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EFF's Cindy Cohn Talks About Patriot Act II
digidave writes "Techfocus.org has an interview with EFF's Legal Director Cindy Cohn, where she talks about the Domestic Security Enhancement Act, or 'Patriot Act II'. She talks about what the act is, how it might infringe on your freedoms, where it does right and how ordinary people can make a difference."
Techfocus recently conducted an interview with Cindy Cohn, Legal Director of the Electronic Frontier Foundation, focusing on the impending debate and strong possibility of enactment of the Domestic Security Enhancement Act, or 'Patriot Act II.'
Cindy Cohn has worked intensively on issues relating to online privacy and security, one notable case being her work on the U.S. v. Sklyarov case, which found Russian programmer Dmitry Sklyarov jailed in the US after speaking on security lapses in Adobe's eBook format. Ultimately cleared of wrongdoing, the programmer and his employer (Elcomsoft) are prime examples of where the EFF and Cohn are making a difference. Other notable work includes Bernstein v. Dept. of Justice, a successful case which tested the legality of encryption exportation - and validated the premise that source code is protected under the First Amendment.
Note: Based on the nature of the interview, we have provided the a reference list for readers, which translates the acronym to the actual name. You can view the list in a smaller pop-up window by clicking here
"Under the current draft of the Domestic Security Enhancement Act (DSEA), the Freedom of Information Act is curtailed, allowing the federal government to restrict more documentation of government activities and actions. What are some examples of situations where having the Freedom of Information Act has helped the public?"
It's hard to know where to begin with this one. I think about it in reverse -- what would happen if we didn't have access to what the government is doing? FOIA creates a default rule of accountability that keeps the otherwise secretive government bureaucracy on its toes. It's impossible to be scientific about it, but I believe the fact that sooner or later a decision made will end up on CBS news, TechFocus or even Slashdot probably prevents more stupid and improper actions than all the regulatory laws and policies put together. Sunshine is the best disinfectant.
For specific examples, recently I've heard excerpts from the tapes of Nixon during the Watergate period, which I believe were released after a Freedom of Information Act (FOIA) request. But the best evidence for folks concerned about online issues is the FOIA gallery. David Sobel and his colleagues have done amazing work over the years using FOIA. Just in the past year they've unearthed information about a Transportation Security Administration model for profiling passengers, mistakes in use of both the Carnivore e-mail surveillance system and the Foreign Intelligence Surveillance Act and the government's purchase of information about people from Choicepoint (.pdf), the private profiling service. And that's just this year.
Expanded search warrant powers
"As currently written, the DSEA would make it possible for investigators to attain a search warrant usable anywhere within the country, if the subject is allegedly involved in computer 'hacking.' Currently this is limited to violent offenses - what computer hacking events have the current restrictions failed to curtail, and what sort of precedent would this set by equating computer hacking with violent crime?"
View legal reference window
This provision continues one of the most egregious problems in the original USAPA -- the fact that it ranges far beyond issues related to terrorism and instead appears to be just a law-enforcement wish list. There has been no indication that computer trespass played any role in the 9/11 attacks, or any other act of international terrorism. Yet both USAPA and DSEA (which I call USAPA II) continue the relentless march to increase the scope of the law, to increase the penalties and to reduce the checks and balances against misuse of the law.
But to answer your question, I'm not aware of any situations in which the requirement that search warrants under the federal computer trespass statute (called the Computer Fraud and Abuse Act or CFAA) be obtained in the same way as all other search warrants has frustrated a law enfo
And if you don't comply with the Patriot Act, we'll intercept your communication with a Patriot Missile!
is it gonna be a 3 part trilogy? or are they going to start doing prequals just to make a bit more money?
"If I anger a tech support person at my ISP, that employee can maliciously turn over my personal information to the government and I could very well end up being prevented from getting on an airplane or, worse yet, improperly arrested"
:P
HAH! That will teach people from abusing us poor tech support slaves. Finally. This could put an end to all of the people that call us and scream bloody murder & death threats about us because we explain that printer problems are outside of the ISP's scope of support.
Be nice to us - we could send Motherfuckin' Guido after you!
"How can everyday citizens make a difference on this issue? Who can they contact, and what are their best options for protecting their privacy?"
Of course they can. In fact, they are the only ones who can. It's through pressure from constituents that folks like Sen. Wyden and Sen. Grassley get the message that they need to stand up to the Administration's excessive proposals and that they will have public support if they do. Put the pressure on and keep it on. And while using our activism engine is useful, don't stop there. Go visit your representatives, talk to them about it. And do the same for members of the Administration when you can.
I posted a few days ago about Getting Involved in the Political Process. This is yet another reason to get involved!
Man Gets 70mpg in Homemade Car-Made from a Mainframe Computer
In the Declaration of Independence, it says that the only purpose of a legitimate government is to protect the rights of its people. Therefore, the U.S. government is not being "legitimate" right now. Serioulsly though, the biggest terrorists are the ones trying to take are personal liberties away because of some vague threat, some idea of dissent. "To criticize your country is to give a hearty handshake and pat on the back" said one guy whose name I can't remember, but it sure is true.
One day we are going to wake up, and wish we were living in Singapore. Slowly we are losing all of the freedoms and rights that make great innovations possible. The Dark Ages are coming ... great thinkers and great innovators cannot function in a society of fear.
Bush, the closest thing to fascist we've ever had.
Just remember what it was like 3 years ago: Economy was good, we had jobs, the President was brokering peace between Israel and Palestine, and our biggest worry was that the President had consentual sex with his adult intern. Oh my.
Today: Economy is crashing, > 6% unemployment
rate is common in urban areas across the country, we're in a questionable and bloody war for oil, the same people who bolstered Saddam into power are in control today, Israel and Palestine aren't even on the map, the Bush administration is silencing political critics, and the government wants to investigate your private life to make sure you are not a terrorist, headed by Big Brother himself.
So much has been lost in just 3 years.
Who will monitor the monitors?
Who will liberate the liberators?
Patriotism is an act that people take in loyalty to their government. For example, joining the National Guard is a patriotic act. Dictionary.com gives the definition for patriotism as:
Patriotism is an attitude of the individual to the country. Patriotism does not come from the government to the people.
The fact that some many things are coming out of the current administration with the label "patriot" is extremely disconcerting. The consistent redefinition of terms is the hallmark of dictatorship.
Regardless of the merits of the act, the fact that it is mislabeled is cause for concern.
The same is true with the mislabeling of 9/11 as "Patriot Day". The day had nothing to do with American patriotism. The people who died in the terrorist bombing were not acting patriotically. They were being acted on.
Just looking at the definition...the closest thing we have to patriotism on 9/11 is that the fanatics who took over the airplanes held the belief that they were killing Americans for their country and for Islam. Ignoring our own feelings and looking at the words we see that the terrorists killing Americans is closer to the true definition of the word "patriot" than the non action of the victims.
Misusing terms is always a grave cause for concern.
I am not dissing true patriotism. We owe our freedom to people who took the patriotic step to defend freedom. In fact, I would say the misusing of the term is an affront to the true patriot. It dillutes the sacrafices made by American patriots.
I can't help but begin this post with a cynical remark (sorry, but I've had a bad week...) You don't need masses for a job that one man can do... Lee Harvey Oswald thought he was a patriot, too. And the man who murdered Pim Fortyn (a right-wing populist politician from Netherlands; I don't support that kind of politicians, by the way) said he did it for the sake of the country...
Now, what I really wanted to say was, that Josef Goebbels would be proud of the Bush administration's rhetorics. I mean, calling a law that just invites people to be unpatriotic "The Patriot Act"... Another thing that's just impressive was how in the news today, someone from the Pentagon or US government talked about how the Iraqis may have destroyed all their weapons of mass destruction before the war had begun, and he made it sound as if it had been something unspeakable and unheard of ("how dare they?" was the message)...
Please think about it a bit before modding me down. Then my karma at least served some purpose.
Hell is not other people; it is yourself. - Ludwig Wittgenstein
Not only that, see:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
amendment 14, section i. It's fairly exact if you ask me. IANAL.
Since when has this country used intellectual elite as a pejorative term?
What will become of the USA if we allow the Patriot Act to continue suppressing our freedoms? Think "China" or "Chinese society". The Chinese in Singapore regularly ban "The Economist", a reputable journal. The Chinese will throw you into prison for holding a peaceful demonstration against the government.
Note that the Patriot Act curtails the Freedom of Information Act. What happens when government prevents its own citizens from knowing the activities of the government? Think "Chinese government". The Chinese in Beijing covered up the lethal illness called "Sudden Accute Respiratory Syndrome", and this coverup engendered the proliferation of the SARS epidemic to all corners of the globe. Read "China and SARS". Indeed, the majority of Chinese believe that "maintaining social order [is] more important than democracy". This "maintaining social order" means "restricting freedom of speech, press, and assembly". Read "Poll: Hong Kong residents optimistic".
Both Singapore and the USA are modern societies in terms of technology. Yet, most people prefer to live in the USA, not Singapore, because of the openness and freedom in American society. What distinguishes us Americans from the Chinese is our willingness to support freedom of thought and speech and to support openness in our own government. Otherwise, the USA will degenerate into a nation like Singapore or, worse, China.
Read more here.
If you live in the US, please think about how your government tramples on every idea of freedom, peace and democracy and then adds insult to injury by trying to convince you that, indeed you enjoy the freedom to say and do whatever you want.
A democratic regime would never have its president utter the words "with us or against us".
Mother is the best bet and don't let Satan draw you too fast.
Now, 20 years later, I probably would not have done the same were I in those shoes again. Such acts like the Patriot Act, detainings of people -- many times US Citizens themselves -- on the basis of race, under no basis for charge, new onerous immigration restrictions that make even getting a tourist visa about as easy as winning the lottery if one is unlucky enough to be from a country that's not western European, and other such hypocritical erosions of the consitution have turned me off.
Japan is not perfect, mind you. Its people still have a air of racial superiority about them left from their imperialist warmongering days, and discrimination in employment and all aspects of society is too often blatant for me and other people with too dark of a skin color. But even they don't think of us as criminals without a cause, which is what the US is doing. And I feel free to go about my work without fear that the police may be scrutinizing my every move, trying to "prove" my association with terrorist groups.
In short, I fear that Bush and Rumsfeld have done irreparable damage to the United States' image as a bastion of democracy and freedom in the world. Prior to the crackdowns on people in the US under the veil of 9/11, the erosion of the Consitution, and the invasion of Iraq, the United States held both the military power and the moral authority to enforce its opinions, a right it earned through decades of generally magnanimous acts in support of these causes around the world. Today, all this work has been laid to waste because of the shortsighted policies of George Bush and his advisors. The world views the United States, rightly so in my opinion, as hypocrites. It will take a long time (and most likely a new administration) to change that view for the better.
-- Samir Gupta, Ph. D. Head, New Technology Research Group, Nintendo Co. Ltd., Kyoto, Japan.
*RANT*
It's pretty simple, actually. All this talk of writting your congressmen, protests -- it's all worthless folks.
What WILL make a diffrence is this:
1) Next chance you get, vote all of these clowns out of office. And for those you can't vote out of office since they are appointed (Ashcroft), vote against those that appointed them.
2) Stop spending money! Since politicions that make and pass laws like these are bought and paid for by corporations for the corporations interests, the best way to nip it in the bud is to stop feeding the machine. Since this war has started, I haven't driven my car. Why? Because I haven't bought any GODAMN GAS.
Flame on.
"The Wright brothers were the first to fly with a heavier-than-air machine, but boy did they have a lousy plane"
Hatch officially retracted his move to enshrine the Pat-riot act. But you can bet that fucker is scheming for another chance at it.
When information is power, privacy is freedom.
Apparently Pim Fortuyn's politics were widely mischaracterized in most media after his asassination. You may find there was a lot more to like about the guy than most people outside of the Netherlends was led to believe.
Meanwhile, this whole WMD was so clearly a pretense to start with that I can't help but laugh as the administration squirms. But as a friend of mine said recently, we will find WMD in Iraq - even if we have to fly them in ourselves. Makes you wonder why they even bother to let it drag out for so long. Maybe there is still a modicum of honor in the current administration (still haven't finished reprogramming Powell, perhaps) that they can't quite get the gumption up to start planting the evidence. Either that or things are still too disorganized over there to pull it off without getting caught in the act.
When information is power, privacy is freedom.
Personally, I like this one:
"To announce that there must be no criticism of the president, or that we are to stand by the president, right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public." -Theodore Roosevelt
To the knee-jerk dumbasses: He's a Republican, not a 'crat.
Any sufficiently advanced influence is indistinguishable from control.
Which is exactly why the Second Amendment is critical. It allows We The People to enforce the First Amendment, and the rest as well.
The REAL jabber has the user id: 13196
What you do today will cost you a day of your life
It's hard to know where to begin with this one. I think about it in reverse -- what would happen if we didn't have access to what the government is doing?
Right on sir. All too often we look at government in the wrong direction. The constitution does not "grant us" anything, it is used to restrict the governments domain. Similarly, the FOIA does grant the citizen anything, rather, it stifles the governments ability to engage in clandestine affairs.
This is what makes the patriot act V1.0 so insidious, is that it allows the government to move in a clandestine fashion, and in fact violates the Fourth ammendment. The FOIA is beautiful in it's keeping with the ideals of the founding fathers. It limits the governments ability to act without pretense, clandestinely.
It would only make sense that Patriot Act V2.0 would get rid of such a hindrance to the government.
"Inattention makes clowns of us all" -Bean
If there's no regime change in November 2004, I'm going to put my plans in action for leaving the country. There are better places to live, and if you're young enough and skilled/educated, you can jump through their immigration hoops and get a passport. You know, like what a whole lot of Germans did in the 30s.
IAAL
I'm not flaming you, but I do have a suggestion or two.
First, voting is the *last* thing (literally) you should do to make changes in your political leadership. Voting is the final judgement, but getting involved in the political process is the first thing we should be doing.
I'm not talking about protests or sit-ins or organized campaigns. I'm talking about getting personally involved the EASY way. Call your state, Congressional and Senate reps and make an appointment to talk about 1 issue (this isn't an all-you-can-eat buffet) with the Rep's staffer. Follow up with a brief thank you note and a reminder of what was discussed. Follow up every two weeks with a phone call, and follow up with scheduled meetings as you feel is needed. Rinse and repeat, make it a habit like checking your e-mail.
This isn't rocket science. The methods, tools and customs of political involvement are really old. If you have the intelligence to filter Slashdot comments, you're smart enough to make a political difference.
The only variable here is your commitment to follow through. The EFF can't do it alone.
Peace,
Chuck
...the government needs to know what I buy, what medicine I'm on, who I talk to, who I'm fucking... but not whether or not I own weapons in my home? How does that work, exactly?
My good looks paid for that pool, and my talent filled it with water.
"Government isn't the solution to our problems, government IS the problem"
:)
- Reagan.
Now I know he didn't exactly live up to that promise, but you've got to admit, it sounds good
Whoever came up with "America, land of the Free" probably didn't think it was sarcastic. It's pretty sad when you have to look to Russia and China as beacons of liberty. Oh, they've got their own problems, but if you graph trends in freedom in the US, Russia, and China, it's not a pretty picture. The so-called evil communists are more free now than the've been in 200 years, while we losers in the US are far *less* free than we've been in... well, ever.
Cheers
-b
If I wanted a sig I would have filled in that stupid box.
Apparently Pim Fortuyn's politics were widely mischaracterized [curry.com] in most media after his asassination. You may find there was a lot more to like about the guy than most people outside of the Netherlends was led to believe.
My view of Fortuyn.
Fortuyn was absolutely not a racist or a fascist. Comparing him to Le Pen or so (extreme right wing in France) is stupid. He pointed out there were problems with integration of foreigners in the Netherlands. Well, duh.
But he was a populist. He had great charisma, was a great public speaker, and continuously made the current politicians look ridiculous. He also had a great talent for pointing out problems. The problem was that his "solutions" were extremely vague, naive, brutal and unlikely to work. But what does that matter, the man looked good on tv!... He went from nowhere to a quarter of the poll votes in no time.
Some left wing nut panicked and shot him. This was easy, bodyguards were unknown in Dutch politics, we had a PM that came to work on his bicycle. It's very sad. Love him or hate him, the Fortuyn show was cool to watch.
And there's no way he could have made it as a US politician, btw. He was so blatantly homosexual... there was a tv interview in which he intimated that his boyfriend's sperm tasted differently depending on what he ate the evening before. The fact that everybody considered this obviously irrelevant to politics, and no politician tried to attack his personal life is an important reason why I still love this country.
I believe posters are recognized by their sig. So I made one.
The Patriot Act. (Satire)
--This sig is in beta. Please let us know abut any errors you find.
The American flag has 13 stripes, one for each of the original colonies. What conspiracy has led Slashdot to have a 12-striped flag as a story icon?