Posted by
chrisd
on from the law-and-technology dept.
cf_33073 writes "Scary stuff for the privacy advocates out there. Your Internet telephone conversations may soon be tapped by the government. Anyone else concerned about these intercepts being hacked?
Full text of the
RFC
Is available (mirror)"
Re:Unpopular, I know...
by
Geekenstein
·
· Score: 4, Interesting
No, actually the Constitution does not give the judicial branch of government the power of review.
From the Court's website (supremecourtus.gov):
"While the function of judicial review is not explicitly provided in the Constitution, it had been anticipated before the adoption of that document. Prior to 1789, state courts had already overturned legislative acts which conflicted with state constitutions. Moreover, many of the Founding Fathers expected the Supreme Court to assume this role in regard to the Constitution; Alexander Hamilton and James Madison, for example, had underlined the importance of judicial review in the Federalist Papers, which urged adoption of the Constitution."
John Marshall, the first Chief Justice established the precedent of judicial review, and it has since become custom as strong as written law. The court's purpose has always been to interpret and explain the laws of the country, but if they put the kibash on something as unconstitutional, it becomes by decree unenforceable under the law(the court being the embodiment of law in the country).
Class dismissed.:)
Re:Welcome to intercept PGPfone
by
ronaldcromwell
·
· Score: 4, Interesting
Is Crypto getting secure to the point that we don't have to worry about anyone decrypting our communications? As open-source solutions become more and more viable, will networks like Freenet set the standard in the future for those of us who actually give a rip about privacy? Are we doomed, or is there a light at the end of the tunnel?
does this mean that I'll have to start purchasing technology from other countries to keep my own government from snooping on me?
Ray Kurzweil also thinks so .
No, actually the Constitution does not give the judicial branch of government the power of review.
:)
From the Court's website (supremecourtus.gov):
"While the function of judicial review is not explicitly provided in the Constitution, it
had been anticipated before the adoption of that document. Prior to 1789, state courts had
already overturned legislative acts which conflicted with state constitutions. Moreover,
many of the Founding Fathers expected the Supreme Court to assume this role in regard
to the Constitution; Alexander Hamilton and James Madison, for example, had underlined
the importance of judicial review in the Federalist Papers, which urged adoption of the
Constitution."
John Marshall, the first Chief Justice established the precedent of judicial review, and it has since become custom as strong as written law. The court's purpose has always been to interpret and explain the laws of the country, but if they put the kibash on something as unconstitutional, it becomes by decree unenforceable under the law(the court being the embodiment of law in the country).
Class dismissed.
Is Crypto getting secure to the point that we don't have to worry about anyone decrypting our communications? As open-source solutions become more and more viable, will networks like Freenet set the standard in the future for those of us who actually give a rip about privacy? Are we doomed, or is there a light at the end of the tunnel?