4 ms·

What's your take on the story?

by grzm 10y ago

JumpCrisscross 10y ago
It shows a hole in our rule of law. There's a case in front of SCOTUS, Hernández vs. Mesa, exploring the Constitutional protection of foreign nationals at the U.S. border [1]. In 2010, an unarmed fifteen-year-old Mexican boy was shot in the head by a U.S. Border Patrol agent. The boy was in a culvert jointly patrolled by the U.S. and Mexico, but officially, the agent was in the United States and the boy in Mexico. This more proximate story profiles a single U.S. Customers and Border Protection agent traversing the personal and sensitive data of a minority (by sexual orientation) citizen of a friendly nation. The agent wields sole and arbitrary power to detain, question, seize and arrest. And he does so with impunity. (Our government declined to prosecute Jesus Mesa, Jr., from Hernández vs. Mesa, despite him having made up claims of the victim throwing rocks at him, later disproven.) We're on Hacker News, so instead of depressed drivel I'll suggest a solution. We need legal insurance for the U.S. border crossing. Get extrajudicially harassed by a numpty? Your monthly fee covers a competent lawyer. (Maybe use the AirHelp model [2]--you only pay if they succeed.) We also need rapid data exfiltration and reintroduction techniques. Wiping my iPhone and Mac, traversing the border, and then hoping my Internet on the other side is fast (and secure) enough to reload my apps and data within a day isn't reasonable. [1] http://www.scotusblog.com/wp-content/uploads/2015/10/Cross-border-shooting-petition.pdf http://www.scotusblog.com/wp-content/uploads/2015/10/Cross-b... [2] https://www.airhelp.com/en/ https://www.airhelp.com/en/
- caf 10y ago
  What I don't understand in the Hernández case is why Mesa apparently hasn't been investigated/charged by the Mexican authorities?
  - mike_o 10y ago
    He has. The US refused to extradite him.
- deleted 10y ago
  [deleted]
- stuaxo 10y ago
  The monthly fee thing sounds a bit much for visitors. If there is a way to quickly get the data back on they can ask the password for that service or refuse you entry.
- dTal 10y ago
  So we pay numpties to harass people, and then pay lawyers to harass the numpties for doing their jobs? I'll give you credit, it's a very American solution.

What's your take on the story?

by grzm 10y ago

What's your take on the story?

It shows a hole in our rule of law. There's a case in front of SCOTUS, Hernández vs. Mesa, exploring the Constitutional protection of foreign nationals at the U.S. border [1]. In 2010, an unarmed fifteen-year-old Mexican boy was shot in the head by a U.S. Border Patrol agent. The boy was in a culvert jointly patrolled by the U.S. and Mexico, but officially, the agent was in the United States and the boy in Mexico. This more proximate story profiles a single U.S. Customers and Border Protection agent traversing the personal and sensitive data of a minority (by sexual orientation) citizen of a friendly nation. The agent wields sole and arbitrary power to detain, question, seize and arrest. And he does so with impunity. (Our government declined to prosecute Jesus Mesa, Jr., from Hernández vs. Mesa, despite him having made up claims of the victim throwing rocks at him, later disproven.) We're on Hacker News, so instead of depressed drivel I'll suggest a solution. We need legal insurance for the U.S. border crossing. Get extrajudicially harassed by a numpty? Your monthly fee covers a competent lawyer. (Maybe use the AirHelp model [2]--you only pay if they succeed.) We also need rapid data exfiltration and reintroduction techniques. Wiping my iPhone and Mac, traversing the border, and then hoping my Internet on the other side is fast (and secure) enough to reload my apps and data within a day isn't reasonable. [1] http://www.scotusblog.com/wp-content/uploads/2015/10/Cross-border-shooting-petition.pdf http://www.scotusblog.com/wp-content/uploads/2015/10/Cross-b... [2] https://www.airhelp.com/en/ https://www.airhelp.com/en/

caf 10y ago
What I don't understand in the Hernández case is why Mesa apparently hasn't been investigated/charged by the Mexican authorities?
- mike_o 10y ago
  He has. The US refused to extradite him.
deleted 10y ago
[deleted]
stuaxo 10y ago
The monthly fee thing sounds a bit much for visitors. If there is a way to quickly get the data back on they can ask the password for that service or refuse you entry.
dTal 10y ago
So we pay numpties to harass people, and then pay lawyers to harass the numpties for doing their jobs? I'll give you credit, it's a very American solution.