HackerTrans
TopNewTrendsCommentsPastAskShowJobs

ikeboy

no profile record

Submissions

Tell HN: Archive.is inaccessible via Cloudflare DNS (1.1.1.1)

320 points·by ikeboy·7 ปีที่แล้ว·197 comments

Getting Hacked, Lessons Learned

avc.com
169 points·by ikeboy·9 ปีที่แล้ว·99 comments

comments

ikeboy
·12 วันที่ผ่านมา·discuss
In this case the statement they checked off said that there was an unlawful reproduction of a trademark. There was no reproduction at all, since the products were originally manufactured by the brand. Boggles my mind how that can be an opinion.
ikeboy
·12 วันที่ผ่านมา·discuss
We got told by the 9th circuit that false claims submitted under penalty of perjury are actually just "opinions" not capable of being proven true or false.

https://law.justia.com/cases/federal/appellate-courts/ca9/22...
ikeboy
·2 เดือนที่ผ่านมา·discuss
The case shouldn't have been brought, but even if brought he should have had a prompt bond hearing and been let out within 24 hours.
ikeboy
·2 เดือนที่ผ่านมา·discuss
My concern is that new crimes will be weaponized.
ikeboy
·2 เดือนที่ผ่านมา·discuss
In short, unlawful means different things in different contexts.

In the context of false imprisonment, it generally means without legal process, and legal process later overturned does not count.

See eg. https://caselaw.findlaw.com/court/us-supreme-court/549/384.h...

>Reflective of the fact that false imprisonment consists of detention without legal process, a false imprisonment ends once the victim becomes held pursuant to such process--when, for example, he is bound over by a magistrate or arraigned on charges. Dobbs, supra, §39, at 74, n. 2; Keeton, supra, §119, at 888; H. Stephen, Actions for Malicious Prosecution 120-123 (1888). Thereafter, unlawful detention forms part of the damages for the "entirely distinct" tort of malicious prosecution, which remedies detention accompanied, not by absence of legal process, but by wrongful institution of legal process
ikeboy
·2 เดือนที่ผ่านมา·discuss
What does that have to do with the elements of false imprisonment?
ikeboy
·2 เดือนที่ผ่านมา·discuss
Magistrates are supposed to verify that the warrant contains probable cause and reject ones that don't.

You could make the system more adversarial at that point, although I think enforcing bail hearings where a public defender can argue would help in this and many other cases.
ikeboy
·2 เดือนที่ผ่านมา·discuss
>We need to tame the impulse to throw people in jail for doing things we dislike

And in comments I expanded on this and gave several specific reforms.

Not sure what your understanding was.
ikeboy
·2 เดือนที่ผ่านมา·discuss
Look up the elements of false imprisonment.

When there's a warrant, even if wrongly granted, the arrest and imprisonment is considered lawful.
ikeboy
·2 เดือนที่ผ่านมา·discuss
The magistrate judge should not have approved the warrant. They should have had a bail hearing within 24 hours, at which it would have been clear that they posed no threat.

Instead somehow bail was set at $2 million and the hearing to reduce bail was delayed.

Those are flaws in the system that should be fixed, and will continue harming people even without bad faith from sheriffs.
ikeboy
·2 เดือนที่ผ่านมา·discuss
The warrant here was approved by a magistrate judge, and I would suggest making the process for approval more robust to reduce this kind of abuse.

Personal civil liability and firing can also help.
ikeboy
·2 เดือนที่ผ่านมา·discuss
As I mentioned elsewhere, neither currently apply because due process of law was followed.
ikeboy
·2 เดือนที่ผ่านมา·discuss
I would get rid of all forms of immunity and mandate body cameras. Probably also raise requirements for police officers. And part of it is reducing the scope of what the cops are meant to enforce.

I appreciate the massive harms done by incarceration, which I why I support vastly reducing it.
ikeboy
·2 เดือนที่ผ่านมา·discuss
If you include the guy who was arrested for posting memes as participating in a coup, sure. "But the memes were misleading" (as someone else in this thread was arguing) I don't care.
ikeboy
·2 เดือนที่ผ่านมา·discuss
What? My original comment says that we need to reform in a different way.
ikeboy
·2 เดือนที่ผ่านมา·discuss
I haven't said those things.

Rape and murder are existing crimes, and they should be applied equally to police officers.

I think that the core problem with the system is not individual bad actors, but overcriminalization and the acceptance of that by judges and juries. To solve that you need actual reform, and adding a new crime that would inevitably be weaponized is not the way.

The whole concept of holding people "accountable" is the wrong frame. It's precisely that mindset that created this highly flawed system. I want to reduce bad things, not to feel good because people who did bad things are punished.

And when you think about how to prevent bad cases from being brought, you need to systematically reduce the power of those who can make such decisions.

Added: I do want strong civil liability for these cases, which we do have, which is why OP was able to get a good settlement. We should expand that to federal cases and lower the threshold.
ikeboy
·2 เดือนที่ผ่านมา·discuss
We should indeed get rid of many laws because the benefit is outweighed by the abuse.

America has one of the highest rates of incarceration in the world (used to be #1) but suggest that maybe we're overcriminalized and you must be talking nonsense.
ikeboy
·2 เดือนที่ผ่านมา·discuss
False imprisonment generally doesn't apply when due process is followed, like getting a warrant.

You'd have to change the law to allow for prosecutions in cases like this, and that change would likely be weaponized in other cases.
ikeboy
·2 เดือนที่ผ่านมา·discuss
That's not at all what I said.

I'm saying that for decades, people who were maliciously prosecuted by the federal government had effectively no recourse.

It's good to change that, and I'm hopeful that the new fund does some of that. I would prefer to change the system to vastly reduce the threshold for finding the federal government liable in such cases.
ikeboy
·2 เดือนที่ผ่านมา·discuss
I doubt that. The magistrate judge already granted an unconstitutional warrant, why assume the result would be different with more info?