American Defense Enterprises

Random observations from the ADE community

Tuesday, August 18, 2009

Fourth Amendment, just not there anymore. Use P2P — you have waived expectation of privacy.

As seen at FourthAmendment.com, use of peer-to-peer software on your computer is now considered a tacit waiver of your expectation of privacy. The theory is that basically, since file sharing software is created expressly to share your files, then, well, how can you argue that the files on your computer are considered private?

Unfortunately, it was not clear in the story if the courts considered that such software tends to have extensive access restriction that can limit the files to be shared.  In my experience with DNA evidence, I will have to assume that the courts did not consider this point.  Lawyers and judges tend not to have extensive technical backgrounds and rulings are made accordingly — you have file sharing software, so, you want to share your files.

“[a]lthough as a general matter an individual has an objectively reasonable expectation of privacy in his personal computer, we fail to see how this expectation can survive [Stults's] decision to install and use file-sharing software, thereby opening his computer to anyone else with the same freely available program.”

posted by j k at 9:11 am  

Tuesday, August 18, 2009

Obama’s OSHA Nominee is anti-gun

As reported in Overlawyered (via NRA-ILA), David Michaels is anti gun.  The evidence presented links to a blog post he made back in 2007.

In the blog post, Michaels voices his opposition to laws that reaffirm the peoples’ rights to bring firearms with them in the cars to their workplace parking lots.  He expands that after tragedies we frequently pass laws to make things safer.  He looks at the VA tech shooting and questions why we aren’t passing more anti-gun legislation.    He is obviously missing a bit of his history.  It was the Luby Massacre in Texas that prompted the passage of their much more lenient CCW laws.  Since the CCW reform in Texas, crime (including homicide) has decreased.  Like many liberals, he has an agenda against guns, and there is only one solution.

http://www.gwumc.edu/sphhs/faculty/michaels_david.cfm

If, by getting rid of all guns, we could end all violence and murder then, let’s do it!  Unfortunately, things just don’t work that way.  People that take advantage of other people (from asshole to psychopath) will tend to take advantage of victims that are more powerless.  Gun control disparately reduces the power of honest people.  For somebody that pushes the idea of using science to shape public policy, this is an interesting contradiction to hold as truth.

Anyway, why would David Michaels as head of OSHA be bad for gun owners?  When I go to a firing range, I am glad that there are laws that require there to be proper ventilation.  What if Michaels decided that there is “no safe limit for voluntary exposure to lead”?  What if he decided that airport exposure to noise is acceptable, but, “sporting” related exposure to noise is not acceptable.  If not for the participants, then, perhaps for the people that work at these establishments?  There are definite health risks to people that work in ranges — they should have safe working conditions.  But, it is a slippery slope and the right person in the right position should shut down the entire industry….

p.s.  FTIW, I really do not know how much guns are on his agenda…

posted by j k at 8:58 am  

Friday, August 14, 2009

Gun Control Facts – Every now and then you learn something now

So, we are all used to the lies that gun control folk use to say why guns are bad and evil (guns cause crime, are never used in self defense, etc)…. I just learned a new tidbit that I thought I would share….

Did you know that burglars in the United States are less willing to enter occupied homes than burglars in other countries???

Its true…  “According to Kleck, most Americans take it for granted that a burglar won’t burglarize them when they’re home. Only about 12 percent of U.S. burglaries take place when people are home, compared to 40 to 50 percent in England, Canada, and the Netherlands, where gun laws are more restrictive and ownership is much lower.“  Holy F#$%#!!!  Can you imagine living in a world where 50% of burglaries occurred in occupied homes?!?!?!?!?!  I’ll support my 2nd amendment rights just to keep that number down!!!
From the “Test your Gun IQ” test over at Florida State University…
posted by j k at 5:24 pm  

Friday, August 14, 2009

Quote of the day

“Why’s it called 38 special?  What’s so special about it?”

- overheard at LAX range 8/14/09

posted by c k at 2:51 pm  

Friday, August 14, 2009

The Whole Foods Alternative to ObamaCare

Opinion piece on the WSJ

A few days ago the CEO of Whole Foods, John Mackey, wrote an opinion piece in the Wall Street Journal about health care reform titled “Eight things we can do to improve health care without adding to the deficit.”

Here’s a summary of his eight reforms, but I encourage you to read the whole opinion piece.

1. Remove the legal obstacles that slow the creation of high-deductible health insurance plans and health savings accounts (HSAs).

2. Equalize the tax laws so that employer-provided health insurance and individually owned health insurance have the same tax benefits.

3. Repeal all state laws which prevent insurance companies from competing across state lines.

4. Repeal government mandates regarding what insurance companies must cover.

5. Enact tort reform to end the ruinous lawsuits that force doctors to pay insurance costs of hundreds of thousands of dollars per year.

6. Make costs transparent so that consumers understand what health-care treatments cost.

7. Enact Medicare reform.

8. Finally, revise tax forms to make it easier for individuals to make a voluntary, tax-deductible donation to help the millions of people who have no insurance and aren’t covered by Medicare, Medicaid or the State Children’s Health Insurance Program.

I am a big fan of high deductible health care plans and health savings accounts.  You can use the the pretax HSA money on any legitimate health related expenses you wish.  If you have sniffles and want to see the doctor just go to anyone you want and spend your HSA account to get the care you need.  If you have a horrible accident or need an expensive surgery then the health insurance benefits cover the really expensive costs that could financially ruin you.  That is what insurance is for, protecting you from financial catastrophe due to unforeseen events, not an E-ticket to free health care.  I also love the idea of equal tax breaks for individually owned health insurance.  You buy your own health insurance and is yours as long as you own the policy regardless of your employer.  I will stop there so this is not too long winded.

I think that it is sad and a poor reflection on Whole Foods customers that the well thought out points in this opinion piece  have lead to at least two Whole Foods customers vowing to never patronize the store again.  It takes a special kind of hypocrisy to say that you are willing to pay premium prices for organic food, but are unwilling to spend one more dime of your money on your health care.

posted by c k at 12:10 pm  

Thursday, August 13, 2009

A rare photo….

It’s Chris’ cat….

operatorcat

posted by j k at 6:21 pm  

Thursday, August 13, 2009

Safety Rules… Just a Random Reference.

In ADE, we talk about the 4 rules of gun safety. Since sometimes people talk to one another, it is probably worth pointing out the following:

ADE Rules for Safety (Jeff Cooper-esque) NRA Rules for Safety
  1. ALL GUNS ARE ALWAYS LOADED
  2. NEVER LET THE MUZZLE COVER ANYTHING YOU ARE NOT WILLING TO DESTROY
  3. KEEP YOUR FINGER OFF THE TRIGGER UNTIL YOUR SIGHTS ARE ON THE TARGET
  4. BE SURE OF YOUR TARGET AND WHAT IS BEYOND
  1. ALWAYS keep the gun pointed in a safe direction.
  2. ALWAYS keep your finger off the trigger until ready to shoot.
  3. ALWAYS keep the gun unloaded until ready to use.

Safety is a mindset. Lists of rules often just make people that like to make lists happy. But, the obvious difference is obvious — in combat handgun, the gun is always in a state where it is ready to use…. Then again, “all guns are loaded” isnt really much of an action that I can follow.

Eh. Im not sure anybody cares…. Consider this a post in gun culture education.

posted by j k at 6:14 pm  

Thursday, August 13, 2009

Why are Americans feared….

Trained armies…  Good equipment…. A LOT of resources to throw at a problem.  All good reasons.  Of course it could be that we are all perceived as crazy.

Nothin’ crazier than a bored American – particularly from certain southern regions of the country…

Link to the video.

posted by j k at 7:43 am  

Wednesday, August 12, 2009

Microstamping in CA hits a snag????

As we talked about back in 2007, all news guns to be added to the California safe handgun roster starting in 2010 will need to”microstamp”, that is, place a unique (to the gun) number on every casing that is chambered/fired.

The California law says that they stamp has to be in at least two places.  Pretty much, like AB962, this is just an end run to gun control that avoids that pesking 2nd amendment thing.  Well, even though the governator signed it,  it turns out that the CA attorney general has, so far, refused to certify the law — a requirement for the law to go into effect.

The issue, quoted here:

The problem I have with this is it can’t be done,” said Kevin Reid, Ruger’s general counsel. “The legislation says it has to work 100 percent of the time and there is nobody, nobody including Todd Lizotte himself, who would say it will always work.”

Several studies, including one done by the University of California Davis, have concluded the process needs further review, that it appears to work better on some guns than others.

Don’t worry…  This is California and I am sure the AG will be pressured into approving problems will be resolved soon.

posted by j k at 7:10 am  

Monday, August 10, 2009

California is taking an interest free loan from you.

Story on KXTV 10 website

If you have been paying attention to current events in California you know that we had a very large budget deficit … about $26 billion.  This is based on current projected revenue for the next year which is likely wildly optimistic to limit the amount of budget cuts that are really necessary. Now if you personally had to cut back on your yearly budget and trim your spending for the year you would simply have to eliminate spending on certain items.  The State on the other hand just gets creative. Let’s see … How about pushing a State workers payday from July 31st to August 1st to move the payday into the next fiscal year. Good idea! How about increasing the amount of tax withholding from citizens for a while and pay them back later with no interest. Awesome, no one else but the government could get away with that! Wait … you don’t want to loan a practically bankrupt institution that is paying out debts with IOUs? Too bad you already are.

It is truly sad that this once great State has adopted Wimpy as its new role model and is glad to pay you Tuesday for a hamburger today.

posted by c k at 7:09 pm  
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