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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.

133 of 373 comments (clear)

  1. 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 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.
    2. 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? :)

    3. 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?

      --
      -- Slashdot: When Public Access TV Says "No"
    4. 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.

    5. 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!?
    6. 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.

      --
      -- Slashdot: When Public Access TV Says "No"
    7. 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.

      --
      -- Slashdot: When Public Access TV Says "No"
    8. 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.

    9. 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?

    10. 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.
    11. 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.

      --
      -- Slashdot: When Public Access TV Says "No"
    12. 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"
    13. 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.

      --
      -- Slashdot: When Public Access TV Says "No"
    14. 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.

    15. 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.

    16. 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.
    17. 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?

  2. 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 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.
    4. Re:For perspective... by tomhudson · · Score: 2, Troll
      Why is ths news. "The governmet lied...". Now, it would be news if they didn't...

    5. 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?
    6. 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!

    7. 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).

    8. 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.
    9. 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.
    10. 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.
    11. 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.

    12. 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.
    13. 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.

    14. 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."

    15. 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.

    16. 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.

    17. 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.

    18. 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.

    19. 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.

    20. 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
    21. 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.
    22. 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.

    23. 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.
    24. 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.
    25. 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.

    26. 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.
    27. 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
  3. 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.

    --
    -- Insert wisdom here:
  4. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  5. 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

  6. 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 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"
    2. 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.
  7. 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.

  8. 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
  9. 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 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.

  10. 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 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
    3. 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
    4. 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.

    5. 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.

    6. 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
  11. 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.
  12. 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 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"
  13. 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
  14. 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.
  15. 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 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"
  16. 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 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.

    3. 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
  17. 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.

  18. 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.

  19. 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.
  20. 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!

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

    Comment removed based on user account deletion

  22. 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 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...

  23. 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.

  24. Comment removed by account_deleted · · Score: 2

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  25. Comment removed by account_deleted · · Score: 2

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  26. 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
  27. ..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."

  28. 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.

  29. 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"
  30. 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!
  31. 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.
  32. Re:OMG..Did anyone else see this ??? by Pfhreakaz0id · · Score: 2

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

  33. 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?
  34. 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.

  35. 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
  36. 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

  37. 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]
  38. 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."
  39. 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"

  40. 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 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.

    2. 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.
    3. 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
  41. 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
  42. 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.
  43. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  44. 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"
  45. 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
  46. 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.
  47. 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

  48. 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.
  49. 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.
  50. 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.
  51. 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.

  52. 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.
  53. 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.

  54. 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
  55. 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.

  56. 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.

  57. 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.

  58. 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"
  59. 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
  60. 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.

  61. 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.

  62. 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

  63. 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
  64. 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?

  65. 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."
  66. 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.