Quotulatiousness

October 3, 2017

QotD: Generation selfie

Filed under: Humour, Quotations — Tags: , , , — Nicholas @ 01:00

There was a whole section of the catalog I picked up in which the models obscured their faces with their phones by taking selfies. Unlike most models these days, who affect a look of unutterable misery (perhaps it is not an affectation, given that they are not allowed to eat and are treated like slaves), the models taking selfies looked very happy, at least in those pictures in which it was possible to discern their facial expression. Perhaps, then, it is in looking at oneself that true happiness lies, at least for some people.

Certainly, at every famous tourist site these days one sees whole troops of people taking pictures of themselves: me and the Mona Lisa, me and the Eiffel Tower, me and Big Ben, me and the Empire State Building, me and Mount Everest. It is the me that counts in these photos, of course; no one’s friends really care about Mount Everest, and even concern for the me is relative. A selfie with Mount Everest is like an alibi when one has been accused of claiming to have been there without having been there; the proof is in one’s phone, although it must be admitted that these days, with an ability to alter photos at will that would have brought joy to Stalin’s heart, anything can be arranged. I read in the memoir of a French model that, having starved mannequins to the size of minus 6, they are fattened up a little afterwards by computer at the printing stage: a remarkable testimony to mankind’s capacity to combine wickedness with stupidity.

The selfie is an example of the new social contract brought about by the social media: You pretend to be interested in me if I pretend to be interested in you. Thus, I agree to look at your selfie at Machu Picchu if you agree to look at mine at Angkor Wat. And this, after all, is as it should be, because it is a long way to go to either of those if no one believes you have been. A classic book is a book that everyone wishes he had read; a wonder of the world is a place at which everyone wishes he had been photographed.

Theodore Dalrymple, “Suit Yourselfie”, Taki’s Magazine, 2017-09-16.

August 5, 2017

“… theirs is a generation shaped by the smartphone and by the concomitant rise of social media. I call them iGen”

Filed under: Technology, USA — Tags: , , , , , , — Nicholas @ 04:00

In The Atlantic, “Gen Xer” Jean Twenge is worried about the ways the new generation differ from their Millennial predecessors:

Click to see full-size image

I’ve been researching generational differences for 25 years, starting when I was a 22-year-old doctoral student in psychology. Typically, the characteristics that come to define a generation appear gradually, and along a continuum. Beliefs and behaviors that were already rising simply continue to do so. Millennials, for instance, are a highly individualistic generation, but individualism had been increasing since the Baby Boomers turned on, tuned in, and dropped out. I had grown accustomed to line graphs of trends that looked like modest hills and valleys. Then I began studying Athena’s generation.

Around 2012, I noticed abrupt shifts in teen behaviors and emotional states. The gentle slopes of the line graphs became steep mountains and sheer cliffs, and many of the distinctive characteristics of the Millennial generation began to disappear. In all my analyses of generational data — some reaching back to the 1930s — I had never seen anything like it.

At first I presumed these might be blips, but the trends persisted, across several years and a series of national surveys. The changes weren’t just in degree, but in kind. The biggest difference between the Millennials and their predecessors was in how they viewed the world; teens today differ from the Millennials not just in their views but in how they spend their time. The experiences they have every day are radically different from those of the generation that came of age just a few years before them.

What happened in 2012 to cause such dramatic shifts in behavior? It was after the Great Recession, which officially lasted from 2007 to 2009 and had a starker effect on Millennials trying to find a place in a sputtering economy. But it was exactly the moment when the proportion of Americans who owned a smartphone surpassed 50 percent.

The more I pored over yearly surveys of teen attitudes and behaviors, and the more I talked with young people like Athena, the clearer it became that theirs is a generation shaped by the smartphone and by the concomitant rise of social media. I call them iGen. Born between 1995 and 2012, members of this generation are growing up with smartphones, have an Instagram account before they start high school, and do not remember a time before the internet. The Millennials grew up with the web as well, but it wasn’t ever-present in their lives, at hand at all times, day and night. iGen’s oldest members were early adolescents when the iPhone was introduced, in 2007, and high-school students when the iPad entered the scene, in 2010. A 2017 survey of more than 5,000 American teens found that three out of four owned an iPhone.

The advent of the smartphone and its cousin the tablet was followed quickly by hand-wringing about the deleterious effects of “screen time.” But the impact of these devices has not been fully appreciated, and goes far beyond the usual concerns about curtailed attention spans. The arrival of the smartphone has radically changed every aspect of teenagers’ lives, from the nature of their social interactions to their mental health. These changes have affected young people in every corner of the nation and in every type of household. The trends appear among teens poor and rich; of every ethnic background; in cities, suburbs, and small towns. Where there are cell towers, there are teens living their lives on their smartphone.

It could be that the widespread use of available technology to “virtualize” adolescence is at least to a degree a reaction to helicopter parenting.

H/T to Kate at Small Dead Animals for the link.

August 1, 2017

Ontario adopts voluntary self-surveillance app from CARROT Insights

Filed under: Cancon, Government, Liberty, Technology — Tags: , , , , , — Nicholas @ 05:00

I often joke about how inexpensive it appears to be to “influence” politicians, but it’s only fair to point out that the voters those easily influenced politicians represent are even more easy to influence:

Ontario announced earlier this month that it will become the fourth Canadian government to fund a behavioral modification application that rewards users for making “good choices” in regards to health, finance, and the environment. The Carrot Rewards smartphone app, which will receive $1.5 million from the Ontario government, credits users’ accounts with points toward the reward program of their choice in exchange for reaching step goals, taking quizzes and surveys, and engaging in government-approved messages.

The app, funded by the Canadian federal government and developed by Toronto-based company CARROT Insights in 2015, is sponsored by a number of companies offering reward points for their services as an incentive to “learn” how to improve wellness and budget finances. According to CARROT Insights, “All offers are designed by sources you can trust like the BC Ministry of Health, Newfoundland and Labrador Government, the Heart and Stroke Foundation, the Canadian Diabetes Association, and YMCA.” Users can choose to receive rewards for companies including SCENE, Aeroplan, Petro-Canada, or More Rewards, a loyalty program that partners with other businesses.

It’ll be interesting if they share the uptake of this new smartphone app … just how many of us are willing to let the government track just about all of our actions in exchange for “rewards”.

In order to use the app, users are giving Carrot Insights and the federal government permission to “access and collect information from your mobile device, including but not limited to, geo-location data, accelerometer/gyroscope data, your mobile device’s camera, microphone, contacts, calendar and Bluetooth connectivity in order to operate additional functionalities of the Services.”

Founder and CEO of CARROT Insights Andreas Souvaliotis launched the app in 2015 “with a focus on health but the company and its partner governments quickly realized it was effective at modifying behavior in other areas as well,” according to CTV News.

July 3, 2017

QotD: Smartphones, the Internet-of-things, and social controls

Filed under: Government, Health, Quotations, Religion, Technology — Tags: , , , — Nicholas @ 01:00

It’d be interesting (in a gruesome sort of way) to see what Da’esh (or the government of Saudi Arabia) could do with a citizen score. Currently enforcement of public morality in hardcore Salafi Muslim states is carried out by the Committee for the Promotion of Virtue and the Prevention of Vice in Saudi Arabia, and other religious police in other states. As with all police forces, there is a cost associated with putting boots on the ground. If you have, for example, a modest dress code, you could go some way towards enforcement by feeding purchases of garments into the citizen’s score. (Buy too much of the wrong kind of underwear and you could be singled out for an in-person check by the mutaween. And heaven forbid they catch you streaming music from a western cloud service.) Signs of non-conformity could be punished indirectly: it’s a lot harder to resist ubiquitous peer pressure than it is to dodge external resource-limited law enforcement.

In The Handmaid’s Tale, Margaret Atwood’s Republic of Gilead subordinates women rapidly by taking control over the financial system. But that’s a comparatively crude mechanism. The more data you’ve got, the more tightly you can constrain your reward/punish metrics and the more accurately you can focus your oppression — and micro-focussed oppression minimizes the risk of generating wide-scale resistance. Everybody’s experience is different, isolated, locked inside an invisible cell with asymmetric walls that their neighbors can’t see. And if you can’t see the invisible walls locking your neighbours in, you can’t establish solidarity and exert collective pressure against them.

We are heading towards a situation where we all carry smartphones, all the time; where we need them to call a cab, or check a bus timetable, or unlock our cars, or pay for something. Your smartphone knows who you are, knows where you’ve been, reads all your correspondence, and hears everything you say. The discrete activity of placing a voice phone call is in the process of replaced by barking “phone, put me through to Sandy in Sales”, followed by rapid connectivity (unless Sandy is in do-not-disturb mode or talking to someone else, in which case their phone will take a message for you). With always-on recognition, your phone (without which you can’t really exist in an internet-of-things world) will track your mood and your pulse rate and possibly award you citizenship points or penalties if you respond to the wrong stimuli.

But that’s the nightmarish, dystopian grim-meathook-future version of citizenship scoring: a system that facilitates the pervasive enforcement of mandated behavioural standards and punishes quantifiable expressions of individuality. Nobody would vote for (or buy into) that! So it’s going to be even more gamified, to make it fun. You can see your score in real time, get helpful tips on what to do (or not to do) to grind for points, and if you’re thinking about doing something a bit naughty a handy app will give you a chance to exercise second thoughts and erase your sin before it is recorded. But that’s not all. Obviously you didn’t really want to date that manic pixie dream girl (she’ll murder your citizenship score with her quirky and unpredictable fun transgressions) but we can apply the magic of Affinity Analysis to look for someone more suitable for you — similar preferences, similar tastes, and most importantly a similar attitude to social improvement and good citizenship.

Now eat your greens; your phone says you haven’t been getting your five a day this week and if you keep it up we’re going to have to dock you a point.

Charles Stross, “It could be worse”, Charlie’s Diary, 2015-10-09.

December 29, 2016

QotD: Not Homeschooled

Filed under: Education, Humour, Media, Quotations, Technology — Tags: , — Nicholas @ 01:00

Tell me that one about how my home schooled kids aren’t going to be socialized again. I love that one. It’s a hardy perennial. Love that shite. Tell me again about how screwed my kids are because they’re not pressing meaningless buttons 24/7 on an iSlab on their Jitter stream or their FriendFace page.Tell me about how they’ll never be popular enough to be bullied if I’m not careful. They won’t even be eligible to get whooping cough.

Tell me the one about how my kids won’t be able to go on field trips to the museum if they’re not enrolled in school. I love that one, too. It’s totes adorb. It’s my favorite, except for my other favorites, which are my favorite favorites. My children never get the opportunity to be chaperoned by someone on the sex offender registry. Of course that’s better than being left at the museum like the other kid in the same story. I think. Pretty sure. Maybe the kid they left behind actually looked at something on the wall in the museum after the batteries in his iBrick ran out. Hey, could happen.

I’m with you, though; I doubt it. We all know if a school-age child’s iBinky battery runs out of electricity, they immediately lie down on the floor and die.

“Not Homeschooled”, Sippican Cottage, 2015-06-15.

December 8, 2016

Why do some men send unsolicited photos of their “junk”?

Filed under: Media, Science, Technology — Tags: , , , — Nicholas @ 02:00

Scott Adams says that the “Moist Robot Hypothesis” explains why dick pics are a thing:

The Moist Robot Hypothesis also assumes that most, if not all, of our “decisions” are little more than rationalizations for our instinct to procreate in the most productive way. And by that I mean mating with people who have genetic advantages that would make the offspring successful. That’s why people are attracted to beauty, because it is a visual proxy for good health and good genes. For the same reason, women are naturally attracted to successful men that have talent, money, or some other sort of advantage. (Obviously these are generalizations and don’t apply to all.)

[…]

Our sex drive is so strong that it largely eliminates the option for rational behavior. And as you know, the hornier you get, the stupider you are. Once a guy reaches a critical level of horniness, his rational brain shuts off and he becomes primal. And when he’s primal, he sometimes signals his availability for mating in the most basic way possible: He displays his junk in full preparedness.

If you think the men doing this behavior are extra-dumb, or extra-rude, that might be true. But it is just as likely that such men are extra-horny. That gets you to the same decision no matter your IQ because the rational brain is shut down during maximum arousal.

It is also true – as far as I can tell from discussions with women over the years – that sometimes a dick pic actually results in dating and sex. I realize how hard that is to believe. But sometimes (maybe one time in 500) it actually works. You would think those odds would be enough to discourage even a man with a temporarily suspended intellect, but that view ignores the basic nature of men: We’re risk takers when it comes to reproduction.

November 6, 2016

Canadian intelligence agencies and domestic overreach

Filed under: Cancon, Law, Liberty — Tags: , , , , — Nicholas @ 02:00

Michael Geist on the drumbeat of revelations — but less outrage than you’d expect — on the extent of surveillance being conducted within Canada by CSIS and law enforcement organizations:

In the aftermath of the Snowden revelations in which the public has become largely numb to new surveillance disclosures, the Canadian reports over the past week will still leave many shocked and appalled. It started with the Ontario Provincial Police mass text messaging thousands of people based on cellphone usage from nearly a year earlier (which is not government surveillance per se but highlights massive geo-location data collection by telecom carriers and extraordinary data retention periods), continued with the deeply disturbing reports of surveillance of journalists in Quebec (which few believe is limited to just Quebec) and culminated in yesterday’s federal court decision that disclosed that CSIS no longer needs warrants for tax records (due to Bill C-51) and took the service to task for misleading the court and violating the law for years on its metadata collection and retention program.

The ruling reveals a level of deception that should eliminate any doubts that the current oversight framework is wholly inadequate and raises questions about Canadian authorities commitment to operating within the law. The court found a breach of a “duty of candour” (which most people would typically call deception or lying) and raises the possibility of a future contempt of court proceeding. While CSIS attempted to downplay the concern by noting that the data collection in question – metadata involving a wide range of information used in a massive data analysis program – was collected under a court order, simply put, the court found that the retention of the data was illegal. Further, the amount of data collection continues to grow (the court states the “scope and volume of incidentally gathered information has been tremendously enlarged”), leading to the retention of metadata that is not part of an active investigation but rather involves non-threat, third party information. In other words, it is precisely the massive, big data metadata analysis program feared by many Canadians.

The court ruling comes after the Security Intelligence Review Committee raised concerned about CSIS bulk data collection in its latest report and recommended that that inform the federal court about the activities. CSIS rejected the recommendation. In fact, the court only became aware of the metadata retention due to the SIRC report and was astonished by the CSIS response, stating that it “shows a worrisome lack of understanding of, or respect for, the responsibilities of a party [SIRC] benefiting from the opportunity to appear ex parte.”

March 24, 2016

Tying

Filed under: Economics, Technology — Tags: , , — Nicholas @ 01:00

Published on 7 Apr 2015

What is tying and how is this a form of price discrimination? An example of a tied good is an HP printer and the HP ink you need for that printer. The printer (the base good) is often relatively cheap whereas the ink (the variable good) has a high markup, and eventually costs you far more than what you paid for the printer. Other examples include cell phones and data plans or the Kindle Fire and the accompanying books or music you purchase from Amazon. The base good is sold close to marginal cost, and the variable good is sold at above marginal cost. Why do companies tie their goods? Tied goods make it easy to price discriminate in a way that increases output and social welfare. Does tying increase or decrease social welfare? What is the difference between bundling and tying? We discuss these questions and others in this video.

December 5, 2015

QotD: The modern dating scene … and texting

Filed under: Humour, Quotations, Technology — Tags: , — Nicholas @ 01:00

Last year I rejoined the ranks of the spouse-free. Things sure changed since the last time I was single.

For starters, it is not necessary for men to ask women for revealing selfies. Those photos just start showing up on your phone after you exchange numbers. A revealing selfie in 2014 is essentially just a digital business card for your dating life.

I have also discovered that the most-used characters on my phone keyboard are emoticons. When single people text each other, every sentence has to end with an exclamation mark or a smiley emoticon or else it looks like you lost interest since the last time you texted thirty seconds ago.

For the most part, texting is just a means of feeling connected at a distance. The content isn’t terribly important. But the pauses between text messages mean A LOT. Single people monitor the pauses between text replies to decipher real meaning in the content. For example, if I text “I really enjoyed our time together,” the real message is contained in the timing of the message not the content. If the text is sent while one person is still driving home from a date, that means you feel a strong connection. But if I text something nice and have to wait seven hours for a reply, the seven-hour wait is the message, not the content of the reply.

Single people in 2014 frequently break up with each other by text, but the words are only the punctuation at the end of the break up. The actual break-up happens with what is called “the taper.” The taper is when you are texting someone at a predictable rate, such as several times per day, and you gradually reduce your texting to one message every third day. That’s the taper, and it tells the other person your interest has tapered too.

Scott Adams, “The Tyranny of Expectations”, Scott Adams Blog, 2014-11-24.

November 27, 2015

A different view of Uber and other ride-sharing services

Filed under: Business, Politics, Technology — Tags: , , , — Nicholas @ 02:00

Robert Tracinski on Uber as a form of “Objectivist LARP“:

If it sometimes seems like it’s impossible to restore the free market, as if every new wave of government regulation is irreversible, then consider that one form of regulation, which is common in the most dogmatically big-government enclaves in the country, is being pretty much completely dismantled before our eyes. And it’s the hippest thing ever.

I was reminded of this by a recent report about yet another attempt to help traditional taxis compete with “ride-sharing” services like Uber and Lyft: a new app called Arro, which allows you to both hail a traditional taxi and pay for it from your phone. So Arro takes a twentieth-century business and finally drags into the twenty-first century. This certainly might help improve the taxi experience relative to how things were done before. But it won’t fend off Uber and Lyft, because it doesn’t change the central issues, which are political rather than technological.

[…]

Uber has been hit with complaints that it’s running “an Objectivist LARP,” a live-action role playing of a capitalist utopia from an Ayn Rand novel. That’s pretty much what it is doing, and the results are awesome. And the benefits don’t stop with more drivers and lower rates. Uber is ploughing a fair portion of its profits into another wave of technological innovation—self-driving cars—that promises to offer even greater improvements in the future.

All of this should counter some of the despair about how to promote free markets, especially among urban elites who have been programmed by their college educations to embrace the rhetoric of the Left. Give them half a chance, and they will flock to capitalist innovations run according to the laws of the market.

The problem is that they don’t want to admit it. That’s where the euphemism “ride-sharing” comes in. To cover up the capitalistic nature of the activity, they tell themselves they’re “sharing” something that they are quite obviously paying for, and paying at market rates. Imagine what could be accomplished if they were just willing to drop the euphemisms and embrace the free market.

November 23, 2015

Do you have a smartphone? Do you watch TV? You might want to reconsider that combination

Filed under: India, Technology — Tags: , , , , — Nicholas @ 02:00

At The Register, Iain Thomson explains a new sneaky way for unscrupulous companies to snag your personal data without your knowledge or consent:

Earlier this week the Center for Democracy and Technology (CDT) warned that an Indian firm called SilverPush has technology that allows adverts to ping inaudible commands to smartphones and tablets.

Now someone has reverse-engineered the code and published it for everyone to check.

SilverPush’s software kit can be baked into apps, and is designed to pick up near-ultrasonic sounds embedded in, say, a TV, radio or web browser advert. These signals, in the range of 18kHz to 19.95kHz, are too high pitched for most humans to hear, but can be decoded by software.

An application that uses SilverPush’s code can pick up these messages from the phone or tablet’s builtin microphone, and be directed to send information such as the handheld’s IMEI number, location, operating system version, and potentially the identity of the owner, to the application’s backend servers.

Imagine sitting in front of the telly with your smartphone nearby. An advert comes on during the show you’re watching, and it has a SilverPush ultrasonic message embedded in it. This is picked up by an app on your mobile, which pings a media network with information about you, and could even display followup ads and links on your handheld.

How it works ... the transfer of sound-encoded information from a TV to a phone to a backend server

How it works … the transfer of sound-encoded information from a TV to a phone to a backend server

“This kind of technology is fundamentally surreptitious in that it doesn’t require consent; if it did require it then the number of users would drop,” Joe Hall, chief technologist at CDT told The Register on Thursday. “It lacks the ability to have consumers say that they don’t want this and not be associated by the software.”

Hall pointed out that very few of the applications that include the SilverPush SDK tell users about it, so there was no informed consent. This makes such software technically illegal in Europe and possibly in the US.

July 13, 2015

Do photographers have any rights left?

Filed under: Bureaucracy, Law, Liberty — Tags: , , , , — Nicholas @ 03:00

I no longer do much in the way of “serious” photography (my digital SLR has been out of service for a couple of years now), but I still occasionally do a bit of cellphone photography when the occasion arises. On the byThom blog, Thom Hogan provides a long (yet not exhaustive) list of things, places, and people who are legally protected from being photographed in various jurisdictions … and it gets worse:

Funny thing is, smartphones are so ubiquitous and so small, many of those bans just aren’t enforceable against them in their natural state (e.g., without selfie stick), especially if they’re used discriminatingly.

I’m all for privacy, but privacy doesn’t exist in public spaces as far as I’m concerned. Indeed, I’d argue that even in private spaces (malls, for example), that if you’re open for and soliciting business to the public, you’re a public space. As for Copyright, placing artwork in open public spaces (e.g. Architecture) probably ought to convey some sort of Fair Use right to the public, though in Europe we’re seeing just the opposite start to happen. FWIW, I no longer visit and thus don’t photograph in two countries because of national laws regarding photography. Be careful what you wish for, Mr. Bureaucracy; laws often have unintended consequences. As in reducing my interest in visiting your country.

About half of this site’s readers actively practice some form of travel photography, either during vacations or while traveling for business. Note how many of the restrictions on photography start to apply against those that are traveling (locally or farther afield). It’s always easy to impose laws on people who don’t vote for you. it’s why rental car and hotel room taxes are so high, after all.

What prompted this article, though, wasn’t any of the latest photography ban talk, though. Here in Pennsylvania we have fairly restrictive regulations on “recording” another person (e.g. conversations, phone calls, meetings, etc.). In some states, it only takes one party to consent for a recording to be legal. Here in Pennsylvania it takes all parties to consent to being recorded.

H/T to Clive for the link.

February 23, 2015

The “Internet of Things” (That May Or May Not Let You Do That)

Filed under: Liberty, Technology — Tags: , , , , — Nicholas @ 03:00

Cory Doctorow is concerned about some of the possible developments within the “Internet of Things” that should concern us all:

The digital world has been colonized by a dangerous idea: that we can and should solve problems by preventing computer owners from deciding how their computers should behave. I’m not talking about a computer that’s designed to say, “Are you sure?” when you do something unexpected — not even one that asks, “Are you really, really sure?” when you click “OK.” I’m talking about a computer designed to say, “I CAN’T LET YOU DO THAT DAVE” when you tell it to give you root, to let you modify the OS or the filesystem.

Case in point: the cell-phone “kill switch” laws in California and Minneapolis, which require manufacturers to design phones so that carriers or manufacturers can push an over-the-air update that bricks the phone without any user intervention, designed to deter cell-phone thieves. Early data suggests that the law is effective in preventing this kind of crime, but at a high and largely needless (and ill-considered) price.

To understand this price, we need to talk about what “security” is, from the perspective of a mobile device user: it’s a whole basket of risks, including the physical threat of violence from muggers; the financial cost of replacing a lost device; the opportunity cost of setting up a new device; and the threats to your privacy, finances, employment, and physical safety from having your data compromised.

The current kill-switch regime puts a lot of emphasis on the physical risks, and treats risks to your data as unimportant. It’s true that the physical risks associated with phone theft are substantial, but if a catastrophic data compromise doesn’t strike terror into your heart, it’s probably because you haven’t thought hard enough about it — and it’s a sure bet that this risk will only increase in importance over time, as you bind your finances, your access controls (car ignition, house entry), and your personal life more tightly to your mobile devices.

That is to say, phones are only going to get cheaper to replace, while mobile data breaches are only going to get more expensive.

It’s a mistake to design a computer to accept instructions over a public network that its owner can’t see, review, and countermand. When every phone has a back door and can be compromised by hacking, social-engineering, or legal-engineering by a manufacturer or carrier, then your phone’s security is only intact for so long as every customer service rep is bamboozle-proof, every cop is honest, and every carrier’s back end is well designed and fully patched.

December 12, 2014

Supreme Court swings and misses on cellphone privacy ruling

Filed under: Cancon, Law, Liberty — Tags: , , , , — Nicholas @ 07:00

Michael Geist on the most recent Supreme Court of Canada ruling on the ability of the police to conduct warrantless searches of cellphones taken during an arrest:

The Supreme Court of Canada issued its decision in R. v. Fearon today, a case involving the legality of a warrantless cellphone search by police during an arrest. Given the court’s strong endorsement of privacy in recent cases such as Spencer, Vu, and Telus, this seemed like a slam dunk. Moreover, the U.S. Supreme Court’s June 2014 decision in Riley, which addressed similar issues and ruled that a warrant is needed to search a phone, further suggested that the court would continue its streak of pro-privacy decisions.

To the surprise of many, a divided court upheld the ability of police to search cellphones without a warrant incident to an arrest. The majority established some conditions, but ultimately ruled that it could navigate the privacy balance by establishing some safeguards with the practice. A strongly worded dissent disagreed, noting the privacy implications of access to cellphones and the need for judicial pre-authorization as the best method of addressing the privacy implications.

The majority, written by Justice Cromwell (joined by McLachlin, Moldaver, and Wagner), explicitly recognizes that cellphones are the functional equivalent of computers and that a search may constitute a significant intrusion of privacy. Yet the majority cautions that not every search is a significant intrusion. It ultimately concludes that there is the potential for a cellphone search to be intrusive, it does not believe that that will be the case in every instance.

Given that conclusion, it is prepared to permit cellphone searches that are incident to arrest provided that the law is modified with some additional protections against invasion of privacy. It proceeds to effectively write the law by creating four conditions: a lawful arrest, the search is incidental to the arrest with a valid law enforcement purpose, the search is tailored or limited to the purpose (i.e., limited to recent information), and police take detailed notes on what they have examined and how the phone was searched.

November 13, 2014

Where’s the rimshot?

Filed under: Humour, Technology — Tags: , — Nicholas @ 09:37

Marc Wilson posted this to the Lois McMaster Bujold mailing list (off-topic, obviously):

Apparently the inventor of predictive text has died.

His funfair will be on Sundial.

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