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I find it fascinating that the precedent for the decision -- to vacate charges due to improper venue -- is established by the court by going all the way back to the Declaration of Independence and the Constitution.

The proper place of colonial trials was so important to the founding generation that it was listed as a grievance in the Declaration of Independence. See The Declaration of Independence para. 21 (U.S. 1776) (objecting to “transporting us beyond seas to be tried for pretended offences”). It was of such concern that the Constitution of the United States “twice safeguards the defendant’s venue right.” United States v. Cabrales, 524 U.S. 1, 6 (1998). Article III requires that “the Trial of all Crimes . . . shall be held in the State where the said Crimes shall have been committed.” U.S. Const. art. III, § 2, cl. 3. The Sixth Amendment further provides that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.”

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_delirium 8 days ago | link

That's a little weaker than precedent; they're mostly citing it just as generic historical background, support for the introductory scene-setting observation that venue is an important matter rather than a mere procedural technicality. But their actual analysis of whether venue is proper in NJ, and whether vacating the conviction is proper if not, doesn't rely on that.

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ryandrake 8 days ago | link

How does this square with the jurisdiction shopping that patent trolls do, to their great advantage. Somehow, everyone who infringes on a patent does so while in the eastern district of Texas?

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Sanddancer 8 days ago | link

Most of the patent trolling companies set up a division or the like in eastern Texas in order to establish venue.

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sitkack 8 days ago | link

But those are scams, they don't actually do business there. Those suits should be thrown out.

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The Great Circle route looks like it just skirts past the Canary Islands:

http://www.gcmap.com/mapui?P=FOR-LIS

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nly 54 days ago | link

You're correct, it's going to land in Tenerife according to this:

http://www.submarinecablemap.com/#/submarine-cable/brazil-sp...

This seems to have been a popular route for telecommunications cables 'for a while'

https://upload.wikimedia.org/wikipedia/commons/a/a5/1901_Eas...

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Note that the $120k funding is broken into $20k cash and the option for an additional $100k convertible debt note.

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pg 63 days ago | link

Is there a valuation cap on the convertible note?

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jknightco 63 days ago | link

I think that's the standard for Techstars these days: http://www.techstars.com/program/faqs/

Looks like its $18k cash and $100k convertible.

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ixmatus 63 days ago | link

Convertible or priced (we did a convertible note). The 100k is optional. It was for us at least.

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alecsmart1 62 days ago | link

Can you please explain what convertible debt note means?

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uniclaude 62 days ago | link

There is a good explanation there: http://techcrunch.com/2012/04/07/convertible-note-seed-finan...

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Unless it's noisy at or near the desired communication frequency, it is trivial to isolate the signal and completely mute out the noise.

In this example, at ~19 kHz, a properly configured high-pass filter could easily remove any human-talking sounds.

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mseebach 101 days ago | link

I'm not worried about humans talking, I'm worried about the ambient noise of the train/plane itself.

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No it's not. All classified material is provided on a "Need to Know" basis. You can't just have a clearance and get access to every classified document out there, that's ridiculous.

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frankydp 232 days ago | link

Just to expounded. Once you get passed Secret almost everything is compartmentalized.

To speak to the Snowden leaks, in there entirety they now are clearly, far outside the scope of any single user, unless that user was a multi-department head or higher. It is more likely that the leaks are from multiple users now. The story posted yesterday about the access level of the information lends this theory some credibility, although none to the means of access.

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ianstallings 232 days ago | link

More info on that, the press rumor that he gained access to other user credentials:

http://investigations.nbcnews.com/_news/2013/08/29/20234171-...

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ianstallings 232 days ago | link

Yes I'm aware of that. I never said that one would gain access to all information simply because they have a clearance..

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Another similar option is Mailinator: http://mailinator.com/

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Houshalter 244 days ago | link

Some websites block emails from mailinator which is pretty annoying.

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Originally reported and published by Reuters: http://www.reuters.com/article/2013/08/09/us-usa-security-ns...

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From PHP documentation (http://php.net/manual/en/function.preg-replace.php)

    5.5.0  The /e modifier is deprecated.  Use preg_replace_callback() instead.

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ajross 277 days ago | link

Indeed. Yet it appears we are afflicted with lazy malware authors who continue to use deprecated APIs instead of updating their exploits.

To be serious: According to the article, the call to preg_replace() was part of the backdoor added by the attackers, it wasn't a pre-existing hole in the site code.

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infinity 276 days ago | link

From the perspective of an attacker it doesn't really matter if the malicious code contains deprecated things or lacks elegance or is generally ugly.

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Arnor 276 days ago | link

You can configure your server to log usage of deprecated features in PHP so that the attack would ultimately appear in the log. Admittedly, it would still take a pretty vigilant Sys Admin to catch it.

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chrsstrm 277 days ago | link

True, but most value hosting platforms run anything between 5.2.x and 5.4.x. with no option to upgrade.

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deadreturns2 276 days ago | link

Read: deprecated. Stop acting like it's removed in 5.5.

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> SpaceX is doing great implementations of pretty conservative designs.

Like the other reply mentioned, they are certainly working on some technologies that are starkly less conservative. One example is the Grasshopper [1], a reusable first stage that is capable of returning to the launchpad under controlled burn.

[1] Here's the most recent 325m test: https://www.youtube.com/watch?v=eGimzB5QM1M

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criley2 278 days ago | link

It's worth mentioning that their "less conservative" VTVL rocket is currently hitting about 10% of the DC-X's ~3100m record.

While the grasshopper is very cool, the concept of a VTVL rocket is not new. Hell, the Apollo Lunar Module technically landed and took off afterwards, as well!

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pudquick 278 days ago | link

While you may be right about VTVL not being new, this is disingenuous at best:

> Hell, the Apollo Lunar Module technically landed and took off afterwards, as well!

It landed and launched in a relatively airless (windless) environment at 1/6th Earth's gravity ... and when it launched it left half of itself behind!

"Technically" indeed.

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podperson 278 days ago | link

In particular the rocket system that landed was discarded and a new rocket system took off, so I don't think it's even "technical". It's like calling a car that rolls off a ferry an "amphibious" vehicle.

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jlgreco 278 days ago | link

Eh, if you could make a DUKW that, upon reaching land, could (or had to) shed its hull and become a proper vehicle of some sort, I'd still call it amphibious.

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maxerickson 278 days ago | link

It's a qualified (as you are clearly aware, the word technically) note about an earlier parallel. Calling it disingenuous is obnoxious.

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berntb 278 days ago | link

I remember reading the arguments for reusability etc 1990 on usenet's sci.space (and later sci.space.tech). Henry Spencer et al made good points.

You have to wonder how large a role is played by NASA not having a shuttle now -- and hence no motivation to use its political clout to stop competition?

Let us just hope delaying the real space age capabilities a few decades won't result in the death of humanity... (But if we go extinct because of a bureaucracy's need for job security, we arguably deserve what we get.)

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stcredzero 278 days ago | link

It's long been argued by Jerry Pournelle and others that a fully reusable spacecraft could be built by being "starkly conservative" in materials and technology, but using modern construction techniques.

See The Rocket Company

Grasshopper seems to be following this play book.

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I disagree with your interpretation that the Executive Branch has "totally unchain [sic] itself from the Constitution."

Congress has voted a couple times in the most recent decade to approve extensions for the FISA Amendments Act of 2008 (see footnotes). So under Congressional authority, the Executive Branch has been able to continue their activities under the FISC. I do agree, however, that there is a blindfold around the Judicial branch that prevents any introspection into the actual interpretations of law under the FISC, specifically w/r/t the 4th Amendment.

[1] http://www.govtrack.us/congress/bills/112/hr5949 [2] http://www.senate.gov/legislative/LIS/roll_call_lists/roll_c...

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