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Secret Court: Government Lied to Get Wiretaps Approved

Paersona writes "Ever wonder what Colleen Kollar-Kotelly is doing to pass the time while she waits for the next step in the Microsoft case? Apparently she is now serving as the lead justice of the FISA court that oversees intelligence agencies' requests for domestic wiretapping. Today, the Washington Post reveals that the FISA court has released a rare public report rebuking the FBI and Justice Department for their handling of wiretap requests." The New York Times also has a story about the FISA court. The court's opinion is available.

373 comments

  1. News for Nerds? by Pave+Low · · Score: 0, Flamebait

    What does this have to do with anything that slashdot normally post? Certainly nothing to do with my rights online, or anything else. This is just another flamebaiting article to troll for hits and flames.

    It seems, michael, a notorious government hating leftist is using slashdot once again to advance his own political agenda.

    --
    SIG:Slashdot: indymedia for nerds.
    1. Re:News for Nerds? by DonFinch · · Score: 5, Insightful

      If you understood the announcement of the FISA court you would understand this has everything to do with YRO. I imagne it wouldn't be a big step to go from phone tapping to packet sniffing, and the DOJ could say you are a suspected terrorist, monitor you, then send your name, address, phone number, penis size, whatever, to the FBI for criminal charges (got any MP3's to a CD you dont own, legally thats felony copyright infringement) with not warrant. Get it now? People should be EXTREMLY pissed off about this.

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      -- Insert wisdom here:
    2. Re:News for Nerds? by chill · · Score: 2

      Correct. Landline telephone, cellular and data surveillance that occur inside the U.S. borders and/or by U.S. citizens is the jurisdiction of the FBI and thus under the oversight of this court.

      It DOES matter to the general Slashdot readership, people!

      --
      Learning HOW to think is more important than learning WHAT to think.
    3. Re:News for Nerds? by Pave+Low · · Score: 0, Troll

      I'm not saying this story is unimportant. I just wonder about the relevance of this to slashdot. And please don't give the slippery slope argument, that it will lead to hackers being persecuted, thats a weak line.

      Stories like these invariably turn into one big circle jerk of "government is evil" replies, "1984" references, in a mess of lame discussion. And don't forget the mods here, where most dissenting opinion get modded down as troll or flamebait (as witnessed by my parent post), as if any disagreeing opinion is unworthy of reading.

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      SIG:Slashdot: indymedia for nerds.
    4. Re:News for Nerds? by Anonymous Coward · · Score: 1, Insightful

      I'm a nerd, and I find this interesting. Find another one, and you have "news for nerds".

    5. Re:News for Nerds? by BitHive · · Score: 1
      You're right, this is about other people--not me. I'll just go back to bed. . . .

      ahhh

      zZgodZzZZblesszZZZamericazZZzZ

    6. Re:News for Nerds? by Anonymous Coward · · Score: 0
      I imagne it wouldn't be a big step to go from phone tapping to packet sniffing, and the DOJ could say you are a suspected terrorist, monitor you, then send your name, address, phone number, penis size, whatever, to the FBI for criminal charges


      Except that information gained from FISA wiretaps is not admissible in court.

    7. Re:News for Nerds? by uncoveror · · Score: 2

      Right wingers accuse all the media of forwarding a leftist agenda. Left wingers accuse all the media of forwarding a right wing agenda. We all call the media fair and balanced only when they agree with our own preconcieved notions. It's a shame how so many resort to name calling like brats on a playground when someone dares to disagree with them. This story was an important piece of news not just for nerds but for everyone. If it doesn't fit into your fantasy view of the world, tough shit. Deal with it.

      --
      The Uncoveror: It's the real news.
    8. Re:News for Nerds? by Anonymous Coward · · Score: 0

      We are holding people without charges and without counsel. There is no court.

    9. Re:News for Nerds? by Oriumpor · · Score: 1

      Right and left really have no meaning anymore. They are two sides of the same fence, a fence made of money. Those appointed to a court who have no worry for job, for political attention, etc. are probably our only hope to keep the money grubbing half-wits in line. Then again, everyone has a price.

  2. Star chambers fighting by espancador · · Score: 2, Insightful

    Hmmmmm....the FBI which holds american citizens without charge, denies them bail or access to a lawyer all based on secret evidence has been slapped on the hand for their tactics by....wait for it....that's right. A SECRET COURT!? Be very afraid......

    1. Re:Star chambers fighting by espancador · · Score: 1

      Had you heard about before this posting?....

    2. Re:Star chambers fighting by chill · · Score: 3, Insightful

      The "secret court" isn't a big deal. Governments deal with classified information. The secret court is the one with the judges that have a security clearance to hear this stuff.

      Be glad we actually have a separate branch of gov't looking over their shoulder.

      Some secrets *ARE* necessary, for the protection of National Security. However, too many politicians confuse "National Security" with "my career" and "protection" with "embarassment".

      --
      Learning HOW to think is more important than learning WHAT to think.
    3. Re:Star chambers fighting by karm13 · · Score: 1

      so it is a known secret court.
      a process is public for a reason.

      --

      --
      making up good sigs is a hard thing to do.
    4. Re:Star chambers fighting by espancador · · Score: 1

      Then why is it a "secret court"? Why don't they just call it a "obvious court"? They meet in secret, have no oversight (congress pays little attention to them), their actions are kept secret (except for yearly tallys of their rulings), and there's no appeal of their rulings. Man that's as secret as any "secret court" in the Soviet Union or Communist China. It sucks!

    5. Re:Star chambers fighting by gilroy · · Score: 2
      Blockquoth the poster:

      Had you heard about before this posting?....

      If you've been paying attention, yes.

      FBI's Behavioral Analysis Program and Secret FISA Cour (2000 Dec 16)

      More WTC News (2001 Sep 13)
      And heck, that's just reading slashdot. Imagine if you followed an actual news site? :)

    6. Re:Star chambers fighting by reallocate · · Score: 2

      FISA has been around since the Nixon administration, and was established to curb abuses at that time. It's been frequently discussd in the press since 9-11. It isn't a Star Chamber and it isn't secret. It meets and adjudicates in secret (for good reason), just like thousands of government and private-sector meetings every day.

      Here's a question: Would you rather see the FBI wiretap anyone at will, without being compelled to get approval first, or rather see them compelled to convince a court that they have cause to do that?

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      -- Slashdot: When Public Access TV Says "No"
    7. Re:Star chambers fighting by GigsVT · · Score: 1

      The Court conducts business in a secret manner

      Amendment VI

      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.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    8. Re:Star chambers fighting by espancador · · Score: 2, Informative

      Straight from the article: "Until now, the workings of the FISA Court have been kept secret. The court, made up of judges designated by the Supreme Court chief justice, deals mostly with secret or top secret information and has never before published any of its rulings." I'm talking about their rulings. The Supreme Court doesn't make secret rulings.

    9. Re:Star chambers fighting by Binestar · · Score: 2

      The person they are attempting to get a wiretap on is *NOT* on trial. It's evidance collection, and there has to be probably cause (Well, unless probable cause is lied about...)

      This is not a violation of the 6th Amendment.

      --
      Do you Gentoo!?
    10. Re:Star chambers fighting by reallocate · · Score: 2

      To the best of my knowledge, FISA is not a trial court. It simply provides a secure means for law enforcement agencies to get legal approval to conduct surveillance in certain cases within the U.S. The "secure" part is critical, because lives, one way or another, are often at risk.

      If someone is charged and brought to trial, it'll be in the press.

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      -- Slashdot: When Public Access TV Says "No"
    11. Re:Star chambers fighting by PainKilleR-CE · · Score: 1

      and this court rarely makes any rulings other than 'yes you can tap his phone' or 'no you cant tap her phone'. The Supreme Court would make secret rulings if the ruling and case details would cause concerns of a breach of security, just like many documents entered into any court that can be covered by personal privacy, trade secrets, or national secrets are not made public.

      You don't go around telling people you're going to tap their phone, and lesser courts that approve wire taps don't do it in open session either.

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      -PainKilleR-[CE]
    12. Re:Star chambers fighting by rickwood · · Score: 1, Flamebait

      If someone is charged and brought to trial, it'll be in the press.

      Why would they bother with a trial when they could just declare you an enemy combatant and hold you without charge until they feel like letting you out?

    13. Re:Star chambers fighting by reallocate · · Score: 2

      The process of declaring someone an enemy combatant is subject to legal review, too. If you believe someone is being held as an enemy combatant without cause, get a lawyer and go to work.

      In my book, if you carry arms against the U.S., you're a combatant and you're an enemy.

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      -- Slashdot: When Public Access TV Says "No"
    14. Re:Star chambers fighting by Anonymous Coward · · Score: 0

      Would you rather see the FBI wiretap anyone at will, without being compelled to get approval first, or rather see them compelled to convince a court that they have cause to do that?

      If you'd bother to read the actual ruling you would find that the FBI has been using FISA to sidestep getting any Court approval for survelliance. Of Americans. In cases where there is no connection with Foreign Intelligence.

    15. Re:Star chambers fighting by welloy · · Score: 1
      Why is this a secret court? because, according to the washingtonpost article, this is the first time in ~20 years that the court has release public documents.

      "The documents released yesterday also provide a rare glimpse into the workings of the almost entirely secret FISA court, composed of a rotating panel of federal judges from around the United States and, until yesterday, had never jointly approved the release of one of its opinions. Ironically, the Justice Department itself had opposed the release."

      that sounds rather secret to me.

      And its true that this court could not operate without secrecy during the hearing, but could, as in this instance, reveal its rulings after the fact. That way the public could know, a bit late, what the FBI etc is up to. This way citizens can see for themselves if this is just a rubber stamp or if it is truly fair or if it is too conservative with issuing warrants.

    16. Re:Star chambers fighting by Art+Tatum · · Score: 1

      You don't understand. The term secret court refers to a court that operates unofficially and whose existence is unknown to anyone not directly involved. Different use of the word "secret".

    17. Re:Star chambers fighting by GigsVT · · Score: 1

      So a person at a protest on a college campus who throws a rock through a window is an enemy combatant? There goes the first amendment.

      Sure, it's not a right to destroy government property, but it's vandalism, not terrorism. Making something out to be more serious than it is is the first step. Next you hear, they will be shutting down all forms of protest because a few of the participants might get out of hand.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    18. Re:Star chambers fighting by neocon · · Score: 1

      Do you have any backing for this FUD? Do you have any reason to believe that any judge in the nation (remember, declaring someone an enemy combatant is subject to judicial review) would consider the situation you describe as meeting the test of the suspect being in violation of the law of war that is required for such a declaration?

    19. Re:Star chambers fighting by espancador · · Score: 1

      Man if people are still looking at this thread you really need to understand what the heck you're talking about. Court TV get a grip! If the FBI or local police etc. feel they have enough evidence to investigate someone for a crime they can go to an ordinary judge at the local or federal level and request a wiretap, surveilence cameras etc. If the judge agrees he/she will authorize the surveilence, wiretap etc. That authorization IS SECRET! Secret until the there is an arrest, indictment etc. The Court TV reference is assinine. You don't need a secret court to issue a court order for surveilence.

    20. Re:Star chambers fighting by welloy · · Score: 1
      You don't understand. The term secret court refers to a court that operates unofficially and whose existence is unknown to anyone not directly involved. Different use of the word "secret".

      Point taken, but we then need to come up with an adjective for a court that does not publish any findings and is generally obscured from public view.

    21. Re:Star chambers fighting by Art+Tatum · · Score: 1

      Yeah. I guess it's kind of like the speech/beer debate. Damn, the English language sucks. The problem is that it's a RISC language--we have a small number of words that each can have many different shades of meaning; then there are CISC languages like Greek--each shade of meaning has its own word.

    22. Re:Star chambers fighting by Tackhead · · Score: 4, Interesting
      > So a person at a protest on a college campus who throws a rock through a window is an enemy combatant? There goes the first amendment.

      "Speech". You keep using that word. I do not think it means what you think it means.

      > Sure, it's not a right to destroy government property, but it's vandalism, not terrorism.

      Destroying government property for no reason at all is vandalism.

      Destroying government property (or most other uses of violence / force by non-uniformed combatants) in order to change policy is the definition of terrorism.

      Granted, a rock's nowhere near as lethal as a bomb, but that's a matter of degree, not a matter of principle - by throwing that rock, you're saying to the drones in the building that if they continue to work for the institution against which you're protesting, they put their personal safety at risk. If throwing rocks through government office windows in order to change policy isn't terrorism, why not step up to Molotovs? Little chunks of lead? Where do you draw the line?

      You have the right to peacably assemble and protest. You have the right to petition Congress for a redress of grievances.

      Where I come from, speech comes in many forms. Sound waves. T-shirts. Handbills. Source code. Executable code. But "igneous", "metamorphic", or "sedimentary" aren't on the list.

      Likewise, "stuffed into a bottle of flammable liquid and lit on fire" doesn't constitute a Constitutionally-protected way to deliver a petition.

    23. Re:Star chambers fighting by Anonymous Coward · · Score: 0


      A concerted effort on potesters part to do such damage is infact terrorism.

      A single invidual stepping over the line is an idiot.

    24. Re:Star chambers fighting by Anonymous Coward · · Score: 0

      hm. you are both correct and incorrect in this statement. the court is known, now. previously the court was not known and forbidden to speak about and if you did manage to speak about it without incurring retribution you would be laughed at because of course such things dont exist, he's just a tinfoil hat sporting lunatic etc etc etc. you should check out back issues of Covert Action Quarterly from the previous decade for information about FIFA and its Star Chamber secrecy. It is only recenly that the existence of the court was widely known outside a very few.

    25. Re:Star chambers fighting by GigsVT · · Score: 1

      I'm not talking about an organized effort to use fear as a tactic to affect change. I'm talking about the inevitable idiot(s) that steps over the line at any peaceful assembly.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    26. Re:Star chambers fighting by number11 · · Score: 2

      " Destroying government property (or most other uses of violence / force by non-uniformed combatants) in order to change policy is the definition of terrorism. "

      Huh? While it is true that some governments would like to see it defined that way, it's a loaded definition if I ever heard one.

      I'd define terrorism as the use of violence, the threat of violence, or other activity designed to create fear (hence the root "terror"), against civilians. (If the targets are military or government and the attackers work for another government, we call it "war"; if the attackers are locals, we call it "revolution".) And why should how the terrorists are dressed make any difference?

    27. Re:Star chambers fighting by KnightNavro · · Score: 1
      It's not the "secret court" aspect of the case that should scare the crap out of you. The nature of the court requires that it be operated out of the public eye.

      What should scare the crap out is that people were lying to the court to get warrents. Combine this episode of perjury with the refusal to obey the court's order to show any evidence that two of the people they held in prison were related to terrorism and we have a very scary situation.

    28. Re:Star chambers fighting by uncoveror · · Score: 2

      Vizzini,does that word mean what you think it means? I do not think it means what you think it means.

      --
      The Uncoveror: It's the real news.
    29. Re:Star chambers fighting by reallocate · · Score: 2

      I read the opinion, and my question still stands. Many posters here seem surprised and outraged that the FBI surveils and wiretaps anyone, much less people believed to be involved in foreign intelligence activities. I'm not at all surprised that Ashcroft's DoJ wants to push FISA to its limits and beyond, but the court has behaved in a responsible and appropriate fashion.

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      -- Slashdot: When Public Access TV Says "No"
    30. Re:Star chambers fighting by reallocate · · Score: 2

      >> "Destroying government property (or most other uses of violence / force by non-uniformed combatants) in order to change policy is the definition of terrorism. "

      Dunno if that's the precise legal definition of terrorism in the U.S., or any other country, but let's just say that odds are actions that meet that definition are illegal.

      "Non-uniformed" is often a shorthand reference to combatants who are not part of any formal military apparatus of a recognized sovereign state.

      --
      -- Slashdot: When Public Access TV Says "No"
    31. Re:Star chambers fighting by Anonymous Coward · · Score: 0

      Yea, I have heard of it. I watched part of the hearings on expanding the powers under FISA on Cspan. What they want is permission to record conversations with ANYBODY the target talks to. In effect, they get to record conversations and corrospondance with countless Americans. How would you like to become the subject of an FBI investigation because a foreign national called you on the phone. According to what I heard in the hearings, that is precicely what they are asking for. And there was very little desent from congress.

    32. Re:Star chambers fighting by reallocate · · Score: 2

      Right. Although U.S. lives would be put at risk if FISA proceedings were public, many people here jump to the ill-founded conclusion that Clinton and/or Bush set up some sort of secret tribunal in order to toss Americans into dungeons without due process.

      Remember, FISA was created in response to abuses of power in the Nixon adminstration. By openly reprimanding the DoJ, the court is doing exactly what it is supposed to do. It has also effectively placed the dispute over the extent of the DoJ's ability to share FISA-derived intelligence data with criminal investigations back to Congress, where it belongs.

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      -- Slashdot: When Public Access TV Says "No"
    33. Re:Star chambers fighting by rickwood · · Score: 1

      Okay, I decided to take the bait...

      The facts in the cases of US Citizens being held as enemy combatants are not clear. We are told they indeed bore arms against US Military personnel, but that fact has not been established using the standard of evidence normally required by US Courts. (And let us not forget that the same groups that are now our "terrorist enemies" were once the "freedom fighters" we established to prosecute a war by proxy versus the USSR in Afghanistan.) If the facts have been established beyond a resonable doubt in a court of law, I haven't heard about it.

      That being said, I can't really disagree with your conclusion on why someone should be declared an enemy combatant except for one thing: We are not at war. War can only be declared by congress, and unless I missed it this was not done. We have procedures for the establishment of a state of war, and these were not followed.

      There are those who say that declarations of war are passe, but I am not one of them. If the goal is "regime change", be it in Afghanistan or Iraq or anyplace else, and our intention is to use military force to cause this to happen we should use our sovreign right to make war on another country and declare war. Using military or para-military force to impose our will on another country without declaring war is, by definition, terrorism.

    34. Re:Star chambers fighting by Prior+Restraint · · Score: 1

      Hardly. English, with a vocabulary of approximately six hundred thousand words, is the largest spoken language, beating the next largest by an order of magnitude. The problem is that people don't take the time (or even have the time, for that matter) to learn most words, so people pick a subset of words they're comfortable with, and overload them all to Hell (the canonical example being "set", with 153 definitions, IIRC).

    35. Re:Star chambers fighting by Anonymous Coward · · Score: 0

      Gotta love it when danheskett calls someone else a sensationalist. As usual you rear your ugly head when the debate is about the definition of words. Who cares what its name is? This court is nothing but an embarrassing attempt to justify wiretapping Americans without probable cause.

      You can argue that the founding fathers got it wrong and we should tack on the end of the fourth amendment the words "except in cases of national security." Until we change the constitution this "secret or not secret or kindof secret or not really secret compared to the ruskies and the red chinese court" is blatantly unconstitutional. Come on and just stand up and proudly proclaim what you really want; amend the constitution.

    36. Re:Star chambers fighting by Anonymous Coward · · Score: 0

      Do you mean ever telling the public about secret wiretaps? Fifty years? One hundred years? One thousand years? I think the silliest idea ever is keeping FBI wiretaps secret for the length of human history.

    37. Re:Star chambers fighting by Anonymous Coward · · Score: 0

      The process of declaring someone an enemy combatant is subject to legal review, too.

      Not according to the Bush administration.

    38. Re:Star chambers fighting by Anonymous Coward · · Score: 0

      It has also effectively placed the dispute over the extent of the DoJ's ability to share FISA-derived intelligence data with criminal investigations back to Congress, where it belongs.

      Congress alone cannot change the constitution.

    39. Re:Star chambers fighting by BrookHarty · · Score: 2

      Sadam loves CNN for that reason. Hey look, Operations Bob is going to occur sometime tomorrow, whats that? Troop movements along the northern border. Thanks CNN.

    40. Re:Star chambers fighting by Wesley+Everest · · Score: 2
      So wait a minute... You're telling me that the Boston Tea-Party was terrorism?

      Here's what I don't like... A bunch of violent thugs kill a bunch of civilians. This is called terrorism -- presumably because the "terrorists" were trying to "terrorize" someone to achieve some political goal. So then, someone makes the case that terrorism is a really bad thing (because just look at all the mutilated bodies), and therefore we need to weaken constitutional protections for accused and proven terrorists. Everyone wants to stomp out terrorism because it's clearly such a bad thing (just look at the mutilated bodies), so they go along with the weakened protections and stricter laws. Ah, now that everyone is on board, we extend the definition of terrorism. It's no longer blowing human bodies to bits for a political goal. It's also damaging or taking control of property. And it's not just that, but it is threatening to do such a thing or conspiring to do such a thing. So now breaking windows is terrorism, spraypainting sidewalks is terrorism, blocking streets is terrorism, sitting on the sidewalk is terrorism, and so on. And, uh, terrorism is no longer bad because of the mutilated bodies and the "terrorizing" of the civilian population, but rather, terrorism is bad because you are breaking a law in hopes of changing policy.

      See, there is a big difference between something being being illegal and something being "terrorism". And if you make the punishment much more severe and limit the accused rights merely because of their political intentions, then you are violating their human rights. If a patriotic republican jaywalks just for the heck of it and they get a $10 ticket, but a dissident jaywalks to join a protest march and gets pepper-sprayed and thrown in jail for a few days in addition to the $10 ticket, something is wrong. Clearly, the $10 ticket is for the jaywalking, while the violent attack and imprisonment is punishment for trying to change government policy.

      And the fact is that illegal protest has been a fundamental part of every positive social change. Yes, it's true, you don't have a right to jaywalk without getting a fine. But you do have the right to be punished for your crimes and not for your ideas.

    41. Re:Star chambers fighting by Anonymous Coward · · Score: 0
      That's a preposterous allegation. CNN would never devote a minute to revealing information that might harm US military actions overseas.

      ...by doing so, it would miss 60 seconds of time to talk about the Gary Condit scandal. Come on Sir, be realistic!

    42. Re:Star chambers fighting by Art+Tatum · · Score: 1
      Yes, I know that there are many unused words that are technically part of the language. I've seen a full set of the OED. :-)

      In effect, however, our language *is* limited in the way you describe.

    43. Re:Star chambers fighting by squiggleslash · · Score: 2
      Destroying government property (or most other uses of violence / force by non-uniformed combatants) in order to change policy is the definition of terrorism.
      No, it isn't. That would make peaceful anti-war protestors who rip up their military IDs and call-up papers terrorists.

      Terrorism is the use of acts of terror to promote a political viewpoint. An act of terror is an act that, deliberately, causes people to be seriously concerned for their safety. Planting bombs in aircraft, or claiming to have done so, and demanding, directly or indirectly, a political or otherwise ideologically-motivated response, is an act of terror, and is terrorism. Poisoning "Mars" bars, or claiming to have done so, is terrorism when done to promote an ideological cause. I mention both of these, because they are both, by common consent, terrorism.

      I think a thug at a protest rally who performs an actual crime of violence or criminal damage deserves to be prosecuted for that act. But to suggest that it's terrorism merely because the thug might have been doing it to promote a political act is just plain wrong.

      --
      You are not alone. This is not normal. None of this is normal.
    44. Re:Star chambers fighting by Anonymous Coward · · Score: 0

      so, the US is catching up with Russia/China and the stazi again, secret taps, neighbours on neighbours, bugged phones and internet, and starchambers. How history will portray this will be interesting, but the constitution is sure looking tarnished.

    45. Re:Star chambers fighting by number11 · · Score: 2

      > "Non-uniformed" is often a shorthand reference to combatants who are not part of any formal military apparatus of a recognized sovereign state.

      Yeah, it's a shorthand way for governments to say "but of course these rules don't apply to us."

      So you're saying 9/11 would not have been terrorism if the perpetrators had been wearing military uniforms? Why should an act that would be "terrorism" if committed by an irregular not also be "terrorism" if committed by a soldier?

  3. For perspective... by chill · · Score: 5, Informative

    More wiretap requets were approved under the Clinton administration (8 years) than under the Reagan and Bush (the first) combined (12 years).

    Reagan's excuse was the War on Communism. Clinton's was the War on Drugs. GW's is going to be the War on Terrorism.

    BTW, we *ARE* talking about wiretaps on U.S. citizens and on U.S. soil. The CIA has jurisdiction for foreign nationals and there is a much less stringent procedure. (i.e. -- insert tape, push "record")

    --
    Learning HOW to think is more important than learning WHAT to think.
    1. Re:For perspective... by gorilla · · Score: 2

      I wonder if you compared year by year, you'd find it's a continuously increasing trend. It wouldn't suprise me.

    2. Re:For perspective... by chill · · Score: 3, Insightful

      Me neither, but not if you go back far enough.

      The number of wiretaps used by J. Edgar Hoover to root out Communists, M.L. King and supporters, Jews and anyone else JEH didn't like was a huge number.

      There were less oversights then, though.

      Still, it wouldn't surprise me if G.W. is going for a record.

      --
      Learning HOW to think is more important than learning WHAT to think.
    3. Re:For perspective... by Anonymous Coward · · Score: 0

      and you've been spying europe for the last decade...

      fucking hypocrits

      you had time to spy on airbus, but you didnt have time to stop BOEINGs from flying into the WTC and pentagon

    4. Re:For perspective... by chill · · Score: 2

      Hypocrits? What are you talking about? We never pretended NOT to spy on everyone else.

      One of the "benefits" of being a citizen.

      We *DID* have one fool President that commented "Gentlement don't read each other's mail." Fortuantely, WWII showed the next President that sometimes it IS a good idea to know what is going on behind your back.

      --
      Learning HOW to think is more important than learning WHAT to think.
    5. Re:For perspective... by legojenn · · Score: 1

      I thought it was Reagan who had the "War on Drugs"TM Didn't Nancy Reagan go on TV often with her "Just Say No!" mantra? At least that's what I remeber from watching TV from New York. ABC, CBS & NBC had the best cartoons, CBC just had educational stuff.

      --
      I make a reasonable middle-class wage by going to work and not spamming blogs with scams.
    6. Re:For perspective... by tomhudson · · Score: 2, Troll
      Why is ths news. "The governmet lied...". Now, it would be news if they didn't...

    7. Re:For perspective... by Smedrick · · Score: 0, Troll

      I say more power to them.

      Honestly, do you really think the FBI is wasting their time listening to slashdotters talk to their grandmas? The wiretaps are taking place for your protection. And you're not giving up any civil liberties, simply because the FBI has no interest in you. They only have interest in people that are doing really bad stuff (as in illegal enough to catch the FBI's attention in the first place).

      Chances are, if they've tapped your wire then you know you've already put yourself at risk to deserve such attention. It's like the whole Carnivore thing...most of the emails are never seen by a human eye besides the sender and receiver. The FBI simply doesn't have any interest in you until you start acting like a fucktard.

      So, yeah...I'm glad there's a "Big Brother" (despite how much I hate that term). We're not just a collection of individuals...we're a society. And this means we have to look out for each other and make sure stupidity doesn't get out of hand in order to function. Faith in your fellow man is good and all, but there's a fine line separating faith and naivete.

      --
      "I strongly urge both the faint of heart and the faint of butt to leave the room at this time."
      - Strong Bad
    8. Re:For perspective... by shaldannon · · Score: 4, Informative

      From what I read of the article it sounded like the concern *was* that "insert tape, push record" evidence was being acquired from NSA/CIA/etc and used in FBI investigations and (later) in court.

      Still, I'm bothered by the ongoing trend I see here. We have cross-pollenation of surveilance info amongst the three-letter-agencies, we have things like Carnivore and Magic Lantern, and we've seen the FBI use its power irresponsibly in the cases of the Branch Davidians and others.

      While I don't necessarily agree with the ideas of those sorts of people that find themselves under government scrutiny (cults (define cult please...), militia groups, etc), I think we've seen plenty enough evidence that certain government agencies, particularly under the Clinton administration, were running out of control. (I am libertarian, so this is not good old fashioned Republican-beats-up-on-Democrat).

      The other thing that bothers me is that we know there is a secret court reviewing this sort of stuff...what is going on that we don't know about and may not be subject to review (besides IRS audits)?

      --


      What is your Slash Rating?
    9. Re:For perspective... by ethereal · · Score: 1
      They only have interest in people that are doing really bad stuff (as in illegal enough to catch the FBI's attention in the first place).

      Right. Like civil rights leaders, maybe? That's pretty bad and illegal, we can't have that kind of stuff going on. I wouldn't quite call Dr. Martin Luther King, Jr. a "fucktard", though, although he was called worse I'm sure :)

      Do you suppose you could just move to some other society where people appreciate fascists a little more, and leave the rest of us with our liberties intact? I'm sure Big Brother would be happy to keep you safe, as long as you put your faith in Him. We'll see whose society really lasts longer.

      --

      Your right to not believe: Americans United for Separation of Church and

    10. Re:For perspective... by Anonymous Coward · · Score: 0

      Nancy "created" the catch phrase "Just Say No".
      Nixon actually was the first to use the phrase "War on Drugs".

      Obvoiusly the other poster has forgotten about Clintons big MTV debate, where possibilities of decriminalization were first mentioned. Soon after, his bother got busted and the proposal was never mentioned again.

      Makes me wonder if the current presidents niece is going to get the full effect of the law for forging perscriptions....

    11. Re:For perspective... by Anonymous Coward · · Score: 0
      We're not just a collection of individuals...we're a society.


      Which is what, precisely, other than a collection of individuals?
    12. Re:For perspective... by Dr_Marvin_Monroe · · Score: 5, Insightful

      Your response falls under the general "you have nothing to worry about if you've done nothing wrong" category. This type of thinking only works until they come for you....

      While it may be true that you and most of the people here on Slashdot are not really interesting enough for the government to spy on, "Big Brother" has a tendency to single out cases not so much by merit, but by image. Our "Lawyer General" John Ashcroft is especially good at rounding up the "usual" suspects and framing everything as a "Terrorist" issue.......with all of Congress's pressure, it won't be too long before P2P users are going to be "Terrorists." What's driving this you ask? Re-election my friend, all of our congress critters are looking for photo-op's and any way to show that they are "tough on crime," that only they could solve the problem of terror/drugs/comunism/boogie-man.

      Have you read the FBI memo? Zackarias M's laptop didn't get searched because the management at the FBI would not pass forward the search request. The management even changed/watered down the request, against the wishes of the field agent who was conducting the investigation! There was no need for new, more invasive laws, those (the managers at the FBI)people simply needed to do their jobs! Do yourself a favor and look up the FBI memo. Read it. What you will see is a picture of an agency that doesn't need more approval to wiretap, but an agency that needs to have all of the "careerists" fired.

      I don't trust these people (Ashcroft, FISA, FBI/CIA) any farther than I can throw them. They are hypocrites. They are only seeking power and control. They are driven by the same motivations that all humans are, and that's exactly why I don't trust them.

      I believe that this "Terror" issue would dissapear around the world if we as the USA simply started practicing what we preach. We push this idea of a "Moral and tolorant society, governed by law and fairness"....we would do better to start acting that way. We need to stop helping dictators around the world, and start promoting justice. Even if that means we don't make quite so much money.

      Picking the "lesser of two evils" is still picking evil!

    13. Re:For perspective... by timeOday · · Score: 2
      IMHO you're way over the line separating faith and naivete.

      The assumption that govt is "good" while people are "bad" is nonsensical and incredibly dangerous. (Hint: the govt is composed of ordinary, fallible people).

    14. Re:For perspective... by Daniel+Dvorkin · · Score: 3, Insightful

      The only thing that scares me more than the ease with which the government tramples on civil liberties in the name of "the War on ___" ...

      ... is how many people there are like you out there who are willing to let them. You get the government you deserve, indeed ... unfortunately, if there are enough of you (apparently, according to the Supreme Court, you don't even have to be a majority) the rest of us get the government you deserve, too.

      The United States government is currently holding American citizens indefinitely, without trial, without attorney, without even informing them of the charges against them. If this doesn't scare the hell out of you, then you have no knowledge of history, at all.

      I particularly like the part where you accuse others of naivete ... [snort]

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    15. Re:For perspective... by chill · · Score: 2

      Several books have reported the standard "trick" of the CIA/NSA listening to a foreign national talking to a U.S. national, then passing the info on to the FBI. This allows the FBI to get around the surveillance laws because they didn't do the tap.

      As far as a "secret" court. Again, the court itself isn't a secret, the material is. The judges need security clearance to review the material. Not everything should be made public on a whim.

      At least the Judicial Branch is exercizing SOME oversight on the Executive Branch -- like they are supposed to.

      --
      Learning HOW to think is more important than learning WHAT to think.
    16. Re:For perspective... by Smedrick · · Score: 1

      Right. Like civil rights leaders, maybe? That's pretty bad and illegal, we can't have that kind of stuff going on.

      Not all "civil rights" leaders are saints. If you start making noise, you should expect some attention. And even if they did keep an eye on MLK Jr., they were doing it for our welfare (btw, they==us...the FBI wasn't created in a lab). But, I'm not saying the FBI was justified in everything they did. We do the best with what we know...hindsight is always 20/20. The system will never be pefect, but it seems to working right now.

      Next you're going to tell me it was the FBI who assasinated MLK Jr. or that the Klan owns Snapple. Just so you know, Armstrong actually did step foot on the moon, not some movie set.

      --
      "I strongly urge both the faint of heart and the faint of butt to leave the room at this time."
      - Strong Bad
    17. Re:For perspective... by Sloppy · · Score: 3, Informative
      The wiretaps are taking place for your protection.
      Most of the time, probably. But not always. There's a reason the Bill O' Rights dudes bothered to put that stuff about due process and unreasonable searches in there. They wanted government to have the power to do the unpleasant jobs that it needs to do, to protect us. But they also knew that much power would attract abuse (because it always does), so there need to be restrictions on how it can be used.

      need to lie to the courts. The courts want the Bad Guys caught, don't they?

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    18. Re:For perspective... by Anonymous Coward · · Score: 0

      No, the FBI did blackmail MLK Jr. to try to get him to kill himself. It is all in the Church report.

    19. Re:For perspective... by Anonymous Coward · · Score: 0

      Cite your resources please. I am unwilling to simply agree that Clinton got more wiretaps than bush and reagan combined.

      Worthless statistic until proven otherwise

    20. Re:For perspective... by Smedrick · · Score: 1

      Ideally, it is:

      A collection of individiuals who work together to promote the well-being of the group.

      Utopian? Perhaps. But following it even to the slightest degree is better than anarchy.

      --
      "I strongly urge both the faint of heart and the faint of butt to leave the room at this time."
      - Strong Bad
    21. Re:For perspective... by mengel · · Score: 1
      Yes, but my suspicion is that fewer wiretaps were actually performed, even though more were approved. That is to say, when someone makes sure you actually get approval for wiretaps before doing them, the approvals go up, and the actual wiretapping goes down.

      After all, the number of wiretaps performed with a warrant approved by a judge doesn't bother me. It's the number of wiretaps performed without a warrant that bothers me.

      --
      - "History shows again and again how nature points out the folly of men" -- Blue Oyster Cult, 'Godzilla'
    22. Re:For perspective... by Smedrick · · Score: 1

      I agree with what you're saying, unfortnately it seems to fall under the general "The government is a bunch of power-hungry hypocrites! We need a change! ...only, I have no idea what a feasible alternative would be."

      If you're going to bitch about the way things are, at least try to come up with a solution (I'm not necessarily directing this at you).

      --
      "I strongly urge both the faint of heart and the faint of butt to leave the room at this time."
      - Strong Bad
    23. Re:For perspective... by Smedrick · · Score: 1

      But assuming the govt is "bad" while the people are "good" is not dangerous?

      Besides, I never intended to come off that way. I'm trying to say that people are fallible and we all have to look out for each other. It seems to be the best way to function as a society.

      --
      "I strongly urge both the faint of heart and the faint of butt to leave the room at this time."
      - Strong Bad
    24. Re:For perspective... by N3WBI3 · · Score: 1
      you had time to spy on airbus, but you didnt have time to stop BOEINGs from flying into the WTC and pentagon

      You half wit, one had nothing to do with the other. If for some reason it was a Airbug going from boston to LA that day it would have been an air bug.

      Another case of 'I hate american becasue im so damn cool'

      --
    25. Re:For perspective... by Smedrick · · Score: 1

      Well yeah, I agree with you. The purpose of my post was to comment on the parent's remark, not necessarily the article. I'm glad they were caught lying.

      Although, when you think about it, the courts aren't necessarily the "Good Guys" either...they're just as fallible as the FBI.

      --
      "I strongly urge both the faint of heart and the faint of butt to leave the room at this time."
      - Strong Bad
    26. Re:For perspective... by BitHive · · Score: 1

      The depressing part is that this is the best we can do, folks. It's what our species has to offer. History shows a long record of governments that were either corrupt, oppressive, stupid, or any combination of the above.

    27. Re:For perspective... by Anonymous Coward · · Score: 0
      From what I read of the article it sounded like the concern *was* that "insert tape, push record" evidence was being acquired from NSA/CIA/etc and used in FBI investigations and (later) in court


      Didn't read the article, but the NPR explanation pointed out that the court's decision was specifically not to make an exemption from the long-standing rules of the FISA court that these wiretaps not be admissible in criminal proceedings. This is, apparently, why the FBI didn't have any wiretaps on Moussaui-they wanted to be able to use anything they got as evidence.

      It really made this sound like a pretty reasonable system-give the spies a little extra leeway, but don't let them use it to get a conviction.

    28. Re:For perspective... by TWR · · Score: 2
      I smell lying with statistics here.

      First question: how many PEOPLE were those wiretaps approved for? After all, a single person often has more than one phone, and every phone line requires another wiretap request. Back in the day (pre AT&T breakup, which quite possibly happened before most slashdotters were alive), getting a new phone line took a hell of a long time. Now, I can get a new land line in a week, and a new cell phone in an hour. Each one would require a new wiretap request. If I know this, so do drug dealers, mafioso, and terrorists.

      Second question: Is the number of PEOPLE getting wiretaps going up RELATIVE TO THE POPULATION of the country? There are something like 20 million more people in the US than there were when Regan started his presidency.

      Once we have normalized the data, we can properly evaluate the hysteria. My guess is that you'll get far different results when you think about what the raw numbers mean, but that doesn't advance the "government bad" agenda of some people, so scare numbers are used instead.

      -jon

      --

      Remember Amalek.

    29. Re:For perspective... by chill · · Score: 2

      Not quite. Multiple phone requests for the same person doesn't usually get through, from what I have heard. The big problem is the more phones you tap, the bigger the chance of getting unintended "non-targets" in the mix -- which results in a big problem.

      The law states that when a judge authorizes a wiretap, they are also supposed to monitor the way in which things are done. This would create a major paperwork problem, and end up with a lot of info thrown out due to "non-target" intercepts.

      BUT, all that is conjecture as I can't find the articles/stats I've seen to back it up. What CAN I document...

      PER CAPITA intercepts

      1988 = 738 wiretap requests (Reagan 2nd term starts)
      1998 = 1,329 wiretap requests (Clinton 2nd term)

      Using your number of 20 Million more people -- only 'cause I'm too lazy to look up the exact figure -- that would be a population increase of about 8-9%.

      A 738 + 9% = 804, which is a FAR CRY from 1,329. That is a 55% increase, if my math is correct.

      Check out this site for a good summary. It also has links to an "authoritative" site -- the U.S. Court System webpage and the officially published stats.

      What you smell isn't B.S. "hysterical" stats, it is the B.S. spread telling you Big Brother is doing this for our own good -- stop questioning the gov't.

      --
      Learning HOW to think is more important than learning WHAT to think.
    30. Re:For perspective... by Anonymous Coward · · Score: 0

      I believe that this "Terror" issue would dissapear around the world if we as the USA simply started practicing what we preach. We push this idea of a "Moral and tolorant society, governed by law and fairness"....we would do better to start acting that way. We need to stop helping dictators around the world, and start promoting justice. Even if that means we don't make quite so much money.

      Are You Out Of Your Flaming Mind?

      Osama Bin Ladin and his troops want you dead. They want your mother and father, your wife and children dead! They don't care about justice! How much justice do you think they give people? This is a man born to privilege who chooses to live in a cave so he can kill people in the name of Allah. (Line from Don Henley: Evil is still evil in anybody's name.)

      No matter how much justice we do, there will always be people who are jealous of what we have. Been that way for a long, long time. You make a good point that people in power, any people, are still just people and subject to the weaknesses of normal human beings. We have to keep them in check. But we also have to give them the power to protect us. Noble ideas without spine will be ground into dust by savages with guns everytime.

      Terrorism will not disappear no matter what the USA does. It's a power struggle. We have it - they want it. The only way they stop attacking us is if they get what we have. If you are willing to surrender the lifestyle we have in this country, just keep on bleating like a sheep.

      Do you have any idea how much money in foreign aid the USA distributes? And how much good will does it buy us? Should we treat people fairly and do the right thing? Yes. Will we get that in return? I'm not betting on it.

    31. Re:For perspective... by Anonymous Coward · · Score: 0

      Zackarias M's laptop didn't get searched because the management at the FBI would not pass forward the search request.

      Probably because the managment knows that FISA authorized warrants do not generate criminally admissible data. So, if FISA had authorized a search of M's computer, and had the FBI found detailed plans for the attack, they could have stopped the attack, but not prosecuted M. Without foreknowledge of a Major Event, they elected to wait until they had grounds for a criminal court search warrant, and got stung.

    32. Re:For perspective... by Tackhead · · Score: 2
      > I wonder if you compared year by year, you'd find it's a continuously increasing trend. It wouldn't suprise me.

      Same here. But I'd be on the lookout for bogus statistic use. The population of the US continues to grow. If 1% of the population is under surveillance, the number of wiretaps will grow.

      There's also a very real factor, of course, which is that the amount of effort required to do a wiretap has decreased.

      That's Moore's Law in action - in the 50s, it meant wires clipped onto wires, and a G-Man with a pair of headphones, writing stuff down in real time, and/or using a big clunky tape recorder.

      Today, it's a hard drive and a few keystrokes in the phone company switching office, and one guy can probably skim through the audio stream ("just ordering a pizza", "whups, phone sex, gotta save that one for after work!", "hey, there's something interesting!") of 4-5 suspects the way you and I flip through a playlist of MP3z.

      Ten years from now, it'll be an AI-holocube and a guy asking the AI-cube "So, did any of my 500 suspects make phone calls to anyone else's suspects today", or "This guy's wanted for downloading MP3z. Over the past three years, cross-reference names of all bands he describes as 'cool', 'l33t', and 'kickass' with CD purchases from credit card records. Print me out a list of all bands he likes but doesn't own CDs of. And why are you denying me access to the phone sex, Holocube? I might need those in an investigation someday! For an AI, you've been a right bastard ever since I tried to keep tabs on my wife from the office. We used to be able to do that, you know!"

      Bottom line - expect the number of wiretaps to increase with the number of suspects an individual officer can keep under surveillance at any given time.

      Given the alternative - hiring hundreds of thousands of officers to do it the Old-Fashioned Way, wasting billions of tax dollars in the process, and the risks that come with the addition of hundreds of thousands of (corruptible, and often corrupt) humans to the system, I'd prefer the all-seeing holocubes that only answer what they're allowed to answer.

    33. Re:For perspective... by Tackhead · · Score: 2, Flamebait
      > The depressing part is that this is the best we can do, folks. It's what our species has to offer. History shows a long record of governments that were either corrupt, oppressive, stupid, or any combination of the above.

      USA: Corrupt. Stupid. But with so much corruption and stupidity, effectively incapable of oppression.

      Communist China: Corrupt. Oppressive. But stupid? Stupid like a fox.

      Nazi Germany: Oppressive. Stupid. And a population so rigidly controlled and brainwashed there was no room for serious corruption.

      Thus, all election day decisions come down to "Corrupt. Oppressive. Stupid. Choose any two."

    34. Re:For perspective... by TWR · · Score: 2
      And I don't buy your figures. Court orders for wire taps on cell phones (and pagers and email) are increasing rapidly:

      Wiretaps on cell phones, pagers, e-mail and other electronic communication devices nearly tripled in 1998 and, for the first time, wiretaps on cellular phones outnumbered wiretaps on conventional phones. (USA Today)

      Pagers might have been common in 1988, but not cell phones. That means you might get 2 wire taps per person. But now, you'd get at least 4, with little fear of "non-targets"; after all, a cell phone and an email address are considered pretty personal items.

      What you're talking about is putting a wire tap on a family member's phone. This is problematic. On a cell phone? Not an issue.

      Until you tell me how many PEOPLE wiretaps were issued for, I'm going to not put any creedance in those numbers. If you do and the figures show some sort of impressive jump, then I'll be worried.

      See, that's called being rational. When people start mumbling about "Big Brother" then I start doubting their rationality.

      -jon

      --

      Remember Amalek.

    35. Re:For perspective... by Glytch · · Score: 2

      Are you blind, or simply illiterate? The parent poster said that the US could become a leader in promoting human rights and democracy instead of propping up banana-republic dictators. That sounds like a pretty damn clear plan to me.

    36. Re:For perspective... by Anonymous Coward · · Score: 0

      Osama bin Laden wants US military forces out of the middle east. Start listening to some non-CNN news reports some time.

    37. Re:For perspective... by TWR · · Score: 2
      So I went to the site you suggested, and it pretty much contradicts what you are saying.

      First of all, the number of wire taps DROPPED from 1350 to 1190 between 1999 and 2000. What happened, did Big Brother give everyone time off for subservient behavior?

      Secondly, despite your claim that there' s a lot of concern about "non-targets", virtally no wire taps were refused between 1996 and 2000 (3; 2 in 1998 and 1 in 1996). Only 23% of the conversations taped were "incriminating" and 196 people were intercepted on the average wire tap. Whose concern are you talking about, exactly?

      Now, as for the number of people who are targets of these wire taps. Well, I can't find an exact number, but there is an interesting table that shows the arrests and convictions that came from the use of wire taps. While the number of wire taps has gone up, more or less, the number of convictions is sorta going up, but not so convincingly. The number of convictions from wire taps have gone (from 1990 to 2000) 1734, 2084, 2234, 2358, 2535, 2910, 2302, 2395, 2721, 1977, 736. The figures are tricky to work with, because as time goes on, you can get more arrests and convictions; for example, one person was arrested in 2000 based on a wire tap in 1990.

      The data also shows a ratio of more than one conviction per wire tap (except in 2000, presumably because many of these cases were still in trial when the statistics were being collected). Now we need to take the above numbers, compare them to the number of overall wiretap, figure in population growth, and we'll get an idea of what's going on with the use of wire tapping.

      You can find this table at http://www.uscourts.gov/wiretap00/table900.pdf and many other wiretaps statistics at http://www.uscourts.gov/wiretap00/contents.html

      Another chart breaks out the types of wiretaps issued. Unfortunately, cell phones aren't broken out from other kinds of phones, but oral and electronic (pager, fax, email) are. There were 71 "combination" wire taps, which means a wire tap that fell into more than one of the three categories.

      And, as a final bit of info, in 2000, of the 1139 wiretaps requested, only 472 were by the feds. So everyone worried about John Ashcroft and the FBI should really be looking at their friendly cop on the beat.

      Amazing things, numbers.

      -jon

      --

      Remember Amalek.

    38. Re:For perspective... by Dr_Marvin_Monroe · · Score: 2

      OK, I'll bite back on all of your replies....

      First, what's more important in this situation....criminal charges against Zacarias M. or stopping the deaths of innocent people? I'd vote with stopping the attack. I'd rather have stopped the attack than have the evidence to put Zacarias M. in prison/death.

      Here's my global take: If we HAD been practicing what we preach, Osama bin Laden would not have gotten arms from the US government while he was fighting the Soviets in Afganastan!...We would not have supported the Taliban during that time, and they would NEVER have had the power they possessed on 9/11. Our tacit approval of their actions makes us an accomplice in terror.

      If we HAD been practicing what we preach, we would not have supported Iraq in it's war with Iran. As was in last weekend's NYT, American military planners KNEW about the gas attacks against Iranian troops during this war. We approved of their use! How can we look the other way during their use against Iranians, then take the moral high ground when they (nerve gasses) are used against the Kurds. American business should have had nothing to do with Saddam and should not have sold him anything! He increased his power through our short-sightedness.

      If we HAD been practicing what we preach, we would not have been trading missiles with Iran either, nor would we have backed dictators in South America and Asia.

      Through our actions, we alienate people around the world and build ill-will towards America. I agree that some of these people are simply jealous of what we have here. We as Americans lead pretty good lives overall. My point is simply that we should be exporting AND demonstrating the values that we pretend to uphold.

      Here's a simple idea, how about we STOP shipping arms around the world? How many times have our own short-sighted interests come back to haunt us? How much money was made from Iraq before they became an "Axis of terror"? You see, when we support Iraq in it's war with Iran, we are building ill will on both sides! Our short term, quarterly profit based war machine has cost us in the long run.

      I'm not by any means saying that I approve of Osama or Saddam, what I am saying though is that we are partly responsible for creating the environment that helps these and other wacko's thrive. Without that environment, Osama would have a harder time recruiting new members and people would be less likely to support his views.

    39. Re:For perspective... by Smedrick · · Score: 1

      Haha, thanks for clearing that up.

      So what are we waiting for? Let's get this plan into action!

      --
      "I strongly urge both the faint of heart and the faint of butt to leave the room at this time."
      - Strong Bad
    40. Re:For perspective... by TWR · · Score: 2
      Amazing things, numbers.

      And for a more amazing thing, the official federal numbers say 1139 wiretaps in 2000, while the watchdog report says 1190, which explains why I have one number at the top of my post and another at the bottom. I think the feds might be right on this one.

      -jon

      --

      Remember Amalek.

    41. Re: For perspective... by Black+Parrot · · Score: 2


      > Reagan's excuse was the War on Communism. Clinton's was the War on Drugs. GW's is going to be the War on Terrorism.

      The problem with democracy is that you eventually get the kind of government the voters deserve.

      With elections coming up in 2-3 months we've already been treated to six months of ads for politicians promising to throw more people in jail. When have you ever seen a politician run on a platform of keeping innocent people out of jail, or of cutting back on the state spying on it's own citizens, which it is supposedly "of the, by the, and for the"?

      --
      Sheesh, evil *and* a jerk. -- Jade
    42. Re:For perspective... by chill · · Score: 2

      I used 1988 - 1998 simply because it was a 10 year span. Yes, I'm aware of a slight decrease in 1999 and a bigger one in 2000. The overall trend is pretty a steep climb when graphed as raw requests.

      What is the ratio of phones/person in 1988 vs 1998? I don't know, but it probably increased substantially with the proliferation of cell phones. However, pagers did decrease and it wouldn't surprise me if it was a similar amount.

      The number of convictions per wiretap SHOULD be > 1, since at LEAST two people are going to be on the phone. In any "organized" crime effort, odds are there is more than 2 people involved. You don't have to actually be on the phone yourself to have an arrest linked to a tap -- simply having your name mentioned would be good enough.

      Yes, most (almost all) wiretaps requested of the courts are approved. I was referring to the internal process of an agent (FBI, police, etc.) going to his boss and saying "tap so-and-so" and the boss saying "do you have probably cause to believe a felony is being committed/planned/etc". Everything isn't fed up the chain. If it gets as far as the Judge, and they err on the side of the good guys, most SHOULD get approved.

      As far as only 472 of 1139 being requested by the Feds. That is a useless statistic. I never claimed only the FBI and Ashcroft needed watching -- anyone with the power to spy on U.S. citizens needs watching. Also, the FBI frequently works WITH local agencies -- who frequently fill out the forms. The FBI is by no means large enough to be everywhere -- nor should they be. We have local/State police for a reason.

      My ultimate point is -- we have three branches of gov't for a reason. Oversight of one by the others is a critical part of our gov'ts design. We do NOT need to loosen the rules for spying on our own citizens. Judicial oversight is NECESSARY to protect the freedoms of Americans.

      Gov't OF the people, BY the people, FOR the people, remember?

      --
      Learning HOW to think is more important than learning WHAT to think.
    43. Re:For perspective... by ratamacue · · Score: 1
      They are driven by the same motivations that all humans are, and that's exactly why I don't trust them.

      You have just described the great paradox of government. It never ceases to amaze me just how many people are willing to blindly trust government to "do the right thing", when in reality, government is just as likely to "do the wrong thing" as any private organization. Government is nothing more than a group of human beings, who operate according to the [perfectly natural] profit incentive just as normal citizens do. Year after year, our government becomes wealthier and more powerful, and the private sector scrambles to get a piece of the coercive pie. This is no coincidence. The goals of government are identical to those of the private sector: profit (wealth) and market dominance.

      The critical difference is that government does not operate by voluntary association. Government officials are not subject to the same set of rules as private citizens. Government does business by force, always and by definition. This, of course, is the precise reason why the founders of the USA, along with our early citizens, held government to the highest level of suspicion.

      Who do you trust more: The man who does business by voluntary association, or the man who does business by legalized coercion? Now that's something to think about.

      libertarian.org

    44. Re:For perspective... by Anonymous Coward · · Score: 0

      > I'd vote with stopping the attack. I'd rather have stopped the attack than have the evidence to put Zacarias M. in prison/death.

      Unfortunately...

      Prevention is most problematic. So, what are YOU going to do in the next hour, or so? You MIGHT commit a terrorist act, no? Well, how are we to know you wont?

      Now apply that line of rational thinking across the whole of a nation. You end up with on sad and sorry place to live.

      We are founded on "Innocent until proven guilty". As inperfect as that may be, there is remarkably strong history behind that choice to live free.

      Yes, 9/11 was sad, and it would have been better had it been prevented. But in a free nation, bad things must happen and the power of law must be strongly weighted to to the side of deterance, than prevention.

      In fact, 9/11 simply wasn't that bad. We kill 2800 people, and more, on the roads in no time. Thousands die everyday from all sorts of things, many of which could have been prevented. It's just that these daily mass-deaths are within our social norm and aren't broadcast on CNN.

      What we need is "an ounce" of prevention, not a pound. Simple, proper, use of metal detectors already in place at the nation's airports would have stopped 9/11 -- cold.

      Now, in response to what was a simple failure to do their jobs, we get to lose so very much more in the way of everyday freedom's -- all in the name of "preventing" terrorism. Why couldn't they just start doing the jobs they should have been doing in the first place?

    45. Re:For perspective... by TWR · · Score: 2
      My ultimate point is -- we have three branches of gov't for a reason. Oversight of one by the others is a critical part of our gov'ts design. We do NOT need to loosen the rules for spying on our own citizens. Judicial oversight is NECESSARY to protect the freedoms of Americans.

      I don't think anyone is arguing about that; I certainly am not. I like the three branches of government, and I like judicial oversight. I just don't think that wiretaps are this awful threat to the rights of Americans and that scare numbers are being used to make it seem like they are. Your implication that anyone who isn't scared by wiretaps is in favor of an opressive government is insulting.

      -jon

      --

      Remember Amalek.

    46. Re:For perspective... by chill · · Score: 2

      My implication is that you should be scared of the potential of abused wiretaps. If you just want to sit back and assume everything is kosher, that everything the gov't does is "good", then by all means, feel insulted.

      Like the President's response on SALT talks "Trust, but verify."

      --
      Learning HOW to think is more important than learning WHAT to think.
    47. Re:For perspective... by HiThere · · Score: 2

      Do you have any idea how much money in foreign aid the USA distributes? And how much good will does it buy us?

      The US distributes an awful lot of "foreign aid". A lot of it is to buy good will from various dictators or other entrenched oppressors. Very little of it gets down to the people who are hungry, no matter what they claim. Still, some does.

      For at least the last 30 years, US foreign aid has been mainly a buy-off to let the US forces operate in their area without official opposition. It's been done for our benefit, not theirs, and the result is that the money goes where the power is concentrated. Those people are giving us a lot of good will. Don't expect that the populace is feeling anywhere near as happy. We are the people subsidizing their oppressors. Doesn't that make you feel all warm and cuddly? Shouldn't they love us for that?

      If you go back aways, say to right after world war II, then the US actually was trying to do good with it's foreign aid, though remember that the Marshall Plan was largely so that US companies would be able to sell into Europe. A howling wilderness is a poor place to find customers, and that is where Europe was headed after the massive destruction, so we helped to rebuild it. And it was beneficial to both sides. After the rise of McCarthy, however, foreign aid became a scheme to enclose communism. During this period it became increasingly a one-sided gift, mainly designed to aid US purposes, with little consideration given to the local effect. This is one of the roots of the VietNam conflict, among others. Also, we extended the Madison doctrine to mean that we had the right to control the foreign policies of all people who lived south of the Canadian border. (Canada, being part of the British Commonwealth, was exempted.) And these decisions were made for our benefit, not theirs. Well, actually they were made in our name for the benefit of whoever was in control of the government, which isn't quite the same thing. Currently the US govt. seems intent on applying the same doctrine to the entire world. Yike! Don't try to convince me that this is to my benefit. Well, they have been trying just that. To finance the war on drugs, the CIA became so entangled in dealing that they became perhaps the major dealer of Cocaine into the US. Some protection! I wonder how they are going to fight terrorism? Can't fight it if it doesn't exist, so you've got to go make some? Back when Russia was invading Afghanistan, was bin Laden a CIA agent, or just an independant contractor? Did he retire? How do you know? Perhaps the whole scheme is just another re-run of their work with the war on drugs. And did all of what they were doing come out in congressional testimony? (Remember how George Bush the elder bacame head of the CIA? Did Casey really have brain cancer? Just before he testified to congress?)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    48. Re:For perspective... by TWR · · Score: 2
      Like the President's response on SALT talks "Trust, but verify."

      OK, fine. How do you plan to verify? The source of the information on government wiretaps is...the government! If they wanted to lie, how are you going to get the real numbers? Trust a whistleblower? How do you know the whistleblower is telling the truth?

      In short, how can you be scared of the potential for abuse, when you are trusting the potential abuser to tell you if he is guilty?

      -jon

      --

      Remember Amalek.

    49. Re:For perspective... by paganizer · · Score: 1

      You know what?
      I firmly believe we are headed into a police state, with Bush and Ashcroft leading the way, that is just as scary as Nazi germany, if not more so.
      And I'm STILL glad I voted for Bush instead of Gore.
      Things could be worse. We could be on the incremental, slow road to tyranny, instead of our current rushing highway.

      --
      Why, yes, I AM a Pagan Libertarian.
    50. Re:For perspective... by Anonymous Coward · · Score: 0

      I think this quote sums it up perfectly:

      "Beware the leader who bangs the drums of war in order to whip the citizenry into a patriotic fervor, for patriotism is indeed a double-edged sword. It both emboldens the blood, just as it narrows the mind. And when the drums of war have reached a fever pitch and the blood boils with hate and the mind has closed, the leader will have no need in seizing the rights of the citizenry. Rather, the citizenry, infused with fear and blinded by patriotism, will offer up all of their rights unto the leader and gladly so. How do I know? For this is what I have done. And I am Caesar."

      -Julius Caesar

    51. Re:For perspective... by Phil-14 · · Score: 1

      Uh, the US never did support the Taliban. The Taliban only came into power after the US had
      cut support for those people we were supporting
      in Afganistan, because the Soviet Union fell.
      Most of those people were in the NA; the
      person most responsible for kicking the Russians
      out, Massoud, had been assasinated by the Taliban
      the weekend before 9/11. The Taliban didn't even
      start seizing power there until much later, around
      94/95 or so, and were mainly backed by Pakistan
      and Saudi Arabia.

      --
      (currently testing something about signatures here)
    52. Re:For perspective... by Anonymous Coward · · Score: 0
      (apparently, according to the Supreme Court, you don't even have to be a majority)

      Umm, no, that would be "according to the Constitution". Please read up a bit - check the part about the Electoral College.

      Err, and moderators: Insightful? This is a pretty basic fact of our government ....

    53. Re:For perspective... by fredistheking · · Score: 0

      Or maybe many people in the US are just too stupid/misinformed to realize the oppression until they are held for months in jail without ever being charged with a crime.

    54. Re:For perspective... by Chris+Burke · · Score: 1

      Actually, the question then is how can you not be scared. :)

      --

      The enemies of Democracy are
    55. Re:For perspective... by chill · · Score: 2

      1. I am scared, or at least wary, that was my point.

      2. Statistics. The more people involved in a conspiracy, the bigger the lie, the more likely it is to unravel.

      "The Government" is OF the people. It isn't an entity unto itself, it is a made up of individuals who each have their own beliefs, concience (most, anyway) and motivations. All of them can't be "in on it" -- it is statistically impossible.

      The government is also, inherently, incompetant. The bureaucracy is so big, it is not possible for it to work efficiently, no matter how well meaning or competant the individuals.

      Somewhere, somewhen, someone will screw up and expose the problems. Sometimes all it takes is a hint and people will start to dig to uncover the truth.

      The press LOVES a scandal -- they'll dig and dig and dig. All they need is a whiff.

      I'll end with another quote: "The price of liberty is eternal vigilance." Just 'cause you can't get all the cockroaches doesn't mean you stop squishing the ones you CAN see.

      --
      Learning HOW to think is more important than learning WHAT to think.
    56. Re:For perspective... by Anonymous Coward · · Score: 0

      Look, if you have any doubts that the FBI and DOJ abused their position during the Clinton years, READ THE COURT'S DECISION. The court complains specifically that the FBI and federal prosecutors lied to them in 1999, 2000, and March 2001. They actually praise Ashcroft for following the rules since mid-2001. But they sharply rebuke Ashcroft's effort to change the rules. (Ashcroft says that the Patriot Act overrides the FISA.)

    57. Re:For perspective... by evilviper · · Score: 2
      we *ARE* talking about wiretaps on U.S. citizens and on U.S. soil. The CIA has jurisdiction for foreign nationals and there is a much less stringent procedure. (i.e. -- insert tape, push "record")


      Well, for quite some time we've had a nice system going with the Brittish, and evidence seems to say we're now doing it with Israel. What we do is have our clandestine organizations spy on their citizens, and they spy on ours. At the end of the day, we exchange notes, and everyone is happy.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    58. Re:For perspective... by Craigj0 · · Score: 1

      Who cares whether or not they are holding "Americans" without trial the simple fact that they are doing it at all shows that the government is hypocritical. It sickens me to think that its bad beacause its happening to an American. Americans need to understand that the rest of the world are just as important.

    59. Re:For perspective... by wfolta · · Score: 1

      we *ARE* talking about wiretaps on U.S. citizens and on U.S. soil.

      To avoid ambiguity here, we're talking about wiretaps on US citizens or on US soil, not and. Mussoui is a French citizen, not US and he's specifically named as an example in the article.

      I'd be more comfortable with the restrictions -- national-security-wise speaking -- if it were an AND. As it stands, it's incredibly restrictive and I wonder if any other country in the world has such restrictions.

    60. Re:For perspective... by chill · · Score: 1

      To the best of my knowledge, the U.S. restrictions are some of the tightest in the world. I know the ones in the U.K. pale in comparison -- their MI5/MI6 services are given MUCH broader powers than the CIA/NSA/FBI are.

      OR is good. The gov't shouldn't be spying on its citizens without oversight, regardless of where they happen to be at the time. Its not that the gov't CAN'T spy on their citizens, they just have to convince a judge that there is cause, first.

      --
      Learning HOW to think is more important than learning WHAT to think.
  4. Why was this modded to "Flamebait" by Anonymous Coward · · Score: 0, Insightful

    He's absolutely correct. Slashdot spends A LOT of time doing nothing but bash Republicans. Slashdot isn't "News for Nerds", it's "Propaganda for Leftists"

    1. Re:Why was this modded to "Flamebait" by MaxVlast · · Score: 0, Offtopic

      Are you kidding? There's enough annoyance to go around. Fritz Hollings is a good old-fashioned Dixiecrat. There are as many right-wing frothers here are there are pinko commie queers. The further in one direction one goes, the more convinced he is that everyone else is on the other side. Look at the breathless claims of a biased media. Remember the impeachment? Remember Marc Rich? Remember Whitewater? Remember what came out of all of that? A tired US public, nothing more, nothing less. The news fanned the flames because the news thirsts for a story. They don't care from what direction it comes, they just care if it sells more ads for Gatorade to the target demographic.

      --
      There should be a moratorium on the use of the apostrophe.
      Max V.
      NeXTMail/MIME Mail welcome
  5. fisa court I bet the administration will BLAME by gn08979 · · Score: 0, Flamebait

    Clinton. No matter what bad thing happens on this administrations watch it will be blammed on Bill Clinton. There is no sense of personal responsability, it's always Clintons fault.

    1. Re:fisa court I bet the administration will BLAME by Anonymous Coward · · Score: 0

      This situation is more like the old "clipper chip" at the beginning of the Lippo administration. A Bush-league policy supported fully by Slick's minions anyway, because it accomplished what both "sides" want -- bigger government and more power for the Demopublican Duopoly that's in the pockets of every corporation that controls America despite the peoples' will! IMO.
      oddsman

    2. Re:fisa court I bet the administration will BLAME by MaxVlast · · Score: 2

      Have you listened to talk radio these days? It's like Bill Clinton's still in office. It's bizarre! They're locked in fatal copulation (picture any number of icky-looking insects that mate and die) with the Clinton administration. They can't move on -- it feels too good and pays too well. And like flies to a porch light, there's little chance they'll get anything out of it other than attracting all of the other flies to their same light.

      Hand-waving fanatics become their own parodies after enough time passes, it's simply incumbent on the informed citizenry to ensure that the damage accrued over the course of that time is not fatal.

      --
      There should be a moratorium on the use of the apostrophe.
      Max V.
      NeXTMail/MIME Mail welcome
    3. Re:fisa court I bet the administration will BLAME by Anonymous Coward · · Score: 0

      And rightly so...

      "The department discovered the misrepresentations and reported them to the FISA court beginning in 2000."

      Not to say that the current administration is not guilty of overreaching their powers, but this clearly extends at least as far back as Clinton.

      Read the article!

    4. Re:fisa court I bet the administration will BLAME by sczimme · · Score: 1

      There is no sense of personal responsability, it's always Clintons fault.

      Does anyone else see the incredible irony in this statement?

      --
      I want to drag this out as long as possible. Bring me my protractor.
    5. Re:fisa court I bet the administration will BLAME by Anonymous Coward · · Score: 0

      if and when we get a nuke from china you can blame bush, others will blame "cliten" (oops), but we will all have to blame ourselves for buying thier crap and giving them our money.

    6. Re:fisa court I bet the administration will BLAME by Art+Tatum · · Score: 1

      I certainly do. But at any rate, administrations always blame their predecessors for everything. Remember Clinton blaming "12 years of Reagan-Bush" for the economic disaster? What happened? Bush(41) dismantled Reagan's economic policies (so there's no point, other than party politics, for connecting Reagan and Bush) and Clinton put them back in place (while screaming the whole time that they were "evil"). Politics is a game that I find disgusting--but it's still a game.

    7. Re:fisa court I bet the administration will BLAME by snarfer · · Score: 1

      Not to say that the current administration is not guilty of overreaching their powers, but this clearly extends at least as far back as Clinton.

      I wonder what you know about the relationship between the FBI and the Clinton Administration? The FBI was practically acting as an arm of the Republican Party in its attempts to "get" Clinton.

    8. Re:fisa court I bet the administration will BLAME by snarfer · · Score: 1

      Bush(41) dismantled Reagan's economic policies (so there's no point, other than party politics, for connecting Reagan and Bush) and Clinton put them back in place (while screaming the whole time that they were "evil").

      What in the world are you talking about? Reagan's policies (like Bush's) were massive tax cuts for the rich, leading to budget deficits, in an attempt to force the government to stop spending money on the citizenry. Clinton RAISED taxes on the rich in 1993, leading to budget surpluses.

    9. Re:fisa court I bet the administration will BLAME by Art+Tatum · · Score: 1
      And what are you talking about? Remember "Read my lips--no new taxes"? Immediately followed by a huge tax increase, of course. And Clinton's policies were far more conservative than Bush's policies.

      And while we're on the topic, what is with the whole tax cuts "for the rich"? Why is everyone always so concerned with the rich? I think it has very little to do with economic differences and a lot to do with cultural differences.

      Where I live, we have rich people and poor people who get along just fine and tend to appreciate each other as human beings. I believe that this is because the rich and the poor here have the same culture. They all like to do the same things, eat the same food, read the same books, and all have similar religious beliefs. There's little or no resentment or mistrust on either side.

      In places like England or certain urban segments of the United States, where the rich and the poor are separated by culture, resentment and hatred are rampant. Seems sad to me. Just a thought.

    10. Re:fisa court I bet the administration will BLAME by Anonymous Coward · · Score: 0
      As an aside..

      I teach a course at a local college. I have outside professionals as guest lecturers. A few years ago I invited some folks from the FBI's white collar crime group. These folks were very overt in their dislike for Clinton. Rather disgusted me - not that I'm a Clinton fan but:

      - Law enforcement should be accountable to elected civilian authority and show some respect for that authority.

      - Getting in front of a public forum as a representative of your employer and trashing the CEO of your organization is poor. Anyone else doing this would expect to face involuntary unemployment the next day.

      Next class, I got some outside guests from a local law enforcement agency that DID show some respect for their elected leadership.

      If this is the way FBI representatives in the local office behaved, it would not surprise me that they were "out to get him" at the national level.

    11. Re:fisa court I bet the administration will BLAME by karmawarrior · · Score: 1
      I think it's basically that rich people have more disposable income, and so are less likely to miss an extra 1% of their income than, say, someone living on minimum wage out of a trailer with three screaming kids to support.

      Cultural differences be damned. I'm happy to pay more taxes (both monetarily and as a percentage of income) than my collegues in the next cubicle who earn less than half my salary (and seem, from what I can see, to have to work a damn sight harder on tedious jobs I'd never in a million years want to do.)

      --
      KMSMA (WWBD?)
    12. Re: fisa court I bet the administration will BLAME by Black+Parrot · · Score: 1


      > > There is no sense of personal responsability, it's always Clintons fault.

      > Does anyone else see the incredible irony in this statement?

      LMAO. Help yourself to a bucket full of virtual mod points.

      --
      Sheesh, evil *and* a jerk. -- Jade
    13. Re: fisa court I bet the administration will BLAME by Black+Parrot · · Score: 2


      > Have you listened to talk radio these days? It's like Bill Clinton's still in office. It's bizarre! They're locked in fatal copulation [...] with the Clinton administration.

      One of the negative ads running in Texas right now says candidate Ron Kirk "supports liberal judges, like Hillary Clinton does", and even flashes a picture of her on the screen. It's funny to see that HC is such a bogeyperson that you can use her to scare voters all the way down in Texas.

      --
      Sheesh, evil *and* a jerk. -- Jade
    14. Re:fisa court I bet the administration will BLAME by Anonymous Coward · · Score: 0

      THEN PONY UP!!!! I am SOOOOO sick of liberal people like you who say "I would be HAPPY to pay more taxes!". Then DO IT! I have YET to see ONE of you people actually DO IT! If all you people who are sooo compassionate did it, would we have this problem? STFU and PUT UP! Write a line on your tax return and mark it "QUILT TAX".

    15. Re:fisa court I bet the administration will BLAME by Anonymous Coward · · Score: 0
      I didn't say I would be happy. I said I am happy.

      No wonder Repugs are always cutting funds for education, basic English comprehension skills would destroy their support base at a stroke.

    16. Re:fisa court I bet the administration will BLAME by geekoid · · Score: 2

      Plus, if you speak against Bush, you're a terrorist.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  6. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  7. Da Motts by realgone · · Score: 4, Informative
    Can anyone find a link to the document the court released yesterday?
    You mean this link on the same page as the Washington Post article? =)

    http://www.washingtonpost.com/wp-srv/onpolitics/tr anscripts/fisa_opinion.pdf

  8. CLINTON administration, not Bush administration!!! by Anonymous Coward · · Score: 1, Informative

    The court rebuked the administration of WILLIAM JEFFERSON BLYTHE CLINTON, not the administration of George W. Bush :
    The court said the FBI admitted in September 2000 to mistakes in 75 wiretap applications, including then-FBI Director Freeh's erroneous statement to judges that the target of a wiretap request wasn't also under criminal investigation.

    The court also noted that in March 2000, information from espionage wiretaps in at least four cases was passed illegally to FBI criminal investigators and U.S. prosecutors in New York. Clearly frustrated, the court said it barred one FBI agent from appearing before it.

    The FBI admitted more recently, in March 2001 [about six weeks after Bush was sworn into office], that it inappropriately shared surveillance information among a squad of agents, the court said.



  9. Re:Stuff that matters by throatmonster · · Score: 1

    Maybe I'm a pinko commie fag too, but I like to know this stuff. It matters to me and I want to know when government officials are falsifying information.

    --
    All pass beyond reach of medicine. None pass beyond the reach of love.
  10. Good sign by DoctorFrog · · Score: 4, Interesting

    This is a good sign that Kotar-Kotelly isn't afraid to take on the current powers that be. Many people, even ones with good track records, have taken up a don't-rock-the-boat attitude since you know when. It's good to see that it hasn't hit K-K. If she's willing to stand up to the PATRIOT-enabled FBI, it bodes well for her honesty in the Microsoft case.

    1. Re:Good sign by GigsVT · · Score: 1

      Her Honour would probably take offense to being referred to as "KK". Try to show a little respect, she appears to deserve it.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    2. Re:Good sign by reallocate · · Score: 2

      Judge Kotar-Kotelly is one of the powers-that-be. The FISA court seems to be doing what it's supposed to do, and playing a little politics in the press by releasing this report. Good for them.

      --
      -- Slashdot: When Public Access TV Says "No"
    3. Re:Good sign by DoctorFrog · · Score: 1
      My entire post was nothing but an expression of respect. Referring to people by their initials isn't all that uncommon, nor is it normally considered an expression of disrespect; quite often the contrary holds true.

      I am certainly not being disrespectful when I refer to RMS, ESR, LL et al. I doubt that any of them would "probably" take offense if I use their initials rather than their full names in a patently respectful comment. Similarly, I also doubt that Judge Kotar-Kotelly is as thin-skinned as all that..

    4. Re:Good sign by renehollan · · Score: 2
      I dunno, I've always gotten the impression that when you refer to someone by three initials, it is more "regal", as it were, than only two (something traditionally reserved for H'wood B-movie directors of the '50s).

      RMS evokes the thought "Richard Matthew Stallman" in a more respectful way, when compared to RS. The psychological effect is subtle, but it is there.

      Perhaps we should refer to Her Honor as J.KK, then (the period indicating an abbreviation of title, as opposed to an initial for a given name).

      --
      You could've hired me.
    5. Re:Good sign by Observer2001 · · Score: 1

      Judge Kotar-Kotelly may have released the opinion, but it was actually written by Judge Royce Lamberth, with six concurring justices.

    6. Re:Good sign by GKChesterton · · Score: 1

      This ruling isn't taking on the "powers that be", its taking on the Clinton Justice Dept. Everything that's been ruled on is from the Clinton years. In fact, Judge Royce Lamberth, who just finished up as the presiding judge of that court praised Ashcroft and his Justice Dept. for cleaning up the mess and reforming the process.

  11. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  12. Slashdot should interview Colleen Kollar-Kotelly. by emil · · Score: 4, Interesting

    This woman seems to wield a lot of power over both individual citizens and major corporations. I would like to know more about her.

  13. "With us or against us" by Anonymous Coward · · Score: 0

    For some reason, I always think of "Cake or death" when I hear that...

  14. Re:Stuff that matters by jasonditz · · Score: 1
    When are government officials falsifying information?


    Pretty much always, aren't they?

  15. Re:CLINTON administration, not Bush administration by MaxVlast · · Score: 3, Insightful

    Louis Freeh was far from a saint. Nothing to do with the administration: it was often pointed out that Freeh paid little heed to the desires of the president or attorney general.

    --
    There should be a moratorium on the use of the apostrophe.
    Max V.
    NeXTMail/MIME Mail welcome
  16. Who gives a rats ass. by NetNinja · · Score: 1, Insightful

    Nobody is going to jail

    Nobody will be held accountable

    It was all done to protect American lives.

    1. Re:Who gives a rats ass. by chill · · Score: 3, Informative

      1. Probably

      2. Probably, though there might be a lot of finger pointing at people no longer in positions of authority. Lots of political bullshit.

      3. Wrong. The majority of the wiretaps approved during the Clinton administration were for the "War on Drugs", not terrorists. And we're not talking "Big Columbian Drug Lord", either. We are talking general U.S. Citizens. The CIA/NSA doesn't need special permission to wiretap non-citizens outside the U.S. -- that is the very DEFINITION of their existence. The FBI deals with U.S. Citizens and U.S. soil, thus the oversight needed.

      --
      Learning HOW to think is more important than learning WHAT to think.
    2. Re:Who gives a rats ass. by Loki_1929 · · Score: 2

      "It was all done to protect American lives."

      Life is less important than liberty. It was less important in 1776, it was less important in 1812, it was less important in 1859, and it is less important now. To hell with the "war on terror" if its cost is Americans' freedom. People in the Soviet Union, people in China, people in North Korea; they're all alive, none free. Live free or die; think about it.

      (I mention the Soviet Union because it was one of the most visible totalitarian states of the recent past.)

      --
      -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
  17. Amazingly enough... by gilroy · · Score: 5, Insightful
    ... this shows that the rule of law is not dead in the United States, despite previous appearances. It's some of the best legal news since 9/11 -- not that the FBI overstepped its bounds (which could be expected) but that a court preemptively slapped them down for it.


    Sometimes I feel that the federal judiciary is the only place that "gets it" about fundamental American rights and legal traditions. Then, of course, I think of Judge Kaplan and I get depressed again.

    1. Re:Amazingly enough... by Anonymous Coward · · Score: 0

      not that the FBI overstepped its bounds (which could be expected) but that a court preemptively slapped them down for it.

      actually the court didn't preemptively slap them down, it was postemptive. i.e. the FBI already overstepped its bounds, and the the court said no.

      courts don't get to do anything preemptively, anyway- that would pretty much destroy the balance of power between the three branches of govt, don't you think?

    2. Re:Amazingly enough... by Anonymous Coward · · Score: 0

      You did read the bit about the court declining *1* request by the government?

    3. Re:Amazingly enough... by Citizen+of+Earth · · Score: 2

      Sometimes I feel that the federal judiciary is the only place that "gets it" about fundamental American rights and legal traditions.

      The politicians find it profitable to alienate the citizens' inalienable rights, but the judiciary is expected to observe a higher standard than merely serving corporate masters.

  18. Re:truth by Conare · · Score: 1

    Agreed. Many pundits* are saying that this is the most secretive administration ever, and this just adds another log on the "What are they hiding?" fire. These antics are exactly what everyone was afraid of when Ashcroft was appointed in the first place.

    *Source: NPR report I heard yesterday.

    --
    Stop Continental Drift! Reunite Gondwanaland!
  19. Non-NYTimes story Links by uncleFester · · Score: 5, Informative

    Found these via Drudge...

    Special Court Rejects Ashcroft Rules and Secret Court Rebuffs Ashcroft (related to the main story).

    And from the second story... "The department discovered the misrepresentations and reported them to the FISA court beginning in 2000.".. which means the improper actions occured before 2000.. i.e. Before Bush. So Bush/Ashcroft are not responsible for those infractions.

    Having said that (and despite being a conservative), I do hope these revalations reign in some of the trampling of civil liberties Ashcroft/Bush are considering. I fully understand their desire to fight terrorism, and I understand some liberties we were used to in the past may be crimped in the process. But eliminated? Virtually removed? A number of their proposals (and some things currently put in place) are simply troubling and I hope this is a wake-up call they cannot simply trample over the Constitution in the name of protecting the public. Freedom is not without its risks, either to those who defend it or the society which enjoys it. We all simply need to be aware of that risk and vigilant in our own way to insure we don't lose our freedom to either the terrorist, the criminal or our own government.

    (and no, I don't get my music via gnutella either)

    -'fester

    --
    -'fester
    1. Re:Non-NYTimes story Links by Col.+Klink+(retired) · · Score: 2
      From the Times article:
      At a forum in April at the University of Texas, Judge Royce C. Lamberth, who recently stepped down as the court's presiding judge, praised Attorney General John Ashcroft and his staff for ending abuses of the system for requesting wiretap authority.
      --

      -- Don't Tase me, bro!

    2. Re:Non-NYTimes story Links by buzzdecafe · · Score: 1
      I understand some liberties we were used to in the past may be crimped in the process.


      What???? It is our liberties that must be *protected*, not "crimped" in the name of "security."


      "They that can give up essential liberty to obtain a little temporary safety
      deserve neither liberty nor safety" --Benjamin Franklin

    3. Re:Non-NYTimes story Links by j3110 · · Score: 5, Insightful

      > before 2000

      What do you smoke? well, maybe you actually missed it, but in that first link, it states that the court was upset with how the FBI acted in about 75 cases occuring in 2000 and 2001, not before 2000. Just because a good guy in the mix pointed it quickly, doesn't mean that all the abuse occured before the investigation began. Why is it that everyone is eager to blame the problem on someone else? The FBI is historically corrupt. That's why people don't like the Patriot ACT. Hoover abused his power as the head of the FBI, and no one trusts them til this day. After this ruling, we now know it's for good reason. They use any means available to them whether it's ammoral, unethical, or even illegal for their own agenda.

      --
      Karma Clown
    4. Re:Non-NYTimes story Links by Anonymous Coward · · Score: 0

      Royce Lamberth is a neo-con nut who would like a Supreme Court gig. Only he could praise Ashcroft as a "champion of justice"

    5. Re:Non-NYTimes story Links by ethereal · · Score: 1

      Presumably it's a safely-draped Justice this time. Can't be championing any nudity, now can we, John? :)

      --

      Your right to not believe: Americans United for Separation of Church and

    6. Re:Non-NYTimes story Links by Anonymous Coward · · Score: 0

      > Why is it that everyone is eager to blame the problem on someone else?

      If you read closer, it says that 74 of the 75 cases occured under the supervision of the Janet Reno's watch, and the last case was involved during that administration.

      It sure looks like people aren't jumping the gun when assigning the blame on this one.

    7. Re:Non-NYTimes story Links by elmegil · · Score: 2

      And instead simply encoding the same ideas that the abuses were accomplishing into law.

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
    8. Re:Non-NYTimes story Links by LordNimon · · Score: 1
      Freedom is not without its risks, either to those who defend it or the society which enjoys it.

      The problem with American society is that the Soccer Moms are never going to believe this.

      --
      And the men who hold high places must be the ones who start
      To mold a new reality... closer to the heart
    9. Re:Non-NYTimes story Links by Observer2001 · · Score: 2, Insightful
      >maybe you actually missed it, but in that first link, it states that the court was upset with how the FBI acted in about 75 cases occuring in 2000 and 2001, not before 2000

      If you actually read the opinion (page 16), you'll find: "In September 2000, the government came forward to confess error in some 75 FISA applications." So, presumably, those 75 errors occurred in 2000 or before.

    10. Re:Non-NYTimes story Links by Anonymous Coward · · Score: 0

      i think secrets in government is a bad idea. secret courts. cia. whatever. i want to know whats going on. obviously if its secret we don't know if they are doing what we want or what is right. this is supposed to be a democracy accountable to the people. and i don't see how that is possible with secrets.

    11. Re:Non-NYTimes story Links by Saltine+Cracker · · Score: 2, Interesting

      The point he's trying to make is that the warrants were obtained while Reno was in the USAG's office, not Ashcroft. The Post article clearly misleads the reader implying that it is Ashcroft and Bush's fault. There is a story on this in the LA Times which clearly states at the end of the article that there the Judge who made the ruling is pleased with the way that Ashcroft has cleaned up the problems that Reno left behind. The only reason this is in the press now, is because we're closing in on the 60 day limit cutting off paid advertising, read: choking out free speach, on broadcast media regarding political candidates under the new campaign finance reform. The liberal, misleading, press is trying to help the liberal, misrepresenting, politicians to get elected in Novemeber. If you haven't figured it out, Reno is running against Bush in Florida...that is why no mention of her or Clinton is made anywhere regarding this issue. The media puts this out now, hoping get the people thinking Bush/Ashcroft bad, Democrats good. Before groups are not aloud to put advertising out for their favored candidate.

    12. Re:Non-NYTimes story Links by Anonymous Coward · · Score: 0

      Royce Lamberth was the principle author of the FISA court's opinion which everyone is so thrilled about.

    13. Re: Non-NYTimes story Links by Black+Parrot · · Score: 2


      > If you haven't figured it out, Reno is running against Bush in Florida...that is why no mention of her or Clinton is made anywhere regarding this issue. The media puts this out now, hoping get the people thinking Bush/Ashcroft bad, Democrats good.

      Hate to bust up a good conspiracy theory, but I saw the story on two different television stations, and they both mentioned it as a Clinton-era issue.

      --
      Sheesh, evil *and* a jerk. -- Jade
    14. Re:Non-NYTimes story Links by Anonymous Coward · · Score: 0
      despite being a conservative), I do hope these revalations reign in some of the trampling of civil liberties Ashcroft/Bush are considering.
      I don't understand why it's a "despite being" a (supporter of Ashcroft/Bush.) There seems to be a right-wing habit of supporting whatever the leaders do regardless of how it appears to contradict human rights and freedom. A case in point, neocon, the self-styled voice-of-neoconservatism on Slashdot (you people need a better representative...) supporting police attacks on non-violent protestors. Does the left take it lying down when Democrat regimes do the same things? Not in my experience they don't. We learnt that lesson during the 30s and 40s where a large group decided to ignore what was really going on, presuming it was just propaganda, and support the Soviet Union with everything from political help to money. It took George Orwell to give the appropriate bitch-slap and force the left, as a movement, to realise that some of the most evil people in the world at that time were performing hideous and reprehensable acts on a scale never before seen from within our ranks.

      We've never completely trusted our leaders since. The left wing protests against Clinton might have been lower, but they happened, and they only were lower in that Clinton was actually pretty good at dealing with a lot of the issues we were concerned about. Protests about Kyoto not going far enough, about slave-labour conditions in the third world, about the dangers of trade treaties that automatically biased large trading groups against smaller ones, against the war on drugs, were commonplace and normal. And any attempt to clamp down on the peaceful expression of political will would have been met with a shitstorm that would have really killed Gore's chances. Hell, we'd have aligned with the freepers if that had happened. I'm angry now seeing the amount of evidence that phone taps increased so dramatically under Clinton's leadership, that wouldn't have gone down well amongst most liberals and left wingers I know had we known it at the time.

      I think every political wing has the responsibility to take care of its own leaders, to ensure that those it puts in front to represent it really represent its own values and isn't another abusive power-maniac. It may be felt that it's the opposition's job to keep a leader in check, but oppositions rarely have that much power. If they had the power, they wouldn't be an opposition.

    15. Re:Non-NYTimes story Links by jthill · · Score: 1
      hoping get the people thinking Bush/Ashcroft bad
      And what part of "No person shall be deprived of life, liberty or property without due process of law" do you think I should wait for them to violate before thinking Bush/Ashcroft bad?

      The anti-druggies (not the inflatable doll's fault) dropped property from that list, and get away with it because they only do it to people they say are drug dealers.

      Now Bush and Ashcroft have dropped liberty from that list, but you don't care because they only do it to people they say are terrorists.

      So we should wait for them to start offing people they say are bad, before we say they're bad? Is that what you're saying?

      Or do you think they're fine upstanding people who blithely violate the oaths we all saw them swear to on national television?

      Or perhaps you don't think at all, period. That's perhaps the kindest way of seeing it. Want a cracker?

      --
      As always, all IMO. Insert "I think" everywhere grammatically possible.
    16. Re:Non-NYTimes story Links by neocon · · Score: 1

      Too bad what actually happened (press secretary felt a neutral-color backdrop would make better pictures than a clutter of statues and pillars) doesn't make as good a joke, but hey, life is like that sometimes.

    17. Re:Non-NYTimes story Links by ethereal · · Score: 1

      If you're running the frickin' Department of Justice, I really can't imagine a better backdrop than a giant statue of Justice.

      Interestingly, yours is about the fourth different explanation of "what really happened" that I've heard, so perhaps the truth is not so black-and-white as even Ashcroft defenders would have it?

      --

      Your right to not believe: Americans United for Separation of Church and

    18. Re:Non-NYTimes story Links by neocon · · Score: 1
      That rather depends. If you look at most photographs taken in that setting, what you see is an unidentifiable hunk of metal in the corner of the shot. The exception to this is, of course, when the photographer thinks he's very clever, as in the NY Times' coverage of Ed Meese's initiative against kiddie-porn, when the NY Times' photo was centered and focused on the breast of the statue, with Mr. Meese below and a little out-of-focus.

      In either case, there's plenty of room for discussion of whether the backdrop was a good idea. The claim that the order to place it there came from Ashcroft, or had to do with the nudity of the statue comes from one Washington Post reporter, who later admitted he had no source for the claim.

  20. Aren't we at all concerned... by program21 · · Score: 3, Insightful

    with the fact that a secret court exists and issues wiretaps authorizations?

    --
    This has been a test. Had this been a real emergency, we would have fled in terror and you would not have been informed.
    1. Re:Aren't we at all concerned... by Anonymous Coward · · Score: 0

      you cant exactly make wiretap info available to the public. it is unfortunate because it allows people like the FBI to do these things.

      but if i were an enterprising individual, id just simply get all of the wiretapping records and sell the service of alerting mobsters that their phone is tapped.

    2. Re:Aren't we at all concerned... by reallocate · · Score: 3, Insightful

      you cant exactly make wiretap info available to the public.

      No, because that would defeat the purpose of the tap.

      it is unfortunate because it allows people like the FBI to do these things.

      Please name another U.S. organization charged with federal law enforcement. Who should we trust? You?

      but if i were an enterprising individual, id just simply get all of the wiretapping records and sell the service of alerting mobsters that their phone is tapped.

      First, you can't get the records. Second, if you did, you'd follow the mobsters into court.

      --
      -- Slashdot: When Public Access TV Says "No"
    3. Re:Aren't we at all concerned... by program21 · · Score: 1

      I understand the need to keep wiretap info to the people who need to know, but there are court cases all the time in which the records are sealed by the court. The FBI, having been involved, already knows what they need and can pass that along to it's agents, while that same information is not accessible to anyone else.

      --
      This has been a test. Had this been a real emergency, we would have fled in terror and you would not have been informed.
    4. Re:Aren't we at all concerned... by Anonymous Coward · · Score: 0
      with the fact that a secret court exists and issues wiretaps authorizations?


      No. If no such court existed, then there would be no restriction on the use of wiretaps. Also, data gained from survellance authorised by this particular court are not admissible as evidence in court. (That's the point of the current opinion)

    5. Re:Aren't we at all concerned... by poot_rootbeer · · Score: 1


      Not really. Wiretaps wouldn't be very effective if the suspect could grep public court records to find out that a wiretap on them was authorized...

      (Can we at least agree that there are circumstances where wiretaps are justified?)

    6. Re:Aren't we at all concerned... by wfolta · · Score: 1

      Umm, you'd rather that they just wiretapped without having to get authorization?

      Think about the example given in the article: a foreign national is arrested on immigration charges and suspicions of terrorism, but the FBI has to get a court order to search his laptop. That's pretty God-bless-American civil liberties in my book.

  21. Re:CLINTON administration, not Bush administration by CrazyDuke · · Score: 2

    In reality, no matter what the label, they are still Poly want a dollar polititions that are crapping on John Q. Public.

    --
    Any sufficiently advanced influence is indistinguishable from control.
  22. The System Works? by jweb · · Score: 5, Insightful

    "We believe the court's action unnecessarily narrowed the Patriot Act and limited our ability to fully utilize the authority Congress gave us," the Justice Department said in a statement.

    So, in other words, Congress (Legislative Branch) attempted to give additional (unconstitutional?) power to the Justice Department (Executive Branch), and this power was taken away by the court (Judicial Branch). Apparently the system, corrupt and ineffective though it may be, actually DOES work sometimes.

    Now, if only we can get the DMCA overturned.....

    --

    Think For Yourself. Question Authority.
    1. Re:The System Works? by runcible · · Score: 1

      "See, the system works, just ask Claus von Bulow" -- Bart Simpson ...couldn't help myself...

      --
      remember the wisdom of Mahatma Gandhi: If enough peasants die horribly, someone will probably notice
    2. Re:The System Works? by Fascist+Christ · · Score: 1

      Now, if only we can get the DMCA overturned
      We just need to keep challenging it in court.

      Question Authority
      Why should I?

      --
      TodayTM BillyJoelTM GoogleTMd for StitchTMes due to WindowsTM while RollerbladeTMing with an AppleTM and a PopsicleTM
    3. Re:The System Works? by reallocate · · Score: 2

      To be more accurate, the ruling says the DoJ's suggested interpretation of the law was incorrect. The court explicitly stated that its ruling was not made on Constitutional grounds. The court, rather unnecessarily, also noted the Congress is free to amend the FISA legislation.

      --
      -- Slashdot: When Public Access TV Says "No"
  23. Problem not specific to this administration by Anonymous Coward · · Score: 0

    From the article:

    "The department discovered the misrepresentations and reported them to the FISA court beginning in 2000."

    The year 2000 happens to fall under the Clinton Administration.

    Of course, you were just trolling and the "truth" matters nothing to a troll.

  24. The Government Lied? by wiredog · · Score: 3, Funny

    No? Really? I am so surprised.

    1. Re:The Government Lied? by abe+ferlman · · Score: 2

      Robert Byrd, Dem Senator from West Virginia, had this to say about Bush's prospective attack on Iraq without a congressional declaration of war, and I paraphrase:

      "Sheep would not be so easily led to the slaughter if they knew to ask 'where are you taking us'... and could get an honest answer."

      Classic.

      --
      microsoftword.mp3 - it doesn't care that they're not words...
    2. Re:The Government Lied? by Art+Tatum · · Score: 1

      And what of Kennedy's war in Vietnam without a declaration of war from Congress?

    3. Re:The Government Lied? by greenrd · · Score: 2
      Oh, didn't you hear, that wasn't a war, that was a "military intervention".

      Those damn commie villagers were getting uppity and needed to be got under control, i.e. blown to bits.

    4. Re:The Government Lied? by geekoid · · Score: 2

      incorrect, some people employed by the governmane lied.
      some other people employed by the government caught the lie, and took action.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  25. check the timeline by Anonymous Coward · · Score: 0, Interesting
    Notice that one of the main examples was of Clinton and Reno crony Louis Freeh - in fact much of this report is based on previous acts from the last decade, most of which was under Dancing Janet Reno's direction. Not that it will stop any of the liberals from screaming about Bush and Ashcroft.

    Please notice the court said that they were opposing the new procedures that Ashcroft wanted, based on the previous errors and lie. It sure would have been nice if the FISA court had acted or spoken up when those lies and errors occured, instead of now. The FISA court specifically opposed allowing the FBI to share intel data with criminal prosecutors without the courts permission. I agree with the FISA court - the idea is that this prevents the FBI from using secretive intel excuses to do snooping they could not do under regular rules, then come back and use it under the regular legal rules. Thus the fact that the FBI lied or mislead in the past is good evidence why they are right.

    However - liberals like the Washington Post will not make any mention that many of the lies they told occured under the Clinton Administration. Don't you wonder exactly what cases they lied about? Probably just a right wing conspiracy anyway - I am sure that the Clinton administration never used the IRS or the FBI for their own political purposes; I am sure they did not illegally use INS databases to solicit votes from illegal aliens in California.

    I am a republican, but I agree completely with the FISA court here. I don't want either party to give the FBI the kind of power they had under that crackhead Hoover. It's just too bad that most knee jerk liberals will blindly go along mumbling about Bush/Ashcroft without realizing the massive abuses that already occured previously under "their guy".

  26. Re:Get some PRIORITIES! by thasmudyan · · Score: 4, Interesting

    ...and you people have the gall to be discussing the FISA court rebuking the FBI and Justice Department???? My *god*, people, GET SOME PRIORITIES!

    While I agree with you that a load of shit is going on around the world (and always has been): it's imperative that you clean things up in your own house, regardless of what the neighborhood looks like. If you want to stand for civil rights and liberties, for justice and equal opportunities and oppose the idea police/military regimes you have to follow your own ideals. Otherwise they are worthless and "The Free World" becomes another meaningless term used for propaganda, political power struggles and disposal of the opposition (as it probably is right now, anyway). If you don't pay attention to our society's very foundation then our course is meaningless. And protection from arbitrary, unchecked wiretap is part of this foundation, we call it privacy. And no, privacy is not for terrorists only.

  27. Shameful by Aknaton · · Score: 2, Informative

    It seems to me that the terrorist have already won, as we (the citizens of the U.S.) are so cowardly that we will give up our freedoms for a bit of safety. And anyone who thought that the government wouldn't eventually abuse its increased powers was naive.

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

      as we (the citizens of the U.S.) are so cowardly that we will give up our freedoms for a bit of safety

      No, it isn't that bad. The cowards are mostly IN government. The Presidunce, congresscritters, and senaturds see terrorists everywhere, whuile joe sixpack quietly cleans his gun and hopes...

      -steve
      thefragfest.com

    2. Re:Shameful by Anonymous Coward · · Score: 0

      I'm not sure if you realize this, but the abuses happened before 2001. You will see this if you read the court opinion.

      However, you are correct that it was a reaction to terrorism. The requests for wiretaps stem from the investigations into the 1998 bombings of US Embassies.

      The court complained in early 2001 about the failure to follow correct authorization procedure. Afterwards the FBI followed the procedure much more closely.

      The FBI claims now that, because they followed the correct procedure, they did not request a warrant for surveillance of Zacharias Moussaoui in August 2001, since this would have breached the wall between federal prosecutors and FBI investigators that the FISA rules protect.

      If the FBI had obtained a warrant and searched Moussaoui's computer, perhaps they could have learned about the planned attacks which occurred on Sept. 11, 2001. This is what the FBI whistleblower who was in the news a few months ago said.

      For this reason, Ashcroft wants to follow a different procedure. He tries to justify this by saying that the relevant portions of the FISA are overruled by the Patriot act.

      The FISA court says no: the abuses of the last several years show that it would be a mistake, and that the Patriot Act does not modify FISA.

      The DoJ has appealled this decision. The appeal will be (or is being) heard by a special FISA appeals court.

      It is a complicated story, but having read most of the opinion and a few newspaper articles, I believe that I have got it largely correct. If you are going to comment on it, please take the trouble to learn the essential details of the matter.

  28. Don't be afraid... by Anonymous Coward · · Score: 0

    Its only the Ministry of Justice. And, there is only one real crime...

  29. Re:Slashdot should interview Colleen Kollar-Kotell by Mournblade · · Score: 1

    Isn't doing interviews what got Judge Jackson removed from the MS case?

  30. OMG..Did anyone else see this ??? by cOdEgUru · · Score: 1, Offtopic

    I saw a Microshaft VisualStudio 60 Day Trial link on the top of the story!!!! Oh! The Horror!!

    I cant imagine how many shrinks would be swamped today by slashdot geeks who wants to "just talk"

    Also I would be leaving early today to witness porky pig flying over Atlanta.

    Then again, I shouldnt be surprised since CNN reported today that Osama Bin Laden got his US Passport today.

    1. Re:OMG..Did anyone else see this ??? by PhilHibbs · · Score: 2

      My brother met Osama Bin Laden in Saudi Arabia - apparently it's a fairly common name over there.

    2. Re:OMG..Did anyone else see this ??? by Pfhreakaz0id · · Score: 2

      Yeah, I mean, no real geek uses Visual Studio right?

  31. Re:Slashdot should interview Colleen Kollar-Kotell by Col.+Klink+(retired) · · Score: 4, Insightful

    Y'know, if Judge Jackson had NOT given interviews, the MS case might have been finalized by now. The appellate courts didn't overturn his Findings of Facts or guilty verdit. They didn't even say that his penalty was inappropriate. They merely said that his penalty *appeared* to be biased, based soley on the fact that he given interviews before the case was over.

    --

    -- Don't Tase me, bro!

  32. Comment removed by account_deleted · · Score: 5, Insightful

    Comment removed based on user account deletion

  33. It's all about TRUST by Hurricane_Bill · · Score: 4, Insightful

    Campaign finance reform, Corporate reform, Patriot act and similar legislation, our involvement in Israel/Palestine conflict...

    It's all about trust. Until issues of trust are resolved, we will never get anywhere. and remember that actions -should- speak louder than words.

    I'm glad that this judge has exposed these actions of the FBI. The next time the FBI says that it's ridiculous that any agent would abuse these broad powers given to them under the Patriot Act, we can just point to this example. The next time the FBI says that these powers are necessary in order to combat terrorism, just point to this example.

    -Sorry, you gotta earn my trust! and you haven't been doing a very good job (referring to this administration). Talk is cheap.

    1. Re:It's all about TRUST by Art+Tatum · · Score: 1
      The next time the FBI says that these powers are necessary in order to combat terrorism, just point to this example.

      Whoa, don't use that one--wiretapping and other forms of espionage very probably is necessary in the prevention of terrorism. Just stick with your first argument.

      Sorry, you gotta earn my trust! and you haven't been doing a very good job (referring to this administration).

      I don't care who's in office: *none* of them have earned my trust. And I seriously doubt that any of them ever will.

    2. Re:It's all about TRUST by dada21 · · Score: 3, Insightful

      You said: Campaign finance reform, Corporate reform, Patriot act and similar legislation, our involvement in Israel/Palestine conflict...

      Gosh, these are all areas where government stuck its nose in it too often, and now the blowback comes to bite us.

      Pretty much why I'm a libertarian...

  34. Gee, the system might work... by pease1 · · Score: 5, Insightful
    I seem to remember slashdot reporting on FISA a few months back and the out cry on /. was that unless procedings were all public, the court was just a rubber stamp for the Justice Dept.

    Guess that hasn't been the case.

    Refreshing.

    1. Re:Gee, the system might work... by BeBoxer · · Score: 4, Insightful

      the out cry on /. was that unless procedings were all public, the court was just a rubber stamp for the Justice Dept.

      The court might be slapping the FBI on the wrist, but there is no reason to believe that it isn't still a rubber stamp. From the article:



      A senior Justice Department official said that the FISA court has not curtailed any investigations that involved misrepresented or erroneous information, nor has any court suppressed evidence in any related criminal case.


      And

      Until the current dispute, the FISA court had approved all but one application sought by the government since the court's inception. Civil libertarians claim that record shows that the court is a rubber stamp for the government; proponents of stronger law enforcement say the record reveals a timid bureaucracy only willing to seek warrants on sure winners.

      But given the fact that the FBI was willing to give false information to FISA in order to obtain warrants, I think we can file the "timid bureaucracy" claim under bullshit.

    2. Re:Gee, the system might work... by Anonymous Coward · · Score: 0

      There are plenty of timid liars out there. Not that I want our FBI to be one...

    3. Re:Gee, the system might work... by wfolta · · Score: 1

      I don't believe that the charge is that the FBI falsified information. Rather that the FBI included information that was false, which can be due to errors as well as malfeasance. Further, the article states that requests have to be renewed 4 times a year, so these "more than 75 cases" could boil down to as few as 10 cases that had original errors two years ago and were routinely resubmitted for reapproval.

      The Moussaui case illustrates the "timid bureaucracy" rather well. They didn't search a non-US-citizen's computer because they didn't get permission, which they didn't seek because they weren't sure it was a slam dunk.

      The bad cases could have easily been mistakes, incompetence, or even cowboy agents who lied to their own bosses in order to get the wiretaps they felt they needed. Could also be massive conspiracies by the ruling elites in conjunction with the Trilateral commission and the Grays, but just remember that there are other less sinister possibilities too.

  35. Re:Slashdot should interview Colleen Kollar-Kotell by MadAhab · · Score: 1

    No, it was commenting on an ongoing case that got his rulings partially overturned.

    --
    Expanding a vast wasteland since 1996.
  36. You Bet I Wonder What She's Doing! by Vortran · · Score: 0, Offtopic

    As I understand it, the "next step" in the case is for the judge to get done thinking about the case, stand up and bitchslap Micro$oft clear into the middle of next year.

    Isn't all the waiting we're doing supposed to be because Judge Colleen needs time to "think about it?" As far as I'm concerned, if she's got time to work for the the FISA, she doesn't need any more time to "think about" the M$ case.

    Let's have a ruling, already!

    I'm sure someone will be happy to point out how very little I understand the legal system.

    Vortran out

    --
    Knowledge is like ignorance.. too much can be just as bad as not enough.
    1. Re:You Bet I Wonder What She's Doing! by PhilHibbs · · Score: 2
      As far as I'm concerned, if she's got time to work for the the FISA, she doesn't need any more time to "think about" the M$ case.
      So you would like the MS case to take precedence over the oversight of the Department of Justice? I think you have your priorities a little messed up!
    2. Re:You Bet I Wonder What She's Doing! by MindStalker · · Score: 1

      A Judge is too important to be working on only one case at a time, but I'm sure time isn't being wasted. Obviously there comes times when her thinking leads to the need for research. This research is surredly done by others working for her and gets read by her which may present furthur needs for research. Sending the research team out again. Also the individual states and microsoft are given time to research their own things and send her any briefs they might find relivent. Sure if eveyone involved with the case spent all day everyday on this case it would be done faster, but sometimes its best to take your time on these matters.

    3. Re:You Bet I Wonder What She's Doing! by Anonymous Coward · · Score: 0

      and if only you had the amazing X10 internet camera, you could see what Judge Kotelly is doing, RIGHT NOW!

      (Slashcode won't let me force a popup, so I'll have to use the honor system. Everyone please click File menu --> new window right now)

  37. so? by Anonymous Coward · · Score: 1

    at least there is a court, instead of inteligence agencies going and doing domestic taps at their own free will. Also, this court has been around pre-9/11 anyway, it's nothing new. Remember how NSA said they needed approval before domestic intelligence? This is what they were referring to. It's nothing new, other than maybe the judge who's operating it.

  38. Now who is going to enforce the courts order? by isolation · · Score: 0

    heh guess what....the court has no power to enforce its findings. Oh wait its the executives job to inforce the law hmmm... I just wonder how the people will feel when GW and boys decided no get rid of the court all together.

    so much for the system of checks and balances.

    --
    Free Unix? Free Windows. http://www.reactos.com
    1. Re:Now who is going to enforce the courts order? by reallocate · · Score: 2

      FISA has the power to enforce its findings by simply rejecting requests for warrants. The DoJ, just like you, has the ability to go to court if they think FISA is misintrepreting the Patriot Act. That's what Ashcroft is doing, in an attempt to allow evidence collected via FISA-style taps to be passed along to criminal investigations. Whether or nor you agree with Ashcroft, the balance of powers remains in effect.

      --
      -- Slashdot: When Public Access TV Says "No"
    2. Re:Now who is going to enforce the courts order? by isolation · · Score: 0

      Right but if the DOJ decides it doesnt like the judges verdict and wants to violate the law, then the only recorse is impeachment in the congress. If the party line of "the war" keeps going then when such abuse happens the odds of getting a impeachment are about 0%.

      Its not like I'm biased about my view on Ashcroft or the Bush DOJ. I'm a right-winger but I that cannot stand by as they disregard the consitution which is already starting.

      --
      Free Unix? Free Windows. http://www.reactos.com
    3. Re:Now who is going to enforce the courts order? by reallocate · · Score: 2

      Indeed. Let's hope the court's readiness for a public airing of its annoyance continues.

      --
      -- Slashdot: When Public Access TV Says "No"
  39. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  40. Comment removed by account_deleted · · Score: 1

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  41. Comment removed by account_deleted · · Score: 2

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  42. The Political Debate is Ragein' by bsDaemon · · Score: 1, Offtopic

    this pretty much sums it all up.

  43. This could save your childrens lives!!! by JohnLi · · Score: 1

    At what point did YRO turn into "Secret Court"??
    And is it realy secret if we all know about it??
    And does the fact that we know about it mean that we are all unknowing participants in this secret "Society"??

    This and more on the Allaldo show.

    --
    The / in /. would be more accurate if it leaned to the left. http://www.metricnut.com
  44. Not surprising by AAAWalrus · · Score: 2, Interesting

    This is hardly surprising, considering the FBI and Justice Department have always seen the ends to justify the means. The Justice Department, FBI, and CIA have always looked for loopholes in the law, pushed the limits of the constitution, and flat out broken the law in attempts to circumvent our right to privacy in order to obtain information about people. They seem to think that they have a right to know anything about any person at any point in time, and that their "right" to know pre-empts people's right to privacy because it's in the best interest of the country.

    If you write an email that suggests something unpopular, or that you have considered (but not taken) a particular course of action, should the government step in as a "preventative measure"? Common sense says no, but is there a case you can think of where the ends justify the means? Case in point:

    If the FBI had sought the right to tap the phones of the suicide bombers 3 days before Sept. 11th, but had no real evidence or reason to do this, could you have condoned it at the time, not knowing that it could have prevented the greatest domestic disaster in our lifetimes?

    Basically, government agencies have tried to prey on the fears of Americans after 9-11 in order to achieve the greater flexibility in domestic espionage that they have always sought. Are they justified? I say no, because I believe that our personal liberties are inalienable. But some people believe that the sacrifice of certain freedoms is preferable to living in fear.

    Thoughts?

    -AAAWalrus

    1. Re: Not surprising by Black+Parrot · · Score: 2


      > Basically, government agencies have tried to prey on the fears of Americans after 9-11 in order to achieve the greater flexibility in domestic espionage that they have always sought. Are they justified? I say no, because I believe that our personal liberties are inalienable. But some people believe that the sacrifice of certain freedoms is preferable to living in fear.

      And the irony is that 9-11 killed about as many people as we lose to motorcycle accidents every year, or to auto accidents every month , but look at how people kick and scream and complain about the loss of trivial freedoms whenever the feds come out with a new highway safety regulation that causes a minor driving inconvenience or raises the price of a new car by a couple of hundred bucks.

      --
      Sheesh, evil *and* a jerk. -- Jade
  45. Introducing the new PENIX Operating System! by Anonymous Coward · · Score: 0

    Horny Dog Software is pleased to announce a "stiff" new competitor in the Open Thighs Software free-and-easy OS area: PENIX!

    PENIX uses all the latest and hottest (ahem) software packages to deliver the most satisfying desktop (or bed-top) experience possible. The XXX Window Manager has been completely rewritten from the ground up, and the new PERL-Necklace 6.0 binaries are included in the install package. Also present is the newest version of the "KY" text editor, and the RAPE (Remotely-Accessed PackagE) System for installing and removing packages.

    Big rock-hard ISOs coming soon to a mirror near YOU!

  46. Reminds me of Nazi Germany pre WWII by Anonymous Coward · · Score: 0

    Oh well you people get who you vote for (unless it was Gore).

    1. Re:Reminds me of Nazi Germany pre WWII by neocon · · Score: 1
      Hmm, yes.

      The administration which brought you Waco, the Ruby Ridge cover-up, and Elian Gonzalez would have been so much better.

      Or not. The government has used secret courts to review wiretap requests based on classified evidence for decades. Why does it only bother you now?

  47. ..for all those that say "no big deal"... by presearch · · Score: 5, Insightful
    from Orwell:
    "By comparison with that existing
    today, all the tyrannies of the past were half-hearted and
    inefficient. The ruling groups were always infected to some
    extent by liberal ideas, and were content to leave loose ends
    everywhere, to regard only the overt act and to be uninterested
    in what their subjects were thinking. Even the Catholic Church
    of the Middle Ages was tolerant by modern standards. Part of
    the reason for this was that in the past no government had the
    power to keep its citizens under constant surveillance. The
    invention of print, however, made it easier to manipulate
    public opinion, and the film and the radio carried the process
    further. With the development of television, and the technical
    advance which made it possible to receive and transmit
    simultaneously on the same instrument, private life came to an
    end. Every citizen, or at least every citizen important enough
    to be worth watching, could be kept for twentyfour hours a day
    under the eyes of the police and in the sound of official
    propaganda, with all other channels of communication closed.
    The possibility of enforcing not only complete obedience to the
    will of the State, but complete uniformity of opinion on all
    subjects, now existed for the first time."


    "All the beliefs, habits, tastes, emotions, mental
    attitudes that characterize our time are really designed to
    sustain the mystique of the Party and prevent the true nature
    of present-day society from being perceived. Physical
    rebellion, or any preliminary move towards rebellion, is at
    present not possible. From the proletarians nothing is to be
    feared. Left to themselves, they will continue from generation
    to generation and from century to century, working, breeding,
    and dying, not only without any impulse to rebel, but without
    the power of grasping that the world could be other than it is.
    They could only become dangerous if the advance of industrial
    technique made it necessary to educate them more highly; but,
    since military and commercial rivalry are no longer important,
    the level of popu lar education is actually declining. What
    opinions the masses hold, or do not hold, is looked on as a
    matter of indifference. They can be granted intellectual
    liberty because they have no intellect. In a Party member, on
    the other hand, not even the smallest deviation of opinion on
    the most unimportant subject can be tolerated."

    1. Re:..for all those that say "no big deal"... by Anonymous Coward · · Score: 0

      Now, why is the gov. forcing everyone to go to digital TV? Could there be something about this that we don't know about?

    2. Re:..for all those that say "no big deal"... by BitHive · · Score: 1
      As long as we're karma whoring, here are some choice passages from 1984:
      In past ages, a war, almost by definition, was something that sooner or later came to an end, usually in unmistakable victory or defeat. In the past, also, war was one of the main instruments by which human societies were kept in touch with physical reality. All rulers in all ages have tried to impose a false view of the world upon their followers, but they could not afford to encourage any illusion that tended to impair military efficiency. So long as defeat meant the loss of independence, or some other result generally held to be undesirable, the precautions against defeat had to be serious. Physical facts could not be ignored. In philosophy, or religion, or ethics, or politics, two and two might make five, but when one was designing a gun or an aeroplane they had to make four. Inefficient nations were always conquered sooner or later, and the struggle for efficiency was inimical to illusions. Moreover, to be efficient it was necessary to be able to learn from the past, which meant having a fairly accurate idea of what had happened in the past. Newspapers and history books were, of course, always coloured and biased, but falsification of the kind that is practised today would have been impossible. War was a sure safeguard of sanity, and so far as the ruling classes were concerned it was probably the most important of all safeguards. While wars could be won or lost, no ruling class could be completely irresponsible.

      But when war becomes literally continuous, it also ceases to be dangerous. When war is continuous there is no such thing as military necessity. Technical progress can cease and the most palpable facts can be denied or disregarded. As we have seen, researches that could be called scientific are still carried out for the purposes of war, but they are essentially a kind of daydreaming, and their failure to show results is not important. Efficiency, even military efficiency, is no longer needed. Nothing is efficient in Oceania except the Thought Police. Since each of the three super-states is unconquerable, each is in effect a separate universe within which almost any perversion of thought can be safely practised. Reality only exerts its pressure through the needs of everyday life -- the need to eat and drink, to get shelter and clothing, to avoid swallowing poison or stepping out of top-storey windows, and the like. Between life and death, and between physical pleasure and physical pain, there is still a distinction, but that is all. Cut off from contact with the outer world, and with the past, the citizen of Oceania is like a man in interstellar space, who has no way of knowing which direction is up and which is down. The rulers of such a state are absolute, as the Pharaohs or the Caesars could not be. They are obliged to prevent their followers from starving to death in numbers large enough to be inconvenient, and they are obliged to remain at the same low level of military technique as their rivals; but once that minimum is achieved, they can twist reality into whatever shape they choose.

      Doublethink means the power of holding two contradictory beliefs in one's mind simultaneously, and accepting both of them. The Party intellectual knows in which direction his memories must be altered; he therefore knows that he is playing tricks with reality; but by the exercise of doublethink he also satisfies himself that reality is not violated. The process has to be conscious, or it would not be carried out with sufficient precision, but it also has to be unconscious, or it would bring with it a feeling of falsity and hence of guilt. Doublethink lies at the very heart of Ingsoc, since the essential act of the Party is to use conscious deception while retaining the firmness of purpose that goes with complete honesty. To tell deliberate lies while genuinely believing in them, to forget any fact that has become inconvenient, and then, when it becomes necessary again, to draw it back from oblivion for just so long as it is needed, to deny the existence of objective reality and all the while to take account of the reality which one denies -- all this is indispensably necessary. Even in using the word doublethink it is necessary to exercise doublethink. For by using the word one admits that one is tampering with reality; by a fresh act of doublethink one erases this knowledge; and so on indefinitely, with the lie always one leap ahead of the truth. Ultimately it is by means of doublethink that the Party has been able -- and may, for all we know, continue to be able for thousands of years -- to arrest the course of history.

      For those of you who haven't yet read 1984 and are too cheap to buy the book, It is here in HTML, PDF, and LaTeX formats.
  48. your .sig by shaldannon · · Score: 1

    Ummmm...

    / == 'slash'
    \ == 'backslash'

    now that we have that part straight, isn't your .sig a bit off?

    --


    What is your Slash Rating?
    1. Re:your .sig by nochops · · Score: 1

      Ummm...I'm no Unix or *nix superstar so I'm probably way off, but wouldn't the whole thing be more accurate if it was reversed, as in: ./ (dot slash)?

      --
      "A terrorist is someone who has a bomb but doesn't have an air force." -William Blum
    2. Re:your .sig by shaldannon · · Score: 2

      I guess it would if it were intended to mean something, but it doesn't

      --


      What is your Slash Rating?
    3. Re:your .sig by nochops · · Score: 2

      hmmm...I didn't know that, thanks.

      --
      "A terrorist is someone who has a bomb but doesn't have an air force." -William Blum
    4. Re:your .sig by JohnLi · · Score: 1

      For those of you who were confused. My signature is a pun, a play on words if you will, regarding this sites general liberal, or left leaning point or points of view.

      That is all.

      --
      The / in /. would be more accurate if it leaned to the left. http://www.metricnut.com
    5. Re:your .sig by shaldannon · · Score: 1

      I see. I'm still a bit unconvinced. If I were to describe the political leanings of the /. editorial board, my perspective would be that they are Jeffersonian rather than liberal or conservative.

      --


      What is your Slash Rating?
    6. Re:your .sig by Anonymous Coward · · Score: 0

      And my perspective is that their political stories are moronic, colored with a tinge of turgid insipidity.

  49. ALL YOUR PHONE CALLS ARE BELONG TO U.S.! by Eric_Cartman_South_P · · Score: 1
    Don't troll me, little one! Making the "us" an "U.S." (as in USA and our stupid laws) makes this a witty little post, no?

  50. Freeh was appointed by Clinton...hence by Anonymous Coward · · Score: 0

    Clinton administration. No one blamed everyone's favorite narcissist, good old buddy Bill - directly.

  51. It's dead when the judicial says "stop" and they by Anonymous Coward · · Score: 1, Insightful

    say "make us".

    Welcome to hell. (aka Republican USofA)

    Fucking idiot people in this country make me sick, although people are fucking stupid everywhere so why should we be different.

  52. Suprime court has questioned the legality by Anonymous Coward · · Score: 0

    In United States v. U.S. District Court, the Supreme Court used a two-part Fourth Amendment reasonableness test. It is doubtful whether the FISA review process satisfies the Court's first measure of the reasonableness of warrantless surveillance -- whether the citizens' interest in privacy and free expression are better served by a warrant requirement.

  53. Can't blame any one administration by TamMan2000 · · Score: 1

    As much as I would love to blame Bush and Ashcroft...

    This is the result of a slow and steady decline of our intelegence comunity since the end of the cold war.

    --
    "I'll have a Guinness, no wait, make that a Coors Light" -Grad student I work with, who shall remain anonymous...
  54. Re:Slashdot should interview Colleen Kollar-Kotell by Rogerborg · · Score: 5, Funny

    She's an Capricorn, a natural blond with a GSOH, and her turns ons include long moonlit walks, back rubs, and putting the fear of god into arrogant, power abusing men.

    --
    If you were blocking sigs, you wouldn't have to read this.
  55. get your FBI file using the FOIA, it's easy by Anonymous Coward · · Score: 0

    It's free and easy. I ordered mine yesterday.
    Just say you request your file under the Freedom
    of Information Act.
    The only cost is that you have to get the request
    notarized. It takes 2-3 months to process.
    I just can't wait to see how much they have,
    and how much is blacked out!

  56. Re:Get some PRIORITIES! by Zathrus · · Score: 2

    Bravo and well said.

    Frankly, I went to read the parent post and honestly felt ill from how short sighted and stupid the AC was.

    The idea of "it doesn't matter, because I didn't do anything wrong" is all very fine and dandy until you find out that trumped up charges are being brought up against someone you care about because they managed to piss off some minor bureaucrat. And that's exactly the kind of thing that happens in totalitarian regimes, and precisely what the Constitution is supposed to protect against.

  57. Re:It's dead when the judicial says "stop" and the by Anonymous Coward · · Score: 0
  58. Re:It's dead when the judicial says "stop" and the by ethereal · · Score: 2, Insightful

    "John Marshall has made his decision. Let him enforce it now if he can." -- President Andrew Jackson, historical precedent and general all-around tough guy.

    --

    Your right to not believe: Americans United for Separation of Church and

  59. Re:Slashdot should interview Colleen Kollar-Kotell by PainKilleR-CE · · Score: 2, Informative

    Y'know, if Judge Jackson had NOT given interviews, the MS case might have been finalized by now. The appellate courts didn't overturn his Findings of Facts or guilty verdit. They didn't even say that his penalty was inappropriate. They merely said that his penalty *appeared* to be biased, based soley on the fact that he given interviews before the case was over.


    Actually, they overturned quite a few of his rulings, but they decided not to throw out the Findings of Fact (which MS asked them to do). They ruled that the DoJ didn't make a strong enough case for several of the 'guilty' verdicts that Jackson handed down, and that the appearance of bias was reason enough to remove him from the case, and they overturned Jackson's Final Judgment. Furthermore, of those portions that were not outright overturned, many portions of the case are 'on remand', meaning that those portions of the case must be reheard before another ruling can be made based on those portions of the case (and as of yet they have not been).

    As for the penalty:
    We vacate the District Court's remedies decree for the additional reason that the court has failed to provide an adequate explanation for the relief it ordered. ...
    The District Court has not explained how its remedies decree would accomplish those objectives. Indeed, the court devoted a mere four paragraphs of its order to explaining its reasons for the remedy.

    Check for yourself (PDF) It's in section V.

    Followed by Section VI. Judicial Misconduct: ... Section 455(a) of the Judicial Code requires judges to recuse themselves when their "impartiality might reasonably be questioned." ...
    All indications are that the District Judge violated each of these ethical precepts by talking about the case with reporters. The violations were deliberate, repeated, egregious, and flagrant.

    (emphasis added)

    I really wish more people would at least get a good first-hand overview of the 125 page document before they try to state what the court did and did not say. They might also understand why the DoJ changed their tune so quickly after the appeal if they looked over the portions of the case that were thrown out or remanded.

    --
    -PainKilleR-[CE]
  60. Ummm by ISPTech · · Score: 1

    "Ever wonder what Colleen Kollar-Kotelly is doing to pass the time while she waits for the next step in the Microsoft case?

    Umm, No I don't think so. No I can say for certain it hasn't crossed my mind.

    --
    This space intentionally left blank.
  61. Colleen Kollar-Kotelly by Loki_1929 · · Score: 2

    If you find out she's the judge in your case, cry. By the way she handles M$ and the DoJ, I'm guessing she wakes up every morning with the same thought on her mind: "Whose ass am I going to kick today?" Excellent work, Colleen!

    --
    -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
  62. having witnessed the FBI in action... by simpl3x · · Score: 1

    you might be surprised to find out that the FBI "often" uses rational reasons for implementing such things as solitary confinement. SURPRISE! definitely be afraid... perhaps citizens should be aware of those rights they are letting go of in the name of security.

  63. btw... by simpl3x · · Score: 1

    thank you colleen kollar-kotelly! judges are the ones that generally make the diffference. an FBI rubber-stamp judge is a frightening abuse of power.

  64. Re:Get some PRIORITIES! by Melantha_Bacchae · · Score: 5, Insightful

    An AC wrote:

    > The worst terrorist attack in recorded history
    > occurred nearly a year ago,

    Worst terrorist attack, yes. But no where near what it could have been. Nearly three thousand died. Many more were wounded. But in a tower complex that could have had up to 50,000 people in it, it is clear that the terrorist attack is only part of the story. The other part is the wisdom, courage and compassion of those who sacrified themselves, those who died in the line of duty, and ordinary people who helped each other. That part worked a shining miracle, saving tens of thousands. Those noble, heroic hearts put those heartless monsters to shame!

    > followed by a Holy War against Islam,

    9/11 had nothing to do with Islam. Since we are talking about the *World* Trade Center, you might keep in mind that good followers of Islam were murdered that day as well. That isn't Allah that Bin Laden is following. I don't care who he thinks his boss is, or how many Islamic poems he mutters. I'm sure Azi Dahaka gets a big kick out of being called "Allah" though. Right up there with "Great Devil that comes from the Sky" and Nostradamus's little nickname "King of Terror".

    > and now Israel and the Palestinians as well as
    > India and Pakistan are teetering on the brink of
    > their own war,

    Which is a really novel experience for them. Not.

    > Argentina is in the midst of a financial crisis,

    Yes, I know. My sympathies. Most of the world is having some kind of economic problems.

    > America is considering launching attacks against
    > Somalia and Iraq,

    I've got a unique idea: how about we take down the Al Quada organization in all 60 countries before we add new enemies to our plate. But no, we must go after Saddam at all costs because he is using the "weapons of mass destruction" we gave him on an ethnic minority inside Iraq (kinda brings back memories of the Old West and those smallpox blankets). If there was honest hope of helping the Kurds, I might be more willing. But somehow I think any real humanitarian assistance is pretty far down on the list.

    > and you people have the gall to be discussing
    > the FISA court rebuking the FBI and Justice
    > Department????

    They need a good rebuking. Ashcroft needs to take the curtain off the statue of Justice and get reaquainted.

    > My *god*, people, GET SOME PRIORITIES!
    >
    > The bodies of the thousands of innocent
    > civilians who died (and will die) in these
    > unprecedented events could give a good god damn
    > about the FISA court rebuking the FBI and
    > Justice Department (and I'm sure if they were
    > still alive, they'd thank the wiretaps that
    > could have saved their lives), your childish
    > Lego models, your nerf toy guns and whining
    > about the lack of a "fun" workplace, your
    > Everquest/Diablo/D&D fixation, the latest Cowboy
    > Bebop rerun, or any of the other ways you are
    > "getting on with your life" (here's a hint:
    > watching Cowboy Bebop in your jammies and eating
    > a bowl of Shreddies is *not* "getting on with
    > your life"). The souls of the victims are
    > watching in horror as you people squander your
    > finite, precious time on this earth playing
    > video games!
    >
    > You people disgust me!

    You disgust me, if your solution is to sit around quaking in terror. I will not dishonor the memory of those people by bowing to the will of their murderers!!! They want us to be terrified. It is the terror, not the deaths, that is the key to the definition of the word "terrorist". Anyone who huddles up in fear, drags the flag around for a security blanket, or uses the terror of 9/11 to further their quest for tyranny is basically inviting the King of Terror to come and put up a throne for himself in Washington D.C.

    The terrorists took the right to Life away from people on 9/11. I will not surrender Liberty and Happiness too.

    "Lola, kindness is not enough, look for the reason of hatred and anger.
    When you find and understand that, love becomes the strongest power..."
    Belabera, "Mothra 3: King Ghidora Attacks"

  65. I have been feeling very bitter of late ... by FreeUser · · Score: 2, Insightful

    I have been feeling very bitter of late, watching the slide of America from democracy to corporate oligarchy and, finally toward corporate faschism.

    So much so that I have been seriously considering emigration, and have been giving a lot of thought to what metric I would use to determine the "drop dead" (ie. okay, no more delays, time to go) moment.

    But this ruling is a rare breath of fresh air, and restores some of my faith in our tattered civil institutions. Not a great deal, mind you, but some. It is freightening to have two of the three branches of governmetn (legislative and executive) willfully and knowingly ignore the constitution in the persuit of their goals (howerver laudable [the eradication of terrorism] or despicable [the introduction of digital prohibition to prop up the media and copyright cartels]), but not nearly as freightening as it would be if all three branches had chosen to shred that venerable document ... something all too many lower courts have seemed to be willing to do in any case regarding the aformentioned media cartels. Like you, I think of Judge Kaplan, or the supreme court's repayment of political debts to The Shrub in the last election, and my moment of optomism fades.

    Nevertheless, this was a courageous and important act. A few more like this and we might actually save and reclaim our democracy. The odds are long, mind you, but the goal well worth persuing anyway.

    --
    The Future of Human Evolution: Autonomy
    1. Re:I have been feeling very bitter of late ... by Jeppe+Salvesen · · Score: 1

      You forget that supreme court justices will be appointed by Bush. Care to jump the pond?

      --

      Stop the brainwash

    2. Re:I have been feeling very bitter of late ... by linzeal · · Score: 1

      Europe seems to be fairing no better. Antartica research station, perhaps?

    3. Re:I have been feeling very bitter of late ... by poot_rootbeer · · Score: 2

      I have been feeling very bitter of late, watching the slide of America from democracy to
      corporate oligarchy and, finally toward corporate faschism.


      I don't think the nature of American government has been changing, just that the amount of ugliness that we're able to see in it has been growing. It's a trend that really took off with Watergate, a whole generation ago, and still continues today.

      The good news is that exposing corruption in malfeasance in government is the first step towards reducing it.

    4. Re:I have been feeling very bitter of late ... by HiThere · · Score: 2

      A possible metric:
      If you don't leave before you are 35, most places won't take you. Check the EU immigration requirements, and think carefully. Check Canada, and think again. Check New Zealand and Austrailia.

      What languages are you fluent in? Check the places where those languages are spoken.

      Once you find the requirement for being allowed in, you will know the limits of leaving. There isn't, currently, a frontier. Most boat people end up dead.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    5. Re:I have been feeling very bitter of late ... by kubrick · · Score: 2

      A possible metric:
      If you don't leave before you are 35, most places won't take you. Check the EU immigration requirements, and think carefully. Check Canada, and think again. Check New Zealand and Austrailia. [sic]


      And just one possible data point -- I'm considering leaving Australia for good over the Government's treatment of immigrants, and the Opposition isn't any better.

      --
      deus does not exist but if he does
  66. That's Right by Art+Tatum · · Score: 1

    Real geeks use ProjectBuilder and InterfaceBuilder. Extra points for doing so on an original NeXT cube.

  67. No surprises here... Dubya is a two-faced liar. by Anonymous Coward · · Score: 0
    Why should anyone be surprised that the whitehouse lied to expand its powers. This is the same administration that tried to create the Office of Strategic Information whose mission in life was to lie to our allies and to the media in an effort to fight terrorism. And people wonder why the world is reluctant to trust the US.

    This is also the same administration that has given you secret military tribunals with little or no constitutional protections for the accused.

    This is the same administration that imprisons individuals in secret for indefinite periods of time with no evidence or charges ever presented.

    This is the same administration that wants to create a roaming death squad that would travel the globe murdering 'enemies' of the US.

    This is the same administration that wants a return to the days of the J. Edgar Hoover's FBI abuses of private citizens and the McCarthy era witch hunts. (Bush's daddy used the FBI to harass groups protesting his central american policies.)

    Bush is quite good at wrapping himself in the flag and preaching the virtues of freedom, but the fact is he is the biggest threat to freedom and to the security of this country that has come along in our the 236 year history. His lies, double dealing, and school-yard-bully mentality is alienating even our most supportive allies and generating plenty of reasons why someone would want to launch a terrorist attack against the US.

    The sooner we're get him out of office, the safer we'll be.

    1. Re:No surprises here... Dubya is a two-faced liar. by Hank+Reardon · · Score: 1
      Why should anyone be surprised that the whitehouse lied to expand its powers.

      I'm not supprised, but that's because it's not the administration you're accusing. More on that in a moment.

      This is the same administration that tried to create the Office of Strategic Information whose mission in life was to lie to our allies and to the media in an effort to fight terrorism.

      I see... Our allies like Saudi Arabi and Egypt? Those same allies who send us news reports specifically tailored to show them in a good light while simultaneously decrying America as a cespool of evil in their own government-sponsored press?

      An enemy who can pose as an ally can do far more damage than one who is vocally opposed.

      And people wonder why the world is reluctant to trust the US.

      Actually, I don't wonder; the reasons are redily apparent if you look hard enough. We're the richest country in the world and those with less tend to be distrustful of those with more. One just has to look at the growin Have vs. Have-nots in American society to see this interaction at work.

      Nevermind that a large majority of Those Who Have worked their collective asses off to get where they are, and work even harder to stay where they are. But that's another discussion, irrelevant to the discussion at hand.

      This is also the same administration that has given you secret military tribunals with little or no constitutional protections for the accused.

      How, exactly, should we extend our Constitution to include those outside of our borders? It's the Constitution of the United States of America, not the Constitution of Whoever Happens To Want To Use It.

      We were at war in Afghanastan (sorry for the spelling), and rules and trials of war are completely different than those applied to American citizens.

      Yes, John Walker is an American citizen. Notice the different direction the case moved once the Judicial branch came to an agreement on his legal status. He was an enemy combatant, as the detainees in Cuba are, but he's also a citizen. This moves him from war tribunals into Federal court for treasonous actions.

      This is the same administration that imprisons individuals in secret for indefinite periods of time with no evidence or charges ever presented.

      Not sure to whom you're referring here. People who were taken into custody shortly after September 11th, I'm assuming.

      Yep, that overstepped the bounds set forth by our Constitution. This is a legitimate complaint.

      Do you actually believe that "Dubya" walked into the FBI offices and said, "Hey, let's arrest a whole bunch 'a people and not tell them why?"

      This is the same administration that wants to create a roaming death squad that would travel the globe murdering 'enemies' of the US.

      Pardon me? "Roaming death squads"? Where did this come from?

      This is the same administration that wants a return to the days of the J. Edgar Hoover's FBI abuses of private citizens and the McCarthy era witch hunts. (Bush's daddy used the FBI to harass groups protesting his central american policies.)

      I see. Somebody proposes something you don't agree with and, immediately, it's "a return to the days of J. Edgar Hoover" and "McCarthy era witch hunts." Easiest way to spot a shaky foundation is the level of insults hurled instead of valid points.

      Bush is quite good at wrapping himself in the flag and preaching the virtues of freedom, but the fact is he is the biggest threat to freedom and to the security of this country that has come along in our the 236 year history. His lies, double dealing, and school-yard-bully mentality is alienating even our most supportive allies and generating plenty of reasons why someone would want to launch a terrorist attack against the US.

      Valid examples please? Or is this just another "terrorists are people, too" argument?

      The sooner we're get him out of office, the safer we'll be.

      And you'd probably like Clinton back? Remember, he's the one who was handed the keys to grabbing Osama bin Laden in the late nineties and responded "We don't have any reason to arrest him." This was, of course, after bin Laden's initial bombing of the World Trade Centers; it was known shortly after the attack his organization was responsible.

      As to why it doesn't suprise me that the administration was doing this? The dates that all 75(!) of the abuses were filed were within the reign of the Clinton administration. The latest one was sometime in 2000. Bush didn't take office until 2001 and would have absolutely no way to affect policy before his swearing in.

      The real suprise here isn't that the Justice Department was abusing it's powers, nor the fact that it was the Clinton administration that actually was the problem.

      The secondary suprise is that a newspaper can look at a set of facts and point to the opposite direction. In this case, I suggest you read the Los Angeles Times article (free registration and all that); it's close to the same sort of "Bush is bad" article, but it does disclose in the last paragraph that the violations happened before Bush's watch and Ashcroft was actually praised for doing something about it shortly after taking office.

      The real suprise, however, comes in realizing that the same person who so fanatically distrusts the current administration would so blindly trust a media outlet.

      --
      There's so little difference between politics and jihad lately...
  68. You miss the point. by intermodal · · Score: 1

    no matter how many times i hear arguements like this, the point is always missed. I'm gonna use an analogy here, so don't read the first sentence and think i'm offtopic. Near where I work, there's a freeway interchange being built. The thing will take 5 or more years. If it takes five or more years to build an interchange, how much longer will it take to build and debug a governmental unit? FISA is not strictly a president thing, in the same way that it's difficult to tell how a president did economically until after their first term ends, regardless of whether they are the one in office at the time or not.

    Regardless of this detail, the homeland security crap going on is the fault (yes, it is sheer folly to think that it's gonna work) of the media and the Federal Government in tandem. Our present government is reactionary due to the media forcing them to react to situations after the fact rather than while they occur or before. It becomes so bogged down trying to get media coverage of "we're doing something about it" that nothing gets done save for whatever it takes to get enough positive media coverage to get reelected by showing that you're fixing the problems after the fact (or making people think things are fixed which they're usually just slapped together with spit and bailing wire, accomplishing nothign more than a PR department's dream and a totalian's wet dream). This however is different. Checks and balances show that they're working and the media tries to beat the crap out of them for it.

    C'mon, people. This shows that things are working somewhat. Don't take infringements on your rights to mean more security.

    To quote Thomas Jefferson: "Those who desire to give up freedom in order to gain security will not have, nor do they deserve, either one."

    --
    In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
  69. BZZT by Anonymous Coward · · Score: 0

    Theoretically the CIA has no domestic jurisdiction, regardless of the citizenship of the suspect. The FBI is responsible for domestic counterintelligence.

  70. So she's pissed at the DoJ ... by drew_kime · · Score: 2

    ... and she's deciding whether or not to accept the DoJ's capitulation in the case against Microsoft. And Microsoft has gone on the record several times claiming that judges have no power over them. (I hear this tends to piss off judges.) Why am I starting to smile?

    --
    Nope, no sig
  71. Terrorism: Woopty-fucking-do by FreeUser · · Score: 3, Interesting

    While I agree with you that a load of shit is going on around the world (and always has been): it's imperative that you clean things up in your own house, regardless of what the neighborhood looks like.

    Very well said.

    It should be pointed out that the 3,000 deaths in New York, while tragic, are hardly a blip in the population.

    We have had more than 50,000 people die in car accidents since then. All horribly mutilated, some burned beyond recognition, others decapitated, some crushed within the tin can that became their automobile, some crushed beneath the wheels of an oncoming car, and so on and so forth, ad nauseum. In short, each death was horrible, left behind it a wake of trajedy and grieving, and each represents a life that ended much sooner that it should have.

    Yet we live with this stark reality every year, and few if any of us fear to climb into an automobile and drive to work.

    The terrorists can scare us, can knock down a couple of buildings (as can a 5.0 richter earth quake, a big forest fire, or a wopping hurricane, and we get a lot more of those than we do terrorist attacks), but they cannot do us any real, significant harm!

    Even the economic damage the fear they create is minimal. The markets had recovered virtually all of their 9/11 losses and the economy was on the upswing, until Enron, WorldCom, and a whole slew of other corrupt American executives and CEOs were caught with their hands in the life savings of the middle class, pilfering the nation's wealth for their own miserly gains. In the wake of such criminal behavior the markets and the economy tanked as every thinking person recognized and chose to avoid further opportunity for the wealthy to defraud them, and as a result of this behavior, and our governments neglect in regulating and preventing it, the economy now shows no signs of recovering, an unpleasant event that is entirely self-inflicted by greedy, rich CEOs and executives whose ethics died shortly after the umbelical was cut, and the tame politicians they've had in their pockets for the last twenty years. Such subhuman filth, who represent the highest, most priveleged economic class in America, are responsible for most of our economic troubles and hardships, not Osama and his flea-ridden, filthy followers.

    Indeed, the terrorists, in contrast to our own corrupt officials, aren't even relevant.

    That doesn't mean we shouldn't go around the world eradicating them and their followers wherever we find them, nor does it mean bin Laden's head wouldn't look good on a pike.

    It does mean we shouldn't allow Aschcroft and his cronies to ride roughshod over the constitution, and that we shouldn't allow Bush Junior to use the country's military and spend our strength fighting Daddy's unfinished, and unrelated, battles a la Iraq.

    Frankly, if the choice I'm given is between freedom with a 3,000 death/year terrorist pricetag, and an Orwellian society that maybe, perhaps, reduces that number to a few hundred, or even to zero, I'll take the three thousand deaths per year and keep my freedom thankyou very much. My car is far more likely to kill me than some towel-head Saudi fanatic hiding out with his donkey in some dirty cave in Afghanistan or Pakistan, and I'm not about to stop driving because of it.

    --
    The Future of Human Evolution: Autonomy
    1. Re:Terrorism: Woopty-fucking-do by Hektor_Troy · · Score: 2

      Uhm ... like ... wow!

      I don't think I could have said it better myself, and that's my only complaint with your comment.

      Bastard! :-)

      --
      We do not live in the 21st century. We live in the 20 second century.
  72. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  73. McCarthy = Ashcroft???? by tiedyejeremy · · Score: 2, Insightful

    This is ALL about YRO. Today, it may be wiretapping, but I assure you, they are tapping other stuff. It is only a matter of time before the new McCarthyists are reading and listening to EVERYTHING we do.

    --
    Anything you say will be held against you. ... "tits"
  74. Stop with the bloody NYT references already!!! by swordgeek · · Score: 2, Funny

    OK, this is way offtopic, I'll admit.

    There has been a lot of discussion about refering to the New York Times for articles (due to the required registration), and the usual response is that the stories aren't available elsewhere.

    Now we have a story that is submitted coming from the WP, and Michael has to throw in an entirely gratuitous link to th NYT again. Time to stop refering to those twits!

    Come to think of it, my opinion of Michael goes down every time he adds something to a story, so much so that he's down to about 4JK[1] now. Time to start focusing on delivering the stories without the added commentary, Michael!

    Bah. End of rant. Thanks for reading.

    [1] The JK scale is a measure of an editor's relative worth vs. Jon Katz. All unknown editors start at 10JK (ten times as relevant, readable, and rational as J.K. himself) and move up or down, depending on performance. Once an editor drops below 2JK, he or she gets ignored.

    --

    "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
  75. Start a union, get wiretapped by Anonymous Coward · · Score: 0

    My uncle worked at the Geological Survey. I don't know the details, but the state declared the building seismically unsafe, the feds thumbed their nose at the state, the workers started a union. About the same time, LBJ started a "voluntary" $100 a month war bond for fed workers (1965? start of the Vietnam buildup). This was a huge amount back then, maybe $500 equivalent now. My uncle and some others got a local news report on it, which spread to the national network, and LBJ had to back down.

    Somewhere in there, his phone was wiretapped (he heard lots of funny noises, clicks, voices) and the FBI nosed around his neighbors, friends, relatives, and co-workers.

    For not wanting to work in a dangerous building, for starting a union, for not wanting to pay a $100/month tax. Nice reasons.

  76. Citing... by chill · · Score: 3, Informative

    Okay.

    The source for current information is the U.S. Courts website on wiretaps. This covers 1997-2001. Archival information (pre-1997) is available through the U.S. Gov't Printing Office.

    What the FBI is allowed to do is summarized on the FBi Website FAQ. I quote the relavant question:

    Q. Are FBI Special Agents permitted to install wiretaps at their own discretion?

    A. No. Wiretapping is one of the FBI's most sensitive techniques and is strictly controlled by federal statutes. It is used infrequently and then only to combat the most serious crimes and terrorism. Title 18, United States Code, Section 2516, contains the protocol requiring all law enforcement officers to establish probable cause that the wiretaps may provide evidence of a felony violation of federal law. After determining if a sufficient showing of probable cause has been made, impartial federal judges approve or disapprove wiretaps. The approving judge then must continue to monitor how the wiretap is being conducted. Wiretapping without meeting these stringent requirements and obtaining the necessary court orders is a serious felony under the law.

    Finally, this site is a good jumping off point for further information on wiretaps and Judicial oversight.

    --
    Learning HOW to think is more important than learning WHAT to think.
  77. I guess I can accuse myself of being naive... by Smedrick · · Score: 1

    So let me get this straight, the definition of "Troll" is now "anyone who shares a view opposed by the majority"?

    Maybe I was wrong...maybe those in power really are just out to destroy free speech for their own benefit. Thank you, moderators...you've shown me the light.

    --
    "I strongly urge both the faint of heart and the faint of butt to leave the room at this time."
    - Strong Bad
    1. Re:I guess I can accuse myself of being naive... by Daniel+Dvorkin · · Score: 2

      When Slashdot moderators have the power to drag you away from your home in the middle of the night and hold you incommunicado in an offshore prison, you can start whining.

      You're right, though, in one respect: you weren't trolling. That's why we really need a new moderation category -- "-1, Ignorant."

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    2. Re:I guess I can accuse myself of being naive... by Smedrick · · Score: 1

      Might as well throw in a (-1, Close-minded) while you're at it...although, the mods would probably confuse it with (+1, Insightful)

      Sure, it's easy for you to accuse people of ignorance when you spit out the mindless drivel everyone likes to hear. Being able to recognize that the world isn't strictly black and white, right and wrong, good and evil is not ignorance. (Just as mimicking popular opinion is not insight.) Like it or not, our government is made up of the very citizens it governs. And you can cry all you want about how Evil the government is, but that's not going to change human nature. People are innately greedy and selfish, while at the same time loving and giving. I can garuntee you that there are just as many honest, well-intentioned government officials as there are currupt ones (as well as every level in-between).

      I defend the system because I honestly believe that it works despite the flaws. Now, give me a valid alternative and I'll listen...but so far, all I've heard is whining.

      --
      "I strongly urge both the faint of heart and the faint of butt to leave the room at this time."
      - Strong Bad
    3. Re:I guess I can accuse myself of being naive... by Daniel+Dvorkin · · Score: 2

      I believe the system works, despite its flaws, when it is used the way it was designed. In the case of the government, we have a perfectly good design: the Constitution. The problem is that the current government is ignoring that design. The "valid alternative" you're looking for is simple: follow the design (which, BTW, was laid down by people with much more historical knowledge, and in some cases direct personal experience with tyranny, than the vast majority of modern Americans.) Why is this so hard to understand?

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    4. Re:I guess I can accuse myself of being naive... by chill · · Score: 1

      I wasn't whining about the system. I was pointing out the IMPLEMENTATION of the system needs constant monitoring. The Constitution is a wonderful document and a three-branch oversight system is pretty darn good.

      HOWEVER, complaining about how certain branches act is as American as Apple Pie. We not only have the RIGHT to criticize our gov't, we have the DUTY. We also need to praise them when they do the right thing.

      You're right about the modding bit, though. -1, Close-minded would serve /. well.

      --
      Learning HOW to think is more important than learning WHAT to think.
    5. Re:I guess I can accuse myself of being naive... by Aexia · · Score: 2

      Being able to recognize that the world isn't strictly black and white, right and wrong, good and evil is not ignorance.

      Which is funny because your original post made just that distinction. "You have nothing to fear from losing your civil liberties as long as you're not one of *those* people."

      First, those people were bonifide terrorists.

      Then it was any non-citizen with a visa violation.

      Then it was any citizen accused of terrorism.

      Now it's any citizen *suspected* of terrorism.

      Soon it'll be "marginal" political organizations. Then a more mainstream one like Greenpeace. Next thing you know, the "PATRIOT" Act will be used to harass members of opposing political parties.

      I hate to use the slippery slope argument, but it's hard not to when we're sliding down headfirst, eyes closed.

    6. Re:I guess I can accuse myself of being naive... by Smedrick · · Score: 1

      But that's just it, we are following the design. The only problem is that there's corruption inherent in the system. Unfortunately, this corruption is the result of human nature for the most part. What I'm getting at is that you either need to find a way make everyone stop being power hungry and greedy, or find a new design.

      --
      "I strongly urge both the faint of heart and the faint of butt to leave the room at this time."
      - Strong Bad
    7. Re:I guess I can accuse myself of being naive... by Tony-A · · Score: 2

      We not only have the RIGHT to criticize our gov't, we have the DUTY.
      Good point.
      Probably many more honest, well-intentioned government officials than there are corrupt ones, but without scrutiny and public clammoring, the level of corruption tends to be monotonically increasing. Who watches the watchers?
      With or without the complainers: With the complainers, do something wrong and get caught at it. You just proved that the complainers were right all along. Get enough public outcry against what they haven't done yet, and they won't do it.

    8. Re:I guess I can accuse myself of being naive... by neocon · · Score: 1
      Complaining about the government, per se, is a right, but not a `duty' -- it's completely morally neutral.

      What makes the complaint right or wrong is whether what is being complained about is, in fact, unjust. If it is, complaining about it is the right thing to do. If it is not, then crying wolf serves only to diminish your own credibility and to hurt the credible of valid complaints when they are needed.

      This is why the knee-jerk anti-government rhetoric so often seen here does much more harm than good.

    9. Re:I guess I can accuse myself of being naive... by chill · · Score: 1

      Except you don't know the motives of those in the government taking the actions, thus can at best guess if the actions are just or unjust.

      Both sides doing the complaining seem to lean to either side. The "middle" seems to be the silent majority of the public.

      --
      Learning HOW to think is more important than learning WHAT to think.
    10. Re:I guess I can accuse myself of being naive... by neocon · · Score: 1
      So far, so good. But we've developed a tendency to think of dissent as being good in and of itself, which is nonsense, and only serves to make complaints against actual injustices (which are actually pretty damn rare in this country, after all) not be taken seriously.

      Nor do you need per se to `know the motives' of those in government. It is sufficient to look at their actions (or to actually, oh, I don't know, say, read the court opinion in this case) to dismiss a lot of the knee-jerk anti- government reaction to this story as absurd.

    11. Re:I guess I can accuse myself of being naive... by chill · · Score: 2

      True, lots of the reaction here and elsewhere is counterproductive and foolish.

      I prefer to thing of the ABILITY to dissent as being good, but the dissent itself depends on both the circumstances and motives.

      As far as not needing to know motives -- that isn't necessarily true. An action can have many different reactions, especially when combined with other actions. Many of the actions of gov't aren't open for scrutiny, so you don't see the big picture.

      Still, your final sentence about being able to dismiss a lot of the knee-jerk reactions is correct.

      --
      Learning HOW to think is more important than learning WHAT to think.
  78. Re:You Anti American Scum by Anonymous Coward · · Score: 0

    It is because of people like you the 9-11 happened. I will not forget.

  79. Misstatements!=Crime? by Sean+Clifford · · Score: 3, Insightful
    the errors related to misstatements and omissions of material facts

    So that's what they're calling perjury, lies and fabrication of evidence? Why the hell haven't these agents been prosecuted?

    This is exactly why we should NEVER have secret courts and secret evidence. I can't friggin' believe this is being allowed to happen here.

    1. Re:Misstatements!=Crime? by SnatMandu · · Score: 2

      It can't happen here
      It can't happen here
      I'm telling you my dear
      That it can't hap pen heeeeere!

      -FZ

  80. It's because of how they are selected by Sloppy · · Score: 2
    It's all about how they are selected.

    We select the people in executive and legislative branches, based upon how good they are at selling out. It sounds ridiculous, but it's true: the less trustworthy they are, they more we want them. It's because we still stupidly watch TV to be marketed their candidates, and the way to get on TV is to have lots of money, and the easiest way to have lots of money is to sell out.

    When there are chokepoints (I hesitate to call them "monopolies") on one-to-many communication (candidates talking to voters), then democracy is its own enemy.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  81. Do something about it by stevenso · · Score: 1

    Why wait for the Judges to decide that our government agencies are out of control and stomping all over the 4th Amendment? Our legislature authorized the Patriot Act. Our legislature can repeal it.

  82. *stands up and claps for Melantha* by Anonymous Coward · · Score: 0

    Bravo,

    Excellent post, I love it when people put down my views and sediments EXACTLY, saves me from having to type :-)

    1. Re:*stands up and claps for Melantha* by Anonymous Coward · · Score: 0

      My sediments are mostly at the bottom of the wine bottle right now, but I always appreciate those who bite on an obvious troll.
      HAND

  83. Re:truth by Anonymous Coward · · Score: 0

    These antics are exactly what everyone was afraid of when Ashcroft was appointed in the first place.

    Everyone? Who is this "everyone"? I defy you to come up with one Senator who said "This attorney general is going to have secretive wiretaps!" during the confirmation process.

    The main problem Ashcroft's opponents had during his confirmation was that he was too pro-encryption. That is why I initially supported him during the confirmation process (I DON'T support him now).

    BTW, most of abuses cited in the case were during the Clinton administration. Gee, for some reason you don't have a problem with those abuses.

  84. Headline says Ashcroft... should mention Reno! by Anonymous Coward · · Score: 0

    From the Wash Post:
    ----
    Secret Court Rebuffs Ashcroft
    Justice Dept. Chided On Misinformation

    " The department discovered the misrepresentations and reported them to the FISA court beginning in 2000."
    ----
    Who was President in 2000?
    Who was Atty Gen.in 2000?
    Why does the article never mention this?

  85. Re:You Anti American Scum by gl4ss · · Score: 1

    and you are a troll(and coward, anonymous one at that), and because of people like you 10M people can be slaughtered, or 10M can die of starvation and it's not even noted as big thing on the history books. like, 10M africans/chinese/whatever means nothing but 3k U.S.A citizens do, not to mention that it was not only usa that the attack was laid against, however, before this usa barely cared about terrorists because "they're not our problem, even though we are migrating ourselfs into every corner of the world". (10m is under the real figures on few cases)

    usa is just part of america. and america is just part of the world. you still are more likely to die by the hand of your own countrymen than 'terrorists' in usa, not some shady terrorists countrymen, but by a regular friendly neighbourhood thug, given the size of usa it's surprising you don't have more homebrewn terror (oh yeah, you do but it's not terror).

    usa has been extremely hysteric, and calling everything it's got on 'war on terrorism', except this war on terrorism is just war against certain 'rogue states', or they'd be doing something more concrete to stop ira/westbank/baski/that_greek_group_that_just_lost _one_arms_stash. usa is just once again doing inner politics with foreign politics, this is something that stinks about politics in usa.

    for **** sake, i just visited spain, and read there on location on the newspaper about 'summer of terror', apparently there had been few bombings this summer, did i start screaming and take the first transportation out because 'OMG, TERRORISTS'? no. it didn't even surprise me, it's a mediterranean country after all.

    to keep this post somewhat up to the original topic, usa should firstly issue wiretapping as mandatory in big corporations so that they don't go do _very_ _stupid_ _things_, you _always_ get caught of accounting counterfeiting.

    on other news pakistan turned itself into dictatorship and usa didn't even blink.

    if this rant won't get me to negative karma i wonder what..

    --
    world was created 5 seconds before this post as it is.
  86. Re:Get some PRIORITIES! by Anonymous Coward · · Score: 1

    ok great speech bravo!. getting on soapbox... so you say "it's imperative that you clean things up in your own house" fine, no problem with that but a house divided will fall and the geek community is not on the same page.

    you say "If you want to stand for civil
    rights and liberties, for justice and equal opportunities and oppose the idea
    police/military regimes you have to follow your own ideals." good but, following your ideals wont work- good intentions is not enough maybe for that rare person who will stop at nothing and willing to pay the price. to many of us wont go that far or stick it out and when it begins to cost... well? who will stand with you?

    your "worthless" statement has a point not every ideal or your own personel creed isn`t worth much if you don`t practice what you preach. however noble it sounds peoples own ideals are not all based for the good of humanity hitler proved that. so untill people can agree on what is good and hold to be the "TRUTH", what ground work are you building your decree on? a new lie built to replace an old lie is still a lie when you consider the source people are flawed and very self centered.

    so who`s going to pay attention? who here hasn`t bought something made in china? so we all give them are money while they are laughing and pointing nukes at us. yeah, i shure feel secure knowing somone`s grandma is being stripped search at the airport in the name of " national security and law enforcement for the safety of the public"

    do you decry what MPAA and RIAA are doing? shure you do a lot of other people posting here do as well. what are you doing about it? do you go to the movies? if so, aren`t you defeating yourself and helping make things worse? remember you have to count the cost if you want to stand on princple and be true to your word... getting of soapbox.

  87. I have your report here by Anonymous Coward · · Score: 0

    No need to wait 3 months. Here is your FOIA report.

    Name: Anonymous Coward
    Sex: M
    Age: 28
    Distinguishing Features: Numerous pimples
    Address: His mom's basement
    Number of times subject seen actual female genetalia: 0
    Number of dates subject has been on: 0

    Subject is a loser Lunis user. Has inflated sense of importance and intelligence. Spends all day in mother's basement. Subject seems to be "playing with his Gnome settings" the entire time. Nothing of interest here.

  88. Just got a T.V. -- very powerful primer. by Anonymous Coward · · Score: 0

    I just got a TV in my house beacuse a friend needed a place to store it. I've not used a T.V. since Highschool (15 years ago). Since I got cable TV with my order for high-speed internet (and they hooked it up to my TV without even asking) I started to watch a bit. It is actually quite disturbing. All this talk of Terrorism and ignoring core issues. It seems like the powers that be a priming the public.

  89. Didn't you hear, Fair use was revoked by The+Optimizer · · Score: 4, Funny

    You can not quote exceprts from historically significant literature and use them to place relevant and insightful thoughts into the brains of other people (see 1984 EULA sec 256.1.0.2.4) even if said people have a valid license (to view and store in their short term memory only) the copyrighted material in question.

    You have been reported to the Book Publisher Industry Assosiation (BPIA) and will be prosecuted for copyright violations and failure to uphold corporate profits.

    Please stay by your computer while we send the authorities to pick you up for reeducation.

  90. You have such a low opinion of yourself. by Anonymous Coward · · Score: 0

    Sad really. Just because you live in your mom's basement doesn't mean you're a loser (and it's linux not linux).

    1. Re:You have such a low opinion of yourself. by Anonymous Coward · · Score: 0

      Sad really. Just because you live in your mom's basement doesn't mean you're a loser

      And you're schizophrenic, Anonymous Coward. Being that you live in your mom's basement does make you a loser.

      (and it's linux not linux).

      Are you sure it's not linux instead of linux? I could have sworn it was linux.

      See? You are a schizophrenic loser.

  91. It bothered all along. However, by Anonymous Coward · · Score: 0

    the point I was trying to make (at least 1 person read it :) was with Gore we at least had a shot at having freedoms not trampled on (note I too think it's doubtful), instead of knowing from the start we're fucked.

    That is the difference.

    1. Re:It bothered all along. However, by neocon · · Score: 1
      Nothing but FUD.

      Name one freedom which you think you've lost under this administration.

      Otherwise, you're just blowing hot air.

    2. Re:It bothered all along. However, by Anonymous Coward · · Score: 0
      Freedom of speech? Specifically in the right to peacefully protest?
      " Arriving Thursday evening at a GOP fund-raising event in downtown Portland, Bush was greeted by several hundred hooting and screaming protesters -- many angry about his new forest initiative, as well as other causes including possible military action against Iraq.
      Riot police fired pepper spray at protesters and struck them with batons outside the hotel where Bush was attending the event for Republican Sen. Gordon Smith ( news, bio, voting record), after activists marched toward the venue from a nearby park. The melee, in which protesters hammered on the hoods of police cars with pepper spray wafting through the air, erupted after protesters refused to leave the area."
      Note that there's no suggestion of violence on the part of the protestors, even in the above AP article. Wait, it gets worse:
      As usual our police over reacted, I was pepper sprayed in the eyes, I'm a 64 woman, as was my friend. She was trying to shield a young woman holding a baby. Both woman, baby and her little boy were sprayed in the face. Pictures will be available soon. Pepper spray really burns and you can't see.
      -- eyewitness report

      Things didn't get bad until those that were arriving to have dinner were beginning to be inconvenienced by the crowd. So the police just started pepper spraying us. (I heard no warning) The crowd was pushed back into police cars arriving from the other direction. People in the crowd near the police cars were shot with rubber bullets. I saw a Katu tv cameraman get sprayed and an father carrying his baby.
      -- second eyewitness

      There ought to be limits to freedom - George W. Bush, on a website that parodied him.

      Go ahead and justify this neocon. Be the apologist. Justify the torture of protestors, of journalists, and of children. Justify the facism that wingnuts like yourself, from Free Republic through Lucianne, have called for for years. Go ahead. I dare you.

    3. Re:It bothered all along. However, by neocon · · Score: 1
      The `torture' of protesters? You're a funny little man, AC.

      C'mon. We've all seen the violence these protesters wrought in Seattle, here in New York, in Washington, and elsewhere. But this time the police just attacked them at random? Really? And if we take your word that this is what the (local, Democratic) city government did, what does this have to do with Bush?

      And yes, there are limits on rights. Your right to extend your fist ends at the end of my nose, and your right to `protest' ends when your `protest' consists of looting Starbucks and Nike.

    4. Re:It bothered all along. However, by Anonymous Coward · · Score: 0
      Good grief. I never thought you'd be evil enough to do it. I thought you'd claim it was the "evil Dems" who were responsible, or some buck passing like that. I even had half a thought that you might condemn it saying that the ability to peacefully protest is a right. Half a thought, because I know that's not something the average wingnut does support, though they always claim to during a Democratic administration.

      Pepper spraying children is acceptable to you is it? Jesus H Christ you take the biscuit. And you even libel the protestors. The AP say no violence took place before the police started pepper spraying. They say the police pepper sprayed because the protestors refused to move their protest elsewhere. That's in the article. There's nothing in the article to suggest that these are the same people as in Seattle et al. Protests are protests, they happen every day in places all over the country. I point this out not for your benefit, but the benefit of anyone else reading this who reads your libels first.

      And Bush's comment was directed at a web site that opposed him, as I said in my message. He wanted it closed down. He felt the limits of freedom were when people start criticising HIM. You've taken your own leader's quote out of context. I quoted it because anyone who heard it at the time knew the true intentions of this regime.

      The right to peacefully protest has been destroyed. Non-violent protestors, journalists and children have been tortured. Your only response is to put the word "tortured" in quotes and hope you can imply the protestor's were violent.

      You're a moral coward. You prefer libel and slander to facing the truth. You're happy when abuses of human rights occur when it's your people doing the abusing but you pretend your reason for hating your opponents is strengthened when some member of their sect performs such acts. You condemn others, but you never condemn your leaders who do these things, or your fellow travellers who constantly promote violence and murder against political enemies.

      I'm quite sure I know where you would have stood in the 1930s.

    5. Re:It bothered all along. However, by neocon · · Score: 1
      There are plenty of people in this world who are actually being tortured, for whom the word needs no quotation marks. And the best you can come with is to blame Bush for the actions of a local, Democratic-party police force which has already faced violence at the hands of these protesters a few years back?

      Pathetic.

    6. Re:It bothered all along. However, by neocon · · Score: 1
      Just who do you allege is `promot[ing] violence and murder against political opponents' anyway?

      So far all you've shown us is a local police department which may have overreacted when faced with protesters who when they were last in town looted and smashed most of the downtown area of their city.

      If the protesters were peaceful, sure, this was an overreaction. If they weren't, it may or may not have been. In either case, no reasonable observer would react in anything like the paroxysms of hyperbole which you are exhibiting here.

    7. Re:It bothered all along. However, by The+Girl+With+The+Br · · Score: 1

      Lekhitzot yadaim. Heskemim mezuyafim.. We shall survive together.

    8. Re:It bothered all along. However, by Anonymous Coward · · Score: 0
      Overreacting is not the word.

      You know, I'm tired of this. I'm tired of the neo-fascists who've hijacked the conservative, religious, and libertarian spheres of discussion with their violence-filled rhetoric and blatent lies. A quick wander over to Free Republic or Lucianne (or just a read of Ann "Thrax" Coulter's latest remarks about the NYT and Tim McVeigh - yes, I know it was just supposed to get a rise out of the left, but this is what we saw 70 years ago. Violent rhetoric, violent acts. Today we see the rhetoric, and in some cases, McVeigh and the anthrax mailer as examples, or the mob in the Miami ballot riot as another. And still the abuse, the mindless, pro-violent, abuse goes on, never ending, never receiving a word of criticism from the right's fellow travellers, and even the occasional, as you've shown above, "Well, they probably deserved it" attempts at justification in the absense of real evidence to the contrary.

      Here's another one. No baby this time, just some old dear with a placard. Were these bikers or blacks in baggy trousers surrounding her, the stories would have filled the media for months. But it's police, cops, people supposed to be looking out for us, becoming the danger. A discredit to their uniforms, but enough of them acting as one to raise serious questions of how far this can be described as some minor misunderstanding, a nervous cop overreacting at the sight of a long haired youth with a bottle.

      In either case, no reasonable observer would react in anything like the paroxysms of hyperbole which you are exhibiting here.
      Sure. Forgive me for getting angry about children getting pepper-sprayed so that Bush can raise some cash without seeing a protest. Geez, I really over-reacted. Imagine me being horrified at the solidification of fascism in this country. What a fucked up individual I must be.

      I'll just calm down by listening to what those nice Mssrs Limbaugh and Coulter have to say.

    9. Re:It bothered all along. However, by Anonymous Coward · · Score: 0
      It's ok to torture American protestors because other people in the world are being tortured too? And it's also ok because a group of anarchists who were also protestors have been violent in the past? And the Democrats have their own private police force and sent them out in to protect Bush in a Bush fundraising event?

      Good god man. You've truly lost it.

    10. Re:It bothered all along. However, by neocon · · Score: 1
      Yup, same old absurdity.

      Only in the hands of someone who had already decided what they wanted to conclude could a local police force reacting (possibly overreacting, you certainly haven't shown this) to protesters who last time they were in town trashed most of the downtown area while throwing bottles and molotovs at police, be turned into a hit parade of sorry cliches.

      Those who you've decided to attack are `promoting violence and murder' (you haven't presented any example of either being promoted by those you're attacking, just by a local police force), are `fascists' (I doubt you'd know a fascist if one walked up and bit you on the ass, like most on the left `fascist' to you means `one I don't like'), and if someone (heavens!) has a minor tiff with a local police officer, they've been `tortured' (your words are an insult to those in places like Cuba or Iran, who know what they word `torture' actuallt means)

      And of course, all of this is just a preparation for you to vent some spleen at people who have nothing to do with what you've discussed. You really had to stretch to bring Ann Coulter or Lucianne Goldberg into this discussion, for example, but hey, you were determined to, and you managed.

      As I said, pathetic.

    11. Re:It bothered all along. However, by neocon · · Score: 1
      Nope, you just haven't made any credible case against anyone but a few local cops, who aren't even Republicans (and even that case you've hardly demonstrated, choosing instead to load with words like `torture' which clearly don't apply), but since you set out to find a way to smear the current Administration, well, goldurnit, that's whose fault it must be, eh?

      As I said, pathetic.

    12. Re:It bothered all along. However, by Anonymous Coward · · Score: 0
      Ok, the old dear being tackled by four cops might have been some anarchist with a previous record of protest, maybe she was involved in protests over Korea. Or WW2. Perhaps she protested against Hitler?

      But the baby? Do you have a shred of evidence that the baby being peppersprayed was involved in any revious protest which subsequently turned into a riot?

      Incidentally, of the two of us, one is insisting that all protestors are rioters, and that it is perfectly legitimate to torture protestors. The other is criticising the extreme right for promoting violence, for being violent, and for stomping on the right to protest. Which of us is being pathetic? Which of us is an apologist for state aggression?

    13. Re:It bothered all along. However, by Anonymous Coward · · Score: 0
      PEPPERSPRAYING KIDS IN THE FACE ISN'T TORTURE????!!

      You shit. You evil shit. You evil scumbag. Fuck you.

      Here we have groups of police, not one or two "bad apples", but groups - OBVIOUSLY ORGANIZED TO ANYONE WHO ISN'T A COMPLETE MORON - torturing protestors. They're pepperspraying them, beating them, and I've shown you pictures of both, and groups involved in both.

      And Bush isn't linked? Wait, so the secret service isn't involved in Bush's protection any more? These were just cops who wandered in from a neighboring town were they, who just happened to be in riot gear?

      You pretend it's the democrats responsible and at the same time pretend it isn't serious, that the police aren't doing anything wrong, and yet you acknowledge they are by using the word "overreacted".

      Which is it you scumbag fascist? Tell us where you stand on this: Are police beating old women and pepper spraying children "overreacting"? Or are they dealing with violent protestors? Would you like to be arbitrarily beaten and peppersprayed or do you acknowledge that by any legitimate definition of the word it's torture? And do you really believe this would have happened under Clinton too, or do you acknowledge this is exactly what the right call for every day of the week? From diatribes suggesting that any anti-war protestor should be thumped until they agree with you to Coulter's wish that McVeigh-like neo-conservative terrorists bomb the New York Times building?

      What you continue to represent, to argue for, to stand by, what you refuse to distance yourself from, condemns you neocon. You're the only person on Slashdot anyone will ever be able to point at as arguing that pepperspraying babies is not torture, that it's an understandable reaction by police, that it's legitimate for police to treat every protest as a riot, and who refuses, period, to condemn his violence-promoting fellow travellers.

      Even the extreme left condemned Stalin. The extreme right, it appears, will condemn nothing if it's done against people who dislike Bush.

      Or their children.

    14. Re:It bothered all along. However, by neocon · · Score: 1
      An amusing characterization, but nothing which resembles anything I've said.

      You seem to think that what you're pointing at is some sort of grand critique of the current Administration. This is, of course, absurd, as all you've done is point to what may have been an overreaction by local police officers in a city not even run by politicians of the same party as the administration, and who had every reason to be jumpy, for the reasons I've discussed.

      Given such a grand leap of illogic, it's impossible to conclude anything but that you're desperate for some opening to attack the current administration (and a few columnists who you have even less grounds to leap upon), and have settled on this absurdity for lack of any better grounds.

      Which, as I said, is pathetic.

    15. Re:It bothered all along. However, by neocon · · Score: 1
      The extreme left still hasn't condemned Stalin (or Castro, or Mao, or Ho Chi Minh), but that's hardly the issue here. You are pointing to a local police force's actions, which you absurdly describe as torture, and trying to pin it on Bush.

      And you ask whether I believe that this `would have happened under Clinton too'? How idiotic. This is the same Seattle mayor, the same police chief, the same police officers who you made the same absurd accusations about after the WTO meeting in the same city was `protested' by the looting of Foot Locker and Starbucks. During Clinton's presidency.

      It would be absurd to blame Clinton for that, and it is absurd to blame Bush for this (never mind Ann Coulter or Lucianne Goldberg, you silly little twerp), but because you've decided that your goal is to find something to smear Bush for, that's the absurd conclusion you leap to.

      If that's all you've got on Bush, it sure looks to me like he's doing pretty good...

      You, on the other hand, are, as I said, pathetic.

    16. Re:It bothered all along. However, by neocon · · Score: 1

      By the way, one of us characterizes anyone who has the nerve (why the sheer unmitigated gall!) to disagree with him as `evil' a `fascist' and a `shit' and a `scumbag' (or plays stupid word games with their names). Do you really want to suggest that it's some other political affiliation which engages in dehumanizing their enemies and thus encourages violence against them? Really?

      The fact is, such language, along with a bizarre hyperbole (a tiff with a cop is `torture', cops being a little on edge when protesters who threw molotovs at them come back to two is `destruction of the right to protest', and so forth) are the entirety of your position. You certainly haven't presented any coherent arguments for any of your claims.

      And that, at the risk of sounding like a broken record, is pathetic.

  92. Re:Get some PRIORITIES! by puppetluva · · Score: 2

    interesting pseudonym. . . and very well-written article.

    Your writing is great - you can find a compadre or two over at www.e-thepeople.org . There are quite a few folks there who write highly-considered articles and who enjoy real intellectual debate. Of course they have their trolls. . but no too many.

    I don't run the site (although I've met those who do). . . it is just a suggestion - you can probably add to an already smart crowd there.

  93. When a former... by symbolic · · Score: 2

    President can make a mockery of the legal system - a system which serves as the foundation for our government, spawn a generation of kids who think that oral sex isn't sex, and not but three years later be entertaining contract offers that would make him the highest paid talkshow host in the history of television, this shouldn't surprise anyone. There's far too little accountability, and with respect to Clinton, absolutely no sense of shame.

  94. Secret Court? by tyrione · · Score: 1

    Where in the US Constitution does it decree the use of "secret courts" to rule on "sensitive materials" deemed to private for US Citizens awareness?

  95. When a current... by CrosseyedPainless · · Score: 2

    President can make a mockery of the legal system - a system which serves as the foundation for our government, spawn a generation of kids who think that stealing from stockholders isn't stealing, and not but a few years later be awarding huge government contracts to his crooked vice president's ex-company, this shouldn't surprise anyone. There's far too little accountability, and with respect to Bush, absolutely no sense of shame.

    Wow, that was easy.

    1. Re:When a current... by symbolic · · Score: 2


      Easy indeed. I'm no fan of Bush, either.

  96. Who was the President and Atty Gen in 2000? by filmcritic · · Score: 1

    Hmmm. The bias is showing here, their legs are spread wide. How could anyone actually believe that Ashcroft had anything to do with this considering he was running for Senate re-election at that time? Come on...we all know that good 'ol Bubba Clinton and bulldyke Janet "Child Killer" Reno were still in charge in the year 2000.

    I find it amusing how the ultra left publications such as the Washington Post will go to such lengths to tar and feather the current administration. The headline is a complete LIE and they know it. They must think everyone has their heads up their asses like they do.

  97. Re:Slashdot should interview Colleen Kollar-Kotell by ryanwright · · Score: 2

    This woman seems to wield a lot of power over both individual citizens and major corporations.
    I would like to know more about her.


    Well, she's certainly not a MILF, if that's what you're asking. ;)

    Disclaimer: I haven't actually seen her. I just needed an excuse to use the term MILF on Slashdot.

    --
    -Ryan, with the unoriginal sig
  98. Re:Get some PRIORITIES! by Anonymous Coward · · Score: 0

    I don't want to depreciate the fine responses here, but this troll has been posted almost every day except for a short lull at about midpoint between 9/11 and the anniversary. I expect the frequency to increase over the next two weeks.

  99. Re:Slashdot should interview Colleen Kollar-Kotell by BrookHarty · · Score: 2

    Judge Colleen Kollar-Kotelly

    Judge Kollar-Kotelly was appointed to the United States District Court in May 1997. She received a B.A. in 1965 from The Catholic University of America and a J.D. in 1968 from Columbus School of Law, The Catholic University of America. Following law school, she served as law clerk to Judge Catherine B. Kelly of the District of Columbia Court of Appeals. From 1969 to 1972, Judge Kollar-Kotelly was an attorney in the Criminal Division of the U.S. Department of Justice and then served as the chief legal counsel to Saint Elizabeths Hospital until 1984. She was appointed Associate Judge of the D.C. Superior Court in October 1984, and served as Deputy Presiding Judge of the Criminal Division from 1995 until her appointment to the federal bench. Judge Kollar-Kotelly has been a Fellow of the American Bar Association, a founding member of the Thurgood Marshall Inn of Court, an adjunct professor at Georgetown University School of Medicine in a joint teaching program on mental health and the law, and chair of the Board of the Art Trust for Superior Court.

    Pretty impressive.

  100. Promoting justice by El · · Score: 2
    We need to stop helping dictators around the world, and start promoting justice. Even if that means we don't make quite so much money.

    So you're advocating helping to replace the dictators willing to sell us oil with populists that would refuse on principle to sell us oil? Man, I hope you don't own an SUV... Look, we support dictators when we see them as beneficial to us. Then, when they do something to demonstrate they are not beneficial to our interests (like invading Kuwait, fer instance) then we bomb them. Got it now?


    Yes, the measure of true integrity/morality is doing what is right even if it adversely affects us... but that doesn't get you re-elected. On idealistic terms, I agree with you. Unfortunately the world is corrupt and unfair and in practical terms it doesn't work that way.

    --

    "Freedom means freedom for everybody" -- Dick Cheney

  101. Media conspiracy theories by Anonymous Coward · · Score: 0
    The liberal, misleading, press is trying to help the liberal, misrepresenting, politicians to get elected in Novemeber.

    What makes you think the media is biased in favor of liberals? Oh, the media has been telling you that. For what it's worth, most liberals think the media is biased on favor of conservatives. Conservatives think the media is biased in favor of liberals. Supporters of third parties think the media is biased in favor of the major parties.

    I don't think the media cares one way or the other whether democrats or republicans run the country. All they care is that the election is close. The closer the election, the easier it is for the media to shift the election one way or the other. If the media can shift the election, guess whose agenda the winning politicians will support?

    The media puts this out now, hoping get the people thinking Bush/Ashcroft bad, Democrats good.

    The media put this out now because it's big news and it just became public. Most newspapers left out the Janet Reno reference because they were too lazy/stupid/cheap to look it up.

    Besides that, you can rest assured that as soon as a Democrat becomes president, we will hear 'confessions' about the countless abuses of the Bush/Ashcroft administration.

  102. defining terrorism by commodoresloat · · Score: 2
    Destroying government property (or most other uses of violence / force by non-uniformed combatants) in order to change policy is the definition of terrorism.

    That of course is precisely the problem. Especially when being a member of a group peacefully protesting when another member of the group has thrown a rock winds up branding you a terrorist even though your actions are peaceful.

    If throwing rocks through government office windows in order to change policy isn't terrorism, why not step up to Molotovs? Little chunks of lead? Where do you draw the line?

    It's a fair question, but it is loaded in this context, since any political group can easily be branded "terrorist" by an act of violence that takes place during a protest, whether or not committed by one of its members. The problem lies in the notion of "terrorism" itself, which licenses severe responses. Should someone who violates (for example) the embargo on Cuba get 20 years in prison? The Marin County kid who joined the Taliban got precisely that, for violating sanctions on Afghanistan, not because his "crime" was worth 20 years of punishment, but because he joined a "terrorist" group. I have no argument with the Taliban being branded as such, but what about domestic nonviolent groups who participate in protests such as Seattle, where isolated acts of violence did occur. Is any act of vandalism terrorism if used in a political context? What about political graffiti? How long before Mothers Against Drunk Driving gets branded as a terrorist group when someone spray paints "Don't Drink and Drive" across a bridge?

  103. You've missed my point by Art+Tatum · · Score: 1
    Cultural differences be damned.

    When someone is displeased with the good fortune of others, we call this envy. What I'm curious about is why people are so envious. That's where the cultural differences thing came in.

    I'm happy to pay more taxes (both monetarily and as a percentage of income) than my collegues in the next cubicle who earn less than half my salary

    I don't come from a wealthy family by any means and don't have a lot of money now (I'm just out of school and am trying to figure out how to make a living) but when I hear that a tax cut benefits someone other than me, I'm happy! The rich aren't the enemy--the government is the enemy. And anytime someone gets some of their own money back from the government, I'm happy because it's a little victory for all of us.

    Now, I would certainly like to have *bigger* victories; to wit, seeing *everyone's* taxes reduced. But I seriously doubt that anyone in Washington shares my opinion on that--Republican or Democrat. :-)

    1. Re:You've missed my point by Anonymous Coward · · Score: 0

      >When someone is displeased with the good fortune of others, we call this envy. What I'm >curious about is why people are so envious. That's where the cultural differences thing >came in.

      As a poor person, it's not so much as being displeased
      at other's good 'fortune' as it is being displeased
      by some people ripping me off. I don't hate those
      who make more than I do, I hate those who try to
      take all my money. Muggers take a little, but most
      of my cash goes to white men in suits who won't even show
      me their face.

    2. Re:You've missed my point by Art+Tatum · · Score: 1
      Muggers take a little, but most of my cash goes to white men in suits who won't even show me their face.

      I find your description to be quite disturbing. Now, I'm absolutely certain that there are some real stinkers out there. But I can't believe that all or even most of the wealthy and middle class in this country are evil. I think your statement that they "won't even show you their face" belies paranoia and fear. And that is what all politicians build their political capital on: fear, mistrust, and paranoia. I believe most of it is completely unfounded and is quite unfair. Just don't forget that it cuts both ways--there are politicians making a career out of fear-mongering about you and me as well.

    3. Re:You've missed my point by karmawarrior · · Score: 1
      When someone is displeased with the good fortune of others, we call this envy. What I'm curious about is why people are so envious.
      I'm curious to know why you think I'm envious. Envious of whom? I've already said I'm happy to pay more taxes than those who are less well-off than I am. In what way is that envy?
      The rich aren't the enemy--the government is the enemy.
      The government isn't "the enemy", it's an institution that's answerable to us, and ought to be working for our benefit. The government provides many services that have to be available to all on a genuinely equal basis, regardless of gender, race, or income. I do not want those less fortunate than me to be without access to transport, be unable to get help from law enforcement or from the courts, be without adequate health cover, etc.

      I don't necessarily want to pay more taxes than I am doing, I want government to be as efficient in what it does as possible. But I no more want to give tax cuts to the richest while leaving the poorest no better off than I want to put eskimos at the front of the line for being given back fridges.

      I know this is very ideologically unsound in the Ayn Randian pseudo-libertarian world that is Slashdot, but frankly higher taxes for the wealthy in favour of the poorer don't bother me - stupid laws bother me, bureaucracy bothers me, progressive taxation I not only am not bothered by, I actively support.

      --
      KMSMA (WWBD?)
    4. Re:You've missed my point by Art+Tatum · · Score: 1
      I'm curious to know why you think I'm envious.

      No, I wasn't implying that you were envious. Sorry if that was confusing. I was referring to some of the rhetoric that gets thrown around these days by politicians. Some people really get consumed by this stuff and go around with these caricatures of wealthy people in their heads. When you can pull back from the situation and listen to the stuff some people out there are saying, it's really quite shocking. Especially when you know some wealthy people and understand that they're just ordinary human beings like everyone else. There's nothing unusual or evil about them. And all the one's I've ever met were quite generous people too--not misers the way the politicians would like us to think.

      As to the government, I have some extremely serious moral objections to most of what they do. I think they're doing far more harm than good. At any rate, the attempt of politicians to pit us against each other for their own political gain is disgusting; and that's largely what this whole thing is about anyway.

  104. funny but why? by Anonymous Coward · · Score: 0

    LOLlololoLOLOLLololololLOLOLololoLOLOlolrfolLOLrof lLOLOLroLOLOLforlfolrolforlfolroflrofllrooflLOLOLO OOL

    So fukin happy i'm not an american.

    LOLOLOLOLOLLOLOLLLLLLO

  105. Re:It's dead when the judicial says "stop" and the by neocon · · Score: 1

    OK, so quick pop quiz: which of the two (Marshall and Jackson) is still cited in court cases?

  106. Re:It's dead when the judicial says "stop" and the by ethereal · · Score: 1

    Marshall. But of course nobody would cite somebody that set aside a judicial decision, when trying to make their case in court :) It's only the Executive who would refer to the Jackson precedent, and in this day and age they probably wouldn't get away with it.

    --

    Your right to not believe: Americans United for Separation of Church and