Author Archives: Michael Froomkin

20 More Possible Reasons Not to Use Vista

There are a few reasons to use Vista and lots of reasons not to. Here are 20 more candidates for the second group from Softpedia:

Are you using Windows Vista? Then you might as well know that the licensed operating system installed on your machine is harvesting a healthy volume of information for Microsoft. In this context, a program such as the Windows Genuine Advantage is the last of your concerns. In fact, in excess of 20 Windows Vista features and services are hard at work collecting and transmitting your personal data to the Redmond company.

Microsoft makes no secret about the fact that Windows Vista is gathering information. End users have little to say, and no real choice in the matter.

The Redmond company emphasized numerous times the fact that all information collected is not used to identify or contact users.

I don't for a second doubt that Microsoft means this. But that's not the right question: the issue isn't how they use it; the issue is how they store it. If the data are collected and stored in a manner that retains a personally-identifiable character, then either Microsoft or someone who handed it a subpoena (or warrant) could use the data to link an IP number to whatever else is collected. And on this question the article is silent — which means that while this may or may not be worth worrying about, we can't actually tell for sure either from this story or from Microsoft's Vista Privacy Statement (indeed, from the sound of the latter, it does sound as if at least some of the data are kept individualized rather than aggregated). And until we know more, chalk up more reasons not to use Vista.

And here's the chaser:

Microsoft has an additional collection of 47 Windows Vista features and services that collect user data. However, not all phone home and report to Microsoft. Although the data collection process is generalized across the list, user information is also processed and kept on the local machine, leaving just approximately 50% of the items to both harvest data and contact Microsoft. Still, Microsoft underlined the fact that the list provided under the Windows Vista Privacy Statement is by no means exhaustive, nor does it apply to all the company's websites, services and products.

Posted in Software | 1 Comment

Where I’m Going

I'm going to have another little burst of travel: Saturday I'll be leaving for the Durham, NC area to drop off a camper (the two-legged, not the four-wheeled, sort), Monday I'll go on to Toronto to spend a packed work-week in a room with other members of the ICANN NomCom.

The NomCom's proceedings are covered by promises of confidentiality, so I won't be blogging about them — and if the meetings run late, which they likely will, I many not be blogging about much else next week either.

After that, it's back home for the rest of the summer.

PS. No substantive posts today because I spent the WHOLE DAY in a meeting (but not about ICANN).

Posted in Personal | 5 Comments

Will Libby Escape Probation Too? Maybe Not

Meanwhile, Judge Walton asks if Libby is even eligible for probation when his sentence was commuted before he served it (the statute assumes that supervised release follows incarceration). He's asked for briefs by Monday (Judge Walton's order and further discussion at Scotus Blog, Sentencing Law and Policy, Big Tent Democrat and Firedoglake).

The good folks at Talkleft, however, think they have two plausible answers to this: (1) the day Scooter got booked counts as one day of incarceration for time-served credit, so that satisfies the statutory pre-requisite; (2) the statute doesn't matter, because the commutation power is plenary, and the president can transmutate prison time into something less harsh (people can refuse pardons, so there is no risk that something harsher would be substituted). As a result, the statute prerequisite isn't relevant here. Details at Suggestions for Judge Walton on Libby's Supervised Release.

Posted in Politics: US: GW Bush Scandals | Comments Off on Will Libby Escape Probation Too? Maybe Not

Daily Kos: Libby’s “Pardon on the Installment Plan” == Sabotage of Investigation

Daily Kos: A Pardon on the Installment Plan

It should be noted, for future record, that the President of the United States has just used his power of clemency to sabotage an active criminal investigation into the office of his own Vice President. In some parallel universes, I have heard tell that such a thing was once itself considered corruption, or obstruction. It seems at minimum useful to put a footnote in the history books, somewhere, that such a remarkable thing could happen and still receive not merely praise, but unsheepish celebration among people who pretend nightly to be serious about such things.

I think almost everyone involved sees this as what it almost certainly is: Scooter Libby, loyal to the last, is getting his pardon on the installment plan. There is little advantage — and distinct disadvantage — for Bush to pardon the charges entirely, at the moment, but Bush indeed came through with an impeccably timed effort to ensure Libby faced no actual material consequences from his actions. Facing immediate jail time? Then kill the jail time. All of it, from day one onward. If Libby was in any actual danger of having to pay his $250,000 fine, there seems little doubt he would have seen that part of his sentence commuted as well.

But now Libby is in no imminent danger: problem solved. Bush has neatly and in one action removed any impetus for Libby — or anyone else — to cooperate with government investigators. There is no leverage a prosecutor can use against Libby, in order to gain a plea deal in exchange for information that he has so far refused to provide. Conservative backers have contributed more than five million dollars in a slush fund for Libby's defense, and are eager to help him in his hour of need.

Posted in Politics: US: GW Bush Scandals | Comments Off on Daily Kos: Libby’s “Pardon on the Installment Plan” == Sabotage of Investigation

Happy July 4, 2007

IN CONGRESS, July 4, 1776.

The unanimous Declaration of the thirteen united States of America,

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.—That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, —That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.—Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.

He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For Quartering large bodies of armed troops among us:

For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefits of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:

For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

Posted in Politics: US | 1 Comment

Fireworks at the Padilla Trial

Local federal court uber-blogger (and sometimes cheesecake purveyor) David Marcus points out that the lawyers in the Padilla trial have something to worry about over July 4th:

Southern District of Florida Blog: Dress up day…: In the Jose Padilla trial, jurors showed up today all dressed up. Row one in red. Row two in white. And row three in blue. I'm not kidding.

And this isn't the first time the jury has dressed up. A week back, all of the jurors (save one) wore black.

So what do you make of this. On the one hand, the jury might just be having some fun. This is a long trial and it's not a one hour Law and Order show. It's boring.

Perhaps the jury is unified, which might be a poor sign for the defense. If everyone is thinking the same way at such an early stage, defense lawyers get nervous. Or the prosecution might be concerned because this is obviously a happy jury. Happy juries during a terrorism trial might not be good.

The trial is in recess until next Monday so the lawyers will have plenty of time to make themselves crazy over what all this means.

Meanwhile, the government has put on Dr. Rohan Gunaratna, its most effective expert witness on terrorism — and apparently the Judge has allowed him to avoid testifying about some of his sources and methods, which is slightly odd. He's also been admonished giving an interview during the trial. Which is not Dr. Gunaratna's first experience of official criticism: in 2003 the CIA criticized his accuracy.

Posted in Padilla | 1 Comment