You Do (Not) Have The Right To Remain Silent

What you should probably know about the Miranda Warning, the Fifth Amendment, and recent court decisions

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation

As noted in this recent NPR segment, the fifth amendment has largely been taken out of context as a result of the Miranda WarningIt is entirely true you can remain silent in matters in which you are compelled to incriminate yourself, however, there is no constitutional protection for keeping your mouth shut.

Your silence can and will be used against you in a court of law.

Here is the case of Richard Tom, who’s silence following a deadly crash was entered as evidence of his guilt. I do not condone Tom’s actions of operating a motor-vehicle with a BAC in excess of 0.08 that led to the death of another person. That is reprehensible behavior easy to prove without having to rely on his demeanor while under police custody.

Nothing new to the paranoid and pedantic readers of this site I am sure, but the next time you deal with the cops don’t say you weren’t warned.

Idaho GOP Debate

Idaho GOP Debate combines the best aspects of Duck Dynasty and House of Cards for the most surreal political debate ever.

This is by far the greatest political video ever. Grand Ole Party indeed…

Gov. C.L. “Butch” Otter, Sen. Russ Fulcher, Harley Brown and Walt Bayes in a televised debate for this year’s Idaho Governor’s Race. Think Duck Dynasty meets House of Cards, and you’ll get a glimpse into the offbeat brilliance in this video.

Some of the highlights:

“After God told me he was going to make me president, I went out and got the presidential seal tattooed on my shoulder,”

“[a] cowboy, a biker, a curmudgeon or a normal guy… take your pick”

Secrets and DUI

Robert Litt of the Office of the Director of National Intelligence compares sharing government secrets to drunk driving.

 ”Not every drunk driver causes a fatal accident, but we ban drunk driving because it increases the risk of accidents.  In the same way, we classify information because of the risk of harm, even if no harm actually can be shown in the end from any particular disclosure.”[*]

Robert Litt, Office of the Director of National Intelligence

NSA Explores Infecting You With Malware

Recent documents outlining the NSA and GCHQ teaming up to automate malware installation across millions of private citizen’s machine in an effort named PROJECT TURBINE

A post this morning on The Intercept details the NSA‘s plans to infect ‘millions‘ of private citizen’s computers with malware, as well as plans to automate large portions of the process to “reduce the level of human oversight in the process.” We recently explored the NSA and GCHQ joining forces to conduct mass surveillance without due process across Yahoo Messenger, and today’s report from The Intercept shows the bond between these two agencies is strong as ever.

UPDATE: The Intercept provides more information on  QUANTUMHAND‘s functionality allowing the NSA to spoof Facebook to spy on citizens

How the NSA Plans to Infect ‘Millions’ of Computers with Malware [via The Intercept]

In some cases the NSA has masqueraded as a fake Facebook server, using the social media site as a launching pad to infect a target’s computer and exfiltrate files from a hard drive. In others, it has sent out spam emails laced with the malware, which can be tailored to covertly record audio from a computer’s microphone and take snapshots with its webcam. The hacking systems have also enabled the NSA to launch cyberattacks by corrupting and disrupting file downloads or denying access to websites.

"Undesirable Nudity"

British GCHQ and American NSA have been watching and collecting private text and video conversations on Yahoo Messenger

undesirable nudityThe NSA and the British GCHQ have been intercepting Yahoo Messenger video content shared on ostensibly private webcam conversations. If that’s not embarrassing enough, they’ve deemed the majority of users “undesirable.

UPDATE: The NSA and GCHQ continue to collaborate working on automating malware installations on private citizen’s computers.

GCHQ does not have the technical means to make sure no images of UK or US citizens are collected and stored by the system, and there are no restrictions under UK law to prevent Americans’ images being accessed by British analysts without an individual warrant.

Read the entire article on The Guardian

Jay Carney's Non-Answers

Yahoo! compiles an interactive list of 9,486 of White House Press Secretary Jay Carney’s deflecting of questions

Jay CarneyGiving his personal contribution to “the most transparent administration in our history,” White House press secretary Jay Carney has made evading questions en vogue again. Credit to Yahoo! for compiling the interactive list below of Carney’s most widely used deflections in press briefings.

A mere 9,486 evaded questions in 444 press meetings (that’s 21 unanswered questions on average for those keeping score)





Rage Against The Machine (Less Angry)

Rage Against The Machine – Killing In The Name (Less Angry Version), a nice remix on a classic rock tune

Honestly, I found this a lot better than the recently shared REM rework, no offense to Melodyne. Be sure to give this reworking of Rage Against The Machine’s ever-popular single “Killing In The Name” a listen, performed in a style, that to me, is reminiscent of a lot of 311 material.