Sneeje 's BestNetTech Comments

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  • On the post: Konami Gets YouTube To Take Down Video It Doesn't Like; Streisand Effect Ensures Neverending Discussion Of Video

    Sneeje ( profile ), 12 May, 2015 @ 04:50am

    This is what really bugs me...

    "YouTube will err on the side of rights holders"

    No one knows if they hold any rights yet, especially not YouTube!

    This should read like, "err on the side of random people with money and influence"

  • On the post: Presidential Hopeful Carly Fiorina Displays Astounding Ignorance In Slamming Net Neutrality

    Sneeje ( profile ), 17 Apr, 2015 @ 08:20am

    Re: Everyone is an idiot

    You're not wrong regarding the government, but the problem is exactly what Mr. Fenderson is trying to get you to consider: that the only real option we have for a solution is to involve the government.

    The government is the only party that can even be remotely argued as potentially working in the broader interest. You cannot possibly argue that the free-market will fix that or even the companies themselves. Their interests simply do not intersect with the broader market or consumers enough to encourage and nurture unselfish behaviors.

    So, as JF asks, what is your solution?

  • On the post: Why Are Some People So Intent On Making Netflix More Like Traditional TV?

    Sneeje ( profile ), 17 Mar, 2015 @ 08:45am

    Wait, cheese club?

    What is this cheese club of which you speak? How can I get in???? TELL ME!

  • On the post: University Thinks Yik Yak Ban It Can't Possibly Enforce Will Fix Its 'Hate Speech' Problem

    Sneeje ( profile ), 16 Feb, 2015 @ 10:21am

    Re: Re: Re: Re: Re: Re: Let the students decide

    The "fighting words" concept and hate speech can be and usually are quite different. From the article you cited:

    "...holding that mere offensiveness does not qualify as "fighting words".

    So, the "fighting words" doctrine is more closely related to incitement than it is to hate.

    But I know your point is more about whether fighting words are considered acceptable by the Supreme Court. And it is an important case, even though they have narrowed it considerably over time. John probably could have chosen a better example.

    It is important though for us to understand as clearly as possible the limits on the first amendment. Thanks for the point, however late :)

  • On the post: University Thinks Yik Yak Ban It Can't Possibly Enforce Will Fix Its 'Hate Speech' Problem

    Sneeje ( profile ), 10 Feb, 2015 @ 03:29pm

    Re: Re: Re: Re: Re: Let the students decide

    Good points. I probably should have done a little more research before posting. My greater point, which you seem to agree with, is that the flaw in differentiating crimes and hate crimes is what it requires of the law and the judge/jury in terms of assessing the thoughts/motivations of the accused.

  • On the post: University Thinks Yik Yak Ban It Can't Possibly Enforce Will Fix Its 'Hate Speech' Problem

    Sneeje ( profile ), 10 Feb, 2015 @ 02:17pm

    Re: Re: Re: Let the students decide

    But that actually isn't the definition of "hate crime" or "hate speech". Those are speech or crime "[...] motivated by racial, sexual, or other prejudice, typically one involving violence."

    It isn't elementary, because it is, effectively thoughtcrime from 1984.

    The crime itself is provable, it either happened or not. The "hate" portion, is based on a subjective assessment of motivation. I can use words to project my motivation, but they are not necessarily an accurate representation of my mind.

    Because they cannot be proof of thoughts, a hate crime must therefore be punishing SPEECH. This is a problem.

    My personal opinion is that we should punish ACTIONS, not a subjective assessment of someone's motivations.

  • On the post: University Thinks Yik Yak Ban It Can't Possibly Enforce Will Fix Its 'Hate Speech' Problem

    Sneeje ( profile ), 10 Feb, 2015 @ 09:05am

    Re: Let the students decide

    I'm curious by the following, though: "UNC doesn't get to limit speech to only what's "constructive and respectful." Its authority doesn't extend past the First Amendment."

    Did Tim say this because UNC receives government funding / is a state institution? I guess I'm asking if they are sufficiently established as a government institution to be governed by the 1st amendment.

    As we know, the first amendment has no power over interactions between private institutions and individuals. There may be other laws perhaps.

  • On the post: IRS Shuts Down Another High-Profile Asset Forfeiture Case, Gives $447,000 Back To Its Rightful Owners

    Sneeje ( profile ), 29 Jan, 2015 @ 10:06am

    Struggling a bit...

    This posting most likely has it right, but the settlement agreement refers to form 8300, which is not the FinCEN form associated with deposits, it is the form associated with the conversion of cash into other assets or services.

    In other words, this maybe isn't about deposits, but about the conversion of >=$10K cash into other assets or the conversion of assets into cash.

  • On the post: LAPD's Body Cams To Be Synced To Taser Deployment

    Sneeje ( profile ), 12 Jan, 2015 @ 07:48pm

    And the events leading up to the tasering?

    Maybe I'm just not understanding either this proposal or the events that precipitated this, but it seems like the issues have been around what suspects have done prior to the use of force.

    Isn't all this going to do is show the suspects in full on seizure?

  • On the post: DRM, Or How To Turn Your Cat's Litter Box Into An Inkjet Printer

    Sneeje ( profile ), 08 Jan, 2015 @ 07:28am

    Re: Re: Re: Re: Re:

    Yep. You put it better than I did :)

  • On the post: DRM, Or How To Turn Your Cat's Litter Box Into An Inkjet Printer

    Sneeje ( profile ), 08 Jan, 2015 @ 07:23am

    Re: Re: Re: Re:

    We live within a county, not a city. When the developers around here get approval for housing subdivisions, they often include taking responsibility for the roads within the subdivision, which is handed over to an HOA.

    All of the main roads and key streets are maintained by the county, just not the subdivision roads.

  • On the post: DRM, Or How To Turn Your Cat's Litter Box Into An Inkjet Printer

    Sneeje ( profile ), 08 Jan, 2015 @ 06:43am

    Re: Re:

    I do live in a neighborhood governed by an HOA and I don't know of any neighborhood anywhere nearby that isn't.

    I would love to live without that burden, but I'm not sure how our neighborhood would resolve certain issues without one. For example, the streets in our development are not state maintained. Meaning, at a minimum we need some kind of community fund/organization to plan for and pay for street snow clearing and street repair/replacement. We also have playgrounds and tennis courts that have to be maintained.

    I would also add that many condos and apartments have HOA-like restrictions/costs associated with them as well.

  • On the post: Maryland Council Member Kirby Delauter Admits He Was Wrong To Threaten To Sue Newspaper For Using His Name

    Sneeje ( profile ), 08 Jan, 2015 @ 05:32am

    Re: Why is this idiot still in his position?

    Hmmm, I don't agree with that. I think zero-tolerance principles are misguided and wrong.

    The concept that public officials can never make substantial mistakes without resigning is a) contrary to the human condition, and b) contrary to our best interests.

    For a), we're all flawed humans and we make mistakes--its part of how we learn and part of how we innovate and grow. That doesn't mean damn the consequences, but it does mean that we need our leaders and administrators to feel they have some ability to use judgment and take risks. Otherwise, we're led to b).

    For b), it is in our best interests that public officials feel safe to admit mistakes. If every significant mistake results in scorched earth, we'll end up with the result we often see today: no one admits mistakes even in the face of overwhelming evidence because the personal cost is too high. I contend that a situation where the public official admits their mistakes, is possibly punished, but remains in place, is the best possible outcome. There is a limit of course, and that's what makes this hard, but zero mistakes should not be the limit.

  • On the post: That Crazy Story About Making 'Hate Speech' A Crime? Yeah, That's Satire

    Sneeje ( profile ), 07 Jan, 2015 @ 10:39am

    Re: Damn

    Yeah, I really would have enjoyed Tim's take. Perhaps Mike will let us see it anyway? Please?

  • On the post: IRS Drops Its Asset Forfeiture Case Against Owner Of Small, Cash-Only Restaurant

    Sneeje ( profile ), 17 Dec, 2014 @ 06:08am

    Re: Re:

    No its not. See http://www.fincen.gov/whatsnew/pdf/CTRPamphletBW.pdf

    Can I break up my currency transactions into multiple, smaller amounts to avoid being reported to the government?
    No. This is called “structuring.” Federal law makes it a crime to break up transactions into smaller amounts for the purpose of evading the CTR reporting requirement and this may lead to a required disclosure from the financial institution to the government. Structuring transactions to prevent a CTR from being reported can result in imprisonment for not more than five years and/or a fine of up to $250,000. If structuring involves more than $100,000 in a twelve month period or is performed while violating another law of the United States, the penalty is doubled.

  • On the post: IRS Drops Its Asset Forfeiture Case Against Owner Of Small, Cash-Only Restaurant

    Sneeje ( profile ), 16 Dec, 2014 @ 08:36am

    Re: Re: Bank Secrecy Act

    You can, its called a Designation of an Exempt Person (DOEP), but it isn't for the business, it is for the individual depositing the cash on behalf the business/organization.

  • On the post: IRS Drops Its Asset Forfeiture Case Against Owner Of Small, Cash-Only Restaurant

    Sneeje ( profile ), 16 Dec, 2014 @ 08:04am

    Re: Re: Re: Re: And automatic payroll deposits?

    Suspicious Activity Reports (SARs) can be any transaction, but 8300s, CMIRs, and CTRs are specifically tied to CASH.

    I wasn't clear, but I meant that CTRs would not be submitted for automatic deposits. But you are correct that structuring could be associated with deposits if the bank has a reason to believe they are suspicious.

    There is quite a bit of guidance around this, though, and automatic salary deposits (for example) are well-established non-suspicious behavior.

  • On the post: IRS Drops Its Asset Forfeiture Case Against Owner Of Small, Cash-Only Restaurant

    Sneeje ( profile ), 16 Dec, 2014 @ 07:54am

    Re: Remember People

    The Bank Secrecy Act was enacted in 1970.

  • On the post: IRS Drops Its Asset Forfeiture Case Against Owner Of Small, Cash-Only Restaurant

    Sneeje ( profile ), 16 Dec, 2014 @ 07:16am

    Re: Re: And automatic payroll deposits?

    Yes, FinCEN provides guidance for this. But more specifically it wouldn't qualify because it isn't a CASH deposit. Automatic payroll deposits are by definition not cash.

  • On the post: IRS Drops Its Asset Forfeiture Case Against Owner Of Small, Cash-Only Restaurant

    Sneeje ( profile ), 16 Dec, 2014 @ 05:58am

    Bank Secrecy Act

    The genesis of this is the Bank Secrecy Act, for which the regulatory authority is FinCEN, not the IRS. The IRS, however, acts as the enforcement arm for FinCEN most of the time because their various divisions (in this case, Small Business/Self-Employed) are much better prepared to audit or investigate issues. FinCEN only has 300ish employees.

    The BSA dictates that for each deposit of 10K+ in cash, a Currency Transaction REport (CTR) be filled. It is a form covering a statement of fact. If structuring is suspected, a Suspicious Activity Report must be filled, which is more like a tip.

    If the banks don't comply with these expectations, they can be subject to significant fines and penalties.

    These fillings are also expected for securities, for conversion of assets to cash or vice-versa, when bringing cash or taking it out of the country, etc. So, for example, if you pay an attorney 10K in cash, they have to file a CTR.

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