An anonymous reader writes The U.S. Court of Appeals for the 2nd Circuit last week reversed a tax evasion conviction against an accountant because the government had used data from his computers that were seized under a warrant targeting different suspects. The Fourth Amendment, the court pointed out, "prevents the seizure of one thing under a warrant describing another." Law enforcement originally made copies of his hard drives and during off-site processing, separated his personal files from data related to the original warrant. However, 1.5 years later, the government sifted through his personal files and used what it found to build a case against him. The appeals court held that "[i]f the Government could seize and retain non-responsive electronic records indefinitely, so it could search them whenever it later developed probable cause, every warrant to search for particular electronic data would become, in essence, a general warrant," which the Fourth Amendment protects against. The EFF hopes that the outcome of this appeal will have implications for the NSA's dragnet surveillance practice.

RabbitWho writes "It gives a whole new meaning to the phrase 'one for the road.' Whisky, the spirit that powers the Scottish economy, is being used to develop a new biofuel which could be available at petrol pumps in a few years. This biofuel can be produced from two main by-products of the whisky distilling process – 'pot ale,' the liquid from the copper stills, and 'draff,' the spent grains. Copious quantities of both waste products are produced by the £4bn whisky industry each year, and the scientists say there is real potential for the biofuel, to be available at local garage forecourts alongside traditional fuels. It can be used in conventional cars without adapting their engines. The team also said it could be used to fuel planes and as the basis for chemicals such as acetone, an important solvent."

Professor_Quail writes with this interesting excerpt: "Oxford scientists have created a transparent form of aluminum by bombarding the metal with the world's most powerful soft X-ray laser. 'Transparent aluminum' previously only existed in science fiction, featuring in the movie Star Trek IV, but the real material is an exotic new state of matter with implications for planetary science and nuclear fusion."

An anonymous reader wrote in to say "A friend of mine who just got an iPhone 3GS and has Mobile Me just used the "Find my iPhone" feature to track down his lost and subsequently stolen iPhone. This story involves three nerds wandering sketchy streets with a MacBook, and ends with a confrontation at a bus stop."

An anonymous reader writes with this excerpt from Network World: "A number of sites are reporting that Apple's CEO Steve Jobs is taking a leave of absence till June at least. Speculation over Jobs' possibly failing health has run rampant in the past few weeks. Prior to the recent MacWorld show, Jobs said he had a hormone deficiency that had caused him to dramatically lose weight. In a memo today Jobs told workers his health issues are more complex than he thought." Reader Bastian227 adds a link to this letter from Steve Jobs on Apple's website, which also says that Tim Cook will be responsible for daily operations, though Jobs will remain involved with major strategic decisions.

thefickler writes "Seagate and Symwave are jointly demonstrating the first consumer applications of USB 3.0 at CES, showing a Seagate FreeAgent drive running through a Symwave USB 3.0-compatible storage controller device. According to Symwave, this will result in 'speeds previously unattainable with legacy USB technology.' Which means, if you understand PR-write, it will be much faster."

antispam_ben writes "The President of Italy, which will have the Presidency of the G8 starting January 1, says he wants to use the future position of Italy to 'Regulate the Internet.' Italy's President Berlusconi appears to be a cantankerous character, prompting riots when Italy last had the G8 presidency in 2001. This will no doubt be a serious effort, but knowing the fundamental design of the Internet involves routing around damage, the efforts could be more amusing than threatening." Update — 12/5 at 00:04 by SS: Reader fondacio noted that Silvio Berlusconi is Italy's Prime Minister, not its President. He is Italy's G8 representative, and Italy will hold the presidency in 2009.

nettxzl writes ""Sentient Developments revisits the Fermi Paradox which is "the contradictory and counter-intuitive observation that we have yet to see any evidence for the existence of Extra Terrestrial Intelligence (ETI) although the size and age of the Universe suggests that many technologically advanced ETI's ought to exist." Sentient Development's blog post on the Fermi Paradox states that "a number of inter-disciplinary breakthroughs and insights have contributed to the Fermi Paradox gaining credence as an unsolved scientific problem" Amongst these are "(1)Improved quantification and conceptualization of our cosmological environment, (2) Improved understanding of planet formation, composition and the presence of habitable zones, (3) The discovery of extrasolar planets, (4) Confirmation of the rapid origination of life on Earth (5) Growing legitimacy of panspermia theories" and more ... So, where is everyone?"

An anonymous reader writes to mention that the U.S. Missile Defense Agency and Lockheed Martin recently reported success in the test flight of the Terminal High Altitude Area Defense (THAAD) missile system. "THAAD is designed to defend U.S. troops, allied forces, population centers and critical infrastructure against short- to intermediate range ballistic missiles. THAAD comprises a fire control and communications system, interceptors, launchers and a radar. The THAAD interceptor uses hit-to-kill technology to destroy targets, and is the only weapon system that engages threat ballistic missiles at both endo- and exo-atmospheric altitudes."

SpaceAdmiral writes "New York City is developing a plan to allow images to be sent to 911 emergency operators from cellphones. This will likely give emergency operators better information to pass along to responders. They're also planning on implementing a program of street-corner video cameras, as seen in the city of London. According to John A. Feinblatt, Mayor Michael Bloomberg's criminal justice coordinator: 'The more information that the police have and the more quickly that they get it, the more likely that they are going to fight a crime.'" How practical do you think it is to expand this sort of project to cities across the country? Moreover, is it worth the expense?

Jimmy T writes "Microsoft and Secunia are warning about the discovery of a new 'Zero-day' vulnerability affecting all Microsoft based operating systems except Windows 2003. Both companies states that the vulnerability is currently being exploited by malicious websites. One attack vector is through Internet Explorer 6/7 — so be aware where you surf to."

justelite writes "Is it possible to let a first sketch become an object, to design directly onto space? The four FRONT members have developed a method to materialize free hand sketches."