Posted 10:05 AM (0) comments

R.I.P.

It's with a touch of sadness that I just learned of the death of Pete McCarthy, writer and radio personality in London. And, perhaps, distant relative through my grandmother, Katherine Evangeline McCarthy.

His books, "McCarthy's Bar" ("never pass by a bar that has your name") and "The Road to McCarthy" highlight the trials and tribulations of the Irish diaspora - albeit, with a tongue that's been loosened by "drink". Not many writers can cause me to laugh out loud on a consistent basis, and Pete McCarthy was right at the top of the list (well, sharing first place with Dave Barry).

Read the books when you have the opportunity and have a drink in McCarthy's memory.

Of all the money ere I had, I spent it in good company
And all the harm I've ever done, alas was done to none but me
and all I've done for want of wit, to memory now I can't recall
so fill me to the parting glass, goodnight and joy be with you all.

Of all the comrades ere I had, they're sorry for my going away
and all the sweethearts ere I had , they wish me one more day to stay
but since it falls unto my lot that I should go and you should not
I'll gently rise and softly call, goodnight and joy be with you all.

Posted 10:16 AM (1) comments

Microsoft and the fifth amendment

The Register has a long article (at least it's long by "El Reg" standards) called "How key Microsoft legal emails 'autodestruct' " which is based, in part, on another piece by R. X. Cringely all of which go into extraordinary detail purporting to show that Microsoft disposed of potentially incriminating emails in not only the suite filed by Burst, but also when facing the Department of Justice's anti-trust action.

The constitutional aspects of all this trouble me.

If I am charged with a crime, I cannot be forced to testify against myself. If I am the defendant in a civil suit, I cannot be compelled to give evidence favoring the plaintiff. Documents totally under my control, not shared with anyone else cannot be used against me, either. A corporation is a "person" before the law. The rights of that corporate person should be no less than those afforded each individual. Fishing expeditions for wholly internal memoranda, documents and emails should be thrown out summarily on constitutional grounds. There are simply no concerns which can override a constitutional protection.

Too many lawyers (and that includes, especially, district attorneys and attorneys-general) prefer convicting a person with their own words - no matter how obtained. It's a lot easier (and surer) than having to actually uncover evidence and witnesses. But simply because it is easier - and simply because it's "in a good cause" - is no excuse for running roughshod over the constitution.