Gilmore Commission Recommends Secret 'Cyber Court'

hillct writes: "Yesterday the House Committee on Science received newly released cyber security recommendations from Virginia Governor James S. Gilmore, III of the Gilmore Commission. Most disturbing among these recommendations was a call for "Establishment of a special 'Cyber Court' patterned after the court established in the Foreign Intelligence Surveillance Act"." See also the Wired story. Do we really need another secret, unaccountable court?

Comments

Beautiful.

[dave-fu]

Forget the right to a fair trial, hackers are threatening our country's very lifeblood! Or something equally dramatic.
The good news is that they won't be high-profile cases where there's some sort of onus on the government to come through in a big, excessively punitive way (are shoplifters forbidden to walk in stores after they've served their time? are murderers forbidden to be around people after they've served their time? embezzlers forbidden to be around company books after they've done theirs? then why exactly are mitnick et. al forbidden to be around computers/electronic equipment after they've served theirs?). The bad news is that we'll have a new branch of the government with a minimum of public overview running wild on an increasingly marginalized subset of society.

what is Star Chamber

[onepoint]

For those that don't know what Star Chamber is please go to
http://www-2.cs.cmu.edu/~altmann/star-chamber.ht ml

it's a quick summary.

-onepoint

Secret hearing != Secret trial; NO Star Chamber

[Paul Bain]

&nbsp&nbsp&nbsp&nbsp&nbsp The poster (hillct) and Slashdot employee Michael state that

"Most disturbing among these recommendations was a call for "Establishment of a special 'Cyber Court' patterned after the court established in the Foreign Intelligence Surveillance Act [FISA]." . . . . Do we really need another secret, unaccountable court?

I am a lawyer-shyster. I think that hillct and Michael (in addition to everyone mentioning the term "Star Chamber," a synonym for a secret trial) may have overreacted or misinterpreted this news. First, secret trials contravene the U.S. Constitution. Any statute (federal or state) purporting to empower a court to hear and decide crimial liability in secret would be unconstitutional. A judicial hearing is not a trial, however, and the hearings contemplated under FISA are only those relating to whether law enforcement agents may surveil a particular communication or party/parties.

&nbsp&nbsp&nbsp&nbsp&nbsp And secrecy in the judicial branch is not always undesirable. Nearly ALL grand juries meet, hear evidence (while a judge presides), and deliberate in secret. But they make no determination as to criminal liability. They simply indict (or fail to indict), a step necessary to having a person tried. Secrecy in certain judicial proceedings is absolutely necessary -- secrecy is not always undesirable.