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House and Senate Reject E-mail Surveillance

vena writes "The Star Tribune reports the House and Senate today agreed not to allow email surveillance of American citizens proposed by the Total Information Awareness program. Additionally, negotiators agreed to halt all future funding on the program without extensive consultation with Congress."

89 of 260 comments (clear)

  1. Excellent news! by grub · · Score: 5, Funny


    Does this mean I can stop using PGP?

    --
    Trolling is a art,
    1. Re:Excellent news! by Smallpond · · Score: 5, Insightful

      It would be excellent news if Poindexter didn't have a track record
      of lying to Congress about what he was up to. Maybe they can find
      a good military officer, a colonel maybe, to make those reports
      to Congress.

      If I hold my hands in front of my face, you can't see me

    2. Re:Excellent news! by skion_filrod · · Score: 5, Insightful

      It depends on if you are an American citizen or not:

      "The program could be employed in support of lawful military operations outside the United States and lawful foreign intelligence operations conducted against non-U.S. citizens."

      Then again, how do they know that you are an American citizen without reading your email and checking you up?

    3. Re:Excellent news! by twoallbeefpatties · · Score: 2, Funny

      I think it means you don't have to type in l33t with hotmail. "Dude, send me that last letter back in English. They're not watching us anymore."

      --
      Libertarians somehow believe that private businesses should be stronger than governments but weaker than individuals.
    4. Re:Excellent news! by frdmfghtr · · Score: 2, Interesting

      HA! I wish.

      I thought seriously about that once...all I would need is a single spam filter. If There wasn't a PGP tagline in the message, it would get permanently deleted from my inbox. Since spammers don't use PGP, BAM! Instant spam-free zone.

      Unfortunately, those I communicate with don't even know what encryption is, much less use it. Thus, I would also lose mail from friends and family.

      Hmmm...perhaps a PGP Awareness Campaign is in order?

      --
      Government's idea of a balanced budget: take money from the right pocket to balance...oh who am I kidding?
  2. About time... by pla · · Score: 2, Funny

    Yay! The good guys finally win one.

    Suck on that, herr Ashcroft...

    1. Re:About time... by xyzzy · · Score: 4, Informative

      They didn't *win* anything. All "they" are required to do is issue a report to congress in 90 days detailing the system's function and scope. They aren't required to stop anything, assuming they file the appropriate paperwork.

      A better version of the article is here: http://www.nytimes.com/2003/02/12/politics/12PRIV. html (the one cited by the poster is a boiled-down version).

    2. Re:About time... by pla · · Score: 4, Insightful

      please tell Tom Daschle to stop suggesting that we are not protected from terrorists if you don't want the government to be able to do anything about it.

      We don't *NEED* protection from terrorists, and the measures enacted so far have done *nothing* but strip us of the very conveniences and freedoms we would like to protect.

      You might point out that we have had no real acts of domestic terrorism since September 2001. True. But how often did we experience such attacks *prior* to the WTC attack? And, even if we *did* expect something since that time, why would anyone bother? Ever seen the Twilight Zone episode "The Monsters are Coming to Maple Street"? That about covers it.

      As much as I hate the "if we don't blah, the terrorists have already won", our attourney general, and the OHS, and TIA, all *embody* the ultimate goals of any potential terrorists. Why should *real* terrorists waste their time and effort doing what we will willingly, even beggingly, do to ourselves? Personally, I'd rather risk a quick death less likely than getting struck by lightning, than have the afforementioned whack-jobs supposedly "protecting" us make a long and sedate life not worth living. But then, I don't consider myself a sheep. If you like having Ashcroft herd you into a nice "secure" detention cells, by all means beg for more. But leave me the hell out of your plans.

    3. Re:About time... by Total_Wimp · · Score: 5, Insightful

      We still won something very valuable. After 9/11 *everything* was going through without so much as a question. At least now our elected representatives are saying, "hold on a minute," instead of just rolling over. The victory is that someone, somewhere is remembering that we have something called rights and they're at least taking the time to see if they apply.

      TW

    4. Re:About time... by I+am+Emmitt+Smith · · Score: 2, Funny

      amen

      --
      *The Bill of Rights - void where prohibited by law
    5. Re:About time... by Anonymous Coward · · Score: 3, Insightful

      The sneaky thing is that you may not know if your freedoms have been lost.

      Let's take privacy. Under Patriot your librarian is required to provide your borrowing record if the gov't asks -- and the library is FORBIDDEN from notifying you or anyone else.

    6. Re:About time... by pla · · Score: 3, Insightful

      Do you know anybody who has?

      Arrested and sent to Cuba, no. Greatly inconvenienced to no gain for anyone, yes. The leader of the Green party in my state cannot currently fly because of thinly veiled attempts to silence political dissent. Along with several hundred (that we know of) similarly harmless people who have no means of getting off the transportation blacklist created entirely through illegal and due-process-denying means.


      What great conveniences and freedoms have you personally given up because of John Ashcroft?

      Shall I go over the bill of rights one at a time? Let's see... Privacy, speech, religion, secure in my home, search and seizure, state's rights, using military for domestic law enforcement... And those just from off the top of my head. I could dig deeper.


      but at least Ashcroft hasn't been murdering entire religous sects and pointing machine guns at innocent 6 year olds.

      True enough. Reno seems to have made that sufficiently unpopular that Ashcroft hasn't (yet) dared continue her work.


      Oh, and quit with the damn *stars* around words. You look like a damn fool.

      Ah, good ol' ad hominem, the last resort of those with no better point to make. Yes, I agree, I should use actual HTML tags in this medium. Having used USENET long before the web came around, however, I have an old habit that has proven difficult to break. To go so far as saying it makes me look like a fool, however? I doubt it.

    7. Re:About time... by Darby · · Score: 4, Insightful

      I take EVERYTHING my government tells me with a large amount of cynicism and suspicion.

      As is your duty as a citizen of a (supposedly) free society.

      Call me paranoid or a wacko

      No. I'll call you a patriot since that is what you are by being "eternally vigilant".
      It's sad that so many people don't realise that going along with your government right or wrong isn't patriotism. It's treason.

    8. Re:About time... by pla · · Score: 3, Informative

      Show me in the Bill of Rights were you are guaranteed a right to privacy. (Hint: its not in the Bill of Rights)

      From the American Library Association:

      "Privacy is essential to the exercise of free speech, free thought, and free association. The courts have established a First Amendment right to receive information in a publicly funded library. Further, the courts have upheld the right to privacy based on the Bill of Rights of the U.S. Constitution. Many states provide guarantees of privacy in their constitutions and statute law. Numerous decisions in case law have defined and extended rights to privacy."

      It includes references (four for that paragraph alone), if you want to argue with any specific point.

    9. Re:About time... by Ivan+Raikov · · Score: 5, Informative

      Show me in the Bill of Rights were you are guaranteed a right to privacy.

      IV

      The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

      IX

      The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

      (Hint: its not in the Bill of Rights)

      It is indeed the Bill of Rights that guarantees the protection of individual liberties; you'll remember that the federalists argued that no such things is necessary, because enumerating specific rights only means that the government can find ways to infringe upon other rights, that have not been explicitly enumerated. The anti-federalists, on the other hand, were afraid of a strong central government, and wanted a bill of rights to serve as an explicit social contract between the people and the government.

    10. Re:About time... by glesga_kiss · · Score: 2, Interesting
      Please stop deluding yourself. You haven't won anything, your e-mail has been getting scanned for years. Echelon is not some conspriacy theorists wet dream. It exists beyond all doubt. Your rights are meaningless when there are organisations that ignore them.

      Here is a quote from Echelon Watch's FAQ:

      Q - If ECHELON is so powerful, why haven't I heard about it before?

      The United States government has gone to extreme lengths to keep ECHELON a secret. To this day, the U.S. government refuses to admit that ECHELON even exists. We know it exists because both the governments of Australia (through its Defence Signals Directorate) and New Zealand have admitted to this fact. (10)

      This "wall of silence" is beginning to erode. The first report on ECHELON was published in 1988. (11) In addition, besides the revelations from Australia, the Scientific and Technical Options Assessment program office (STOA) of the European Parliament commissioned two reports which describe ECHELON's activities. These reports unearthed a startling amount of evidence, which suggests that Echelon's powers may have been underestimated. The first report, entitled "An Appraisal of Technologies of Political Control," suggested that ECHELON primarily targeted civilians.

      So, what exactly is this article about? What have we won?

      For the still-skeptical people amoung us, here is a warning from the EU government to e-mail users, originally stated in it's original form here. You can also find an EU resolution on the matter here

      If you are not of the faint of heart, you can see the highly detailed 200 page report into the system here [pdf doc]. This report was originally reported in the news mid September, 2001. Obviously due to other news items, it wasn't widely reported and the whole affair was convienently swept under the carpet.

  3. Double standards by flowerp · · Score: 4, Insightful

    Then, on the other hand they're spying on international communication lines as much as possible (Echelon, Echelon II, etc...). Of course that's perfectly legitimate for them because it hardly affects privacy of the American people.

    --
    --- Eat my sig.
    1. Re:Double standards by aengblom · · Score: 3, Interesting

      In most of the world we call different standards for different classifications "different standards".

      Not double standards.

      The double standard is if Britain watches over the U.S. similarly and then we "exchange" the information about each other's population

      --


      So close and yet so far from the world's perfect ID number
    2. Re:Double standards by blibbleblobble · · Score: 5, Insightful

      "It [echelon] hardly affects privacy of the American people"

      Interestingly, that was one of the reasons that PGP export was allowed: American companies operating abroad had to use easily-breakable encryption, becuase it was all they were allowed to take to their worldwide offices. Of course, that meant that the government of any country they operated in could decrypt their comms, and tip-off native companies in competition with them.

      Not that the US would ever sink to such depths... *cough*arms-sales-contracts*cough*

    3. Re:Double standards by Victor+Tramp · · Score: 2, Insightful

      yay! found it

      First they came for the Jews
      And I did not speak out -
      Because I was not a Jew.

      Then they came for the communists
      And I did not speak out -
      Because I was not a communist.

      Then they came for the trade unionists
      And I did not speak out -
      Because I was not a trade unionist.

      Then they came for me -
      And there was no-one left
      To speak out for me.

      Pastor Niemöller, 1938

      thank you for playing..

      --
      US$0.02++
    4. Re:Double standards by Ivan+Raikov · · Score: 3, Informative

      You do realize that the US govenment exists to protect the people of the US, right? Sorry, if you're not a US citizen, you really shouldn't expect the US government to defend you, unless you are important to US interests.

      I really do hope you're only joking, but allow me to remind you that the Constitution and Declaration of Independance do not suggest that governments somehow "assign" rights because of national origin, but are rather established to protect the people under their jurisdiction, because these are asserted to be the inalienable rights of mankind. The equal protection clause in the 14th amendment to the United States Constitution guarantees that all people under the jurisdiction of the United States are entitled to equal protection of the law. This principle has been upheld in the landmark case Yick Wo v. Hopkins, 118 U.S. 356 (1886). The court asserted that The guarantees of protection contained in the Fourteenth Amendment to the Constitution extend to all persons within the territorial jurisdiction of the United States, without regard to differences of race, of color, or of nationality. [...] Those subjects of the Emperor of China who have the right to temporarily or permanently reside within the United States, are entitled to enjoy the protection guaranteed by the Constitution and afforded by the laws.

  4. Finally, someone in congress read the constituion by Unknown+Poltroon · · Score: 5, Interesting

    "Hey, bob, this thing we all swore to uphold, are they serious?"

    How much you want to bet this gets tacked on to the next "patriot" style bill?

    --
    All Troll + "offtopic" mods are meta moderated as "Unfair", because you abused the system.
  5. TIA clothing available... by cjustus · · Score: 2, Interesting

    On that note... You can get your cool clothes... Any proceeds beyond the basic cost of each product will be donated to the American Civil Liberties Union.

    1. Re:TIA clothing available... by Senjutsu · · Score: 3, Funny

      Including Total Information Awareness thongs...

      When they say they want to know everything, they mean Everything.

  6. On second thought... by mekkab · · Score: 5, Funny

    I guess even they couldn't stomach the idea of reading other people's spam.

    Too bad, they could have compared prices on herbal viagra.

    --
    In the future, I would want to not be isolated from my friends in the Space Station.
  7. No TIA? No problem. by cryptochrome · · Score: 5, Insightful

    They won't let the Pentagon spy on Americans? That's OK, I'm sure we can find somebody else to do it for us, and return the favor to them, since we are allowed to spy on foreigners.

    You scratch my back, I'll scratch yours. Just don't lie to me, pal. Not that I'd know if you were.

    --

    ---If you can't trust a nerd, who can you trust?

  8. I guess their... by Xandar01 · · Score: 2, Funny

    personal emails may be a little to spicy.

    --
    Life moves pretty fast; if you don't stop and look around once in a while, you could miss it. -FB
  9. Skewed perspective? by BWJones · · Score: 5, Insightful

    From the article: Lt. Cmdr. Donald Sewell, a Pentagon spokesman, defended the program, saying, "The Department of Defense still feels that it's a tool that can be used to alert us to terrorist acts before they occur." He added, "It's not a program that snoops into American citizens' privacy."

    How can it not be a program that snoops into American citizens privacy? From past experience, I've found that the other issue is that once databases are available, they will be tapped for a variety of purposes not originally envisioned or intended.

    --
    Visit Jonesblog and say hello.
    1. Re:Skewed perspective? by xyzzy · · Score: 2, Interesting

      Well, whether it can or can not is rather open to interpretation, unlike the IRS, which can freely snoop into people's privacy (!!!)

    2. Re:Skewed perspective? by joebagodonuts · · Score: 5, Funny

      I liked this quote better:

      "Rep. John Murtha, D-Pa., senior Democrat on the subcommittee, said of the program, "Jerry's against it, and I'm against it, so we kept the Senate amendment." Of the Pentagon, he said, "They've got some crazy people over there."

      No shit.

      --
      "Give a woman two glasses of wine and some pad thai, and they'll agree to just about anything." the Sports Guy
  10. Trading intelligence by dtldl · · Score: 2, Insightful

    Still, this can easily be sidestepped by the old intelligence trick of you watch our citizens, we'll watch yours, then trading details with a friendly country.

  11. Sense at last by Herby+Werby · · Score: 5, Funny

    all your mail are not belong to us

  12. Nice by creative_name · · Score: 3, Funny

    Finally! The black car in front of my house is going to leave!

    --
    Posting as directed.
  13. Not quite over yet by DalTech · · Score: 5, Interesting

    From what I read in the article, the house and senate have voiced oposition. But it goes on to say, "The only obstacles to the provision becoming law would be the failure of the conferees to reach agreement on the overall spending bill in which it is included, or a successful veto of the bill by President Bush." Looks as if it could still go through.

    1. Re:Not quite over yet by praedor · · Score: 5, Interesting

      And he'd be an idiot to veto his own budget bill; that almost never happens.


      Good god. THINK about who you're talking about. GWB IS and idiot. Really. He is an honest to god moron. I wish I could recall the commentator who said it...in the local paper several weeks ago was an item by a CONSERVATIVE commentator who spent some time at the White House covering GW and buds. He indicated that Bush lacks any and all curiousity about anything that he is ignorant of (cultures, technology, etc). He doesn't read - except for the bible and THAT doesn't count for shit. He barely made it through college, there by virtue of his father's coattails. His FATHER, though a dork, was intelligent. Clinton, though a fool, was frickin brilliant. Bush junior, well, let's face it. He is Cletus from the Simpson's.



      --
      In Bushworld, they struggle to keep church and state separate in Iraq as they increasingly merge the two in America.
    2. Re:Not quite over yet by dvdeug · · Score: 3, Insightful

      idiot [reference.com] - A person of profound mental retardation having a mental age below three years and generally being unable to learn connected speech or guard against common dangers.

      moron [reference.com] - A person of mild mental retardation having a mental age of from 7 to 12 years and generally having communication and social skills enabling some degree of academic or vocational education.

      Bush, Jr., may not be the best public speaker, but he does not fit the above definitions.


      Gee, you think it's possible he wasn't using the above definitions?

      dork [reference.com] - 1. Slang. A stupid, inept, or foolish person. 2. Vulgar Slang. The penis.

      Bush, Sr., was by your own words intelligent,


      But that doesn't prevent him from being inept or foolish.

      fool [reference.com] - One who is deficient in judgment, sense, or understanding.

      Yeah, you described Clinton well there.


      Cute. My side's wise and intellegent, but your side's full of fools and idiots. Maybe you should open your eyes and actually look at these people; there's fools and idiots, wise men and geniuses on both sides.

  14. Thank god... by Anonymous Coward · · Score: 5, Funny

    I was worried about people seeing my love letters to CowboyNeal. That he NEVER RESPONDS TO

  15. ALL e-mail is archived by Toe,+The · · Score: 5, Informative

    Even if they don't look at it right now, they can always change the laws later and go back and read your e-mail then.

    Storage is cheap, and tape is cheap. The one protection you might have is that they only have backups on tapes and that the tapes go bad after a few years. But if they back up onto optical media, they basically have a record of all your e-mails for all eternity.

    Heck, I run a mail server and a backup server for my company. It's really handy when an IMAP user accidentally deletes an e-mail. I can just go back and restore that mailbox for them. Even for something a year old.

    The point is, just because the law says you are safe this instant doesn't mean squat. All that you do is recorded. If you don't like that, then use something like nonymouse.com and/or PGP.

  16. Please stand up... by aengblom · · Score: 3, Insightful

    Has anyone actually accomplished anything through e-mail? (Other than enlarging appendages, of course)

    I think this amounts to more of "ignoring the massive amounts of nothingness" than a privacy win ;-)

    --


    So close and yet so far from the world's perfect ID number
    1. Re:Please stand up... by cK-Gunslinger · · Score: 3, Insightful


      Maybe, but that's kinda like saying that the majority of phone calls are personal and of no consequence to national security. That may be true, but you still don't want anyone listening in. Privacy is privacy. Would you let the government put a camera in your house, even if it was only trained on a dusty corner of the floor? Just because the information is inconsequential, doesn't mean its not yours alone.

  17. the best part about this story by vena · · Score: 2, Funny

    is that i can't spell AT ALL and the editors fixed all my mistakes :)

  18. Great news! But why am I still worried? by HawkinsD · · Score: 5, Informative
    This is indeed wonderful news, and can be taken as a victory for people who worry about the potential for the abuse of this kind of aggregated personal information.

    But there are still many, many other ways in which personal information is aggregated and analyzed, without the benefit of an oversight committee, or even significant regulation. So I'm still worried.

    And I have another creeping worry: what if convicted felon Poindexter might have actually done some good with his (admittedly grotesque, and probably wildly impractical) database?

    I mean, I'm always the first to howl about how those who give up freedom to gain a little security deserve neither, but does anybody else wonder about this? I mean, things are getting a little tense in the world these days.

    --
    Never attribute to malice that which can be explained by mere idiocy.
  19. Considering... by nyc_paladin · · Score: 2, Insightful

    that corporations already monitor emails and internet activity of their employees where most people log on to the internet. This may not mean much except for those with AOL accounts.

    --
    All that is necessary for the triumph of evil is that good men do nothing. --Edmund Burke
  20. not quite... by joebeone · · Score: 2, Insightful


    This can still be over-ridden by an executive order of the president... which sounds likely in the "name of national security" and our orange alert level.

  21. What I really want to know is... by Anonymous Coward · · Score: 5, Funny

    [text removed by line eater v9.3 - thanks for shopping with the NSA!]

  22. Wonder what the Whitehouse thought? by joebagodonuts · · Score: 2, Insightful

    The action was praised by Democrats and Republicans and by outside groups on both the political right and left.

    Nice to see some soundness of mind (for a change)

    --
    "Give a woman two glasses of wine and some pad thai, and they'll agree to just about anything." the Sports Guy
  23. Congress doesn't care about you by jpnews · · Score: 5, Insightful

    They care about themselves. The executive branch is increasingly refusing to even CONSULT with Congress regarding these admittedly outrageous plans. But you'd be wrong to think that they're blocking this because they give a shit about your rights. They just want to be included... to make sure they have a hand in everything. In this case they're just exercising their right to refuse to fund ANY project in an attempt to get the WH to play ball with them. Otherwise they're going to take their ball and bat and go home, I guess.

    1. Re:Congress doesn't care about you by Anonymous Coward · · Score: 4, Insightful


      Senators and Congresspersons are just as vulnerable to these insane surveillance proposals as anyone else. And since the military is answerable to the executive branch, if I were a minority member of Congress (Democrats now, perhaps the Republicans in four or eight years) I would be particularly worried that these tools would be used to prop up whomever held the White House, now or in the future. They're just as concerned about their rights as you are about yours.

      I've known a few Representatives; they really do try to do what they consider as best for their constituents. Sometimes, it's just that the most visible of their constituents are big corporations and special-interest groups. But they're certainly not interested in giving up their rights to some giant Pentagon surveillance apparatus any more than you are.

  24. Pessimistic by Bendebecker · · Score: 3, Insightful

    'agreed not to allow email surveillance of American citizens'
    Maybe they did it not in the interests of the public but simply because they don't want the FBI reading their email. It just seems more likely to me that, as a group, they are motivated more by self-interest than anything else.

    --
    There's a growing sense that even if The Future comes,
    most of us won't be able to afford it.
    -- Lemmy
  25. Uhmmm.... what are "lawful" military operations? by mark-t · · Score: 2, Interesting
    From the article...
    The program could be employed in support of lawful military operations outside the United States and lawful foreign intelligence operations conducted against non-U.S. citizens.
    I'm a little fuzzy on what "lawful" military operations could possibly mean... Almost any military operation would be illegal in a country that it was being performed upon. For example, in countries that offer their citizens a right to privacy and security of person, I can't see how something like this *would* be legal in those countries.

    I have a middle-eastern last name, does that mean I'm going to be watched?

    I would say more, but I'm liable to start on a rant that could start a whole mess of arguments I'm not interested in pursuing.

  26. Re:Meanwhile... by jazman_777 · · Score: 2, Funny
    But hey, anything goes as long as you can make the public vagely believe, or even not dispute too much, that it'll help them get Osama Bin Laden.

    Who? Didn't Hussein blow up the Maine, shoot Archduke Ferdinand, stage the Munich Beer Hall Putsch, invade Poland, sneak attack Pearl Harbor, drop nukes on Japan, invade South Korea, cause the Gulf of Tonkin incident, run drugs into the US via Columbia, blow up the Marine barracks in Beirut, and shoot down TWA 800?

    --
    Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
  27. Big Brother never Sleeps by jazman_777 · · Score: 3, Insightful

    The price of liberty is eternal vigilance. Most of us are snoozing while Big Brother is hatching all sorts of nefarious plots to own us.

    --
    Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
  28. not too sure... by vena · · Score: 5, Interesting

    i was under the impression that you cannot prosecute people for acts committed before they were made a crime. anyone have any info on that?

    1. Re:not too sure... by Pharmboy · · Score: 5, Informative

      i was under the impression that you cannot prosecute people for acts committed before they were made a crime. anyone have any info on that?

      It called "ex post facto" and it is a major part of the US Constitution. No law can be passed to make that provision irrelevant either, it would take a Constitutional amendment to. Ex Post Facto (latin, roughly translated: after the fact) is one of the basic parts of our freedom, and what seperates us from non-democratic societies.

      The goal of the FBI in wiretapping isn't to arrest terrorists, its to find out what is being planned and attempt to prevent or derail it. Many of these individuals *could* be exported as enemy combatants anyway (quietly, Im sure) if they are not US citizens.

      Doesn't make it right to wiretap everyone, but that is the goal.

      --
      Tequila: It's not just for breakfast anymore!
    2. Re:not too sure... by knobmaker · · Score: 3, Insightful

      I hate to say it, but I would characterize your definition of "ex post facto" as the reassuring version. What I worry about is the redefinition of crimes that already exist. For example, treason is currently illegal. It seems all too plausible to suppose that at some future date, acts which are not now considered treasonous may be redefined as high crimes. In fact, an argument can be made that this has already happened in the case of the so-called American Taliban. That poor confused idiot went over there to fight the infidels for Allah back when our government was praising the Taliban for stopping opium cultivation. Our government was cheerfully giving those freaks over 40 million bucks and a bunch of attaboys.

      Next thing he knows, he's arrested for treason, even though it's really doubtful he had anything to do with the terrorist attacks, and so far as I know, no one saw him shooting at Americans.

      I know, I know. It would still be unConstitutional to arrest a citizen for things that weren't technically illegal when he did them. Unfortunately, this seems not to matter too much to the Justice Department these days, since the Supreme Court has become a rubber stamp for various political agendas. Expedience seems to be more important than justice. After all, We're At War tm.

  29. Action by faeryman · · Score: 3, Informative

    This is a good step!

    I just got done writing 4 letters to my Congressmen about the Pariot Act 2 and war with Iraq. I know it is easier to post online about how something should be done, but it only took about an hour to go out, get stamps and envelopes, and write.

    Perhaps take this as a chance to thank your Senator/Representative for voting against this (if they did!), and maybe even let them know your views on the Patriot Act 2, etc.

    Find your Senator

    Find your Representative

    --


    ,
    faeryman
  30. Correct me if I'm wrong by Timesprout · · Score: 4, Interesting

    but this acticle only says a provision has been made that the surveillance information is not to be used against American Citizens and the bill is likely to pass unless Bush vetoes it or the spending is not approved.

    The only obstacles to the provision becoming law would be the failure of the conferees to reach agreement on the overall spending bill in which it is included, or a successful veto of the bill by President Bush.

    Is therefore safe to assume the Pentagon feels entitled to surveil the rest of the worlds population on the off chance they may spot a terrorist at some point ? I'm not trying to flame here but the article seemed a little short on fact and I am unclear as to the levels of surveillance the bill supports in its current form. If I understand it the overall plan has not actually been killed, just subjected to more congressional oversight and currently exempts American Citizens

    --
    Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
    What truth?
    There is no dupe
    1. Re:Correct me if I'm wrong by praksys · · Score: 3, Insightful

      Is therefore safe to assume the Pentagon feels entitled to surveil the rest of the worlds population on the off chance they may spot a terrorist at some point?

      Yes they do feel entitled, and they have been doing it for some time - at least since the end of WWII. How do you think they get all those voice intercepts that have been playing at the UN recently?

      Really it shouldn't be that surprising that the rights established by the US constitution, or US legislation, don't apply to non-citizens who are not in the US. It would be kinda weird if they did. The US is not the world government yet.

    2. Re:Correct me if I'm wrong by El+Cubano · · Score: 2, Interesting

      Is therefore safe to assume the Pentagon feels entitled to surveil the rest of the worlds population on the off chance they may spot a terrorist at some point ? I'm not trying to flame here but the article seemed a little short on fact and I am unclear as to the levels of surveillance the bill supports in its current form. If I understand it the overall plan has not actually been killed, just subjected to more congressional oversight and currently exempts American Citizens

      That is correct. The DOD is tasked with foreign intelligence collection (authorized under the U.S. Code, but I don't remember the section). They are specifically prohibited from collecting any intelligence ON or ABOUT any U.S. Citizen, resident, or corporation/business by the 4th Amendment, another part of the U.S. Code (don't remember which) and DOD Regulation 5240.1R

      Each branch of the military also has its own regulations that take into account specific situations pertinent to that particular branch

      To collect any intel on or about a U.S. citizen, resident, or business, the collecting activity requires a waiver from the Attorney General, which is not easy to come by. Of course they could always collect first and ask for permission later, but unless they can prove that collecting that intelligence on that person helped avert a major disaster (like an assasination or destruction of a military base) then you are in very deep s#@!.

      Thus, the DOD would need legislative backing to legally collect intelligence on U.S. citizens. This looks like it could be winner on that.

  31. For once, a reason to thank my senator by hether · · Score: 4, Interesting

    According to a slightly more inclusive NYTimes article I read on this earlier today, one of Iowa's senators - Charles Grassley - co-sponsored the bill. I wrote him a letter this morning thanking him for it. It's the first time ever I've felt like I had a reason to do so.

    I appreciated his quote from the article,

    "Protecting Americans' civil liberties while at the same time winning the war against terrorism has got to be top priority for the United States. Congressional oversight of this program will be a must as we proceed in the war against terror. The acceptance of this amendment sends a signal that Congress won't sit on its hands as the TIA program moves forward."

    --

    Most people would die sooner than think; in fact, they do.
  32. WHAT THE FSCK? by Eric_Cartman_South_P · · Score: 3, Interesting
    So the US Government can't tap e-mails of suspected terrorists, but the RIAA can drag you into court just because they say they have a .txt file to "prove" you downloaded stuff.

    Greeeeeeeeeeat. I LUV this country.

    1. Re:WHAT THE FSCK? by praksys · · Score: 2, Interesting

      So the US Government can't tap e-mails of suspected terrorists...

      Not quite, it just means that they still need to get search warrants before they start reading their e-mail (inside the US anyway - once it leaves the US it's fair game for the NSA).

  33. Greetings, from most of the world by feed_me_cereal · · Score: 2, Informative


    In most of the world we call different standards for different classifications "different standards".

    Not double standards.


    Uh... not in my "most of the world". Not in Webster's Dictionary's "most of the world" either:

    Main Entry: double standard
    Function: noun
    Date: 1894

    a set of principles that applies differently and usually more rigorously to one group of people or circumstances than to another; especially : a code of morals that applies more severe standards of sexual behavior to women than to men


    One group would be americans, another group would be foreigners. Double means you have two specific standards and the contradiction is when you purport them to be general.
    --
    "Question with boldness even the existence of a god." - Thomas Jefferson
    1. Re:Greetings, from most of the world by aengblom · · Score: 2, Insightful

      Your dictionary ruins my post. You're no fun. Slashdot is not a place for "facts". Please leave! :-)

      No, but seriously, I think there is something missing there. A double standard is a standard which is applied inconsistently among consistent parties. (It's a double standard if men and women are treated differently in the workplace because they should be judged on their ability to do their job. It's not a double standard to have more stalls in a womens bathroom, because it actually takes longer per person to do ones duty . )

      Because States are -- at their most basic levels -- cooperatives to protect the security of a group of people, then one would reason that it is quite legitimate to gather intelligence about other "cooperatives" because they are not "consitent" (They differ in a way that is relevant to the standard). On that basis, I have very relevant differences from the British person.

      Now, if the U.S. demanded other countries to cease their spying -- THAT would be a double standard.

      --


      So close and yet so far from the world's perfect ID number
  34. Does this mean I can stop running spook? by Rocko+Bonaparte · · Score: 5, Funny

    All of my friends have been asking me why I keep randomly throwing spy USCOI Mena bluebird virus Sears Tower electronic surveillance Vince Foster White Water ASPIC industrial espionage Semtex CBNRC Mossad Juiliett Class Submarine all these strange words into my emails. It's from spook, a military asset class struggle AUTODIN Mafia MDA genetic cryptographic South Africa Crypto AG keyhole Rubin Medco eavesdropping Chobetsu little emacs script that adds high-risk words to my emails. The theory is, the extra traffic of false-positives will overwhelm any Steve Case North Korea Cohiba computer terrorism PGP SCUD missile AIMSX ARPA CISU arrangements class struggle chameleon man ISEC security espionage effort by the government to gamma Uzi FIPS140 bemd assassinate CDMA ANDVT Elvis USCODE 22nd SAS threat Bletchley Park colonel industrial espionage csystems monitor email traffic.

    Does that mean I can stop doing this now? My coworkers think I chameleon man SWAT PGP JFK ANZUS top secret Cohiba USCODE Delta Force ASDIC virus assassination Noriega World Trade Center cryptanalysis have Tourettes.

    --
    No I'm not trolling.
  35. Doesn't Go Far Enough by PingXao · · Score: 2, Insightful

    What scares me about all this is that in the future they can start this activity by just repealing the legislation that prohibits this surveillance in the first place. Someone needs to step up and get a consensus that this is flat-out unconstitutional and declare it as such, and make it clear that this kind of surveillance will never be allowed. Furthermore, anyone who proposes such a program should be expelled from the House or the Senate for violating their oath.

  36. Darn it all! by Iakona · · Score: 5, Funny

    I was hoping to send some nice emails in arabic like:

    Jihad to Microsoft! Linux has risen in an explosive blaze of fury! I like VX works. Food tastes good with ricin it. Death to BUSH using new hedge trimmers. 90% off swedish made penis enlargers! (Which is what they're really looking for)

    --
    I'm not a real doctor, but I recommend beer.
  37. I hope this doesn't mean... by skirch · · Score: 2, Interesting
    I hope this doesn't mean that they're going to stop cranking out creepy logos!

    http://www.computerbytesman.com/tia/

    (Link for creepy logo only! Well, the cached pages are kind of interesting too.)

  38. Americans ?! by Anonymous Coward · · Score: 5, Interesting
    House and Senate negotiators have agreed that a Pentagon project intended to detect terrorists by monitoring e-mail and commercial databases for health, financial and travel information cannot be used against Americans

    So, American agencies have some limitations on how they may spy on American citizens. Likewise UK agencies may not spy on UK subjects. Fair enough, until those two agree to swap notes, so US spies on Brits (freely and legally) and the Brits spy on the yankees (freely and legally).

    I think we need some international treaty, on the level of the Geneva convention, that limits the sharing of "intelligence" information to the level that would have been legal to obtain if it had been done by local authorities. And strong (death?) penalties to those who break the convention.

    Well, I am (still?) allowed to dream...

  39. yea, right by frovingslosh · · Score: 2, Insightful

    So now they are not even going to admit they read our e-mail?

    --
    I'm an American. I love this country and the freedoms that we used to have.
  40. So Ashcroft wants to read my email? by jmorse · · Score: 2, Funny

    If he really wants to read my email, I'm going to sign up for all the pr0n spam I can get. Let that puritanical a$$hole freak show and his Christian Soldiers(TM) sort through all the live cams, teen fetishes, fisting sessions, and goatse.cx pics they can get :)

    --

    "You done taken a wrong turn."
    -Bill McKinney, in Deliverance
  41. Re:Hilarious by symbolic · · Score: 5, Interesting


    One thing we've seen, is that terrorists are not stupid. Does Lt. Cmdr. Sewell really think that terrorists will communicate important details through e-mail? I suppose that if the threat of being discovered is there, it's less likely to be used, but there are varied ways of communicating that are not easy to track.

    What worries me is that U.S. 'intelligence,' is taking the view that technology (and the invasiveness that comes with it) will offer a panacea to the current terrorist threat. I'm probably not the first to remind anyone that even WITH all the technology currently utilized by the US military, it has still been unable to bring down a man who lives in caves.

    I agree with you...it's not a question of if, but when the current data surveillance/collection efforts will be repurposed to suit some other, unrelated interest.

  42. What happened to this forum? by fjm03 · · Score: 5, Informative
    I seldom reply on this forum but I couldn't resist.

    Apparenlty few read the article (including the poster) before replying.

    If all take a moment to read any of the 3 articles published today reporting the conferees agreement, it should be clear that the agreement does not prohibit surveillance of electronic communication between US citizens.

    The agreement addresses the use of the data collected in prosecuting citizens and includes congressional oversight of further funding and reasearch but does not prohibit the evesdropping.

  43. In a word . . . by The+Angry+Mick · · Score: 5, Funny
    -----BEGIN PGP MESSAGE-----
    qANQR1DBwU4DFRm5nWRHfUAQCACvS5Q/HAkmsluEsbKSFhwvoK T8/qTNhyumTtQ3 qiROtkgFWoHI7hEzNBx8EBi+ckDUh6LHwhbMEvaRHrgCpCwOQU NJtGODdRRkC9Sp vGVToEJBsxTNEWFB6uKqxh8wZmzwCNY9f8ZZ8MF0LNbkRHsv0i T+4hVf9S3e5N4r GQZBf0vaBgcI/JeC2pnQxiPgxXm/GMhuDlAwPzTZzHxRSvXaJL XSQ2hd6d1FZ204 6za1gkqAE7kK/ewJNKAdJ+bDaapgXEvI72sLNVZp4Vr+xbdM9d mstUCzf3lWxLrc 2yajd3dAR4IvtgPlVocWQ0UHkhKQ+0u+aFaVDS8xb0Rm+DpcB/ 9atVjsBhkjGxrs GacSLX2KKlRhWDvHwwjc4iUPvKCpQ6Ksl2BJZL/pwzoPE1RpB7 70pj37VGHTCAZs Xocqbsmu+0oauT/ZMvzIvZR3QbopiEVLT3eBfp7mZBTfVYIkZh acPD9UQjoIzFNa F/n7QdZrx1jdtITBB7ywr3gkPTdbOOz2leXyETJ6b65Z8gb83f DDec/CMM8Va3av uIczXvBXcYEVE01IZL+m17E0aXSbqE9iBPoXpGuMSoeLZjyJMJ BKDfLMu/nCj2Pc NQjT7j4ElprPpmAeenEVguXvWMW2lZ9jDmy3U0a9eAgnh4VSpt X+ReIf5emolQBR 4zo3VVNRySDViNTepXLCysx3UFp7NrId2BlujK+Gwn6wxLJCVt 6HBA== =yw4b
    -----END PGP MESSAGE-----

    No.

    --

    I'm not tense. I'm just terribly, terribly, alert.

    1. Re:In a word . . . by Anonymous Coward · · Score: 2, Funny

      It took that much junk just to say "No." in PGP? What a crappy language. Worse than perl.

    2. Re:In a word . . . by Anonymous Coward · · Score: 4, Funny

      Yeah, but it's slightly more readable than Perl at least.

  44. Dont Jump To Conclusions by nurb432 · · Score: 2, Insightful

    While this may seem like a victory for personal privacy, lets wait until the war starts to be sure it sticks.

    Congress has been known to often go back on their decisions, when the american peoples rights are concerned... and rarely the correct direction.

    --
    ---- Booth was a patriot ----
  45. I don't get what the big deal is... by Not+Quite+Jake · · Score: 3, Funny

    I really don't get it when it comes to the big fuss over this Total Information Awareness. The structure to do it is already in place and it comes in two forms, AOL and AIM. All the government has to do is set up an account, add everyone to their buddy list and hire some goons to check away messages, you always know where people are by their away messages. How easy is this, and it's free too!

  46. Re:A sigh of relief by chronus22 · · Score: 2, Interesting

    I wouldn't break your pom poms for government out quite yet. Essentially, when laws that hurt the masses get rejected, it's because they hurt the elites as well. The reason this one got killed is because the people who make laws would have been hit hard too. They have as much to lose as we do when it comes to privacy. When laws that benefit politicians start getting turned down (e.g. they kill the DMCA despite risking a loss of RIAA donation money), then perhaps we can celebrate.

  47. The New Cold War by peripatetic_bum · · Score: 3, Interesting

    I was thinking about this this morning after my mom called up and was worried because bush wanted everyone to have 3 days of supplies. This is probably what it felt like to live in the 50's. The old duck, and cover.

    Anyway, What I am saying is that now only is this the new cold war, but the Old Cold War Warriors are back witha vengence. Rumsfield, McNamara.

    The only good thing I can see about all of this is that the country will experience another revolution (like the 60's following the 50's) and maybe this action that congress took is a first step.

    I would like to hear comment from the rest of you

    --

    Sigs are dangerous coy things

  48. yeah, but... by interactive_civilian · · Score: 4, Funny
    Smallpond said:
    Maybe they can find a good military officer, a colonel maybe, to make those reports to Congress.
    Sounds like a great idea, but what if he panics???

    ;)

    --
    "Empathise with stupidity, and you're halfway to thinking like an idiot." - Iain M. Banks
  49. The Monsters are Due on Maple Street by Poeir · · Score: 2, Informative

    Off-topic, but I hadn't seen that episode of The Twilight Zone, so here's a synopsis for others who haven't:

    TVGuide: "March 4, 1960: The Monsters Are Due on Maple Street: Total power failure in a neighborhood sparks suspicions that it was caused by an alien invasion -- and that one walks among them."

    Here is a reasonably good synopsis.

    And now, on-topic: Terrorists target governments, not citizens. However, the best way to attack a government is to let other people do it for you, and the best people to do that are the citizens of that country. The IRA was after the British government. The 9/11 terrorists were after the US government. The civilians are a means, not an end. (I should, however, note that there may be some exception with respect to Israel and Palestine, but don't regard this topic too highly, as it's only here so at least some of my post is on-topic.)

    --
    Sigs are like bumper stickers.
  50. And did congress stop Poindexter last time? by surfcow · · Score: 2, Interesting
    "The Star Tribune reports the House and Senate today agreed not to allow email surveillance of American citizens proposed by the Total Information Awareness program. Additionally, negotiators agreed to halt all future funding on the program without extensive consultation with Congress."

    Pointy's resume says it all: "finds innovative solutions to difficult problems". What's to innovative about lying?

    =brian
  51. Anthrax? Snipers? by MacAndrew · · Score: 2, Interesting

    Thank goodness for the handful of sensible people in Congress. When the Patriot Act sailed through with only one dissenter in the Senate (Feingold/Wis.) I wondered whether I had lost my mind.

    You might point out that we have had no real acts of domestic terrorism since September 2001. True.

    You probably don't live in the DC area, but we remember the anthrax attacks following 9/11. Still unsolved, aren't they? Then we had these bastard snipers killing a dozen unsuspecting people ... one at a time ... over a period of weeks. When you find yourself wondering whether you're taking a risk by opening the mail or merely standing outside, you have problems. You have terror.

    Mentioned rarely, these attacks were likely all the work of Americans. So was Oklahoma City. The closest thing to a 9/11 follow-up was the "shoe bomber" Reid, a British subject. (Apparently they're worried about him in jail.) Hunting for "suspicious foreigners" would have done no good in any of these. Nor would the unpatriotic Patriot Act. I'm not certain what would have helped, but I am sure they're headed in the wrong direction, enacting the longtime wish list of certain interest groups without regard to the present problem.

    We don't want to live in a police state, both because it would suck and because the terrorists would love it.

    Now we have a code red or orange or tangerine, I forget, isn't that dandy. I understood the defcon system better.

  52. Not really going away by Marijuana+al-Shehi · · Score: 2, Interesting
    ...agreed to halt all future funding on the program without extensive consultation with Congress.

    Who needs Congressional funding? Poindexter can just smuggle drugs instead. It worked for the CIA and Las Contras, whom Poindexter was inextricably associated with during the free-flowing cocaine days of the 1980's. But hey, I can see why nobody remembers any of this, what with the more important stories like the President's blow job, the numerous baby-fell-in-the-well stories, O.J., Jon Benet Ramsey, Martha Stewart, etc...

    --
    "I think all foreigners should stop interfering in the internal affairs of Iraq"
    -- Paul Wolfowitz, 7/21/2003
  53. This neatly covers those two in one article... by pla · · Score: 2, Interesting
    Read This.

    I'll quote the first paragraph:

    On November 1 Green Party USA activist Nancy Oden was prevented from boarding a plane to Chicago at the Bangor, Maine International Airport and temporarily detained on orders of military personnel stationed at the airport. Below is an account of what happened by Nancy Oden herself.

    Does that answer your specific questions?
  54. I like UserFriendly's take on it... by Kjella · · Score: 2, Interesting

    You can see it here. Also, there's lots of encrypted communications programs or file transfer programs out there, if you feel the need for it. Stenograhy works too. Bin Laden was sending people to aviator school. Why wouldn't he be sending someone to do a CS degree in encryption and stenography too?

    You may keep strong encryption out of the hands of the general public, because they have no real interest in it. But for a determined group, the cat is out of the bag many years ago. Throwing together some AES + SHA + Diffie-Hellman reference code I could probably make a secure tool before the end of business today. And I'm hardly an expert on the subject...

    Kjella

    --
    Live today, because you never know what tomorrow brings
  55. Re:John Poindexter by edgarde · · Score: 2, Interesting
    Is retired Adm. John Poindexter indispensible to this project? That's like saying the monster one builds from grave robbings is simply incomplete without the brain of a confirmed felon.

    I really wonder about the sincerity of legislators passing legislation that specifies how Poindexter shall not abuse the power he's given in the same law. Naivete doesn't explain it as well as plausible deniability.

    They should either remove Poindexter, or just admit he has the keys to our bedrooms and can be expected to take photos.

  56. ECHELON anyone? by FrankieBoy · · Score: 2, Interesting

    The ECHELON system has been doing this for years so this rejection makes little difference.

    Here's some background taken from the ECHELON FAQ at www.cipherwar.com:

    The Scientific and Technical Options Assessment program office (STOA) of the European Parliament commissioned two reports which describe ECHELON's activities. These reports unearthed a startling amount of evidence, which suggests that ECHELON's powers may have been underestimated. The first report, entitled "An Appraisal of Technologies of Political Control," suggested that ECHELON primarily targeted civilians.

    This report found that:

    "The ECHELON system forms part of the UKUSA system but unlike many of the electronic spy systems developed during the cold war, ECHELON is designed for primarily non-military targets: governments, organisations and businesses in virtually every country. The ECHELON system works by indiscriminately intercepting very large quantities of communications and then siphoning out what is valuable using artificial intelligence aids like Memex to find key words. Five nations share the results with the US as the senior partner under the UKUSA agreement of 1948, Britain, Canada, New Zealand and Australia are very much acting as subordinate information servicers.