me a case where your viewm a case that was contested on the grounds i mentioned, held up then we can talk. That is the problem with the interpretation of law today; ignorance is not an excuse to violate civil liberties.. I agree with the specific nature of the patriot act if used correctly by law enforcement under its legistative intent. I agree even means of physical force, if a suspect it is ascertained behind his locked door has a nuke bomb, then its a matter of national security. But read what the DOJ is saying about Warez, they are trying to make that arguement because they know the next logical progression of it if bought into; "warez is a matter of national security and falls under the patriot act" and one day some idiot judge who has not properly offered the correct collateral to sit on a district bench will go along with it. When and if that days happens, Im out of here Do not be fooled by the greedy corporate american system. Sadly many are falling victim to ignorance here. Do I agree that warez file sharing is a crime? Yes I do and if a suspect is properly brought to justice, that suspect if proven guilty beyond a reasonable doubt, if his/her rights have not been violated, shall be punished accordingly to US STATUTE in its codification. However as you originally stated,(about large file downloading automatically assumes guilt) just because a person might download a ton of files a month, the gov has no right to pry into this. What is next, If I like to eat a ton of hamburgers a month shold I be investigated as well? or If I like to buy a ton of clothes does that reasonably assume I am selling the trade secrets of a certain type of bluejean? Maybe I have a mental issue and I like to download a ton of useless garbage, Im neurotic and like to downloadthe same shareware over and over again to test my speeds. according to you thats grounds for suspicion. Acoording to me who so ever thinks this in itself is suspect cant potentionally buy into nazi type thinking. Your attitude is disturbing here. In your zealously to see justice done, be careful that one day because of your race, opinion, or otherwise, your rights are not violated.
  2. ...bla bla bla....An encrypted drive is the equivalent of a locked room, plain and simple...bla bla bla 100% correct. Listen to this man. He knows what he’s talking about. then any locked room can be broken down plain and simple but they cannot compell you are use threats of imprisonment and/or torture to get you to give up the key. again break down the door= break the encryption, but ah its not the same is it? its not the equivalent to a locked door, any and all locked doors can be broken into, any and all encryption cannot. again only if the alleged crime falls under the patriot act can the feds hold one without trial until the give up the key, if they do not they can rot in jail for the rest of their lives and the courts have upheld this concerning acts of possible terrrorism, but again they must show that a person being held here qualifies as an enemy combatant and the patriot is quite clear regarding cybercrime and its relation ot terrorism. Of course the above what I said is total bs if you beleive the movie "The Rock" where they hold a guy before the enaction of the patriot act as a type of "enemy combatant." I'm sure the feds dso this anyways and thats what concerns allot of us. law enforcement people tend to be morons; It is up to competant judges to uphold justice and correctly intrepret legislative intent and constutionality. Sadly, the usa system is starting to break down and showing signs of pre ww2 Nazi Germany in my strong opinion.
  3. One more thing I forgot to mention; you say; "With cause (such as monitoring network traffic for filesharing), they will certainly get the search warrant. Your encryption alone is probably enough grounds to get a judge's order to have the key released - it is almost tantamount to an admission of guilt - "if he ISN'T doing something illegal, then why does he have 500Gigs of encrypted files???"."" NO NOT WITH CAUSE.. with "PROBABLE CAUSE" what u miss is that they need a warrant TO MONITOR YOUR IP TRAFFICK IN THE FIRST PLACE" If you feel otherwise than I am sure you would agree that law enforcement can follow me to work, they can monitor who i associate with.. sound familar? again the Nazi comparision "we FEEL we have probable cause to monitor you because you are "A JEW" you do not address the very issue of how they were able to legally monitor your ip traffick in the first place. You arguement assumes; "Those who generate large amount of IP traffick are PROBABLY GUILTY OF ILLEGAL FILE SHARING" << there is where you go wrong. Generating large amounts of ip traffick is not in itself a crime. If it was I suppose they can get warrants for IBM since they generate a large amount of file traffick. This is not "probable cause" not even close, its ASSUMING.. I assume EVERYONE WHO GENERATES huge ip traffick is guilty of illegal warez file swapping.. "file swappers" are automatically guilty of engaging in illegal file swapping activities "Jews" are automatically guilty of trying to destroy Germany because that what Jews are business people and they are acting illegally to hurt the very core of germany" DISTURBING to say the least... SEE?
  4. Future Shock writes inpart; "With cause (such as monitoring network traffic for filesharing), they will certainly get the search warrant. Your encryption alone is probably enough grounds to get a judge's order to have the key released - it is almost tantamount to an admission of guilt - "if he ISN'T doing something illegal, then why does he have 500Gigs of encrypted files???"." The above type of attitude indicates a lack of understanding of usa Federal statute and state statutes as well; Your comment about Encyrption is absurd.. This is a form of "Nazi thinking" for instance "your lust for money indicates you are most likely A JEW" << sound familar? "your Big nose indicates you are guilty of being A JEW" there is the 5th amendment HERE TO CONSIDER.. It is not contempt of court and if I was ever in this situation, Id resist regardless of what information I had encrypted. Your comparision to a search warrant and a "locked door" is a bit off. One does not have to open the door for them. A search warrant would not instruct them to compell you to open the said door, but only that they have a right to search what is behind it. You are confusing things here a bit. They can kick it down but they cannot compell you to open up a door even with a warrant because again the 5th amendment has bering here. This assumes if one is "Hiding something that can implicate you as "guilty of a crime" then it is soley up to them to break the door down. If they cannot they are "out of luck" the same with encryption. If you decided to delete the encyrption key it is soley uip to them to break the encyrption, ifd they cannot they cannot "assume guilt" This is not about "assumption" thats the core issue what ia wrong with America today and a comparision to a pre ww2 Nazi Germany is justified.. Simply generating a large amouny of traffick on your ip is not grounds for "probable cause" It lies in an "assumptive nature".. I might be swapping legal files with my freinds, source code, etc. The fact that I generate alot of ip traffic is not paramount nor does it reach the grounds of any probable cause on its own merit. Let's say for argument sake I was involved in "warez" which I am not but for arguments sake in a purely hypothetical sense, I was; The law would have to establish probable cause, not a suspicion of guilt. They cannot use the partiot act here if the suspicion does not reach the level of "terrorist activity" which The Patriot act clearly defines what that is, and it does not include copyright infringement on any level, I.E "WAREZ" The Probable cause(for the warrant) would have to entail that a fed witnessed me uploading and/or downloading warez, i.e they would first have to "sting me" by inviting me to participate on a site and or sites they setup themselves. If I participate and illegal actions are witnessed, then the large amount of ip traffick is part of the probable cause to issue a search warrant Your assesment "assumes guilt by suspicion" and would violate my civil liberties. Again, The Patriot act covers this, the difference between "probable cause" and "reasonable suspicion" and again, "reasonable suspicion" would only fall under the partiot act's SPECIFIC definitions of "TERRORISM" They refer to "Cyber Terrorism" but there is no manin section dealing with "Warez" I.E "copy right infringement" Your attitude is most alarming here concerning these issues. However I will admit allot of judges fail to uphold the very constitution they have sworn to uphold. Hnece The Usa might be in the begining stages to eventually initiate marshall law one day/ This is because of again, JUDGES WHO Violate their sworn oaths and improper jUDges, I.E THOSE who have not put up the proper collateral to hold a bench position. The usa today in itself acts in illegally all the time. It does alarm me and should alarm everyone else. Dont fall for the "we need to get rid of liberal judges" sound bites.. be free thinkers not brainwashed puppets!! Peace