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    Concurring Opinions

    concurringopinions.com · Publication · on HN since 2008

    Concurring Opinions is a group blog by law professors on legal topics, including criminal procedure, technology law, privacy and AI.

    Visit blogHN submissions
    Privacy & PolicyCulture & Society
    What HN says

    HN commenters cite it on German plea bargaining and Fourth Amendment questions, and link a post criticizing victim blaming in a revenge porn article.

    Stats for nerds
    18HN people shared it
    12linked in comments
    73story points
    Oct 2016last shared
    2009people per year2016

    Top posts on HN

    1. 1
      Disrupting “Disruption” Rhetoric
      1 person · 58 points · first shared 2013 · 17 comments on HN
    2. 2
      Penalty Clauses and the Nexus One
      1 person · 3 points · first shared 2010 · Discussion on HN
    3. 3
      Why Weak AI Is Interesting Enough
      1 person · 2 points · first shared 2011 · Discussion on HN
    4. 4
      A New Threat to Generativity (Bellovin on Intel-McAffee/Apple)
      1 person · 2 points · first shared 2010 · Discussion on HN
    5. 5
      Terrorists Prohibited from Using iTunes
      1 person · 1 points · first shared 2010 · Discussion on HN
    6. 6
      The TPP and Copyright
      1 person · 1 points · first shared 2013 · Discussion on HN
    7. 7
      “Robotica” – First Book on Speech Rights and Artificial Intelligence Published
      1 person · 1 points · first shared 2018 · Discussion on HN
    8. 8
      Does Google Have a Legal Right to Censor?
      1 person · 1 points · first shared 2008 · Discussion on HN
    9. 9
      Contact lenses with integrated circuitry
      1 person · 1 points · first shared 2008 · Discussion on HN
    10. 10
      The Long-Discredited Challenge to the Impartiality of Minority Judges
      1 person · 1 points · first shared 2016 · Discussion on HN

    What HN people wrote when they linked it

    • timsallyOct 2013

      You're the professional, but to my understanding your characterization that the amount of information yielded by a search is a 4th amendment analysis "out of thin air" isn't accurate. Alito wrote in his concurrence in Jones v. United States:

      Justice Alito then evaluates the GPS surveillance here, noting that “devices like the one used in the present case … make long-term monitoring relatively easy and cheap.” “[T]he best we can do in this case,” reasons Alito, “is to apply existing Fourth Amendment doctrine” and “ask whether the use of GPS tracking in a particular case involved a degree of intrusion that a reasonable person would not have anticipated.” Alito at 13. Under this inquiry, “the use of longer term GPS monitoring in investigations of most offenses impinges on expectations of privacy,” because “society’s expectation has been that law enforcement agents and others would not — and indeed, in the main, simply could not — secretly monitor and catalogue every single movement of an individual’s car for a very long period.” http://www.concurringopinions.com/archives/2012/01/united-states-v-jones-privacy-in-public-space-piece-it-all-together-and-you-get-5.html

      It seems to me that Alito is saying that the amount of information gathered in Jones is relevant to 4th Amendment analysis. Specifically: "society’s expectation has been that law enforcement agents and others would not — and indeed, in the main, simply could not — secretly monitor and catalogue every single…

    • hackuserOct 2016

      > tax returns are illegally obtained and released about Trump

      The NY Times did nothing illegal.[0] The person who provided the tax return (actually one page of a return, afaik) might have broken the law; we don't know. There are rumors that it was Marla Maples, his wife at the time, in which case their joint tax return was hers as much as his, and hers to release (unless there's some rule preventing one spouse releasing a joint return without the other's permission).

      Another major difference is that the NY Times carefully vetted the tax return to make sure it was accurate; they found and talked to Trump's accountant at the time, used other information to corroborate it, and gave Trump an opportunity to respond.

      Wikileaks, in contrast, publishes information without any vetting, making them a tool for lies and propaganda campaigns.

      > we should ignore the content

      How do you know it's accurate? Certainly, an anonymous Internet source is not at all credible, many people have motives to (and many actually do) spread lies and falsify documents during a political campaign, and Russian intelligence, which has a track record of such things[1] and is not at all a credible source, is very likely is behind the theft of the information.[2]

      ----

      [0] https://concurringopinions.com/archives/2016/10/fan-125-1-first-amendment-news-10-first-amendment-experts-comment-on-legality-of-nyt-release-of-trumps-tax-returns.html

      [1]…

    • smalterOct 2013

      you should see a lawyer.

      but the black letter law as of when i was a lawyer (2010) is that you can trade on an overheard conversation (see the switzer case involving the famed oklahoma football coach).

      you don't have a fiduciary duty to the company and you don't inherit the duty from the tipper because the tipper tipped without personal benefit.

      edit a reliable reference (contra some of the other sources cited in this thread): http://www.concurringopinions.com/archives/2009/08/insider-trading-dear-guy-speaking-behind-me-in-the-loud-voice.html

    • rarestnewsApr 2009

      You can't be that lazy :)

      http://google.com/search?q=porn+captcha
      http://news.bbc.co.uk/2/hi/technology/7067962.stm
      http://www.concurringopinions.com/archives/2007/10/creative_ways_t.html (note the quoted part from article)
      and probably a thousand others

      Also I personally did stumble to Google's captcha in quite a few sites (borderline porn) posing it as their own for registration purposes (sometimes monochromed though). Google has easily recognizable captcha.

    • XylakantJan 2013

      It's been linked and discussed here http://news.ycombinator.com/item?id=5059044 Please keep in mind that the paper is about as old as I am (34 years) and some things have changed, most notably that germany now has a plea bargaining system, though it's quite a bit different from the american one. See http://www.concurringopinions.com/archives/2009/07/german-bundestag-passes-plea-bargaining-law.html for an overview (linked from the discussion).

    • zarothMar 2013

      This on Forbes? It's an ill informed exercise in victim blaming. The "apology" comes at the end, in the form of a link to a quite valid criticism of the article:

      http://www.concurringopinions.com/archives/2013/02/adventures-in-victim-blaming-revenge-porn-edition.html

      If you read the Forbes article, be sure you click through to the critique to see how flawed his logic is.

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