Tag Archive for: saying

Chicago Tried To Justify Not Informing ACLU Of Social Media Monitoring Partner By Saying ACLU Is Really Mean

My home city of Chicago has built quite a reputation for itself to date. It wouldn’t be entirely unfair to suggest that the city’s government is run by very silly people who think its citizens are quite stupid, while also managing to build something of a kleptocracy centered around professional corruption. With any such hilariously corrupt institutions, the corruption itself is only half the frustration. The other half is the way the Chicago government thumbs its nose at virtually everyone, so secure is it in its knowledge that its corruption will never result in any serious penalty.

An example of this can be found in the way the city government responded to an ACLU FOIA request to disclose the vendor Chicago is using to monitor the social media accounts of its own citizens. If you’re thinking that such a program sounds dystopian, welcome to Chicago. If you’re thinking there’s no way that the city should be able to hide that information from its citizens and that it was obviously disclosed publicly somewhere, welcome to Chicago. And if you thought that a FOIA request must surely be all that it would take to get this information to the public, well, you know the rest.

The ACLU of Illinois today called for an end to an invasive program that allows Chicago police to monitor the social media accounts of the City’s residents. The call comes after the City finally released records Wednesday revealing the name of the spying software that the Chicago Police Department (CPD) has used to covertly monitor Chicagoans’ social media profiles.

The release was through litigation filed by the ACLU last June in Cook County Circuit Court seeking to force the City to produce documents in response to a January 2018 Freedom of Information Act (FOIA) request. The ACLU was represented by Louis A. Klapp at Quarles & Brady LLP in this request. Previously, CPD acknowledged that it spends hundreds of thousands of taxpayer dollars on social media monitoring software, but refused to provide the name of the software company.

Now, spending hundreds of thousands of dollars on a platform to monitor the social media activity of its own citizens is bad enough on its own. After all, this isn’t the first go around with Chicago doing this very thing. In 2014, Chicago contracted with a different company, Geofeedia, to do exactly this sort of social media monitoring. After the ACLU learned of that relationship and disclosed that Geofeedia marketing materials targeted “activists” and “unions” as “overt threats” for which its platform should be used for monitoring, the reaction of the public was severe enough that many social media sites simply disallowed Geofeedia access from their platforms, rendering them useless to Chicago government.

In fact, it was that very occurrence that Chicago used to justify hiding its vendor relationship from the ACLU currently.

Social media sites then subsequently cut off Geofeedia’s access to their users’ data. The City claimed that this public reaction justified hiding future vendors from public view.

What the ACLU was able to get out of the city is that it used another company, Dunami, for surveillance through 2018. The ACLU has filed another FOIA request to get any information on a current contract, if one exists. Meanwhile, the above reasoning — that Chicago should shield the vendor it uses to monitor the social media habits of its own citizens because the last time the ACLU got that info people didn’t like it — is the kind of reasoning only the most brazenly corrupt regimes could possibly make.

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Techdirt.

Bob Murray Sends Judge Whiny Letter Saying That Losing Case To John Oliver Is Making People Say Mean Things To Him

Thought the whole Bob Murray / John Oliver story was over with the judge making it clear Murray had no case and preparing to dismiss the whole thing? It appears that Murray cannot let it go. As first spotted by YouTubing lawyer Leonard French, Murray (not his lawyers) sent the judge a letter whining about the whole thing (check out French’s video for a wonderful dramatic reading of the letter):

Or just go check out the letter yourself (kudos to French for getting the document and posting it and doing the dramatic read, shame on the West Virginia courts for not having web-accessible electronic records, and a plea to French to stop putting lame ugly watermarks on public documents). Of course, the reason the letter is public is that (1) parties are not supposed to talk to the judge about their case without telling the other side, and (2) parties are not supposed to communicate with the court directly, rather than via their attorneys. And, thus, the judge added Murray’s letter to the docket in the case, along with a bit of a benchslap:

This date the Court received the attached unsolicited missive from the Plaintiff, Robert E. Murray. As it does not appear Mr. Murray forwarded copies of the same to Defense Counsel, pursuant to Rule 2.9(B) of the West Virginia Rules of Judicial Conduct, the Court has copied and enclosed the correspondence herein and filed the original in the Court’s file.

Mr. Murray’s letter is an improper ex parte communication with the Court, therefore the request to reconsider the Court’s decision cannot and will not be entertained.

The Court respectfully requests Plaintiffs’ Counsel to advise Mr. Murray against future ex parte correspondence which could result in sanctions against the Plaintiffs in this matter.

In other words: don’t do this shit, Bob.

But, of course, the real joy is in Murray’s letter itself, which is absolutely hilarious. It starts off talking about how disappointed he is in the ruling, which, sure, is understandable but it’s totally improper to send a personal letter to the judge about it.

We are deeply disappointed to learn that you intend to dismiss our lawsuit against Home Box Office, Inc., Time Warner Inc., Mr. John Oliver, and others (collectively “Defendants”). We will appeal that decision in due course.

Right. If you (stupidly) decide to appeal this, your lawyers should appeal it in due course. Reaching out to the judge on your own is… not part of that “due course.”

The jobs of our 6,000 coal miners depend on me and my reputation.

Right, then maybe you shouldn’t have done a bunch of things that caused John Oliver and many others to mock you. And those mockable things include suing John Oliver for mocking you in the first place. Because the “harm” to your reputation was caused by you — not John Oliver. There is no right in this country not to have people mock you, and considering how frequently Murray seems to be flag waving about how proud he is to be an American, he might want to take some time to read the First Amendment of the Constitution.

So, if 6,000 coal miner jobs really depend on your reputation (which, also: citation needed), then perhaps the first thing you should do is improve your reputation (pro tip: sending a hilariously dumb letter to the judge in your case does the opposite of improving your reputation).

My name is on the Company, and I am the one who our 140 lenders, our utility customers, the regulators, and the public look to in order to keep these jobs. You have enabled the Defendants to further destroy our miners’ families. We write you today to inform you of the continued personal attack and harassment by the Defendants in this case.

If your lenders and customers bail because John Oliver made fun of you, perhaps there are larger issues at play. And, of course, Murray presents no evidence that any such lender, customer, regulator or anyone else has done anything to the company as a result of Oliver’s story, or the ruling in this case.

As for “continued personal attacks,” again I have to point you to the First Amendment. Personal attacks are protected. Making fun of you is protected. Telling you to “eat shit, Bob” is protected. This isn’t even close. Telling the court that just told you such things are protected that such “personal attacks” have continued is not a compelling argument. It suggests someone is acting like a sore loser without even understanding why he lost.

Just because you feel bad, Bob, it doesn’t make it illegal.

Indeed, just yesterday, the Defendants aired worldwide the enclose attack on the undersigned and our Compay, whereby John Oliver taunted us, once again, stating “Eat Sh-t Bob” and announcing that, once your order is issued, he will “gloat” and he will be “rubbing it in the face of the person that lost over and over again.”

Oooooooooooooh. He taunted you again. I mean, that’s positively Pythonesque, and we all know how King Arthur v. French Knight turned out, don’t we?

This clearly demonstrates the vindictiveness and intentional destruction that the Defendants have caused.

No. It means that you were mocked, had such thin skin that you sued in a case that you quickly lost, and thus were called out on filing a bad case (pretty mildly too, frankly). It doesn’t show “vindictiveness.” You know what shows vindictiveness? Suing a television comedian for reporting on your antics because you don’t like how you were portrayed. And, really, if anyone’s trying to “destroy” anyone, I think that honor must go to the person who sued someone for making fun of them, demanding “general damages,” “special damages,” “punitive damages,” “attorneys’ fees” and “a permanent injunction” against the person who made fun of you.

It shows that these attacks will continue in perpetuity, as a result of your order.

No, not as a result of the order. As a result of you doing silly, mockable things up to and including filing a lawsuit over someone expressing their opinion that things you did were silly and mockable.

I am a dying old man, but our employees will pay for your decision.

Nice baseless appeal to emotion. But, of course, if you’re dying, then how does your earlier statement about how all these employees relying on your reputation for their jobs make sense? Does that mean once you die they’re all out of work? If so, isn’t that a bigger threat to their jobs?

Further, since your ruling, we have been subjected to multiple insulting and threatening email and telephone messages, including these: “BOB, KISS MY A–“‘ “Hey Bob, I guess John Oliver f—ed you in your a–. You are a real evil piece of s–t”; “Consume defecation, Bob.”; “What an old and selfish c–t of a human being. You and your industry are no longer relevant and the entire world knows it.”; “Congratulations on having HBO make you look like a big fat lardass loser in court. Idiot.;” And “Ha ha you fat pig, you lost your lawsuit… burn in hell dr. evil.” This is a very small sampling of the flagrant and extremely damaging personal attacks that we continue to receive on a daily basis.

First off, Bob, thank you for sharing those. We never would have seen them otherwise. I’m assuming that Bob self-censored the dashes in the curse words, which is nice of him. But, really, the “consume defecation, Bob” statement is a really tremendous work of art.

Oh, and Bob, defamation is not “people made fun of me and I’m sad.” It requires false statements of fact made with actual malice. That’s not what’s happening. And you don’t even bother to allege that’s what’s happening, because it isn’t.

Accordingly, we respectfully request that you reconsider your decision to dismiss this lawsuit and allow this case to proceed on the merits.

What merits? There are no merits, which is what the judge has already made clear.

Indeed, this lawsuit is extremely important to our employees, who rely on Murray Energy and me for their continued livelihoods, and to our lenders, customers, and suppliers who depend on our integrity and performance. We cannot sit idly and allow our jobs and livelihoods to be destroyed by the cruel and baseless attacks of these defendants.

Wait. This lawsuit — in which a key part is about John Oliver quoting one of your employees writing “Eat Shit Bob” on a bonus check he was voiding over safety concerns — is “important” to your employees? You sure about that, Bob?

And, again, it’s not the people making fun of you that’s “destroying livelihoods.”

The ACLU of West Virginia’s Legal Director, Jamie Lynn Crofts, put out a nice statement in response to all of this:

“Other than the fact that Bob Murray’s case against John Oliver is a ridiculous attempt to quell speech by abusing our legal system, it really is the gift that keeps on giving. With the disdain Mr. Murray has shown for our constitution and our legal system, I’m not surprised that he would also improperly try to influence a judge in this way (or with such a hilarious letter). Unfortunately for Bob, everything John Oliver has said on his show was and continues to be protected speech. It is, in fact, legal for anyone to say, ‘Consume defecation, Bob.’”

Yes, all together now: Consume Defecation, Bob.

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Techdirt.

FCC faces backlash for saying Americans might not need fast home Internet

Enlarge (credit: Getty Images | Jenner Images)

American Internet users are telling the Federal Communications Commission that mobile broadband is not a full replacement for fast home Internet service. This week, the FCC kicked off its annual analysis of broadband deployment and signaled that it might determine that smartphone access is a proper substitute for cable or fiber Internet. In doing so, the FCC could conclude that broadband is already being deployed to all Americans in a reasonable and timely fashion, and thus the commission could take fewer steps to promote deployment and competition.

There have been over 300 new comments filed since we wrote about this two days ago, almost universally lambasting the FCC’s suggestion that Americans might not need fast home Internet service and could make do with mobile broadband only. Mobile is hindered by data caps, limits on tethering, and reliability problems that make it fall short of a wired Internet connection, people told the FCC.

The FCC’s own analysis acknowledged that mobile broadband needs to be judged differently. The commission proposed a mobile broadband speed standard of 10Mbps downstream and 1Mbps upstream, less than half as fast as the FCC’s home broadband speed standard of 25Mbps/3Mbps.

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Biz & IT – Ars Technica

China Sentences Man to Death for Espionage, Saying He Sold Secrets – New York Times


euronews

China Sentences Man to Death for Espionage, Saying He Sold Secrets
New York Times
BEIJING — In a sign of China's increasingly aggressive efforts to combat espionage and other security threats, the government said it had sentenced a former computer technician to death for selling 150,000 classified documents to foreign spies
China jails man for espionage over islets disputed with Japaneuronews
Chinese Man Gets Death for Selling Documents on EncryptionABC News

all 18 news articles »

Espionage China – read more