Author Archives: Michael Froomkin

Who Is More Reliable, NASA or NIMA?

I wouldn't have thought this was a tough choice. Given recent history, NASA's stock is rather low…which would make one think that the SIGINT folks, always the cream of the spy world in my book, ought to have the edge. But consider this tale of compartive evaluations of reconnaisance photos, Whatever Happened to Mars Polar Lander? U.S. Spy Agencies Might Know:

The loss of the Mars Polar Lander became a detective story that pitted photo analysts at a super-secret spy agency and NASA experts about the overall condition of the lost-to-Mars probe.

It's a saga of light and dark pixels, egos, and professional courtesy, and a report that never saw the light of day, until now.

In an early attempt to find the spacecraft, overhead search imagery of the MPL landing site was acquired by the Mars Orbiter Camera (MOC) system, carried by NASA's Mars Global Surveyor that had been orbiting the planet since 1997.

Both JPL as manager of the MPL mission, as well as Malin Space Science Systems, the primary contractor/operator of the MOC system, conducted additional imagery scans to look for the lander.

But locating MPL, or pieces of a wrecked spacecraft, proved inconclusive. Even if MPL sat on the surface intact it would have been tough to detect. The MOC system was right at the very limits of its abilities to clearly spot MPL hardware.

At NASA's request, a team from the National Imagery and Mapping Agency (NIMA) — recently renamed as the National Geospatial-Intelligence Agency — carried out a detailed search of the primary MPL landing area utilizing MOC images and an array of high-tech analytical equipment.

Why NIMA? The agency is both a combat support as well as national intelligence agency whose mission is to provide timely, relevant and accurate geospatial intelligence, or GEOINT, in support of our national security. The agency is an acclaimed leader in describing, assessing, and visually depicting physical features on Earth. In short, it makes use of such hush-hush tools as spy satellites.

NASA, in turn, reviewed the NIMA story — a nicely bound report, one that was complete with lots of Mars Global Surveyor imagery, other color pictures, drawings, circles and arrows throughout.

According to a source familiar with the report, and taking into account expert advice about the inner workings of Mars Global Surveyor's MOC system, NIMA got it “embarrassingly wrong.”

The suspect pixels probed by NIMA were identified as electronic noise in the MOC hardware. The NIMA experts didn't detect Mars Polar Lander, the source said, “they detected noise.”

The NIMA folks, of course, didn't agree with this assessment.

I have no idea who is right, but I'm curious now, and look forward to the Mars Reconnaissance Orbiter's HiRISE (High Resolution Imaging Science Experiment) which might decide the dispute. If NIMA was really taken in by 'noise' it will definitely shake my faith in the part of the intelligence apparatus I always ranked miles above the CIA. [#INCLUDE joke about finding WMD's on Mars here.]

Posted in Science/Medicine | Comments Off on Who Is More Reliable, NASA or NIMA?

Contracts and Bondage

I like this: Contracts and Bondage, a web site run by Maximillian Dornseif, he of the interesting disLEXia 3000 blog.

No, it's not what you think. It's worse: “A collection of EULAs and other 'contracts' one comes across when using a computer.” He invites submissions.

Posted in Law: Copyright and DMCA | Comments Off on Contracts and Bondage

Florida Weird News In Review — 2003

I suppose given my location, I'm compelled to link to 2003 Florida Weird News In Review. Although if that's the authoritative list, it actually seems like we had a fairly tame year by Florida standards. Especially compared to the national list, 2003: A Dave odyssey, prepared by Miami's own Dave Barry.

I did, however, especially like this item from the Weird News in Review:

Criminal charges were dropped against a Callaway man accused of smashing his way into a neighbor's house and chasing a woman with a knife. A Panama City judge was convinced the man was temporarily insane from drinking jasmine tea.

Jasmine tea is one of my wife's favorites.

Posted in Completely Different, Florida | Comments Off on Florida Weird News In Review — 2003

This Is NOT What We Are Trying to Achieve in Law School

Jeremy Blachman, Are You Having Trouble Paying Attention to This Post?:

“I heard a story about someone at a fine law school that is thinking about starting to take Ritalin (or something like it). Apparently he feels like he hasn't been grasping the material as well as some of his classmates, and hopes that this will help him concentrate better and give him the competitive edge he needs. Or at least restore parity — he apparently says he knows lots of people taking it, and feels like it's not fair for them to get this drug-induced edge, and not him.”

Great. Something new that maybe I should be worrying about. I have no problem with people taking Ritalin if they have a genuine disorder — and know at least one serious person who genuinely believes he does have ADD and the drug helps him. I do worry that the disorder is over-diagnosed, and that some people will shop for doctors willing to prescribe stuff they might be better off without.

Mr. Blachman worries about the morality of it all, expressing dismay

“at the thought that we live in a world where this becomes a choice that people feel an incentive to make. That the pressure to succeed, the pressure to get the slightly higher grade, the pressure to go beyond what you can do on your own — is great enough that someone feels it's worth it to medicate themselves and try to correct for what is perhaps just a natural variation in attention span and concentration.”

Of course, from my point of view it's potentially an even more personal issue: what if I am part of the pressure-inducing problem? Am I helping create a generation of drug-dependant lawyers? I run a tough class, I push people, I demand precision. Would adopting a more touchy-feelie approach be healthier for students? And, just as important, which will be better for their eventual clients?

Perhaps comfortingly, though, as Mr. Blachman describes it, the main pressure seems to be competition with other students. So, so long as I'm even-handed in my pushiness…

Posted in Law School | 2 Comments

German Court of First Instance Issues Major Ruling Upholding Right Against Government Surveillance on Sidewalks

disLEXia 3000 blog reports on what sounds like a major German court decision on privacy in public places.

Court: leave unobserved areas for pedestrians
Heise is reporting that a german court just ordered a shop to stop complete camera surveillance of the sidewalk/ambulatory around their premises. The court upheld that this even is the case if the sidewalk is owned by the shop but used by the general public for passage.

In any cases there must exist a “tunnel” of unsurveillanced ground where people can pass through.

If this judgment is upheld major parts of our cities should see dismantling of thousands of cameras.

Oh, how I wish I read German! The Heise article gets mangled less than usual by the Babelfish (see extended entry), but it's still mangled. And there appear to be a court decision and a decision of Privacy Commissioners somewhere too…

For starters, I'd like to know the legal basis of this decision. Is it the German Constitution? A statute? A local ordinance? Something at the Euro-level (surely not the toothless data protection directive)?

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Posted in Law: Privacy | 3 Comments

‘Dire’ Predictions About the State of the Network in 2004

A regular poster to the North American Network Operators Group (Nanog) mailing list going by the moniker of “batz” (a surname? a nickname? a comment on mental stability?) has posted some fairly dire predications about attacks on the network in 2004. All but two of them seem all-too-plausible to me. In weighing the reliability of these predications, consider the fairly good scorecard for Batz's predictions for 2003. In the extended entry, I've reformatted the original and added my comments in italics.

Of course, despite all this, the Internet will be even more bound into the fabric of daily life a year ago than it is today, and on the whole we'll be better off for it..

Nanog, incidentally, is having its 10th anniversary meeting in Miami in February!

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Posted in Internet, Sufficiently Advanced Technology | Comments Off on ‘Dire’ Predictions About the State of the Network in 2004