Inactive Byuu / byuu_nyan / setsunakun0 / Near / David Ginder - "Non-binary" furry programmer who wrote a Super Nintendo emulator, tried to blackmail Null into removing his thread, and is probably actually dead lol

How many more months do we have until the next deaths of US citizens in foreign countries report, so we can once, and for all, prove that Byuu is alive?
They update that list roughly every six months (give or take a week or two), so some time around early March 2022. If anyone has filed a FOIA request with the SSA or sent in a Form SSA-711 as discussed several pages back, we'll have an even stronger proof of his life or death that should arrive sooner than the next update of that list.
 
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They update that list roughly every six months (give or take a week or two), so some time around early March 2022. If anyone has filed a FOIA request with the SSA or sent in a Form SSA-711 as discussed several pages back, we'll have an even stronger proof of his life or death that should arrive sooner than the next update of that list.
Correct me if I'm wrong but a FOIA request (as detailed in their site) would only allow for a "request [of] a copy of Deceased Person’s Original Application for a Social Security Card". It would also only work if Near was "at least 100 years old" (or 120 if we had no proof of his death). So even if could get the info, we would only get his application for ssa, not confirmation of his death
 
Correct me if I'm wrong but a FOIA request (as detailed in their site) would only allow for "Request a copy of Deceased Person’s Original Application for a Social Security Card". It would also only work if Near was "at least 100 years old" (or 120 if we had no proof of his death). So even if could get the info, we would only get his application for ssa, not confirmation of his death
I think you're misreading or misinterpreting the wording there. It says
The SSA page said:
We will not disclose information about any person in our records unless: 1) the number holder has provided written consent or we have acceptable proof of his or her death...
If Byuu died in Tokyo as alleged, that should have triggered a consular death report from the US embassy in Tokyo that would eventually be sent back to the SSA. That report should serve as sufficient proof of death.

edit: Here's the relevant portion of the SSA's Program Operations Manual System (POMS) that mentions that report as a valid proof of death. POMS is a system that instructs SSA employees on how to do their jobs.
 
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If Byuu died in Tokyo as alleged, that should have triggered a consular death report from the US embassy in Tokyo that would eventually be sent back to the SSA. That report should serve as sufficient proof of death.
So, after we pay, if we get the report back, he is dead because the "proof of death" clause was fufiled, and if we don't he's alive?

Anyhow, I am willing to sumbit (and pay for) that request, if any one of your kiwis are willing to use some word magic to make the request sound as good as possible

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Correct me if I'm wrong but a FOIA request (as detailed in their site) would only allow for a "request [of] a copy of Deceased Person’s Original Application for a Social Security Card". It would also only work if Near was "at least 100 years old" (or 120 if we had no proof of his death). So even if could get the info, we would only get his application for ssa, not confirmation of his death
The Numident record contains date of death - if known to Social Security. It can be requested via an FOIA.
 
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The Numident record contains date of death - if known to Social Security. It can be requested via an FOIA.
Still, after rereading SSN site, they claim we must provide a copy of acceptable proof of death. I don't see any info that would support @Portajohn's theory (especially since they claim they are not always notified of death by other agencies) which he then deleted.

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Seems to be that our results would be inconclusive, and the request likely rejected due to not providing the needed data.
 
Still, after rereading SSN site, they claim we must provide a copy of acceptable proof of death. I don't see any info that would support @Portajohn's theory (especially since they claim they are not always notified of death by other agencies) which he then deleted.

The problem with all these approaches is that you cannot prove a negative. There is no government record that will definitively prove that he is not dead. The only thing one could do from government records is to prove that he is actually dead. Any absence of a government record stating he is dead is non-conclusive as to the question of if Byuu is dead.

This is basically the same as other situations where people fake their deaths overseas for reasons such as to escape criminal prosecution or as part of a financial fraud. They can be caught if they use their old identity for financial transactions or use their old passport. But the only way to really go after them is (a) be a government agency with an incentive to do it or (b) hire expensive private investigators.
 
The problem with all these approaches is that you cannot prove a negative. There is no government record that will definitively prove that he is not dead. The only thing one could do from government records is to prove that he is actually dead. Any absence of a government record stating he is dead is non-conclusive as to the question of if Byuu is dead.
Problem is that even if we asked SSN for info, their response would be meaningless. If they say they have no confirmed death, it could be either that:
1. They were not informed
or
2. He's not dead.

And we would have no way to know which one it is.

Out of 3 possible responses (including 'he's dead' response), 67% of their possible responses will not give us any more valuable information than we already have.
 
I wrote a quick reply to @Useful_Mistake earlier because I thought I understood the underlying processes involved, but after a few minutes, I noticed that it might be more nuanced than I thought and deleted the post. He then quoted my deleted post, but he brings up a good point. It's not very clear what threshold of proof of death the SSA requires. The portion of the SSA page he was originally referring to is:
SSA page on FOIA requests said:
Extreme Age Policy – Number Holder


We will not disclose information about any person in our records unless: 1) the number holder has provided written consent or we have acceptable proof of his or her death; or 2) the number holder is at least 100 years old and we have acceptable proof of his or her death; or 3) the number holder is more than 120 years old.
The first thing I don't understand is how sections (1) and (2) are fundamentally different unless the burden of "acceptable proof" of death is different for people under 100 years old vs those over 100. But they don't elaborate.

The closest thing I can find that defines "acceptable proof of...death" is the POMS (internal SSA instruction documents) document here (section B, subsection 2, since we don't know if Byuu's hypothetical remains were interred in Japan or the US). That instructs the SSA employee to first ask the FOIA filer for the consular death report, but by the wording on the State Department's page on requesting consular death reports, that report is only explicitly available to "next of kin and legal representation for estate purposes". However, there are other forms of proof of death that the SSA may have already received that just aren't explicitly listed among these documents.

At this point, I don't think I can try to figure it out myself any further. POMS is full of jargon and abbreviations that aren't easy to understand for non-SSA employees. They even have a home page that warns plebs like us that the documents are difficult to interpret for people unfamiliar with the internal systems.

late edit: On a closer look, POMS documents appear to focus specifically on the processing of Social Security benefit claims, so it makes some sense that the burden of proof for a claim of death in order to get benefits is higher than it would be for a general death information request. This also would explain why they'd ask applicants to supply a consular death report for a family member who died overseas in order to get benefits; those family members would likely be eligible to request it from the State Dept. as the deceased's next of kin.

There is no similar "Extreme Age Policy" explicitly listed on the Form SSA-711, so I don't know if it's handled differently than a similar FOIA request by the SSA or not. There's a slightly older (now expired) version of the SSA-711 here on another government page that has a similar policy, but the burden of proof is much lower, including obituaries and newspaper articles documenting a death as acceptable proof.

Basically, I'm pretty sure I'm out of my depth at this point. I think we'd either need someone who works for (or is more familiar with) the SSA to clarify things or for someone to just file a FOIA/Form SSA-711 and see how the SSA responds. If they ask for further proof, ask them specifically which sorts of proof would be acceptable.

Problem is that even if we asked SSN for info, their response would be meaningless. If they say they have no confirmed death, it could be either that:
1. They were not informed
or
2. He's not dead.

And we would have no way to know which one it is.

Out of 3 possible responses (including 'he's dead' response), 67% of their possible responses will not give us any more valuable information than we already have.
Right, the SSA is not informed of every death, but they are informed of the vast majority of them. I find it hard to believe that a relatively high-profile death of a US citizen in Tokyo would not make it back to them one way or another.
 
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I wrote a quick reply to @Useful_Mistake earlier because I thought I understood the underlying processes involved, but after a few minutes, I noticed that it might be more nuanced than I thought and deleted the post. He then quoted my deleted post, but he brings up a good point.
Ah, I was wondering why that post was deleted. Thanks for clarifying!
The first thing I don't understand is how sections (1) and (2) are fundamentally different unless the burden of "acceptable proof" of death is different for people under 100 years old vs those over 100. But they don't elaborate.
Second one is more strict than the first. First requires consent or proof of death, second requires age and proof of death. It's stupid.
The closest thing I can find that defines "acceptable proof of...death"
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Right, the SSA is not informed of every death, but they are informed of the vast majority of them. I find it hard to believe that a relatively high-profile death of a US citizen in Tokyo would not make it back to them one way or another.
I'm not sure it's considered as high-profile other than by us, twitter, or reddit. Sure, it got some news coverage, but I don't think it was that high-profile.
to just file a FOIA/Form SSA-711 and see how the SSA responds. If they ask for further proof, ask them specifically which sorts of proof would be acceptable.
I suppose I could try filing the FOIA request and ask if they have his death report, but like I said before, I think it would be a waste of time (and possibly money (luckily the initial request is free. The followup talks is not)).

Edit: Contrary to the SSA website, the governmental FOIA website says to not request the type of data we want
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I wrote a quick reply to @Useful_Mistake earlier because I thought I understood the underlying processes involved, but after a few minutes, I noticed that it might be more nuanced than I thought and deleted the post. He then quoted my deleted post, but he brings up a good point. It's not very clear what threshold of proof of death the SSA requires. The portion of the SSA page he was originally referring to is:

The first thing I don't understand is how sections (1) and (2) are fundamentally different unless the burden of "acceptable proof" of death is different for people under 100 years old vs those over 100. But they don't elaborate.
The restrictions on the FOIA requests are meant mostly to prevent people getting SSA information on living persons which can be used for identity theft. The language in the restrictions is meant to cover cases where SSA records do not state that the person is dead.

In other words, the SSA giving you the records in response to the request is proof that the person is dead in their records. The SSA NOT giving you the records is proof that the person is NOT listed as dead in the SSA records.
Edit: Contrary to the SSA website, the governmental FOIA website says to not request the type of data we want
Filing an SSA-711 request is an FOIA request. Its just done through a special form (SSA-711) because its such a common request of the government.
 
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Filing an SSA-711 request is an FOIA request. Its just done through a special form (SSA-711) because its such a common request of the government.
You misunderstood my post. I was talking about making a FOIA request through the governmental FOIA website. I especially highlighted those parts
 
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The first thing I don't understand is how sections (1) and (2) are fundamentally different unless the burden of "acceptable proof" of death is different for people under 100 years old vs those over 100. But they don't elaborate.
Also (2) seems to imply that a person above the age of 100 but below the age of 120 can't even consent to release, but actually has to be dead, while a person over 120 can't refuse consent. Badly written as hell. Or just stupid.
 
Honestly sad that Hector is so involved into this. Dude has some serious technical talent, leading several console hacking projects and now is working on porting Linux to the new M1 Macbooks. Wish he'd stay away from this drama, he'd probably end up more successful too.
He's been (not so) slowly degrading into an insufferable faggot for years now. His early Twitter was mainly tech & software/hardware freedom oriented. I do wonder WTF changed, or if he was always been a huge homo and struggling to conceal it. Maybe once you gargle so many loads, it's impossible to deny it. IDK.
 
He's been (not so) slowly degrading into an insufferable faggot for years now. His early Twitter was mainly tech & software/hardware freedom oriented. I do wonder WTF changed, or if he was always been a huge homo and struggling to conceal it. Maybe once you gargle so many loads, it's impossible to deny it. IDK.
Maybe Byuu got to him? Instead of being known for his skills, all he's really known for is saying we're retarded by believing Byuu is alive. Truly a shame. He lived long enough to become the villain and a retarded one at that.
 
Maybe for the wider Twittersphere, but he is very well known in the hacking scene and is like a fixture at some big conferences. He has had peers sucking his epeen for ages.
Then he should stick to that and leave the Byuu situation alone. I haven't seen him tweet anything about it but knowing how he is, sooner or later we will see him again.
 
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