C
Concurring Opinions
concurringopinions.com · Group blog · on HN since 2008
Concurring Opinions is a group blog by law professors on legal topics, including criminal procedure, technology law, privacy and AI.
What HN saysHN commenters cite it on German plea bargaining and Fourth Amendment questions, and link a post criticizing victim blaming in a revenge porn article.
18HN people shared it
7linked it in comments
12stories submitted
73story points
8 years agolast shared
2008people per year2026
Most-shared posts
- 1German bundestag passes plea bargaining law2 people · first shared 2013
- 2Disrupting “Disruption” Rhetoric1 people · 58 points · first shared 2013 · 17 comments on HN
- 3Penalty Clauses and the Nexus One1 people · 3 points · first shared 2010 · discussion on HN
- 4A New Threat to Generativity (Bellovin on Intel-McAffee/Apple)1 people · 2 points · first shared 2010 · discussion on HN
- 5Why Weak AI Is Interesting Enough1 people · 2 points · first shared 2011 · discussion on HN
- 6Terrorists Prohibited from Using iTunes1 people · 1 points · first shared 2010 · discussion on HN
- 7Contact lenses with integrated circuitry1 people · 1 points · first shared 2008 · discussion on HN
- 8The Long-Discredited Challenge to the Impartiality of Minority Judges1 people · 1 points · first shared 2016 · discussion on HN
- 9Does Google Have a Legal Right to Censor?1 people · 1 points · first shared 2008 · discussion on HN
- 10“Robotica” – First Book on Speech Rights and Artificial Intelligence Published1 people · 1 points · first shared 2018 · discussion on HN
- 11The TPP and Copyright1 people · 1 points · first shared 2013 · discussion on HN
- 12Lightsabers, 3D Printing, and Jedi Skills1 people · 1 points · first shared 2014 · discussion on HN
- 13Judge Posner’s Surveillance Argument Would Not Withstand An Economic Analysis1 people · 1 points · first shared 2013 · discussion on HN
- 14Fan 125 1 first amendment news 10 first amendment experts comment on legality of nyt release of trumps tax returns1 people · first shared 2016
- 15Creative ways t1 people · first shared 2009
What HN people wrote when they linked it
timsally · 2013-10-12
You're the professional, but to my understanding your characterization that the amount of information yielded by a search is a 4th amendment analysis "out of thin air" isn't accurate. Alito wrote in his concurrence in Jones v. United States:
Justice Alito then evaluates the GPS surveillance here, noting that “devices like the one used in the present case … make long-term monitoring relatively easy and cheap.” “[T]he best we can do in this case,” reasons Alito, “is to apply existing Fourth Amendment doctrine” and “ask whether the use of GPS tracking in a particular case involved a degree of intrusion that a reasonable person would not have anticipated.” Alito at 13. Under this inquiry, “the use of longer term GPS monitoring in investigations of most offenses impinges on expectations of privacy,” because “society’s expectation has been that law enforcement agents and others would not — and indeed, in the main, simply could not — secretly monitor and catalogue every single movement of an individual’s car for a very long period.” http://www.concurringopinions.com/archives/2012/01/united-states-v-jon…
It seems to me that Alito is saying that the amount of information gathered in Jones is relevant to 4th Amendment analysis. Specifically: "society’s expectation has been that law enforcement agents and others would not — and indeed, in the main, simply could not — secretly monitor and catalogue every single…
smalter · 2013-10-13
you should see a lawyer.
but the black letter law as of when i was a lawyer (2010) is that you can trade on an overheard conversation (see the switzer case involving the famed oklahoma football coach).
you don't have a fiduciary duty to the company and you don't inherit the duty from the tipper because the tipper tipped without personal benefit.
edit a reliable reference (contra some of the other sources cited in this thread): http://www.concurringopinions.com/archives/2009/08/insider-trading-dea…
zaroth · 2013-03-31
This on Forbes? It's an ill informed exercise in victim blaming. The "apology" comes at the end, in the form of a link to a quite valid criticism of the article:
http://www.concurringopinions.com/archives/2013/02/adventures-in-victi…
If you read the Forbes article, be sure you click through to the critique to see how flawed his logic is.
Xylakant · 2013-01-18
It's been linked and discussed here http://news.ycombinator.com/item?id=5059044 Please keep in mind that the paper is about as old as I am (34 years) and some things have changed, most notably that germany now has a plea bargaining system, though it's quite a bit different from the american one. See http://www.concurringopinions.com/archives/2009/07/german-bundestag-pa… for an overview (linked from the discussion).
barrkel · 2013-01-15
It is quite different though: http://www.concurringopinions.com/archives/2009/07/german-bundestag-pa…
rarestnews · 2009-04-18
You can't be that lazy :)
http://google.com/search?q=porn+captcha
http://news.bbc.co.uk/2/hi/technology/7067962.stm
http://www.concurringopinions.com/archives/2007/10/creative_ways_t.htm… (note the quoted part from article)
and probably a thousand others
Also I personally did stumble to Google's captcha in quite a few sites (borderline porn) posing it as their own for registration purposes (sometimes monochromed though). Google has easily recognizable captcha.
hackuser · 2016-10-14
> tax returns are illegally obtained and released about Trump
The NY Times did nothing illegal.[0] The person who provided the tax return (actually one page of a return, afaik) might have broken the law; we don't know. There are rumors that it was Marla Maples, his wife at the time, in which case their joint tax return was hers as much as his, and hers to release (unless there's some rule preventing one spouse releasing a joint return without the other's permission).
Another major difference is that the NY Times carefully vetted the tax return to make sure it was accurate; they found and talked to Trump's accountant at the time, used other information to corroborate it, and gave Trump an opportunity to respond.
Wikileaks, in contrast, publishes information without any vetting, making them a tool for lies and propaganda campaigns.
> we should ignore the content
How do you know it's accurate? Certainly, an anonymous Internet source is not at all credible, many people have motives to (and many actually do) spread lies and falsify documents during a political campaign, and Russian intelligence, which has a track record of such things[1] and is not at all a credible source, is very likely is behind the theft of the information.[2]
----
[0] https://concurringopinions.com/archives/2016/10/fan-125-1-first-amendm…
[1]…