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January 2018
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After Basically No Debate, And No Opportunity For Amendments, Senate Votes To Expand NSA Surveillance

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As was unfortunately expected, after a very short (and fairly stupid) debate that was full of misleading statements that focused more on "but... but... terrorism!" than anything substantive, the Senate has voted for cloture on the same bill the House approved last week that extends and expands the NSA's 702 surveillance program, opening it up to widespread abuse and refusing to do simple things like adding in a warrant requirement when used to spy on Americans. The vote was actually surprisingly close -- going right down to the wire. They needed 60 votes to get this bill over the top and they almost didn't get them. The final vote was 60 to 39 with the final vote (well over an hour after the vote starting) coming from Senator Claire McCaskill in favor of warrantless spying on Americans.This is not all that surprising, even if it's disappointing. It follows the pattern that we've seen with surveillance programs over the past decade. Whenever they are up for renewal, Congress refuses to debate or discuss serious reforms until there's like a week left... and then they have a simplistic and rushed debate that basically consists of the hawks freaking out about how we're all going to die if the NSA can't keep spying on people, and civil liberty defenders pointing to the 4th Amendment, only to have the surveillance state supporters push back that the NSA protects us and is full of good people and how dare you question their good nature by insisting on petty little things like "warrants" as required by the Constitution.The cloture vote is not technically the final vote. It just shuts down debate and blocks the ability to raise any amendments. There will be a final vote soon, but the cloture vote is, effectively, the important vote here, and having voted for cloture the bill will pass -- and despite President Trump's confusion last week, he will sign the bill, and the NSA will get to turn back on its "about" surveillance capabilities it had been forced into shutting down last year, and the FBI will continue to get full, warrantless access to the "backdoor" or "incidental" collections of the communications of many, many Americans without a warrant and without anything approaching probable cause.While this was expected to turn out this way, it's still bad. It's our Senate (and the House and the White House) purposely spitting on the 4th Amendment of the Constitution to appease the NSA and the FBI. And, as with last week, it's especially incredible to see a number of Senators who have spoken out against Donald Trump -- including Senators Jeff Flake and Dianne Feinstein -- then turn around and vote for this. Last week, Flake compared Trump to Stalin. And just days later he votes to give that same Trump vast surveillance powers over Americans. Incredible. Meanwhile, Trump has been attacking Claire McCaskill left and right as she's up for re-election... and she repays that by giving him more surviellance power and selling out the American public. Missouri voters should remember that.

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posted at: 12:00am on 17-Jan-2018
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Shipyard Brewing Sues The Brewery It Is Trademark Bullying Over The Public Backlash To Its Trademark Bullying

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You may recall that the middle of last summer saw us reporting on a somewhat odd trademark dispute between two breweries, Shipyard Brewing Co. and Logboat Brewing Company. Chiefly at issue was the fact that both breweries used images of schooners on their respective labels, except that the images used were laughably different. Also at issue was that Logboat's "Shiphead" beer used the word "head", which Shipyard says it uses in a variety of other beers, such as Pumpkinhead, Melonhead and other variations. Shipyard, notably, does not have a beer called "Shiphead", making this all the more eyebrow-raising.Well, after we and others reported on this silly lawsuit, it seems that many within the craft beer fanship and community, a passionate group to be sure, felt a desire to let Shipyard Brewing know what they thought of this behavior. This is a common result when passionate fanbases get wind of bad actions taken within an industry. Despite that, Shipyard had apparently decided that all of this backlash was the fault of Logboat Brewing, and added a defamation charge to its lawsuit.

The Maine craft brewery’s complaint alleged that the hundreds of one-star reviews as well as negative news articles were prompted by Logboat employees, who made defamatory statements concerning Shipyard to the public “as retribution for Shipyard filing suit.” The brewery listed three examples of statements it considered to be defamatory:-Suggestions that Shipyard is pursuing the trademark lawsuit for ulterior motives-Unsubstantiated claims that Shipyard is a trademark bully-General insults concerning Shipyard’s business and the quality of its beers
Well, the judge presiding over all of this has issued a ruling on that portion of this dispute, roundly rejecting the latter two of those three claims by Shipyard because they are matters or expressions of opinion. She went on to say that the claim of ulterior motive is something that could be proved in court and allowed Shipyard to amend its filing accordingly.
U.S. District Court Judge Nanette Laughrey dismissed parts of a defamation claim against Logboat that alleged the craft brewery’s employees slandered Maine-based Shipyard Brewing Company in retaliation for a lawsuit filed in May.
It's not a good first look for Shipyard and it's worth remembering that all of this consternation is in the service of a trademark lawsuit that is wholly unnecessary and one that is almost certainly itself tarnishing the reputation of the brewery in the eyes of the craft beer consuming public. It's probably time for Shipyard to cut both anchor and its losses.

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posted at: 12:00am on 17-Jan-2018
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