A Postmodern Desi

New callsign.

2008-05-17T21:34:45Z

My vanity callsign application came through on Friday. I am now N6ILG.

Yes, it's really funny. But you gotta know the joke.

HAPPY BIRTHDAY mrrouter

2008-05-16T17:58:52Z

Ready for teh spankingz!!!!

More on the California constitutional amendment process.

2008-05-16T14:58:22Z

Unlike the United States Constitution, which is amended only though a very significant process, the California Constitution is amended with only a simple majority of the voters, the same as a statutory initiative. Once passed, neither can be undone by the Legislature.

So what's the difference? Well, Prop 22 was an initiative statute which could be undone by the state Supreme Court (since it could be found unconstitutional). An amendment would be more permanent: you can't find something in the constitution unconstitutional, essentially.

There is a difference in the required number of signatures between the two methods: 8% of the voters (based on the last gubernatorial election) must sign to get a proposed amendment on the ballot, and only 5% need to sign for a statutory initiative.

more from FindLaw. The article is from 2004 but goes over the relevant processes.

A republican-dominated court gives CA gays expansive protection.

2008-05-16T14:36:53Z

From the Los Angeles Times:

The majority opinion [PDF], by Chief Justice Ronald M. George, declared that any law that discriminates on the basis of sexual orientation will from this point on be constitutionally suspect in California in the same way as laws that discriminate by race or gender, making the state's high court the first in the nation to adopt such a stringent standard.

The decision was a bold surprise from a moderately conservative, Republican-dominated court that legal scholars have long dubbed "cautious," and experts said it was likely to influence other courts around the country.

The Court's task was not to determine whether (as a matter of policy) same-sex marriage was a "good" or "bad" thing, but whether it was constitutional. From the ruling, page 4:

Our task in this proceeding is not to decide whether we believe, as a matter of policy, that the officially recognized relationship of a same-sex couple should be designated a marriage rather than a domestic partnership, but instead only to determine whether the difference in official names of the relationships violates the California Constitution. (emphasis in original)

The California Constitution has a "right to marry" (Perez v. Sharp, 1948), and this Court based its ruling on that simple fact, noting that the state Constitution, and its fundamental guarantees on liberty:

As discussed below, upon review of the numerous California decisions that have examined the underlying bases and significance of the constitutional right to marry (and that illuminate why this right has been recognized as one of the basic, inalienable civil rights guaranteed to an individual by the California Constitution), we conclude that, under this state’s Constitution, the constitutionally based right to marry properly must be understood to encompass the core set of basic substantive legal rights and attributes traditionally associated with marriage that are so integral to an individual’s liberty and personal autonomy that they may not be eliminated
or abrogated by the Legislature or by the electorate through the statutory initiative process. These core substantive rights include, most fundamentally, the opportunity of an individual to establish — with the person with whom the individual has chosen to share his or her life — an officially recognized and protected family possessing mutual rights and responsibilities and entitled to the same respect and dignity accorded a union traditionally designated as marriage.

As past cases establish, the substantive right of two adults who share a loving relationship to join together to establish an officially recognized family of their own — and, if the couple chooses, to raise children within that family — constitutes a vitally important attribute of the fundamental interest in liberty and personal autonomy that the California Constitution secures to all persons for the benefit of both the individual and society. (emphasis in original)

This isn't "judicial activism" in the way that various groups have charged. The justices have looked at our (gigantic!) California Constitution, and determined that gays (or bisexuals, mactavish :-) ) are not second-class citizens, but are protected as much as any straight person.

As Alexander Hamilton wrote in Federalist Papers #78: "...whenever a particular statute contravenes the Constitution, it will be the duty of the judicial tribunals to adhere to the latter and disregard the former."

California's Supreme Court is highly influential on other States' courts. It will be interesting to see the ramifications moving forward...

Oh, and I suppose people will try and put the genie back in the bottle via the state Constitutional Amendment process. In fact, one is already on the ballot for November: "Only marriage between a man and a woman is valid or recognized in California." (that's the entire proposed amendment, btw) The process protections that allowed Massachusetts marriage laws to stand don't exist in California -- we LOVE amending our Constitution at the drop of a hat.

So if you believe that this ruling was a step forward, you need to be thinking really hard about how you are going to protect your gains come November. Are you ready to fight for this?

CA Supreme Court legalizes same-sex marriage.

2008-05-15T18:12:03Z

Wow.

A sharply divided California Supreme Court today legalized same-sex marriage, a historic ruling that will allow gay and lesbian couples across the state to wed as soon as next month and inflame the social, political and moral debate over gay unions.

In a 4-3 ruling written by Chief Justice Ronald George, the Supreme Court struck down California laws that restrict marriage to heterosexual couples, finding that it is unconstitutional to deprive gays and lesbians of the equal right to walk down the aisle with a marriage license in hand.

The California and Massachusetts Supreme Courts are now the only top courts in the country to uphold the right of gay couples to marry.

"The California Constitution properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples," the court observed in a 121-page decision.

Microsoft and Google: Compare & Contrast.

2008-05-13T22:44:29Z

Microsoft announced "World Wide Telescope" software today. Take a look at the installation information:

Steps to download WWT
 
     * Review the System Requirements to ensure that WWT can run on
      your computer.
    * Click Download.
      If you don't have Microsoft .NET Framework 2.0, or later,
      installed on your computer, a message box
      displays prompting you to install it. Click Yes to go to
      the .NET Framework 2.0 SDKs, Redistributables
       & Service Packs page.
     o On the .NET Framework 2.0 SDKs, Redistributables & Service
      Packs page, scroll down the page to the .NET Framework Version
      2.0 Redistributable Package section, and then click the link for
      your computer's architecture and operating system.
      Note  Most computers currently use a 32-bit architecture
      and operating system and should click the Download x86 version.
          o On the Microsoft .Net Framework Version 2.0
      Redistributable Package page, read the system requirements to
      ensure that your computer has all the necessary software
      installed, and then click Download.
          o In the File Download  Security Warning message box, click
      Run.
          o In the Internet Explorer  Security Warning message box,
      click Run.
          o Follow the software installation instructions.
          o After the software has been installed, click the Windows
      Update link to make sure that you have all the latest service
      packs and security updates. Click Express to review all
      recommended software and follow the software installation
      instructions.
    * In the File Download  Security Warning message box, click Run.
    * In the Internet Explorer  Security Warning message box, click
      Run.
    * Follow the instructions in the WorldWide Telescope Setup Wizard.
    * After WWT installs, double-click the WWT icon on your desktop to
      open WWT.

Or:

http://www.google.com/earth/sky/

  [Download Google Earth]

  Click the sky button for Google Earth

growl

2008-05-09T05:39:51Z

Catherine bought these two awesome LED-lit glass globes for my front yard when it was put in a few weeks ago. They were early birthday presents from her.

It looks like one of them was stolen sometime today.

Who is Lanny Davis

2008-05-07T02:31:29Z

...and why is he acting like a fool on TV?

Authors @ Google: Michael Pollan

2008-05-06T14:35:21Z

The author of "The Omnivore's Dilemma" and "In Defense of Food" spoke at Google a few days ago. I've seen a part of this talk, and I suspect it might be interesting for those of you who eat.

Googlers and Yahooligans! - I need a favor.

2008-05-05T17:27:01Z

If you have contacts at either Google, or Yahoo!:

Frequent readers of this LJ know what I do for a living. I need to find my counterparts in both companies, if such exist.

Please email me out-of-band.

Thanks

Yay, spring.

2008-05-03T03:54:35Z

birdie on feeder
Originally uploaded by densaer

I love the weather, I love my garden ... it really is the simple things.

Ping rfrench (or other pilot types)

2008-05-01T16:15:19Z

I remember from my training that at or below maneuvering speed (Va) meant that one could cause any abrupt control surface deflections without damaging the aircraft - the aircraft would stall before breaking.

How then to explain AA Flight 587? Overly aggressive use of the rudder (from one side full deflection to the other side full deflection) caused the rudder and tail fin to come off ... but I think most pilots prior to the accident would have said that such a maneuver would have been okay considering the speed of the aircraft.

Some GOOD news, for once.

2008-05-01T15:58:57Z

awesome, via rivka

Mission Accomplished Day.

2008-05-01T15:38:47Z

May 1, 2003:

President Bush declares Mission Accomplished on the deck of the USS Abraham Lincoln.

here's the running commentary from Free Republic on that day.

Suck it, liberals.

Back from Reno.

2008-05-01T15:33:37Z

Arrived in San Jose last night.

Yes, I did feel the shakes when I was in Reno. No, it really didn't bother me. The one I did feel was a 3.0

Still, a swarm of 356 quakes in one week around Reno is a very curious thing...

Hans.

2008-04-29T15:44:56Z

The murder trial of Hans Reiser (of ReiserFS fame) has been concluded, and he's been found guilty of first degree murder. This has been something of a celebrity trial for the SF Bay Area techie crowd.

I guess the "Geek Defense" (e.g. he's too smart and logical to understand that his "innocent" actions after Nina disappeared might make him look like he's covering up her murder) didn't work. Nor should it - I know plenty of geeky people who have varying degrees of sociability, but it's not like they're covering up for murder!

caffeine?

2008-04-29T08:02:08Z

It's possible that the decaf latte I ordered this evening at dessert was of the caffeinated variety.

This would explain why I'm wide awake at 0100.

However, I did get an email a few minutes ago from mrrouter that the amateur callsign N6ILG has become available, and I've used my insomnia to file the requisite FCC request to modify my license accordingly.

Going to Reno tomorrow...

2008-04-28T14:32:09Z

I've got a quick work-trip scheduled for tomorrow evening to head out to Reno, NV. I'll be there for less than 24 hrs.

Birthday!

2008-04-27T15:52:59Z

Happy Birthday guardian_tiger!

Flags of the founders.

2008-04-25T14:22:19Z

The HBO series "John Adams" has been running, and I've recorded all the episodes, and watched about half of them. One of the things I've come to find inspiring are the opening credits, in which a number of famous Revolutionary War flags are displayed.

I have become curious as to what the flags were used for, and who made them. It turns out that the "Join or Die" motto was created by Benjamin Franklin (the man did everything, didn't he?) The striped flag with the rattlesnake may be historically inaccurate - It's called the "First Navy Jack" and is currently the Jack flown by all US Navy warships since 2002 and during the duration of the War on Terrorism.

So yes, a montage on television had gotten me interested in all sorts of early American flags. Everyone needs a hobby, I guess, but I've found through the variation and types of flags, you can piece together some of the drama of those times.

Wanted: food analysis.

2008-04-25T06:27:12Z

Dear LJ friends/enemies/others:

I'm trying to find some thoughtful analysis on why it seems that the global food system is going haywire. Confluence of events? Is it the media? Something else?

If you've come across any really good analysis, please drop me a link.

Thanks.

Motorcycles.

2008-04-25T02:10:08Z

surlyone reminds us why it's important to get the right gear if you're going to ride a motorcycle.

I'm glad you're okay, man...

The Chinese attack against CNN as information warfare

2008-04-24T01:22:00Z

As I described a few days ago, Chinese activists attacked CNN.com, rendering it unusable for a few hours. Dancho Danchev has some good followup.

The DDoS attack against CNN.com, whether successful or not in terms of the perspective of complete knock-out, which didn't happen, is a perfect and perhaps the most recent example of a full scale people's information warfare in action. Utilizing the bandwidth of the over 200 million nationalism minded Chinese Internet users, can greatly outpace any botnet's capacity if coordinated, or though the use of automated DIY tools, like the ones we've seen released for the purpose of attacking CNN.com

Dancho references a "malicious culture of participation," where like-minded novice cyber-warriors incensed about $CAUSE can band together and create a DDoS that does not rely upon massive botnet arrays. It sounds very web 2.0, and I expect someone to put up a YouTube video of someone going "Leave CNN ALONE!"

There was a fundamental weakness in the CNN attack, though ... almost all the attackers were located in mainland China, so all CNN did to restore service was block incoming traffic from certain geographical regions ... blackholes are a really nice thing, y'know. While CNN did go down for a few hours, most security people I've talked to about the subject consider the attack to be a failure, but perhaps a portent of things to come...

EDIT: BBC has a good wrapup of things going on inside of China coinciding with the DDoS.

"History will not judge us kindly" - John Ashcroft

2008-04-23T23:04:40Z

A college student challenged Ashcroft on torture, last night at Knox College. It was a very heated q&a session with the former AG at a very liberal college, but I thought this snippet was worth reposting. Remember that a recent ABC story quoted Ashcroft attending high-level meetings about "enhanced interrogation" :

ME: First off, Mr. Ashcroft, I'd like to apologize for the rudeness of some of my fellow students. It was uncalled for--we can disagree civilly, we don't need that. (round of applause from the audience, and Ashcroft smiles) I have here in my hand two documents. One of them, you know, is the text of the United Nations Convention against Torture, which, point of interest, says nothing about "lasting physical damage"...

ASHCROFT: (interrupting) Do you have the Senate reservations to it?

ME: No, I don't. Do you happen to know what they are?

ASHCROFT: (angrily) I don't have them memorized, no. I don't have time to go around memorizing random legal facts. I just don't want these people in the audience to go away saying, "He was wrong, she had the proof right in her hand!" Because that's not true. It's a lie. If you don't have the reservations, you don't have anything. Now, if you want to bring them another time, we can talk, but...

ME: Actually, Mr. Ashcroft, my question was about this other document. (laughter and applause) This other document is a section from the judgment of the Tokyo War Tribunal. After WWII, the Tokyo Tribunal was basically the Nuremberg Trials for Japan. Many Japanese leaders were put on trial for war crimes and crimes against humanity, including torture. And among the tortures listed was the "water treatment," which we nowadays call waterboarding...

ASHCROFT: (interrupting) This is a speech, not a question. I don't mind, but it's not a question.

ME: It will be, sir, just give me a moment. The judgment describes this water treatment, and I quote, "the victim was bound or otherwise secured in a prone position; and water was forced through his mouth and nostrils into his lungs and stomach." One man, Yukio Asano, was sentenced to fifteen years hard labor by the allies for waterboarding American troops to obtain information. Since Yukio Asano was trying to get information to help defend his country--exactly what you, Mr. Ashcroft, say is acceptible for Americans to do--do you believe that his sentence was unjust? (boisterous applause and shouts of "Good question!")

ASHCROFT: (angrily) Now, listen here. You're comparing apples and oranges, apples and oranges. We don't do anything like what you described.

ME: I'm sorry, I was under the impression that we still use the method of putting a cloth over someone's face and pouring water down their throat...

ASHCROFT: (interrupting, red-faced, shouting) Pouring! Pouring! Did you hear what she said? "Putting a cloth over someone's face and pouring water on them." That's not what you said before! Read that again, what you said before!

ME: Sir, other reports of the time say...

ASHCROFT: (shouting) Read what you said before! (cries of "Answer her fucking question!" from the audience) Read it!

ME: (firmly) Mr. Ashcroft, please answer the question.

ASHCROFT: (shouting) Read it back!

ME: "The victim was bound or otherwise secured in a prone position; and water was forced through his mouth and nostrils into his lungs and stomach."

ASHCROFT: (shouting) You hear that? You hear it? "Forced!" If you can't tell the difference between forcing and pouring...does this college have an anatomy class? If you can't tell the difference between forcing and pouring...

ME: (firmly and loudly) Mr. Ashcroft, do you believe that Yukio Asano's sentence was unjust? Answer the question. (pause)

ASHCROFT: (more restrained) It's not a fair question; there's no comparison. Next question! (loud chorus of boos from the audience)

Sharks win game 7!

2008-04-23T07:05:46Z

Rad.