pipeline

In this big game that we play, life, it’s not what you hope for, it’s not what you deserve, it’s what you take

A woman who was knocked unconscious by a cyclist will be awarded compensation, despite a judge finding she had stepped into the road while looking at her phone.

Robert Hazeldean, a garden designer, who was also knocked out by the collision, will pay thousands in damages and court fees to Gemma Brushett, who works for a finance firm in the City of London and runs yoga retreats. […]

Judge Shanti Mauger, at Central London county court, said: “Cyclists must be prepared at all times for people to behave in unexpected ways.”

{ Site | Continue reading }

Max Headroom was portrayed as “The World’s first computer-generated TV host,” although the computer-generated appearance was achieved with prosthetic make-up and hand-drawn backgrounds

In Siege, Wolff quotes Bannon saying investigations into Trump’s finances will cut adrift even his most ardent supporters: “This is where it isn’t a witch hunt – even for the hard core, this is where he turns into just a crooked business guy, and one worth $50m instead of $10bn. Not the billionaire he said he was, just another scumbag.”

{ The Guardian | Continue reading }

update 6/3 { Italy is revoking a lease granted to Steve Bannon after reports of fraud in the competitive tender process. A letter used to guarantee the lease was forged. }

‘Real knowledge is to know the extent of one’s ignorance.’ — Confucius

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The mainstream sciences are experiencing a revolution of methodology. This revolution was inspired, in part, by the realization that a surprising number of findings in the bioscientific literature could not be replicated or reproduced by independent laboratories and were likely false discoveries.

In response – as reflected in a 2018 report of the National Academy of Sciences, Engineering, and Medicine – scientific norms and practices are rapidly moving towards openness. These reforms promise many enhancements to the scientific process, notably improved efficiency and reliability of findings.

Changes are also underway in the forensic sciences (although they have recently hit substantial political roadblocks). After years of legal-scientific criticism and several reports from peak scientific bodies, efforts are underway to establish the validity of several forensic practices and ensure forensic scientists perform and present their work in a scientifically valid way.

In this article, the authors suggest that open science reforms are distinctively suited to addressing the problems faced by forensic science. Openness comports with legal and criminal justice values, helping ensure expert forensic evidence is more reliable and susceptible to rational evaluation by the trier of fact.

{ LawArXiv | Continue reading }

transparency in lightbox { Jeff Wall, A Sunflower, 1995 }

Into the eternal darkness, into fire and into ice

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US actor Ashton Kutcher testified in an LA courtroom that he called on a young woman’s home for a date in 2001, not realising she lay dead inside.

When the woman, Ashley Ellerin, did not answer the door, Mr Kutcher said he looked in her window and saw what he thought were wine stains on the floor. […]

Prosecutors allege Ellerin was slain by “Hollywood Ripper”, Michael Gargiulo.

{ BBC | Continue reading }

photo { Stephen Shore, Grand Canyon, June 1972 }

Ces dames préfèrent le mambo

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Behavioural patterns of Londoners going about their daily business are being tracked and recorded an unprecedented scale, internet expert Ben Green warns. […]

Large-scale London data-collection projects include on-street free Wi-Fi beamed from special kiosks, smart bins, police facial recognition and soon 5G transmitters embedded in lamp posts.

Transport for London announced this week they would track, collect and analyse movements of commuters around 260 Tube stations starting from July by using mobile Wi-Fi data and device MAC addresses to help improve journeys. Customers can opt out by turning off their Wi-Fi. 

{ Standard | Continue reading }

previously { The Business of Selling Your Location }

art { Poster for Autechre by the Designers Republic, 2016 }

At the end of the drama, as Faust and Mephistopheles flee the dungeon, a voice from heaven announces Gretchen’s salvation

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Misdemeanor cases affect far more people than felony cases, outnumbering felony cases by more than three to one. Yet very little empirical information exists on many aspects of misdemeanor prosecutions.

This Article provides the first quantitative look at appellate review in misdemeanor cases, nationwide. It uses data drawn from a random sample of direct criminal appeals decided by every state appellate court in the nation, unpublished aggregate data on misdemeanor trial court cases provided by the Court Statistics Project, and published state court statistics.

We provide the first estimate of the rate of appellate review for misdemeanors, concluding that appellate courts review no more than eight in 10,000 misdemeanor convictions, and disturb only one conviction or sentence out of every 10,000 misdemeanor judgments. This level of oversight is much lower than that for felony cases, for reasons we explain.

Additional findings include new information about the rate of felony trial court review of lower court misdemeanor cases, ratios of appeals to convictions for various misdemeanor-crime categories, detailed descriptive information about misdemeanor cases that reach state appellate courts, the results of a complete statistical analysis examining which features are significantly associated with a greater or lesser likelihood of success, including crime type, claim raised, judicial-selection method, and type of representation, and the first quantitative look at how misdemeanor appeals differ from felony appeals.

{ LawArXiv | Continue reading }

watercolor on paper { JMW Turner, A Wreck, possibly related to Longships Lighthouse, Land’s End, c.1834 }

previously { The Federalist Society — A 30-Year Plan to Transform the Courts }

Facebook algorithm can recognise people in photographs even when it can’t see their faces

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In Shenzhen, the local subway operator is testing various advanced technologies backed by the ultra-fast 5G network, including facial-recognition ticketing.

At the Futian station, instead of presenting a ticket or scanning a QR bar code on their smartphones, commuters can scan their faces on a tablet-sized screen mounted on the entrance gate and have the fare automatically deducted from their linked accounts. […]

Consumers can already pay for fried chicken at KFC in China with its “Smile to Pay” facial recognition system, first introduced at an outlet in Hangzhou in January 2017. […]

Chinese cities are among the most digitally savvy and cashless in the world, with about 583 million people using their smartphones to make payment in China last year, according to the China Internet Network Information Center. Nearly 68 per cent of China’s internet users used a mobile wallet for their offline payments.

{ South China Morning Post | Continue reading }

photo { The Collection of the Australian National Maritime Museum }

‘We are all deep in a hell each moment of which is a miracle.’ –Cioran

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Beer bottles are often used in physical disputes. If the bottles break, they may give rise to sharp trauma. However, if the bottles remain intact, they may cause blunt injuries. […]

We tested the fracture properties of beer bottles in a drop-tower. Full bottles broke at 30 J impact energy, empty bottles at 40 J. These breaking energies surpass the minimum fracture-threshold of the human neurocranium. […]

The phenomenon of empty beer bottles breaking at higher energies than full ones is explainable by two factors. Firstly, beer is an almost incompressible fluid. Even a slight deformation of the bottle due to the impact of the steel ball leads to an increase of the pressure within the bottle and its destruction. Another possibly major additional factor may be that beer is carbonated.

{ Journal of Forensic and Legal Medicine | Continue reading }

photo { Stephen Shore, Miami, Oklahoma, July 1972 }

the moyles and moyles of it

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Products developed by companies such as Activtrak allow employers to track which websites staff visit, how long they spend on sites deemed “unproductive” and set alarms triggered by content considered dangerous. […]

To quantify productivity, “profiles” of employee behaviour — which can be as granular as mapping an individual’s daily activity — are generated from “vast” amounts of data. […]

If combined with personal details, such as someone’s age and sex, the data could allow employers to develop a nuanced picture of ideal employees, choose whom they considered most useful and help with promotion and firing decisions. […]

Some technology, including Teramind’s and Activtrak’s, permits employers to take periodic computer screenshots or screen-videos — either with employees’ knowledge or in “stealth” mode — and use AI to assess what it captures.

Depending on the employer’s settings, screenshot analysis can alert them to things like violent content or time spent on LinkedIn job adverts. 

But screenshots could also include the details of private messages, social media activity or credit card details in ecommerce checkouts, which would then all be saved to the employer’s database. […]

Meanwhile, smart assistants, such as Amazon’s Alexa for Business, are being introduced into workplaces, but it is unclear how much of office life the devices might record, or what records employers might be able to access.

{ Financial Times | Continue reading }

Google uses Gmail to track a history of things you buy. […] Google says it doesn’t use this information to sell you ads.

{ CNBC | Continue reading }

unrelated { Navy Seal’s lawyers received emails embedded with tracking software }

photo { Philip-Lorca diCorcia, Paris, 1996 }

Not a soul but ourselves

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[I]nside of a Google server or a Facebook server is a little voodoo doll, avatar-like version of you […] All I have to do is simulate what conversation the voodoo doll is having, and I know the conversation you just had without having to listen to the microphone.

{ Quartz | Continue reading }

…a phenomenon privacy advocates have long referred to as the “if you build it, they will come” principle — anytime a technology company creates a system that could be used in surveillance, law enforcement inevitably comes knocking. Sensorvault, according to Google employees, includes detailed location records involving at least hundreds of millions of devices worldwide and dating back nearly a decade.

The new orders, sometimes called “geofence” warrants, specify an area and a time period, and Google gathers information from Sensorvault about the devices that were there. It labels them with anonymous ID numbers, and detectives look at locations and movement patterns to see if any appear relevant to the crime. Once they narrow the field to a few devices they think belong to suspects or witnesses, Google reveals the users’ names and other information. […]

Google uses the data to power advertising tailored to a person’s location, part of a more than $20 billion market for location-based ads last year.

{ NY Times | Continue reading }

The “panopticon” refers to an experimental laboratory of power in which behaviour could be modified

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We’ve all been making some big choices, consciously or not, as advancing technology has transformed the real and virtual worlds. That phone in your pocket, the surveillance camera on the corner: You’ve traded away a bit of anonymity, of autonomy, for the usefulness of one, the protection of the other.

Many of these trade-offs were clearly worthwhile. But now the stakes are rising and the choices are growing more fraught. Is it O.K., for example, for an insurance company to ask you to wear a tracker to monitor whether you’re getting enough exercise, and set your rates accordingly? Would it concern you if police detectives felt free to collect your DNA from a discarded coffee cup, and to share your genetic code? What if your employer demanded access to all your digital activity, so that it could run that data through an algorithm to judge whether you’re trustworthy?

These sorts of things are already happening in the United States.

{ NY Times | Continue reading }

Revenge, more revenge, and CoCos

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Foreign Minister José Valencia and Interior Minister María Paula Romo accused Assange of riding scooters around the cramped embassy hallways, insulting staff and smearing feces on the walls.

{ CNN | Continue reading }

Mr. Moreno accused Mr. Assange of installing electronic distortion equipment in the embassy, blocking security cameras, confronting and mistreating guards and gaining access to security files without permission.

{ NY Times | Continue reading }