Daily Tech News 17 September 2022

Top Story

It seems like only yesterday that I mentioned Texas House Bill 20, legislation that attempted to designate large social networks as "common carriers" just like phone companies, severely limiting the companies' ability to engage in viewpoint discrimination. That legislation, and a similar bill in Florida, had been blocked at the district court level.

Which injunction has just been overturned by the Fifth Circuit, nay, not so much overturned as nuked from orbit. (The Volokh Conspiracy)
A Texas statute named House Bill 20 generally prohibits large social media platforms from censoring speech based on the viewpoint of its speaker.

The platforms urge us to hold that the statute is facially unconstitutional and hence cannot be applied to anyone at any time and under any circumstances.

In urging such sweeping relief, the platforms offer a rather odd inversion of the First Amendment. That Amendment, of course, protects every persons right to "the freedom of speech." But the platforms argue that buried somewhere in the person's enumerated right to free speech lies a corporation's unenumerated right to muzzle speech.

The implications of the platforms' argument are staggering. On the platforms' view, email providers, mobile phone companies, and banks could cancel the accounts of anyone who sends an email, makes a phone call, or spends money in support of a disfavored political party, candidate, or business. What's worse, the platforms argue that a business can acquire a dominant market position by holding itself out as open to everyone—as Twitter did in championing itself as "the free speech wing of the free speech party." Blue Br. at 6 & n.4. Then, having cemented itself as the monopolist of "the modern public square," Packingham v. North Carolina, 137 S. Ct. 1730, 1737 (2017), Twitter unapologetically argues that it could turn around and ban all pro-LGBT speech for no other reason than its employees want to pick on members of that community, Oral Arg. at 22:39–22:52.

Today we reject the idea that corporations have a freewheeling First Amendment right to censor what people say. Because the district court held otherwise, we reverse its injunction and remand for further proceedings.
Since the entire purpose of Twitter post-2018 - at least as its senior executives would have it - is to engage in viewpoint discrimination to protect leftists from reality, this is potentially devastating to the platform.

It would also affect Facebook, of course, and comments on platforms such as YouTube and Instagram, but those platforms at least have other functions, whether you consider them worthwhile or not.

Expect Twitter to become even more frantic in its efforts to be taken over by its most hated enemy, because if HB 20 or the similar Florida legislation survives the court challenges, Elon Musk is the only thing that stands between them and oblivion.

Tech News

EVGA - the largest of Nvidia's video card partners - is so sick of dealing with the GPU company's bullshit that they've exited the marked entirely. (Tom's Hardware)

Which is no small thing because video cards make up 80% of EVGA's revenue. Though not necessarily 80% of its profits - low margins, or right now, negative margins, being a major point of contention leading to the breakup.

EVGA has said it has no plans to switch to making AMD cards instead. All warrantees for existing cards will continue to be honoured.
On the other hand GPU mining of Ethereum is now toast. (Tom's Hardware)

This should help with the availability of next generation cards, though not sp much with Nvidia's financials, because they sold a lot of cards to miners over the last two years.
The 7900X is 30% faster than the 5900X. (Tom's Hardware)

In both single and multi-threaded tests. This Geekbench which is not a great benchmark, but when comparing two almost identical CPUs it's a pretty good indication of what to expect.

This also puts the 12 core 7900X well ahead of the 16 core 5950X. In fact, it would put the 7900X around the same level as the 28 core Xeon Gold 6348, which sells for close to $3000.

This also puts it ahead of Intel's 12900K in both single and multi-threaded tests. (WCCFTech)

Though of course Intel has the 13900K coming soon, which will offer significantly better multi-threaded performance because it has an extra 8 Efficiency cores.

The WCCFTech article has a score for the 7950X as well, which puts it at 31% faster than the 7900X. Perfect scaling would be around 35% (extra cores and a small clock speed boost) so that is quite good.

I'm looking forward to seeing more detailed benchmarks later this month, because I'm planning to build either a 7900X or 7950X system before Christmas.
Caddy vs. Nginx benchmarks. (Tyblog)

Caddy fares better than I expected; indeed, there's no real reason to use Nginx if Caddy has the functionality you need.

Miscellaneous Australian Vtuber Nonsense Video of the Day

Disclaimer: Parrot Pie

Ingredients: 1 doz. paraqueets, a few slices of beef (underdone cold beef is best for this purpose), 4 rashers of bacon, 3 hard-boiled eggs, minced parsley and lemon peel, pepper and salt, stock, puff-paste.

Mode: Line a pie-dish with the beef cut into slices, over them place 6 of the paraqueets, dredge with flour, fill up the spaces with the egg cut in slices and scatter over the seasoning. Next put in the bacon, cut in small strips, then 6 paraqueets and fill up with the beef, seasoning all well. Pour in stock or water to nearly fill the dish, cover with puff-paste and bake for one hour.

Posted by: Pixy Misa at 04:00 AM

Comments

(Jump to bottom of comments)

1 Good evening Pixy

Posted by: Skip at September 17, 2022 04:00 AM (k8B25)

2 I couldn't find enough parakeets in wild in a year to make a pie

Posted by: Skip at September 17, 2022 04:03 AM (k8B25)

3 I get a dozen at a time just sitting on the fence.

Posted by: Pixy Misa at September 17, 2022 04:05 AM (BLOW1)

4 yay pixytime

Posted by: m at September 17, 2022 04:06 AM (0ixKl)

5 >>>Ingredients: 1 doz. paraqueets

Paraqueet? Is that Australo-Finch?

Posted by: m at September 17, 2022 04:10 AM (0ixKl)

6 This part is so good. Big Tech can't justify their censorship regime by claiming free speech rights while at the same time also claiming Section 230 protections. You can't be a publisher while also claiming not to be a publisher. Beautiful.

https://twitter.com/HansMahncke/
status/1570898378338471939

Posted by: buzzion at September 17, 2022 04:17 AM (vMCab)

7 >>4 rashers of bacon

Four? FOUR?!?

Hoe-Ree-CRAP.

Wait, how much is a brazilian?

Posted by: lurk at September 17, 2022 04:19 AM (MIODZ)

8 Buzzion...tinyurl is your friend!

Posted by: CharlieBrown'sDildo at September 17, 2022 04:22 AM (XIJ/X)

9 I don't get how that link could blow margin yet it seems it did a step.

Posted by: Skip at September 17, 2022 04:35 AM (k8B25)

10 https://dailytimewaster.blogspot.com/
pet Capybera
https://tinyurl.com/32h3yfvs

Posted by: Skip at September 17, 2022 04:41 AM (k8B25)

11 Parrot Pie? Paraqueets? ... are we talking birds?

I'm interested in making the Parrot Pie but I want some clarification before the local Petco opens.

Posted by: JROD at September 17, 2022 04:41 AM (0jZnq)

12 Can you substitute pigeons for parakeets? Got plenty of those, crows too.

Posted by: Tinfoilbaby at September 17, 2022 04:45 AM (J+nFa)

13 paraquat : parakeet

Read the label!

Posted by: m at September 17, 2022 04:47 AM (0ixKl)

14 I couldn't find enough parakeets in wild in a year to make a pie
Posted by: Skip

Throw in 2 cherry stones.
That way you'll have a parapet.

Posted by: Bruce at September 17, 2022 04:47 AM (vd8XM)

15 You can order frozen parakeets/ paraqueets online if you can find them.

But they won't go cheep.

Posted by: Bruce at September 17, 2022 04:54 AM (vd8XM)

16 https://www.americanthinker.com/the 5th circuit says tech companies cant use the 1st amendment to censor speech

https://tinyurl.com/4s7bkawb

Explains it a bit

Posted by: Skip at September 17, 2022 04:54 AM (k8B25)

17 Posted by: Skip at September 17, 2022 04:35 AM (k8B25)

I fixed it. That's why it has a line break.

Posted by: CharlieBrown'sDildo at September 17, 2022 04:59 AM (XIJ/X)

18 I do have a couple of roadrunners that make their home around my building. Maybe I could cut one into 12 pieces instead of using parakeets. They must be good, Wiley Coyote spends a butt load of money, and will nearly kill himself to eat one.

Posted by: Tinfoilbaby at September 17, 2022 05:01 AM (J+nFa)

19 15 You can order frozen parakeets/ paraqueets online if you can find them.

But they won't go cheep.
Posted by: Bruce at September 17, 2022 04:54 AM (vd8XM)

LOL Bruce. Dad joke!

Posted by: m at September 17, 2022 05:01 AM (0ixKl)

20 I fixed it. That's why it has a line break.
Posted by: CharlieBrown'sDildo at September 17, 2022 04:59 AM (XIJ/X)

Thank you.

Posted by: t_bodie - Lurker. Unless you are reading this. at September 17, 2022 05:05 AM (QKlj8)

21 14 I couldn't find enough parakeets in wild in a year to make a pie
Posted by: Skip

Throw in 2 cherry stones.
That way you'll have a parapet.
Posted by: Bruce at September 17, 2022 04:47 AM (vd8XM)

I don't get this one, Bruce. Maybe I need more coffee.

Posted by: m at September 17, 2022 05:07 AM (0ixKl)

22 I don't get this one, Bruce. Maybe I need more coffee.
Posted by: m

pair of pits...

Oh god! I crack myself up!!!

Posted by: Bruce at September 17, 2022 05:08 AM (vd8XM)

23 Okay, I'll admit I'm no Muldoon.

Posted by: Bruce at September 17, 2022 05:08 AM (vd8XM)

24 22 I don't get this one, Bruce. Maybe I need more coffee.
Posted by: m

pair of pits...

Oh god! I crack myself up!!!
Posted by: Bruce at September 17, 2022 05:08 AM (vd8XM)

I ... see.

Posted by: m at September 17, 2022 05:08 AM (0ixKl)

25 @13 m-Lets see, it says p a r a q u e e t s. Ok typed it in on the other page and cute little birds pop up bigger than shit.
Screw it. I'm just going to ding a few sparrows in the yard with my pellet gun this morning and substitute them for a paraqueet, parakeet, para-whatever.

Paraquats will be eaten for dessert.

Posted by: JROD at September 17, 2022 05:09 AM (0jZnq)

26 88w88 What's this?

Posted by: Vanishingly Rare Foreign Youkai at September 17, 2022 05:09 AM (a8yJg)

27 25 Paraquats will be eaten for dessert.
Posted by: JROD at September 17, 2022 05:09 AM (0jZnq)

Noooooo not paraquats!!

Posted by: m at September 17, 2022 05:10 AM (0ixKl)

28 Lets see, it says p a r a q u e e t s. Ok typed it in on the other page and cute little birds pop up bigger than shit.
Screw it. I'm just going to ding a few sparrows in the yard with my pellet gun this morning and substitute them for a paraqueet, parakeet, para-whatever.

Paraquats will be eaten for dessert.
Posted by: JROD

I've got plenty of chipmunks and tree rats to contribute to the meal.

Posted by: Bruce at September 17, 2022 05:10 AM (vd8XM)

29 Well, not me personally.

The yard does.

Posted by: Bruce at September 17, 2022 05:10 AM (vd8XM)

30 29 The yard does.
Posted by: Bruce at September 17, 2022 05:10 AM (vd8XM)

You have female deer in your yard?

Posted by: m at September 17, 2022 05:14 AM (0ixKl)

31 Youtube/KPIX CBS SF Bay Area; Gov. Newsom challenges Florida's DeSantis to debate

I would say DeSantis should do it depending on the format, but how well did he do against the guy he ran against in Florida? I would assume he'd do well and seems quick witted.

Posted by: JROD at September 17, 2022 05:14 AM (0jZnq)

32 You have female deer in your yard?
Posted by: m

Why, yes I do.

Posted by: Bruce at September 17, 2022 05:15 AM (vd8XM)

33 The hosta right under bedroom window has been chomped down by deer.

Posted by: Skip at September 17, 2022 05:16 AM (k8B25)

34 Debate would be about him bussing immigrants out of Florida.

Posted by: JROD at September 17, 2022 05:16 AM (0jZnq)

35 Debate would be about him bussing immigrants out of Florida.
Posted by: JROD

Desantis should counter with, give me all the money that you send to Ukraine instead. Maybe I could do something useful with that.

Posted by: Bruce at September 17, 2022 05:19 AM (vd8XM)

36 I'm always getting those adds for lawyers trying to get settlements for people exposed to paraquat. I remember it from the 70's or 80's when they were spraying it on the weed in Mexico to eradicate it. A US sponsored program. But they just picked it and sent it up here anyway.

Posted by: Tinfoilbaby at September 17, 2022 05:21 AM (J+nFa)

37 I'm getting married in less than 12 hours and I can't sleep.

Posted by: Miley, the Duchess at September 17, 2022 05:22 AM (Mzdiz)

38 I guess I'll go out back and smoke a cigarette.

Posted by: Miley, the Duchess at September 17, 2022 05:24 AM (Mzdiz)

39 Outta here, hopefully back by KT's thread.

Posted by: Skip at September 17, 2022 05:25 AM (k8B25)

40 I'm getting married in less than 12 hours and I can't sleep.
Posted by: Miley

Oooo. Lerner and Loewe are going to have a tough job coming up with the next line.

Posted by: Bruce at September 17, 2022 05:26 AM (vd8XM)

41 I'm getting married in less than 12 hours and I can't sleep.
Posted by: Miley

Big Happy Day!

Posted by: Bruce at September 17, 2022 05:27 AM (vd8XM)

42 31 Youtube/KPIX CBS SF Bay Area; Gov. Newsom challenges Florida's DeSantis to debate

I would say DeSantis should do it depending on the format, but how well did he do against the guy he ran against in Florida? I would assume he'd do well and seems quick witted.
Posted by: JROD at September 17, 2022 05:14 AM (0jZnq)

That would be a weird precedent: the governor of one state debating the governor of another state? I'll bet DeSantis will say, nah, I'm busy governoring.

Posted by: m at September 17, 2022 05:28 AM (0ixKl)

43 40 I'm getting married in less than 12 hours and I can't sleep.
Posted by: Miley

Oooo. Lerner and Loewe are going to have a tough job coming up with the next line.
Posted by: Bruce at September 17, 2022 05:26 AM (vd8XM)

Ahem.
I'm getting married in less than 12 hours and I can't sleep. | You can order frozen parakeets but they won't go cheep.

Posted by: m at September 17, 2022 05:31 AM (0ixKl)

44 I'm getting married in less than 12 hours and I can't sleep. | You can order frozen parakeets but they won't go cheep.
Posted by: m

With a cockney accent!!! We have a winner.

Posted by: Bruce at September 17, 2022 05:32 AM (vd8XM)

45 Happy, happy day, Miley.

Posted by: m at September 17, 2022 05:32 AM (0ixKl)

46
I would say DeSantis should do it depending on the format, but how well did he do against the guy he ran against in Florida? I would assume he'd do well and seems quick witted.
Posted by: JROD at September 17, 2022 05:14 AM (0jZnq)

That would be a weird precedent: the governor of one state debating the governor of another state? I'll bet DeSantis will say, nah, I'm busy governoring.
Posted by: m at September 17, 2022 05:28 AM (0ixKl)

And that Newsom should spend some time figuring out how to run his state without begging people to not plug in their electric cars.

Posted by: buzzion at September 17, 2022 05:32 AM (vMCab)

47
g'mornin', 'rons

Posted by: AltonJackson at September 17, 2022 05:40 AM (ENBF0)

48 That's a lot of paraqueets.

Posted by: Aetius451AD at September 17, 2022 05:42 AM (dNqv+)

49 And that Newsom should spend some time figuring out how to run his state without begging people to not plug in their electric cars.
Posted by: buzzion

First rule of the debate. They must meet in the middle of the US driving their states preferred means of transport.

Newsome restricted to EV or high speed train.

You have 24 hours to get there.

Posted by: Bruce at September 17, 2022 05:42 AM (vd8XM)

50 Morning, 'rons and 'ettes.

Posted by: olddog in mo, No Cheetos allowed on the 'toon at September 17, 2022 05:44 AM (ju2Fy)

51 If I were DeSantis I'd fly out here to California immediately and debate him on the spot with cameras watching. I don't see a trap and it's tee'd up to be knocked out of the park. All you have to do is point out their hypocrisy in a not so polite rough manner and tell him to pound sand.

I think it's obvious what the Democrats are going to do with Biden within the next two years. He's gone and it will be Newsom installed as president in 24'. Newsom isn't going to bother messing with Trump, he'll be in jail by campaign time and I'm sure Newsom already knows this. DeSantis or whomever Repubs decide to front will be defeated by whatever creative new form of fraud the Dems concoct in the necessary states.

We will have an election though!

Posted by: JROD at September 17, 2022 05:46 AM (0jZnq)

52 "You can order frozen parakeets but they won't go cheep."

That's so true. So essentially honest. They're pining for the fjords.

Thank you, well-wishers. Publius is tossing, too.

Posted by: Miley, the Duchess at September 17, 2022 05:49 AM (Mzdiz)

53
DeSantis vs. Newsom

It would only elevate Newsom, no benefit to DeSantis.

See Also: punching down

Posted by: Divide by Zero at September 17, 2022 05:49 AM (y3pKJ)

54 Thank you, well-wishers. Publius is tossing, too.
Posted by: Miley

Well, isn't that nice. You are texting your beloved on the wedding day.

Wait, you are texting right?

Posted by: Bruce at September 17, 2022 05:51 AM (vd8XM)

55 This is interesting, only one here

Posted by: Skip's phone at September 17, 2022 05:53 AM (lyY0q)

56 Four and twenty blackbirds baked in a pie

old school

Posted by: DB at September 17, 2022 05:54 AM (geLO8)

57 Miley lots of luck to you

Posted by: Skip's phone at September 17, 2022 05:54 AM (lyY0q)

58 55 This is interesting, only one here
Posted by: Skip's phone at September 17, 2022 05:53 AM (lyY0q)

Is this a volunteer job, Skip?

Posted by: m at September 17, 2022 05:55 AM (0ixKl)

59 Posted by: JROD at September 17, 2022 05:46 AM (0jZnq)

I think you are exactly right. Remember a few months ago Newsome was seen at the White House meeting Dr. Jill, Kamala, and Klain while Joe was visiting Saudi Arabia. Newsome was told the plan and as acting accordingly.

Posted by: hubcap at September 17, 2022 05:56 AM (bIz+p)

60 51 I think it's obvious what the Democrats are going to do with Biden within the next two years. He's gone and it will be Newsom installed as president in 24'.
Posted by: JROD at September 17, 2022 05:46 AM (0jZnq)

Or ... Kamala?

Posted by: m at September 17, 2022 05:57 AM (0ixKl)

61 I think you are exactly right. Remember a few months ago Newsome was seen at the White House meeting Dr. Jill, Kamala, and Klain while Joe was visiting Saudi Arabia. Newsome was told the plan and as acting accordingly.
Posted by: hubcap

Isn't it Kamala-lala-ding-dongs turn?
They've been positioning her for success for 2 years now.
Look how good she's done with the border crisis.

Posted by: Bruce at September 17, 2022 05:58 AM (vd8XM)

62 >That would be a weird precedent: the governor of one state debating the governor of another state?...

Posted by: m

just a move by Newsom to elevate his profile with respect to his WH dreams- DeSantis shouldn't cooperate

Posted by: DB at September 17, 2022 05:58 AM (geLO8)

63 They can't even get away with anyone but The Ho

Posted by: Skip's phone at September 17, 2022 05:59 AM (lyY0q)

64 Best wishes Miley

Posted by: DB at September 17, 2022 05:59 AM (geLO8)

65 Best wishes Miley
Posted by: DB

Indeed. All the happiness and don't forget to have some fun today too.

Posted by: Bruce at September 17, 2022 06:00 AM (vd8XM)

66 DeSantis can score as many points or more just slamming and insulting Newsom during a press conference than he would in any debate format that Newsom would ever really agree to the terms of.

Posted by: buzzion at September 17, 2022 06:02 AM (vMCab)

67 NOOOOODD!!!

Vic is on a roll

Posted by: Bruce at September 17, 2022 06:03 AM (vd8XM)

68 55 This is interesting, only one here
Posted by: Skip's phone at September 17, 2022 05:53 AM (lyY0q)

It is a unique feeling. On the one hand, you wonder if you missed a memo, on the other you wonder if everyone else bailed.

Posted by: Aetius451AD at September 17, 2022 06:03 AM (dNqv+)

69 I think DeSantis should respond, and should talk to Newsom like Newsom is a hapless child. Along the lines of, "I say this to Governor Newsom: Get to work in your own state."

Posted by: m at September 17, 2022 06:03 AM (0ixKl)

70 It is a unique feeling. On the one hand, you wonder if you missed a memo, on the other you wonder if everyone else bailed.
Posted by: Aetius451AD

And if you leave early, will anyone notice.

Posted by: Bruce at September 17, 2022 06:04 AM (vd8XM)

71 70 It is a unique feeling. On the one hand, you wonder if you missed a memo, on the other you wonder if everyone else bailed.
Posted by: Aetius451AD

And if you leave early, will anyone notice.
Posted by: Bruce at September 17, 2022 06:04 AM (vd8XM)

Or was there a time change?

Posted by: m at September 17, 2022 06:05 AM (0ixKl)

72 And if you leave early, will anyone notice.
Posted by: Bruce at September 17, 2022 06:04 AM (vd8XM)

That is when the voice in the back of my head says: well, you are going to have to do it all. Bunch of lazy assholes.

Posted by: Aetius451AD at September 17, 2022 06:05 AM (dNqv+)

73 Do you also watch teletubbies? Yeesshhh.... get a life.

Posted by: Nipsy Ruskel at September 17, 2022 06:32 AM (VtWkz)

74 Suck it, Twitter.

Why does mobile Safari hate Ace?

Posted by: Werner Herzog's Shoe at September 17, 2022 08:00 AM (jwo8Z)

75 Hey Pixy,

Please post a parts list when you build your new rig. I plan on doing the same and would love to know what you use.

Posted by: Jeff in NC at September 17, 2022 08:15 AM (n2Y2C)

76

Parakeets will sit on your face and tell you that they love you.Who's a pretty boy?

Posted by: safristi at September 17, 2022 09:48 AM (qktfm)

77 EVGA is one of the few companies that can make Nvidia look good by comparison. EVGA are criminals working for the CCP and should be BANNED from doing business in the USA.

Posted by: Fisht at September 17, 2022 09:55 AM (ZRarh)

78

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Posted by: Sarah at September 17, 2022 12:08 PM (wsalG)

80 Newsome polls worse than Biden.

Posted by: Black JEM at September 17, 2022 01:34 PM (xWZcb)

81 Holy shit--the one company I actually trust for GPUs is taking itself off the table. Guess my 1070 Ti is going to have to last a lot longer than originally anticipated!

Posted by: CppThis at September 17, 2022 01:39 PM (UewuT)

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Posted by: Sarah at September 17, 2022 10:34 PM (oOu87)

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