No, of course we don't believe they would have written it that way today. But neither you nor me nor anyone else gets to make up what we think they'd have said. They didn't say it. They're dead. They can't change what the law says. But, guess what? We can.
The law as written provides the rules of the game. Nobody should get to cheat, not the government, not a citizen, not a business, just because someone can plausibly argue that if the law were rewritten today it'd be written differently.
If the claim is true that the law would be and should be written differently today, then: Rewrite. The. Law.
If you don't have enough public support for that, then you have no business imposing your view on your fellow citizens. If you do have enough public support, but Congress is being dysfunctional (this is usually the case today), then communicate with your congresspeople and/or try vote them out, and persuade your fellow citizens to do the same. Don't cheat at the game. Play it.
Now, to be fair, those polls aren't asking people about location data specifically. I'm open to seeing specific polling on this issue. But based on the lack of any political will to do anything about TSA, my suspicion is that "regular citizens" are okay with the police using location data to catch bank robbers.
So maybe your "the game is rigged" point cuts the other way. It's rigging the game when fancy lawyers make complicated arguments about what James Madison would have thought about geofencing, in an effort to impose shackles on the police "regular citizens" never voted for.
The US has an enormous land area and the cost of living varies dramatically across it. Intense pockets develop where the high paying jobs are, and everyone wants to cram in there to compete for those jobs, and then they're competing for the housing there, so the prices skyrocket, so the jobs have to pay higher still. Wealthy as the average person may be, the poverty slope is very steep in such places. The SF / Bay Area is the paradigmatic example of this. But when COVID hit, the main attractor of the Bay Area vanished overnight: you didn't have to live there to work those jobs. There was a mass exodus to cheaper places. Texas was at the top of the list of destinations. Austin, though decidedly not the rest of Texas, has a similar culture to SF and so was a natural and comfortable landing spot. So the pressure relief valve on SF is a source of pressure on Austin. But Austin was already suffering growing pains before COVID.
But, all that said, its probably not wise to generalize an experience about Austin to an idea about the US as a whole. At best, you might generalize it to ideas about large US cities.
Then why did houses used to be affordable even in those dense regions with high paying jobs? People act as though housing has always been prohibitively expensive in city centers but it hasn't. My dad bought a house in Boulder, CO of all places easily in the 90s. And of course he made a killing off of it because the housing market went completely insane over the next two decades. I now make more money than he ever did and can't even dream of buying the same house.
> More demand for a fixed set of land drives prices up.
This works because both you and GP specified "[free-standing] house". This is not true of homes, where multiple homes can occupy the same land - just 15 feet higher or lower
Perhaps someday more American cities will discover the third dimension, allowing for cheaper housing
Don't get me wrong, there is a place for units/apartments, especially in the face of homelessness. But no one dreams of owning an apartment as opposed to a free-standing house.
Gonna buy me a condo
Gonna buy me a Cuisinart
Get a wall-to-wall carpeting
Get a wallet full o' credit cards
I'm gonna buy me a condo, never have to mow the lawn
I'm gonna get me da T-shirt wit' the alligator on
Why would you want to live in a free-standing house instead of a nice apartment given the choice? There are pros and cons sure, but unless you can hire someone to do all the house things I don't see it being a clear win.
Mate, I am well aware of the struggle, I am living it too.
But we're talking dreams here. Imagination. Do people really feel the need to be frugal with their imagination of what they desire?
Do people really think "Gosh, what I could do with a billion dollars.... no wait, I need to conserve my brain energy, my imagination is getting too expensive, better make that tree fiddy." ?
I think you're focusing on the wrong thing and missing the point. Housing supplies have not significantly increased with population growth (demand) in decades--thus the price equilibrium has moved up. I don't care if you build up or out and neither does the law of supply and demand. The left gets all hung up on 'the right kind of housing' and doesn't realize they're part of the problem--making it harder to build housing (of any kind) is pushing housing costs up.
Because the regulations, set by those with vested interest in real estate, make it difficult to build more housing. Otherwise anyone with any sense would undercut the existing housing stock and turn a 100k investment in concrete and timber into a million dollar home in Boulder, CO.
Not exactly rocket science - if there's money to be made and people aren't making it then something is stopping them.
It's a generational narrative here as well: while it gets applied to X, Y, or Z generations in turn and depending on the context - I think it started with X's - but the gist of it is that young generations couldn't afford the house they themselves grow up in. Even if their parents were basic blue collar families and the new generation are well educated. There's too much truth in that as people look back in the preceding decades.
This wasn't some kind of mansion. It was a 1300 square foot house. I guess I'm aiming too high then while making 4x his salary? And people have been whining about this same problem for decades so nothing to be done about it?
Supply and demand. Among many other changes, the demographics of the typical Boulder resident changed significantly - originally nature lovers and hippies for whom earning money was not a primary motivation - post-2000 shifted to educated, highly-compensated desk workers who can bid up prices. And lots more people in total seeking to live in a small area, which also lifts prices significantly.
America is new. Even in the 90s boulder was largely empty, competition for land was low, so land was cheap. As people spread to newer cities and gained wealth they bid up the price on land.
>It always felt about as dense to me as it did back then.
This is why its so expensive. Demand for housing has increased but supply has not. The government refusing to allow densification in the face of increased demand means prices skyrocket
Still plenty of cheap land in CO, but they made drilling a well a nightmare in many cases. So people wanting to use cheap land either have to haul water or do some kind of low-key wildcat drilling.
I'm not sure this is really true anymore and it ignores the reality on the ground of "cheap areas". Often times cheap areas are underserved in a way that once you require or depend on a service that is baked into other higher cost of living areas your life becomes much more expensive than if you'd simply lived in a high cost of living area. There are many examples of this but hospitals in rural areas are one of my favorite examples. There used to be many of these but many people didn't realize they were all (or mostly) subsidized capital ventures. Many of them are closing now that the subsidy has ended. So, is that county land cheap? Yes, but when you have an incident where time matters your likelihood of being cooked goes up precipitously.
> But, all that said, its probably not wise to generalize an experience about Austin to an idea about the US as a whole. At best, you might generalize it to ideas about large US cities.
I'm sceptical that not generalizing will be the smart move. The world is more and more connected these days. A person in Rural Town A and a person in Urban Area B and a person in Whole Other Side of Planet C all have access to many of the same goods and services, and almost all the same information as each other. Price and supply information and news from areas are all available instantly in contexts far removed from where they originated, and are having ripple-effects in areas beyond where they'd be logically applicable because communication is so cheap and low-friction. I think we need to generalize more, because those who set prices are definitely going to be generalizing and trying to pull prices towards the highest possible profit margin. Only commodities get supply-and-demand price cuts. Everything else gets inflation for any valid reason and deflation for no valid reasons.
You still don't expect people to go hungry in a first world developed country. Nor did people go hungry or homeless at this scale before in recent American, British or even broadly Western history. Yet here we are, and the UK is no exception either.
At least you can be guaranteed for certain you won't be going hungry in Istanbul, Warsaw or Amman.
I disagree with the claim that a greater proportion of people go hungry, and more are homeless, today than at any point in recent western history. These have broadly been on a downwards trend over the last century.
Of course many do struggle, and that should not be dismissed by pointing to the past. But it nonetheless strikes me as naive to believe that people today are hungrier than at any point in recent history - the obesity crisis, and its lack of discrimination between social classes, should at least in part demonstrate this.
In my opinion, such exaggerations mostly serve to discredit and distract from legitimate complaints about the cost of living today.
Recent Western history, 70s to early 00s. I doubt many people were going hungry in the US and UK back then, as much as they are now.
The obesity crisis is in part because of the unavailability of nutritious food and the proliferation of cheap junk masquerading as food. But even that is getting expensive these days. Actual food prices have been going on an uptick since the 00s.
I will make my stand on the fact that more people lived better during the 90s in the West than now.
A good sokoban should not be busy-work. Well designed puzzles should be pithy and not require a lot of running around. The distance between discovering the solution and executing it should be very short.
Copy, certainly not. But Blow was an enthusiastic promoter of the game when it came out and held it out as a standard of excellence in puzzle game design.
Writing an extemporaneous essay from start to finish in one draft on the spot is a skill that students were expected to develop in my educational experience in the US less than 15 years ago or so. If that's vanished, I'd be glad to see it come back.
> Writing an extemporaneous essay from start to finish in one draft
Every English class I had in high school focused so strongly on how important revision was, or at a minimum having an outline to work from. While AP tests expected us to dash off essays by hand in a single go I empathize with OP around how useful a tool revision is.
Exactly. People often forget that Congress can only exercise a limited domain of enumerated powers. The big one is regulating Interstate Commerce, which is already huge because of how interconnected the country is today, and is even bigger because of creative stretching of its reach (did you know that the Civil Right's Act's ban on discrimination by businesses is within Congress's Interstate Commerce power, because somebody might patronize your business from out of state?).
Anyway, I suspect Bob Hacker has a strong case that such a law as applied to himself would be beyond the scope of Interstate Commerce. Until he tries to sell or make his OS widely available, at least.
Given how broadly the commerce clause has been interpreted I don't think we can rely on that to save us here. Criminalizing Bob publishing his OS on GitHub is still too authoritarian for my liking.
Just off the top of my head, something like "physical hardware with web access sold in the US without an ID check at the checkout counter must include this feature in its preinstalled OS" would be a better way to write the law in my opinion. Plenty of ways around it if you're a hobbyist or for some reason really don't want to comply, but a big enough hassle that all the major commercial OS providers would probably find it easiest to just include the feature. (Especially since this is a feature most parents would probably appreciate anyway.)
Warning: This website has audio which is activated when you press the letters, despite not giving any fair warning indication of this. Not a nice surprise if you're at work!
> Not all titles are positive law — some titles are "evidence of law" rather than the legal text itself (see 1 USC § 204)
The vocabulary of this sentence is inconsistent with section 204 [0]. It is the positively enacted titles which are "legal evidence of the laws". The other titles merely "establish prima facie" what the law is, subordinate to a closer examination of the bills actually passed, which control. In other words, "evidence of law" is the stronger of the two, not the weaker, as the readme suggests.
> These courts just want to clear their dockets which is why they reversed.
You have made no attempt to justify this claim, which, I suspect, you pulled out of thin air, though it amounts to a provocative accusation of significant ethical bankruptcy and judicial malpractice in "these courts" (whichever courts you may be referring to). Do better.
The 9th district court of appeals, something that's on the first page of the ruling. Did you read it? That was implicit in this comment thread.
And the justification is the fact that this is an unpublished ruling "This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3"
That alone is a good sign that these judges don't really think this is a great argument.
And, if you read the ruling (which lacks a dissent). It's extremely weak. California law requires that the end user makes an affirmative action to accept a TOS agreement in the form of checking a box or clicking a button. Something the court admits the defendant does not do.
They make a lot of hay around how wonderful the email was, but who cares? Just showing someone text does not count as accepting the TOS.
They had to construe the fact that the plaintiff used the app later as being an acceptance of the TOS. TOS which include moving the case of stalking out of the federal courts and into the arbitration courts which Tile picked. The fact that this reduces their case load is apparent because if they didn't force this into arbitration the court would end up dealing with all the appeals that Tile would invariably file.
Maybe you should do better and actually read the linked ruling before accusing others. My example is exactly the sort of behavior that this court would find acceptable for accepting a TOS change.
I'm assuming bad motivations because this is a garbage ruling. And the only reason why they'd make such a ruling is case load. That, in fact, is charitable to these judges.
"That alone is a good sign that these judges don't really think this is a great argument."
No, this is a totally normal thing, at least for the 9th circuit (and a few others). They do not publish all rulings, and they don't designate all opinions as precedential.
The rest is just disagreement with governing law, framed as if the court should have disregarded it and done what you wanted.
"California law requires that the end user makes an affirmative action to accept a TOS agreement in the form of checking a box or clicking a button. Something the court admits the defendant does not do."
This is only true as of July 1st, 2025. So was not in force at the time of this dispute.
"Just showing someone text does not count as accepting the TOS."
During the time, it did, as the court explains pretty well.
It is hilarious that you think this was about clearing a docket.
As a lawyer, I would guess this was literally the last thing they cared about here.
I also happen to think consumers get shafted and am quite happy with california's recent contract law changes, but ...
this ruling is quite clearly reasonable, if not totally correct based on the law as it existed at the time.
The law as written provides the rules of the game. Nobody should get to cheat, not the government, not a citizen, not a business, just because someone can plausibly argue that if the law were rewritten today it'd be written differently.
If the claim is true that the law would be and should be written differently today, then: Rewrite. The. Law.
If you don't have enough public support for that, then you have no business imposing your view on your fellow citizens. If you do have enough public support, but Congress is being dysfunctional (this is usually the case today), then communicate with your congresspeople and/or try vote them out, and persuade your fellow citizens to do the same. Don't cheat at the game. Play it.
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