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Cake day: July 2nd, 2023

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  • Here in the USA, we have numerous substantive and procedural criticisms of the legal system, and while IANAL, the latter is of particular interest to me and is the domain of your questions. I will try to address each in turn, since they kinda build upon each other.

    Shouldn’t [providing a lawyer] be the default and not require the suspect/subject to actually ask for one?

    To get to the answer, we need to step back and examine what the exact obligation is. In the USA, the specific right in question is the individual’s right to choose legal counsel. That is, a person has the final authority as to who will represent and advise them in legal proceedings. This right isn’t unlimited though, and it doesn’t mean that they ought to be represented by a specific lawyer for free. But rather, the right means that no one else can make that decision on that person’s behalf.

    But in the Anglo-American formulation of what a right is, it is also an obligation upon everyone else. Specifically, the government is obligated to not interfere with a person’s free choice of lawyer. This was poignantly and recently examined by the federal court in DC, as it pertains to the executive’s attacks on the law firm Perkins Coie, where the federal judge ripped the government for interference with due process rights, from which the right to choice of lawyer comes from.

    But there’s a wrinkle with rights: if the liberty it affords is the ability to choose, how would choosing nothing be handled? That is, if a person wishes to not choose, how can they affirmatively decline to choose? There are – and it’s a foolhardy exercise – criminal defendants in the USA that plainly choose to represent themselves in court, not wanting a lawyer to aid them. The general rule for a “unilateral” right such as this one is that it is “optional”, where affirmative actions are needed to involve the right, otherwise the default is that the right isn’t invoked.

    And that sits fairly well in the breath of rights that civilians enjoy, such as the right to travel the public lands (eg walking or riding a bicycle on the street) to the First Amendment’s right to petition the government. After all, no one from the govt is phoning people up every day to ask “do you wish to unicycle on Main St today?” or “would you like to comment on the city budget next Tuesday?”. More clearly, those rights are fairly obvious when they wish to be used, or when they don’t wish to be used. (Though I grant you that the latter implicates a right to notification, but that’s a whole different matter)

    The system of rights gets even more complicated when someone holds two opposing rights. For example, in the USA, everyone has both the right to free speech, plus the right to silence. In that case, it absolutely forces the matter, because the absence of speech is very much a matter than can be criminalized. For example, failing to mention something relevant when under penalty of perjury. How this is handled gets complicated, and generally speaking, such actions or inactions have to clearly show intent to invoke (or not) the specific right. This is precisely why it’s important to say “I wish to invoke my right to silence and to an attorney” when arrested, because otherwise the government’s obligations are confused, since the rights are confused. That statement unquestionably clears up the situation for how the govt must behave.

    Basically, in order for the govt to meet its obligation not to interfere with someone’s choice of lawyer, it would not be proper if they proposed a lawyer by name to represent that person. Even just making such a proposal is coercive, since the govt holds most of the power and clout when in court. People unfamiliar with the legal system might just go along with it, unaware that the govt is there to prosecute them, not necessarily to aid them. Instead, in the current system, if the person voices their request for a lawyer, then that sets into motion the court’s apparatus for verifying their eligibility for a public lawyer from the Public Defender’s office – btw, these offices are woefully underfunded, so contact your representatives to fix this! – and then finding such a lawyer to represent the person.

    All of this stems from due process, and the “Miranda warning” is the practical implementation of due process. Since if someone doesn’t even know they have a right, it might as well not exist.

    I think the only question should be “do you have your own lawyer you like to use, or are you happy enough with the court-appointed one?”

    This is the obvious question, following notification that the right even exists. But again, if the appointed lawyer has already been selected and it’s only a trinary choice - your own lawyer, this specific public defender, or no one – then that’s still somewhat coercive. It precludes the possibility of having a different public defense lawyer, of which the existing process already handles.

    When I say that the public defender’s office finds a lawyer to represent someone, they do so while mindful that not every lawyer can represent every client. After all, Greenpeace wouldn’t want a lawyer that’s also currently working a case for Chevron, the oil giant. Conflicts of interest may arise, as well as any other scenario that would make said lawyer less effective at their job: zealously advocating for their client.

    But again, this isn’t an unlimited right of the person, so a case cannot be delayed indefinitely because the client doesn’t like any of the public defender lawyers. But a case can absolutely be parked due to no available public lawyers, though if this happens, courts typically have other avenues to clean the logjam but without infringing on civil rights.

    Has there ever been any attempt to make that the norm in any countries?

    I’m only vaguely familiar with Anglosphere jurisdictions, and haven’t come across a system that improves on this situation. Though quite frankly, if it’s going to happen, it should be tried at the state level in the USA, where there’s the most room and latitude for improvement.

    I’m not even sure opting out should be allowed, but I’m open to hearing reasons why that would be a bad system

    The coercion issue from earlier can be turned to 11, if the govt is operating in bad faith. Imagine, for example, that the govt charges someone with bogus accusations, then bribes a corrupt lawyer from out-of-state to come represent the defendant against their will, who will then “throw” the case and land the defendant in prison. There are a lot of norms and procedures that would have to be violated to do this, but that’s kinda the point: defense in depth is equally applicable to computer security as it is to civil rights.

    An institution that assumes good faith govt will be hard pressed to deal with a govt that acts in bad faith. I make no excuses for the numerous American federal and state-level judicial fails, but when it comes to institutions that will uphold civil rights, individual liberty with regards to accessing the legal system is crucial.


  • Answering the titular question, I personally don’t find it weird that someone might avoid certain types of aircraft, in the same way that some people strongly prefer certain aircraft. For example, the big windows and the more-comfortable pressurization of the Boeing 787 is appealing for some. But alternatively, some might prefer the modern Canadian design of the Airbus A220.

    Objectively speaking, though, propeller planes is a very wide category, and I’m curious which specific aspect you want to avoid. Piston-powered propeller craft are basically non-existent in commercial passenger airline service, with the exception of small “puddle jumper”, 15-seat air taxi services. Such airplanes tend to be loud and also use leaded gasoline – hilariously still called “low lead” despite apparently having more lead additive than what motor gasoline had in the 1980s.

    Then there are turbo prop aircraft, like the ATR-72, which are basically a propeller taking power off of a jet engine core. No lead here, and noise is slightly less bothersome due to continuous jet combustion, but the sound of the propeller remains. Though this is offset by the lower cruise speeds, so less “wind noise”.

    If perhaps the concern is about propeller failures, bear in mind that commercial passenger aviation is exceptionally safe, across all aircraft types. The propulsion method is small-fries compared to the backend support and logistics of an airliner and ATC, plus having two pilots, and all manner of other things which blend into the background but are essential for safety. Pretty much only the elevator would be safer than air travel, even accounting for some rather unfortunate recent incidents here in USA airspace.

    That said, I would be remiss if I didn’t mention that propeller and jet fan failures have had fatalities in living memory, with a notable event being the blade ejection of a Southwest Boeing 737 that pierced the fuselage and partially ejected a passenger.

    Overall, I personally have zero qualms about commercial passenger propeller aircraft, and up until the Boeing 737 MAX fiasco, most people did not care at all which type of airplane they were boarding. Since that event, booking websites added filters to allow excluding specific types of aircraft by model. But I’ve not seen one which excludes by propulsion type.


  • litchralee@sh.itjust.workstoSelfhosted@lemmy.worldWifi Portal
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    12 days ago

    But how do they connect to your network in order to access this web app? If the WiFi network credentials are needed to access the network that has the QR code for the network credentials, this sounds like a Catch 22.

    Also, is a QR code useful if the web app is opened on the very phone needing the credentials? Perhaps other phones are different, but my smartphone is unable to scan a QR code that is on the display.



  • Setting aside whether such seats are actively hazardous to passengers for anything more than a short-haul flight – they almost certainly are – we can fairly easily rule out the possibility based solely on one of the more important airline test criteria: evacuation time.

    For all commercial passenger airliners, the primary limiting factor for economy seating is how to get everyone out of the airplane in an emergency situation within the stipulated time, in ideal circumstances. In the USA, that time is 90 seconds, based on research that the inferno post-crash due to ruptured fuel tanks would only allow the plane to remain intact for about two minutes. Front that article, the largest passenger jet in the world – the Airbus A380 – could evacuate 873 people through 16 doors on two dual-aisle decks. A typical short-haul, single-aisle Boeing 737 has only six doors and carries a maximum of 230 passengers with the still-being-certified 737 MAX 10 variant.

    The benefit of having more doors and more aisles must not be understated, but even then, another limiting factor is takeoff weight. Using the 737 MAX 10 as an example, the difference between its empty weight and takeoff weight is some 40,000 pounds. But 230 people already accounts for around 20,000 pounds, so the aircraft already cannot be fully loaded with its full 44,000 pound fuel capacity. Packing more people into this aircraft would steal even more capacity and leaving the aircraft unable to support transcontinental USA flights.

    But supposing that was overcome, and flights with so-called standing seats were only about 2 hours long or so, the problem would then be with seat durability during a crash scenario. Jet airlines seats are designed to absorb energy, since excessive G-forces would kill a human well before any fire might get to them. A seat which relies on human legs for vertical support would be unable to adequately absorb downward forces from a hard touchdown, nor from forces from hitting an obstacle or being rammed from behind. These two directions are what humans are best able to cope with, and a standing seat steals these benefits away.

    Thus, a seat that complies with energy absorption requirements would be at least as thick as existing seatbacks, and would probably be thicker or heavier, further reducing available payload.

    The only conceivable cabin configuration would be one where economy class uses so-called standing seats, in order to free up room ahead for business or first-class seats, staying within the existing seat limits for existing aircraft. However, the time to board such an aircraft would be noticeably slower than with a conventional seat aircraft, so at some point, such an airliner would need to consider whether a stopped aircraft loading passengers is better value than an aircraft which can be quickly turned around for another flight segment. The savings of even 10 minutes per flight can make the difference between a low-cost carrier being profitable or carrying losses every year.

    All of these factors point to a technical inability to squeeze more passengers into less space. And remember that there’s no free lunch: a “standing” passenger frees up space between rows, but requires more height at each seat. At least from my experience, one cannot stand up in a conventional seat, without hitting the ceiling. How would a typical 5 ft 9 in (175 cm) American be able to use a “standing” seat safely?

    It would also eliminate under-seat bags to anything except maybe a clutch handbag, and then the quandary of where the extra people’s carry-on luggage would go. For wide body jets, it would actually be more reasonable to create an additional deck by repurposing the cargo hold, but such provisions are akin to building a new aircraft variant outright. Nevermind that passenger aircraft actually make a decent amount of revenue from cargo/freight carriage.

    I personally discount the possibility of “standing” seats deployed on existing and proposed aircraft, so it would be at least 10-20 years before we even see such a thing for future revenue passenger aircraft.



  • If water vapor was the only thing airborne, then this would be mostly plausible. But the reality in any typical environment is for small particles of dust, soot, microplastics, VOCs, etc to be in the air, in addition to the usual suspects of oxygen, nitrogen, carbon dioxide, etc. Some of those will increase the conductance of water, when condensed upon a cool surface. Think of water vapor as a lint filter that floats around the room until it lands on something.

    But even in a hermetically sealed environment with only the typical atmospheric mix of oxygen and nitrogen and other trace elemental gases, and then water vapor, there’s still a problem. Air has a conductivity – measured in Siemens, the inverted unit of Ohms which is resistance – of 3-8 x 10^-15, meaning it will not conduct much at all. But compared to condensation upon a PCB in this sealed environment, DI water has a conductance of 5.5 x 10^-6. That is 1,000,000,000x times more conductive, although it’s still a tiny amount.

    The reality is that all circuits and electronics leak small currents here and there, even through the air or through their PCB substrates. But the sum total of these leakage and creepage currents will be negligible in all but high-voltage circuits. Though that’s only under the rated environmental conditions.

    When air is fully saturated at 100% humidity, some of those currents become noticeable. And for high-voltage switchgear, it can become an issue very quickly. But outright water on most circuits would be disastrous due to arcing or shorting or both, even for low voltage things.