665 Matching Annotations
  1. Feb 2021
    1. Benford’s Law is a theory which states that small digits (1, 2, 3) appear at the beginning of numbers much more frequently than large digits (7, 8, 9). In theory Benford’s Law can be used to detect anomalies in accounting practices or election results, though in practice it can easily be misapplied. If you suspect a dataset has been created or modified to deceive, Benford’s Law is an excellent first test, but you should always verify your results with an expert before concluding your data has been manipulated.

      This is a relatively good explanation of Benford's law.

      I've come across the theory in advanced math, but I'm forgetting where I saw the proof. p-adic analysis perhaps? Look this up.

    1. Cunningham’s Law

      Cunninghams' Law - Humans have a tendency to correct others.

      People do not like to tell you things, they like to contradict you.

    1. what is allowed

      What is allowed = what is legal (i.e. copyright law) and what the journal is willing to publish or reject. If authors are told they should consult the journal and the only response is the journal's own policy, assuming it contradicts the right retention strategy (RRS), the Publisher/Editor/Production Editor will be misinforming the author and denying them their legal rights.

    2. However, we are unable to support one route to compliance offered by Plan S,

      The publishers below will not support the Plan S rights retention strategy (RRS). In its simplest form the RRS re-asserts the authors' rights as the rights holder to assign a copyright license of their choice (CC BY informed by their funding agency) to all versions of their research/intellectual output. In the case of the RRS states that the author should apply a CC BY license to their accepted manuscript (AAM) if they cannot afford to pay article processing charges or choose not to apply a CC BY license to the Version of Record (VoR), which they are free to do. Therefore, this statement is either saying the undersigned will not carry publications forward to publication (most appropriate approach), or they will not support the same copyright laws which fundamentally protects their rights and revenue after a copyright transfer agreement is signed by the rightsholder.

      Academy of Dental Materials

      Acoustical Society of America

      AIP Publishing

      American Academy of Ophthalmology

      American Association for Pediatric Ophthalmology and Strabismus

      American Chemical Society

      American Gastroenterological Association American Institute of Aeronautics and Astronautics

      American Medical Association

      American Physical Society

      American Society for Investigative Pathology

      American Society for Radiation Oncology

      American Society of Civil Engineers

      American Society of Hematology

      American Society of Clinical Oncology

      American Association of Physicists in Medicine

      American Association of Physics Teachers

      AVS – The Society for Science and Technology of Materials, Interfaces, and Processing

      Brill

      British Journal of Anaesthesia

      Budrich Academic Press

      Cambridge Media

      Cambridge University Press

      Canadian Cardiovascular Society

      De Gruyter

      Duncker & Humblot

      Elsevier

      Emerald

      Erich Schmidt Verlag

      French Society of Biochemistry and Molecular Biology

      Frommann-Holzboog Verlag

      Future Science Group 

      Hogrefe

      International Association for Gondwana Research

      IOP Publishing

      Journal of Nursing Regulation

      Journal of Orthopaedic & Sports Physical Therapy (JOSPT).

      Julius Klinkhardt KG

      La Découverte

      Laser Institute America

      Materials Research Forum LLC

      The Optical Society (OSA)

      Pearson Benelux

      SAGE Publishing

      Society of Rheology

      Springer Nature

      Taylor & Francis Group

      The Geological Society of America

      Thieme Group

      Uitgeverij Verloren

      Verlag Barbara Budrich

      Vittorio Klostermann

      wbv Media

      Wiley

      Wolters Kluwer

  2. Jan 2021
  3. trumpwhitehouse.archives.gov trumpwhitehouse.archives.gov
    1. The bedrock upon which the American political system is built is the rule of law.

      Here's another theme that emerges in the document repeatedly. Watch over the next ten pages or so as it goes from natural rights and law-over-ruler to obedience.

    1. Jo Maugham QC [@jolyonMaugham] (2020, August) Calling on retired lawyers! Law students! Bored lawyers! We at @GoodLawProject need your help with some research... we are working on what will be (well, if we win it) seminal litigation to establish the precautionary principle as a freestanding part of E&W common law! Twitter. Retrieved from: https://twitter.com/JolyonMaugham/status/1296092565075369984

    1. Secular Kemalist rhetoric relieved some of the international concerns about the future of Armenians who had survived the 1915 Armenian genocide, and support for Kurdish self determination similarly declined.

      Mustafa Kamal Ataturk wisdom in the defence of Turkey

  4. Dec 2020
    1. In adjudicating the status ofAfricans and their descendants, such as Fernando, the English colonistscould follow the lead of the Iberians and conclude that slavery was apermanent condition, and apply the principle ofpartus sequitur ventrem,according to which slave status passed from mother to child.

      L. “That which is brought forth follows the belly”

    2. oned and evenreenslaved if he remained in the state in which he was born. In Louisianaor Virginia, when a person sought to prove in court that he was not aperson of color, he would bring evidence of civic acts, because citizenshipand whiteness were so linked in political thought and legal doctrine thatit was believed a citizen must be a white man, and only a white man couldbe a citizen.
    3. Ariela had written a book about the history of theeveryday law of slavery in the U.S. Deep South that emphasized localculture and law,

      2019-12-30 12:12:53 AM

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  5. Nov 2020
    1. The first is that the presence of surveillance means society cannot experiment with new things without fear of reprisal, and that means those experiments—if found to be inoffensive or even essential to society—cannot slowly become commonplace, moral, and then legal. If surveillance nips that process in the bud, change never happens. All social progress—from ending slavery to fighting for women’s rights—began as ideas that were, quite literally, dangerous to assert. Yet without the ability to safely develop, discuss, and eventually act on those assertions, our society would not have been able to further its democratic values in the way that it has. Consider the decades-long fight for gay rights around the world. Within our lifetimes we have made enormous strides to combat homophobia and increase acceptance of queer folks’ right to marry. Queer relationships slowly progressed from being viewed as immoral and illegal, to being viewed as somewhat moral and tolerated, to finally being accepted as moral and legal. In the end it was the public nature of those activities that eventually slayed the bigoted beast, but the ability to act in private was essential in the beginning for the early experimentation, community building, and organizing. Marijuana legalization is going through the same process: it’s currently sitting between somewhat moral, and—depending on the state or country in question—tolerated and legal. But, again, for this to have happened, someone decades ago had to try pot and realize that it wasn’t really harmful, either to themselves or to those around them. Then it had to become a counterculture, and finally a social and political movement. If pervasive surveillance meant that those early pot smokers would have been arrested for doing something illegal, the movement would have been squashed before inception. Of course the story is more complicated than that, but the ability for members of society to privately smoke weed was essential for putting it on the path to legalization. We don’t yet know which subversive ideas and illegal acts of today will become political causes and positive social change tomorrow, but they’re around. And they require privacy to germinate. Take away that privacy, and we’ll have a much harder time breaking down our inherited moral assumptions.

      One reason privacy is important is because society makes moral progress by experimenting with things on the fringe of what is legal.

      This is reminiscent of Signal's founder's argument that we should want law enforcement not to be 100% effective, because how else are we going to find out the gay sex, and marihuana use doesn't devolve and doesn't hurt anybody.

  6. Oct 2020
    1. Some legislation allows for treatment to be given in certain circumstances without the patient's volition. For example, irresponsible people with communicable diseases may be treated against their objection, as in the case of patients with tuberculosis who are noncompliant with treatment. Also, all provinces allow for the involuntary admission of patients to psychiatric facilities, provided they present an immediate risk to themselves or others, or are unable to take care of themselves

      These highlight cases where you can treat patients without their consent.

      1. Irresponsible people with communicable diseases (e.g. Tuberculosis)

      2. Psychiatry patients that pose an immediate threat to themselves and/or those around them.

    2. Voluntariness is a legal requirement of valid consent. In Beausoleil v. Sisters of Charity[8] a young woman about to undergo spinal surgery repeatedly requested a general anesthetic and refused a spinal anesthetic. After the patient had been sedated, the anesthetist convinced her to have a spinal anesthetic. The patient was subsequently paralyzed as a result of the procedure and successfully sued the anesthetist. In testimony, a witness said that the patient "refused [the spinal anesthetic], but they continued to offer it to her; finally she became tired and said: 'You do as you wish' or something like that."[9] The judge stated that the patient's agreement to the spinal anesthetic was involuntary, because it rested on "words which denote defeat, exhaustion, and abandonment of the will power."

      Very interesting case in which the doctor wore out out the patient by repeatedly asking her to for permission for spinal anesthetic to the point where the lady 'gave permission'. This was found by the courts to be involuntary as it was permission gained from loss of willpower.

  7. learn-us-east-1-prod-fleet02-xythos.content.blackboardcdn.com learn-us-east-1-prod-fleet02-xythos.content.blackboardcdn.com
    1. because we are all equal and independent, no-one ought toharm anyone else in his life, health, liberty, or possessions

      much more positive/optimistic outlook than hobbes

    2. For the law ofnature, like every law concerning men in this world, would befutile if no-one had power to enforce it and thereby preservethe innocent and restrain offenders

      agrees with Hobbes in that laws of nature need an enforcer- just instead says every man has this power

    1. Horwitz argued a fairly radical point, which I think never received wide enough recognition due to the subject matter and his extremely difficult (dense and dry) style.  He said, “I seek to show that one of the crucial choices made during the antebellum period was to promote economic growth primarily through the legal, not the tax, system, a choice which had major consequences for the distribution of wealth and power in American society”

      I'll have to add this book to my to read stack.

    2. “Change brought about through technical legal doctrine,” Horwitz said, “can more easily disguise underlying political choices [than] Subsidy through the tax system” (101).
    1. Think about fundamental tools for thought such as writing and the number system. Obviously, it’s good that those spread throughout society, unencumbered by IP concerns! More broadly, many tools of thought become more valuable for society as they become more ubiquitous.

      Metcalfe's Law at work here.

  8. Sep 2020
    1. The origin of these commandments follows the law of negative entities impressing information upon positively oriented mind/body/spirit complexes.

      Think about this "law". The law of negative entities is impressing information upon positively oriented beings. Interesting. Think of the old game, "Don't think of an elephant"

    1. of course there’s 7 guys per girl, but it’s not like I wanted any friends who weren’t guys, right?

      Dude, you've got no friends at all, it's not right for you to be so picky.

      Update: it gets worse:

      I bail on Toastmasters because they charge dues and I don’t need to pay for training in public speaking.

      cy1 admits he was a user to that group from the get go. He stopped by just to see if he could get laid. It turns out I gave him too much benefit of the doubt. The men there were just an obstacle to him all along!

    1. Yet another disadvantage to poorly chosen metrics is that they can lean into something called Goodhart’s Law, a subset of the moral hazard of gameplay specific to measurement. A good summation of the law comes from British anthropologist Marilyn Strathern, who describes it like this: “When a measure becomes a target, it ceases to be a good measure”

      compare with Heisenberg principle

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  9. Aug 2020
    1. When a former psychiatric patient killed two people on the streets of Chapel Hill, North Carolina, and then sued the psychiatrist who had treated him for failing to prevent the murders, the mental health world dismissed the suit as frivolous. But when a jury agreed with the killer and awarded him $500,000 in damages, bewilderment was the order of the day (1). Can it be true, psychiatrists asked, that murder pays—as long as you can blame your psychiatrist for your deed?

      This is the case where it was initially ruled that the psychiatrist was the proximate cause for the patient, Williamson, to commit murder. Subsequent higher courts overturned this decision.

    1. What if, as in the case of anonymous résumés, the DA had no clue about the race of the accused? For that matter, what if you also removed identifying information on the victim and even the location of the crime? In 2019, the San Francisco DA’s office began anonymous charging, removing potentially biasing information from crime reports DAs use to decide whether or not to bring charges (http://bkaprt.com/dcb/02-30/). It’s too soon to tell the outcome of that experiment but, again, the removal of a decisive element may enhance an experience rather than detract from it.

      Another way to potentially approach this is to take the biasing information and reduce the charging by statistical means to negate the biased effects?

      Separately, how can this be done at the street level to allow policing resources to find and prosecute white collar criminals who may be having a more profoundly deleterious effect on society?

  10. Jul 2020
    1. Defamation law walks a fine line between the right to freedom of speech and the right of a person to avoid defamation. On one hand, a reasonable person should have free speech to talk about their experiences in a truthful manner without fear of a lawsuit if they say something mean, but true, about someone else. On the other hand, people have a right to not have false statements made that will damage their reputation.
    1. Perhaps most significantly, these latest guidelines clearly state that Cookie Walls are prohibited and that the EDPB does not consider consent via scrolling or continued browsing to be valid. 
    1. These criminal acts are frequently planned and supported by agitators who have traveled across State lines to promote their own violent agenda.  These radicals shamelessly attack the legitimacy of our institutions and the very rule of law itself.

      Appears to be an implicit reference to the Anti-Riot Act.

  11. Jun 2020
    1. The legal system, Horwitz argued, was used to not only change the rules of the game to benefit an increasingly elite class, but also to hide the fact that these changes were being made.  This is a great argument. What it needs is some people in the story to show how it happened and how people reacted, assuming anyone on the short end of the transaction knew it was happening. This raises an interesting question: how do we tell stories about things we now see were happening, but that people of the time were unaware of, either because the evidence was hidden, or they just didn’t see things the way we do? Especially when people knew something was wrong, but couldn’t quite put their finger on it -- or blamed it on the wrong thing? The story isn’t just about unintended consequences, it’s about misunderstood consequences.
    1. He used to say: At five years of age the study of Scripture; At ten the study of Mishnah; At thirteen subject to the commandments; At fifteen the study of Talmud; At eighteen the bridal canopy; At twenty for pursuit [of livelihood]; At thirty the peak of strength; At forty wisdom; At fifty able to give counsel; At sixty old age; At seventy fullness of years; At eighty the age of “strength”; At ninety a bent body; At one hundred, as good as dead and gone completely out of the world.

      growth in knowledge

    1. EFF describes this as “a major threat,” warning that “the privacy and security of all users will suffer if U.S. law enforcement achieves its dream of breaking encryption.”
    2. Once the platforms introduce backdoors, those arguing against such a move say, bad guys will inevitably steal the keys. Lawmakers have been clever. No mention of backdoors at all in the proposed legislation or the need to break encryption. If you transmit illegal or dangerous content, they argue, you will be held responsible. You decide how to do that. Clearly there are no options to some form of backdoor.
    3. While this debate has been raging for a year, the current “EARN-IT’ bill working its way through the U.S. legislative process is the biggest test yet for the survival of end-to-end encryption in its current form. In short, this would enforce best practices on the industry to “prevent, reduce and respond to” illicit material. There is no way they can do that without breaking their own encryption. QED.
    4. Governments led by the U.S., U.K. and Australia are battling the industry to open up “warrant-proof” encryption to law enforcement agencies. The industry argues this will weaken security for all users around the world. The debate has polarized opinion and is intensifying.
    1. Such is the security of this architecture, that it has prompted law enforcement agencies around the world to complain that they now cannot access a user’s messages, even with a warrant. There is no backdoor—the only option is to compromise one of the endpoints and access messages in their decrypted state.
    1. As EFF has warned, “undermining free speech and privacy is not the way to protect children.”
    2. “not only jeopardizes privacy and threatens the right to free expression, but also fails to effectively protect children from online exploitation.”
    3. the encryption debate continues to rage in the U.S., with proposed new legislation representing the clearest threat yet to the security underpinning WhatsApp and iMessage, as well as Signal, Telegram and Wickr
  12. May 2020
    1. The equivalent practice in the consumer market is that of out-of-warranty appliances, where the customer can pay for repairs as needed (break/fix) or they can buy an extended warranty (managed services).
    1. Though GDPR is primarily a legal challenge, a technological response was also necessary to meet the transparency and control requirements that arise as a result of GDPR implementation.
    1. When evaluating whether or not a legal basis can apply, please be sure to go through them with your lawyer as determining the correct legal basis is very important and can be difficult.
    2. It’s worth saying though that while the law may give you up to 30 days to honor these requests, most subscribers won’t. It is therefore prudent to honor opt-out requests promptly or risk being marked as spam and compromising the total legitimacy of your associated address.
    3. These exemptions include emails in which the primary purpose is: Transactional: These are emails relating to already-agreed-upon transactions, or emails that deliver goods or services as a part of a transaction that the user already agreed to (e.g. License key or E-book delivery).Relationship: These are emails that update users (that already have a relationship with your service) about changes in product / service terms, features or account information; this also includes warranty, recall, safety, or security information about a product or service.Other (Non-commercial) emails.
    4. Under the FTC’s CAN-SPAM Act, you do not need consent prior to adding users located in the US to your mailing list or sending them commercial messages, however, it is mandatory that you provide users with a clear means of opting out of further contact.
    5. Generally, these laws apply to any service targeting residents of the region, which effectively means that they may apply to your business whether it’s located in the region or not.
    1. For residents of the European Economic Area, the Right of Withdrawal applies to any purchase of game software which requires a download and which has not been used for 14 days after purchase.
    1. Generally, such legislations apply to any service targeting residents of the region, which effectively means that they may apply to your business whether it’s located in the region or not
    2. Under the FTC’s CAN-SPAM Act, you do not need consent prior to adding users located in the US to your mailing list or sending them commercial messages, however, it is mandatory that you provide users with a clear means of opting out of further contact.
    3. Under EU law (namely the GDPR) it is mandatory that you obtain the informed consent of the user before subscribing them to the service. Under EU regulations, acquiring consent can be considered a two-part process that includes informing the user and obtaining verifiable consent via an affirmative action.
    4. These rules usually apply to any company selling to EU residents but may vary for international sellers on a case-by-case basis. It is worth noting, however, that in recent cases US courts have chosen to uphold the applicable EU law.
    5. In the US, there is no one national law in regards to returns/refunds for purchases made online as in most cases, this is implemented on a state-by-state basis, however, under several state-laws, if no refund or return notice was made visible to consumers before purchase, consumers are automatically granted extended return/refund rights. In cases where the item purchased is defective, an implied warranty may apply in lieu of a written warranty
    6. The banner is not necessarily required in this specific instance if the cookie policy is easily accessible and visible from every page of the site.
    7. Because using cookies means both processing user data and installing files that could be used for tracking, it is a major point of concern when it comes to user data privacy rights.
    8. In the US, there is no single comprehensive national body of data regulations; there are, however, various laws on a state level as well as industry guidelines and specific federal laws in place. Since online site/app activity is rarely limited to just one state, it’s always best to adhere to the strictest applicable regulations.
    1. it buys, receives, sells, or shares the personal information of 50,000 or more consumers annually for the business’ commercial purposes. Since IP addresses fall under what is considered personal data — and “commercial purposes” simply means to advance commercial or economic interests — it is likely that any website with at least 50k unique visits per year from California falls within this scope.
    1. Is an Impressum legally required? The Impressum is legally required on all commercial websites published in German-speaking countries (Germany, Austria, and Switzerland), whether the website is published via a .de top-level domain or not. The point can be made that if you simply have a personal blog without ads and make no money from it, then the Impressum is not required.
    1. The only reason why your workaround isn't blocked as well is because it has additional steps that don't explicitly breach Mozilla's policies. But it certainly defeats the spirit of it.
  13. Apr 2020
    1. Legal Forms Library Virginia Legal Forms Welcome to the Virginia Legal Forms Library There are several ways to use this resource. Explore using the buttons below or search by Legal Form category or title in the search area above.
    1. The service offered by iubenda helps the User by providing tools that facilitate compliance with certain legal requirements. In particular, iubenda offers the User the possibility to autonomously create their own legal documents from the provided Templates.
    1. Having said all that, I think this is completely absurd that I have to write an entire article justifying the release of this data out of fear of prosecution or legal harassment. I had wanted to write an article about the data itself but I will have to do that later because I had to write this lame thing trying to convince the FBI not to raid me.
    2. I could have released this data anonymously like everyone else does but why should I have to? I clearly have no criminal intent here. It is beyond all reason that any researcher, student, or journalist have to be afraid of law enforcement agencies that are supposed to be protecting us instead of trying to find ways to use the laws against us.
    1. Ley 23 de 1982

      In 2018 the law 1915/2018 modifies this law. Adding a chanche to Legal Deposit law. The chances are now underway.

  14. Mar 2020
    1. Humans can no longer compete with AI in chess. They should not be without AI in litigation either.
    2. Just as chess players marshall their 16 chess pieces in a battle of wits, attorneys must select from millions of cases in order to present the best legal arguments.
    1. The Cookie Law does not require that records of consent be kept but instead indicates that you should be able to prove that consent occurred (even if that consent has been withdrawn). The simple way to do this would be to use a cookie management solution that employs a prior blocking mechanism as under such circumstances, cookie installing scripts will only be run after consent is attained. In this way, the very fact that scripts were run may be used as sufficient proof of consent.
    2. You are also not required to manage consent for third-party cookies directly on your site/app as this responsibility falls to the individual third-parties. You are, however, required to at least facilitate the process by linking to the relevant policies of these third-parties.
    3. conspicuously provide the option for obtaining informed consent, provide a means for the withdrawal of consent and guarantee, via prior blocking, that no tracking is performed before the user has provided consent.
    4. the Cookie Law does not require that you provide users with the means to toggle cookie preferences directly on your site/app
    5. the publisher would be required to check, from time to time, that what is declared by the third parties corresponds to the purposes they are actually aiming at via their cookies. This is a daunting task because a publisher often has no direct contacts with all the third parties installing cookies via his website, nor does he/she know the logic underlying the respective processing.
    6. When you think about data law and privacy legislations, cookies easily come to mind as they’re directly related to both. This often leads to the common misconception that the Cookie Law (ePrivacy directive) has been repealed by the General Data Protection Regulation (GDPR), which in fact, it has not. Instead, you can instead think of the ePrivacy Directive and GDPR as working together and complementing each other, where, in the case of cookies, the ePrivacy generally takes precedence.
    1. Another EU law worth mentioning here is the ePrivacy Directive (also known as the Cookie Law). This law still applies as it has not been repealed by the GDPR. In future, the ePrivacy Directive will be replaced by the ePrivacy Regulation and as such, will work alongside the GDPR; the upcoming regulation is expected to still uphold the same values as the directive.
    1. If a website/app collects personal data, the Data Owner must inform users of this fact by way of a privacy policy. All that is required to trigger this obligation is the presence of a simple contact form, Google Analytics, a cookie or even a social widget; if you’re processing any kind of personal data, you definitely need one.
    1. In short, a website needs a consent-management platform if any of the following activities are taking place:
    2. Regardless of where an organization is based (in the EU or otherwise), its website must meet regulatory obligations when processing EU/EEA citizens’ data or the business will face financial penalties.
    3. the introduction of the EU’s General Data-Protection Regulation (GDPR) has significantly impacted the way websites and business collect, store and use both types of cookies. For one, the GDPR includes cookies in its definition of personal data, which refers to any piece of data or information that can identify a visitor.
    1. Are cookies governed by the GDPR? Cookie usage and it’s related consent acquisition are not governed by the GDPR, they are instead governed by the ePrivacy Directive (Cookie Law) which in future will be repealed by the up-coming ePrivacy Regulation.
    2. If your website installs any non-technical cookies, e.g. via script like Google Analytics or via a Facebook share button
    3. If your website can be visited by European users
    1. In accordance with the general principles of privacy law, which do not permit the processing of data prior to consent, the cookie law does not allow the installation of cookies before obtaining the user’s consent, except for exempt categories.
    1. the performance of a contract may not be made dependent upon the consent to process further personal data, which is not needed for the performance of that contract
    1. prove that your interpretation of EU laws (“My Privacy Policy covers everything, explicit consent isn’t required, I don’t have to give my visitors any kind of control because they can block cookies before visiting my site,” etc) is right
    2. I don’t know anymore whether something is still legal or not
    1. A data subject should have the right of access to personal data which have been collected concerning him or her, and to exercise that right easily and at reasonable intervals, in order to be aware of, and verify, the lawfulness of the processing
    2. Every data subject should therefore have the right to know and obtain communication in particular with regard to the purposes for which the personal data are processed, where possible the period for which the personal data are processed, the recipients of the personal data, the logic involved in any automatic personal data processing
    3. Where possible, the controller should be able to provide remote access to a secure system which would provide the data subject with direct access to his or her personal data.
    1. Google Analytics created an option to remove the last octet (the last group of 3 numbers) from your visitor’s IP-address. This is called ‘IP Anonymization‘. Although this isn’t complete anonymization, the GDPR demands you use this option if you want to use Analytics without prior consent from your visitors. Some countris (e.g. Germany) demand this setting to be enabled at all times.
    1. However, we recognise there are some differing opinions as well as practical considerations around the use of partial cookie walls and we will be seeking further submissions and opinions on this point from interested parties.
    2. While we recognise that analytics can provide you with useful information, they are not part of the functionality that the user requests when they use your online service – for example, if you didn’t have analytics running, the user could still be able to access your service. This is why analytics cookies aren’t strictly necessary and so require consent.
    1. Ryan said he believes the GDPR has resulted in a “game of chicken” between the tech industry and regulators, where companies are trying to see what they can get away with and doing the bare minimum — without taking meaningful action or, often, actually complying with the law.
    1. The system has been criticised due to its method of scraping the internet to gather images and storing them in a database. Privacy activists say the people in those images never gave consent. “Common law has never recognised a right to privacy for your face,” Clearview AI lawyer Tor Ekeland said in a recent interview with CoinDesk. “It’s kind of a bizarre argument to make because [your face is the] most public thing out there.”
    1. For instance, a strict interpretation of the law would require publishers to get opt-in consent by individual vendor, rather than an 'Accept All' pop-up prompt. The approach that publishers and ad tech vendor are taking is that a mass opt-in button - with an option to dive deeper and toggle consent by vendor - follows the "spirit of the law". This stance is increasingly coming under fire, though, especially as seen by a new study by researchers at UCL, MIT, and Aarhus University.
    1. In mid-2017, the EU’s antitrust watchdog hit Google with a $2.7 billion fine for unfairly favoring its own service over those of its rivals
    2. “It’s strange to say, ‘Yeah, we’re going to respect the privacy of Europeans more than all other human beings all over the world,’”
  15. Feb 2020
  16. Jan 2020
  17. Dec 2019
    1. They call this retribution. Hateful name!

      Retributive justice holds that the correct punishment for a crime balances the wrong, and that punishing wrongdoers deters others from committing similar crimes in the future. Note, however, that Justine is wrongfully executed for the death of William. Shelley thus seems to imply that hasty prosecution, especially for the sake of revenge, might hurt the innocent, thereby creating new injustices.

      At the time of its writing, there was already a concerted reformist effort to do away with the death penalty. For example, as early as 1762, Jean-Jaques Rousseau wrote in The Social Contract that "There is no man so bad that he cannot be made good for something. No man should be put to death, even as an example if he can be left to live without danger to society."

    2. No youth could have passed more 049happily than mine. My parents were indulgent, and my companions amiable. Our studies were never forced; and by some means we always had an end placed in view, which excited us to ardour in the prosecution of them. It was by this method

      Mary may be borrowing from her father's work in her account of Victor's childhood. Regarding children, William Godwin's Political Justice recommends that we: "Refer them to reading, to conversation ... but teach them neither creeds nor catechisms, either moral or political ... Speak the language of truth and reason to your child, and be under no apprehension for the result. Show him that what you recommend is valuable and desirable, and fear not but he will desire it. Convince his understanding, and you enlist all his powers animal and intellectual in your service" [Godwin, An Enquiry Concerning Political Justice (London, 1798) I: 43].

    3. she desired permission to address the court

      Women were not allowed to address the court or testify in criminal cases unless there were special circumstances, including in the United States. The legal silencing of women in law courts was discussed in Mary Wollstonecraft's The Wrongs of Woman (published posthumously by William Godwin in 1798).

    4. The ballots had been thrown; they were all black

      That the ballots were "all black" means that no one on the jury or panel of judges voted to acquit Justine.

    5. Lycurgus

      Lycurgus (c. 820 BC) was the legendary reformer of Sparta. He established the military-oriented reformation of Spartan society, and promoted the three Spartan virtues: equality (among citizens, at least), austerity, and military fitness.

    6. it is certainly more creditable to cultivate the earth for the sustenance of man, than to be the confidant, and sometimes the accomplice, of his vices; which is v1_117the profession of a lawyer

      (Deleted in 1831). Percy Shelley had suffered negative rulings by the English court system and Mary seems to share his moral judgment on the legal profession. This skepticism will soon be reinforced in the novel by the court's harsh treatment of Justine Moritz.

  18. Sep 2019
      • 講述程序的重要性。
      • 檢察官還是可以取得你的通訊內容,但須透過「刑法」向法院申請搜索票才能向電信公司取的資料。如果用其他法條取得的資料都不能在法院做為證據。
      • 結論:多個法官做把關。
  19. Aug 2019
    1. In an effort to reduce prescription drug abuse, especially of opioids, while not obstructing clinically appropriate treatments, states are increasingly pursuing legislation known as “pill mill” laws, aimed at restricting the clinical operations of health care clinics that account for disproportionately high volumes of opioid and other controlled substance prescribing.
  20. Jul 2019
    1. “Urgent action must be taken by the UK’s governments to ensure that the tools used to regulate political campaigning online continue to be fit for purpose in a digital age,” said Sir John Holmes, chair of the Electoral Commission.
  21. futureofcoding.org futureofcoding.org
    1. Apparently 77% of Wikipedia is written by 1% of editors - and that’s not even counting users.

      hard to believe

  22. Jun 2019
  23. May 2019
    1. Humans act like a “liability sponge,” she says, absorbing all legal and moral responsibility in algorithmic accidents no matter how little or unintentionally they are involved.
  24. Apr 2019
    1. It has to be punished.

      Does it? Why?

      In The Illustrated Guide to Law Nathan Burney argues that there are 3 purposes when society punishes - rehabilitation, deterrence, and retribution/removal. Which of these goals do our academic honesty processes address, and how well?

    1. Everyone was striving to be a part of the legal profession (if you weren’t, what was wrong with you?). Everyone was applying for summer placement schemes, Legal Practice Course places, training contracts, all the next stages that you needed to tick off to succeed.

      This is interesting.

    1. Amazon’s technology struggles more than some peers’ to identify the gender of individuals with darker skin, prompting fears of unjust arrests. Amazon has defended its work and said all users must follow the law.

      Draw any parallel to "The Handmaid's Tale" and you're right.

  25. Mar 2019
    1. Experts say any filters introduced will likely be error-prone and ineffective. They also note that given the cost of deploying such filters, the law may have the opposite effect to politicians’ intent — solidifying the dominance of US tech giants over online spaces.

      This is not only saddening, but points to a significant part of one of the problems.

    1. This article is a new law that was appended to Penal Code in 2011, and in Japan, it is generally known as the "Offense of Creating Virus".  Although the law calls it virus, the wider definition of this law was set with an  intension to crack down on developing and distributing malware.

      Wow. Three Japanese individuals are facing strong sentencing due to draconian and weird "cyber laws".

      The individuals simply provided people with links to an infinitely looping web page.

    1. Edward Thorndike's three laws of learning. The page does not explain this, but his theories came out in about 1900. His three laws of learning appear to be relevant to our course work. This simple page features black text on a white page. It is brief and it simply describes the three laws of learning. rating 5/5

    1. The costs of such displays are now quite high—ranging from $20,000 to $60,000, depending upon the symbol repertoire, symbol-structure display capacity, and the quality of the symbol forms. One should expect these prices to be lowered quite drastically as our technology improves and the market for these displays increases.

      Engelbart articulating Moore's Law before it was officially established

    1. Strong Defense assumes that truth is determined by social dramas, some more formal than others but all man-made. Rhetoric in such a world is not ornamental but determinative, essentially creative. Truth once created in this way becomes referential, as in legal precedent. The court decides "what real-ly happened" and we then measure against that. The Strong Defense implies a figure/ground shift between philosophy and rhetoric-in fact, as we shall see, a continued series of shifts. In its world, there is as much truth as we need, maybe more, but argument is open-ended, more like kiting checks than balancing books. Much as we want to evade it, howeve

      Law creates rhetoric, or rhetoric creates law? Philosophy of law generally presupposed that law is objective. Lanham's argument makes a good case that law presents itself as objective, even though it can't possibly ever be.

  26. Feb 2019
    1. pleased to comply with my motion; and upon ex-amination found that the signification of that word was not so settled or certain as they had all imagined; but that each of them made it a sign of a different complex idea.

      I wonder what implications this sort of questioning has in legal/political rhetoric? Is this sort of discussion something that happens much in a courtroom?... seems like it could be useful... Maybe Sharee would know more about that.

    1. argument

      Lawyer and teen know-it-all jokes aside, I can see real potential that this statement is true. Making an argument requires testing it to see if the argument remains logical and consistent under varying circumstances. The problem must be thought through to its logical conclusion. That is the entire process of law school--thinking through problems and developing legal principles in response to those problems.

  27. Jan 2019
    1. there the advocate cannot prejudge the case lest he threaten both jus-tice and his own livelihood

      Proponents of legal realism would disagree. An example would be Oliver Wendell Holmes in Buck v. Bell, which decided it was constitutional for a state to sterilize purported mentally disabled people against their will, even though this has NO constitutional basis whatsoever. The outcome of the case was determined before the briefs were ever filed because Holmes and other eugenicists decided the outcome that was supposedly best for society regardless of constitutional protections for freedom, liberty, and cruel and unusual punishment.

    2. there the advocate cannot prejudge the case lest he threaten both jus-tice and his own livelihood.

      There is danger afoot.

      I remember when I used to think that achieving equality under the law was like playing Jenga. Legal precedents were things that were stacked--one on top of another--like a tower of Jenga blocks, intricately connected. To fight for equality was to strategically go after specific precedents (blocks) that would eventually cause the tower to fall and allow for new, pro-equality precedents to be made (stacked), creating a new tower. But then I realized that Jenga can't be played if the initial blocks aren't placed on top of something else -- a particular surface/foundation -- and the same goes for legal precedents. There's always something lurking below (or beyond). We are still prejudging when it comes to the law -- but not in a way that works with or for everyone.

  28. Nov 2018
    1. Why More Law Schools Are Prioritizing Technology Integration

      The article explores how law schools are beginning to focus more on integrating technology into the learning environment in order to help students understand that the new technology makes it easier for lawyers to work with clients. Rating: 5/5

  29. Oct 2018
    1. Advocates in Dubai - Get Legal Advice Finding advocates to assist you in legal cases can become tiresome especially when the need for legal representation or legal consultancy arises. Especially in Dubai, addressing any legal issues within the Emirates jurisdiction requires expert legal advice. However, there are several Professional Advocates in Dubai who can be approached to seek quality legal advices. Offering comprehensive solutions, litigation and legal consultancy in line with international standards for individual and corporate clients needs are the services that white collar professionals assist you with. Setting up a business, establishing their legal status to employment arrangement, corporate transactions and court representations are few of the other cases advocates deal with. The best Advocates in Dubai always work on developing a good working relationship with clients and putting their needs first.

  30. Jul 2018
    1. It’s this combination, the fetish for strength and the idealization of racially coded innocence, that has historically led authoritarian movements to subvert the rule of law in the name of order.
    1. In the light of this evidence, which is fully supported by transport research, 17 Virilio formulated the �romological law, which states that increase in speed mcreases the potential for gridlock.

      Virilio's dromological law: "increase in speed, increases the potential for gridlock."

      This evokes environmental concerns as well as critiques of political privilege/power wrt to elites with access to fast transport options and those with less clout relegated to public transportation, traffic jams, less reliable options, etc.

  31. Apr 2018
    1. entailed

      “To settle (land, an estate, etc.) on a number of persons in succession, so that it cannot be bequeathed at pleasure by any one possessor” (OED).

  32. Mar 2018
    1. The noble Baroness also expressed concern about not losing any EU functions. The Government are committed to ensuring continuity, but there are a small number of functions it would be inappropriate for us to transfer to a UK public authority after exit. Examples might include the functions of the Translation Centre for the Bodies of the European Union or the Authority for European Political Parties and European Political Foundations. The Clause 7(1) power makes provision to remove these functions, but only if, outside the EU, they were somehow deficient, not simply because the Government disliked them as a matter of policy.The noble Baroness raised the important matter of maintaining rights, standards and equalities protections, and I want to make clear to noble Lords it is not the intention of this Government to weaken these as a result of our exit from the EU. It is for that very reason that it is necessary for Ministers to have the ability to make adjustments to any relevant legislation to ensure we can continue to enjoy these rights, standards and equalities as we currently do when we are no longer part of the EU.

      government response to general points

  33. Feb 2018
    1. Allthings, therefore, which are as they ought to be, are conformed unto thissecond law eternal,

      This is the most overthought piece of information I have ever read in one passage, and for Richard Hooker to be able to discuss the ideas of the laws of ecclesiastical polity entirely amazes me. I still feel like no matter how much you analyse the text you would have a hard time coming to your conclusion.

  34. Jan 2018
  35. Dec 2017
    1. Brooks’ Law, which states “adding manpower to a late software project makes it later”

      S. McConnell adds an interesting take on this in his: Brooks' Law Repealed? article.

  36. Nov 2017
    1. Our vision around the phrase reclaim is at least in part inspired by the documented work that Boone Gorges and D'Arcy Norman have been doing to take back their online presence from third-party services since 2011. While their approach is far more drastic than what we are advocating, Project Reclaim represents an ethos that is diametrically opposed to the innovation outsourcing that is prevalent in higher education IT shops at the moment.
    2. mandate the use of "learning management systems."

      Therein lies the rub. Mandated systems are a radically different thing from “systems which are available for use”. This quote from the aforelinked IHE piece is quite telling:

      “I want somebody to fight!” Crouch said. “These things are not cheap -- 300 grand or something like that? ... I want people to want it! When you’re trying to buy something, you want them to work at it!”

      In the end, it’s about “procurement”, which is quite different from “adoption” which is itself quite different from “appropriation”.

    3. Five Arguments against the Learning Management System
    1. Why, they would build an LMS. They did build an LMS. Blackboard started as a system designed by a professor and a TA at Cornell University. Desire2Learn (a.k.a. Brightspace) was designed by a student at the University of Waterloo. Moodle was the project of a graduate student at Curtin University in Australia. Sakai was built by a consortium of universities. WebCT was started at the University of British Columbia. ANGEL at Indiana University.
    2. Let's imagine a world in which universities, not vendors, designed and built our online learning environments.
    3. the backbone of for a distributed network of personal learning environments
  37. Oct 2017
    1. The end result is essentially a two-level application of Conway’s Law: a collaborative extended community of technologists that creates not simply a collection of disparate tools but rather chainable tools that leverage crowdsourced architectural principles to facilitate a level of coordination and interactivity we’ve never seen before.

      This coordinated technology environment, in turn, facilitates the reorganization within companies, as they now have the tools they need to break down organizational silos, and people within those companies self-organize along horizontal lines

    2. The causality question behind Conway’s Law, therefore, is less about how changing software organizations can lead to better software, but rather how companies can best leverage changing technology in order to transform their organizations.

      Hints at how to answer this question surprisingly come from the world of devops – surprising because the focus of devops is ostensibly on building and deploying better software more quickly. Be that as it may, there’s no question that technology change is a primary facilitator and driving force for the devops cultural and organizational shifts.

    3. Direct annotations don't work here.

  38. Sep 2017
    1. nequality

      We will discuss how networks can produce and reproduce inequality. It is called the power law.

    1. clustering effect.

      This is also the power law; it takes links to get links. Power law is how inequality produced and reproduced in networks. Check it out!

    1. power-law rather than a Gaussian distribution

      Do you know how to measure power law? I have some data that I am sure follows a power law because of the curve of the line. I don't know how to calculate it. I am just eyeballing it. Is there a better way?

  39. May 2017
    1. curse

      This line refers the curse refers to the requirement in greek mythology that you must honor the dead by giving them a proper burial

  40. Apr 2017
    1. ‘no child left behind

      Dated - replaced with "Every Student Succeeds".... and the demands of Common Core are new since this writing I believe.

  41. Mar 2017
    1. But be that as it may, any complete statement about motives will offer some kind of

      A bit of a side note, but I think it's interesting how much Burke relies on "motive" in part to determine the "who, what, when, where, how" of an act. In a court of law in the U.S. judicial system, the only facets of guilt that a prosecution is required to establish are: means (person had ability to do a crime) and opportunity (person had the ability to be at the time and place of a crime). Motive (person had a reason to commit a crime) is something that juries like to hear, but is not legally required to establish guilt. Just an interesting comparison, I think. That our legal system puts so little weight on the "motive" of an act and so much more on the "facts" or the "who what when where and how" of an act--as if they exist separately from one another. Whereas for Burke, "motive" cannot really exist apart from the answers to those questions.

  42. Feb 2017
    1. The Campus Carry movement is largely the creation of the Leadership Institute, a conservative activist organization, partnered with gun rights activists who are further right than the NRA. They have paid college students to form Campus Carry clubs.

    1. But suppose on the way to Wal-Mart, you see a random mom-and-pop store that looks interesting. What do you know about its safety standards? Nothing.

      There exists trust. You trust a lot of people you don't know every day -- you also do the opposite and don't shop in stores that look suspicious today.

      You can also trust small business whose owner or previous records you know personally, that also happens a lot today.

      Besides that, in a libertarian world law would exist and solve part of these problems: https://hypothes.is/a/PBirDvnYEeaWvjeIs4H9kg.

    2. Let’s say Wanda’s Widgets has one million customers. Each customer pays it $100 per year, for a total income of $100 million. Each customer prefers Wanda to her competitor Wayland, who charges $150 for widgets of equal quality. Now let’s say Wanda’s Widgets does some unspeakably horrible act which makes it $10 million per year, but offends every one of its million customers.

      If the person doesn't care if it is "offended" then that's ok, it can still buy. If it is offended in a way the common law qualifies as punishable then the person can sue, and lawsuits are expensive for the company. If the offence is not sufficiently serious then the person should either move to a different culture or try to change its culture, it is not a matter of State, but of law and culture.