903 karma · joined February 25, 2017
I saw a video (https://www.youtube.com/watch?v=eXAkXyysfFU) discussing one of this judge's recent opinions regarding a series of copyright infringement lawsuits. Orenstein dismissed 13 suits from one single copyright holder against numerous "John Doe" defendants, in which the rights holder conflated people who subscribed to internet service as being the same people who actually committed copyright infringement. Since the plaintiff had no evidence to show that the subscriber and infringer were the same person, Orenstein dismissed the suit without the defendant even knowing he or she was being sued - but Orenstein's basic knowledge, allowing him to make such a ruling unprompted, is the exception, not the rule.
We can't depend on having judges like Orenstein or William Alsup or even the Supreme Court to enact good privacy policy. Policymaking is the job of Congress, and while I am happy to see recent Congressional oversight hearings regarding facial recognition, TSA, and the like, I wish that Congress would take bolder stances against police and prosecutorial overreach.
I'm not sure if this theory would actually prevail in an unemployment hearing - it varies significantly by state - but the business loses nothing by trying.
What we really need is a legislative solution, but unfortunately I have low expectations for Congress, seeing that Carpenter v. United States even had to happen.
The worst part, for me at least, is I'm not even sure how you would sue Hertz for something like this. It's negligence resulting in false imprisonment, but not all false imprisonment tort statutes have negligence as a valid cause of action. There's also malicious prosecution and defamation, but that typically also requires intent, rather than just negligence or recklessness. I suppose that it could fall under the blanket "unfair business practices" tort, but the damages would probably be limited. In PA for example, you couldn't get more than $1,000 out of that claim.
This is an absurd set of factual circumstances, and there are almost no accountability structures in place to fight it. It's incredibly disheartening.
> Signal is endorsed by NSA
Uh, what? This isn't true.
Is it possible that they (perhaps mistakenly) believe that communicating with you could open them up to civil liability?
See, for example, https://en.wikipedia.org/wiki/New_York_Times_Co._v._United_S...
https://en.m.wikipedia.org/wiki/Robbins_v._Lower_Merion_Scho...