Author Archive: Erich Vieth

Erich Vieth is an attorney focusing on consumer law litigation and appellate practice. He is also a working musician and a writer, having founded Dangerous Intersection in 2006. Erich lives in the Shaw Neighborhood of St. Louis, Missouri, where he lives half-time with his two extraordinary daughters.

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Glenn Greenwald on publishing hacks: The more powerful a person is, the less privacy they have.

October 23, 2016 | By | Reply More

Glenn Greenwald set forth 5 principles in this article on The Intercept. The article includes a video discussion with Chris Hayes. One of the principles is this:

Last night, I was on Chris Hayes’s show (video below) discussing the Podesta email leak and made this point, and some people reacted as though this were some bizarre, exotic claim — rather than what it is: the fundamental principle of journalism as well the basis of numerous laws. Of course it’s the case that the more power someone has, the less privacy they have, and every media outlet, literally every day, operates on that principle, as do multiple sectors of law.

That there are different standards of privacy for different people based on their power and position is axiomatic. That’s why laws like FOIA requiring disclosure (including of emails) apply only to public officials but not to private citizens: It embraces the proposition that those who wield public power submit to greater transparency than private citizens do. This same principle is why people cheered when the NYT published Trump’s tax return even though they’d be horrified if the NYT published the tax return of ordinary citizens — because people like Trump who wield or seek great political power sacrifice some degree of privacy.

Here are the five principles Greenwald sets forth:
1. A source’s motives are irrelevant in deciding whether to publish
2. Journalists constantly publish material that is stolen or illegally obtained.
3. The more public power someone has, the less privacy they are entitled to claim
4. Whether something is “shocking” or “earth-shattering” is an irrelevant standard
5. All journalists are arbiters of privacy and gatekeepers of information

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What you can make out of wet newspaper …

October 21, 2016 | By | Reply More

This is some rather amazing sculpture. Take a look.

rolled-newspaper-animal-sculptures-paper-trails-chie-hitotsuyama-11

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Waters of March – Video

October 15, 2016 | By | Reply More

I love this tune and this video.

The male singer is “Tom Jobim,” who is also the composer of that beautiful celebratory tune and many other classic bossa nova tunes, more often known in the U.S. as Antonio Carlos Jobim. I had never before heard him sing until I saw this video. The female singer, Elis Regina, melts me with her charm and voice. This must have been a tough tune and they seemed delighted to get this one in the can so beautifully intact. My girlfriend insists that there is no way to sing this song well without dancing while one is singing it. I agree.

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Matt Taibbi comments on the phenomenon of Trump

October 15, 2016 | By | Reply More

Matt Taibbi writes at Rolling Stone:

Shackled! Only in America can a man martyr himself on a cross of pussy.

There’s an old Slavic saying about corruption: One thief sits atop another thief, using a third thief for a whip. The campaign trail is similarly a stack of deceptions, with each implicit lie of the horse race driving the next.

Lie No. 1 is that there are only two political ideas in the world, Republican and Democrat. Lie No. 2 is that the parties are violent ideological opposites, and that during campaign season we can only speak about the areas where they differ (abortion, guns, etc.) and never the areas where there’s typically consensus (defense spending, surveillance, torture, trade, and so on). Lie No. 3, a corollary to No. 2, is that all problems are the fault of one party or the other, and never both. Assuming you watch the right channels, everything is always someone else’s fault. Lie No. 4, the reason America in campaign seasons looks like a place where everyone has great teeth and $1,000 haircuts, is that elections are about political personalities, not voters.

[More . . . ]

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The dark underbelly of competition

October 12, 2016 | By | Reply More

From Truthdig,

Societies worldwide are suffering epidemics of mental illness because “human beings, the ultrasocial mammals, whose brains are wired to respond to other people, are being peeled apart,” writes George Monbiot at The Guardian.

“Though our wellbeing is inextricably linked to the lives of others, everywhere we are told that we will prosper through competitive self-interest and extreme individualism.” The consequence? “[P]lagues of anxiety, stress, depression, social phobia, eating disorders, self-harm and loneliness.”

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Should Edward Snowden be pardoned?

September 15, 2016 | By | Reply More

Many viewpoints here, in this excellent article at the UK Guardian.

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Questions about moral equivalence by Chris Hedges

September 12, 2016 | By | Reply More

I do wish I could disagree with Chris Hedges, because the world view he paints brings me way down. Here are some of his questions, from a recent article at Truthdig called “Fooled Again”:

Is the Goldman Sachs commodity trader, who hoards futures of rice, wheat, corn, sugar and livestock to jack up prices on the global market, leaving poor people in Africa, Asia, the Middle East and Latin America to starve, any less morally repugnant than the drug trafficker? Are F-16 pilots who incinerate families in Raqqa morally distinct from jihadists who burn a captured Jordanian pilot in a cage? Is torture in one of our black sites or offshore penal colonies any less barbaric than torture at the hands of Islamic State? Are the decapitations of children by military drones any more defensible than decapitations of Egyptian laborers on a beach in Libya by self-described holy warriors? Is Heather Bresch, the CEO of Mylan, who raised the price of the lifesaving EpiPen by 400 percent or more and whose compensation since 2007 has risen by 600 percent to above $18 million a year, any less venal than a human trafficker who sends an overloaded boat and its occupants to their doom on the coast of Libya?

What is the endgame?

History has amply demonstrated where this will end up. The continued exploitation by an unchecked elite, and the rising levels of poverty and insecurity, will unleash a legitimate rage among the desperate. They will see through the lies and propaganda of the elites. They will demand retribution. They will turn to those who express the hatred they feel for the powerful and the institutions, now shams, that were designed to give them a voice. They will seek not reform but destruction of a system that has betrayed them.

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Odds of getting killed by armed toddlers, terrorists and falling out of bed

September 8, 2016 | By | 2 Replies More

Excellent compilation of various risks of death.

risks

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Conflicting copyright instructions from legal research company

September 6, 2016 | By | 1 Reply More

Thomson Reuters (formerly West Publishing) sent me a DVD with Missouri Jury Instructions today. The DVD comes with a document called “Forms on Disc Guide.” That document gives me the following advice:

Although you may access the forms directly from the disc, we recommend you create a directory on your hard drive and copy the contents of the disc into that directory. The forms can then be accessed from your hard drive and the disc can be kept with the book for safe keeping.

Sounds like good advice. But wait! The Copyright Notice, another document on the same DVD, contains this warning:

© 2016 Thomson Reuters. No claim to original U.S. Govt. works.
All rights reserved. The data on the disc is licensed by West, part of Thomson Reuters, and no part of the data may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise reproduced, stored, disseminated, transferred, or used in any form or by any means, including, but not limited to, use by multiple users on a wide-area network, local area network, intranet, or extranet, or similar method of distribution, without prior written permission. Any authorized reproduction of any part of the data must contain notice of copyright as follows: © 2016 Thomson Reuters. No claim to original U.S. Govt. works.

Therefore, Thomson is 1) telling me to copy its jury instruction forms onto my hard drive AND 2) telling me that if I have “copied” or “downloaded” this information on my “retrieval system” I would be in violation of copyright laws, unless I have first obtained “prior written permission” from Thomson Reuters.

This second warning is especially silly in that the whole purpose of having jury instruction “Forms” is to copy them as part of the process of using those forms to prepare jury instructions, and then “transmitting” those instructions to a court and other attorneys for use at trial.

All of this not carefully thought out by one of the world premier providers of legal products to lawyers.

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