Archive for : April, 2014

Sunday school weirdness.

The person who normally picks me up for church, (who happens to also be the Children’s pastor,) was gone this weekend, and I had to have someone else pick me up. Our Sunday school teacher, (the main one,) was late this morning, and he’s the one that has the key to the classroom, (besides the children’s pastor.) I had to wait with the person that picked me up in her class, (because she’s also a Sunday school teacher.) He got there just as the lesson was supposed to start, (well, just before that anyway.) We’re having a test next week, I’m not sure what we’ll be doing after this.

Thoughts on last week’s ruling.

I’ll tried to make this brief, (although I’m not sure it will be.) First, we have to explain why there’s waiver involved. The Fourth Circuit decided that the court ruled Lavabit’s arguments were waived because they raised some arguments on appeal that it didn’t raise during the overly fast district court case. It didn’t matter that there were Pro Se pleadings involved here. They forfeited their arguments by failing to raise an objection to the pen register order, during the district court hearings.
The document possessed a lot of good 140 character phrases. One of them was “an appellate court is not a
freestanding open forum for the discussion of esoteric
hypothetical questions” So, one of those questions would be does the government have the right to issue a subpoena and search warrant for encryption keys? Another one of the idiotic phrases in the document was: “we decline to hear Lavabit’s new arguments merely because Lavabit believes them to be important.” Earlier in the document, this was written: “Finally, Lavabit proposes that we hear its challenge to the
pen trap Order because Lavabit views the case as a matter of
“immense public concern. If the case wasn’t important or of any public concern, you wouldn’t have the EFF and the ACLU filing amici curiae briefs, (which are friend of the court briefs.) There is one more interesting little phrase that I thought was just well…um… I don’t want to put this in here without context, so the full quote is: (“We long have recognized that, despite our expansive
consideration of the pleadings of pro se litigants, …
appellate courts should not permit … fleeting references to
preserve questions on appeal.”). Neither this Court nor the
Supreme Court has ever “suggested that procedural rules in
ordinary civil litigation should be interpreted so as to excuse
mistakes by those who proceed without counsel.” “Especially given Lavabit’s on-again-off-again relationship with various legal counsel, no reason exists to do so here.” I can think of at least a couple ways to rephrase that so it doesn’t sound like we’re talking about my last caregiver and her on-again-off-again boyfriend, instead of a legal case. I mean seriously… who writes the phrase on-again-off-again relationship in a legal document, or any formal document whatsoever, and I would expect a better turn of phrase from an appeals court judge.
The court also said the following regarding the Pro Se proceedings: “Nor does it matter that Lavabit and Levison were
unrepresented by counsel during parts of the proceedings below. As a limited liability company, Lavabit likely should not have been permitted to proceed pro se at all. “It has been the law for the better part of two centuries, for example, that corporation may appear in the federal courts only through licensed counsel. As the courts have recognized, the rationale for that rule applies equally to all artificial entities. Thus, save in a few aberrant cases, the lower courts have uniformly held that 28 U.S.C. § 1654, providing that ‘parties may plead and conduct their own cases personally or by counsel,’ does not allow corporations, partnerships, or associations to appear in federal court otherwise than through a licensed attorney.” OK then, so if this is actually the case, then why didn’t the judge immediately stop the hearing and say wait a second, something’s wrong here, you aren’t allowed to proceed Pro se?

The events of the past couple days.

Well, mostly yesterday, because yesterday was a complete and absolute failure of a day. When my Twitter client started up yesterday morning, I found an exponential number of results in the Lavabit search, OK so 19 results at once isn’t a lot, but that doesn’t happen on a regular basis. I very quickly realized that there was a ruling in the case, and the results were not good. Lavabit lost the appeal on procedural grounds. I intend to write a post on exactly which procedural grounds, (but it had to do with waiver and forfeiture.) I was looking at the tweets, but I knew I needed to read the ruling itself, yeah… let’s just say it was 41 pages of well… I called it blather yesterday. OK OK so they do a pretty good job of describing encryption, but after that, it takes a massive slide downhill.
A while after that, y caregiver tries to use the call box and gets hung up on by the neighbor, (again.) Yeah, I’m not sure what this guy’s issue is, he let someone in from my church last Sunday. e always hangs up on Melissa though, and I have no idea why. We also had absolute failures at making quiche, we managed to fix that today though. It seemed to work fine, and the inside got done„ (which it didn’t do yesterday.)
Last night I called mom, who promptly flipped out on me for calling her at work. She then told me that my sister would be coming to pick me up around 6:30. I was like, “today?” I thought she was talking about Easter Sunday, because I’m going with my sister to her boyfriend’s parents house, (because my parents are going to be out of town.) She said yeah, she was talking about today, (this being yesterday, of course,) that we had relatives coming, and that we were going to dinner. She never told me this, even though she knew last week, and I’ve talked to her on the phone 2 or 3 times since then. Then I wake up in the middle of the night with stomach issues, not feeling well at all. That’s gone away now, and I’m left with a really bad headache, but for a while this morning I was sick.

First full day with Chicken Nugget.

Yesterday was my first full day with Chicken Nugget. I actually really do like it. I did find an issue though, (I think.) Chicken Nugget has a feature where you can use Twishort to post tweets longer than 140 characters. You can expand the tweet text of these long tweets with just a keystroke, which is the same keystroke you use to open links, (but instead of opening these long tweets as a link, it brings them up in a text field.) The issue happens when trying to comment on retweets that are more than 140 characters already, and you check the “post more than 140 characters” checkbox. When you do this, and try to make a comment on a retweet, the Twitter API returns an error saying that the status is over 140 characters. The tweet doesn’t get posted, even though it should, because it should be using Twishort to post it, like it does with a regular long tweet that’s more than 140 characters.

Testing Chicken Nugget.

I’m testing a new Twitter client called Chicken Nugget. It’s an accessible Twitter client from AccessibleApps. I like the client so far, for a while, I used to use a client called Tween, Tween had a GUI, like chicken nugget does, (the client I’ve used up until today, called the Qube doesn’t have one, it’s text only.) The problem with Tween was, it didn’t archive tweets, tthis client not only archives tweets, but will allow for infinite timeline storage. It has a feature that allows you to search through the timelines, so if you found a link, but you can’t remember who tweeted it and you need to go back to retrieve it, you can search through the timelines to find it. I think I’ll probably use that feature a time or 2!

My doctor’s appointment.

My Doctor’s appointment went well today. We actually had to wait a while, and I was starting to get worried, because I thought my caregiver might go over her hours. One of the problems we have, is that my specialist’s office doesn’t send records to his office, so I told him that he’d have to take it up with them, because the last couple times, I’ve had to call and ask them to send records. I also told him that my specialist ordered a bone density scan, and that it was denied by my ensurance. I went through the appeals process, and it was denied because of “lack of documentation of medical appropriateness.” He said since I have certain things that put me at greater risk for fracture, he would write for one, and that if it got denied, I should appeal it again. If it got denied again, I should ask for a hearing, and ask them to explain why, after 2 doctors have recommended it, have they denied it. During the appointment, we got to talking about the reading I do, and he asked me what legal case I was following. I didn’t want to explain the Lavabit case to him at first, because it’s usually a long story, but I explained it with the shortest summary possible. We got to talking about HIPA and encryption for a while after,

Doctor’s appointment tomorrow.

I have an appointment with my primary care doctor tomorrow. This is one of those appointments that’s been scheduled for like 6 months now, so it’s a follow-up. The doctor ordered lab tests for this appointment, (I’m not sure why,) so I had them done a couple weeks ago. By the way, (and I don’t use this,) but today is the very last day of support for Windows XP! I used to use Windows XP back in 2009, before the system I was using failed, and I had to transfer to my Vista laptop. I got my Windows 7 system in 2010, and I haven’t used anything other than that since then. I tried to use Windows 8 while I was in Vegas, and I had my NVDA install stop working.

Happy birthday to my niece Aniah!

Aniah turned 2 today! We had her birthday party at a local pizza place. I ended up getting her a slide for her birthday, and when my caregiver rapped it, it took 2 roles of rapping paper, because the package was so big! Why they had to put it in such a big package, I have no idea. I thought my sister was going to have to help her open it, because I was afraid she wasn’t going to get all the paper off, but she was able to open it.

Happy birthday to Mark!

Today’s my friend Mark’s birthday! Yeah, his birthday is a day after April fools day. We have this tradition where we send songs to each other on our birthdays, instead of sending cards, (because I don’t like cards, and songs are more fun.) Last year, I was supposed to send one, but I had just started having massive system issues, (this was way before I knew it was hard drive failure,) and it started a couple hours after we got off Skype. This year though, I was able to send a song!