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Government to Eavesdrop on Lawyer-Client Conversations

An Anonymous Coward writes: "This CNN article outlines the justice department's plans to start monitoring lawyer-client communications of detainees. The decision was made by the justice department without any public debate or the involvement of the Senate or Congress. It's astonishing how easily a basic civil right such as the right to counsel is taken away!" The ACLU is, predictably, opposed.

508 comments

  1. is that really... by zentigger · · Score: 1, Insightful

    ...taking away the right to council? Just becuase it is being monitored you are still granted the right to have council.

    --

    the above is my personal opinion and does not necessarily reflect that of the little voices in my head

    1. Re:is that really... by Dredd13 · · Score: 3, Insightful

      The right to counsel implies (and has a LONG standing precedent and bunches of laws to reinforce) a "privacy" called attorney-client privilege. That is, that anything said between the attorney and his client cannot be told to anyone. Otherwise, the justice system would simply amount to "arrest individual, bug the room he and his lawyer converse in, and use those tapes as evidence."

    2. Re:is that really... by dachshund · · Score: 1
      Or, arrest individual, bug the room, and listen in on their strategy meetings. Which pretty well screws up the balance between prosecution and defense in the court system.

      The DOJ claims that there will be a "firewall" between the prosecution and the listening teams. Bet you anything we start hearing about leaks in that wall, if this crap is allowed to stand.

    3. Re:is that really... by actappan · · Score: 2, Funny

      There's gonna be a firewall huh? How much you wanna bet they'de want it to run windows. :)

      --
      \Drew National Data Director, John Edwards for President
    4. Re:is that really... by npietraniec · · Score: 3, Interesting

      Go read 1984 by George Orwell. You're innocent until proven guilty. If you're innocent, there's no reason to spy on you.

    5. Re:is that really... by Anonymous Coward · · Score: 1, Insightful

      > If you're innocent, there's no reason to spy on
      > you.

      So the defense should be able to listen in on the prosecution then as well...like that's going to happen.

    6. Re:is that really... by whizzird · · Score: 1

      Just hope it's not a microsoft based firewall, then all security of information will be gone. :)

      Sorry...I couldn't resist the urge to say that one.

    7. Re:is that really... by SonCorn · · Score: 1

      Although this is disturbing, you have to look at the fact that even though they can listen to anything you discuss with your lawyer, AND "leak" it to the team prosecuting you, it still would NOT be admissable in court. It is tantamount to an illegal search and no judge would let it be admitted as evidence. So please everyone STOP panicking. Plus you throw the ACLU into the whole mix and it will be old news early next week.

      --
      What good is a used up world, and how could it be worth having? --Sting
    8. Re:is that really... by loraksus · · Score: 2

      Well, considering that under the new rules, under certain situations, the goddamn prosecution has the ability to listen in . . .
      Not only do federal prosecuters get to lie in front of juries, but they also get to listen your substandard cousel.
      The Michigan Militia, etc.. are going to have a field day with this, as they rightously should.
      It feels great to be living in the DDR^B^B^BUSA

      --
      1q2w3e4r5t6y7u8i9o0pqawsedrftgthyjukilo;p'azsxdcfv gbhnjmk,l.;/
    9. Re:is that really... by Anonymous Coward · · Score: 0

      The 9/11 terrorists took away some of your ACLU-loving rights, get used to it, this is war...

      I personally am fed-up with MP3 trading, pimple faced punks bitching about their rights when so many people before them fought and died so they could have the rights they have today...

      Join the Marines, be a man, and defend what your miserable little, internet-based' life means to you... grow a sack and defend your rights...

    10. Re:is that really... by shokk · · Score: 2

      I think this is more in the vein of "fine, we can't use that against him, but he just told his lawyer that they're going to blow the Sears tower on Christmas". Letting one individual go free on something that is not admissible is a small price to pay if it might save a lot of people.

      Scary thing is that once the precedent is set to ignore it in some cases, it will be ignored in others and in some cases inadmissibility will be ignored because of the seriousness of the crime. Bush was right...we will never be the same after Sept 11. I miss Sept 10.

      --
      "Beware of he who would deny you access to information, for in his heart, he dreams himself your master."
    11. Re:is that really... by Anonymous Coward · · Score: 0

      How about your right to confidentiality of communication and not to be incriminated by your own unwilling testimony.
      This whole country has flown out the windows on the war craze. canada is looking good, now if
      only there were some jobs there...

    12. Re:is that really... by kaybi · · Score: 2, Informative

      Attorney-client privalege does not sheild the attorney from having to notify the proper authorities in the event that the client discusses his/her plan to commit a crime in the future, attorneys are required by their ethics rules to notify the authorities.

    13. Re:is that really... by Anonymous Coward · · Score: 0

      You used the words "attorney" and "ethics" in the same sentence. (Score: 5, Funny)

    14. Re:is that really... by Anonymous Coward · · Score: 0

      well....

      Is a terrorist going to tell his lawyer that his friends will bomb Duluth, MN. on December 12th?

      As unbelievable as it may sound, laywers are supposed to recuse themselves if they know their client is guilty (professional standards).

      Obviously, they can still argue the facts and claim a murder was in self defense (unless the client told them it was for the fun of watching people die).

      Of cpurse, back in the whitewater / bill clinton masturbation years, the Supreme court did rule that a president's conversations with a gov't (not private) lawyer were not subject to employee-client priveledge, though. Bruce Lindsey and Bill Clinton have such poor memories, it didn't make much difference, but there is a precedent, although I don't think anyone could claim private attorneys or public defenders fall under that umbrella.

      Not a lawyer, but I did spend 2 years in law school before leaving to join the then lucrative .com revolution...

    15. Re:is that really... by Anonymous Coward · · Score: 0


      I think all the dick you've sucked has scrambled your brains my friend.

      now please die, you are a waste of oxygen.

    16. Re:is that really... by dachshund · · Score: 3, Insightful
      though they can listen to anything you discuss with your lawyer, AND "leak" it to the team prosecuting you, it still would NOT be admissable in court

      Of course it wouldn't. That doesn't mean the listeners can't use the information against you in other ways-- for instance, as a lead in an investigation that eventually digs up other-- admissable-- evidence. It's a prosecutor's dream, having somebody leaking you transcripts of the defendant's conversations with their lawyer. Or imagine trying to come to a plea agreement, with somebody listening in? It's like playing poker with a mirror on the ceiling.

      Of course, the defendant and his lawyer will know that they're being monitored. Which will have the effect of stifling attorney-client communication, and seriously damaging the clients' ability to defend himself. Then, as another poster mentioned, you'll have two classes of defendant, with differing abilities to make a case-- those who can afford bail, and those who can't.

      Another problem: legitimacy of evidence. The Fifth amendment gives an individual the right to remain silent if he/she believes the testimony might be self-incriminating. If the cops force an individual to talk, they ultimately forfeit not only the testimony, but any evidence that results. This law is troublesome because it becomes very difficult to determine what evidence is the result of the recorded testimony, and what is just happenstance (eg, did a cop find the murder weapon in an alley by chance, or was the discovery the result of testimony recorded by the eavesdroppers?) I would actually imagine that this is going to be a messy thing for both sides of the case. There are reasons why cops don't bug people's houses without a warrant, chief among them that they risk having legitimate evidence supressed based on the possibility that it was the result of the illegal bugging.

      I have no idea how this is going to work out. Who is the organization doing the listening? What if the organization doing the eavesdropping uses the tapes to find evidence pertaining to the case-- will they be content with the fact that it's all going to be inadmissable? Will the recordings they make be available to the courts and defendant in order to determine whether evidence collected might have resulted from a leak in the "firewall"? And can we really trust this system to work?

      In a nutshell, there's a lot of reason to panic. And it bugs me that people don't realize this; it's a lot more than a baby step in the wrong direction, and the safeguards provided are not terribly strong.

      Incidentally, one should not assume that Ashcroft has a great interest in creating constitutional policy. I get the impression that he's adopting something of an "act first, let the courts sort it out later" attitude to a lot of issues. Any information gathered between the time this policy takes effect and the day a court slaps an injunction on him will still be useful-- the courts can't "undo" the damage caused, as it will likely be intangible.

    17. Re:is that really... by delong · · Score: 1

      Bzzzt. Just because a priveleged conversation is recorded, does not mean it is ADMISSABLE IN COURT. Attorney-client privelege is protected, and not admissable. This is a non-issue.

      Derek

    18. Re:is that really... by Dredd13 · · Score: 2
      and what do you do when they use that ill-gotten knowledge to go after OTHER people? You might SAY "oh, it's no big deal, they're only going after "bad people", but it makes no difference. It doesn't mean that they won't use it to investigate other hitherto unknown persons and events, and then, come court-time, plead "inevitable discovery" (e.g., "we would have found that out anyway, even without raping the detainee's rights").

      Sorry, as Al Powell would say "Why don't wake up and smell what you shovelin'?"

      D

    19. Re:is that really... by Anonymous Coward · · Score: 0

      Its enough to make one move to Montana and start wearing military fatigues. The paralells between present day America and Rome are becoming too numerous to mention.

    20. Re:is that really... by Dredd13 · · Score: 2
      I was thinking 30's Germany myself, actually... lots of pomp and arrogant nationalism, Bush getting up on stage last night in front of an intentionally favorable audience with that semi-subliminal "UNITED WE STAND" wallpaper behind him, keeping the war-drums beating.

      Don't get me wrong, I think the fuckers who did this should pay. Dearly. In blood. Them, their families, their friends, and anyone else who they sullied by their existence. :)

      But what is being stirred up in this country reminds me of what I've read of pre-WW2 Germany... and its not just me, because two out of three surviving grandparents both said the same thing without even my mentioning it.

      What do you need to lead a rise to power of a totalitarian state? ... an enemy to unite the people against, be they Jews or Al-Qaeda ... an economic recession, that you can, at least in part, attempt to blame on the enemy ... an expert group of media mongers who can feed the public just the nuggets they want to get ... a public who is blissfully ignorant of the facts ... and a leader who is "charismatic in his own way", and who the public doesn't believe is actually capable of being malicious, someone they trust to be "that guy who's stuck in office when this happens, and who we need to get behind and give him 110% support..."

      You tell me ... how are we NOT like pre-WW2 Germany.

    21. Re:is that really... by Anonymous Coward · · Score: 0

      Actually, the parallels are even more visible: Hitler used a fire in the German parliament as the pretext to dismantle civil rights such as free spech, blaming the communist party for this "terrorist attack". (Although many believe today that actually the nazis did it themselves.)

    22. Re:is that really... by Anonymous Coward · · Score: 0

      "...how are we NOT like pre-WW2 Germany?"

      we make bad beer...?

      seriously, the image of this guy getting in
      front of an openly selected audience (firemen,
      police officers, you know, heros) was played up for the vocal majority of america that is convinced by visual pomp... we are the super_entertained and expect as much from our propaganda.

    23. Re:is that really... by Anonymous Coward · · Score: 0

      America seems to suck more and more for each day
      that comes. Hey, it seems to be even worse than
      Canada which removed the fifth. Least people know
      its gone, but in USA you add new things instead
      of removing and making things unclear so that
      people unknowingly will be hooked.

      The land of the free? Gahaha, no the land of the
      trade freedom for security by obsecurity.

      You seem not be having the right even to joke
      about killing the president.

      That is not a freedom of speech or opinion!

      - Lusers

    24. Re:is that really... by Anonymous Coward · · Score: 0

      you're so right!

    25. Re:is that really... by Anonymous Coward · · Score: 0

      Non-Issue? Tell ya what, how about I sue you and I get to bug your client-attorney conversations but you don't get to listen to mine? Fair, right? You're ok with that?

      Better yet, how about if I arrest you for child pornagraphy, which you're innocent of, and while bugging your cell I overhear you tell your laweyer you have to get money from your secret offshore oil account to pay his bill. I pass on the info to the IRS who now audits you. Sure, you're innocent of tax evasion too, but you still have to pay your tax attorney to prove it to the IRS. Still think the bug is fair? Really?

    26. Re:is that really... by Denial+of+Cervix · · Score: 0

      Incidentally, one should not assume that Ashcroft has a great interest in creating constitutional policy. I get the impression that he's adopting something of an "act first, let the courts sort it out later" attitude to a lot of issues.


      I guess if you're right, he's basically just trying to do his "job" to the best he can, even if it takes bending or re-writing our laws. While it may serve his purposes and those of the current administration, it leaves us a very messy legacy in the long run. This is a major blow to the Constitution. I won't pretend to speak for The Framers, but I don't think they'd like it one bit.

      DoC

      It's ALL about the oil.

    27. Re:is that really... by rsimmons · · Score: 1

      George Orwell? What about J. Edgar Hoover's COINTELPRO? I hope this sort of thing never happens again. I'm afraid that out legislators are allowing it to happen though. This is really sickening.

  2. Welcome to the Police State by Dredd13 · · Score: 5, Interesting
    Not to say "I told you so", because I'm preaching to the choir, but this is just another step towards ensuring that the citizens of this modern day Republic can become subjects of an oppressive government again.

    This is completely useless against terrorists. Terrorists don't hire lawyers and chat about their actions beforehand. Terrorists plan long and quietly, and then without warning even their friends and roommates, they blow shit up.

    The only excuse for policies such as this is to enable fishing expeditions where people "suspected" of something can have their rights and privacy stripped away from them without them even knowing it.

    1. Re:Welcome to the Police State by ackthpt · · Score: 5, Funny

      Oh, you're just paranoid, when are you going to learn to trust President Ashcroft?

      --

      A feeling of having made the same mistake before: Deja Foobar
    2. Re:Welcome to the Police State by Anonymous Coward · · Score: 3, Funny

      Oh, you're just paranoid, when are you going to learn to trust President Ashcroft?

      President Cheney wants to have a word with you!

    3. Re:Welcome to the Police State by Anonymous Coward · · Score: 0

      He'll have to wait, I'm due in a meeting with Secretary of Religious Affairs, Ralph Reed.

    4. Re:Welcome to the Police State by Reality+Master+101 · · Score: 2

      Terrorists don't hire lawyers and chat about their actions beforehand.

      That's correct. But they can also call "Joe Terrorist" his "lawyer" and plan more terrorist activity from his jail cell.

      If we have good intelligence that some "lawyer" is actually a conduit in order to plan more terrorist activity, I think it's reasonable not to be idiots and let them do it.

      --
      Sometimes it's best to just let stupid people be stupid.
    5. Re:Welcome to the Police State by Anonymous Coward · · Score: 0, Funny

      You mean (Big) Brother Ashcroft don't you?

    6. Re:Welcome to the Police State by jazman_777 · · Score: 1
      Not to say "I told you so", because I'm preaching to the choir, but this is just another step towards ensuring that the citizens of this modern day Republic can become subjects of an oppressive government again.


      Listen folks: Any nation that has positions entitled "Czar" is not a nation of liberty. We have a Drug Czar, and I've seen references to others. Should we say to Bush, "Hail Caesar!"?

      --
      Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
    7. Re:Welcome to the Police State by Caspuh · · Score: 1

      czar (zär, tsär)
      n.
      also tsar or tzar (zär, tsär) An appointed official having special powers to regulate or supervise an activity.


      Doesn't sound so bad to me...

    8. Re:Welcome to the Police State by Bobzibub · · Score: 1

      By your argument all attorney-client conversations would be fair game for DOJ eavesdropping, because any lawyer could conspire to commit crimes with any client.

      How convenient for the DOJ if these lawyers are going to court against your own.

      Justice indeed.

    9. Re:Welcome to the Police State by cpt+kangarooski · · Score: 2

      Ah... usually in order to be a lawyer, and be entitled to that privilege, you have to be a REAL lawyer. You can't just call yourself a lawyer, that's illegal. There are licensing requirements in order to practice law, detailed background checks, etc. None of this crap with quotation marks seems applicable.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    10. Re:Welcome to the Police State by cpt+kangarooski · · Score: 1

      Yeah, but it's also what the Russian emperors were called prior to the revolution over there. It's derived from 'Caesar,' the title favored by the Roman emperors that wrested power from the Republic.

      All in all, it is a name loaded with bad connotations, and a really crappy ass choice. It's akin to having a Drug Fuhrer, 'cos it just means 'Father' and denotes authority, right? Well, probably not.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    11. Re:Welcome to the Police State by Reality+Master+101 · · Score: 1

      And those checks work really well for mob lawyers, don't they?

      --
      Sometimes it's best to just let stupid people be stupid.
    12. Re:Welcome to the Police State by cpt+kangarooski · · Score: 1

      You know a whole lot of those? Hell, you know a lot of mobsters that are still successful? They haevn't caught a break for decades. The Feds really hate those guys. But they didn't need this rule to beat them!

      Honestly, they have managed to catch lawyers that were active conspirators before WITHOUT just walking all over privilege. Why are these methods suddenly unavailable?

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    13. Re:Welcome to the Police State by Reality+Master+101 · · Score: 1

      But they didn't need this rule to beat them!

      Granted. But how long did it take to beat them?

      Honestly, they have managed to catch lawyers that were active conspirators before WITHOUT just walking all over privilege. Why are these methods suddenly unavailable?

      Because the mob doesn't fly jumbo jets into skyscrapers, send Anthrax (allegedly) and try to obtain nuclear weapons.

      Honestly, I think we need to cut the government a little slack and remember that 9/11 really happened.

      --
      Sometimes it's best to just let stupid people be stupid.
    14. Re:Welcome to the Police State by Erasmus+Darwin · · Score: 5, Insightful
      "Honestly, I think we need to cut the government a little slack and remember that 9/11 really happened."

      That shouldn't matter.

      Once upon a time, the Constitution was worth a whole lot more than just 6000 lives.

    15. Re:Welcome to the Police State by Anonymous Coward · · Score: 0

      Last I heard it was closer to 4,000. But your point is well taken. The vast majority of the United States citizens were ready to die for the very thing we are now pissing away...

    16. Re:Welcome to the Police State by Debillitatus · · Score: 2, Informative
      "Honestly, I think we need to cut the government a little slack and remember that 9/11 really happened."

      That shouldn't matter.

      Once upon a time, the Constitution was worth a whole lot more than just 6000 lives.

      Still is.

      Show me where, in the Constitution, one has a right to private communication with one's lawyer. Now, we consider losing this "right" a step backward, but the "right" of private communication with one's lawyer is not a right dilineated in the Constitution.

      Your response would be correct if this one of our Constitutional rights, because they are not to be given up easily, and certainly not for something like this. But this is at best a privilege, and thus can be given up.

      --

      Come on, give it up, that's

    17. Re:Welcome to the Police State by DigiBoi · · Score: 2, Insightful

      Once upon a time, the Constitution was worth a whole lot more than just 6000 lives.

      The above comment couldn't be more true. In 1814 the British (yes, those of the same country of Tony Blair, the Queen Mum, and the egghead Prince Charles) entered Washington and burned the White House to the ground. The White House. Did we panic? No. Did we run? No. We stood our ground. And we did nothing to undermine the Bill of Rights, as opposed to the bullshit being signed into law after the WTC Attacks.
      Why did we do no such thing? Because our fore fathers, unlike us, knew that fear was our only enemy. Fear was the only thing that could do us in. They knew that if we recieved enough "attacks" and we kept signing in new bills, eventually we would end up right where we were when we lived under british law.
      Thus, the just rebuilt the White House. Now, what would happen if the White House was burned down today? Obvioulsy massive legislation would be passed faster than you could say 'what the fuck?!?'.
      How much longer till our laws start to mirror the actions of our enemies? Now look at us. The very country that our fore fathers broke us off from is now in bed with our president. Fuck the Queen and brush her teeth!
      We have swapped the 'God, Guns, Guts' for 'Nintendo, MTV, Mcdonalds' to keep us free. Until we realize what is truly important, nobody will give a shit. And it never matters until everything you have is taken away.
      We once had something great. Not anymore. This is the type of shit that happens when a person's bubble is burst. They refuse to look at events leading up to what happened, and react without thinking when their bubble is burst.
      The Constitution was once there to protect us. Now nobody cares. But in the end, apathy will kill you.

      --
      I put on my robe and wizard hat.
    18. Re:Welcome to the Police State by nomadic · · Score: 2

      You know, it was so obvious how weaselly this guy was before he was appointed. Pity so many Democrats gave in on his confirmation.

    19. Re:Welcome to the Police State by Vuarnet · · Score: 2

      Once upon a time, the Constitution was worth a whole lot more than just 6000 lives.
      Even though i'm not an american citizen (though I do have relatives there), I have to admit this sentence is more deep and makes more sense than everything Bush, Cheney, Ashcroft & Co. have said (combined) since the September 11 attacks.

      Can you hear that? It must be the sound of 10,000 american militia ghost cheering from their graves.

      --
      Tongue-tied and twisted, just an earth-bound misfit, I
      Learning to fly, Pink Floyd.
    20. Re:Welcome to the Police State by keefebert · · Score: 1

      Everybody has a lawyer. These terrorist blend in to all aspects of society, and I wouldn't put it past a terrorist to have a lawyer who is also a terrorist. In this way, a suspect could continue carrying out plans even while being detained. Also, lets remember that if you didn't do anything wrong, they won't be able to convict you of anything. I don't see why we try so hard to protect the guilty. This measure could never hurt an innocent person, because they would never tell their lawyer they did something if they didn't. Also, this is not affecting face-to-face communication. Everyone needs to calm down.

    21. Re:Welcome to the Police State by Anonymous Coward · · Score: 0

      I am ein Fuhrer of slashdott.

      .sig Heil!

    22. Re:Welcome to the Police State by Reality+Master+101 · · Score: 3, Interesting

      Once upon a time, the Constitution was worth a whole lot more than just 6000 lives.

      No one is talking about throwing the constitution out the window. No, not even Bush et al. But sometimes you have to live in the real world, not this ivory tower world where the police have no surveillance powers at all and must catch all criminals in the act with a full video record.

      The law is about balancing the ivory tower with practical needs. And in a time of war when the enemy is actively seeking nuclear weapons, the scales need to tip more toward immedate needs.

      The constitution is not worth a damn if our freedom and liberty is taken away by external enemies. Personally, I like my freedom and liberty.

      --
      Sometimes it's best to just let stupid people be stupid.
    23. Re:Welcome to the Police State by palerider · · Score: 1

      Also, lets remember that if you didn't do anything
      wrong, they won't be able to convict you of anything.


      Tell that to all the folks recently freed from death row by DNA testing... and think about those that weren't freed in time.

      time to take off those rosey colored glasses you're wearing!

    24. Re:Welcome to the Police State by Anonymous Coward · · Score: 0

      Fuehrer != Father
      " == Leader

    25. Re:Welcome to the Police State by Anonymous Coward · · Score: 0

      Check out this amazing law passed by our forefathers, the same guys who wrote the Constitution. Not to mention, a number of those guys (such as Jefferson) were slaveholders.

      It seems even George Washington had slaves, although this was probably because they were bequeathed to him in someone's will, and it would have been disrespectful to free them right away.

    26. Re:Welcome to the Police State by snilloc · · Score: 2, Interesting
      Show me where, in the Constitution, one has a right to private communication with one's lawyer.

      Show me where, in the Constitution, one has a right to remain silent, a right to seek a safe and legal abortion, or the right to use birth control.

      Well, to be honest, you can't. It takes some ... eh... "interpretation". But that doesn't make these rights any less "Constitutional". That's because the true Constitution-of-the-USA is more than just the document referred to as "the Constitution". Case in point, the UK is considered a Constitutional form of government (at least in some circles...), yet I double-dog-dare you to find the document that is the "Constitution of the UK".

      This is also not to say that the right to an attorney (and have it actually mean anything) is an absolute Constitutional right - it probably isn't. Bet your bottom dollar this will be a US Supreme Court case.

    27. Re:Welcome to the Police State by Anonymous Coward · · Score: 0

      This isn't just about 6000 lives. This is about preventing another Hiroshima, or worse.

    28. Re:Welcome to the Police State by DarkZero · · Score: 2, Insightful

      No one is talking about throwing the constitution out the window. No, not even Bush et al. But sometimes you have to live in the real world, not this ivory tower world where the police have no surveillance powers at all and must catch all criminals in the act with a full video record.

      It's amazing how many people lately aren't able to read between the lines. If tons of unreasonable surveillance laws that ignore the fourth amendment are passed, then the fourth amendment is abolished. Do you really need to hear George Bush publicly say, "I'm abolishing the fourth amendment" before you believe that it's been ignored, tread upon, and fully abolished?

      This reminds me of all of those gun control people that actually try to argue that "We're not trying to abolish the second amendment. We're just trying to outlaw guns in America". The theft of your constitutional liberties will not come in an open statement by the President of the United States. It will come in a horde of small laws written by Congress and endorsed by the President and Attorney General that chip away at it until it's completely ignored in contemporary law.

    29. Re:Welcome to the Police State by Reality+Master+101 · · Score: 2

      Do you really need to hear George Bush publicly say, "I'm abolishing the fourth amendment" before you believe that it's been ignored, tread upon, and fully abolished?

      Call me when it's in danger of being abolished. I'm sorry, but I just don't buy the "slippery slope". This is such a minor modification to current law, but with important and very practical application to our current situation. If it gets abused in some way, then we'll change it and fix it.

      I believe the second amendment is open to interpretation, and I am hugely pro-gun. I don't want to see howitzers on the rooftops of my neighborhood. That's an exaggeration to make the point, but I think we can be a little flexible and recognize when very practical problems need a resolution, like terrorists using lawyers to plan their next attack. If we ever caught bin Laden and put him in jail, does anyone doubt that is exactly what would happen?

      I think we need to keep sight of what problem is trying to be solved.

      --
      Sometimes it's best to just let stupid people be stupid.
    30. Re:Welcome to the Police State by Anonymous Coward · · Score: 0

      I'll show you where the right to have private communication with your lawyer is, right after you show me where the right to shove a coathanger into the head of an unborn child is.

      Even a half-intelligent idiot can use deduction to find attorney-client priveledge in the 4th & 5th amendments.

    31. Re:Welcome to the Police State by sharkey · · Score: 3, Insightful

      Show me where, in the Constitution, one has a right to private communication with one's lawyer.

      Show me where, in the Constitution, the government has the right to eavedrop on a person "presumed innocent" without a warrant.

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
    32. Re:Welcome to the Police State by sharkey · · Score: 2

      We have swapped the 'God, Guns, Guts' for 'Nintendo, MTV, Mcdonalds' to keep us free.

      Wonderfully put. You left out mini-vans, though. Obviously, the Constitution was made for very different times, not our time. If the Founding Fathers had had mini-vans, and maybe microwaves, they would have been pretty damn happy with a foot on their necks.

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
    33. Re:Welcome to the Police State by Anonymous Coward · · Score: 0

      let's go back to 1814, shall we, a time when people didn't gorge themselves on the gov't handout trough....

      How many people saw the whitehouse burn, either in person or on tv? How many people knew the white house burned? Those that knew of the British invasion most likely had fears of having to sing, "God Bless The King", but the British army was an easily identifiable enemy....

      I a angry that the gov't is being too much of a pantywaist. Fact is, the terrorists are *all* arabic/muslim. A little racial proiling never hurt anyone. Internment camps should be back in style again!

    34. Re:Welcome to the Police State by Anonymous Coward · · Score: 0

      George Washington (who traded slaves for hemp with Thomas Jefferson... Imagine what would happen if the same were revealed about a modern presidential candidate!) did eventually free his slaves. Thomas Jefferson, however, did not.

    35. Re:Welcome to the Police State by gilroy · · Score: 5, Interesting
      Blockquoth the poster:

      That's an exaggeration to make the point, but I think we can be a little flexible and recognize when very practical problems need a resolution, like terrorists using lawyers to plan their next attack. If we ever caught bin Laden and put him in jail, does anyone doubt that is exactly what would happen?

      Um, I doubt it. I think many sane people doubt it. Do you think that guys like that will ever assume they are not being bugged, no matter what constitutional guarantees are declared? The effect of this is to chill attorney-client privilege in all cases for no demonstrable gain. The power to monitor exists already... it's just locked behind that quaint, old-fashioned stumbling block, judicial oversight .


      The DOJ is proposing limiting a time-honored and well-established right. It's doing so despite the existence of mechanisms to achieve the stated ends. It's doing so without offering a single instance wherein this behavior has occured. It's doing so without offering a single instance wherein the new rules would have prevented a terrorist act. I believe it's reasonable to ask for proof and evidence before sacrificing a constitutional guarantee, even in a small way.

    36. Re:Welcome to the Police State by cpt+kangarooski · · Score: 1

      My mistake. Clearly I only know a little German, and he's not here. ;)

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    37. Re:Welcome to the Police State by Tony-A · · Score: 2, Insightful

      The constitution is not worth a damn if our freedom and liberty is taken away by external enemies.
      Is the constitution worth any more if our freedom and liberty is taken away by internal enemies?

    38. Re:Welcome to the Police State by jake-in-a-box · · Score: 1

      Actually, I think the real reason for this is that Ashcroft hasn't been able to come up with anything better. Neither have I, have you?

      It has been said by the "pundits" that the FBI is stuck in a rut investigating the 9/11 incident, when it should be out trying to prevent the next one. I think that is accurate. But there is no well-drawn roadmap for dealing with this.

      Not to say this is the right way, though I can think of situations where the policy may be essential, I just haven't got a better idea.

      --
      To hear the gods laugh tell them your plans.
    39. Re:Welcome to the Police State by Baby+Duck · · Score: 0

      The constitution is not worth a damn if our freedom and liberty is taken away by external enemies. Personally, I like my freedom and liberty.

      How can we have freedom and liberty if the protectors of freedom and liberty strip it away from us in the fight for those very things? It's like killing your mother to ensure no one else can kill her.

      If freedom and liberty has to be seriously curtailed to maintain it, then it's not worth fighting for.

      George Washington had trouble finding enough food to feed his army to fight the British. When he asked Congress for help, they suggested stealing food from local farmers. Washington declared that if he had to steal from his own countrymen, then there was no reason to even fight. America did not deserve to be founded on such horrible principles. He said this despite having dozens of defectors a day, being garrisoned during one of the coldest and harshest winters, and not having enough clothing for all his men.

      --

      "Love heals scars love left." -- Henry Rollins

    40. Re:Welcome to the Police State by Anonymous Coward · · Score: 0

      I think we need to remeber that the Bill of Rights
      was written during wartime.
      The founding fathers thought that a little safety
      was a small price to pay for freedom.

    41. Re:Welcome to the Police State by Anonymous Coward · · Score: 0

      That was then this is now. Back then we knew the brits were the enemy, knew where they were, and knew where to hit. Now, today, we have these goddamn immigrants who are granted the same rights as the *citizens* of this country, who walk among us and appear to obey the law of the land, only to attack hugely, viciously, and atrociously.

      Ya know what, betcha if this happened back in the days of our founding fathers, we would have seen an immigrant hunt like to other.

    42. Re:Welcome to the Police State by AbsoluteRelativity · · Score: 1

      While I believe you are paranoid, I think it more likely to turn into another hiroshima if we keep going the direction we are going. We are literarly provoking not just terrorists, but other anti-united-states sentiment. Normaly when a foriegn country/government gets nuclear weapons they in part become *actually* sovereign, that is other nations are less likely to fight with them, and if they do they will never escalate to a point where either side decides to use nuclear arsenal. This is why our government was freakishly trying to prevent the USSR China etc from having nukes, it makes the US less powerful, it means the US has less clout and must deal with others in order to get things done, rather then be able to threaten others with nuclear weapons. But the more our government over reacts at the presence of more and more nations getting nuclear weapons (we now have India, Pakistan, Israel, Iran, China, etc) either creating their own or buying them on the black market (russia is missing several of them), and the more it starts attacking (Iraq, Afganistan, etc) or promotes attacks of other countries (Israel) the higher the chances we will see a hiroshima or another vietnam.

      Right now its not to bad, but it could easily have a turn for the worst, and the longer this "war" takes, the more likely it will turn bad.

      But again, all the propoganda on the TV tries to suggest this is about freedom, but at the same time they are chipping away at OUR freedom and pointing fingers at the terrorists while they do it. This is opertunism at the highest levels. After the WTC attack, we saw people looting stores, we heard about people scamming donations, and even people increasing the prices on flags, all pure opertunism, and politicians are doing the same thing, taking this opertunity to destroy what little balance in power we had. They do the greatest dishonor to the dead then any one else, they use the dead as an excuse to take away the balance of power that kept our country in favor of freedom.

      --
      disclaimer : My views do not represent those of every one else in slashdot.
    43. Re:Welcome to the Police State by AbsoluteRelativity · · Score: 1

      > The constitution is not worth a damn if our freedom and liberty is taken away by external enemies. Personally, I like my freedom and liberty.

      That doesnt work, your enemies simply attack you from the inside rather then the outside.

      -

      --
      disclaimer : My views do not represent those of every one else in slashdot.
    44. Re:Welcome to the Police State by Anonymous Coward · · Score: 0
      If we ever caught bin Laden and put him in jail, does anyone doubt that is exactly what would happen?

      Umm, he won't ever reach jail. You have already legalized his assassination.

      You people are the biggest joke on the face of this planet.
    45. Re:Welcome to the Police State by platypus · · Score: 1

      Show me where, in the Constitution, one has a right to private communication with one's lawyer.

      I'm not an us citizen, but show me where in your constitution it is explicitly forbidden to make a law that muslims have to wear visible yellow signs on their clothes.

      No, nobody want's to do that, but it shows your argument is wrong.

    46. Re:Welcome to the Police State by msaavedra · · Score: 2
      Show me where, in the Constitution, one has a right to private communication with one's lawyer.

      Just because a right in not specifically mentioned in the Constitution does not mean that it is not an actual right. Try reading the 9th amendment, which deals with this situation. Of course, some might say that the 5th amendment protection against self-incrimination covers this situation as well.
      --
      "Any fool can make a rule, and any fool will mind it."
      --Henry David Thoreau
    47. Re:Welcome to the Police State by redhog · · Score: 2

      There is no point defending a _non-existent_ freedom.

      If you give away all your freedom not to have it taken away, what have you won?

      Btw, do you know that the US recently published a list of private persons who they think are "terrorists"; without any proofs, or even indications of that, and that several named Europeans are really unhappy, and that thy have written newspaper articles? Eauropeans with nothing to do with e.g. bin Laden? That ordinary citizens here have filed lawsuits against airline companies who refuses to take them aboard as the look a bit arabic?

      People are loosing their freedom, in the name of freedom!

      --
      --The knowledge that you are an idiot, is what distinguishes you from one.
    48. Re:Welcome to the Police State by sminra · · Score: 0

      "...that 9/11 really happened"

      Aaand, you think you know what really happened 9/11? Take, for example, just one 'fact' that 'everybody knows': Everyone is quoting the figure of 6,000 dead.

      Guess what? It's a god-damned lie. As of Oct 15, the NYPD had 2,500 confirmed dead. The Red Cross estimated slightly under 2,600 total.

      The fact that this is relatively unknown should raise some questions about fairness and accuracy in western reporting.

      The Truth? You can't handle the truth!
      emperors-clothes.com

    49. Re:Welcome to the Police State by keefebert · · Score: 1

      That comment was made in regards to the recent technology that allows for DNA testing, which then allows the innocent to be set free. If I made that comment 10 years ago, it would be invalid, but I made it now. We can't say the Judicial System was wrong for not having DNA testing when these people were convicted a while ago. Now they have it, and they use it, and that limits false convictions. Also, we are talking about terrorist suspects here. DNA would have a small, maybe non-exisitant, roll here. The bottom line is that listening to phone messages and reading email will not help put a detained suspect in jail. And remember, the number of guilty who are set free strongly outweighs the innocent proven guilty. You might want to patch up that bleeding heart.

    50. Re:Welcome to the Police State by WNight · · Score: 2

      I think that kind of thing is covered under freedom of religion. If you have to mark yourself as a believer in an unpopular religion and might suffer violence as a result, you're not really free to practice your religion.

      Much like passing a law saying that people saying unpopular things need to speak in some obscure language. Technically it'd still let them say what they want, but it would artificially reduce the potential audience much the same as if you forbid them to speak.

      I think both would be found to violate the constitution.

      (But I'm not from the US either, so I haven't studied constitutional law much.)

    51. Re:Welcome to the Police State by SidVicious · · Score: 1
      important and very practical application to our current situation. If it gets abused in some way, then we'll change it and fix it.

      No we won't, congress will. Yes we vote them into power, but it don't mean congress will reject it in 4 years if it is being abused. One would hope it would. But it dosn't mean it will. We don't have a TRUE democarcy here. We don't get to pick and choose.
      They say we learn history so we are not doomed to repeat it. We are respeating it. And there was a reson why such laws were put into place in the fist place, becase they were abused.....
      --
      -Sid
    52. Re:Welcome to the Police State by Debillitatus · · Score: 1
      Show me where, in the Constitution, one has a right to remain silent, a right to seek a safe and legal abortion, or the right to use birth control.

      Well, the first one, I would say that's covered by the 1st and 5th amendments, depending on the situation. Or not covered at all, in other situations. For example, if it is proven in a court of law that you have evidence of a crime (or you have even been served a subpoena), you are forced to testify or you'll be held in contempt. For example, see here for Cal. Gov. Code 9405. In no sense do you have a "right to remain silent" if you have information about a crime. There are cases where you can remain silent, for example the 5th amendment says you don't have to incriminate yourself.

      As for the others, it is not clear that these are Consitutional rights, to me, at least. Even being pro-choice, I'm not sure the reasoning in Roe v. Wade is anything but contrived. And given the tenuous support it has in the High Court today, I'm not alone. Of course, I won't say this too loudly, because, hey.

      In general, though, I think it would be disingenuous for someone to declare the death of the US Constitution because they were restricted access to birth control or abortion. This was my original point, that, whether these things should be around or not can be debated, and just because something we are used to goes away, it is not a sign of the demise of the Constitution.

      Well, to be honest, you can't. It takes some ... eh... "interpretation". But that doesn't make these rights any less "Constitutional". That's because the true Constitution-of-the-USA is more than just the document referred to as "the Constitution".

      This is a good point. That being said, it's not even clear to me what in the Constitution should be interpreted as a right to privacy in this situation. If you're a prisoner, you certainly don't have the right to privacy when communicating with any other member of the outside world. For an even more egregious example, you don't even have the right to keep the inside of your body, even yo acehole, private [insert goatse.cx joke here]. Since the courts have been very happy to restrict prisoners' right to privacy, it is just as reasonable to not consider this "right" as "Constitutional".

      Bet your bottom dollar this will be a US Supreme Court case.

      Here we definitely agree.

      --

      Come on, give it up, that's

    53. Re:Welcome to the Police State by remande · · Score: 2
      Show me where, in the Constitution, one has a right to private communication with one's lawyer.


      Sure.


      Sixth amendment to the US Constitution:


      In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.


      One cannot have the assistance of counsel for one's defense if one cannot speak freely with said counsel. That's why we have such things as "attorney-client privelege", so that you can speak with your attorney and know for certain that the attorney isn't going to come right back and screw you around with the information you gave him. Putting a third person (who is not on the defendant's side) in the loop prevents the defendant from saying certain things to his attorney. This in turn interferes with his guaranteed assistence of counsel.

      --

      --The basis of all love is respect

    54. Re:Welcome to the Police State by Anonymous Coward · · Score: 0

      While it's true that terrorists don't use lawyers, who says that the Justice Department is solely an agency to go after terrorists. It also handles many other types of crimes (many with criminals who do use lawyers).

      So, your point about it not harming terrorists, while valid, is irrelevant.

    55. Re:Welcome to the Police State by snilloc · · Score: 1
      By "right to remain silent", I was of course referring to the Miranda right to remain silent, and you could tack on the right to be informed of one's Miranda rights, just for shits and giggles.

      As for the others, it is not clear that these are Consitutional rights, to me, at least. Even being pro-choice, I'm not sure the reasoning in Roe v. Wade is anything but contrived. And given the tenuous support it has in the High Court today, I'm not alone. Of course, I won't say this too loudly, because, hey.

      Yes, these rights are Constitutional rights. But "Constitutional right" != "absolute right". Basically, if the Supreme Court says it's a right, it's a Constitutional right. This can change, of course - and then it wouldn't be a Constitutional right... pretty much leading me to the conclusion that the Court can change the Constitution quite a bit. Legitimacy is an illusion, (though it is a nice one). Get over it.

      Having said that, I think the combination of (1) the established Constitutional right to adequate legal representation, (2) The 5th Amendment right against self-incrimination, and (3), the the general issue of privacy that was used to establish Griswold and Roe tells me that there ought to be a pretty strong right to privacy regarding communication with one's lawyer.

    56. Re:Welcome to the Police State by MdeG · · Score: 1
      "if I made that comment 10 years ago, it would be invalid"

      No, your're missing the point. Its only because of DNA testing that we know many people were innocently convicted. Its not about DNA, its about an imperfect justice system: ie one where you may not be safe if indeed you are innocent.

      Thre point is that dramatically increasing the relative strength of the prosecution will increase the possiblity of innocent people being convicted.

      These measures came about slowly through legal precedent, based on constitutional amendment. Suddenly reversing such legal lessons will almost certainly result in 'bad' law.

      Matthew

      --
      ...weaned, as it were, on the webs of ritual... (Mervyn Peake)
    57. Re:Welcome to the Police State by armb · · Score: 1

      > It's akin to having a Drug Fuhrer

      Or, closer, a Drug Kaiser. But poor name choice doesn't necessarily mean the post is going to involve an abuse of power.

      --
      rant
    58. Re:Welcome to the Police State by macdaddy · · Score: 2

      So to balance that ivory tower that we live in, you think it's acceptable to squash the very liberties on which this country was founded on? History does have a tendency to repeat itself. The only place to go now is outer-space.

  3. This should not be that surprising by peripatetic_bum · · Score: 5, Interesting

    I dont know if you know this, but the I remember the 'BAR' made a new resolution that if a lawyer knows his 'client' is actively breaking the law that he needs to report him. It seems that there seems to be a shift from the wildly permissive atitude of a lawyer-client privacy to a more balanced view, but if this CNN report is true, then who isnt safe from being 'listened' in on, without any due process.

    --

    Sigs are dangerous coy things

    1. Re:This should not be that surprising by Gerad · · Score: 1

      Really? I don't have a source to cite, but I believe I read in either the NYTimes Magazine, Time, or NewsWeek, that the BAR Association only made a resolution that if they know someone's LIFE is in danger, they are forced to report them.

      --
      Be the Ultimate Ninja! Play Billy Vs. SNAKEMAN today!
    2. Re:This should not be that surprising by cpt+kangarooski · · Score: 1

      Total nit, but it's 'Bar,' not 'BAR.' It doesn't stand for anything; it's not an acronym.

      Rather the bar is the little dividing wall in a courtroom that seperates the gallery where spectators can sit from the working area where the judge and lawyers are. That they've passed the bar fundementally means that they can pass that bar in the courtroom and participate.

      There are also multiple Bar Associations... you're probably thinking of the ABA, which is the most significant nationwide one.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    3. Re:This should not be that surprising by srvivn21 · · Score: 5, Insightful

      Three things...

      1) Anyone who is not a federal inmate is safe. For now.

      2) "inmates being held must be told of the monitoring"

      3) "Such monitoring...has been allowed in the past through court order."

      This is not the giant sweeping step torwards a police state that many are making it out to be. More it's a baby-step, or even a subtle side step torwards said police state. Incremental changes do need attention brought against them, but incremental changes call for moderate reaction. If you go shouting "Ahhhhh! Police state! Police state!" at every little reduction of liberty, most people will become desensitized to the reaction.

    4. Re:This should not be that surprising by Anonymous Coward · · Score: 0

      I feel like pulling out that old saw about the german doctor who saw nazis taking away groups of people who disagreed with the govt, just to make a point about the wisdom of not saying anything...
      ...but apathy and confusion is taking it's toll on me and now it's just easier to ingore it and hope sanity prevails....

      Is that a knock on MY door???

    5. Re:This should not be that surprising by Anonymous Coward · · Score: 0

      Pull it out. Won't hurt me none. I'm not saying there should be no response at all. I'm just saying that there should be moderation in response. Read the post again.

      AC 'cause I didn't think this was worth logging in for.

    6. Re:This should not be that surprising by dhogaza · · Score: 3, Insightful

      Removing judicial oversight is a *huge* step.

      Think about it. Justice will have no problem getting a federal judge to grant them that right in today's climate for today's terrorist suspects. They can get it in a matter of hours, and the suspect's in custody and ain't going anywhere for a bit anyway.

      The AG has given us no evidence that the courts have hindered them in any way in their efforts to investigate this act of terrorism, past acts of terrorism, or any acts that may lead to future terrorism.

      Ashcraft's taking advantage of the situation to remove judicial oversight because he knows that he can get away with it in today's climate. And can then proceed to use it in those cases where a federal judge is likely to say "no". Cases where it is unwarranted, in other words, and cases not connected to recent terrorist events...

      If you don't think the goal is to eventually gain the right to monitor client-attorney communications for *all* suspects in jail, you're smokin' something far too strong to be good for your mental health...

    7. Re:This should not be that surprising by Anonymous Coward · · Score: 0

      taking lots of little baby steps towards a police state will get us there just as fast as one giant step. The only difference is that stupid people dont care about baby steps.

    8. Re:This should not be that surprising by Anonymous Coward · · Score: 0

      Pull it out. Won't hurt me none


      Taco's 2" prick ain't gonna hurt nobody!

    9. Re:This should not be that surprising by smilinggoat · · Score: 1

      If you go shouting "Ahhhhh! Police state! Police state!" at every little reduction of liberty, most people will become desensitized to the reaction..

      you think this hasn't already happened? in the last election a town near mine, in santa barbara, broke off from the city of santa barbara in an initiative to start their own city. it passed but only 18% of the community voted to become its own city. 30% of the voting-age population voted. the rest were completely apathetic over what city they lived in.

      the majority have been desensitized to any sort of reform that nobody even cares enough to vote any more on issues they have to directly live with.

    10. Re:This should not be that surprising by cafall · · Score: 1

      1) The government's evil.
      2) Microsoft's evil.
      3) The sky is falling.
      4) Wolf!

      (1) and (2) are as true as (3), with the effect of (4).

      Neither the gov't nor Redmond are evil, but they can definitely be bad for our health.

      Besides, we're all so scared of having our rights revoked that we give convicted felons more rights (and privileges...and TV) than the man on the street.

      The _only_ upshot of this is that when the inmate loses TV privileges, we have know it's time to start worrying about _our_ privileges.

      Does this sound like a waste of time and money to anyone else?

    11. Re:This should not be that surprising by diadem · · Score: 1

      No, you are wrong. This is a step in a very bad direction. The door has been opened and it can never be closed again. If you can't be honest with your lawyer becuase you could be monitored, you have no real freedom. Your laywer is soposed to defend you. He or she can't do that if you can't talk to him freely.

      Its an old saying that you can judge a society by how it treats its inmates. This totaly strips them of many basic rights.

      Also, it sets a horrible president. If its ok for inmates, then when it creaps to the next level on the ladder then this can be used an example of why it is already a legal law.

      Turning a blind eye to something that jerpdises your freedoms is foolish and you deserve whatever consiquences will occur from your apathy.

      --
      Liquid Gaming - Your daily dose of gaming news
    12. Re:This should not be that surprising by Catbeller · · Score: 2

      "the majority have been desensitized to any sort of reform that nobody even cares enough to vote any more on issues they have to directly live with. "

      I agree about the apathy and its consequences: I take issue with the denial of our culpability for them.

      The public has not "been desensitized". It was never sensitive, not ever through our country's history. It took brave men and precious few of them to fight for the rights inherent to all of us, and those men and women had to fight, fight the ignorance and apathy, greed and cynicism of their countrymen at every step.

      Ignorance and bad thinking is endemic in our culture. Why are geeks geeks? Because they were the smart ones, the ones WHO READ A FRIGGIN' BOOK instead of watching sports or similar crap.

      Remember "Tom Sawyer"? Remember the class plotting vengeance on the Smart Kid who made them all look bad? This is our history.

    13. Re:This should not be that surprising by balthan · · Score: 1

      The jocks used to beat you in school, huh?

  4. Why I am not against this by Calle+Ballz · · Score: 0, Troll

    I have no opposition to this at all... because they're PRISONERS. As far as I'm concerned, they have no rights whatsoever. They are the ones that violated OUR rights in one way or another... they're punishment is they're rights stripped from them. Privacy & Liberty... two rights I don't think prisoners should have at all.

    1. Re:Why I am not against this by cakestick · · Score: 2, Insightful

      ...innocent until proven guilty. sure, most might very well be guilty, but you can't generalize like that. prisoners deserve rights while they're going through the judicial process, because they're not yet guilty.

      --
      I'm not here. This isn't happening.
    2. Re:Why I am not against this by Swaffs · · Score: 1

      What happened to being innocent until proven guilty?

      --

      --
      "Karma can only be portioned out by the cosmos." - Homer Simpson [1F10]

    3. Re:Why I am not against this by phigga · · Score: 1

      So......what ever happened to 'innocent until proven guilty'? They're prisoners during detainment, yes, but it's not certain that they've done anything. This is the equivalent of taking away someone's rights because "we think you've done something wrong".

    4. Re:Why I am not against this by Shimmer · · Score: 1

      [Assuming optimistically that you're not a troll.]

      Are you not familiar with the concept of "presumed innocent until proven guilty"? I know it's a bit out of fashion these days, but still...

      -- Brian

      --
      The most rabid believers in American Exceptionalism are the exact same people whose policies are destroying it.
    5. Re:Why I am not against this by coyote-san · · Score: 5, Informative

      Hello, former Attorney General Ed "by definition, all suspects are guilty" Meese!

      We are not talking about people convicted of a crime. We are talking about people who have been DETAINED pending trial... possibly even without formal charges filed yet. These are people who can't make bail, who are considered flight risks, etc., but not convicted of any crime.

      And while there are some practical reasons to support this change (esp. if the DoJ establishes a "wall" between the people who listen to these conversations for insight into future acts of terrorism and those who prosecute the individuals for any crimes previously committed), it has one huge constitutional drawback - it establishes two standards of treatment for defendants. If you're detained, the DoJ can eavesdrop on your conversations with your lawyer. If you can post bail, they can't. (Think they'll be able to bug lawyer's offices? ha ha ha ha!)

      --
      For every complex problem there is an answer that is clear, simple, and wrong. -- H L Mencken
    6. Re:Why I am not against this by Calle+Ballz · · Score: 2

      I guess I misunderstood the article. for some reason I was thinking about those who were tried & convicted. I believe that if it has been proven that you are indeed guilty of committing a crime, you have no rights.

      I have always thought that it is immoral to keep those who are awaiting trial detained. Those who who have to withstand the sometimes lengthy trial process suffer for no reason. So please, disregard my parent post.. those who have not been proven guilty DESERVE their rights.

    7. Re:Why I am not against this by Anonymous Coward · · Score: 1, Informative

      It seems apparent to me that you did not read the article or at least understand the full implications. This proclimation by Ashcroft allows the DoJ to listen in even on conversations between lawyers and detainees who have not even been charged with a crime yet. Its a fairly blatant threat to the 5th ammendment and our right to free counsel, and borders on entrapment. I'd say that it is fairly clear Ashcroft wants to turn the US into a police state.

      -Klep

    8. Re:Why I am not against this by legLess · · Score: 2

      Yowza, I don't think I want to live in your world. Here's a clue, pal: not everyone in jail is guilty. Quite often, in fact, people are jailed only briefly and then released. Sometimes people are tried and (*gasp*) not convicted, which according to our system means that they weren't guilty in the first place.

      Are you trolling, or do you really mean to suggest that every single person suspected of a crime should have all their rights stripped before they're convicted of a thing? That all citizens should, in effect, be judged guilty until proven innocent?

      --
      This isn't as much "normalization" as it is "don't take so many drugs when you're designing tables."
    9. Re:Why I am not against this by ConsumedByTV · · Score: 3, Informative
      Well I disagree with you. I think people are innocent untill proven guilty. Hey thats amazing, so did the people that founded our country.
      Its great that I have the right to say this isnt it? Well along the same lines, I have some other freedoms, that the government is supposed to protect (not provide mind you), as well. See these if nothing else:

      This is a clear abuse of power against our rights.
      Pull your head out of the police state cloud, a loss of freedom does not ensure greater safety in general for the populace.
      --


      "Not my manner of thinking but the manner of thinking of others has been the source of my unhappiness." - M
    10. Re:Why I am not against this by Anonymous Coward · · Score: 1, Troll

      The amazing thing is how badly your arguement plays out in the real world.

      Only a small percentage of those who commit crimes are arrested and prosecuted.

      Those who are arrested are those the police make the decision it's worth arresting, i.e. those who it's damn well likely have committed a crime.

      People know this. Ordinary people. They don't buy your BS about "oooh, think of the poor innnocent street thugs."

      Better get a clue. There's a real world out there waiting.

    11. Re:Why I am not against this by Si · · Score: 1

      Come talk to us again when you stop being 15, and stop seeing the world in such stark contrast.

      --


      Why is it that many people who claim to support standards have such atrocious spelling and grammar?
    12. Re:Why I am not against this by Anonymous Coward · · Score: 3, Insightful

      People have rights because they are human, not because they have been found not guilty. Humans have rights as defined per the bill of rights or other wonderful US declarations that are for everyone as humans. As rights. So fuck you for supporting this police state to come. This isnt america anymore this is America (TM) thanks to dickheads like you.

    13. Re:Why I am not against this by Calle+Ballz · · Score: 3, Informative

      Please see this post, I reneged what I had said in total error. I was speaking out of ignorance.

      http://slashdot.org/comments.pl?sid=23590&cid=25 46 469 for the goatsex weary

    14. Re:Why I am not against this by Absynthe · · Score: 1

      So we are just going to skip the trial part? Dear God, have you lost your mind? Remember when we kept getting told this whole thing was a struggle between civilization and barbarism? Well, holding prisoners indefinately and denying them attorney/client privelege takes us back about to the dark ages.
      If this their answer, the terrorists can stay home from now on. We took care of that whole civilization thing.

    15. Re:Why I am not against this by ruvreve · · Score: 1

      I agree! However, after they have served their time and gotten out, I think they should be given every single right back. While in prison you should be under constant control by the government. This is assuming they haven't commited such a heinous crime that disqualifies them from parole or release.

    16. Re:Why I am not against this by Si · · Score: 4, Insightful

      i.e. those who it's damn well likely have committed a crime.

      You misspelled 'those who it's damn well likely the police can make a profit from the arrest of.'

      HTH

      --


      Why is it that many people who claim to support standards have such atrocious spelling and grammar?
    17. Re:Why I am not against this by fireduck · · Score: 1

      A number of the detainees aren't being held on any sort of charge, but rather are being held as material witnesses. so much for innocent people and their rights...

      What's even worse is that no one really knows how many people are still being detained in this manner.

    18. Re:Why I am not against this by mgv · · Score: 1

      Actually, you don't know that.

      They should have the presumption of innocence.

      Those who feel otherwise should try living in a police state.

      Those who feel a police state is an improvement should stay there.

      Michael

      --
      There is no cryptographic solution to the problem where the intended receiver and the attacker are the same entity.
    19. Re:Why I am not against this by Anonymous Coward · · Score: 0

      I have no opposition to this at all... because they're PRISONERS. As far as I'm concerned, they have no rights whatsoever. They are the ones that violated OUR rights in one way or another... they're punishment is they're rights stripped from them. Privacy & Liberty... two rights I don't think prisoners should have at all.

      Let's say you are accused of a crime. There's a good chance you will be arrested if the charge is serious enough. Evidence doesn't matter yet, that doesn't come until the trial. The trial could be a year or more down the road. All that matters now is that you are arrested and a prisoner.

      Hmm... I guess you deserve no rights? Hell, you've been accused... let's just execute you.

    20. Re:Why I am not against this by 7dragon · · Score: 1

      Assholz like you are the reason why our government must be constrained. Kevin Mitnick was a prisoner too. In what way did his freedom pose a threat to society?

      What if anybody who is a "hacker" as the press misuse the word were accused and then jailed based on some non-crime. Yeah, by the simple act of downloading a copyrighted MP3 and being traced, you could be jailed first for an indeterminate period of time. I don't care what you think. It's about what is the law and how do you make sure that law enforcement (The Executive Branch) abides by the law when arresting you?

      You sir, are an idiot and your opinion is not fit for public consumption. You display a unique short-sightedness and selfishness I have not seen
      since a blind sow sat in the middle of the interstate interrupting traffic until the semi tagged her.

      Moron.

    21. Re:Why I am not against this by sphealey · · Score: 2
      I believe that if it has been proven that you are indeed guilty of committing a crime, you have no rights
      Um, no. When you are convicted of a crime, some of your rights are restricted or taken away. However, you do not lose all rights, nor do you lose the ability to petition a court for redress of grievences.

      At least, that's the way it used to be...

      sPh

    22. Re:Why I am not against this by MacJedi · · Score: 1
      People have rights because they are human, not because they have been found not guilty

      Amen.

      It's not often that I find myself agreeing so strongly with an AC, but now is one of those times! The concept of Human rights is one of those crucial ideas that practically all of modern civilization is based on. I just assume that everyone understands this and then get shocked (with disturbing frequently) when someone in a developed nation (with internet access even!) clearly has yet to grasp it.

      What hope have we for the Taliban to understand human rights when there are slashdotters that don't even understand them.

      /joeyo

      --
      2^5
    23. Re:Why I am not against this by humanerror · · Score: 1

      Nitpick: It's innocent unless proven guilty...
      </pet peeve>

      --
      "We're an apex predator with the fecundity of a base level herbivore... We're a virus with shoes..." RazorJAK
    24. Re:Why I am not against this by mmontour · · Score: 1

      or some reason I was thinking about those who were tried & convicted. I believe that if it has been proven that you are indeed guilty of committing a crime, you have no rights.

      That's a load of crap, for two reasons.

      1) Wrongful convictions. If you look here you will see several cases of people jailed for murder, and released years later when they were found to have been innocent of that crime (thanks to advances like DNA testing). These are Canadian cases, but I'm sure there are American examples as well; hopefully they all lived long enough to take advantage of their overturned conviction.

      2) Bad or arbitrary laws. People can be locked up in one area for behaviour that is perfectly acceptable in another area (e.g. drug and alcohol laws in Netherlands vs. USA vs. Saudi Arabia, the Dmitry/DMCA thing, or those quaint areas where certain sexual acts between consenting adults are illegal).

      In both cases, I believe the person involved does NOT automatically lose all of his rights once he's convicted. The person in the first case has a right to say "I didn't commit this crime", and the person in the second case has a right to say "What I did shouldn't be a crime". Take those rights away, and you're heading down a *very* slippery slope. [rather than invoke Godwin's law, I'll stop here]

    25. Re:Why I am not against this by Johnboi+Waltune · · Score: 1

      Somebody mod this to Troll, PLEASE!!!!!!

      --
      "The advanced societies of the future will be driven by competing systems of psychopathology." -JG Ballard
    26. Re:Why I am not against this by Tackhead · · Score: 3, Insightful
      > it has one huge constitutional drawback - it establishes two standards of treatment for defendants. If you're detained, the DoJ can eavesdrop on your conversations with your lawyer. If you can post bail, they can't. (Think they'll be able to bug lawyer's offices? ha ha ha ha!)

      Huh? We just passed the laws that would let us bug the lawyers' offices. (Think about the implication of "roving wiretap" on a suspect - and the idea that you might want to "wiretap" the things he says using vocal cords and air as a transmission medium. In order to minimize the risk of accidentally infringing upon the lawyer's right not to be wiretapped, you use some sort of voiceprint tech to record only the criminal's voice, not the voice of his lawyer, or the voices of the lawyer's other clients.)

      Or did all landsharks suddently become counterintelligence experts, equipped with s00per-s33kr1t goggles of bug-detection?

    27. Re:Why I am not against this by mgv · · Score: 1

      Even if you are convicted, you have rights.

      The priciple here is that even if you do something wrong, you generally are and could be again a useful member of society.

      Most crimes are pretty low level, inconsequential stuff. A few are major.

      Even if the person is guilty of somthing serious, eg., major theft, doesn't mean that they should lose all their rights.

      I'm sure you understand this too. You aren't seriously suggesting that it would be ok to, for example, break the arms and legs of someone because they stole some money, are you?

      Really, only the worst of offences deserve the worst of punishments.

      Very few people have never broken the law. Probably no one by the time they become adult. I mean, you have never run a red light? Always returned the extra money back when you were given too much change back from a purchase? (If you did this knowingly, its pretty close to theft!).

      But these are MINOR crimes, and we would have to lock up everyone to deal with them. For which there is no need, and no real threat to society. Except if you try and introduce a police state to deal with it.

      Think it through.

      Even if you commit a crime, you should still have rights.

      Michael

      --
      There is no cryptographic solution to the problem where the intended receiver and the attacker are the same entity.
    28. Re:Why I am not against this by Tackhead · · Score: 3, Insightful
      > Sometimes people are tried and (*gasp*) not convicted, which according to our system means that they weren't guilty in the first place.

      No, it means they would have been convicted, had the prosecution been aware of the defence's legal strategy in advance.

      ("Your Honor, we present this tape, during which the defendant admits responsibility for the crime to his landshark, and proposes an insanity defence. We're filing charges against the lawyer for harboring a fugitive, on the grounds that a lawyer, once he becomes aware of the guilt of his client, must either withdraw from the case or turn the fucker in!")

    29. Re:Why I am not against this by knarf · · Score: 1

      Scuse me...

      They might be prisoners, but as long as they are not convicted they're only *suspected* of commiting a crime. That's what they employ those lawyers for in the first place, to defend them in a court of law. Now of course, lawyers being what they often are (for sale), it will be interesting for the prosecution to know what is discussed between the lawyers and their clients.

      But what now if the person in jail is really not guilty of any crime you and I would label as such, and is just 'guilty' of opposing (someone in) government, or someone who has power over said government? Would you label such a prisoner a 'criminal'? And would you want the government to have these means to convict said person? Remember, if you want to beat a dog, you'll always be able to find a stick somewhere...

      --
      --frank[at]unternet.org
    30. Re:Why I am not against this by Anonymous Coward · · Score: 0

      Just to clairify its both. One is just a general statement of the other.

    31. Re:Why I am not against this by Tackhead · · Score: 2
      > They should have the presumption of innocence.
      >
      > Those who feel otherwise should try living in a police state.
      >
      > Those who feel a police state is an improvement should stay there.

      And if 200 million out of 300 million Americans are already convinced that a police state is an improvement, then what?

      Easier by far, methinks, to relocate or re-educate the 100 million in the minority.

      Of the minority, I would suspect that 90% or more can be trivially pacified by just waiting a year or two (c'mon, how many of you American Slashdotters left the country due to Clipper, CDA, COPPA, DMCA, and of the 99% of you still here, how many will leave due to the upcoming SSSCA?).

      This leaves only a hard core of, at most, million or so unreliable elements for increased surveillance to identify and eliminate the few thousand who actually present any threat.

      Not pretty, but considering the body count racked up by states which tried it achieved before the availability of widespread high-tech surveillance, nowhere near as ugly, nor as disruptive to the economy, as it would have been even in the J. Edgar Hoover era.

    32. Re:Why I am not against this by Anonymous Coward · · Score: 1, Insightful

      There's also a thing like political prisoners. That's the kind of prisoners with no rights at all. You don't actually have to do anything wrong (in a legal sense) to become one. And yes, there will be lots of political prisoners in the USA shortly. They can be held indefinately on vague accusation of terroristic acts. I should point out that this is also the kind of terminology used in countries like China.

      Idiots like you are actually cheering while the last remains of what once was a free country are erased from history. The new laws are for your protection. Uncle Sam knows what's best for you. If you say otherwise, you are being politically incorrect. We can't have that, can we? Maybe we should lock you up! Anything you say (even to your lawyer) will be used against you. Of course your lawyer has the legal obligation to actually tell if they actually miss part of the conversation and you guessed it, anything he sais, can be used against you.

      More innocent afghans have died because of US military actions than were killed on 11 september. The current military situation is way out of control and Bin Laden is laughing his ass of. Saying so is unpatriotic and politically incorrect. You won't see it broadcasted on CNN but that doesn't change anything about reality. B52's are an excellent means for precision bombardments: nothing survives in few hundred meter radius from where the bombd fall, saying otherwise is politically incorrect. Who will miss a few 100K afghans? Right: nobody gives a shit. George Bush saves the day, gets reelected walks away as a hero. A true american hero. It makes me sick.

      The dead kennedies said it nicely on one of their records: "bedtime for democracy". Privacy and liberty, a right no american currently has. Glad I'm not one of them. I can still say this out loud in europe. I won't lose my job over it, some people will actually agree with me in public. However times are changing here too and I'm posting anonymously.

    33. Re:Why I am not against this by baudbarf · · Score: 1

      I would have agreed with you once, long ago.. but consider this:

      If you let the rights of a "detainee" or "prisoner" decay, under the rationalization that,"Hey, they're prisoners - they broke the law, they forfiet their rights!", you'll regret it when one day the United States has slowly broadened their definition of "illegal" or even "questionable" to include things you do in everyday life; at which point you'll be arrested and YOU will be the very prisoner that you spoke out against.

      For instance, look at the story of Brian West - He did NOTHING illegal, but was picked up by the FBI.

      In the late dawn of the computer age; our judicial system is STILL very illiterate in the ways of the Internet; and could easily be persuaded by our "honorable" federal agencies that Brian's was an act of TERROR; therefore opening him up to all sorts of violations of his rights under our new laws.

      This is why, unfortunately, prisoners must have rights - because they might have broken no laws; but they did something that left a bad taste in the government's mouth.

      --
      You can run but you can't hide, except, apparently, along the Afghan-Pakistani border.
    34. Re:Why I am not against this by Anonymous Coward · · Score: 0

      A lot of fine men and women died defending those rights you are so willing to throw away. Anyone calling for the erosion of those hard won rights is an ally of the terrorists and real Americans know what to do with you. Mercy will not be given to traitors. Your're fear will not be a mitigating factor.

    35. Re:Why I am not against this by jazman_777 · · Score: 1
      I have no opposition to this at all... because they're PRISONERS. As far as I'm concerned, they have no rights whatsoever. They are the ones that violated OUR rights in one way or another... they're punishment is they're rights stripped from them. Privacy & Liberty... two rights I don't think prisoners should have at all.


      Yeah, I say give them a fair trial, and then shoot them.


      Mr. Ballz: Useful Idiot for the State.

      --
      Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
    36. Re:Why I am not against this by Anonymous Coward · · Score: 0

      No, they are not "Prisoners".
      They are detainees. "Prisoners" are people who have been convicted of a crime by a jury of their peers. Detainees used to be anyone that any officer of the court (judges, lawyers, cops) could state "specific and arguable facts" about leading to the suspicion that they had committed a crime.
      Nowadays it doesn't even look like S/A is necessary so it's sounding more and more like detainees are actually, potentially, you and I. (Go read some history.) BK425

    37. Re:Why I am not against this by jazman_777 · · Score: 1
      What happened to being innocent until proven guilty?


      And now we're resurrecting the Sedition Act. Read about it here. Yup, those were fine times in the uncivil war under Abe "Let's shut down 3000 papers, and to hell with Habeus Corpus and civil justice" Lincoln.

      --
      Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
    38. Re:Why I am not against this by mgv · · Score: 1

      And if 200 million out of 300 million Americans are already convinced that a police state is an improvement, then what?

      Well, I guess you will have to wait for the rebound on all the abuses. I think that the Fed already gets the odd wrong person with fairly disasterous consequences (for the person, not the Fed).

      Unless of course they get the press to stop reporting these little problems also.

      I hope for everyones sake that people realise how futile alot of this sort of legislation would be - none of it would actually have stopped 9/11 or the anthrax stuff either.

      Michael

      --
      There is no cryptographic solution to the problem where the intended receiver and the attacker are the same entity.
    39. Re:Why I am not against this by Anonymous Coward · · Score: 1, Insightful

      How to overturn a free society:

      1) Take away the rights of criminals.
      2) Make everyone criminals.

    40. Re:Why I am not against this by jazman_777 · · Score: 1
      The amazing thing is how badly your arguement plays out in the real world.


      The amazing thing is how well your argument plays out in a totalitarian state.

      --
      Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
    41. Re:Why I am not against this by Kenyaman · · Score: 1

      I have no opposition to this at all... because they're PRISONERS.

      Ever heard of a legal principal called, "innocent until PROVEN guilty"? Part of proving someone guilty involves ensuring they can discuss their case freely with their legal counsel. I cannot mount an effective defense if every word I say can be monitored and brought out in court (and out of context, to boot).

    42. Re:Why I am not against this by loraksus · · Score: 2

      Thank You for so clearly pointing out the new policy of the United States Government.
      Mindless "Rah, rah, rah, kill 'em all" American sheep such as yourself believe that all people who are arrested are guilty.
      Due process is now dead. We just need to rename the country to something with "Democratic" or "People's" in front of it (a la DDR,PROC).

      --
      1q2w3e4r5t6y7u8i9o0pqawsedrftgthyjukilo;p'azsxdcfv gbhnjmk,l.;/
    43. Re:Why I am not against this by Anonymous Coward · · Score: 0

      The primary, immediate targets of this policy are aliens detained in the wake of 11 September.

      Not only are most of these people not convicted of anything, most are not even charged with anything.

      Habeas corpus makes it illegal to do this to citizens, but apparently doing it to aliens doesn't bother most US politicians. The aliens can't vote for them and those that can get think they are being protected without the US going to all the expense of a trial.

      This is really a sick violation of human rights.

    44. Re:Why I am not against this by Tackhead · · Score: 2
      > I hope for everyones sake that people realise how futile alot of this sort of legislation would be - none of it would actually have stopped 9/11 or the anthrax stuff either.

      Trivia question: Name the man who was arrested, tried, and convicted for a bus bombing in Israel in 1986, and subsequently released (after much arm-twisting by the US!) as a "political prisoner" as part of the Oslo Accords.

      Hint: He capped off a lifelong career of "political protest" by piloting a planeload of civilians into the World Trade Center.

      The terrorists didn't use encryption. Perhaps had we "abused" Mr. Atta's rights earlier -- or better yet, realized that "political prisoners" aren't always innocent -- there would be at least 3,000 people still alive, and one tower standing.

    45. Re:Why I am not against this by SealBeater · · Score: 1

      If I had mod points, I would give you all of them. Well said.

      SealBeater

      --
      -- Its survival of the fittest...and we got the fucking guns!!!
    46. Re:Why I am not against this by dvdeug · · Score: 2

      See the Jerusalem Post. The Mohammed Atta who committed a bus bombing in '86 is a different person from the one who was involved in the WTC attack. People sometimes have the same names, and Mohammed is not exactly a rare name among Muslims. Furthermore, he didn't get released because of US arm twisting; he got released due to the Israeli legal system.

      Had we abused Mr. Atta's rights, it would hurt us; discriminating against Arabs because they were Arabic does not the cause of righteousness make.

    47. Re:Why I am not against this by humanerror · · Score: 1

      I have to disagree.

      Innocent until proven guilty implies that guilt is presupposed, and that it's just a matter of time until it can be proven.

      Simply because many people use language incorrectly does not make that usage valid.

      --
      "We're an apex predator with the fecundity of a base level herbivore... We're a virus with shoes..." RazorJAK
  5. Without having read the article.... by Publicus · · Score: 1, Flamebait

    Why oh why can we geeks never understand that the Justice Department is not the "Judicial Branch" that we all learned was a part of the system of checks and balances. This doesn't mean anything is going to happen. The Justice Department, which is part of the Executive branch, is lead by John Ashcroft. John Ashcroft is essentially a fascist. He will stop at nothing to snoop and pry into everyone's private affairs, using tax dollars to do it the whole time. He's basically our generation's version of J. Edgar Hoover, except he hasn't been successful yet.

    I'm not worried. Congress would probably never think of allowing this, and the Supreme Court would basically be asking for a revolution if they allowed such a thing.

    --

    My Karma was at 49, then they switched to words. All that work for nothing!

    1. Re:Without having read the article.... by carleton · · Score: 1

      I think you meant:
      He's basically our generation's version of J. Edgar Hoover, except he hasn't been accused of cross-dressing yet.

      I could be wrong though... I for one think this can be a good thing... if we do catch bin Laden, we should let him rot in prison like Manuel Noriega (anyone remember him anymore), and I sure as heck would want to make sure he can't call for any more jihads through his lawyer. I also sure as heck would want to ensure there are strong rules to limit this, just as there are (despite what reading some articles on /. may make you think) strong rule to limit things like wiretaps and other related techniques that are mostly gray area as far as being constitutionally acceptable.

    2. Re:Without having read the article.... by dachshund · · Score: 1
      I'm not worried. Congress would probably never think of allowing this, and the Supreme Court would basically be asking for a revolution if they allowed such a thing.

      First of all, I think that Congress probably would allow this, or at least, they wouldn't go out of their way to prevent it (ie, pass a law that might be seen as "protecting" terrorists or criminals.) Which leaves the Judiciary in charge. The courts have done an excellent job of proving unreliable, but I hope that this mess won't stand.

    3. Re:Without having read the article.... by Anonymous Coward · · Score: 0

      So far all I'm hearing is whining and complaining. Let's hear some alternatives. Let's hear some ideas. This isn't a discussion. It's a bunch of children crying. If you can think of some way to stop all the people who have been let into the country by your lax security let's hear it. If this was on OS and had this much lax security you'd all by screaming bloody murder. Since it's the real world and you haven't come out of your parent's basements I guess it's hard to see the similarities. When the next disaster hits close to you we'll see what you have to say. I have an idea. Maybe you can go talk to Osama and tell him all about Linux and he'll decide to stop trying to kill us all. Yeah. That would work.

  6. Does not really suprise me by jamesdood · · Score: 0, Flamebait

    Considering the climate post 9-11 this does not suprise me. Suspension of civil liberties is common in wartime, but usually the press stays away from it. Just look at the internment of the Japanese americans during WWII. I say if this aids the cause in finding the responsible parties then it is acceptable. However I do not believe that it shows journalistic sense to report it.

    Just my $0.02

    --
    *narf!*
    1. Re:Does not really suprise me by whizzird · · Score: 3, Insightful

      Who's at war? The US isn't. There has been no declaration of war, so the government cannot take on wartime powers. Truman found that out when he tried to force striking miners back to work during Korea.

      And even if we were at war, what make you believe that they'd repeal these repressive laws and civil rights violations after the war?
      The federal government is using this as an excuse to move one more step towards the police state.

  7. Time to turn that flag icon by sulli · · Score: 2, Funny

    upside down.

    --

    sulli
    RTFJ.
    1. Re:Time to turn that flag icon by Anonymous Coward · · Score: 0

      Hear Hear! I've been wanting to do that days after 9-11 with all the blind patriotism. I'm not against patriotism, I just think you need to be INTELLIGENT about it... and this simple right of FAIRNESS being taken away is just damned wrong.

      Oh, and the guy who said they're prisoners is an idiot. Go stuff your blind, ignorant patriotism up your ass. *troll me for all I care*

  8. Where does attorney-client privilege come from? by melquiades · · Score: 4, Redundant

    I'm hazy on the subject, but I believe that there is no constitutional right to lawyer-client privacy. I'm under the impression that, like therapist confidentiality, it's mostly a matter of common consensus -- the bar association and the government have simply agreed to uphold this as a tradition. IIRC, there was some great contoversy last year when the bar association decided to relax its policy to allow lawyers to step forward with privileged information which presented a clear and direct threat to the safety of others.

    Is my understanding correct? Is there any consitutional protection, or protection in federal law, of attorney-client privilege?

    Is it time to propose a new consitutional amendment?

    1. Re:Where does attorney-client privilege come from? by geekoid · · Score: 2

      Client-attorny privlage is back by many, many laws, and history.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:Where does attorney-client privilege come from? by Anonymous Coward · · Score: 0

      Client-attorny privlage is back by many, many laws, and history.

      Great. Such as...?

    3. Re:Where does attorney-client privilege come from? by coyote-san · · Score: 5, Informative

      (IANAL, but am someone who tries to keep current on civil liberty issues... so take everything with a grain of salt...)

      One spouse cannot be forced to testify against the other because, under the law, they are often considered a single individual. This is why it too so long for spousal rape and domestic violence laws to be passed - it wasn't (just) a bunch of good old boys who didn't see a problem, but a delicate balancing act between a centuries old tradition and modern concerns - the legislatures wanted to avoid accidently wiping out all marital privilege. It's also why homosexual spouses want legally recognized marriages - marriage includes a lot of rights which no civil contract, alone, can provide.

      IIRC, lawyer-client privilege follows a similar argument. Everyone is expected and required to understand the law, but that requires the ability to freely consult experts (lawyers) for advice. So the law squints and say that lawyers are in essence an extension of the person *when discussion prior acts*, or to a limited extend future acts. Same thing with cleric-penitent privilege and doctor-patient privilege.

      However, lawyers have never been able to give unfettered advice regarding future actions by the client. E.g., your lawyer can't be compelled to reveal that you admitted killing a business rival (N.B., "killing" is an act, "manslaughter," "murder" et al are legal evaluations), but it's a very different thing if you ask your lawyer how you can kill a business rival in the future and face no more than a manslaughter conviction.

      It sounds like the DoJ is just seeking to formally recognize that some detainees may be seeking to use their lawyers as agents of future violence, not just sources of legal advice, and wish to prevent that. Risky, but not unreasonable.

      --
      For every complex problem there is an answer that is clear, simple, and wrong. -- H L Mencken
    4. Re:Where does attorney-client privilege come from? by whizzird · · Score: 3, Informative

      I believe it's a spin off of the right to a fair trial. If you can't talk to your lawyer in absolute confidence, then you can't get the best possible defense, because you can't tell him all the facts without risking things. It's similar to the interpretation that grants the right to council and offers to provide one free of charge...to insure that the defendant has a quality defense.

    5. Re:Where does attorney-client privilege come from? by Gerad · · Score: 1

      (IANAL, but I am someone taking a college level law class)

      What you're talking about with the interspousal relationship is actually two issues: the first is that the husband-wife relationship is privilaged, which means that a wife will not be forced to testify against her husband and vice versa, in order to perserve marital harmony. This exists for lawyer/client and doctor/patient as well, because "we" (As in the people who made these laws) believe that people have the right to have their situation advocated as best as possible in court, and also that people should be able to the best possible medical treatment available, and not have threat of prosecution interfere.

      The reason that domestic violence was an issue is that there used to be a concept of intersposal immunity, that spouses could not sue each other in civil court (immunity also exists/existed that prevents children from suing their parents), both types of immunity are slowly going away/have gone away as we have become a more enlightened society.

      As to where attourney-client privilage comes from, it comes from the same place that garuntees us other things that aren't necessarily found in the US Constitution, in laws that exist at either the federal or state level. Stuff like this would be consumer protection (Warantees, lemon laws, etc), doctor-patient privilaged relationship, etc.

      --
      Be the Ultimate Ninja! Play Billy Vs. SNAKEMAN today!
    6. Re:Where does attorney-client privilege come from? by Tackhead · · Score: 2
      > It sounds like the DoJ is just seeking to formally recognize that some detainees may be seeking to use their lawyers as agents of future violence, not just sources of legal advice, and wish to prevent that. Risky, but not unreasonable.

      Agreed.

      Diplomatic immunity does not give blanket authorization to commit acts of espionage. (That is, diplomats may themselves be spied upon, and expelled if involved in activities inconsistent with their privileged diplomatic status.)

      Likewise, attorney-client privilege ought not to be used as authorization to facilitate conspiracy. (By way of analogy, attorneys suspected of facilitating the crimes of their clients are as subject to search as their clients, and attorney-client privilege - a privilege granted by the state - ought to be revocable in cases where such facilitation has been established.)

    7. Re:Where does attorney-client privilege come from? by kfg · · Score: 3, Informative

      If you add your argument to the argument of the poster previous to you you get a fuller picture of the issue.

      Everyone has heard the term "power of attorney" and has some rough idea of what that means. Few know the meaning of the attorney though. It simply means representitive. One could consider one's house contractor an "attorney at plumbing." Someone with the power of attorney is someone who is legally recognized as being able to act * as if they were you.*

      Your attorney at law is, in some very real legal asspects, you. YOU cannot be made to testify agaisnt yourself.

      Add to that the right to fair trial, which is impossible if you cannot talk freely and confidently to your own attorney, who is just a legal extension of yourself, and you the basis for attorney-client privilege.

      The important part that has been left out of this discussion so far is the process of discovery. Just because you tell your lawyer something dosn't mean he can't reveal it. He MUST reveal everything to the prosocution that the prosocution has the legal right to know. There is a system of legal checks and balances at work here and the process of discovery, which happens out of the view of the public, is perhaps the most important role of the defense attorney. You talk to your attorney, he sifts through what you have told him and protects your right not to testify against yourself by revealing to the prosocution only that which the prosocution has a right to know.

      Without this balance of "power of information" constitutional rights would be absolutely unenforcable.

      KFG

    8. Re:Where does attorney-client privilege come from? by Cato+the+Elder · · Score: 1

      "It sounds like the DoJ is just seeking to formally recognize that some detainees may be seeking to use their lawyers as agents of future violence, not just sources of legal advice, and wish to prevent that. Risky, but not unreasonable."

      I don't think it is unreasonable to tap prisoners conversations with their lawyers if there is reasonable grounds for suspicion that they are planning future crimes. However, as the article pointed out (way at the bottom), they alread CAN do this by court order. They now want to eliminate this requirement.

      I am utterly opposed to this. If you have reasonable grounds, you should be able to get the court order fairly fast. If you're afraid of something happening immediately, arrest the lawyer too, for conspiracy.

    9. Re:Where does attorney-client privilege come from? by flaxster1 · · Score: 5, Informative
      The attorney-client privilege is a basic component of the "Right to the Assistance of Counsel" secured to the Sixth Amendment to the Constitution of the United States. The main exception to the privilege involves disclosures about future crimes, but -- until now -- the government has not sought to "enforce" this exception by openly eavesdropping on attorney-client conversations. A classic attorney-client privilege problem arises when, in the middle of a trial, the defendant confesses to his (or her) lawyer. Should the lawyer disclose the confession to the judge? (Not in the US.) How vigorous should the lawyer be in asserting his (or her) client's innocence? (This should be unaffected.) What if the client wants to testify and offer testimony which -- because of the confession -- the lawyer knows to be false? (A lawyer cannot prohibit a defendant from testifying but it's wrong to assist the defendant in presenting a story that the lawyer knows to be false. One answer is simply to ask the defendant to "tell the ladies and gentleman of the jury what happened."

      In the United States, therapist confidentiality is secured by statutes (just about every state recognizes some sort of therapist confidentiality) or by rule -- the United States Supreme Court relied on the Federal Rules of Evidence when it recognized a psychotherapist-client privilege in 1996.

      If the AG's present proposal is adopted, and upheld by the courts, it will be another victory for those seeking to destroy the "American way of life."

      When a shepherd visibly counts goats as sheep, who will do business with him in the market place when he comes to sell his flock?

    10. Re:Where does attorney-client privilege come from? by AbsoluteRelativity · · Score: 1

      Whats to prevent the prosecutors from getting insight into how the defense plans its case, and the weaknesses in their case? What is to make sure that if such insight is *taken* that it will not be abused to over prosecute people, minorities, or those that the government or those that have this power dont particularly like?

      --
      disclaimer : My views do not represent those of every one else in slashdot.
    11. Re:Where does attorney-client privilege come from? by elmegil · · Score: 3, Insightful
      t sounds like the DoJ is just seeking to formally recognize that some detainees may be seeking to use their lawyers as agents of future violence, not just sources of legal advice, and wish to prevent that. Risky, but not unreasonable.

      Do we really have any evidence that such a thing has actually occurred, or is even likely to occur? Seems to me that occam's razor would indicate that Ashcroft is using 9/11 cynically to get an agenda across that has not one damn thing to do with terrorism.

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
    12. Re:Where does attorney-client privilege come from? by cheshire_cqx · · Score: 2, Informative
      No. The reasoning is that access to legal advice will be chilled if a client thinks the attorney can be forced to divulge the contents of his communication to the attorney. If a person has already committed an act and wants to know what kind of legal shape he's in--and assume for the moment he thinks he's made a pretty bad mistake--he's not likely to talk to someone that will possibly snitch (or be forced to snitch) him out.

      Similarly, when the government prosecutes a criminal defendant--wants to take away his liberty or perhaps even his life--the accused has an absolute right to legal advice at all "critial stages." This advice should be confidential, otherwise the incentive is for the client to clam up or lie to the attorney, making a defense and or plea negotiation very very difficult. (Put yourself in the shoes of the defendant--would you open up about an event in a death penalty case to your lawyer when the Justice Department is both trying to kill you and listening in!)

      Finally, keep in mind that the attoney-client privilige does not apply to serious future criminal conduct and cannot be used to shield plans to facilitate future criminal activity, especially if violence is involved. The ABA and every state has ethical rules when a lawyer must report, may report, an must not report things he or she learns during the course of representation. And, as others have mentioned, the USA can always try and get a court order to monitor converstations if they have real evidence (not just some wild guess or a "hunch") that criminal activity is afoot and being aided by sham attorney-client contact. Now the court is out of the loop, evidence is not required, and the fox is guarding the henhouse.

      "Trust us, we're the government" does not fly with this American. Patriotisim means protecting core values during difficult times, not pasting a flag on your SUV and repealing the Bill of Rights.

    13. Re:Where does attorney-client privilege come from? by dhogaza · · Score: 2

      Certainly current laws are sufficient to bust down any attorney doing such things. RICO would seem to apply, among other things. Just follow the attorney, get a warrant, bug his phone, etc.

      Lawyers don't have a privileged position in our legal system, in the sense that law enforcement and security agents can treat them just like any other suspect.

      It's attorney-client communication that's protected, not attorneys.

    14. Re:Where does attorney-client privilege come from? by sharkey · · Score: 2

      Seems to me that occam's razor would indicate that Ashcroft is using 9/11 cynically to get an agenda across that has not one damn thing to do with terrorism.

      And the FAA, and Feinstein, and Schumer, and Bush, and, well, pretty much the entire government.

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
    15. Re:Where does attorney-client privilege come from? by s390 · · Score: 2

      All attorneys are Officers of the Court, so they not only have privileged status but also defined responsibilities.

      A parallel is the legally mandated Tarasoff Warning required of psychiatrists when they believe a third party might be in real danger from a patient.

      Attorneys have similar requirements. In other words, I can talk with my attorney about a bank robbery I committed and that's privileged, but if I tell that same attorney about a bank robbery I plan to commit tomorrow, that's not privileged and the lawyer must warn the authorities. It's a fairly clear line.

    16. Re:Where does attorney-client privilege come from? by elmegil · · Score: 1

      Won't hear me disagree with that.

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
    17. Re:Where does attorney-client privilege come from? by GauteL · · Score: 2

      That has to be one of the worst misuses of "occam's razor" ever.
      AFAIK the only thing it states is that when you have several possibilites the simplest is most likely to be correct.

      Before you use occam's razor as an argument, you have to actually argue that your proposed solution is the "simplest" one.

      Which is the simplest solution?
      1. Ashcroft has seen a terrible act of terrorism and wants to stop it from happening again.
      2. Ashcroft has seen a terrible act of terrorism, and cynically wants to use it for his own hidden agenda.

      The only people that will EVER consider 2. the simplest solution, is conspiracy theorists that thinks the worst of everyone.

      Now.. this argument has nothing to do with my opinion on the actual case, your arguments just don't hold water, like some of the others I've read until now.

    18. Re:Where does attorney-client privilege come from? by elmegil · · Score: 1
      Let's try a different perspective. I was trying to apply occam's razor to a different part of the problem than you thought.

      I want to explain why Ashcroft would propose eliminating attorney/client priveledge.

      1) Some person, who we have know knowledge of, in detention over 9/11 has used their attorney (we believe) to commit additional acts of terrorism. (this presupposes they've actually been allowed to see an attorney)
      2) Ashcroft has wanted to eliminate attorney/client priveledge for a long time and this makes a good excuse.

      Which one seems simpler? More likely? Fits more of the facts? Doesn't seem to me that 2) requires a massive conspiracy.

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
    19. Re:Where does attorney-client privilege come from? by maxpublic · · Score: 1

      Wrong. The two actual explanations are:

      1) Ashcroft is so utterly brain dead, as are all of his staff, the DOJ, and any lawyer or judge they may consult with on the issue, that the entire lot somehow think that throwing out attorney-client privilege will in some mystical, unknown fashion prevent future whackos from smashing a plane into a building; or

      2) Ashcroft is more than a bit power-crazed and thinks this is a good excuse to bolster the authority of his office, regardless of the advice on constitutionality he may get from his staff, the DOJ, or any lawyer or judge he might happen to run into who hears about it.

      Now, option number 1 means that I have to assume that a great many well-trained people are fucking morons, at least when it comes to this particular issue. Option number 2 means that I don't have to assume anything so far-fetched, just that one man is power-mad.

      As I've a great many historical examples of power-madness, option number 2 doesn't seem unlikely at all.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    20. Re:Where does attorney-client privilege come from? by GauteL · · Score: 2

      My other response was more reasonable. You assume my view is WRONG.

      Actually, the fact that we disagree on what is the simple explanation is in itself proof that the "Razor" isn't a valid argument in this case.

    21. Re:Where does attorney-client privilege come from? by Secret+Coward · · Score: 1
      Attorney-client privilege exists so that defendents can have a fair trial, and so they can communicate openly with their attorney. As with all government powers, Ashcroft's rule will be abused.

      Imagine you're charged with some crime, of which, you are innocent. Your lawyer shows you a list of potential witnesses, which include your old friend Bob. You tell your lawyer,

      Bob is an idiot! Last month, he walked in on me and his wife. She had her hands down my pants. She told Bob her hand slipped, and he believed her. He apologized, walked out to his truck, and carted his six point buck to the garage. He didn't even know hunting season was over. What a numbskull.

      The eavesdroppers use the recording to arrest Bob for hunting out of season. When Bob hears the recording, he suddenly 'remembers' you talking about the crime you're accused of.

      From another perspective, suppose a prosecuter suspects you are somehow involved in a criminal conspiracy. He doesn't have sufficient evidence, so he tells the attorney general who brings you in on some bogus charge. He then listens in while you talk to your attorney, hoping to learn something about your ciminal organization.

  9. Attorney-client privelege. by Zach` · · Score: 3, Redundant
    It's astonishing how easily a basic civil right such as the right to counsel is taken away!

    I would love to see how the right to counsel is being taken away. As far as I can tell, the only 'right' being taken away is that of privacy, which is automatically given up when you're a federal detainee. You should have no reasonable expectation of privacy.

    Now, if you'd like to discuss how attorney-client privelege is being taken away, that'd be something different. But please don't spread FUD that civil rights to counsel are being taken away. That's absolutely ludicrous.

    Please, also note how exactly the information is going to be used.
    • "No information that is protected by attorney-client privilege may be used for prosecution," the statement said. "There is not protection however, for communications related to the client's ongoing or contemplated illegal acts."
    There's massive differences between the two. Get them straight before you whine about terrorist's rights being taken away.
    1. Re:Attorney-client privelege. by sphealey · · Score: 5, Insightful
      I would love to see how the right to counsel is being taken away. As far as I can tell, the only 'right' being taken away is that of privacy, which is automatically given up when you're a federal detainee. You should have no reasonable expectation of privacy.
      After you are convicted of a crime, you have no expectation of privacy in prison. Before you are convicted of a crime, you are "innocent until proven guilty" and retain all your rights as a citizen (not that that seems to mean much to Mr. Ashcroft). Thousands of people with "funny sounding" names were swept up after 9/11 and remain behind bars; that does not mean that they are guilty of anything.

      sPh

    2. Re:Attorney-client privelege. by sphealey · · Score: 1

      Sorry about the bold; it looked right on the preview. Honest!

      sPh

    3. Re:Attorney-client privelege. by Dr+Caleb · · Score: 2
      I would love to see how the right to counsel is being taken away. As far as I can tell, the only 'right' being taken away is that of privacy, which is automatically given up when you're a federal detainee. You should have no reasonable expectation of privacy.

      In this article this right has already been taken away from Canadians. (sorry for the annoying ad on the right - if you right click you can stop it from playing...)


      It goes to the right of testifying against oneself. In the US, I believe you call it the "Fifth Amendment".


      Here's the scenario: You talk to your lawyer, being honest with him, to discuss your methods of defense. As of yesterday he must tell the authorities what you said, and not tell you that he is doing so.


      In an adversarial justice system, such as we have, it is the responsibility of the Crown (government) to prove - beyond a reasonable doubt - your guilt. But with these new laws - your lawyer gets to tell the government details *retroactively* about your confession to him. It not only covers matters before the court, but past crimes as well. Once the door is open - it's wide open.


      Essentially, you testified against yourself by assuming client-solicitor confidentially.

      --
      "History doesn't repeat itself, but it does rhyme." Mark Twain
    4. Re:Attorney-client privelege. by Rosco+P.+Coltrane · · Score: 2

      Yes, it's a bug in the new slashcode with the tag (possibly a case sensitivity issue). I noticed that on one of my last posts and got promptly flamed for not closing my tags, which I did.

      Oh well :)

      --
      "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    5. Re:Attorney-client privelege. by eudas · · Score: 1

      what about cases where the government itself is prosecuting the defendant, yet has the legal right to all communication between the defendant and his lawyer?

      i'm surprised that we haven't seen lawyers up in arms over this yet.

      eudas

      --
      Blessed is he who expects the worst, for he shall not be disappointed.
    6. Re:Attorney-client privelege. by Zico · · Score: 1, Redundant

      But after you're merely arrested/detained/whatever for a crime — i.e., haven't been convicted yet — you already lose some of your rights. You can have your vehicle and drivers license taken away from you before any trial (and for the record, I think this is an unjust practice). I would consider it an invasion of privacy to be strip searched and have my orifices probed when being put into jail to await trial. Do you consider this last example to be unjust? I don't, because I believe that the safety concerns take precedence. Otherwise it would be even easier for people to bring contraband into jail with them.


      It's pretty much the way I feel about this current issue, in that there's a strong public safety argument going up against the privacy concerns. From the article, it sounds like they're putting up a clear firewall between the observers and the prosecution team so that any evidence gained through these conversations cannot be admissible in court — if they didn't, there's pretty much no way that I'd ever support this.


      So I'm sure someone will say, "Oh yeah, nice ideal, but you know that someone will violate the firewall." To that I can only say that if someone was willing to violate the firewall, what on Earth would stop them from violating the current standard and setting up a wiretap anyway? There are always going to be some bad apples who will go around the law, but the simple fact is that they can already go around the law — this new dictate isn't going to grant the bad apples any new powers that they didn't already have to cross the line. It's a judge's job to throw out any evidence obtained improperly through this system; if there's a bad judge who doesn't, you don't really think that he's going to suddenly right himself and throw out evidence from an illegal wiretap obtained under the current system, do you?


      Believe me, I understand about the need to protect against a slippery slope of our rights going away. I used to be a card carrying member of the ACLU until they decided to fight fiercely only for the rights of their pet groups. It bothered me greatly when that boob Manuel Noriega was convicted in part because prosecutors eavesdropped on the conversations between him and his lawyers (which is a perfect illustration of what I said earlier, that this new dictate doesn't give the bad apples any new powers that they didn't already have). I can see why some people are more wary of this than I am, and I respect that people would be against it, but I think it's totally unproductive to not recognize that there are real public safety issues involved with this and instead run around screaming that it's simply a matter of our current leaders wanting to turn the country into a police state. Come on.

    7. Re:Attorney-client privelege. by jamie · · Score: 1
      A case-sensitivity issue is exactly what it was. A reader had reported it earlier today but I didn't believe him. It should be fixed now (though if the remainder of this comment after the word "fixed" is in italics, I screwed up and will have to fix it again :)

      Management apologizes for the inconvenience :)

    8. Re:Attorney-client privelege. by Angst+Badger · · Score: 3, Interesting
      "No information that is protected by attorney-client privilege may be used for prosecution," the statement said. "There is not protection however, for communications related to the client's ongoing or contemplated illegal acts."

      Right, and we can really believe that FBI Agent #1 won't tip off FBI Agent #2 to what he heard while monitoring Federal Suspect #3. Sure. The FBI would never do anything like engage in campaigns of surveillance and harassment against law-abiding political dissidents or civil rights activists, or ever do really nasty crap like try to pressure someone like Martin Luther King to commit suicide. No, of course not. Our state security agencies would never do anything like that again. Right?

      Why is it that so many people who will pursue server security with a level of paranoia approaching psychosis are totally unconcerned with protecting their civil rights against liberty crackers like John Ashcroft?

      --
      Proud member of the Weirdo-American community.
    9. Re:Attorney-client privelege. by elmegil · · Score: 2

      It has nothing to do with privacy. It has to do with having a right to counsel. If the prosecution knows every conversation you've had with your defense lawyer, effective counsel can be impossible to achieve. "They know we planted the evidence, so we just have to discredit the means they intend to use to show that."

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
    10. Re:Attorney-client privelege. by AbsoluteRelativity · · Score: 1

      Yeah but the ACLU article states...

      ---

      Even though the Department of Justice claims to protect inmates' Sixth Amendment right to assistance of counsel in this new regulation by establishing a "firewall" within the department to prevent prosecutors from getting their hands on privileged information, Murphy questioned the department's trustworthiness. She pointed out that the Department of Justice just successfully petitioned Congress to remove the firewall between intelligence and criminal investigations, a key check on law enforcement power.

      Ironically, the new regulations come at the same time as the Administration is seeking to repeal the McDade-Murtha Law, a measure that was passed in 1996 in response to questions of professional misconduct by government attorneys. Its repeal would allow federal prosecutors to follow a far more lax set of ethical standards than defense attorneys.

      ---

      As has been said, who will watch the watcher?

      --
      disclaimer : My views do not represent those of every one else in slashdot.
    11. Re:Attorney-client privelege. by Anonymous Coward · · Score: 0

      "..get them straight before you whine about terrorists rights being taken away."

      Just terrorists? ,or federal detainees..,
      or persons who are suspected of being involved in some illicit activity..or mentally unfit
      individuals, or social undesirables, or
      any of the stereotypes and typecasts that so
      greatly simplify things in times of oppressive
      thought.

    12. Re:Attorney-client privelege. by gilroy · · Score: 2
      Blockquoth the poster:

      From the article, it sounds like they're putting up a clear firewall between the observers and the prosecution team so that any evidence gained through these conversations cannot be admissible in court -- if they didn't, there's pretty much no way that I'd ever support this.

      No, actually, it sounds like they say they're putting up a clear firewall. From her years as an assistant DA in Brooklyn, my sister has told me many, many stories about how the prosecution can use ill-gotten information in productive ways, even if it's formally barred from submission in evidence.


      What the article actually makes clear is that they are tearing down a pretty clear firewall that exists, that between public safety and prosecutorial abuse. Currently they can achieve the desired monitoring anyway, by obtaining a court order. But first they have to convince a federal judge that the need is real and pressing.



      Secretary Ashcroft seems to feel that the paramount obstacle to justice is the justice system itself. Every move he's made since 9/11 has been to reduce court oversight and make prosecutors and law enforcement even less accountable. He's done this despite having not a single shred of evidence that the American system of judicial oversight has facilitated terrorist acts in the least. He's done it because, apparently, he feels that rules only slow down a game.


      I know a lot of people are saying, "Don't overreact, this isn't a police state." But with a guy like Ashcroft at the helm, and in times like these, I worry. I worry a lot.

    13. Re:Attorney-client privelege. by Sloppy · · Score: 1

      There is a bug in preview that does this sort of thing. You can work around it by not ever posting from the preview page -- back up and post from the original editing page.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    14. Re:Attorney-client privelege. by hughk · · Score: 1
      This does not make sense because it is like asking your opponent in a game of poker not to use the information when he sees your hand.

      We are talking detainees here, we are not necessarily even talking about convicted criminals.

      --
      See my journal, I write things there
  10. Grammar Policing Myself by Calle+Ballz · · Score: 1, Offtopic

    they're=their

    1. Re:Grammar Policing Myself by Happy+Monkey · · Score: 0

      You were right the first time.

      --
      __
      Do ya feel happy-go-lucky, punk?
    2. Re:Grammar Policing Myself by carcosa30 · · Score: 1

      No, you're both wrong.

      Their indicates possession. They're is a contraction of "they are."

      So in the offending statement
      "they're punishment is they're rights stripped from them"

      Does he really mean that the terrorists are punshiment? Perhaps in a sense they are but that's beside the point. Are the terrorists rights that are stripped from someone? Perhaps they are that too, perhaps they are an excuse for the American government to shred what's left of the civil liberties of its citizens.

      But I don't think he meant either of those things... that would make the original post even more unintelligible as well as being totally asinine.

      --
      Intolerance for ambiguity is the mark of the authoritarian personality.
    3. Re:Grammar Policing Myself by Happy+Monkey · · Score: 1

      I'm an idiot.

      --
      __
      Do ya feel happy-go-lucky, punk?
  11. Chilling effects on defendant speech... by sterno · · Score: 5, Insightful

    The biggest problem I see with this is that even if the DOJ followed the rules and didn't misuse the information, there's no way for a defendant in criminal prosecution to be sure. If you are being prosecuted and you know that your every conversation with your attorney is being listened too, how forthcoming will you be with them? You can't assume that the DOJ isn't breaking their own rules, so you clam up. The end result is that defense attorneys may have less information to work with and will be unable to build a proper defense for their clients. Eventually the courts will probably tell the DOJ they can't do this but in the mean time, how many people's legal cases will be effected by this new policy.

    I find it bitterly ironic that we here Bush and crew saying that we are fighting for our way of life and for civilization, yet at the same time, they are doing their best to damage the freedoms that are key to that way of life. They say we need to go on with life as usual and not let the terrorists effect us, but it's not like they are leading by example here.

    --
    This sig has been temporarily disconnected or is no longer in service
    1. Re:Chilling effects on defendant speech... by Anonymous Coward · · Score: 0

      Actually, I see this as a benefit to criminals. The client and attourney just can't relax and have a casual conversation that leads to admissions, so the criminal keeps a smart, level head.

      I would imagine many lawyers hate some clients and let a few clues about guilt slip in the courtroom to allow justice to be served. This will squelch that possibility.

    2. Re:Chilling effects on defendant speech... by Anonymous Coward · · Score: 0

      OK smart guy, do you have a solution? Tell me! Inform me! Get out there and protest and start writing letters. Form a group, organize demonstrations!

      I can't friggin stand it when these whiners bitch and complain about stuff but offer no solutions. No eavesdropoing! No invasion of privacy! Hey you can't ban immigration! WHAT! They are canceling student visas!! PROFILING!! THATS JUST PLAIN WRONG!! WHAA WHAAA...

      Seriously how do you fight an enemy that is among us, who obeys every law up until the point when they decide to go ape-shit with bombs, poisions, airplanes and trucks filled with explosives potentially aimed at skyscrapers and nuclear power plants?

      The founding fathers didn't forsee this type of lunacy, our current laws and bill of rights don't cover it.

      However taking the evil devils advocate sides of this: if we don't provide the feds with better tools and liberties, we could always round up all the non-citizens with funny names, seize their bank accounts and deport them? How about we just sitck to all the Muslims in the U.S.? Chances are is not the baptist or catholics mailing out anthrax with their mission material?

      You got a solution? Let us all know. Either pony up or shut up!!!

    3. Re:Chilling effects on defendant speech... by Debillitatus · · Score: 1
      The biggest problem I see with this is that even if the DOJ followed the rules and didn't misuse the information, there's no way for a defendant in criminal prosecution to be sure. If you are being prosecuted and you know that your every conversation with your attorney is being listened too, how forthcoming will you be with them? You can't assume that the DOJ isn't breaking their own rules, so you clam up. The end result is that defense attorneys may have less information to work with and will be unable to build a proper defense for their clients. Eventually the courts will probably tell the DOJ they can't do this but in the mean time, how many people's legal cases will be effected by this new policy.

      This is true, you have to worry that DOJ is breaking their own rules. But, let's imagine that this newest development didn't happen in the first place. As it stands now, DOJ can't monitor your conversation at all, and then use the info in court. But if they wanted to break their own rules today, they could surreptitiously monitor your conversation.

      Ok, fine. In the new situation, they certainly won't be able to use this info in court, because then they would still have to convince a judge that it was admissible. The situation would be even more against them now, because they would have to show that the information they obtained was not gained in an inappropriate manner.

      We still have judges, and the judges (for the most part) aren't stupid, so our rights are fine. I think most people are worried that DOJ will abuse this power, and this is a valid fear, but you have to remember, what stops overzealous prosecutors from going nuts is judges. With or without this new policy.

      --

      Come on, give it up, that's

    4. Re:Chilling effects on defendant speech... by Anonymous Coward · · Score: 0

      Troll. But anyway,

      This was an attack on the U.S. State. There are many legal allowances for the FBI and such to conduct intelligence gathering operations put in place specifically to protect against an attack like this (i.e. on the state.)

      Our current laws are sufficient. The problem is that our current agencies are not. The FBI can't even keep track of known terrorists, and it is not because they don't have the laws, look at what was there before the big bill was passed. There is procedure in place to protect people from misconduct by the government, but if this procedure is followed the government is allowed to do all kinds of stuff. They are trying to blame our laws for their own incompetence and they're succeeding! The FBI seems to have become exceptionally good at CYA.

      What should be happening: FBI says "we did x, y, and z wrong and the steps we will take to fix these problems are a, b, c, and d"

      What is happening: hmmm if we say we did x wrong it'll make so-and-so look bad, same for y, and z makes us all look stupid, so "it's the laws! change the laws, it's not our fault."

  12. Read the article by Mr.+Sketch · · Score: 5, Insightful

    This only applys to people who are granted a special administrative measure which applys to less than a tenth of a percent of people. And only to people who the AG says "reasonable suspicion exists to believe that a particular inmate may use communication with attorneys or their agents to further or facilitate acts of terrorism".

    I don't agree that they should be doing this in the first place, but it's not for everyone. I guess this is just more /. sensationalism at work.

    1. Re:Read the article by Dredd13 · · Score: 2
      Nope, its another case of the first footsteps down the slippery slope. Once you allow them to do things like this, its a lot easier for them to "Expand" such violations....

      You have to draw the line at ANY violation, lest it move further to where you DON'T like...

    2. Re:Read the article by Silver+A · · Score: 3, Interesting
      This only applys to people who are granted a special administrative measure which applys to less than a tenth of a percent of people. And only to people who the AG says "reasonable suspicion exists to believe that a particular inmate may use communication with attorneys or their agents to further or facilitate acts of terrorism".

      Well, let's be smart about this, then - don't allow the prosecution access to the tapes, only the military and intelligence agencies. We've got a reasonable suspicion that Prisoner X is a terrorist, and is using his lawyer to communicate with other terrorists? Let the CIA or the FBI track down others with those conversations, but don't let the prosecutor have those tapes. That way, Prisoner X still has a right to a fair trial, and we still get to track down terrorists.

    3. Re:Read the article by Happy+Monkey · · Score: 1

      Oh, as long as it's only a few people...

      --
      __
      Do ya feel happy-go-lucky, punk?
    4. Re:Read the article by TWR · · Score: 2
      You're right. In fact, I'm so afraid that the government might start imprisoning anyone it feels like, that I think we should free everyone in prison right now. We don't want to establish any sort of precedent for incarceration as a legitimate form of punishment.

      Slippery slope arguments are, by their nature, stupid. They prove nothing other than a trend based on a single data point. The slope of the line derived from that data point is based on the delusions of the person doing the deriving.

      -jon

      --

      Remember Amalek.

    5. Re:Read the article by Anonymous Coward · · Score: 1, Interesting

      I's like to point somthing out. This is a unique situation we have entered. Where else in history do we have a example of apparently law abiding people living among the general population who plot then turn with deadly force against masses?

      This may give some insight to how the world will deal with the next revolutionary happening, wether it is nanotech, free abundant power, or any other far out thing we can imagine.

    6. Re:Read the article by Danse · · Score: 3, Insightful

      Bullshit. If we let the AG spy on anyone he considers a terrorist suspect, then what's to stop him from later using the same tactic against suspected drug dealers (especially since he's already been trying to tie the drug war to the war on terrorism) and from there on down the chain? Not to mention the fact that there is no way in hell that you can give these suspects a fair trial once you've taken away their attorney-client privelege. It just can't work in an adversarial justice system such as ours. It tips the balance in favor of the prosecution. You want to tell all the people that the FBI has been scooping up lately that they are all presumed guilty and they will not be allowed to have fair trials? Welcome to the New America. We're well on our way to implementing the same practices we've condemned in other countries for decades.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    7. Re:Read the article by TWR · · Score: 2
      I don't know if you are aware, but Lincoln suspended Habeus Corpus during the Civil War, something far more serious than A-C privilige. It came back.

      Times of war demand different standards. Get over it.

      -jon

      --

      Remember Amalek.

    8. Re:Read the article by Danse · · Score: 2

      Times of war demand different standards. Get over it.


      This is nothing like the Civil War. At least then there was an actual war. We knew when it started. We knew when it ended. We knew who the enemy was. How is the current "war" anything like that? War hasn't even been declared! It's just that our government declares these unofficial "wars" on everything these days. War on Drugs. War on Poverty. War on People Who Don't Eat Their Vegetables. Now we get the War on Terrorism. Is there a declaration of war? How do we know when the war is won? Is there a defined goal of the war that we can conclusively determine whether or not we've achieved? I believe this will turn out to be much like the War on Drugs in that it will go on and on and on, sap our freedom, sap our tax money, empower the government, cause great suffering to innocent people, cause serious corruption in our own government and military as well as others around the world, and ultimately achieve exactly nothing. You can ignorantly cheer on the loss of essential liberties in this country, but I'll not join you. I fear that someday, things will get to the point that even you will recognize the monster you're helping to create.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    9. Re:Read the article by jthill · · Score: 1

      That's exactly how it works.

      --
      As always, all IMO. Insert "I think" everywhere grammatically possible.
    10. Re:Read the article by Jon+Howard · · Score: 1

      This only applys to people who are granted a special administrative measure which applys to less than a tenth of a percent of people.

      And out of 250,000,000 people in the US, that means that 250,000 are affected.. 1/1000 - but how many people are in court at any given time? Much more than 1/1000 right? Hell - I know 300 people in court at the moment... oh wait, no I don't.

    11. Re:Read the article by TWR · · Score: 3, Insightful
      Really? When did the Civil War end? 1865, right?

      Wrong. How about Reconstruction? IIRC, the last state to exit Reconstruction didn't do so until 1878, 13 years after the "end" of the Civil War. US citizens living under Reconstruction didn't have nearly the same rights as everyone else.

      This war is nothing like the War on Drugs. I don't remember the drug lords who crashes airplanes into the WTC. Perhaps you can refresh my memory.

      The War on Drugs is stupid, as it attempts to prevent Americans from harming themselves by attacking people supplying poison. The War on Terrorism is attacking the people who are trying to kill Americans who are not actively trying to harm themselves. If you can't understand the difference, you are a pretty stupid motherfucker.

      We know who the enemy is in this war, too. The problem is that they use human shields and Americans have become squeemish about attacking people who allow themselves to be human shields.

      Once upon a time, we realized that the guy who didn't turn against the Nazi leadership was as guilty as the Nazi leadership. Now we send food to the peons and hope they'll be our friends. What we should be doing is attacking peons until they are tired of starving and being bombed and overthrow their leaders. Ask the Italians about how that worked in WW II.

      We also have some sort of brain damage, allowing citizens of countries known to be terrorist hotbeds to come here, even after we've been repeatedly attacked for 10 years. I bet the number of Germans, Japanese, and Italians granted visas during WW II was close to zero. The number of Saudi and Egyptian nationals in this country during the War on Terrorism should mirror that number.

      War, as Sherman noted during the aforementioned Civil War, is Hell. Trying to make it nicer just makes it last longer. We should be as mean and as ruthless as possible in order to make this war as short as possible.

      -jon

      --

      Remember Amalek.

    12. Re:Read the article by Xylantiel · · Score: 1

      Your argument rests on your definition of "apparently". I would say that being "registered" as international terrorists by other countries is pretty far from apparently law abiding. Our intelligence infrastructure simply dropped the ball on this one. Just the same as if they had driven a sub into the harbor and blown something up and the undersea-defense net (whatever it is) missed spotting it. This was an attack on the state - national security should have figured it out.

      I heard somewhere that Ashcroft's office failed to approve like 10 eavesdropping requests related to the 9/11 events in the month prior. Seems like the FBI is just making a lot of hoopla to cover their butts again. Ingenius eh? "Let's propose a bunch of insanely unconstitutional stuff to distract the press from how bad a job we were doing with the laws we already had." Seems to be working.

    13. Re:Read the article by dhogaza · · Score: 2

      So denying 0.1% of the population the privacy inherent in the attorney-client relationship is OK, eh?

      How about 1.0%?

      How about 10.0%?

      How about 100.0%?

      Which is it, and how did you decide?

      And why do you believe Ashcraft when he says it will only be 0.1%, anyway?

    14. Re:Read the article by Danse · · Score: 3, Insightful

      We should be as mean and as ruthless as possible in order to make this war as short as possible.


      And what will be left to live for once we've taken away the rights, liberties, and justice from the citizens of this country? You seem to think that we'll just go flatten a few countries and everything will be all better. It won't happen like that. We'll lose our rights, the War on Terrorism will continue, as there is no end condition that we can call victory. At least with drugs, it's obvious that we're losing. We'll never know if we've stamped out terrorism. Terrorism requires us to be vigilant against it, always. This isn't a temporary war. It won't end. You can't say, "we'll get our rights back when it's over." You can't compare it to previous wars. It's not really a war.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    15. Re:Read the article by TWR · · Score: 2
      there is no end condition that we can call victory.

      Right after the Japanese attacked Pearl Harbor, a US General said, "When this war is over, the only place they'll speak Japanese is Hell."

      If only someone would utter the same sentence, replacing the word "Japanese" with "Arabic". Then we'll know when the war against terrorism will be won.

      For a less glib answer check with (once again) the Italians and the Germans. Both suffered through communist terrorist attacks in the 70s and 80s. Both had severe restrictions on civil rights (compared to pre-9/11 US standards). (At one point, the entire city of Rome was surrounded by police and every home was searched.) And, most importantly, both won the war on communist terrorism and civil rights were restored.

      So, except for you having nothing but paraniod conjecture which flies in the face of history, you're completely right.

      -jon

      --

      Remember Amalek.

    16. Re:Read the article by HiThere · · Score: 2

      We do not know the enemy. We know who the government says is the enemy. There is evidence that they are correct, but hardly proof. Too much of the evidence has funnelled through the same channel as the original proclaimation.

      Also, the method of prosecution of the war seems silly. It appears to be designed to antagonize people effectively without doing excessive harm to the ostensible target. Bombing the side of a mountain? That didn't even work well in VietNam, and that country's flat! What it does is turn everyone living there into you enemy, no matter how they felt about you before.

      The original aerial attacks seemed reasonable. Take out their airports, radios stations, etc. This follow up just seems stupid. I can't say what an appropriate follow up would be. Land war in asia is not a good idea. The best suggestions (nation building, massive infusion of game-boys, etc.) are slow, undramatic, and could have been effective. Possibly not any more. After you've massively injured thousands of people you have turned all of their relatives into you dedicated enemies.

      This has the feel of intent. I don't believe that the govt. is stupid enough to have done this by accident. Before there were a small number of enemies in a mass of basically uncaring people. Now ...

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    17. Re:Read the article by martinflack · · Score: 1
      This only applys to people who are granted a special administrative measure which applys to less than a tenth of a percent of people. And only to people who the AG says "reasonable suspicion exists to believe that a particular inmate may use communication with attorneys or their agents to further or facilitate acts of terrorism".

      I don't agree that they should be doing this in the first place, but it's not for everyone. I guess this is just more /. sensationalism at work.

      You are missing the point. Do you honestly believe that you may wake up one day and read "Fourth Amendment Cancelled" in the headlines? No, my friend. Rights are not taken away wholesale in huge advertised acts. Every single instance of loss of rights in human history has been a slow march of minor "changes" that nobody argued with at the time. Do you think Hitler announced one day that all Jews need to move to camps? No. Many Germans who look back on that period are amazed at how incremental the measures were; how easy it is to convince the populace of something piece by piece instead of all at once.

      The USA is supposed to be a country that knows this from its own prehistory and relishes in the abundance and harsh protection and defense of its personal rights.

    18. Re:Read the article by Maserati · · Score: 1

      Admiral Halsey, shortly after Pearl Harbor.

      --
      Veteran, Bermuda Triangle Expeditionary Force, 1992-1951
  13. You elected these people by HanzoSan · · Score: 2, Insightful



    So now they abuse their power by changing the laws when its convient.

    t

    --
    If you use Linux, please help development of Autopac
    1. Re:You elected these people by corebreech · · Score: 1

      Please remember that Attorney General John Ashcroft used to be a Republican Senator from Missouri.

      Why isn't he a Senator from Missouri anymore?

      Because in 2000 John Ashcroft LOST THE ELECTION TO A DEAD GUY.

    2. Re:You elected these people by Anonymous Coward · · Score: 0
      ... in 2000 John Ashcroft LOST THE ELECTION TO A DEAD GUY

      So what? The better candidate won, right?

    3. Re:You elected these people by lowflying · · Score: 1

      So now they abuse their power by changing the laws when its convient.

      The evidence is really good that they started changing laws before they took power for the purpose of taking power, abrogating any need to elect them.

      Dave

    4. Re:You elected these people by humanerror · · Score: 1

      The people who proposed the change and the people who will ultimately decide upon its constitutionality were not elected by anyone. They are political appointees and career bureaucrats, elected by no one and accountable to few.

      --
      "We're an apex predator with the fecundity of a base level herbivore... We're a virus with shoes..." RazorJAK
    5. Re:You elected these people by gilroy · · Score: 2

      Hey, don't blame me. I voted for Bartlet. :)

  14. make sure you read this part: by egomaniac · · Score: 5, Informative

    "The Justice Department said less than one-tenth of 1 percent of federal inmates are subject to the provision that allows such monitoring. It pointed out most inmates subject to special administrative measure have no relation to the terrorism investigation, spawned by the deadly September 11 hijackings and attacks."

    I'm not saying I agree with this, but at least keep in mind that this is limited in scope. Yeah, yeah, slippery slope and all that, but while you're fighting against stuff it's important to realize what you're fighting against.

    This is not "let's completely throw away client-attorney privilege", it's "let's recognize that sometimes national security takes precedence". You still may disagree with this, but at least fight the correct target.

    --
    ZFS: because love is never having to say fsck
    1. Re:make sure you read this part: by ez76 · · Score: 1

      "The Justice Department said less than one-tenth of 1 percent of federal inmates are subject to the provision that allows such monitoring.

      So with our current prison system, that's about what, 3 million prisoners?

    2. Re:make sure you read this part: by Scooby+Snacks · · Score: 1, Troll
      First they came for the Communists,
      and I didn't speak up, because I wasn?t a Communist.
      Then they came for the Jews,
      and I didn't speak up, because I wasn?t a Jew.
      Then they came for the Catholics,
      and I didn't speak up, because I was a Protestant.
      Then they came for me,
      and by that time there was no one left to speak up for me.

      -- Rev. Martin Niemoller, 1945
      It's outrageous that this is even being considered, let alone implemented. This denies a fair trial to people who are most in need of it.



      Oh, BTW, regarding your .sig: If information were really free, the GPL wouldn't be necessary.
      --

      --
      Runnin' around, robbin' banks all whacked on the Scooby Snacks...
    3. Re:make sure you read this part: by dillon_rinker · · Score: 2

      First they came for the terrorists...
      Then they came for the murders...
      Then the rapists...
      The burglars,
      the shoplifters,
      traffic violators.

    4. Re:make sure you read this part: by sphealey · · Score: 5, Insightful
      First they came for the terrorists...
      Then they came for the murders...
      Then the rapists...
      The burglars,
      the shoplifters,
      traffic violators.
      Read Larry Niven's "Organlegger" series from the late 60's / early 70's, where he posited a government that sentenced people to death for traffic violations so that it could harvest their organs.

      Then read news accounts from 2000 about how the government of the PRC selects prisoners' execution dates based on the need for transplant organs.

      Then read your post and its parent again.

      sPh

    5. Re:make sure you read this part: by Tackhead · · Score: 1
      > Then they came for me, and by that time there was no one left to speak up for me.

      Martin Niemoller left out the part where they came for the trite.

    6. Re:make sure you read this part: by loraksus · · Score: 2

      Yeah. This week. Next week we will expand it to . . . Drug dealers, because we know that they are all scumbags. Two weeks from now, muslims in general, then "brown skinned people". Perhaps not as drastically, but if something like this goes unchallenged . . .
      And national security shouldn't be handled by the monkeys that do it now.

      --
      1q2w3e4r5t6y7u8i9o0pqawsedrftgthyjukilo;p'azsxdcfv gbhnjmk,l.;/
    7. Re:make sure you read this part: by AbsoluteRelativity · · Score: 1

      > This is not "let's completely throw away client-attorney privilege", it's "let's recognize that sometimes national security takes precedence". You still may disagree with this, but at least fight the correct target.

      Actually what is there to fight is that what is to prevent favoritism/back scratching type of corruption of this? What is to prevent a prosecutor doing a favor for someone, and then asking for a favor in return to make sure that the defendants fit that 1%. I guess my concerns are over the details not the generality that you describe, its easy to say things in general, but there is diffrent specific ways to come about the same general results, they could even have a lottery where 1/10th of a 1% of the inmates could be the lucky winner, or it could be that a particular prosecutor gets to pick and choose. I mean is it going to be a debate between lawyers and a judge about whether to grant an attorny privacy with their client, or what?

      --
      disclaimer : My views do not represent those of every one else in slashdot.
    8. Re:make sure you read this part: by jthill · · Score: 1
      Read the actual changes before suggesting such comparisons. I guarantee you the current administration would not be pleased to learn what I say and believe about their values and intent, but this rule change is, from what I've read of it so far, completely reasonable.

      I do have one question: does anyone know whether the (written, by requirement, and by the AG or TLA head, by requirement) certifications of necessity must be public? I don't have time to spelunk for it, and if it turns out that they do have to publish their assertions, in a place where the general public can get them conveniently and could be expected to look for them, I'll be fine with this. Do read the rule. Please. I might have missed something.

      --
      As always, all IMO. Insert "I think" everywhere grammatically possible.
    9. Re:make sure you read this part: by Anonymous Coward · · Score: 0

      Knock, knock...

    10. Re:make sure you read this part: by IvyMike · · Score: 2

      First they came for the Communists,
      and I didn't speak up, because I wasn?t a Communist.
      Then they came for the Jews,
      and I didn't speak up, because I wasn?t a Jew.
      Then they came for the Catholics,
      and I didn't speak up, because I was a Protestant.
      Then they came for me,
      and by that time there was no one left to speak up for me.

      That gives us some time. I figure I wait until they get around to the Catholics before I have to do anything.

    11. Re:make sure you read this part: by egomaniac · · Score: 2

      Oh, BTW, regarding your .sig: If information were really free, the GPL wouldn't be necessary.

      Nonsense. By "information really were free" I'm referring to the notion that copyright and trademark law should be abolished, not to "you're not allowed to keep any secrets, ever". I assumed that was clear from context.

      If copyright and trademark law were abolished, Microsoft could hijack the source code for any OSS product they wanted and sell it as their own, bundled in with their own proprietary software, not give credit to the authors, and not release source for any of it, and there's not a damned thing anybody could do about it, assuming they were allowed keep secrets.

      The privacy advocates might have a bit to object to if nobody were allowed to keep secrets anymore...

      --
      ZFS: because love is never having to say fsck
    12. Re:make sure you read this part: by gilroy · · Score: 2
      Blockquoth the poster:

      "The Justice Department said less than one-tenth of 1 percent of federal inmates are subject to the provision that allows such monitoring.

      So with our current prison system, that's about what, 3 million prisoners?


      In 2000, there were 145,416 prisoners in federal prisons. (http://www.ojp.usdoj.gov/bjs/pub/ascii/p00.txt). That translates to about 145 people affected ... although this includes only prisoners, not detainees. Throw in the state prison population of 1,236,476, and you get 1380 affected people total.


      I'd say that's a lot.

    13. Re:make sure you read this part: by hughk · · Score: 1

      Not a good idea. In the UK we have seen measures taken for ant-terrorism applied to persons accused of regular criminal activity.

      --
      See my journal, I write things there
  15. Still Wobbly by Coniine · · Score: 2, Insightful

    Everyone is still a bit wobbly after the 911 attacks. In this wobbly state the majority of people have bought the fallacious idea that decreased freedom leads to increased security. Even though we have not had any significant attacks since the anthrax mailings those who have made this massive power-grab ( Ashcroft et al ) via the USA PATRIOT act and this recent little addendum have done their best to keep everyone in a wobbly state so that few people would dare to criticize their coup-in-the-works. There will come a time when their crying wolf no longer inspires the fear it has recently and the climate for questioning their overreaching and reversing it will improve. My worry is that a Republican stacked Supreme court could put us in a horrible position as regards rocovering ou lost civil rights. Therein lies the real danger.

    1. Re:Still Wobbly by Anonymous Coward · · Score: 0

      our lost civil rights

      Ya know I thought about this, then i though some more, and I wondered, what do I do which would piss off the republicans. I buy stuff, goto church, raise my family, a little kinky stuff 'tween me and my wife, workout, listen to music, go on vacation. WTF are they gonna be interested in that stuff?

      If *anything* the loss of some groups civil rights may *help* me and my family. Being a WASP, this means my kids won't be passed over for college admittance cuz some minority got the slot due to quotas. I will pay less in taxes becuase they ditch all the welfare stuff. I don't have to pay taxes for fucking AIDS research, maybe they can spend that money on cancer research (which BTW has affected 3 of my family members) and is money much better spent. My taxes don't go to the NEA so some freak can put a crucifix in a jar of piss and call it art. Republican all love guns, so I get to keep those. My kids are going to learn about how jimmy has to daddies is OK in a public school. Cheap oil prices.

      All in all sounds like a pretty good deal.

    2. Re:Still Wobbly by Eric+E.+Coe · · Score: 1
      Sounds good to me too. A nice, fat, happy life.

      But! It doesen't matter how much you toe the line and think that the powers-that-be would have no interest in you or your life - in only matters that you escape their notice in the bland flock of everyone else like you that they supposedly approve of. Should you be selected out for any reason, even the most trivial or random one - then the wolves will cut you from the flock and eat you. And the sheep still in the flock will bless the fact that they were not chosen (this time) and claim that you must have deserved it: "How dreadful!" they will say, "and he seemed to be just like us - I never knew he was so bad. I am glad they caught him. He deserves everything they do to him."

      It's the pink monkey syndrome. Anyone who is "different" is a outcast to be destroyed, for the safety of the flock. This is the dark part of our biological heritige, along with hopeful part of our individual yearning for freedom, liberty and diginity (i.e. our rights are inalienable beacuse they are part of our biology, not because the state can't take them away in the name of collective safety).

      Somehow, I am not getting a warm and cozy from the government on this one.

      --
      An esoteric scratched itch:
      Homeworld Map Maker Tool
    3. Re:Still Wobbly by Jon+Howard · · Score: 1

      I would like to address the popular idea that these anthrax attacks were "significant": In what way was this so? These attacks could have amounted to a total of less than 100 fatalities, which is statistically trivial. More people than this die from undercooked pork. The significance would have been far more pronounced had this biological agent been deployed via aerosol on a crowded football/baseball/whatever happens to be in season stadium, but nobody seems to notice that the goal here is not to kill as many US citizens as possible. I don't know what the goal is, since nobody has laid claim to these acts, and neither do you. One thing I do know is that the agent in question has been sent to mediapathic targets in small doses, and the "potential" threat of large scale terrorism has been used to trump many of our civil rights in a way that does not help prevent terrorism. In fact, I seem to hear more and more people pissed-off about this daily, one has to wonder how many "domestic terrorists" or "patriotic freedom fighters" this kneejerking has/has-the-"potential" to spawn.

      Please quit being so agitated on both sides and start looking at this situation rationally: all of this hysteria is the problem, not the terrorism or loss of freedoms - those are symptoms. Keep a calm head and everything is capable of being worked-out, but first it must be discussed rationally and publicly.

  16. Re:Commit a crime by SylvesterTheCat · · Score: 0

    Dear Genius,
    federal detainees != convicted felon

  17. More sensationalism! by trenton · · Score: 2, Informative
    Seriously, guys, do you ever read past the headline? They story clearly states that detainees must be informed of the monitoring. And, the monitoring only extends to telephone and mail; private meetings are undoubtably private.

    I don't think this in any way violates right to counsel.

    --
    Too big to fail? Does that make me to small to succeed?
    1. Re:More sensationalism! by Stonehand · · Score: 1

      Not only that, but it's not to be used for an ongoing prosecution, either.

      The objective appears to be detecting those who, through a lawyer serving as intermediary, maintain operational control or influence with accomplices in terrorism (apparently it's specific to this particular area), et al, on the outside. In such a case, additional information could lead to an investigation and a prosecution on new charges of conspiracy, et al.

      Hm, it'd probably also result in sanctions against the lawyer, as well. I seem to remember that some Mafia lawyers were prosecuted for being active accessories, not just uninvolved defense attornies.

      --
      Only the dead have seen the end of war.
    2. Re:More sensationalism! by Anonymous Coward · · Score: 1, Insightful
      Seriously, guys, do you ever read past the headline? They story clearly states that detainees must be informed of the monitoring. And, the monitoring only extends to telephone and mail; private meetings are undoubtably private.
      Apparently you don't remember the 1950's, when kids joined the Communist Party, did a few stupid things (probably not much stupider than they would have done if they joined the Young Republicans), thought better of it, and were prosecuted/persecuted years later.

      Ahmed joins a radical Islamic group, comes to USofA, finds he likes the people here, changes his name and his ways, gets caught up in a sweep and needs to talk to his lawyer about it. Oh yeah, he'll get a fair hearing. No doubt about it.

      AC
    3. Re:More sensationalism! by Happy+Monkey · · Score: 2

      And, the monitoring only extends to telephone and mail; private meetings are undoubtably private.

      What's the difference? And also, the fact that they're willing to bend the rules this much sort of removes the "undoubtedly" from your statement.

      --
      __
      Do ya feel happy-go-lucky, punk?
    4. Re:More sensationalism! by Anonymous Coward · · Score: 0

      You can expect to be modded down for that. Slashdot is no place for fact or reason. This place is all about blind liberal sensationalism.

    5. Re:More sensationalism! by Anonymous Coward · · Score: 0

      It doesn't say anywhere in the article that private conversations are exempt from monitoring. What the article says is that phone conversations and mail correspondence are subject to monitoring.

    6. Re:More sensationalism! by trenton · · Score: 1
      Private conversations are exempt from monitoring becuase they are now. The article talks about expanding the powers of monitioring to include mail and telephone, under certains specific conditions. Since it makes no change to private conversations they'll continue to be private and illegal to monitor.

      *trenton

      --
      Too big to fail? Does that make me to small to succeed?
  18. Right to Council and your rights to a fair trial. by actappan · · Score: 1

    I would think that to a great extent Attorney/Client privilege is one of the last true guarantors of a fair trial. If the prosecuting entity is aware of any and all possible defenses likely to be put forth by a defendant (regardless of actual guilt) they are likely to be able to counter in an effective manner. This will simply add to the public supposition that any one "guilty" enough to be indicted is guilty in fact.

    True, the events of September 11 were tragic in scope beyond any most of us have seen before - but this is hardly a reason to let our basic human and legal rights slip so quickly. Only weeks ago I was decrying the "slippery slope" argument as reactionary - I'm sadly becoming somewhat of a believer.

    Join the ACLU, write your congressman, speak out - before you're sitting in a glass walled booth with last years law school class listening in on your every word.

    --
    \Drew National Data Director, John Edwards for President
  19. Fear democracy by Anonymous Coward · · Score: 0

    After the event in which most americans have approved a full package with insane laws against their own civil rights, why someone would care about people that are supposed to be terrorists?

  20. DOJ Theme song by Hostile17 · · Score: 5, Funny

    99 civil rights on the wall, 99 civil rights, take on down, throw it away, 98 civil rights on the wall ....

    --
    Fascism should more properly be called corporatism, since it is the merger of state and corporate power - Benito Mussoli
    1. Re:DOJ Theme song by Happy+Monkey · · Score: 1

      s/on/up against/g

      --
      __
      Do ya feel happy-go-lucky, punk?
    2. Re:DOJ Theme song by Anonymous Coward · · Score: 0

      What are these 99 civil rights?

      Can you enumerate them for us?

      Or are you just being a dork?

    3. Re:DOJ Theme song by Tackhead · · Score: 3, Funny
      > 99 civil rights on the wall, 99 civil rights, take on down, throw it away, 98 civil rights on the wall ....

      Close, but no cigar.

      "5 amendments scratched offa the paper, five amendments scratched off..."

      Look in the bright side - they have to stop before amendment 16!

    4. Re:DOJ Theme song by Anonymous Coward · · Score: 0


      What are these 99 civil rights?

      Can you enumerate them for us?

      Or are you just being a dork?



      I am very sorry you didn't get the joke, perhaps next time I'll annotate it, just for you.

  21. Re:Why I AM against this by Mr_Ust · · Score: 2, Informative

    Umm. How the hell did this get a Score of 3? They are DETAINEES. They have yet to be convicted in a court of law. And most of the article went on about how preventing candid discussions between a lawyer and the SUSPECT might have implications on the defence.

    What ever happened to innocent until proven guilty?

    Did you even read the article?

  22. When will the time come? by IamLarryboy · · Score: 3, Funny

    When will things have gone far enough to justify a revolution? We are taliking about basic rights and freedoms here! These are rights and freedoms that PEOPLE DIED FOR!!!!Earlier today there was an anouncement on slashdot that now even math can be patented. Governmnet and corperations can now TELL US WHAT WE CAN DO WITH OUR OWN THOUGHTS AND IDEAS!!!Now we will be loosing our right to laywer clien confidentiality! This is argualby one of the most basic rights that we have! so when will the relolution come? how much longer can this go on? I say that a revolution would be moraly acceptable now. I do not think that that would be the most likely way to achieve the goal of getting our freedoms back. Nor do I think it would be the best way. I do however think that RIGHT NOW a revolution would be acceptable. That is scarry! If and when the revolution comes I suggest that the DOJ is the first against the wall. Then the Republicans. Then The Democrats. Then Microsoft! Wohoo! Just what I think.

    1. Re:When will the time come? by Anonymous Coward · · Score: 0

      Careful watch you say, Big Brother is watching ....

    2. Re:When will the time come? by jflynn · · Score: 2

      Please be careful, they're reactivating the Sedition Laws too.
      Sedition Law Used to Hold Suspects

    3. Re:When will the time come? by SofaMan · · Score: 1

      You don't boil a frog by dropping it in boiling water; it'll jump straight out. You boil it by putting it in cold water, then slowly raise the temperature. It'll fall asleep, then die.

      Your government knows this.

      --

      SofaMan -- Occasionally Battling Evil With His Mighty Powers Of Indolence.

  23. Re:Commit a crime by geekoid · · Score: 2

    I don't reply to ACs but if I did I hope it would be as funny as yours..Dear Genius...hehe

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  24. Clarifications by Debillitatus · · Score: 5, Interesting
    There are a few things in the article which are not mentioned, or perhaps even misrepresented, in the summary. When I first read the summary, I was both surprised and worried, because it sounds pretty rough.

    But as the CNN article states, this monitoring has many restrictions. First, the detainee must be informed of it, so there is no potential for the type of abuse which would make all detainees afraid to speak to their attorney; everyone would know when they were subject to such monitoring. Second, and even more importantly, this monitoring cannot be used as evidence against the detainee. The summary doesn't mention this, and this is crucial. The monitoring can only be used for informational purposes, to stop other crimes. And it is common that detainees communicate with the outside world with their lawyers, and I'm sure we can all believe there are situations where the detainee is communicating details of future crimes to their associates.

    I guess one thing is true is that this probably has less to do with terrorism than the administration would have us believe. It seems as though this is something which would be more effective against organized crime than terrorism.

    But once you actually read the article, this isn't such a big deal, and, in the grand scheme of things, might even be a good idea.

    --

    Come on, give it up, that's

    1. Re:Clarifications by Anonymous Coward · · Score: 0

      If you think Mr. John 'What is the Bill of Rights' Ashcroft is incapable of taking this further, think again. Remember how the recently passed Patriot Act(the name of that thing makes me sick) allows police to not show a warrant if they are afraid it might negatively affect the investigation? Who's to say that kind of thing won't be used here. And I certainly don't put it past Ashcroft's cronies to use the information they get from such talks to give the prosecution 'hints' on where to look. This is a violation of civil rights, and unless it is stopped _now_ Ashcroft will move forward with it as a base. I'm glad Jefferson isn't still alive. He'd probably die of shame.

      -Klep

    2. Re:Clarifications by lowflying · · Score: 1

      First, the detainee must be informed of it, so there is no potential for the type of abuse which would make all detainees afraid to speak to their attorney; everyone would know when they were subject to such monitoring.

      They are putting the listening devices in, and being trusted to turn them on and off at the correct time. "No potential for abuse" is a bit optimistic. Hollywood didn't come up with the idea of "accidentally" letting the witness see the guy getting booked and other charades on their own.

      Second, and even more importantly, this monitoring cannot be used as evidence against the detainee.

      Have you ever tried to backwards engineer anything? It is a lot easier to do the detective work to find evidence if you know what you are looking for during the search. The monitoring itself can't be used as evidence, but it can be used for other things, including locating other evidence to be used against you in a court of law.

      Dave

    3. Re:Clarifications by Debillitatus · · Score: 1
      They are putting the listening devices in, and being trusted to turn them on and off at the correct time. "No potential for abuse" is a bit optimistic. Hollywood didn't come up with the idea of "accidentally" letting the witness see the guy getting booked and other charades on their own.

      No, the point is is that there is a fear that if the authorities can monitor your conversation with your attorney, then you will not be as forthcoming. In other words, if I were arrested tomorrow, if I didn't know whether or not I was being monitored, then I would be careful with what I was saying to my attorney. But as this standard states, the authorities must inform you beforehand. So, even today, I can still have the confidence that they are not listening in, until they tell me.

      Have you ever tried to backwards engineer anything? It is a lot easier to do the detective work to find evidence if you know what you are looking for during the search. The monitoring itself can't be used as evidence, but it can be used for other things, including locating other evidence to be used against you in a court of law.

      Look, the algorithm is simple. Once they tell you that you are being monitored, then don't say anything that will incriminate yourself. As far as I can tell, your argument against it is that it restricts the rights of the guilty to get away with something. I see no way in which an innocent man could be hurt by this type of monitoring.

      --

      Come on, give it up, that's

    4. Re:Clarifications by Tackhead · · Score: 2
      > Second, and even more importantly, this monitoring cannot be used as evidence against the detainee.

      Yes, this is crucial.

      At the risk of getting my door knocked down by a bunch of Feebs in the middle of the night, I only see a conflict of interest if FBI ("cops") perform this monitoring, but not CIA or NSA ("spooks").

      It's the cops' job to bust people who have commited crimes and testify against them in court. Cops shouldn't listen to attorney-defendant discussions, because they're likely to be testifying in court against the defendant.

      It's the spooks' job to find badasses before crimes are committed and warn the cops ahead of time. Spooks ought to be able to listen to attorney-defendant discussions, because they sure as fsck won't be testifying in court.

      There's a world of difference between Offiser Bob saying "Your Honor, we picked him up for speeding, searched him, and found drugs, which he denies knowing about, but the defendant admitted he was drug trafficking in his lawyer's office and that he hoped to get away with only a speeding ticket" and Spooky Sam phoning Officer Bob to say "Bob, you might just want to point your radar gun down Highway 12 at 3:00 in the morning and pick up whoever's speeding by exactly 4 miles per hour, because one of our agents has just tweaked someone's speedometer by 5 mph."

    5. Re:Clarifications by jwilloug · · Score: 2, Insightful

      Cannot be used as evidence?

      Those wiretaps J. Edgar Hoover had done on "suspected communists" weren't admissable in court either. I'm sure he never had any intention of using them that way...

    6. Re:Clarifications by srvivn21 · · Score: 1
      Personally I find this sentance interesting:

      The statement stressed there are restrictions on the monitoring of such communications, which includes phone calls and mail.


      Includes phone calls and mail. What does it exclude? Face to face visits? Telegraphs? Fed Ex? None of the above?

      I'm mostly with you, in that I don't see it as that big a deal. Something to keep an eye on for sure (the best way to tame a wild horse is a little bit at a time), but nothing to run screaming from.
    7. Re:Clarifications by Asgard · · Score: 1

      What happens when every police station / prison meeting room has a sign "this room may be monitored". The problem with surveilance is that it tends to expand, then the protocols for implementing it become grey (as in the sign in my complex's laundry room that states that there is a security camera, and there isn't) until everyone *says* they are monitoring, even if they aren't.

      How many cars have a sticker on them for some no-name security product, when the product is just the sticker?

    8. Re:Clarifications by lowflying · · Score: 2, Interesting

      No, the point is is that there is a fear that if the authorities can monitor your conversation with your attorney, then you will not be as forthcoming.

      Yes, that is the point. This provides the infrastructure and the opportunity, they already tell you they are motivated.

      In other words, if I were arrested tomorrow, if I didn't know whether or not I was being monitored, then I would be careful with what I was saying to my attorney. But as this standard states, the authorities must inform you beforehand. So, even today, I can still have the confidence that they are not listening in, until they tell me.

      No, you can't. I have personally watched law enforcement officials from local county sheriffs to U.S. Marshalls cheat the system to "nail the bad guys" when they had plausible deniability. You will not know that they are listening unless they tell you. Because they don't doesn't mean that they aren't.

      Look, the algorithm is simple. Once they tell you that you are being monitored, then don't say anything that will incriminate yourself.

      Meaning that you cannot have a frank and honest conversation with your lawyer.

      As far as I can tell, your argument against it is that it restricts the rights of the guilty to get away with something. I see no way in which an innocent man could be hurt by this type of monitoring.

      Clearly, you have never experienced the joys of our criminal justice system firsthand, or read about the tragedies inflicted on innocents.

      Assume I am innocent of everything, but have a funny last name, creating sufficient probable cause to be arrested. The cops listen in as I tell my attorney everything. I explain that as a young and misguided youth, I once gave money to another guy with funny sounding name for a subscription to the newsletter he was peddling. I read a few issues, decided the other guy with a funny sounding name was way too funny for me, and trashed every newsletter after that. The cops investigate, and sure I gave that guy money. They investigate further, that guy sold my contact information to FunnyNamedTerrorists'R'Us, who put me in their big database, and a funny named but incredibly competetent sysadmin made backups and stored them offsite. FNT'R'Us resells my info and so on, and I am suddenly on every marketing list of every funny named spammer ever born. People without funny names make a retaliatory raid on each of these places which have my contact information, including a cool, dry, earthquake proof vault in the mountains of the funny name homeland. In court the prosecutor, with much vigor and insinuation tells the jury "This guy with the funny name claims he hasn't had any contact with the Funny Named Terrorist Liberation Front, but they sure know who he is... look at how many of their front organizations have made contact with him, sending him secret coded messages by e-mail, snail-mail, and over 1000 phone calls in the middle of dinner last month alone!!!"

      Worse yet, I was scared to mention this to my lawyer, because I knew the cops were monitoring us.

    9. Re:Clarifications by Anonymous Coward · · Score: 0

      So on a day when you really need to tell your attorney about the ass raping you took the night before and ask for some advice:

      "THEY" come and say to you:

      "Hey, not to to worry you or anything, but
      we are monitoring you today and we better not hear anything we don't like.."

      So you go ahead and say that the government bites balls, you are innocent , unjustly impri-
      soned,etc..and need salve and some stitches.
      You also mention that the guards are jerks and threatened you if they heard anything they don't like.

      The monitoring gaurds hear this:

      "This guy needs to be raped more to be put in a
      more cooperative state of mind., he'll learn to respect our authority, and take a hint.."

      Information is NOT a sterile commodity, it
      will be acted upon by those privy to it.

  25. So what? by snake_dad · · Score: 1

    A client of a lawyer has been arrested because he most probably broke the law. If the client somehow admits to breaking that law to his lawyer or to a jury, and because of that he gets punished for breaking the law, well, great. Justice being done. If client has a problem with that he should not have broken the law.

    I do realise that statement is a little bit black and white. I think that some sort of rules would need to apply for this, e.g. only allowing it for really serious offenses, not for traffic violations.

    I admit I haven't read the article yet, so maybe restrictions are already in place. If not, that is something that will probably be worked out later...

    --
    karma capped .sig seeking available Slashdot poster for long-term relationship.
    1. Re:So what? by Happy+Monkey · · Score: 2

      A client of a lawyer has been arrested because he most probably broke the law.

      I would disagree with this, especially with respect to the 1000+ people being held WRT the 9/11 attacks.

      If the client somehow admits to breaking that law to his lawyer or to a jury, and because of that he gets punished for breaking the law, well, great. Justice being done. If client has a problem with that he should not have broken the law.

      The problem is not when the client admits guilt to the lawyer. The problem is that the prosecution gets to listen in to the defense's strategy sessions, and can plan their prosecuton accordingly. This will not result in verdicts that are more fair; it will result in more guilty verdicts. Whoever has more information has the advantage, regardless of the fact of the case.

      --
      __
      Do ya feel happy-go-lucky, punk?
  26. Opposition by Alien54 · · Score: 2
    They are prtobably trying out many things, just to see what they can get away with.

    If everyone makes a big stink, then they back down. If no one opposes them, then they win.

    I cannot imagine it standing up well in court, unless it is one of those secret FISA courts.

    Now is the time to keep vigilent and make a stink.

    --
    "It is a greater offense to steal men's labor, than their clothes"
    1. Re:Opposition by RestiffBard · · Score: 2

      you seem to forget the court that is in power elected the president that appointed the attorney general.

      --
      - /* dead coders leave no comments */
  27. Re:Commit a crime by Anonymous Coward · · Score: 0

    The venn diagram of Federal Detainees and convicted felons has a huge intercept, though.

    And, it's hard to determine what damage a policy like this will have on the case of anybody innocent of wrongdoing...

  28. Good grief... by markmoss · · Score: 3, Interesting

    ... because they're PRISONERS. As far as I'm concerned, they have no rights whatsoever. They are the ones that violated OUR rights in one way or another. They are detainees, NOT convicted of anything, and in general NOT EVEN CHARGED with anything. One man was held for three weeks because he called the FBI and told them that he had rented a room to one of the hijackers for a while...

    I guess landlords are automatically criminals, eh?

  29. Renamed: Why you are completely WRONG by eparusel · · Score: 1

    Being suspected or charged with a crime does not mean that you are guilty!

    What if YOU were wrongly charged with a crime, would YOU want to have no rights whatsoever?

    Jeez.

  30. HELP!! by Anonymous Coward · · Score: 0

    Hi there.

    I was directed to your website by people who said that you people know a lot about Linex.

    I am going to try to upgrade my Windows 95/AOL computer to Linex and I was reading the instruction manual. It said something about mounting the hard drives.

    My problem is that my computer has 2 hard drives but only one of the little spaces that you put a hard drive in. The other hard drive is mounted in one of the big spaces where the CD changer goes.

    My question is: is Linex smart like Windows 95 so it will know where my second hard drive is mounted? Or should I buy a new computer case so I have the hard drives mounted in the right place?

    Thanks very much for any help you can give me!!! :)))

  31. Confuse the public, then take their rights away by Nitroshock · · Score: 4, Funny

    That move...is necessary to help "prevent further terrorist acts,"

    The article goes on to state

    The Justice Department said less than one-tenth of 1 percent of federal inmates are subject to the provision that allows such monitoring. It pointed out most inmates subject to special administrative measure have no relation to the terrorism investigation, spawned by the deadly September 11 hijackings and attacks.

    That prevents further terrorist acts, how? By monitoring non-terrorists? I'm gonna go prevent terrorism by washing my car.

    1. Re:Confuse the public, then take their rights away by Anonymous Coward · · Score: 0

      Why don't you do your civic duty and prevent terrorism by washing my car?

  32. So you presume guilt by Anonymous Coward · · Score: 1, Insightful

    >I have no opposition to this at all... because they're PRISONERS. As far as I'm concerned, they have no rights whatsoever. They are the ones that violated OUR rights in one way or another... they're punishment is they're rights stripped from them. Privacy & Liberty... two rights I don't think prisoners should have at all.

    I have to believe you don't understand what you are wishing for, or you are insane.

    Do "any" prisoners deserve the right to a fair trial BEFORE being convicted? If you say yes, you've convicted yourself... these "prisoners" are not yet convicted. Of course, anyone the government arrests must be guilty, and the government is not prone to overstepping their bounds. Just ask Leonard Peltier.

    If you say no, and you don't believe in presumed innocence... PLEASE get your ass out of the USA (if that's where you are) and move to Japan, where they have a nice "tidy and efficent" legal system that presumes guilt. Most people CONFESS there because the courts find people guilty 99% of the time.

    Better yet, move to one of those middle eastern countries, where conservative men with guns and a narrow mind have the most say.

    I hope you have children, that they someday take a puff of a joint, and the very government abuses you helped open the door on are used to put them into jail (or make them an informant even).

    I have no sympathy for the terrorists -- but I'm not about to willingly live under a government that "destroys freedom to save freedom".

    Ignorance is Freedom.

  33. this is crazy by kraada · · Score: 1

    I realize they're saying that they are only going to use information about the person's "ongoing" crime or crime's they're considering committing, but who among us really believes them?
    Granted, the person in prison really ought to NOT tell their lawyers other illicit plans (simply because it's a dumb idea) however they should NOT be listened to anyway.
    I don't believe the article when it says that eavesdropped material in the current case wouldn't be used. Of course it would be used. People can't hear things that are pertinent to something their working on and not incorporate that extra information into what they're going to do somehow. It's human nature.
    You're worried about terrorism? This won't stop terrorism one bit, because a real terrorist isn't going to trust their random court appointed lawyer. Even if he's their own lawyer, he's not going to go on about how he's going to kill people. It's dumb.
    But I bet you the government says they will and they'll use that "admission" to keep them locked away for a good long time before a trial. Even besides that, they'll go to the public and say "This person confessed to being a murderer to his attorney, and he indicated persons X, Y and Z" they then arrest X Y and Z whether or not the person said it, and the government gets carte blanche . . .
    Hooray abuse of power.
    I can't see this going anywhere good . . .
    All I can say is I'm glad I'm not an arab . . . and my prayers to all of the arabs to weather the propaganada storm.
    K

    1. Re:this is crazy by Debillitatus · · Score: 1
      I realize they're saying that they are only going to use information about the person's "ongoing" crime or crime's they're considering committing, but who among us really believes them?

      Perhaps you're right. But if you're assuming that the government is going to break the law anyway, how does this change anything? Why don't they just monitor you now, and not tell you?

      --

      Come on, give it up, that's

  34. Slashdot Headline out of line by daviskw · · Score: 3, Interesting

    Did you read the article or are you just posting inflamatory material for kicks. First, the Government never said Council was being denied. Second, they put up huge road blocks to insure that Government lawyers don't have access to privledged information. Third, they tell the prisoners that this particular action is being taken. All of this is safeguarded by a requirement that they have to show to a judge that there is a good chance the prisoner knows something about future terrorist attacks.

    Not to mention that if a future terrorist attack did happen and they could have prevented it by listening in on the interviews, loss to life could be catastrophic.

    Remember the life you save, could be your own.

    --
    Beware the wood elf!!!
    1. Re:Slashdot Headline out of line by Anonymous Coward · · Score: 0
      "Did you read the article or are you just posting inflamatory material for kicks?"

      Really, you should know better with your five digit uid! This is slashdot, after all!

    2. Re:Slashdot Headline out of line by nomadic · · Score: 2

      You're missing the point. This is the one branch of government that should have the LEAST say into how a plan like this would be implemented. If it's that important let Congress vote on it, then let the courts say if it's Constitutional or not. What the hell gives the prosecutors the right to limit defense attorneys?

  35. More Problems by Links+Awake · · Score: 0
    This defies logic for many reasons:-

    1) If the detainee is told that he is being monitored than he will say nothing to incriminate himself, thus defeating the purpose of monitoring.

    2) This cant be strictly legal, any information garnered in this way may be challenged and thrown out, again defeating the purpose.

    3) Assuming the Govt. has arrested over 1000 people so far, and that rate of arrest continues, how many man hours are going to be used up carrying this out. Hours which could be better used in other ways assuming that monitoring will achieve nothing.

    4) If this does go ahead, how long will it be before its extended out to other cases.

    5) And if there is no lawyer/client privledge than how can lawyers give clients the best defence possible, which even guilty people deserve, never mind those that have been wrongly accused.

    --
    This is the worst sig ever.
    1. Re:More Problems by overunderunderdone · · Score: 1

      1) If the detainee is told that he is being monitored than he will say nothing to incriminate himself, thus defeating the purpose of monitoring.

      1A) But the detainee will also not be able to communicate effectively with his coconspiritors on the outside. Maybe you don't find out as much about the crimes he and his friends are planning but at least you disrupt his ability to commit them.

      1B) It's not even true. Many prisoners already have their phone calls (other than to their lawyer) monitored WITH their knowledge and STILL slip up during the flow of conversation.

      2) This cant be strictly legal, any information garnered in this way may be challenged and thrown out, again defeating the purpose.

      2A) I don't think the law is as clear as you think on this matter.

      2B) You may be right though about the legal issue, but the FBI has two tasks which in this case potentially conflict. Their traditional law enforcement task is to bring the guilty to justice which means they have to follow all the niceties of protecting the accused's civil liberties or lose their case because of the exclusionary rule. The other task is to act as a domestic intelligence (or counterintelligence) agency which involves gathering intelligence (in this case to prevent future attacks) regardless of whether or not that intelligence is gathered in a way that will be admissable in court. (sort of like MI6 in the UK which is NOT a law enforcement agency and so has no defacto restrictions on it's methods but also no dejure authority - thus their number one rule is: Thou shalt not get caught) After 9/11 the FBI had a new mandate to put more emphasis on the intelligence gathering rather than only on law enforcement.

      3) Assuming the Govt. has arrested over 1000 people so far, and that rate of arrest continues, how many man hours are going to be used up carrying this out. Hours which could be better used in other ways assuming that monitoring will achieve nothing.

      Do you have a better way for them to spend their time? Honestly if you know of any more promising leads I would hope that you have already informed the FBI about them. A lot of investigative work is following up every lead or *possiblity of developing a lead* no matter how unpromising it may be. Monitoring the conversations of people you are already suspicious enough to detain is a pretty promising source of future leads.

      4) If this does go ahead, how long will it be before its extended out to other cases.

      A fair concern but then again the "slippery slope" argument could as easily by used to prevent ANY action by police. "If they put murderers in jail it's only a matter of time before they put jaywalkers in jail! We must protest to stop the jailing of murderers"

      5) And if there is no lawyer/client privledge than how can lawyers give clients the best defence possible, which even guilty people deserve, never mind those that have been wrongly accused.

      5A) From what I understand this only applies to phone conversations so their right to have confidential conversations with their lawyers is not being denied only the privilege of having private phone conversations which does not seem that unreasonable a restriction considering the number of organised crime figures that manage to run criminal enterprises from jail.

      5B) Just a niggling point - the guilty DO NOT deserve the best defence possible. They only thing they deserve is to be punished for their crimes. They have a RIGHT to the best defense possible because we don't know whether they are the guilty or the wrongfully accused. If we KNEW they were guilty we would not need the whole complication of the judicial process.

  36. It's 'only' been used on existing recordings. by RyanFenton · · Score: 2, Interesting


    Such as already-tapped cell phone conversations and the like. And it is limited to situations where a case was not yet existing, where the client was asking if it would be legal if they did something - but still, the chilling effect is quite evident.

    Although slippery slope argunements are usually incomplete logic - this would mean that first clients would have to learn to stop asking for councel from their own attourneys, which should in itself damage the client-attourney relationship, damaging the very basis of the U.S. legal system. Just because a confession doesn't take place on sunday in a confessional, but instead takes place in a letter to a priest, does not mean that the priest has to hand over the letter if asked. Also similar though would be a client asking for advice from a psychologist over the phone - to take such conversations to court is chilling in many ways. What form of servailance is fair, what is not? Would it be legal to install transmitters into all defence attourneys?

    Ryan Fenton

    1. Re:It's 'only' been used on existing recordings. by Chris+Johnson · · Score: 2

      If you can install transmitters into all defense attorneys, can we also install concealed explosive charges? That way, if the person is found to be an attorney, they can be safely detonated :)

  37. The Supreme Court elected these people. by Anonymous Coward · · Score: 0

    "We" had nothing to do with this.

  38. Criminals or POW's by Lil'wombat · · Score: 1

    IANAL (but I watch Law and Order) As criminals, any information gained from bugging conversations is inadmissable, as in anything gained from the illegally obtained information unless the prosecution can show that discovery was inevitable.
    However, no such prohibition applys to POWS or espionage and many other countries do not have prohibitions against bugging conversations.
    We can't convict you here in the US, but we can deport you to our allies in Turkey
    or
    We no longer consider you a criminal, but a foreign national spy. Welcome to Levenworth.

    --

    Truth: If it's not one thing, it's another

    1. Re:Criminals or POW's by yellowjacket03 · · Score: 1

      While I do like Law and Order, I think that they have planted some wrong ideas in your head. The police can get a warrant to tap your phone and they can use parabolic microphones to record conversations that you have say, in your backyard. (This is one of the ways that they got John Gotti). This doesn't apply to conversations that are privileged, like to your doctor, lawyer or priest. Now if the lawyer is aiding in criminal activities, than I believe that the privilege no longer applies.

  39. This won't fly. by VanL · · Score: 3, Interesting

    First, note the link on the attached story: this is a *proposed* rule, not an accepted one.

    Second, the attorney-client privilege is one of the most strongly-defended privacy rights. While it is true that attorney-client privilege does not protect prospective crimes, in order to break the privilege, the government must be able to convince a judge that there is a very strong likelihood of the commision of a crime in the near future. Being in jail, even for a heinous crime, is not grounds for a strong suspicion.

    Bottom line: They may try this, but the first judge who sees it will throw it out.

    1. Re:This won't fly. by chipuni · · Score: 3, Informative
      Uhmmm... no.

      According to The Washington Post (http://www.washingtonpost.com/wp-dyn/articles/A64 663-2001Nov8.html, for the goat-wary),

      The Justice Department has decided to listen in on the conversations of lawyers with clients in federal custody, including people who have been detained but not charged with any crime, whenever that is deemed necessary to prevent violence or terrorism.

      Attorney General John D. Ashcroft approved the eavesdropping rule on an emergency basis last week, without the usual waiting period for public comment. It went into effect immediately, permitting the government to monitor conversations and intercept mail between people in custody and their attorneys for up to a year at a time.

      --
      Never play leapfrog with a unicorn. Or a juggernaut.
    2. Re:This won't fly. by Chris+Johnson · · Score: 2
      What gets me is this: the law went into effect a day _before_ it was made public.

      If they can do that, can't they just make up whatever the hell they want and claim it went into effect yesterday? Creepy.

  40. Re:Why I AM against this by Anonymous Coward · · Score: 0

    Innocent until proven guilty means they're innocent until proven guilty. Monitoring Lawyer-Client conversations is not punishment. Thus they are not being treated as if they are guilty.

    Sheesh, you people don't get it, do you?

  41. Bitch and Moan by cvd6262 · · Score: 1

    * 2001-11-09 00:37:56 Att Gen Further Destroys Rights (articles,usa) (rejected)

    --

    I'd rather have someone respond than be modded up.

    1. Re:Bitch and Moan by Anonymous Coward · · Score: 0

      Sure must suck to be you. Your title obviously wasn't inflammatory enough.

  42. Re:Commit a crime by Abnornymous+Howard · · Score: 1

    Keep repeating that to yourself until you get wrongfully busted. When someone then says that you probably belong to the huge intercept and they throw your ass in jail just wait for the goatse.cx:iation of uranus.

  43. All that is solid melts into... by perrin · · Score: 1

    In this war that is being waged with such religous fervour by both sides, nothing seems to be holy anymore. Such bitter irony. And Bush still talks about fighting for freedom... yeah, right...

    There is a more in depth Associated Press article on the subject here.

    Also, in related news, the ancient and extremely dangerous sedition laws are being expanded and rehabilitated. These are the laws that were used to jail anarchists and communists for their opinions during the McCarthy era.

  44. Please, fight your knee-jerk reaction by Bud+Dwyer · · Score: 2, Informative
    I know that the typical slashdot-reader is a discipline-case with serious distrust of authority, but please read the article before you pass judgement. The justice department's move is not at all controversial, unless you're one of those anti-American types who thought we got was coming to us 9/11.


    To put your mind at ease if you're too lazy to click the link in the article, I'll reproduce the most relevant part here:

    The statement stressed there are restrictions on the monitoring of such communications, which includes phone calls and mail. Among them are that the inmates being held must be told of the monitoring, that the monitoring team cannot have a connection to any "ongoing prosecution" and that the monitoring must be limited to inmates subject to a "special administrative measure."

    "In order to be subject to a special administrative measure the attorney general has to have a certification from the head of a law enforcement or intelligence agency that reasonable suspicion exists to believe that a particular inmate may use communication with attorneys or their agents to further or facilitate acts of terrorism," the statement said. [Emphasis added.]

    If you don't get it, read that again. Now, what is there to whine about? I'm all for Civil Liberties, but this case has absolutely nothing to do with Civil Liberties. Terrorists, especially foreign terrorists, have no Civil Liberties to be concerned with, as far as I and 99.9% of Americans are concerned.
    1. Re:Please, fight your knee-jerk reaction by Anonymous Coward · · Score: 0

      reasonable suspicion
      Thats the same blurb used to round up and hold 1000 people because they have arab last names. Guilty until proven innocent is being throw out the window, open your eyes.

    2. Re:Please, fight your knee-jerk reaction by kindbud · · Score: 2

      The justice department's move is not at all controversial, unless you're one of those anti-American types who thought we got was coming to us 9/11.

      Oh I see, if you don't tow the party line, you must be one of them. Got it. Heard it before. It isn't any more convincing coming from you than it was coming from anyone else.

      --
      Edith Keeler Must Die
    3. Re:Please, fight your knee-jerk reaction by kcbrown · · Score: 1
      "In order to be subject to a special administrative measure the attorney general has to have a certification from the head of a law enforcement or intelligence agency that reasonable suspicion exists to believe that a particular inmate may use communication with attorneys or their agents to further or facilitate acts of terrorism," the statement said. [Emphasis added.]

      From: John Ashcroft, Attorney General
      To: George Tenet, Director of Central Intelligence
      Subject: Need a favor...

      Hi, George. Seems we have a guy in custody who we might have a little trouble winning our case against. We need some evidence against him (we'll anonymize it, of course) so that we can nail him for something, and want to listen in to his conversations with his lawyer to get it. But we can't do that without a certification that a reasonable suspicion exists that he may use these conversations for terrorism purposes. Could you send me another one of those?

      I know I keep asking for these but you know we have a quota to keep.

      Thanks in advance, George. Lunch is on me next time. And if there's anything you need, anything at all, just let me know.

      -- John

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    4. Re:Please, fight your knee-jerk reaction by dhogaza · · Score: 2

      And what's the definition of "Terrorism"? What's the penalty for falsely certifying? How will anyone find out if falsification has occurred?

      What exactly was the problem with requiring a federal judge to agree to such monitoring? Exactly as is done today to get a warrant?

      What was broken that needs fixing? (answer: nothing)

      Then ... what was the motivation for fixing the non-problem? (expansion of the powers of federal prosecutors)

      And after this is deemed Constiutional (if it is, doubtful IMO), what is to prevent expansion? Our faith in the goodness of federal prosecutors and the office of the AG?

    5. Re:Please, fight your knee-jerk reaction by overunderunderdone · · Score: 1

      And yet if your solution to potential abuses of power is to deny that power to the authorities there would be no law enforcement powers at all. Honestly can you name me EVEN ONE police power that is NOT open to simlar abuse. They have the power in special circumstances (just as this one applies to special circumstance) to not just invade your privacy but abduct you (called an arrest), lock you in a cage (called a jail or prison), enslave you (work detail), and even kill you (this is why police have guns you know). Listening to your conversations is the least of your problems if the authorities are in the conspiracy you envision to abuse your rights. Heck they already have the power to monitor prisoners phone conversations except when it is to their lawyer, if they were engaged in the conspiracy you believe them to be engaged in they would not have had to bother mentioning this.

    6. Re:Please, fight your knee-jerk reaction by Anonymous Coward · · Score: 0

      just wait until you are that one percent. I know it's unlikly, but it's the x% of us that bitch our hearts out that keep the rest of you cows from being taken down for leather.

    7. Re:Please, fight your knee-jerk reaction by gilroy · · Score: 2
      Blockquoth the poster:

      Terrorists, especially foreign terrorists, have no Civil Liberties to be concerned with, as far as I and 99.9% of Americans are concerned.

      Well, then you and 99.9% of Americans are wrong. The point of civil liberties are exactly that they apply to everyone: the innocent, the guilty, the slow, the rich, the poor. Every exclusion of a person from the scope of civil liberty demeans and endangers us all. The point is, we can allow fair trials and due process and still whip these guys. I believe that, because I believe in this country... not its economy or its geography or its military might, but its fundamental philosophical rightness: that these truths are universal and unalienable.


      But even that isn't relevant, because this is applicable to suspects not convicted terrorists. That is, it's applicable even if the person in question has not been proved guilty of anything yet. It's applicable at the whim of an administrative panel, not after scrutiny by a judge. And that is an affront to the whole edifice of American justice.


      The justice department's move is not at all controversial, unless you're one of those anti-American types who thought we got was coming to us 9/11.

      Ah, the wonderful unbridled arrogance of slashdot! It certainly is controversial, if only in that it has generated controversy. Reasonable citizens obviously disagree on its appropriateness. And I'm not one who thinks "we got [what] was coming to us 9/11", but this move strikes me as both unnecessary and dangerous ... not mention contemptuous of the Constitution these guys are hired to protect.
  45. The ACLU should remain silent by death_denied · · Score: 1

    From my experience, conservatives are rather unhappy with the ACLU. This might seem counterintuitive but the very act of supporting a cause, by a despised entity, can significantly harm it. If the ACLU were to stay out of these civil liberties issues, I don't care about rather they defend other issues though, maybe more conservatives would put more thought into rather we should abolish certain liberties.

  46. Other disturbing DoJ doings... by ackthpt · · Score: 1
    Atty. Gen. John "I promise not to let the conservative reublican agenda influence my decisions" Ashcroft tried to interfere with Oregon's Assisted Suicide law

    Dept. of John goes soft on big business.

    "Quick, while they're all watching the war in Afghanistan, let's slip these things under their noses..."

    --

    A feeling of having made the same mistake before: Deja Foobar
  47. It's for your own good... by imrdkl · · Score: 2
    Calm down. Nothing to see here.

    Anything "they" learn would never make it into court. If the public is asking for protection then they should probably be interested in what a terrorism suspect would communicate to the outside world, at this time. Even if done so through his/her lawyer.

    Lets roll! Steamroll!

    1. Re:It's for your own good... by mgv · · Score: 1

      It could make it into court. Just not the case that is being prosecuted. But it could go into another case against another person, could it not?

      Or how about another case subsequently about the same person, even if they have been found innocent against the original crime?

      Michael

      --
      There is no cryptographic solution to the problem where the intended receiver and the attacker are the same entity.
  48. Getting the right balance by mgv · · Score: 1

    This is a hard area to get right. The problem is that about 95% of the time (just a straw poll figure from a defence lawyer I know) the government got it right, and the person charged is guilty. So there is alot of effort in keeping (mostly) the 5% of non offenders out of jail.

    Its always been considered that it was better to let alot of guilty people go free than to convict one innocent - and that is the principal which gives the accused so many rights (in the first world, at least).

    The disadvantage of this approach is that it means that you will let some guilty people go free. Its an acknowledgement of lack of sensitivity and specificity of the legal process as a tool for justice.

    In the context of the recent terrorist attacks, society has become alot more afraid or letting a few guilty people go free, and there is a big push to strengthen laws and reduce certain freedoms.

    How you feel on this is your own business.

    The problem I see is that the justice system and the law remain lacking in sensitivity and specifity. They tend to pick up people after the fact. Many things are being pushed forward here in the name of improving safety and security for all, but when you think it through few if any of them really have any relevance to what happened, or would have prevented it.

    Countries around the world are tightening their legislation in response to September 11. The people expect something done, and the government will do.

    Removing someones right to counsel isn't really going to help the situation. It isn't going to prevent terrorist attacks. It will mean that the small percentage of those detained will be reluctant to get advice, and therefore may not defend themselves properly. Ultimately, innocent people may well be imprisoned because of this loss of confidential advice. Certainly, guilty people may end up convicted of far worse crimes than they actually did.

    Michael

    --
    There is no cryptographic solution to the problem where the intended receiver and the attacker are the same entity.
  49. all in the name of 'anti-terrorism' by TheGratefulNet · · Score: 4, Insightful
    seems you can get anything passed thru today, if you say its in the name of anti-terrorism.

    how different is this from the terrorists view; in that they also feel that the end justifies ANY means?

    does the end really justify ANY means? isn't how you get there just as important as the end result, itself?

    --

    --
    "It is now safe to switch off your computer."
    1. Re:all in the name of 'anti-terrorism' by clifton_ · · Score: 0

      Heh, something to finally replace the 'ol worn out "will someone please think of the children?".

  50. mod parent up - Interesting! (n/t) by CptnHarlock · · Score: 1

    NT I said!..

    --
    $HOME is where the .*shrc is
    -- silver_p
  51. If you think this stinks... by surfcow · · Score: 1

    If you think this stinks, do something about it. Write your congressmen. Today. Tomorrow is way too late.

    This site will send your senators and representatives a fax for free.

    If you really care about this, then write. All it takes is time and will. Keep it short, polite, on topic, just 2 or 3 points and tell them you are a constituent.

    =brian

    "Drop a frog in boiling water and it will jump out. Heat the water slowly and it will die."

  52. Oh, now we see the violence inherent in the system by baudbarf · · Score: 1

    "...help, help, I'm being repressed!" "Bloody peasant!" :)

    What began as a disaster has turned into a blessing for the government! Under the guise of ridding our world of terrorism; they've simply pulled the constitution out from under us. "Well, we won't be needing THIS anymore, now will we?", they say, tearing it several times and discarding it. "Now, where was that self-help book on building a better government?" Looking around briefly, they spot a book entitled "1984" lying on a table. "AH! There it is!"

    Patriot talk: "I'm willing to sacrifice ALL my civil rights, if it will keep America the land of the FREE!"

    Patriot talk: "America means FREEDOM! And that means you can be whoever you want to be, you can say whatever you want to say, without fear ... unless you're unpatriotic of course, in that case, I hope the NSA throws you in jail, you worthless commie!!"

    Seriously, who here has the balls to put a sticker that says "Proud to be unpatriotic" on their brand new car?? I dare you! In this country, where people are supposed to be free, the patriots are the ones who are the most oppressive.

    Where are we going? And why are we in this handbasket?

    --
    You can run but you can't hide, except, apparently, along the Afghan-Pakistani border.
  53. Ignorant by Danse · · Score: 4, Insightful

    So you want to throw the "innocent until proven guilty" assumption out the window then, huh? Why do we even bother to pretend we're a democracy anymore? Assholes like you want to give all authority over to the government without assigning any accountability or oversight. We'll just trust them to always do what's right? You're ignorant and more of a danger to the American way of life than any terrorist out there.

    --
    It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    1. Re:Ignorant by trentfoley · · Score: 1
      Why do we even bother to pretend we're a democracy anymore?

      I've been asking that question for a number of years now. Our representative form of democracy is far from a true democracy. Hell, it isn't even a true representative democracy! Even though the vast majority of our elected officals have been elected by the people (or less representative yet, the Electoral College), too many of them serve the corporations and businesses as their constituents rather than the individuals that had cast the actual votes. I'm sure that this is not true of all elected officials, but I would wager that the percentage is high enough to be significant.

    2. Re:Ignorant by Anonymous Coward · · Score: 0

      from the brave, the bold, the battered
      heart of Chevrolet:
      Democracy is coming to the U.S.A.

      Leonard Cohen, 1992

    3. Re:Ignorant by Anonymous Coward · · Score: 0
      Why do we even bother to pretend we're a democracy anymore?

      I suppose it is done because of two reasons:
      • i. international PR
      • ii. the need to keep so-called "liberals" anesthetized.
      But there should not be much need for pretending while the majority of electorate does not deeply care about democracy. Maybe it is just a habit?
  54. What's next? by BoarderPhreak · · Score: 2, Interesting
    Patient-doctor confidentiality? How about your minister, preacher or what-have-you? What's next?

    Must we whisper to each other in shadowed alleyways?

  55. Fascist pigs by Anonymous Coward · · Score: 0

    >As far as I can tell, the only 'right' being taken away is that of privacy, which is automatically given up when you're a federal detainee.

    Lots of people -convicted murderers even - have had their innocence "proven" by DNA evidence. That those people were convicted in the first place is because the authorities felt the need to close the case... and indicates how the system is already shortchanging ACCUSED BUT NOT CONVICTED people of their rights.

    This WILL have one certain effect... it'll raise the "conviction rate", and it will ENCOURAGE plea bargains because people will not trust they are getting a fair trial. See next comment.

    >"No information that is protected by attorney-client privilege may be used for prosecution". There's massive differences between the two. Get them straight before you whine about terrorist's rights being taken away.

    Again, you presume guilt by labeling anyone whose rights are abused by the government as a terrorist. Who the fuck are you to decide all this?

    And if you believe the government the government will change their ways because we give them MORE power, you are a FOOL.

    Even if this ecidence is not admissible in court, it can be USED to LOCATE other evidence, and THAT can be admitted. Fuck, even an "anonymous tip" these days can be used to gain a warrant. All a cop needs to do is have his partner call in a tip from a payphone. That's your minimized 4th ammendment, thanks to Ronnie Raygun's War On Drugs (that he was a drug dealer himself of course, he does not remember).

    I fully expect this will be extended and used in the War On Drugs. Ashcroft is already "linking" the two wars together.

  56. Disbarred... by sterno · · Score: 1

    Actually, that kind of behavior can get a Lawyer disbarred. The court expects attorneys to give their clients the best defense possible. Furthermore, attorneys have it in their career interest to not reveal that information. I mean who wants to hire a lawyer who loses?

    --
    This sig has been temporarily disconnected or is no longer in service
  57. yep by Danse · · Score: 1

    Slashdot is doing some screwy things lately. I've had entire posts turned into links because /. removed a closing anchor tag somehow. I repasted my post (i always copy a post before submitting now since it fails so often) into notepad, so I know that it wasn't my mistake.

    --
    It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  58. Is Attorney-client privilege necessary? by Will_Malverson · · Score: 1

    I'm not trolling here, it's an honest question.

    What is the logic behind ACP? After all, under the law, an attorney is not allowed to silently watch his client tell a lie to the court. (As an officer of the court, (s)he's obligated to not allow a 'fraud on the court'.) A lawyer friend of mine said that this means that OJ's attorneys probably never asked him if killed Ron and Nicole.

    So, it's not to allow the client to honestly discuss his or her case with an attorney. What is it for?

    1. Re:Is Attorney-client privilege necessary? by MacDaffy · · Score: 1

      It protects the client's right against self-incrimination. Without privilege, the government could simply obtain evidence it wanted from the attorney (steal it... physically threaten or jail the attorney... bribery...) and convict the person.

      And I think OJ's lawyers simply asked him what happened the night his wife and Ron Goldman were killed. They took what he told them and fashioned their defense to fit it. It worked.

  59. SURE you can expect the gov't to keep their word.. by Sleepy · · Score: 5, Interesting

    ... just ask any Native American how good the word of our government is.

    Expect COMPLETE PARITY between the laws governing "terrorism" and the war on "drugs".

    The irony is, the people pushing for these laws are the same people who screamed bloody murder about Ruby Ridge, or Waco Texas. Now it's their turn.

    And since ANONYMOUS TIPS can be used to gain a search warrent, I sincerely doubt the claim "none of this is admissible". Just launder you ill-gained evidence through an anonymous tip, get a warrant, and use that evidence instead. There are enough loopholes to fit a fleet of 18-wheelers through.

  60. Read the freakin' article, people. by Anonymous Coward · · Score: 0

    "the inmates being held must be told of the monitoring"

    If they're stupid enough to discuss illegal activities after they've been told they're being monitored, I'd call it natural selection in action.

  61. Already happens doesnt it? by t_allardyce · · Score: 1

    But this is surely good - everyone knows that American police stations come with microphones builtin, now they just have to admit it.

    --
    This comment does not represent the views or opinions of the user.
  62. nothing to hide by TheQuantumShift · · Score: 0

    before we all bitch about our "god given rights", let's actually think. How much harder will it be for the guilty to go free if they and their lawyers can't hide anything?

    --

    Shift happens. Fire it up.
  63. whaaaaat? by ackthpt · · Score: 1
    ACLU = American Civil Liberties Union

    Conservatives love or hate them often because the ACLU often defends the technical interpretation of the U.S. Constitution, sometimes the spirit of it. Frequently well-intentioned politicians try to get laws on the books that fly in the face of constititional rights, and conservatives, as well as liberals, are no strangers to conflict with the ACLU. After all, the ACLU opposes any manifestation of religion in public schools and has defended the rights of Klansmen and Nazis to speak their minds.

    It's a double edged sword, to be sure, but last time I looked at the characterization of justice, she wields a double-edged sword, not a cutlass.

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:whaaaaat? by Detritus · · Score: 2

      The ACLU opens themselves to criticism by conservatives by being inconsistent in their approach to the constitution and bill of rights. They vigorously defend the "right to abortion", which isn't present in the plain reading of the text, and ignore the 2nd amendment, which even many liberal legal scholars believe is an individual right. I'm a long-time ACLU member and I know that the organization isn't always consistent in its approach to civil liberties. When the political agendas of some members collide with the constitution, the constitution sometimes loses. These are often the same people who vigorously support free speech rights for everyone except klansmen, evangelical Christians, and pro-lifers.

      --
      Mea navis aericumbens anguillis abundat
  64. what's in a name? by east_bay_pete · · Score: 1

    Personally, I just think it's funny that they insist on calling it the "Justice Department".

  65. Naivety by TheSHAD0W · · Score: 3, Interesting


    What makes you think the police, Federal or otherwise, don't already try and listen in on lawyer-client communications? I'm sure they get all sorts of hints and tidbits. They can't use the recordings in court, of course; all they have to do is make up a new train of investigation that (re)leads them to the evidence.

    The only difference now is that they no longer have to go to the trouble.
    </paranoia>

  66. Re:Commit a crime by Anonymous Coward · · Score: 0

    I have nothing to fear from this...

    The commie-bastard, Allah hugging ass-wipes do though...

    Welcome to the new USA... FU$% with us, you lose, end of game... Do the Taliban give people over their any legal representation at all???

    No, you are hauled off in a Toyota, put before a 'religious' cleric, tried, and convicted (executed) in 45 minutes or so...

  67. No big deal by au3 · · Score: 1

    The Attorney-Client Privelege is not "everything between lawyer and client is secret", there are exceptions. One expection that's been around for awhile is that the client can't use the the lawyer to do other crimes- one of which might be with holding knowledge of a future terrorist act.

  68. Not innocent, presumed innocent by Software · · Score: 2, Insightful
    You're innocent until proven guilty
    Not exactly. It's presumed innocent until proven guilty. They're not the same thing. All the same, I can't believe that the 6th amendment is being ignored so blatantly.
    1. Re:Not innocent, presumed innocent by jazman_777 · · Score: 1
      All the same, I can't believe that the 6th amendment is being ignored so blatantly.


      Believe it. The 10th Amendment has been a dead letter for a long time now.

      --
      Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
    2. Re:Not innocent, presumed innocent by Mahonrimoriancumer · · Score: 1

      What other amendments (or parts of them) are dead now?

      --
      So climate's changing. So what? It has always changed. The big news would be if it wasn't changing. - Dr. Philip Stone
    3. Re:Not innocent, presumed innocent by K8Fan · · Score: 2
      Believe it. The 10th Amendment has been a dead letter for a long time now.

      Not surprising, as the 4th was sacrificed on the alter of the drug war.

      --
      "How perfectly Goddamn delightful it all is, to be sure" Charles Crumb
    4. Re:Not innocent, presumed innocent by Anonymous Coward · · Score: 0

      well, that prohibition one is dead :)

      I never did undestand why it takes a constitutional amendment to ban alcohol, but only an act of congress to ban Marijuana (which the founding fathers also used).

      Also, the last one, about congress not being able to vote itself a pay raise effective in the same term. Congress passed a law giving themselves automatic pay raises, and the SC ruled it ok.

      9th & 10th are dead as well for all practical puposes.

    5. Re:Not innocent, presumed innocent by Anonymous Coward · · Score: 0
      Marijuana (which the founding fathers also used).

      [Scene: Pennsylvania convention center, July 4, 1776. Thomas Jefferson and Benjamin Franklin are having a stoned conversation about, like, freedom and stuff.]
      Jefferson: "Hey, dude, like, wouldn't it be, like, funny if we, like, started our own country?"
      Franklin: "You mean, like, declaring independence?"
      Jefferson: "Totally. We could, like, get all the states, like, together and everything, and be, like, the United States or something. It would be, like, awesome! "
      Franklin: "Whoa, dude, that's, like, pretty far out."
      [Enter John Hancock.]
      Hancock: "Like, hey, dudes, I've got more rolling papers!"
      [Jefferson grabs the papers.]
      Jefferson [writing]: "IN CONGRESS, like, July 4, 1776..."
      Hancock: "Dude, what are you doing?"
      Jefferson: "Trust me." [writing] "The unanimous Declaration of, like, the thirteen united States of, like, America,"
      Franklin: "He's, like, pretty fucked up right now."
      Hancock: "Oh. Must be, like, strong weed."
      Jefferson [writing]: "Like, when in the Course of, like, human events, it, like, becomes, like, necessary for one people to, like, dissolve the, like, political bands which have, like, connected them with another, and to, like, assume, like, among the powers of the earth, the, like, separate and equal, like, station to which, like, the Laws of Nature and of Nature's God, like, entitle them, a decent respect to, like, the opinions of, like, mankind requires that they should, like, declare the causes which, like, impel them to the separation."
      Hancock: "Um, dude?"
      Jefferson [writing]: "We hold these truths to be, like, self-evident, that all men are, like, created equal, that they are, like, endowed by their Creator with, like, certain unalienable Rights, that among these are, like, Life, Liberty and the pursuit of Happiness..."
      Franklin: "Whoa. That was, like, beautiful, man."

  69. ACLU being reosonable? That is surprising! by uigrad_2000 · · Score: 1, Flamebait

    The ACLU protects civil liberties in name only.
    There's been quite a few cases already where they have been against allowing kids to pray in schools (which kind of seems like a civil liberty to me!)

    I don't care what you think about school prayer. Get rid of your preconceptions, and think about it. Should a group with the name "American Civil Liberties Union" be for or against allowing children to worship as they wish?

    --
    Free unix account: freeshell.org
  70. IANAL by mike_the_kid · · Score: 2

    There is a difference between actively breaking the law and having broken a law. There is nothing that a defendent should be able to say to her attorney that can incriminate them further or hurt their chances. Basically, if you can not trust your attorney, who can you trust?

    If you are breaking the law, being a lawyer does not give you a license to be a consigliere.

    So basically, in my opinion what you cited is a good point, but not necessarily related to bugging attorney-client conversations.

    www.nedyah.org

    --
    Troll Like a Champion Today
  71. Newsflash by Anonymous Coward · · Score: 0

    US military service personnel are to be issued with new black uniforms with death's head labels insignia. In further news President Bush has announced that from now he shall be addressed as 'The Leader'.

    "Give me liberty, or give me death"

  72. Read article before jerking knee by Reality+Master+101 · · Score: 1, Redundant

    This is an EXTREMELY limited provision. It appears to be intended to be used when there is a good possibility of the client-attorney privelege being abused to create more terrorism.

    Put it this way: If Osama bin Laden wanted to talk to someone he claimed was his "lawyer", yet we had good intelligence that this "lawyer" was actually a head of a terrorist cell, then it might be a good idea to not allow lives to be endangered in that way.

    --
    Sometimes it's best to just let stupid people be stupid.
    1. Re:Read article before jerking knee by J'raxis · · Score: 1

      In other words, were only a few millimeters down the slippery slope instead of the whole way.

      I know I feel better now.

    2. Re:Read article before jerking knee by Reality+Master+101 · · Score: 2

      Having any police department at all is "down the slippery slope" toward jack-booted thug totalitarianism.

      Slippery slope arguments are no arguments at all. All law enforcement is balancing reasonable rights of the accused.

      --
      Sometimes it's best to just let stupid people be stupid.
    3. Re:Read article before jerking knee by SnakeStu · · Score: 1
      It appears to be intended to be used when there is a good possibility of the client-attorney privelege being abused to create more terrorism.

      Wonderful. Now you just need to define "good possibility" and explain how this can legitimately be implemented in a way that does not tromp all over the Fourth Amendment. Or, realize instead that powers of government that "appear to be intended" for one purpose are often restricted to that purpose for a relatively short time, only to later become tools for abuse, and see that this <DoubleSpeak>Department of Justice</DoubleSpeak> decision to grant themselves more power offers insufficient control to prevent that abuse.

    4. Re:Read article before jerking knee by Anonymous Coward · · Score: 0

      All of this is in isolation:Do you really take this latest episode to be an isolated, moderate addendum to national policy on "terrorism"?
      Or are you looking at in aggregate?

    5. Re:Read article before jerking knee by dhogaza · · Score: 2

      This "lawyer" would have to have passed the bar and most likely licensed to practice in Federal Court (since these are federal detainees we're speaking of).

      You don't just walk off the street and say "I'm a lawyer" and get granted the attorney-client privilege.

      And ... before this change went into effect, the AG's office only needed to get a federal judge to agree and they could already listen in.

      They're fixing something that's not broken. At the risk of sounding paranoid, when an extremist like Ashcraft expands the powers of federal prosecutors to "fix" a problem that doesn't exist, I get suspicious.

    6. Re:Read article before jerking knee by Reality+Master+101 · · Score: 2

      They're fixing something that's not broken. At the risk of sounding paranoid, when an extremist like Ashcraft expands the powers of federal prosecutors to "fix" a problem that doesn't exist, I get suspicious.

      The problem does exist. I mentioned this in another post, but how long did we struggle with mob lawyers? And the mob was an entirely different scale problem. Does anyone doubt that if we caught bin Laden, he would find a sympathetic attorney to represent him where he could feed new plans to his cells? I don't, and I don't think we need to wait for it to happen. Do we really want to be in the situation knowing his lawyers is coordinating terrorist attacks, but unable to do anything about it? I know I would feel like a total jack-ass having our system used against us like that.

      On balance, this just doesn't seem like that big a modification to current law.

      --
      Sometimes it's best to just let stupid people be stupid.
    7. Re:Read article before jerking knee by scootr1 · · Score: 1

      "You don't just walk off the street and say "I'm a lawyer" and get granted the attorney-client privilege. "

      Actually, anybody can be an attorney. I don't think the phrase is "lawyer-client privilege".

    8. Re:Read article before jerking knee by Anonymous Coward · · Score: 0

      If a terrorist was communicating with a person who was conspiring to commit a crime, couldn't that person (the lawyer in this case) be put under surveilance, wire-tapping, etc. anyway? Why is there the need to specifically go after these priveleges, when there are already tools in place to prevent this sort of occurence?

  73. Ponying up... by sterno · · Score: 1

    I guess my beef is that if we are going to run out and claim we are fighting for our way of life it seems seriously hypocritical to then go and make laws that destroy that way of life.

    But you want me to pony up, fine.

    Did I say no eavesdropping? No. Honestly the problem with the DOJ's plan isn't that what they want to achieve but the way they are going about it. I can see their concerns and I think what they want to do may be necessary but there's absolutely no oversight in it outside of the DOJ. How about a congressional oversight commitee? How about a special judicial warrant? Yes these things would take time to set up, but if we really care about that way of life I think we need to show a little patience.

    How do you deal with hijacking planes? Put armed police officers on board. Simple. It's clear how hard it is to sneak something more than knife on board an airplance because I'm sure they'd have prefered better firepower. So if we just have them outgunned by secret people on the plane, that's fine. Might be pricey but well worth it in my mind.

    How do you stop car bombs, etc, you do it the same way that they always have. You use human intelligence. Any operation involving more than one person is prone to information leaks that can be picked up on. How many terrorist attacks don't happen for every one that does? Overall their methods are actually pretty effective. Yes, every so often something does go wrong, and on 9/11 something VERY big went wrong. It happens, and giveing the DOJ the keys to the kingdom doesn't solve that.

    Let's remember here that the leader of this terrorist operation was a known suspected terrorist. I think there was a lot that could have been done to watch him better that wasn't. He could have been stopped with a proper investment in the legal tools that were at the DOJ's disposal before 9/11 happened. But it didn't stop him, so what makes us think giving all these more powers will make any greater difference.

    Personally, and I'm sure many will find this controversial, nay abhorrent, but I think that the freedoms we have fought for in this country are worth sacrifice. That if every so often people have to die because we choose to live in a free society, then I think that's okay. I'd rather live free and die at the hands of a terrorist than turn this country into a police state. I grant you, I lost nobody I was close to on 9/11, so maybe I might feel different if that was the case, but from where I stand now, I feel that the people who died were some of the greatest patriots and that to throw away our rights to seek vengeance for them is a dishonors their memory.

    But I digress. What it boils down to is that if we funded the DOJ better and the intelligence departments better and they did a better job of using the tools they have at their disposal, I think we could go a long way to stopping these terrorists without having to throw a bunch of liberty infringing laws on the books.

    I could go into trying to create a better balanced world economy and ceasing to support opressive governments, but that's an entirely different story.

    --
    This sig has been temporarily disconnected or is no longer in service
  74. Good point... by sterno · · Score: 1

    So at least they are having the decency to call this out into the open rather than doing it secretly. I think what they are wanting to do here isn't entirely wrong but the way they are going about it is really bad. If this had strict judicial or congressional oversight I could probably be convinced that this is okay, but that they are just saying "trust us" seems risky.

    When the DOJ brought this idea up it reminded me of the scandal that unfolded in LA over wiretaps. The LA police were taking wiretaps on a specific individual and then using information about other individuals, outside the scope of the warrant, to launch other investigations. The way they did this was by passing "anonymous tips" internally.

    If a judge or congress was privy to all of the information that was being collected, then they would have the capability to smell out foul play by the DOJ. What i'm imagining is that somebody at the DOJ refers to an anonymous tip, so then the judge searches through a little database for that information and finds out it was in a transcript from a conversation that was supposed to be subject to attorney-client privilege.

    --
    This sig has been temporarily disconnected or is no longer in service
  75. No need by kindbud · · Score: 2

    If a suspected terrorist's attorney is suspected of assisting the detainee in the plotting of more terrorist acts, why are we not detaining the attorney too? Give him a cell and a wall full of law books, or whatever else he needs to research his case, and let them consult in private. There is no need to listen in.

    --
    Edith Keeler Must Die
  76. Tail the lawyer? by sterno · · Score: 1

    If the lawyer is suspected to be relaying instructions, then it would actually be of benefit to NOT eavesdrop. Why? Because then the FBI can tail the attorney (based on a court order) and hopefully reveal the entire network. The big advantage to this is that you end up more readily finding out who the rest of the network is AND you can still prosecute.

    --
    This sig has been temporarily disconnected or is no longer in service
  77. Re:ACLU being reosonable? That is surprising! by the+eric+conspiracy · · Score: 5, Insightful

    There's been quite a few cases already where they have been against allowing kids to pray in schools (which kind of seems like a civil liberty to me!)

    Should a group with the name "American Civil Liberties Union" be for or against allowing children to worship as they wish?


    It seems to me that a reading of the ACLU position on school prayer gives you the answer - the ACLU is very much in favor of letting children worship as they wish. Or not, if they don't wish to.

    Here is the ACLU position:

    If a child in public school wishes to say grace before eating a meal in the school cafeteria, or carry a bible to school to read in between classes, she has the right now under the First Amendment to do so. That is religious freedom.

    But if the school conducts an official grace before meals so that every student in the cafeteria is subjected to it whether she believes in it or not, that is not permitted by the First Amendment because it reflects official government endorsement or sponsorship of religion, and imposes religious beliefs on children whose families may not share them. This is true even if the grace ceremony is "student initiated." Individual rights means that any student can say grace, but no student can be subjected to a religious ceremony because the majority outvotes her. That is not religious freedom.

  78. TROLL ALERT by jandrese · · Score: 3, Informative

    Troll alert: Please remain calm. The Slashdot emergency response system would like to remind you that trolls feed on fire and recommends that you put away your flamethrowers and move along.

    --

    I read the internet for the articles.
  79. It shouldn't be necessary, but.... by scharkalvin · · Score: 1

    Any lawyer that got from his client infomation of pending terrorist attacts and DIDN'T turn such infomation over to the FBI should be DISBARED AT ONCE!!!! Lawyer/client privilage goes about as far as the right to free speech, and not disclosing information like this is about on par with shouting fire in a theatre. If lawyers weren't such assholes this wouldn't be necessary.

  80. TROLL? by Anonymous Coward · · Score: 0

    you fucking idiot moderators.he was asking a legitimate question

  81. WTF Happened to tech articles? by Anonymous Coward · · Score: 0

    I saw this on CNN.com, along with other news sites hours ago and have read atleast a couple articles on it.

    I certainly just lost a little respect to the slashdot staff for posting that specfic write in, as it should be blatently obvious that right to council is not being taken away.

    If one .1% of federal detanees lose their right to privacy with their lawyer, but that stops another terrorist attack, then good for the government.

    If slashdot had done a little homework they would find this is not "new", this policy has been used before, and it is not something i have a problem with.

    Where in the constitution does it say you have the absolute right to privacy with your lawyer? I hardley consider this a "basic civil right".

  82. America is headed for rainbow fascism. by ConsumedByTV · · Score: 2

    America is headed for rainbow fascism. We all drive SUV's and have little american flags. You can be a part of it as long as you blindly follow our countrys idiot leaders.
    You don't follow because you agree with what the laws say, but you agree because it was said by the leaders.

    To quote the drill instructor from Full Metal Jacket: "I am here to weed out all non-hackers" Ie: Get with the program and get in line.

    Dont't be fooled, this is abuse. Its time to revolt against oppression. All the things that are in the Declaration Of Independence are true today, except we are more taxed today (on a % basis) then anyone was under the king! Our founding fathers said that we should violently revolt, so its certianly time TO SPEAK UP if nothing else.

    --


    "Not my manner of thinking but the manner of thinking of others has been the source of my unhappiness." - M
    1. Re:America is headed for rainbow fascism. by Anonymous Coward · · Score: 0

      Can we get some non-civil libertarian mods in here so that they won't be giving extra points to ridiculous posts such as these...?

      You don't follow because you agree with what the laws say, but you agree because it was said by the leaders.

      That is truly an asinine statement which shows no understanding of the American character. Just look at what happened when Donald Rumsfeld said American forces might not catch bin Laden. He caught hell and quickly backtracked. That's because it's utimately the American people who are going to see to it that we get bin Laden.

      But the fact that such a stupid post was not identified as such is why the Slashdotters are wetting themselves all over this; while the rest of us (outside the ACLU) understand that if the justice department ever attempted to extend its policy to non-detainees, the American people simply will not stand for it.

      I know that's an overly simple analysis for all you enlightened, forward-thinking, fascist-fighting progessives, but be assured that the only slippery slopes which exist in this situations are on your pin-shaped heads.

  83. You know the times they are a changing... by ainsoph · · Score: 1

    Hey so does anyone who voted for this band of criminals feel like they might have fscked up yet?

    1. Re:You know the times they are a changing... by scootr1 · · Score: 1

      "Hey so does anyone who voted for this band of criminals feel like they might have fscked up yet?"

      Hmmm...good question. Are there still any Gore supporters out there to answer?

  84. Good intentions, bad ideas by Anonymous+Brave+Guy · · Score: 3, Insightful
    I believe that if it has been proven that you are indeed guilty of committing a crime, you have no rights.

    So you think it's reasonable for a guy who stole an apple because he was homeless and starving to get thrown into jail with convicted murderers, ass-raped at their leisure, beaten up and left dying or dead. Right. Perhaps we should remove judges and sentencing entirely, and simply throw anyone convicted of anything out on the street with a sign saying "Do with me whatever you feel like, I'm a criminal" on their back?

    I have always thought that it is immoral to keep those who are awaiting trial detained.

    It is unfortunate, but sometimes necessary. But hey, this is what the concept of bail is all about, right? In most western legal systems, I believe that bail is usually granted reasonably swiftly unless the accused poses a potential danger in some way. At least here in the UK, there are very strict limits on how long the police can keep you detained without charging you, too, and plenty of lawyers around to remind them of the fact.

    The thing that really annoys me is the way people are treated when they are tried and then found not guilty. As far as I'm concerned, at that point, they are as innocent as if the charge had never been brought. And yet still, accused rapists (who are found not guilty in a trial) have their names published, while the accusers (whose accusations have been shown to be false) have hidden behind a mask of anonymity.

    It even happens in minor cases, too. I was a witness in a trial about a road accident a while back. The defendant was found not guilty of a driving offence, and was able to claim some expenses from the court, but could not claim any lost income (in spite of having missed several days of work to attend court, partly due to the court's own incompetence at scheduling the case, and consequent postponements).

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  85. Re:ACLU being reosonable? That is surprising! by Zeinfeld · · Score: 2
    I don't care what you think about school prayer. Get rid of your preconceptions, and think about it. Should a group with the name "American Civil Liberties Union" be for or against allowing children to worship as they wish?

    Perhaps what they are concerned about is kids being coerced into praying to a christian God who aren't Christians?

    The law protects religious activities that are genuinely student led. What it prohibits is the various subterfuges that have been used in the south to introduce coerced prayer. The courts did nothing to stop student prayer activities until the school boards started to create bogus 'student activities' to give cover for compulsory prayers.

    --
    Looking for an Information Security student project suggestion?
    Try http://dotcrimeManifesto.com/
  86. Second Amendment by J'raxis · · Score: 1

    Time to put the second amendment to good use before they get rid of that, too.

    1. Re:Second Amendment by fishbowl · · Score: 2

      >Time to put the second amendment to good use
      >before they get rid of that, too.

      We don't have the guts or it would have been done already.

      Why is there only ONE ACLU? Why aren't there hundreds of such organizations?

      --
      -fb Everything not expressly forbidden is now mandatory.
  87. Why are you astonished? by arfy · · Score: 1

    Why are you astonished, or even surprised at this act? It's only been a few days since the current head of what is supposed to be the executive branch of your government issued an executive order that essentially turns the work of the legislative branch on its head, i.e. the law passed in 1978 mandating the release of Presidential records after 12 years. Bush issued an order saying that if the former or sitting president wants those records secret, tough luck, that will be the default and anybody saying otherwise gets to go to court. Precisely the opposite of the law. So why should Ashcroft care two figs about your laws?

  88. Whoever submitted this is making a mistake... by Anonymous Coward · · Score: 0

    about what the law is and what your right to counsel is. Privileged information is information that they can't use it against you in a legal proceeding. It doesn't mean that nobody else can know what it is.

    Lawyers actually have an ethical duty to report if their clients have told them that they plan to participate or know of plans of criminal activity which can cause bodily harm.

  89. I am tired... by Anonymous Coward · · Score: 0

    The 9/11 terrorists took away some of your ACLU-loving rights, get used to it, this is war...

    I personally am fed-up with MP3 trading, pimple faced punks bitching about their rights when so many people before them fought and died so they could have the rights they have today...

    Join the Marines, be a man, and defend what your miserable little, internet-based' life means to you... grow a sack and defend your rights...

    1. Re:I am tired... by Anonymous Coward · · Score: 0

      since joining the Marines means taking orders from the government which the people you describe are pissed off at, and means defending the shit policies the US enforces over the world rather than the rights our forefathers had in mind 200 years ago, i don't think you're going to see much support for being one of the few the proud the jar-headed here.

  90. I don't understand why the Slashdot crowd is upset by Anonymous Coward · · Score: 0

    ...after all, information wants to be free...

  91. I am tired.... by Anonymous Coward · · Score: 0

    The 9/11 terrorists took away some of your ACLU-loving rights, get used to it, this is war...

    I personally am fed-up with MP3 trading, pimple faced punks bitching about their rights when so many people before them fought and died so they could have the rights they have today...

    Join the Marines, be a man, and defend what your miserable little, internet-based' life means to you... grow a sack and defend your rights...

  92. Why can't we be open about what we do? by jensend · · Score: 1

    Everybody here seems to be entirely concerned about privacy, and yet expects people to be open about what they're doing. Why can't we be consistent? Unless you're guilty of a felony type crime, the government wouldn't nail you if they had a 24/7 videofeed, and if you are, punishment will help you change. If your prosecutor was listening in on your conversations with your lawyer, then that would be bad- he'd be able to know how you were going to argue your case before you did it, and he'd have his counterattacks all mapped out. However, if an impartial person listens in, what has an innocent person to fear? Nothing. Unless, of course, the laws are unfair, which should be fixable without tremendous hassle in any nation in the free world.

  93. Braving the knee-jerks by rjamestaylor · · Score: 3, Insightful
    There is a difference between gathering evidence for prosecution and gathering intelligence for self defence.

    Such intelligence could not be admissible in court, but it just might stop the next attack.

    There is no forfeiture of rights here.

    --
    -- @rjamestaylor on Ello
    1. Re:Braving the knee-jerks by SnakeStu · · Score: 1
      So you're saying that not only do the ends justify the means, but the ends redefine, or deny the existence of, the means.

      Interesting, but I plainly disagree, regardless of your failed attempt to deny the validity of viewpoints other than your own by employing the trite 'knee-jerk' label. The violation of privacy and forfeiture of rights occurs regardless of how the information will ostensibly be used.

    2. Re:Braving the knee-jerks by rjamestaylor · · Score: 1
      See what I mean by knee-jerk? You did not argue one of my points. Just used angry, jingoistic (!) words.

      Thanks for participating, Next!

      --
      -- @rjamestaylor on Ello
    3. Re:Braving the knee-jerks by SnakeStu · · Score: 1
      Is this another tired attempt at discrediting something you disagree with, without the employment of logic? Or are you unwilling to accept that you are angry and are therefore projecting your emotion on me? My words were not "angry" and I think you need to look up the meaning of "jingoistic" before using it. Nothing in my message referred to any nation, so I'm not sure how it could be seen as "fanatically patriotic" or "extreme nationalism."

      Indeed, your message is more applicable to yourself, since I clearly did address your (only) point, i.e., your concept that forfeiture of rights did not occur due to the use of the information obtained. Rather than counter this, you lean on further emotionalism.

      Perhaps you should take a rest and collect your thoughts before making another attempt at discussion, or concede either the correctness of my point or at least the fact that you are unable to counter it logically.

    4. Re:Braving the knee-jerks by rjamestaylor · · Score: 1

      Make an argument against my propositions or shut up.

      --
      -- @rjamestaylor on Ello
    5. Re:Braving the knee-jerks by MikeBabcock · · Score: 2

      Ends and Means ... the constitution defends you against the means ... that is, having your private conversations listened to.

      The Ends of those listeners is irrelevant to whether you have the right to private conversation with your lawyer.

      --
      - Michael T. Babcock (Yes, I blog)
  94. Prisoners Of WAR by Anonymous Coward · · Score: 0

    Why are we trying these soldiers? What crime have they committed? They aren't any more guilty of a crime than the USAAF pilots who firebombed Dresden. These folks should be kept in a POW installation for the duration of the war and released 365 days after it's end.

    Are we going to start accusing all captured enemy soldiers of "war crimes" like the Russians did during World War Two? These POW's hit a valuable asset of their enemy and burned it to the ground. Mission accomplished. Get over it- are we going to courts marshal every US pilot who drops a bomb on an Afghan civilian? Of course not, that would be stupid.

  95. That's not the most astonishing thing lately... by Anonymous Coward · · Score: 0

    It's astonishing how easily a basic civil right such as the right to counsel is taken away!

    If this is astonishing to you, then how much more astonishing it must have been when 5,000 people were murdered by a few men in the space of a mere hour.

  96. A privilege, NOT a right! by Anonymous Coward · · Score: 0

    The article says it all: Such monitoring, the statement said, has been allowed in the past through court order."

  97. Bin Ladin has already won and we don't know it by Anonymous Coward · · Score: 0

    Bush has been in 1 Years. We have seen more lies and more degredation of our liberties and rights than ANY other time in history.
    BTW, the Anthrax is NOT from Bin Ladin. It is a local thing, most likely anti-abortion.
    Look at the Targets.
    a. liberal News.
    b. Head of the Democratic Senate.
    (supposed 2 attempts at Bush, but only after it made serious news)
    c. Supreme Court 2x.
    Look at where the Bacteria is from. Ohio 1959 sample.
    Russia and Iraq are using Weapons Grade (enhanced).
    The electro-static treatment is ONLY done in the USA.

    Bush wishes to open Alaska for "Security", yet it will take 10 years to get it ready. Florida could be pumping within one year. What does Bush persue????
    We deserve what is happening. Our rights and Liberties are being givin up for supposed security. And Yet, we have to issue warnings without even knowing what is going on.

    Bush stated that the democratis were doing a give-away of our taxes during the campain. Now, bush has spent more in 6 months than reagen did during his 2 worst years.

    Bin Ladin has Already won.

    1. Re:Bin Ladin has already won and we don't know it by baudbarf · · Score: 1

      Dude - your writing sucks.

      But that's not why I'm writing - one of the letters says something to the effect of,"You can't stop us now, we have this anthrax"; then it goes on to say like,"Allah is great" and "USA sucks" (I'm paraphrasing, of course.)

      This doesn't sound like the anti-abortionists to me.

      --
      You can run but you can't hide, except, apparently, along the Afghan-Pakistani border.
    2. Re:Bin Ladin has already won and we don't know it by Anonymous Coward · · Score: 0

      Bin Ladin has never signed any of work. Yet, supposedly, he does now???? And directed towards himself??? I think not.
      I suggest Anti-Abortionist but I really do not know. I do know that it is locally produced (I have done Genetic work for Darpa (finger printing,sequencing, mutating ) ). There is no doubt that this is local work, but the government "suggests" that it is terrorist/bin ladin. We will find out in the future that they knew all along that it was local.

  98. Well put, Benny! by baudbarf · · Score: 1

    "Those who are willing to trade freedom for security deserve neither freedom nor security."
    -BENJAMIN FRANKLIN

    --
    You can run but you can't hide, except, apparently, along the Afghan-Pakistani border.
  99. Bush on trusting government by wytcld · · Score: 2

    From the front page of today's (11/9) New York Times:

    "... Bush .. in the last days of his presidential campaign ... complained that ... Gore, 'trusts government, which stands in stark contrast to our view.'"

    Is this better than "Read my lips, no new taxes," or what?

    --
    "with their freedom lost all virtue lose" - Milton
  100. Exactly what you should worry about by Karl+Cocknozzle · · Score: 1

    Having this sort of thing in place is antethical to the entire concept of freedom and the dream that is America. Also exactly what I was afraid of.

    Allow me to paint a new nightmare scenario for you: We catch 50 guys in the al Qaeda network. They ran the operation for bin Laden. We tape priveleged conversations between the accused and their attorneys. After this information is used in the trial, they are convicted.

    On appeal, their convictions are overturned because of this foolish behavior.

    Get ready, it will happen.

    --
    Who did what now?
    1. Re:Exactly what you should worry about by Anonymous Coward · · Score: 0

      And at that point we the citizens take over where the system did not, and knowing that these bastards did wrong, we line them up and execute them with a CNN crew standing by. The end.

      If they get protection, we wait for the right moment. In no way, shape, or form will they be living within the month of being set free.

      Frying those folks in Waco was nothing. Time for the real tough love.

    2. Re:Exactly what you should worry about by Anonymous Coward · · Score: 0

      execution?

      How about force feeding them chitlins (that's not cruel & unusual punishment :), and sending them to a maximum security lockup where the brothers can use their asses like the holland tunnel.

      Or, as I've read elsewhere, giving them a sex change and sending them back to afghanistan.... bwahahahahah

    3. Re:Exactly what you should worry about by Anonymous Coward · · Score: 0

      That will never happen, a line has been crossed between law enforcement and war, I think the tatered remains of the us constitution will be the final victim.

    4. Re:Exactly what you should worry about by Karl+Cocknozzle · · Score: 1
      And at that point we the citizens take over where the system did not, and knowing that these bastards did wrong, we line them up and execute them with a CNN crew standing by. The end.

      If they get protection, we wait for the right moment. In no way, shape, or form will they be living within the month of being set free.

      Frying those folks in Waco was nothing. Time for the real tough love.

      Short answer: "Doubt it."

      First, if for any reason these people could not be jailed or executed legally they would be deported to a friendly nation with looser laws that would facilitate their punishment/execution.

      Second, you don't want to live in an America where random vigilantes can execute people and get away with it. At that point, you're living in a country like Somalia, with war lords running the country.

      [SARCASM]
      Sounds like a bright future that our brilliant attorney general has prescribed for us...
      [/SARCASM]
      --
      Who did what now?
  101. How to let terrorists get off by Zeinfeld · · Score: 2
    Ashcroft is opening a major opportunity for the terrorists to get off after they appeal their convictions claiming that they were denied the right to council. The courts might back Ashcroft now in the wake of attrocitiy, but a couple of years from now and the situation is likely to be very different. The right to council is negated if the accused cannot have confidence that the discussion will be confidential.

    The ability to wiretap is stated to be slightly more restrictive than the headlines suggest. The enabling act (aka PATRIOT bill) does not require the restrictions stated and the administration has made no commitment to observe the restrictions. All the administration has said is that it will wiretap in certain additional circumstances, it has not said it will not use the unlimited wiretap powers in the bill. So if you are a civil rights activist don't rely on the non-promises.

    All in all the administration is making a pigs ear of the war so far. The Brits are pissed off because they can't land their SAS troops and start shooting some Taleban. The French, Germans and Italians are scarred that Bush will listen to the administration hawks calling for bombs to be dropped on Iraq, thus opening up a second front forcing the deployment of toops to protect Saud before the war in Afghanistan has even properly started.

    Bush appears to be driven more by the need to win the election than the need to win the war. To win the war he needs to have the help of the muslim countries bordering Afghanistan. Israel is doing its best to force Bush to choose between support for Israel and support from Pakistan. Instead of slapping Sharon down for his trecherous behavior, Bush is dithering in the hope he can pick up the votes of the six members of the Israeli lobby who did not vote for Lieberman.

    What we need to see is a bold stroke of leadership. Bush has a perfect opportunity to go for a raprochement with Iran, boosting the democratically elected moderates against the unelected mulahs. Offer to lift the sanctions in return for Iran opening its borders to the refugees. Get the Europeans to supply the necessary food from their EEC grain mountains.

    --
    Looking for an Information Security student project suggestion?
    Try http://dotcrimeManifesto.com/
  102. "Freedom itself was attacked..." by Anonymous Coward · · Score: 0

    If you think about it, the terrorists really didn't give a shit about our freedom. Ashcroft and co. are the enemy on this front!

  103. Re:ACLU being reosonable? That is surprising! by The+Vulture · · Score: 1

    Although I don't know the particulars of these cases involving prayer and the ACLU (I'm Canadian), I will make a personal comment here.

    Just as you have the right to pray in school, I have the right to not have to listen to it/participate in it due to my beliefs.

    In the schools in Ontario (which is where I'm from), it was the public school that I went to (which is supposed to be religion agnostic) that forced us to say the Lord's Prayer every morning. You didn't like it, you had to leave the classroom until the prayer was finished. In other words, you say the prayer, or you're ostracised.

    Luckily by the time I was in grade three, the schools were no longer permitted to do this. However, by grade six, they were back at it.

    Personally, I was baptised a Roman Cathlolic, but by faith, I'm an Atheist. I believe that public school is not a place for prayer - if you want to pray, pray at home.

    Note that in the case of a private school, it is completely different. In that case, it's put up and shut up.

    -- Joe

  104. Read the History by Anonymous Coward · · Score: 0

    The reasons for the constition and bill of rights was to prevent ANY breachs of our Rights and Liberties. Once you start down this path, it becomes harder and harder to give back the rights. After all the government wants as much power as possible. This is a subtle breach which will undoubtly be exploited by bush or by the next idiot. Is this sensationalism??? no. This is trying to fight against our becoming a Bannana republic or becoming a nation like China or what soviet union was.
    We are taking furthors steps along the path that easily leads to either.

  105. I am proud to be a patriot by Anonymous Coward · · Score: 0

    I am opposed to just about ANYTHING that GWB and Ashcroft seem to be up to at this point. Hell, I fought in army when GWB was doing what he could to avoid everything and just selling his coke.

  106. 6th Amendment by ClarkEvans · · Score: 2

    U.S. Constitution: Sixth Amendment - Rights of Accused in Criminal Prosecutions

    In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

  107. Several points by LenE · · Score: 1

    Everyone should take a deep breath and remember these points:

    1. The fifth amendment will protect you if you committed a crime and told a lawyer about it while somebody was recording, as you cannot be "forced" to incriminate yourself.

    2. Such "testimony" will greatly aid the search for accomplices when lawyers cannot divulge such information.

    3. Priveleges are not rights. The ACLU is currently inventing the constitutional right of Lawyer-Client privelege when non-such right or privelege is given by the Constitution of the US.

    4. Many of those detained in this current action, are not citizens of the US, and do not have the same rights.

    5. In almost all true professions, Law and Clergy being the exceptions, practitioners are bound by codes of ethics that demand action when the safety or welfare of other human beings is at stake. Coincidently, this exception drives many lawyers and Priests to alcoholism, and other vices, but that's another post.

    -- Len

    1. Re:Several points by Anonymous Coward · · Score: 0

      Every criminal defendant in the US, citizen or not, has the same right to counsel and the same client-attorney priviledge. These new rules are not limited to terrorist arrested in the last couple months. The priviledge has as it's root the 5th and 6th Amendments. Your attempt to make a distinction between a priviledge and a right in your post is simply nonsense.

    2. Re:Several points by LenE · · Score: 1

      I shouldn't respond to AC's but...

      I was one of the few in my high school class, many years ago, who didn't sleep through the "Rights vs. Priveledges" lecture. Were you?

      A right is something that is believed (in most cultures) to be "inalienable" or inseperable from being. Personal rights are not granted but are guaranteed by our U.S. Constitution and the Bill of Rights. Freedom of speech, freedom from persecution and freedom to bear arms are the most well known of these. Most of the other items in the Bill of Rights pertain to rights of people held for trial, and protection of their property and reputation (until found guilty).

      The tenth amendment stakes out the rights of states to override federal powers, when such powers are usurped outside of the constitution, hence some footing for the States vs. Microsoft case, but the seventh amendment should guarantee Microsoft a jury trial since the alleged offense is valued at greater than $20, and the eighth prohibits cruel punishment or excessive fines (a double edged sword for Microsoft).

      A priveledge is something completely different. It is not enumerated in the Constitution or the Bill of Rights. You can check, Lawyer-Client priveledge is not in their. Priveledges are manifestations of custom that are expected, but not guaranteed.

      Separation of church and state is one of these priveledges. If you check, you will find the Bill of Rights expressly says "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;"

      What this means is that a state religion cannot be established, but that no laws can prevent someone from praying in public. The removal of all things with religious connotations is a priveledge extended to the ACLU and litigious agnostics, and actually inpinges on a constitutional right. Even some rights guaranteed by the Bill of Rights have loopholes that make them more priveledge than right. The third amendment, preventing the forced harboring of soldiers has exception provisions for times of war.

      This brings me to the infamous Fifth amendment and it's counterpart the sixth. These are the two you site, the ones which have the strongest of weak ties to attourney-client priveledge. So that no-one can argue baselessly, I'll provide the text here:

      Amendment 5

      No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

      Amendment 6

      In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

      There's a lot of verbage to parse there, but you can plainly see that the word lawyer, attourney, barrister, soliciter, ombudsman, or advocate are nowhere to be found! "Assistance of Counsel for his defense" is provide for, but no additional explicit rights are granted. Remember, presumption of innocence is not the right, a fair trial is. The presumption of the framers is that this would be used to protect the falsly accused, not the truly guilty. Also, a clause is contained explicitly permitting the removal of this right for military persons and for everyone in time of war or "Public Danger".

      In this sense, this eavesdropping is explicitly constitutional.

      -- Len

    3. Re:Several points by sharkey · · Score: 2

      1. The fifth amendment will protect you if you committed a crime and told a lawyer about it while somebody was recording, as you cannot be "forced" to incriminate yourself.

      Just as much as the Second Amendment prevents the Government from infringing on our right to keep and bear arms. And as much as the Fourth Amendment protects against unreasonable search and seizure.

      2. Such "testimony" will greatly aid the search for accomplices when lawyers cannot divulge such information.

      As that would be tantamount to the alleged criminal testifying against himself, it seems that witnesses thus obtained may be barred from the stand, or their testimony stricken. Even a mistrial might be possible. It would depend on the interpretation of the word "compelled". Is warrantless eavesdropping of a person "presumed innocent" by peace officers testimony volunteered to the court by the accused?

      3. Priveleges are not rights. The ACLU is currently inventing the constitutional right of Lawyer-Client privelege when non-such right or privelege is given by the Constitution of the US.

      Nicely put. The ACLU definitely seems to be a little off-key here. Private counsel with an attorney is not specifically guaranteed in the Sixth Amendment. It is, however, indirectly protected by the Fourth, since up until the moment of conviction through due process, the accused is considered innocent, and thus should have a warrant sworn against him to allow for surveillance. The ACLU should really try to be more precise in its wording.

      4. Many of those detained in this current action, are not citizens of the US, and do not have the same rights.

      "Many of those detained in this current action, are not citizens of the People's Republic of China, and do not have the same rights." What if that was you under consideration? Would you find it "fair and equitable" to be unable to speak freely to the one person you can talk to who is on your side, and is able to work for you legally?

      5. In almost all true professions, Law and Clergy being the exceptions, practitioners are bound by codes of ethics that demand action when the safety or welfare of other human beings is at stake.

      Other posters have stated that lawyers are under restraint to provide information if the safety or welfare of other humans is at stake. They have also stated that lawyers are to do the same if they are told of crimes to be. However, stating that, "This is what happened, and why I did it", does not endanger others. It comes down to the honesty and morality of the defense counsel if the accused is revealing information that WILL endanger others.

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
    4. Re:Several points by gilroy · · Score: 2
      Blockquoth the poster:

      A priveledge is something completely different. It is not enumerated in the Constitution or the Bill of Rights. You can check, Lawyer-Client priveledge is not in their. Priveledges are manifestations of custom that are expected, but not guaranteed.

      Look, the use of "privilege" is not in the common English sense: "Come home on time, young man, or you'll lose your driving priveleges". It has a very specific definition, legally. I am no lawyer and what follows is just my impressions, but I expect that "privilege" (coming from the Latin for "private law") is related etymologically to "privy", as in "privy to a secret".

      What this means is that a state religion cannot be established, but that no laws can prevent someone from praying in public. The removal of all things with religious connotations is a priveledge extended to the ACLU and litigious agnostics, and actually inpinges on a constitutional right.

      Um, actually, federal case law is relatively clear on this: The state cannot organize religious displays; public funds -- collected compulsorily -- cannot be used to advance religion in general or a particular religion. People are free to pray in public, but for example, a school cannot organize a moment of prayer. Separation of church and state is a principle not a privilege, and it seems to me flows quite clearly from and is indeed found in, the non-establishment clause.



      The poster nicely quotes the 5th and 6th Amendments for us, which do seem to be the most relevant. Then he/she says:


      There's a lot of verbage to parse there, but you can plainly see that the word lawyer, attourney, barrister, soliciter, ombudsman, or advocate are nowhere to be found

      Of course, the Sixth Amendment ends with, as the poster so clearly quoted, "to have the Assistance of Counsel for his defence". And "counsel" is, legally, a synonym for "lawyer, attorney, barrister, solicitor, ombudsman, and advocate". I think it's extremely disingenuous to argue that the Founders -- many of them, by the way, one or more of "lawyers, attorneys, barristers, solicitors, ombudsmen, or advocates" -- did not mean "lawyer" in this context.



      It is a long-established and time-honored principle that the efficient and just operation of the courts demands a full and free flow of information between a client and his/her counsel. To that end, certain communications are deemed "privileged" and made unavailable to the prosecution (which normally has access to nigh-godlike powers of investigation and discovery). The common law has enshrined this right for 400 years. The federal courts have -- correctly, in my view -- found this right to be supplemental to the 6th Amendment (and, I believe, implicit in the 5th as well). Its use and implications were dealt with explicitly in the codification of the Rules of Evidence and its primacy established there. As with all constitutional rights, situations can be imagined wherein the exercise of the right needs to be curtailed in favor of an overwhelming social good... but as with all constitutional rights, the bar should be set pretty high before such curtailment takes place. "Reason to believe", decided by an administrative panel -- not a court! -- simply doesn't meet that high bar.


      Also, a clause is contained explicitly permitting the removal of this right for military persons and for everyone in time of war or "Public Danger".

      Such reasoning could lead to truly horrifying results. After all, as the folks in Washington have said unrelentingly, this conflict will be waged for many many years. Indeed, we will never again be so naive as to assume we are not in a time of "Public Danger". Does this mean we must jettison all the hard-won rights that have made America a free and open society boasting the longest-functioning written constitution and an impressive run of rule of law?



      Happily, no. If you actually read the referenced Amendment, you see "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger"


      First, note how the exception is made only for the need for a Grand Jury. Other important freedoms are listed after the "time of war" restriction, and grammatically are not limited by it.


      More importantly, it seems clear from the structure that the "in time of War or public danger" is meant to modify "in the Militia". The presumption was, all able-bodied men would be in the state militia; it was a duty of citizenship. Obviously, during peacetime, you wouldn't want to exclude such men from the protections of the Constitution; just as obviously, in time of War, you might need to move more expeditiously. It would make sense that men actively serving would be subject to military, not civil, justice.


      But most importantly, look at that emphasized section. The only recognized restriction is during actual service, during a time of war or crisis. Look how hedged that restriction is ... if the survival of the nation is at stake, we can relax constitutional guarantees a smidge. You don't lose the right to fair trial, or immunity from self-incrimination, or sanctity of your property, or protection against double jeopardy. All that you lose is the semi-redundant right to indictment by a Grand Jury. ("... Even a modestly competent district attorney can get a grand jury to indict a ham sandwich ...")



      It would seem to me that the Founders quite explicitly did not want to wrap constitutional guarantees -- including that of effective counsel -- under a boatload of proscriptions and restrictions.

    5. Re:Several points by flink · · Score: 1

      3. Priveleges are not rights. The ACLU is currently inventing the constitutional right of Lawyer-Client privelege when non-such right or privelege is given by the Constitution of the US.

      Any right not reserved for the government is retained by the people. (paraphrasing ammendment 9).

      Just because it's not listed as a right doesn't mean you aren't entitled to it. People seem to forget that the govt. doesn't have to give you permission to execercise your freedom.

      If there is not specific constitutional law against something, you are free to do it.

      'An it harm none, do as thou whilst.

  108. Bush's Logic. Lawyers are Terrorists by MrYotsuya · · Score: 1

    Lawyers for accused terrorists are on the side of the (accused) terrorists. Since that is so, doesn't it make the lawyers "terrorists"?

  109. The purpose of voting... by Eric+E.+Coe · · Score: 1
    is a ritual designed to bless the resulting government as legitimate. Every government needs (or survives better with) some source of legitimacy, in addition to the excercise of naked power (of course, that helps too).

    Royalty have their bloodlines - control of the state depends on the control of the body of the King or his hiers (or other relatives) - and usually the bloodline is considered anointed/blessed by God: "divine right of Kings".

    Dictators have a harder time of it, and must scrabble for what legitimacy they can find. Usually, various pretences of "national emergency" or "the current crisis" is invoked (this worked for the Roman Emperors, plus many 3rd-world tinpot types).

    The Communists derived thier legitimacy directly from their ideology: "dictatorship of the proletariat" - it's for the workers (heh).

    Western nations generally use voting: "the will of the people". Never mind that not all people can vote, or that the choices provided are very limited, or the popular methods of combining votes (winner take all instead of weighted voting, etc.) tend to reduce choices; because people voted, the results must be "the will of the people".

    This is sort of like when you were young and Mom took you out to buy clothes: she chooses the store and pulls a couple of items from the rack that she considers to be acceptable, then you get to pick between the two shades in the same style - not much of a real choice.

    Of course, there raises the question as to how much real choice and freedom Americans (or anybody else) can handle - generally anything resembling it is labeled "anarchy" or "chaos" and is "fixed" as soon as possible (like the Net right now, hmmm?).

    --
    An esoteric scratched itch:
    Homeworld Map Maker Tool
  110. If Sept. 11 was a declaration of war by nowt · · Score: 2
    then actions like these show he is winning.


    We are turning our society into that which the terrorists originally perceived us to be.

    Sad.

    --
    A strange game. The only winning move is not to play. How about a nice game of chess? - Joshua (Wargames)
  111. One last thing. by Anonymous Coward · · Score: 0

    The electorstatic treatment should be causing the spores to be repeled from one another and attracted to other things. It should help it aerosol nicely. But is should also be causing a greater rate of dispersion of the spores onto other mail. The rate that it has spread is almost none existent, but it has a high aerosol rate.
    I would have to suspect that it is somebody from inside the postoffice who is spreading it in the air. I also think that the government knows this as well.

  112. Re:ACLU being reosonable? That is surprising! by Anonymous Coward · · Score: 0
    But if the school conducts an official grace before meals so that every student in the cafeteria is subjected to it whether she believes in it or not, that is not permitted by the First Amendment because it reflects official government endorsement or sponsorship of religion...

    Please, please, please go back and re-read the 1st ammendment. It is almost painfully clear that the intent was not to keep the government from endorsing or sponsoring religion in general, which the ACLU seems to be suggesting. It rather clearly states (empahsis mine):

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

    In other words: the US government is prohibited from making any laws that establish a state-endorsed religion, or provide for favorable treatment of one religious group over another; and also from making any laws that keep someone from practicing their religion. The ACLU position clearly violates both provisions of the constitution - they think Congress has the right and responsibility to pass laws regarding religion, and prohibiting the excercise of religious freedom, in order to keep religion from "contaminating" the government.

  113. Just a thought... by Mahonrimoriancumer · · Score: 1

    If lawyers are illegal, will only criminals have lawyers?

    --
    So climate's changing. So what? It has always changed. The big news would be if it wasn't changing. - Dr. Philip Stone
  114. It is part of a long running campaign. by Anton+Anatopopov · · Score: 2, Interesting
    There is a long running campaign in the western world (and for that matter, the rest of the world) to remove our basic freedoms. Of course it is done by stealth, bit by bit. Like the proverbial frog in cold water, who does not realize he is being boiled to death because the temperature increase is so slow, democracy in the USA and Europe is being gradually eroded to make way for the New World Order.

    In this New World Order, we will have world governement. Treaties such as NAAFTA and GATT and organizations such as the WTO, WIPO, the Bilderberg group, the European Union have made voting a pointless and futile exercise.

    The media under control of a few hyper-rich right-wing barons tells us only what the corporate and governement masters want us to hear.

    In short, we are fucked. Democracy if it ever lived is now well and truly dead and buried.

    In the next ten years, you will see the number of currencies in the world reduced to three: The US dollar. The Euro. And the Yen.

    Eventually these three currencies will be merged, and at that point, World Government will be a reality.

    Now, you may think I am a paranoid lunatic, or some deranged black-helicopter spotting wacko, but think about it. In the recent UK general election, the turnout was less than the turnout for the 'Big Brother' TV program. The public has given up and is letting Corporate and Govt/Military interests run things.

    Few people are prepared to make a stand on this issue, but the interested reader is referred to David Icke's excellent website, which will explain the global conspiracy in more detail.

    thank you

    1. Re:It is part of a long running campaign. by Anton+Anatopopov · · Score: 3, Insightful
      I am sure you would like to believe this is a troll. Unfortunately for all of us, globalization and world government is a reality we will all have to deal with in our lifetimes.

      If it makes you feel better to mod me down for stating this fact, fine. But be aware governments are not benign entities. There are some truly evil people out there, and they don't all live in the deserts of Afghanistan.

    2. Re:It is part of a long running campaign. by Anonymous Coward · · Score: 0

      Funny, how "green" and anti-globalization folks rally around people like Nader who is openly advocating hugely increased role of the highly centralized government.

    3. Re:It is part of a long running campaign. by Anonymous Coward · · Score: 0

      Moderated interesting? David Icke thinks the world is really run by giant lizards and he also publicly stated that he believes he is Jesus. So either he's crazy or when he says lizards he is really being anti-semitic, and hence just like those 'hyper-rich right-wing barons' you say control the media.

    4. Re:It is part of a long running campaign. by Anton+Anatopopov · · Score: 1
      I do not agree with everything Icke says. But it may be the case that he is acting crazy because that is the only way he will be left alone by the authorities.

      What he has to say, you can take with a pinch of salt, but something is definately afoot, and the EU, and the Bilderburg group are definately not democratic organizations. They are in effect, shadow governments.

      Just because Icke can be seen as a nutcase does not mean that some of what he says is not true. Just because you are paranoid does not mean they are not out to get you.

  115. Re:SURE you can expect the gov't to keep their wor by elefantstn · · Score: 2
    ... just ask any Native American how good the word of our government is.


    The "government" is not some anthropomorphic entity that was born in 1776 and lives to the present day, directing the actions of bureaucrats. It is, rather, the combined decisions of thousands upon thousands of individual people, none of whom were even alive when the US pushed westward, conquering Native Americans who were in the way. To think that the actions of a government 150 years ago translate into an accurate barometer of how it will behave today is way off base. If a Jew were imprisoned for robbery in Germany today, it certainly would not make sense to go around screaming "He's going to be put into forced labor camps and eventually executed!"
    --
    If it ain't broke, you need more software.
  116. Die for freedom? by Samus · · Score: 1

    Here is an interesting point. When we send soldiers off to war we know there is a chance that they might die for our freedom. Ashcroft is taking away this freedom so that some of us won't have to die in a possible terrorist attack. I suppose his heart is in the right place but personally I would rather take the chance of dieing before letting my freedoms be eroded away. I would rather be killed today than see this country become what it despises tomorrow.

    --
    In Republican America phones tap you.
  117. Lets add up things today. by 3seas · · Score: 1

    Lets' see now:

    First change the laws of physics.

    Then Patent what was before defined as the physical phenomenon of the natural laws of how we use abstractions
    (I.E., math and software) and then arrest anyone who infringes on it (anyone who thinks for themselves.) Then
    spy on their communications with their lawyers (so to insure they don't further infringe of the patents....

    When do we build the crosses and who gathers the firewood.

    inqusition and witch killings for anyone who thinks and therefore is, a witch..

    Unless they have a license to think for themselves.

    .

  118. March 04, 1789 - October 26, 2001 by NatZi · · Score: 1

    I am not sure what the discussion is about. The US ended on October 26, 2001. There is no US Constitution in effect as of October 26. Get over it. Welcome to the police state (And you thought that everything would grow dark and be reduced to somber sepiatone and monochrome just like the movies. This is real life folks.)

    Note: The article (and we only know from the article) does NOT preclude expansion of nor limitations to this new "power." Only an example is provided. I, for one, am fully willing to give up my "safety," even in a case where a "terrorist" may be plotting new actions via an "attorney," to protect the rights of the accused. That is a republic and that is the price we pay for freedom. Unfortunately, the opposit is now true -- the government decides how much power it will take to "assure protection." Thus, we have descended to totalitarianism where others are claiming to protect us (tell that to the families of the 5400+ that died under "protection" of the federal government). This action has further abrogated our former rights as a republic -- thus, by definition, a state of totalitarianism exists. Arguing otherwise is simple ignorance (but, entertaining, nevertheless).

  119. Encryption? by commonchaos · · Score: 2, Insightful

    Wonder how long before lawers start using encrypted phones...

  120. Not POW's by overunderunderdone · · Score: 1

    A very good reason to actually declare war on Al Queada as an organisation and the Taliban regime. Lately we don't declare wars because there are dipolomatic and sometimes legal advantages to the ambiguity of not declaring war. But that ambiguity is exactly what makes these legal contortions (which to be fair may indeed be necessary to meet the threat) an enduring threat to everyone elses civil liberties.

    If we declared war though these guys would be in the worst of all possible worlds before the law. They are out of uniform behind our lines so they would NOT be POW's with the protections of the geneva convention and international law. But they would not be mere criminals either but enemy agents with far fewer legal protections. They get the worst of both worlds and possibly the threat of the death penalty to boot even if the crimes are seemingly trivial - enemy spies during war time are not treated very well by the law. If they are naturalised citizens they would still have the legal protections afforded criminalsm, but they would not be merely guilty of whatever petty crimes they may have commited to aid the actual attack. They would not even be *merely* guilty of conspiracy to commit murder - they WOULD be guilty of treason, which carries the death penalty. And is probably easier to prove in court than conspiracy to commit murder given the compartmentalised nature of the cells. Some little drone who only knows he was to provide money and a fake drivers licence to someone else didn't know he was part of a conspiracy to murder thousands of people. But he DID know he was "giving aid and comfort" to the enemy which is the constitutional definition of treason. Actually since al Quaeda declared war on us when they issued their Fatwa before the law a US citizen IS probably guilty of treason even without a declaration of war from congress.

  121. Re:SURE you can expect the gov't to keep their wor by dhogaza · · Score: 2

    You're not really up on modern violations of Treaty Rights, are you?

    True, genocide is "out" these days, but anyone who pays attention and lives in the West knows that Treaty Rights are frequently under attack and frequently undermined.

    It's gotten better in the last three decades, mostly because the tribes have learned to get decent legal help.

  122. OT: Prayer in schools. by bacchusrx · · Score: 2

    Of course, if my religious beliefs dictate abstention from the religious ceremonies of another faith, then by enforcing prayer in a public school you are prohibiting the free exercise of my religion. Or rather, the school board, and by extension, the government, has prohibited it.

    On the other hand, you were always free, of your own volition, to pray in school. By forcing me to pray with you, you've violated my right to exercise religion in favour of yours.

    Clearly, you haven't thought this through. (Or, you're being wilfully ignorant.)

    BRx.

    --
    Life after capitalism? The participatory economics project
    1. Re:OT: Prayer in schools. by Anonymous Coward · · Score: 0

      Well, my religion requires blood sacrifice. I suppose if someone like the guy you responded to wants me to pray with him, he'll want to participate in the sacrificial slaughter of a few goats.. and a couple virgins...

  123. Re:Bush's Logic. Lawyers are Terrorists by Debillitatus · · Score: 1
    Since that is so, doesn't it make the lawyers "terrorists"?

    Actually, from my experience, this may be accurate. :-)

    --

    Come on, give it up, that's

  124. History ALWAYS repeats itself... by SupaYoda · · Score: 1

    Would the real Senator McCarthy please stand up? We've already lost our privacy after passing the almighty PATRIOT act, where law enforcement officials, CIA, FBI, and God knows who else now has the right to obtain information on all your private phone conversations and email if they even suspect that you're sneezing the wrong way. What better way to cap it all off than by completely hammering the Bill of Rights and listening in on a conversation between a lawyer and client? Ooh! I know! Why don't we stuff hidden cameras into confessional booths? Why not just have our neighbors reporting us to the FBI when they suspect us of "un-American" activities? I don't know about you guys, but I'm all pumped up for reliving the Salem witch trials! As a matter of fact, my dog died yesterday, and I think my boss may have had something to do with it. *fume*

  125. Fuck the police by CrazyJim0 · · Score: 1

    Just another reason to go down shooting instead of getting detained.

    Personally, I have been trying to obtain a grenade launcher, and had an AK-47 all lined up, but then the 9/11 problems made my purchases a fantasy as all the paranoid fucks jacked the prices up...

  126. Actually, "to" is wrong by JohnnyBolla · · Score: 1

    They already started. This began the day before it was announced. I wonder if this will hold up against it's first constitutional challenge? I doubt it.

    --
    Carpe Deez
  127. Attorney-client privelege and confidences by Lionel+Hutts · · Score: 2, Informative

    Absolutely not. Neither legal ethics nor any law (in a typical state) require lawyers, or anyone else, to reveal confidential communications (when they're not otherwise liable for the conduct).

    Under the ABA's model rules, a lawyer is *permitted*, but not required, to reveal a client's confidences only when *necessary* to *prevent* a crime or fraud reasonably *certain* to cause death or serious bodily injury. (Until this year, the injury also had to be "imminent.") An ordinary robbery wouldn't qualify, and, in any case, a lawyer with his head on straight wouldn't voluntarily turn in his own client.

    No, this is not the rule California applies to psychaitrists under _Tarasoff_. That shouldn't be surprising, since few rules of psychiatry apply to lawyers, and vice versa.

    Now, of course, it would not be *priveleged*, but that affects only whether it can be kept out of evidence -- not whether the police can be told of it. (Simplifying there a touch.)

    Yes, IAAL.

    Lionel Hutts, J.D.

    --
    I Can't Believe It's A Law Firm, LLP does not necessarily endorse the contents of this message.
  128. Re:Osama bin First Post by Anonymous Coward · · Score: 0

    How many perps does it take to change a light bulb?

    None. He fell down the stairs and broke his legs by himself.

  129. Spousal priveleges by Lionel+Hutts · · Score: 1

    Interspousal immunity has nothing to do with priveleges. It's an ancient doctrine with no important force anywhere anymore.

    There is a spousal testimony immunity (in many states), which, as you say, permits people not to testify against their spouses at the time of trial, on any subject. This has no equivalent in _any_ other common relationship: your doctor, lawyer, priest or sibling _can_ be forced to testify against you.

    There is a second relevant privelege: "marital communications," i.e., confidential communications between spouses are priveleged, and cannot be admitted (over the objection of the party-spouse) even if the witness-spouse wants to testify. This is similar to what lawyers and psychologists get everywhere; doctors have a similar privelege only in a few states and Federal courts.

    Finally, no state I know of has codified its law of priveleges. A minimal lawyer-client privelege is guaranteed by the 5th (and 14th) amendments; just about everything else is simply common law.

    IAAL.

    Lionel Hutts, J.D.

    --
    I Can't Believe It's A Law Firm, LLP does not necessarily endorse the contents of this message.
    1. Re:Spousal priveleges by Prior+Restraint · · Score: 1

      [N]o state I know of has codified its law of priveleges.

      Welcome to Ohio, "The Heart of it All!" O.R.C. 2317.02 "Privileged communications."

  130. Come on you guys! by Stardo · · Score: 0

    Give Ashcroft a little slack here, we all say crazy things when we're drunk.

  131. Text of the 6th Ammendment by Bob9113 · · Score: 1

    It helps to know what amendment we're thumping the pulpit about.

    "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."

  132. Did YOU read it? by Anonymous Coward · · Score: 0

    It clearly says:

    "most inmates subject to special administrative measure have no relation to the terrorism investigation"

    So what are we fighting against? It's not the fight against the perpetrators of the 9/11 attacks. They clearly say that! That's what's startling. Not that the government has started monitoring client-attorny conversations as a result of the terrorist attacks. The government was monitoring client-attorny conversations before the attacks!. They are just using 9/11 as a smokescreen.

    That's what sickens me. The cowards in government who are exploiting 9/11 to further their own attacks against the freedoms which are the core of America. Congress should be ashamed of itself. Terrorists don't have the power to destroy America. Congress and Mister Bush are doing that themselves. Pissing on the very contract which built this country in their weird combination of fear and lust for power.

  133. OT - Your .sig by corr · · Score: 1

    I know this is offtopic, but my head is beginning to hurt from everything going on lately.

    Anyways, that .sig kicks ass. That's my favorite quote from him (Spike).

    --

    We wave the flag of freedom as we conquer and invade.
    1. Re:OT - Your .sig by Hostile17 · · Score: 2


      I know this is offtopic, but my head is beginning to hurt from everything going on lately.

      Anyways, that .sig kicks ass. That's my favorite quote from him (Spike).



      Mine too, not many people get it, my user name or the connection. Sad really.

      --
      Fascism should more properly be called corporatism, since it is the merger of state and corporate power - Benito Mussoli
    2. Re:OT - Your .sig by corr · · Score: 1

      Heh - well, my name is derived from Moloch, The Corruptor from the first season. Most people just assume my name is Corry or something.

      --

      We wave the flag of freedom as we conquer and invade.
  134. Re:SURE you can expect the gov't to keep their wor by Sleepy · · Score: 2

    Read. Your analogy just plain sucks, although it may serve your purposes enough. A better example would be a Holocost victim trying to recover stolen property from a German bank, and the bank says "that was SIXTY years ago old man!"

    Look up the RECENT troubles in the Black Hills of Dakota. This is *still* going on. The courts have ruled that the Black Hills belong to the native peoples there, but have not been returned.

    Leonard Peltier is in fact still in jail in 2001 for his American Indian Movement political activities, despite evidence and admissions that the FBI violated process and the law with his and other cases (such as planting evidence and lying to the court, which was proven in the trials of other people charged).

  135. The (true) terrorists are in our own Government! by Newer+Guy · · Score: 1

    The most obscene bunch of terrorists are our own law enforcement, for using this terrible tragedy to take away rights that took HUNDREDS OF YEARS to get! THESE are the true terrorists...the police state that's being created by ASScroft et al!

  136. Re:ACLU being reosonable? That is surprising! by MacDaffy · · Score: 1

    In other words: the US government is prohibited from making any laws that establish a state-endorsed religion, or provide for favorable treatment of one religious group over another; and also from making any laws that keep someone from practicing their religion. The ACLU position clearly violates both provisions of the constitution - they think Congress has the right and responsibility to pass laws regarding religion, and prohibiting the excercise of religious freedom, in order to keep religion from "contaminating" the government.

    This is flat-out wrong! There is absolutely NO prohibition against the private exercise of religion in schools as long as it doesn't conflict with the establishment clause. If you think there IS a prohibition, you don't understand the amendment. The ACLU is trying to stop religious advocates from doing damage to the letter and spirit of this amendment. Any conduct that allows taxpayer funds to be turned to religious uses (including paying teachers to initiate or participate in religious observances during class time) is illegal,

    If you want to live in a country where a teacher could demand that your child bow to Mecca, say Kaddish, or recite the Lord's prayer before class (these things are equivalent), then leave the United States because it ain't gonna happen here!

  137. Precisely, and rightly so. by jake-in-a-box · · Score: 1

    There is a fundamental difference between warfare and police action. In warfare we shoot first and ask questions later - or never. When confronted with an enemy - in uniform or out - on a battlefield, a different set of rules apply than would apply in a civil action.

    The battlefield has been defined by the terrorists. We must act in knowledge that the rules have changed. US law does recognize the fact that in national emergency, certain constitutional rights can be abrogated.

    --
    To hear the gods laugh tell them your plans.
    1. Re:Precisely, and rightly so. by SnakeStu · · Score: 1
      When confronted with an enemy - in uniform or out - on a battlefield, a different set of rules apply than would apply in a civil action.

      Absolutely. However, we're not talking about somebody who has attacked or is attacking, we're talking about somebody who one person decides might be a risk. You may trust that this won't be abused. I cannot fathom doing so myself, based on past abuses by government.

      As you noted, even on a battlefield rules apply. If rules of war are ignored and soldiers go raping innocent women and killing non-threatening non-combatants, it's considered a war crime. Those instances occur when one person decides the victim is unworthy of basic protection that we generally take for granted. That sounds dangerously close to one person deciding here in the US that somebody is unworthy of a basic protection that we generally take for granted.

      The battlefield has been defined by the terrorists.

      I disagree. The "battlefield" has been shaped over many decades and US citizens who are shocked that this could happen here in the US are simply ignoring (perhaps arrogantly so) that terrorism has always been a worldwide concern, and the rich interplay of foreign relations affects the "battlefield" as much as any given act of terrorism.

      (I say this as a US citizen and veteran of overseas military service; I only point this out to derail those who might think that I am passing judgement on US citizens from outside the US.)

    2. Re:Precisely, and rightly so. by Anonymous Coward · · Score: 0

      "and the rich interplay of foreign relations affects the "battlefield" as much as any given act of terrorism. "

      No, it does not. We do have many, sometimes very heated, disputes with EU yet you do not see crazy Frenchmen or Germans blowing up our cities.

      "even on a battlefield rules apply."

      No, they don't.
      To the victor go the spoils ( as was demonstrated by Nuremberg and other "trials" of former Nazi regime.)
      The only thing that matters here is our survival.

    3. Re:Precisely, and rightly so. by SnakeStu · · Score: 1
      We do have many, sometimes very heated, disputes with EU yet you do not see crazy Frenchmen or Germans blowing up our cities.

      And exactly how is this relevant to what I stated? I didn't say that foreign relations cause the battlefield, only that it has at least as much effect on the battlefield as any given act of terrorism. A lack of Europeans using terrorism against the US in response to disputes with the EU disproves nothing other than a specific outcome; i.e., it does not disprove a class of outcomes. It also implies nothing about the class of actions to which terrorism might be used as a response; for example, the US might suffer terrorism from a citizen of a country in South America as a result of disputes between the EU and US. I think you need to understand what I meant by "rich interplay" before attempting to counter my claim.

      "even on a battlefield rules apply."
      No, they don't.

      I'm not sure whether you are naive or intentionally trying to mislead, but clearly your answer is not supported by history. Yes, to some degree, the victor determines justice; however, especially in a time in human history with unprecedented global communication and awareness, only fools would assume that rules could be ignored.

      The only thing that matters here is our survival.

      Unfortunately, this seemingly-simple soundbite-style comment is meaningless without provision of some definition. What is "our" survival -- is it preservation of human life? Preservation of a system of values? Preservation of the name of the country regardless of what happens to its peoples and laws? Your statement is almost too vacuous to warrant a reply, but I will answer the apparent intent of the statement by pointing out that we could have survived the Cold War by capitulating to the Soviet Union, but a common phrase back then was "Better dead than Red." To word it differently, values are more important than animal survival. By discarding basic protection under the law, we are discarding our values and, in at least the sense of preservation of a system of values, denying our own survival.

  138. And what society would that be? by jake-in-a-box · · Score: 1

    The "terrorists" perceptions and arguments about the nature of our society is irrelevant and immaterial. If you are argueing that we are in danger of becoming like them, you are wearing some pretty odd glasses.

    The terrorists real aim is to enhance their own power and psychological status among their own perceived peers. Their methods are ultimately irrational because their psychology is pathological. Short term success does not lead to long term survival. But turning our society into one that looks like theirs isn't truly in their plan, it's just a convenient canard to throw at the ignorant masses they prey on.

    --
    To hear the gods laugh tell them your plans.
    1. Re:And what society would that be? by nowt · · Score: 2
      Not turning our society into theirs. Turning our society into that which their propoganda purports us to be. Of course it they had their way, it's "practice Islam or die".


      Yes, their methods are irrational.


      I'm suggesting that we need to be very careful in our reaction to events lest we help destroy that which we wish to defend.


      And yes, I know Maslow's hierarchy is being pressed here... gov't defending itself, then citizens, then rights and freedoms.

      --
      A strange game. The only winning move is not to play. How about a nice game of chess? - Joshua (Wargames)
  139. Interesting book, but it was fiction by jake-in-a-box · · Score: 2, Insightful

    While works of fiction are useful to show us how things might turn out, they are not good basis for law.

    And truth is always stranger than fiction.

    --
    To hear the gods laugh tell them your plans.
  140. Re:SURE you can expect the gov't to keep their wor by elefantstn · · Score: 2
    Look up the RECENT troubles in the Black Hills of Dakota. This is *still* going on. The courts have ruled that the Black Hills belong to the native peoples there, but have not been returned.


    You may very well have a point, and I'm not up enough on current Native American affairs to agree or disagree with you. My whole problem, really, is with people who characterize the government in such a fashion as to make it some otherwordly being with no human connections, when it's really just made up of people, some of whom we elected and some of whom are appointed or hired by those whom we elected.

    As a postscript, your sig is totally correct. Anonymous moderation is killing /.
    --
    If it ain't broke, you need more software.
  141. Look into the wording - what about sedition ? by satsuke · · Score: 1

    Problem with this kind of thing is that the wording is such that ANY percieved act of terrorism can be used in the context of this rule.

    To put it in a Slashdot content. Given this administration's stated desire to close up crypto laws in this country to pre 95 levels. The line of thinking is something like this - if a terrorist were to use an encrypted text stream to communicate possible acts to another person, and one gets caught - the detail of the communication might not be brought up in court .

    Without the privacy normally enjoyed by ANYONE in the US . Than all of a sudden coders for openSSL and openssh are party to terrorism and are open to a visit in the hot seat.

    It's a little circumstantial in this instance .. but given that some people are equating hacking as terrorism it can bite us in the ass.

    This doesn't even begin to look at the small erosion of rights it represents .. though the erosion is getting steeper - given the knockless searches and relaxed wiretap rules in effect currently.

    A larger question is from this link

    http://cnn.com/2001/ALLPOLITICS/11/09/attacks.se di tion.ap/index.html

    .. for the ignorant .. sedition is detaining and prosecuting someone on the basis of words or ideas .. sort of a version of conspiricy only easier to get a conviction / search warrent / arrest warrent etc>

    Satsuke

  142. faggots of slashdot by mark+knopfler+69 · · Score: 1

    [to the tune of Sultans of Swing by Dire Straits]

    You get home late and you hurry to turn on your computer
    Waiting for Linux to load takes forever
    You log on to slashdot, but it takes too long
    You feel all right, when you see the gay intro colors

    Now you click on a link but it doesn't load right away
    You get some coffee while waiting for the download
    Shitty servers, with Linux software
    Yeah but at least, they use open source
    and post bullshit
    and post gay fucking bullshit

    You check out Retard Michael, he's a real fag
    Mind you he's strictly an anal fiend he doesn't want to jack it off
    Old condoms are all, he can afford
    When he gets up under the porno lights to shoot his thing

    And Hemos doesn't mind, if he doesn't get pussy
    He's got a full time boyfriend, he's doing all right
    He can suck a cock just like anything
    Saving it up for Friday night
    With the faggots,
    With the faggots of Slashdot
    [hey]

    And the hundreds of visitors, they are fooling around on the webpage
    Bored and drunk with nothing better to do
    They don't give a damn about the bullshit slashdot posts
    It ain't what they call, 'news for nerds'
    And the faggots
    And the faggots are buttfucking

    (buttfucking, baby)
    (uh huh)

    [solo]

    And then timothy steps up to the keyboard
    Typing words in just before he cums
    "Microsoft sucks, Linux is great"
    and he makes it fast with one more thing
    "We are the faggots"
    "We are the faggots of Slashdot"

    [solo]

  143. right to lawyer by Pyromage · · Score: 1

    Keep this in mind: YOU HAVE THE RIGHT TO A FAIR TRIAL.

    This means that if you did it, you should not get off! If you admit that you did it to your lawyer, he should turn you in!

    You can cry civil liberties all you want, and I even have my reservations, but this will only affect those with something to hide. I know this sounds callous and is often critisized, but when its regarding say recording private conversations, thats one thing. But in the case of a lawyer: the lawyer is not there to get you off the hook, he's there to get you a fair trial. Don't forget that.

    1. Re:right to lawyer by Anonymous Coward · · Score: 0

      >If you admit that you did it to your lawyer,
      >he should turn you in!

      Any Lawyer who does will be disbared instantly.

      >You can cry civil liberties all you want,
      >and I even have my reservations,

      Yes, so does ever bannana republic, china, and stallinism.
      If you start taking away the Rights and Liberties of the Minorities, then ultimatly we are all minorities.

  144. Re:ACLU being reosonable? That is surprising! by AbsoluteRelativity · · Score: 1

    I have to agree with MacDaffy, that just does not respect the intentions of the first amendment. It may say "Congress", but that is a standard of freedom that should be respected and applied to other government facilities. It just makes sense that you dont want the government to use your tax money to endorse/respect an establishment of religion over other religions and beliefs. Would you as a christian be happy if some teacher started teaching budhism to your child in their class even though the class is not about religion at all, even though the first amendment only says "*Congress* shall make no *law*"? I dont think so. The problem is that at young ages children and teenagers tend to be more impressionable (not all of them are like this of course), and parents dont want some one to poison their minds with strange ideas. As for evolution, evolution is fact (that is that animals and plants evolve, like in insects that become immune to insectecides is proven), its the theory of evolution (abiogenesis) which is a *theory* and is presented as a *theory* not as fact, religion does not present itself as *theories* of creation they present themselves as *facts* of creation a diffrent thing all together. I would think it possible to have a class on general religion and philosophy, although most schools would probably not find it productive as they find english math and science as more important, but it would be interesting if they did.

    --
    disclaimer : My views do not represent those of every one else in slashdot.
  145. S U C K M Y P U S S Y by cmdrTacosBitch · · Score: 0, Offtopic

    Kelly had just finished the last summer cheerleading practice.She was the first
    girl in ten years to make the squad their freshman year. Several of the other
    cheerleaders were upset. Kelly wasn't concerned about their thoughts. She shyed
    away from others and had very few friends. She didn't believe in the clicks
    people got into. Kelly is one of the prettiest girls in school. Shoulder length
    reddish blonde hair, acute face with a small button nose, and always smiled.
    Breasts the size of small grapefruits with nipples same size as quarters. Flat
    slightly sculptured belly, slender waist, narrow hips, small plump butt and
    perfectly shaped legs. All wrapped into a 5'4" 115pds frame.

    After showering Kelly dried herself, as she went to her locker. She noticed four
    girls across from her locker talking and snickering. Kelly ignored them. After
    slipping her cotton bikini pantys on, she grabbed her bra. Somebody had cut the
    straps. There was no way she'd be able to wear it now. She turned around to
    confront the now, laughing girls. They quickly walked out of the lockeroom.
    Kelly put on her low cut tank top, and shorts. After throwing her stuff into her
    bag, she headed out. Her breasts stood just as if she had a bra on. Her breasts
    firmly jiggled as she walked to the bus stop. Kelly was headed downtown to the
    library first. Then to a movie.

    Kelly had noticed lately that boys as well as men were looking her over as she
    walked by. Today more so than ever. After she got off the bus downtown. She went
    to walking the 4 blocks to the library. When a old black man walked out of a
    alley. Hey there. Where you headed? (shyly and quietly) Oh, hi. I'm going to
    have lunch with my dad. Kelly walked a little faster. She didn't notice that the
    old black man was following her. Kelly went into the library and looked over a
    couple of books untill it was time to go to the movie. She looked up. Over a few
    tables was the old black man. Since she had noticed men looking her way. Kelly
    was starting to become a tease. So, she walked his way to put the books away.
    She knew he wouldn't do anything in public place. When she was in front of him.
    She dropped the books. Bending over to pick them up. (without bending her knees)
    Her tank top layed so the old black man could get a good look at her white
    breasts. The old black man's mouth dropped open. Oh! Excuse me. (acting as it
    was an acident)

    Kelly headed to the movie. Which was a couple of blocks away. She loved the
    reaction she had got from the old man. The movie Kelly wanted to see was sold
    out. She wanted to see a movie. So, she got a ticket to another. Then she saw
    that another was starting and it was rated R and nobody was around. She went on
    in. Hardly anybody was there. Kelly sat towards the back . The movie started.
    When a nude scene started someone came and sat by her. She didn't even pay any
    mind. She in awe of what was on the screen. This was her first R movie. There on
    the screen was a black slave climbing on top of his master's white wife to have
    sex. Kelly liked the sight of the slave's black skin on the white woman's body.
    Kelly didn't even realize the person beside her had placed their hand onto her
    knee.

    But, when he moved his huge hand upto her thigh. Kelly regained her awareness.
    She turned. It was the old black man. She tried to push his hand away. He just
    leaned over and kissed her neck. He kissed his way down to the tops of her white
    breasts. As he moved his hand upto her shorts. He kissed the tops of her breasts
    as he rubbed her crotch. He then unbuttoned and unzipped her shorts. Even though
    she liked the sight of his black face to her white chest area. She knew she had
    to do something before he got any further. She thought to herself (that she
    shouldn't have teased this old man) As the old black man started pulling at the
    young white girl's shorts. Stop. Or I'll scream. At this time an usher was
    making his rounds. Kelly got up to leave. The usher stopped her. your not old
    enough to see this movie. I know. I came into the wrong movie by acident. Kelly
    left and went home.

    It had been several weeks since the incident with the old black man. School had
    started. Pro football season had started the week before, and Kelly's school was
    going to have their first game tomorrow morning. Today they were having a pep
    rally at the end of the school day. Kelly stopped over Stacy's house for awhile.
    It was about 6:00p.m. Kelly hurried home to help set up things for her dad's
    party. Every month her dad and some of his friends would get together and have a
    few drinks and discuss sports. This was her dad's turn to have it at his house.
    When she got home. Her dad told Kelly that her mother had went out with aunt Mae
    and that she'd be out late. Kelly helped her dad set things up. Most of the guys
    were there. Kelly fixed herself something to eat and took it to her room. She
    turned on the stereo as she ate.

    It was about 8:15 now and Kelly decided she'd take swim as it was unseasonabley
    warm tonight. Kelly danced around to the music as she got her bikini out.
    Without thinking she took her top and bra off. She was in front of the window
    and hadn't pulled the blinds down. She looked outside and noticed Mr. Turner
    looking up at her. Mr.Turner was retired runningback from the local pro team. He
    was black very muscular. He stood about 6 feet tall and weighed around 235
    pounds. Kelly was so embarassed. She hurried away from the window and put on her
    bikini. She thought about not swimming. But, after a half hour she went on down
    to swim. As she tried to sneak by the rec room. Mr. Turner walked out and almost
    bumped into her. Oh! Hi. Didn't mean to run you down. Kelly couldn't even speak.
    By the way. I didn't mean to stare earlier. It isn't everyday you see such
    beauty. That's ok. (very quietly) As she went onto swim.

    Kelly swam and relaxed poolside for a couple hours. She went on upto the
    bathroom and took a shower. Dried herself. Then, slipped on a robe. She went
    across the hall to her bedroom. As Kelly entered her room she looked to see who
    was coming up the stairs. It was Mr. Turner. May I use the restroom. Sure. Kelly
    pushed at the door. The door sounded like it closed. But, it came open slightly.
    Kelly saw Mr. Hicks looking through his upstairs window towards her. He must be
    around 73 years old. Kelly turned on the radio and started dancing. Her robe
    came open. Mr. Hicks just stared as she danced. Kelly turned off the overhead
    light after turning a lamp on. She thought to her self. She'd realy give
    Mr.Hicks a surprise. She slipped her robe off. Exposing her totaly naked body to
    him. After all he was in his house and to old to do anything. She danced around
    for a few more seconds. Then she layed down on her bed. Mr.Hicks still had view
    of her. Kelly was turning into a real tease and was liking it. She rolled over
    onto her belly, so that Mr.Hicks would get a good look at her butt.

    She heard the bathroom door open. She glanced at a mirror across the room, and
    noticed her door was open slightly. She thought about getting up and closing it.
    But it was to late. Mr.Turner was in the hallway next to her doorway. Kelly
    acted to be asleep. After a few seconds she heard the door close. Kelly figured
    that he pulled the door closed. But, when she heard some movement. She became
    terrified. She kept her eyes shut as if she was sleeping. She then felt
    Mr.Turner run his hand up the back of her white thigh. Kelly trembled as he
    caressed her young white buns. She instantly felt herself getting wet inside.
    Mr.Turner kissed her white butt. Kelly liked this but knew it was wrong. She
    turned over onto her back. Don't!

    Then she saw him. Totaly naked huge black man. Huge biceps, a very muscular
    chest, ripple tummy. Kelly let out a quiet gasp as she noticed his huge erect
    penis. It must be 11inches long and realy fat. She couldn't get her eyes off of
    his huge black monstercock. Mr.Turner walked upto her face. Suck on it. No! as
    she thought ( that would be gross) He rubbed his black cock across her lips a
    couple times. He then went to the foot of the bed and knelt down. He kissed the
    young white girl's thighs working his way up. Don't! Stop! I'll scream. As
    squeezed her legs together. He kissed her blonde pubic hair, then lower belly.
    Kelly became speachless as he kissed white belly and licked at her bellybutton.
    Mr.Turner wasn't going to take a no for an answer at this point. He kissed his
    way to her teenage white breasts. He kissed and sucked at her nipples at the
    same time ran his hand to her young pussy.

    Kelly let out a moan, as he inserted his finger inside her. She tried to push
    him away. Even though she was enjoying what he was doing. Kelly knew this was
    bad and besides he would most likely rip her in half. Mr.Turner rubbed at her
    teenage pussy for moment to lubricate the outside of her pussylips. Mr.Turner
    climbed onto the bed to mount her little white body. Kelly held her legs
    together. Please don't It will hurt me. It only will hurt for a moment. Ohhh! As
    Mr.Turner rubbed his huge black cock up and down her little pussy. He pushed
    forward. No penetration. He gave big shove forward. Still no penetration of the
    little white girl's pussy. He pushed again and finaly managed to get his
    cockhead inside her. Kelly tightened up. He pushed a little deeper. She felt his
    huge black cock press against her hyman. She knew that one more push would pop
    her cherry. Just as he drew back. A knock at the door. Kelly! Kelly! Are you
    awake. As the door opened. Mr.Turner jumped off the side of the bed.

    Hi dear. Mmmom! Yes. Are you ok? ya. Dad, said you'd be late. The movie was sold
    out. So, I came home early. Are you sure? That you are ok. Yes. Just tired. I've
    told you to pull the blinds down. You are old enough now that guys will love to
    see you dress and undress. You sure seem nervouse. Is there anything wrong? No
    mom! Well, you look flush and sweaty. I'll get the thermetor. No. That's ok. I'm
    alright. Ok. Call for me if you need me. Goodnight. Goodnight mom. Kelly was
    trembleing. Mr.Turner jumped up and dressed and quietly went back downstairs
    where there were still a few men gathered having their last drink. Kelly finaly
    fell asleep a couple hours later. But, within another hour she woke up from a
    bad dream. Her mother rushed in and comforted her. Kelly couldn't tell her
    mother that she dreamed about being raped by twelve black men.

    After this Kelly quit teasing men for a couple weeks. She started slowly once
    more. She would mostly like old black men. She would go without a bra and leave
    a button undone then lean over in front of them. During the holiday vacation.
    When her parents were at work. Kelly even went totaly naked. Except a long
    winter coat. She rode the public bus all the way downtown. She aboat croaked
    when an old black man sat beside her. They talked awhile. He was headed to work.
    He was going to retire in the spring, after 40 years of service. When he looked
    the other way. Kelly undid the top button of her coat. Which exposed just a
    little of the tops of her white breasts. Your a very pretty young lady. You need
    to be careful. Someone may try to have their way with you. I can take care of
    myself. Here's my stop. Take care.

    Kelly felt ashamed. She stopped such things. Untill the last day of school. She
    had worn her white blouse and plaid skirt.(the catholic school girl look) She
    decided to walk home since it was very nice day out and school let out early.
    She was walking through the park. She was nearing the walk bridge across the
    creek. She heard some voices coming from under the car bridge nearby. There were
    three black hobos. There was nobody else in sight. They were washing theirselves
    in the creek. She starred at them. They only had their pants on. But, she liked
    the sight o their black chests. Kelly also knew that they would most likely see
    her cross the walkway. She was realy excited. After a moment she slipped her bra
    then pantys off and put them in her backpack. This excited her. Even though they
    were to far away to notice. She only had two blocks to go to get home from the
    park. When she walked across the walkway. The men whistled and yelled to her.
    They were close enough to see that she was a pretty girl. Kelly liked this but
    ignored them. But, then she noticed they were following her. She picked up her
    pace. A short distance from the street. They caught her. One of the black hobos
    grabbed her. Turned her around. Man! We're goin to have a good time today. As he
    saw her quarter sized pink nipples poking through her blouse. Then a cop drove
    by. Then backed up. The men ran off. Mam! Were they bothering you? As the cop
    walked upto her. No sir. He was a tall black man in his fortys. He took a double
    take when he noticed her pirky breasts through her blouse. You need to watch how
    you dress. Your asking for trouble.

    That night she dreamed of Mr.Turner fucking her. She woke up in a sweat. She was
    showering when her parents yelled in at her. Honey! We're headed to work early.
    Kelly wondered more and more what it would feel like to be fucked by a black
    man. Mr.Turner was very gentle with her. She couldn't believe how close she came
    to being fucked. Kelly thought to herself-(I know it's wrong. But, I'm going to
    find out today) She put on her bikini pantys then bra and her summer sundress.
    After slipping on shoes she went downtown on the bus. Remembering the first
    experience with an old black man. She walked towards the alley where she first
    saw him. It was almost 10:00a.m. Ahead was a tall old black man. It might even
    be the same man. Kelly acted as if she didn't notice him. She walked as if going
    to the library. Hey baby! Don't you say hi to your friends? So, she knew he was
    the same man and he remembered her. Oh. Hi. (acting not to be interested) Hey!
    You want a puppy. (Knowing this was a ploy) (Even though she was scared-she was
    going through with her plan) Sure! Where is it? Down here. In a box. Directing
    her to the alley. Kelly nervousely followed. I sleep here and this puppy came
    upto me and had no tags. A third of the way through the alley. There were stacks
    of large cardboard boxes with blankets on them. There were five other old black
    men laying on their blankets. Untill they seen her. Kelly started to leave. Not
    soon enough. They surrounded her.

    Don't I'll scream! One of the black men pulled out a knife. No you won't.
    Unless! Kelly stood there while the black men fondled her. Two of them fondled
    her breasts and two others played with her firm butt. One watched the street as
    one of the black men unzipped her sundress and slipped the straps off of her
    shoulders. Her dress fell to her ankles. Please! Don't hurt me. The man with the
    knife walked upto her. Not saying a word. Cut the right strap of her bra. With
    the other black men laughing he cut the left strap. Starring into her eyes he
    ran the knife across the tops of her breasts. Then suddenly cut her bra in half.
    Kelly's bra fell to the ground. Exposing her firm white breasts to the old black
    bums. They all got quiet. Starring at the young white girl. The black man put
    the knife up. Then with two hands grabbed her pantys and ripped them from her
    petite teenage body. Kelly felt herself getting wet. Even though she was
    terrified. Here she was a virgin about to be raped by six old black men in an
    alley downtown. She didn't even know if they would kill her or not.

    Kelly just watched as the man in front of her dropped his pants and undershorts.
    He was black as midnight. His cock was hard pointing towards her. It was smaller
    than Mr.Turner's. But, Kelly didn't see how it would fit into her. Kelly shaked
    like a leaf and tears started to run down her face. The black man's cock pressed
    against her belly as he stepped closer. He shoved her down onto a blanket. He
    knelt down and pushed her legs apart. She was to scared to fight back. She
    looked to the side as he mounted her. She noticed that the other men's dicks
    were larger and fatter. He whispered to her I'm the nice one. The others would
    just ram it inside you. He rubbed his black cock up and down her blonde pussy 4
    or 5 times to slicken her up. He then pushed forward. Without sucess. Then
    another, and another. Your one tight chick. One more huge shove forward and
    Kelly felt his cockhead push inside her. Then another push and he was touching
    her hyman. He pulled back. Then with a smile gave a quick shove forward. Kelly
    screamed out in pain as his black dick ripped through her hyman.

    The black man took pleasure at the painful look on her face. Your just a spoiled
    white brat. As he slammed all 8 inches of his cock into her. Blood ran down her
    butt. He squeezed her white tits so hard she thought that they would pop. She
    felt his hairy black balls slamming against her white butt. The other black bums
    were urging him to hurry. They wanted their turn. The pain subsided after a
    couple minutes or so and Kelly was starting to enjoy the fucking she was
    getting. She wrapped her legs across the backs of his. Kelly let out moans of
    delight as the black man pounded his cock into her white pussy. She was about to
    climax when she felt the man cum inside her. With one more lunge forward. He
    pulled out of her. Who's next. She's a fine piece.

    The next black hobo ordered her to her hands and knees. Like a dog you know.
    After penetrating the young white girl from behind another got infront to force
    her to suck him. She learned quick how to suck. Kelly first thought it was gross
    to have a man's dick inside her mouth. After a couple minutes she even started
    enjoying cocksucking. The man behind her fucked her as hard and fast as he
    could. Making her buns and tits bounce around. She felt herself building to a
    climax again. This time she squeeled in delight as she climaxed and felt the
    black man cum inside her pussy. The old black man in front was cumming into her
    mouth as the man behind pulled his black cock out and squirted a couple times
    across her butt. The two black men quickly stepped away from the petite white
    girl. When another layed beside her and directed her on top of him.

    Kelly sat on his 12 inch black snake. She let out a gasp in dispair as the last
    4 inches went inside her. It was uncomfortable as he fucked her. But, after a
    moment it felt good being stretched this far. She figured he must have the
    biggest dick in the world. To her surprise one of remaining black men knelt
    behind her. He pushed her forward. He guided his 10inch black cock to her white
    butt. He gave a hard continued push. Kelly screamed and tears appeared again as
    she felt like she was being ripped in half. Without hesitation the black men
    fucked her hard and unmerciful. One in her white ass and the other in her blonde
    pussy. Even though it hurt after a few minutes of being double fucked. Kelly
    yelled out in another orgasm. As the black man inside her butt squirted streams
    and streams of cum inside her. Then the last black man traded places with the
    man that was buttfucking her.

    As he started buttfucking the teenage white girl. He yelled out. Hey! we're a
    oreo cookie. Kelly was getting exhausted and was going limp. It felt like she
    would pass out. Then she orgasmed again. After she came off of her third orgasm,
    the man pumped her white ass full of his black seed. He quickly withdrew from
    her as the man under her. Rolled over on top of her. He went to fucking his
    black 12 inch pole in and out of her as fast as he could. He sucked on her white
    breast. When he started cumming inside her he bit down. Kelly let out a yelp.
    This didn't stop her from climaxing again, for the fourth time. The man stood
    up. She was exhausted and just layed there. To her amazement they were still
    standing around naked. We want you to meet Bubba.

    Kelly was amazed when she saw Bubba. He was about 50yrs.old 6ft.6in. tall
    220pds. His cock must be around 14 inches long. As he mounted Kelly's little
    white body. He told her that he was going to fuck her brains out. It looked like
    a black monster mounting a little white doll. He entered her slowly. Even though
    she had been reamed out several times. It was slow going for him to get his
    black cock into her. After getting 10 inches inside her white pussy. He started
    fucking her hard. After a few minutes his huge black balls were smacking against
    her white butt cheeks. Kelly orgasmed first. Then she felt him shoot a couple of
    squirts of cum inside her pussy. He pulled his huge black cock out of her and
    finished cumming all over her flat white belly. After he stepped back. She was
    surrounded by the other six black men. They jirked theirselves off all over her.
    She was drenched in cum. Her hair and face was covered with cum. Her white
    breasts, belly, pubic hair, pussy, and butt was also was covered with cum. She
    thought to herself I can't move. She figured that she was about to pass out with
    exhaustion.

    Kelly just layed there naked and covered with cum. The black men were dressed.
    When she saw reflections of flashing lights. The black men had went to the
    entrance of the alley. Kelly heard them talking to what seemed like police
    officers. She slowly got up and peeked around the corner. It was the police. She
    grabbed her sundress. As she walked out the otherside of the alley she slipped
    on the dress. Her shoes had fallen off during all the fucking. Her breasts,
    pussy, and butt ached from the pounding and stretching. She was drenched in cum
    which was starting to dry on her now. No place to clean up. Oops. Excuse me. She
    bumped into a lady. Are you ok. Yeh! Sure. Kelly walked three block as everyone
    starred at her. Since she was such a mess. People kept asking if she was ok. She
    got home on the bus. She threw her sundress in the washer, showered. Redressed
    and fell asleep on the coach.

    --
    --I like to lick the shitty bits off Cmdr Tacos crusty ass
  146. Re:SURE you can expect the gov't to keep their wor by An+Ominous+Coward · · Score: 2

    Moderation itself killed Slashdot a long time ago. That, and the editor's War on Trolls, which has some interesting parallels with the War on Drugs and War on Terrorism.

  147. This is where liberty depends on the court. by jcr · · Score: 2


    Forget writing to your congress critter, write to all of the members of the supreme court.

    Just like Hoover before him, JBT's like Ashcroft are always going to push for more and more unconstitutional police powers, and in out country, it's the job of the supreme court to say no. If we let the motherfucker get away with this, then goddamn it, the rag-heads WIN.

    Did any of the reporters present at his proclamation ask the question: "Excuse me, you fucking pig, but what in the world makes you imagine that a fanatic who's willing to train himself for years to off himself in a kamikaze is going to be so incompetent that you'll trip him up by merely shredding the constitution?"

    Mr Bush took an oath to preserve, protect and defend the constitution against all enemies, both foreign and domestic. Mr. Ashcroft is the most obvious example of the latter since Obergruppenführer Hoover himself.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  148. Isn't it odd... by Anonymous Coward · · Score: 0

    Isn't it odd that these people who want to take all civil rights in fear of terrorist DON'T want to make their account-information open?

  149. The ACLU should be silenced by law by Anonymous Coward · · Score: 0

    Perhaps we could get a law passed prohibiting the ACLU from publicly commenting on the effects of legislation. ;-)

  150. A certain Mr. Franklin once said.. by Anonymous Coward · · Score: 0

    "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
    - Benjamin Franklin, Historical Review of Pennsylvania, 1759.

  151. Re:ACLU being reosonable? That is surprising! by Anonymous Coward · · Score: 0

    "Any conduct that allows taxpayer funds to be turned to religious uses "

    Hell, ACLU doesn't have a problem with government financing anti-religious activities ( NY "art" exhibit paid for with my taxes etc ....)
    Isn't that a bit inconsistent ?

  152. Government to Eavesdrop on ALL Conversations by Garry+Anderson · · Score: 2

    They listen to ALL conversations on the Internet - the excuse of looking for terrorists was a lie.

    Ask them to explain how using carnivore, or backdoors in encryption will stop terrorists communicating by other means e.g. face to face, personal courier and steganography.

    They will have to do that, or get caught.

    Government say about surveillance - "you've nothing to fear - if you are not breaking the law"

    This argument is made to pressure people into acquiesce - else appear guilty of hiding something.

    It does not address the real reason, why they want this information - they want a surveillance society.

    They wish to invade your basic human right to privacy.

    This is like having somebody watching everything you do - all your thoughts, hopes and fears will be open to them.

    All your finances for them to scrutinize - heaven help you if you cannot account for every cent when they check on your taxes.

    Do not believe the lies of Government - even more money spent on these measures will not protect you from terrorists.

    Incidentally, the United States Department of Commerce is stopping free speech. They and the United Nations World Intellectual Property Organization know the solution to domain name and trademark problems. Please visit WIPO.org.uk to see it.

  153. Ever heard of Malayan Emergency (1948-1960)? by Anonymous Coward · · Score: 0

    In Malaysia during that period, the communist terrorist group attacked the nation via guerilla warfare. The goverment declared a state of emergency and imposed many rules to restrict the attacks. One of the law passed was Internal Security Act (ISA) which allows the goverment to detain a person without trial for one year. It made sense back then but now in the time of 'peace', it is used by a major political party to squash to opinions of the weak and the minority. A few years ago, the Vice Prime Minister had differences with the Prime Minister so he was fired and jailed under ISA. What happened to Malaysia can happen to America. This 9/11 attack is a phantom menace... at the very least it is used to erode by certain individuals to further pursue their agenda of eroding American basic civil rights. You have to stand up!!!

  154. fair trial? by goatboy_14 · · Score: 1

    Who has a right to a fair trial?

    Did the people in the Salem witch trials have a right to a fair trial?
    (granted that was in the 1600's, and thus before the constitution, but work with me.)

    Or how about the Native Americans during the Western Expanion?
    Did they get a fair trial before we either marched them off to ever-shrinking reservations or killed them off as we saw fit?

    Think that our precious America has changed since so long ago?

    How about the people who got black listed during the great communist witch hunt?
    Did we give them a fair trial?
    No.

    The point I'm tring to make here is that anyone who is labeled to be 'staning in our patriotic way' is hunted down by our governments own version of mob justice.

  155. People don't care. by bigfrigginfrogman · · Score: 1

    All people care about anymore is what dateline and
    20/20 tell them to. Poeple don't research ideas or statments in the media, they could but they don't feel like spending the time. /.ers know about how hard it is to get people to care about the whole Microsoft issue. This is even more improtant, and people don't care. They just want to feel safe, and if you point out new laws life this one they'll tell you. "If you haven't done anything wrong then you should have nothing to hide." Something has to give and force people to wake up and stop being sheep for the media to heard.

  156. civil rights my @$$ by Anonymous Coward · · Score: 0

    like american politic had any trouble taking awau afghan civil rights. or cuban.
    of how about prices for bayers medicin in america and prices aids medicin in africa.

    think about ithis. this goes far deeper than a simple flamebait!

  157. Doh! by LenE · · Score: 1

    I'm proud to admit that I stand corrected. My parsing of the Fifth Amendment was incorrect and I'm embarrassed to have to blame sleep deprivation as the cause.

    I do stand by my assertion that the first amendment is being violated when valedvictorians are told that they cannot offer prayers at graduations and such, as this is clearly infringing on their right to practice their religion freely.

    It is my understanding that in many trial cases, much evidence is discovered that ultimately will never be used in a trial. Much of this is because the evidence is useless, but in quite a few cases, a judge will rule that the evidence is inadmissable for other reasons. Prior convictions and confessions under duress come to mind immediately.

    I can see no reason for wiretapped conversations between counsel and a client to be admissable in any court for the currently accused or any of his accomplices. That is not to say that I see no value in having these conversations taped.

    The crux of the problem that investigators are having now is the fact that none of the detainees with strong associations to the hijackers or other known terrorists, are saying anything. Anything that they may tell their attourneys would not be admissable in their trial, and their counsel cannot divulge much of this information anyway. Even though the eavesdropping tapes would be inadmissable in court, they could still provide leads for other investigative teams to persue on other linked individuals.

    Note that these individuals have had warrants issued, based on credible evidence. Many are direct accomplices to the events of 9/11. Our Bill of Rights does not say "presumed innocent" it only guarantees a fair trial, so that they can be convicted of only the crimes that they did commit. Many of them are not completely innocent people, and most who are really innocent know information about the truly guilty. Silence and priveledge are preventing justice from being done.

    -- Len

    1. Re:Doh! by gilroy · · Score: 1, Redundant
      Blockquoth the poster:

      Our Bill of Rights does not say "presumed innocent" it only guarantees a fair trial, so that they can be convicted of only the crimes that they did commit.

      I will leave aside the proposition -- recognized by at least some judges for a long time -- that the presumption of innocence is a prerequisite for a fair trial. Instead, I'd like to point out that the right to a fair trial must include the ability to exercise all of one's Constitutional rights to the fullest. The Fifth Amendment protects against coerced self-incrimination. The Sixth Amendment guarantees assistance of counsel. Unless one recognizes a very broad attorney-client privilege, those two rights cannot be simultaneously exercised. How can one fully utilize counsel -- how can one preserve the fairness of a trial -- while afraid that anything said to the attorney will become a part of the court record? How can you prevent self-incrimination and yet throw open any discussion with the attorney to full scrutiny? As is often the case, the courts have recognized that the exercise of explicit Constitutional rights sometimes entails the exercise of others, necessary for the first.

      Even though the eavesdropping tapes would be inadmissable in court, they could still provide leads for other investigative teams to persue on other linked individuals.

      And as soon as this becomes commonplace and known, defendants will stop speaking freely with their attorneys, for fear that something will come back to haunt them. And then the Sixth Amendment guarantee of counsel is meaningless, since an efficient and effective defense depends on the free flow of information between counsel and client.


      Many of them are not completely innocent people, and most who are really innocent know information about the truly guilty. Silence and priveledge are preventing justice from being done

      First of all, the DOJ has not given any evidence that attorney-client privilege is hampering justice. There is a bare assertion, but not a single instance wherein they can say, "Well, if we had had this power, the events of 9/11 would have been prevented".


      Second, look how you have already tarred the detainees. Despite repeated claims that everyone deserves a fair trial, you have already declared them guilty, apparently because the federal government saw fit to pick them up. The legal system erects many checkpoints and barriers to the untrammeled exercise of prosecutorial power, precisely because this tendency is inherent in human beings.


      Third, you seem willing to coerce even those you admit to be "really innocent". In other words, you're willing to hand over to the DOJ the ability to detain, to tape, and to harass people who are "really innocent" if the DOJ makes a simple assertion that these people might have information the DOJ desires. The proposed rule removes the courts from the process, eliminating the judicial oversight that is absolutely essential for preventing prosecutorial abuse.



      For most of the people upset with this decision, it seems to me, the issue is not the possible abridgement of attorney-client privilege. It's the fact that the DOJ has moved this into an internal "administrative" policy, setting DOJ up as both the implementor and the evaluator of the situation. The DOJ has no role and no authority to decide constitutional questions, and certainly no authority to reduce constitutional guarantees, even in a crisis. That power is reserved to either Congress or to the courts, for good reason: The American system depends on external checks on the abuse of power by any government agency.



      I'm not arguing that the DOJ will find the new rules more convenient. I'm just less interested in their convenience than the DOJ is. I put a higher value on the principles that make this nation a free and open land based on the rule of law -- the principles that make this nation worth defending. It seems to me that the current climate encourages people to sacrifice all that we are, to chase a chimera of physical safety.

    2. Re:Doh! by maxpublic · · Score: 1

      I do stand by my assertion that the first amendment is being violated when valedvictorians are told that they cannot offer prayers at graduations and such, as this is clearly infringing on their right to practice their religion freely.

      No, they don't have that right. Freedom of religion also means from from religion, and as a graduation ceremony is a public function funded with public tax dollars, government cannot 'respect' whatever religious wackiness is being offered up as part of the event. Christian, Moslem, Hindu, Jewish, Buddhist, Wiccan, it doesn't matter; that's public tax dollars which are being used to endorse a specific religious sentiment which, no matter how vague, would still devalue those with no religion (such as yours truly).

      In other words, you don't use my tax dollars to push your religion, no matter how 'innocent' the act seems. If you want to practice your religion, do it on your own time and at your own expense.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    3. Re:Doh! by LenE · · Score: 1
      Not that anyone will read this now that it's dropped from the front page, but...

      You aren't capable of ignoring people? Freedom from religion is equivalent in my book to ignorance, in the polite way.

      If you don't want to go into a church, synagogue, mosque, shrine or coven when you walk by any of them, then fine, don't go in. Ignore them. I'm sure that the sermons, organs, bells, singing and praying can be heard outside of most. This doesn't mean that they should be soundproofed to protect you from their religious message. Just unbunch your panties and ignore them.

      As to the Valedvictorian speech, the pulpit is given to this individual as an honor of their achievement. It is this individual's soap box to use his right of free speech to whatever point that he wants to use it for. The valedvictorian of my HS class used it for a drunken rant; it was his perogitive. If he wanted to use this opportunity to summon the demons of hell, well he "earned" the spot to say whatever he wanted to.

      -- Len

  158. Shit I oversept! by karlm · · Score: 1
    I went to sleep last November and it's obviously April first today. Someone please tell me this is a joke. Pretty please?

    Hmm... I'm going to have to go cry now. :-(

    --
    Copyright Violation:"theft, piracy"::Anti-Trust Violation:"thermonuclear price terrorism"<-Overly dramatic language.
  159. Thanks for a moment of rational discourse by jake-in-a-box · · Score: 1

    It's as rare here as anywhere else.

    --
    To hear the gods laugh tell them your plans.
  160. Fahrenheit 451 by Kludge · · Score: 1

    In the book Fahrenheit 451 a character explains to
    the protaganist how it came to be that all books
    are banned. Not all books were banned at once.
    Certain groups opposed certain content that then
    became illegal. Over time all content became
    illegal.

    The point is that, should we be complacent about
    giving up any part of any liberty, such as freedom
    of speech, we could loose them all. Losing one
    particular freedom is not bad, but giving up the
    princple that we do not give up liberties
    is bad.

  161. Nick Zedd by rsimmons · · Score: 1

    It won't be long before we're living in some hell out of Nick Zedd's brain. Specifically Police State.

  162. Bush not Liar, Bush Says by Kyusaku+Natsume · · Score: 1

    President Bush,addresing members of the White House press corps Wednesday, denied all allegations of falsehood regarding the Iran-Contra affair*, covert CIA operations in Central America, his "no new taxes" pledge and several other matters currently being dodged by individuals who may or may not be conected to the BUsh Administration.

    "I did not, nor have I ever, betayed the trust of the American people by lying to them when I claimed, as I did, to have no knowledge of these aforementioned affairs," Bush said. "Furthermore, I empathically deny ever commenting on the matters, of which I had no knowledge, and I am still uncertain as to what extent my knowledge may be implicated".

    Bush went on to say that any alleged remarks he may have made on the issues were taken out of context.

    * This was about Bush, father, to update change Iran-Contra to War on terrorism

    From the Onion's "Our dumb century" ISBN 0-609-80461-8

    --
    Mexico: 100% conservative's America now!
  163. Friendly reminders by Platinum+Dragon · · Score: 2

    For any Slashdotter who thinks the proposed limitations to the attorney-client privilege revocation will be respected by the U.S. government when those limitations prove inconvenient, I have five words for you:

    "Iran-Contra"

    "War on Drugs"

    --

    Someday, you're going to die. Get over it.
  164. Re:SURE you can expect the gov't to keep their wor by /dev/kev · · Score: 1

    Maybe so, but Slashdot isn't a democracy and has never even given the illusion of supporting free speech.

    --
    Quidquid latine dictum sit, altum viditur.
  165. Martial law, anyone? by merlyn · · Score: 2
    We are suspending the US Constitution bit-by-bit, in a "cooking the frog" way.


    Why don't we just declare martial law for the time being and get it over with? This inch-by-inch destruction of true freedom in the name of "protecting freedom" is getting more annoying every day.

  166. Re:ACLU being reosonable? That is surprising! by Secret+Coward · · Score: 1
    ACLU doesn't have a problem with government financing anti-religious activities ( NY "art" exhibit paid for with my taxes etc ....)

    Do you have a reference for the ACLU being involved in that case? Do you have a reference of the ACLU opposing art which clearly has pro-Christian content?

  167. Who needs terrorists?....... by jdauncey · · Score: 1

    Who needs terrorism to undermine freedom, liberty, democracy, etc. when your own government can do it?