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Aut 23, 2017

Lewis Carroll, JABBERWOCKY, in Lewis Carroll, Through the Looking-Glass and What Alice Found There (1872).

Test post to see why the comments have vanished.  Twas brillig, and the slithy toves Did gyre and gimble in the wabe: All mimsy were the borogoves, And the mome raths outgrabe. “Beware the Jabberwock, my son! The jaws that bite, the claws that catch! Beware the Jubjub bird, and shun The frumious Bandersnatch!” He took his vorpal sword in hand: Long time the manxome foe he sought — So rested he by the Tumtum tree, And stood awhile in thought.

And, as in uffish thought he stood, The Jabberwock, with eyes of flame, Came whiffling through the tulgey wood, And burbled as it came! One, two! One, two! And through and through The vorpal blade went snicker-snack! He left it dead, and with its head He went galumphing back.

“And, has thou slain the Jabberwock? Come to my arms, my beamish boy! O frabjous day! Callooh! Callay!’ He chortled in his joy. `Twas brillig, and the slithy toves Did gyre and gimble in the wabe; All mimsy were the borogoves, And the mome raths outgrabe.

Cite as: admin, Aut 23, 2017, JOTWELL (August 23, 2017) (reviewing Lewis Carroll, JABBERWOCKY, in Lewis Carroll, Through the Looking-Glass and What Alice Found There (1872)), https://zetasec3.jotwell.com/aut-23-2017/.

Test Author Link

In a near-perfect world there will be an author link in the z3 section, but not on the zeta front page.

It is no longer reasonable to assume that electronic communications can be kept private from governments or private-sector actors. In theory, encryption can protect the content of such communications, and anonymity can protect the communicator’s identity. But online anonymity—one of the two most important tools that protect online communicative freedom—is under practical and legal attack all over the world. Choke-point regulation, online identification requirements, and data-retention regulations combine to make anonymity very difficult as a practical matter and, in many countries, illegal. Moreover, key internet intermediaries further stifle anonymity by requiring users to disclose their real names.

This Article traces the global development of technologies and regulations hostile to online anonymity, beginning with the early days of the Internet. Offering normative and pragmatic arguments for why communicative anonymity is important, this Article argues that anonymity is the bedrock of online freedom, and it must be preserved. U.S. anti-anonymity policies not only enable repressive policies abroad, but also place at risk the safety of anonymous communications that Americans may someday need. This Article, in addition to providing suggestions on how to save electronic anonymity, calls for proponents of anti-anonymity policies to provide stronger justifications for such policies and to consider alternatives less likely to destroy individual liberties. In a time where surveillance technology and laws demanding identification abound, protecting the right to speak freely without fear of official retribution is critical to protecting these liberties.

Testing the Revised Blockquote

Thomas Jefferson et al., The Declaration of Independence (1776).

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil Power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For quartering large bodies of armed troops among us:

For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefit of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences:

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies

For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. — And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.

Cite as: admin, Testing the Revised Blockquote, JOTWELL (January 12, 2017) (reviewing Thomas Jefferson et al., The Declaration of Independence (1776)), https://zetasec3.jotwell.com/testing-the-revised-blockquote/.

Testing Feed Template from Zeta3

**UPDATE**: Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry’s standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged. It was popularised in the 1960s with the release of Letraset sheets containing Lorem Ipsum passages, and more recently with desktop publishing software like Aldus PageMaker including versions of Lorem Ipsum

WordPress 3.9 and Theme 1.15 Updates (ZS3)

A. Michael Froomkin Regulating Mass Surveillance as Privacy Pollution: Learning from Environmental Impact Statements (draft, 2014).

UPDATE: Personal privacy in developed countries is disappearing faster than the polar ice caps. The rapid growth in the number and breadth of databases, the continuing drop in the costs of information processing, the spread of cheap sensors and of self-identification practices, all have combined to make this the era of Big Data. Much like global warming, drift-net data collection and collation creates widespread harms substantially caused by actions not visible to most of those affected. Both the private sector and the government find value in collecting vast amounts of information about everyone: firms collect personal data for marketing and revenue maximization; governments collect personal data for everything from efficiency to security. Practically nothing and nowhere is exempt: Data are collected in the home, from cell phones, online, and in public spaces. Market failures, information asymmetries – including, we have recently learned, a stunning lack of government transparency about domestic surveillance – and collective action problems characterize many aspects of the current privacy crisis, much as they did the environmental problem in the 1960s.

Modeling mass surveillance disclosure regulations on an updated form of environmental impact statement will help protect everyone’s privacy. Mandating disclosure and impact analysis by those proposing to watch us in and through public spaces will enable an informed conversation about privacy in public. Additionally, the need to build in consideration of the consequences of surveillance into project planning, as well as the danger of bad publicity arising from excessive surveillance proposals, will act as a counterweight to the adoption of mass data collection projects, just as it did in the environmental context. In the long run, well-crafted disclosure and analysis rules could pave the way for more systematic protection for privacy – as it did in the environmental context. Effective US substantive regulation will require the regulator to know a great deal about who and what is being recorded and about the costs and benefits of personal information acquisition and uses. At present we know relatively little about how to measure these; the privacy equivalent of the environmental impact statement will not only provide case studies, but occasions to grow expertise.

Environmental impact statements may be out of fashion today, but they played an important role in educating the public, policy-makers, and also builders about environmental risks and costs, especially in the early days of environmental regulation. In the US, these are still the early days of privacy regulation. We can apply what we have learned from more than thirty years of environmental disclosures to craft a better regime for disclosure, and thus analysis and debate, of the rapidly increasing number of public and private projects that involve mass surveillance.

Part I of this article gives examples of mass surveillance activities drawn from both the private and public sectors. It argues that mass surveillance is already very great, is growing, and that it is difficult to monitor and poorly understood. This Part also discusses how the deployment of privacy-destroying technology can be seen as a form of market failure. Part I then provides the context for the argument that follows. It briefly surveys the limited and inadequate doctrinal legal tools available to respond to the deployment of mass surveillance technologies and notes the existence of a wide gap when it comes to surveillance in or through public spaces. Then it provides a very quick summary of the Privacy Impact Notice (PINs) proposal, noting that the aim of this article is to make the case in principle for the utility and validity of Privacy Impact Notices without tying the argument to any particular level of coverage.

Part II first explains how, with the National Environmental Policy Act of 1969 (NEPA), environmental law responded to a similar set of market failure problems relating to physical harms to the environment. It outlines the main features of the Environmental Impact Statement (EIS) requirement for environmentally sensitive projects and then argues that we can learn from NEPA’s successes and defects in order to craft a Privacy Impact Notice (PIN) requirement triggered by plans to engage in mass surveillance. It contrasts the PIN proposal to the existing, much more limited, federal privacy analysis requirement, known as Privacy Impact Assessments. Part II also provides an initial sketch of what a PIN proposal would cover, in particular which sorts of activities would have presumptive safe harbors and which would likely be subject to the most thorough analysis and disclosure requirements. The final section of Part II examines whether the PINs proposal would have applications to surveillance and data-collection in online public spaces such as Facebook, Twitter, and other virtual spaces. It also considers what the PINs proposal would have to offer towards addressing the now-notorious problem of the NSA’s drift-net surveillance of telephone conversations, emails, and web-based communications.

Cite as: Beth Tucker Long, WordPress 3.9 and Theme 1.15 Updates (ZS3), JOTWELL (April 18, 2014) (reviewing A. Michael Froomkin Regulating Mass Surveillance as Privacy Pollution: Learning from Environmental Impact Statements (draft, 2014)), https://zetasec3.jotwell.com/wordpress-3-9-and-theme-1-15-updates/.

Demo zero-paragraph post

Besides, you look good in a dress. Mr. Crusher, ready a collision course with the Borg ship. How long can two people talk about nothing? They were just sucked into space. Smooth as an android’s bottom, eh, Data?

Not if I weaken first. Well, that’s certainly good to know. That might’ve been one of the shortest assignments in the history of Starfleet. You’re going to be an interesting companion, Mr. Data. I’ve had twelve years to think about it. And if I had it to do over again, I would have grabbed the phaser and pointed it at you instead of them. Computer, belay that order.

This should be interesting. I’d like to think that I haven’t changed those things, sir. Mr. Worf, you do remember how to fire phasers? When has justice ever been as simple as a rule book? Fate protects fools, little children and ships named Enterprise. Computer, lights up! Wait a minute – you’ve been declared dead. You can’t give orders around here.

About four years. I got tired of hearing how young I looked. Yesterday I did not know how to eat gagh. Ensign Babyface! I’ll be sure to note that in my log. You did exactly what you had to do. You considered all your options, you tried every alternative and then you made the hard choice. We know you’re dealing in stolen ore. But I wanna talk about the assassination attempt on Lieutenant Worf.

Another Printer Test Post

The Article, The Journal (2012).

This post is being made while printfriendly is on.

It is a fine example of socio-legal research, combining discourse analysis of sources gathered from empirical research with theoretical insights. Amongst other sources, Kondakov draws on Wendy Brown’s work on tolerance and Brenda Cossman’s study of how refusing legal recognition to same-sex marriage nevertheless inaugurates it into “speakability.” Methodologically, his discussion of the “sub-discourse under the articulated one” as part of the normative order, “shaping things that are supposed to be left unsaid,” might appropriately inspire other legal researchers, as much scholarship confines itself to that which is said.

On the other hand, with perhaps some exceptions like shaming punishments and the death penalty, the standard thought is that retributivists qua their retributivism have nothing to say about the mode of punishment. Decisions about incarceration, fines, short-but-intense punishments, long-but-light punishments—none of these are questions for retributivists. If retributivists have views, these views come from other parts of their general moral or political framework. At least, that was what I thought before I read Tomlin’s article.

Cite as: admin, Another Printer Test Post, JOTWELL (November 19, 2013) (reviewing The Article, The Journal (2012)), https://zetasec3.jotwell.com/another-printer-test-post/.

Testing Printer

This post is being made while printfriendly is on.

It is a fine example of socio-legal research, combining discourse analysis of sources gathered from empirical research with theoretical insights. Amongst other sources, Kondakov draws on Wendy Brown’s work on tolerance and Brenda Cossman’s study of how refusing legal recognition to same-sex marriage nevertheless inaugurates it into “speakability.” Methodologically, his discussion of the “sub-discourse under the articulated one” as part of the normative order, “shaping things that are supposed to be left unsaid,” might appropriately inspire other legal researchers, as much scholarship confines itself to that which is said.

On the other hand, with perhaps some exceptions like shaming punishments and the death penalty, the standard thought is that retributivists qua their retributivism have nothing to say about the mode of punishment. Decisions about incarceration, fines, short-but-intense punishments, long-but-light punishments—none of these are questions for retributivists. If retributivists have views, these views come from other parts of their general moral or political framework. At least, that was what I thought before I read Tomlin’s article.

A Treatise on Sweets

John Hart Ely, The Wages of Crying Wolf: A Comment on Roe v. Wade, 82 Yale L.J. 920 (1973).

Cupcake ipsum dolor sit amet gingerbread muffin croissant. Biscuit sugar plum soufflé dragée bonbon apple pie. Brownie sweet carrot cake powder lollipop ice cream chocolate cake jujubes jujubes. Bear claw icing danish jelly pudding.

Marshmallow liquorice gummi bears. Liquorice pastry caramels candy canes biscuit. Jelly lemon drops icing jelly muffin.

Chocolate bar fruitcake fruitcake candy canes. Dragée macaroon sesame snaps icing oat cake dessert. Muffin halvah sugar plum macaroon chocolate bar candy. Gummies halvah biscuit gingerbread danish carrot cake tiramisu.

Croissant applicake icing cheesecake bonbon tart marzipan. Jelly macaroon wypas tootsie roll lemon drops carrot cake. Gummies gingerbread brownie gummies brownie applicake cheesecake.

Sesame snaps gummies bonbon sugar plum carrot cake tootsie roll. Liquorice pudding marzipan brownie chocolate bar. Pudding carrot cake gingerbread cheesecake toffee tiramisu sweet gummi bears dragée.

Cite as: admin, A Treatise on Sweets, JOTWELL (January 17, 2013) (reviewing John Hart Ely, The Wages of Crying Wolf: A Comment on Roe v. Wade, 82 Yale L.J. 920 (1973)), https://zetasec3.jotwell.com/a-treatise-on-sweets/.