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Deconstructing the Patriot Act PR Campaign

Aaron writes "The Center for Democracy and Technology offers up an interesting point for point rebuttal to the the claims made via the 'rah-rah-esque' DOJ's website, part of the PR campaign (including Ashcroft speaking tours) to convince the public the Act is good for them. I think this Broadband Reports article also brings up a good point: among the groups attacking the Act, why do so few of them bring up Echelon? It already gives the government much of the surveillance ability they claim they're lacking, and without congressional oversight. The UN this year even launched an investigation into the use of the system to spy on UN diplomats without much fanfare."

33 of 533 comments (clear)

  1. Ben Franklin quote by batura · · Score: 5, Interesting

    Last night on the West Wing, there was an inspiring quote from Benjamin Franklin:

    "The man who trades freedom for security does not deserve nor will he ever receive either. "

    This came to mind earlier today when I walked past an ACLU table on campus. They were gathering signatures for a petition against the "Patriot" Act. I'm glad someone is fighting for my freedom.

    1. Re:Ben Franklin quote by smack_attack · · Score: 5, Insightful

      They were gathering signatures for a petition against the "Patriot" Act.

      Did you sign it?

    2. Re:Ben Franklin quote by smack_attack · · Score: 3, Informative
      They do support the 2nd ammendment ass:

      The ACLU has often been criticized for "ignoring the Second Amendment" and refusing to fight for the individual's right to own a gun or other weapons. This issue, however, has not been ignored by the ACLU. The national board has in fact debated and discussed the civil liberties aspects of the Second Amendment many times.

      We believe that the constitutional right to bear arms is primarily a collective one, intended mainly to protect the right of the states to maintain militias to assure their own freedom and security against the central government. In today's world, that idea is somewhat anachronistic and in any case would require weapons much more powerful than handguns or hunting rifles. The ACLU therefore believes that the Second Amendment does not confer an unlimited right upon individuals to own guns or other weapons nor does it prohibit reasonable regulation of gun ownership, such as licensing and registration.


    3. Re:Ben Franklin quote by batura · · Score: 3, Insightful

      I would never take those 3000 lives for granted, nor my love for my country.

      Terrorism has a failure rate of 100% (another tv rip off), because people get on with their lives.

      Everybody knows that they are not truly safe because we get jacked up the the security check point at the airport. All we're doing in that case is trading freedom for peace of mind. This is the same way, all I am doing is giving up my information, aka right to privacy, for the illusion of safety.

      Terrorism will not be stopped in America. It cannot be prevent as a whole because any system has flaws. By trading our freedom for these flaws, we are helping fuel the motives of terrorists.

  2. Valid topic by Che+Guevarra · · Score: 4, Interesting

    1) It will keep us safe. We must abandon all rights. We need it. 2 ). It'll destroy us. Our rights are gone, we must stop it. -- Is there a middle ground? How do we find it and what is it?

  3. Patriot Act - Time to Go by salesgeek · · Score: 4, Insightful

    The Patriot Act has served it's purpose. It's time for it to go now.

    --
    -- $G
  4. Who gave the DOJ funding to do policy advocacy? by sam_handelman · · Score: 4, Interesting

    Are government agencies really allowed to do this? I suppose the DOJ is allowed to "educate" people about the law, and propogate the legal positions of the justice department - but any five year old can see that this monolog is advocating legislative policy (the extension of the PATRIOT act, among other things), using federal money.

    --
    The good and new comes from no quarter where it is looked for, and is always something different from what is expected.
  5. acticle -1 flamebait by Anonymous Coward · · Score: 4, Funny

    nothing to see here, move along

  6. Where your argument fails. by DAldredge · · Score: 4, Insightful

    The US goverment doesn't want to protect us, they want to get reelected.

    If they wanted to protect the USA they would do something to secure our borders. It does no good to post a guard at your door/airports and leave the network/borders unprotected.

  7. From the site by the_Bionic_lemming · · Score: 3, Interesting

    DOJ CLAIM: Peaceful political organizations engaging in political advocacy cannot be considered terrorists under the PATRIOT Act's new definition of domestic terrorism.
    Under the PATRIOT Act, a violation of some criminal law involving risk of serious injury must occur before a person can be labeled a domestic terrorist. But it is easy to see how if an anti-abortion activist blocks traffic as part of a protest, or swings a sign and hits someone on the head, he could be labeled a terrorist. Such activities should be illegal, but they should not be subject to the threat of being labeled terrorism, triggering application of draconian law enforcement powers, such as the power to seize property D including cars, boats and homes.


    My reply

    DOJ CLAIM: Peaceful political organizations engaging in political advocacy cannot be considered terrorists under the PATRIOT Act's new definition of domestic terrorism.
    Under the PATRIOT Act, a violation of some criminal law involving risk of serious injury must occur before a person can be labeled a domestic terrorist. But it is easy to see how if an jaywalker blocks traffic as part of a protest, or trips and hits someone on the head, he could be labeled a terrorist. Such activities should be illegal, but they should not be subject to the threat of being labeled terrorism, triggering application of draconian law enforcement powers, such as the power to seize property D including cars, boats and homes.

    Of course - A judge still has to ok the jaywalker or abortionist to be a terrorist - But let's not let silly facts get into the way of another overblown attack on the patriot act - which few (if any) of the people against it have actually read it.

    --
    _ _ _ Go for the eyes Boo! GO FOR THE EYES!
  8. Re:My take by Anonymous Coward · · Score: 5, Insightful

    All the privately held guns in the US couldn't stop a military attack by the federal government, if the government really were so inclined to attack its own citizens.

    Shrug. The privately-held guns in Iraq seem to be doing a reasonable job.

  9. Re:If most americans had half a brain... by Read+Icculus · · Score: 4, Insightful

    There are numerous precedents for things such as the Patriot Act. They have usually been ruled unconstitutional by the Supreme Court, but they have always stuck around until they reached the point of being struck down. For example the Alien and Sedition Acts of 1798 were blatantly unconstitutional and designed to give the government the power to crack down on their opponents. Of course it wasn't taken out until 1840, not exactly a quick response.

    Then of course we had the Espionage Act and Sedition Acts during WW1. Similar things in WW2, the relocation of Japanese-Americans... all sorts of precedents have been set in this regard.

    Reflections of Unconstitutional Precedence

    TImeline of American Hegemony

    The goverment does not care if the laws that they pass or the actions that they take are unconstitutional. That is the one thing history has taught us again and again. It doesn't matter at all unless the Supreme Court is going to rule against them. These sorts of unconstitutional practices will be allowed almost without fail. Perhaps years later public opinion will shift and people will add another chapter to the history books on unconsitutional precedents.

    Hopefully the SCOTUS gets the balls to do something about it. Although I highly doubt that our current court will become involved. We already know how they rule on major issues that affect our country. The precedent is to allow the govt to do whatever the hell they want, worry about the Constitution later. Especially when the ideologies of the different branches of govt meet.

    --
    Anti-social? My code is just platform-specific.
  10. for all those in support of the unPatriot Act by d0ggi3 · · Score: 5, Interesting

    Constitutionally Institutionalized

    I am the unpatriot,
    for not standing behind
    the man blind.
    You are the patriot,
    for standing in line
    no questions in mind.

  11. How about one of the most compelling arguments by ShatteredDream · · Score: 4, Insightful

    That no patriot can stand such an odius piece of legislation which tears apart our civil liberties and turns the Constitution and freedoms our forefathers fought so hard for into courtroom toilet paper. I love my country, that's why I want a government bound to the Constitution and that doesn't send us abroad, as John Quincy Adams put it, in search of monsters to destroy. We built the beast that seeks to annihilate us because we paid lip service to our founders' timeless advice and made-and empowered-enemies in foreign lands.

    1. Re:How about one of the most compelling arguments by Qzukk · · Score: 5, Insightful

      I'm a patriot, and I support your right to say what you believe and your post's parent's right to say what they believe.

      I also support my own right to say what a load of crap this all is. If you kill people, you commit a crime. If you commit a crime, you are caught. If you are caught, you are put through a trial. If you are found guilty, you are punished. This is The Way Things Worked around here for over two centuries. It works quite well, and does a fair job of preventing innocent people from going to jail, and making sure that I don't go to jail because some cop is having a bad day because he got two fewer sprinkles than his buddy on his morning doughnut and decides to take it out on some random guy.

      And then we had Guantanamo. Trial? Guilt? Well, we can assume they had one, and weren't just there because they cut some FBI agent off in traffic that morning. Or maybe they forgot to pay the corrupt cop their protection fee? Yeah, you know, corruption, that thing that humans do because they are not perfect and they are corruptible. Even the cops. Even the FBI. Throwing foreign people into camps like that made me afraid to leave the country. Imagine if another country started treating American citizens like that! If that wasn't bad enough, throw in secret "detentions" of citizens. Citizens. Yes, that guy at Intel who gave money to the wrong party? He was a Citizen of the United States. And he was "detained" in jail for weeks without being charged or tried. No access to a lawyer. Welcome to America, your citizenship means NOTHING now.

      We don't have to leave our own country to go hunt monsters. We have them right here, destroying what people fought and died for, the right to call oneself American, with privileges and rights as an American.

      Are you still all right with your pretty little Patriot Act? Well, how would you feel when you've been in solitary confinement for two weeks, without even been told what you did wrong. "I'm a good person, I'd never be arrested" you say. Sure. And all those people found Innocent by a jury just happend to get away? Every last one of them "beat" the legal system? They're all actually guilty as hell, they just used their eeevil Satan-powered witchcraft to beguile the minds of the jurors?

      Or maybe errors happen. Man, it would really suck to be stripped of your citizenship and executed for being a terrorist, while elsewhere some guy is scratching your SSN off a list of SSNs they bought off the internet. But no, you get no public trial, you get no defense lawyer, if you're lucky you get told what you're going to be tried for, if these "secret trials" are trials at all, and not just three ring circuses.

      So yeah. The US has some serious problems right now, and the Patriot Act is merely the tip of the iceburg.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
  12. Re:My take by cgranade · · Score: 5, Insightful

    He was saying, don't let the gov't take my gun because I may need it to protect myself from intruders or even the gov't.
    Why would you think that anyone would need to protect themselves from the gov't? Could it be because of the threat of tyranny? Let's turn this around, shall we? Couldn't this act be the very sort of thing that you claim he was talking about?

    You can quote dead white men all you like, but it doesn't change the fact that in the past two hundred odd years society has changed significantly and a single individual's ability to wreak widespread havoc has been increased million-fold.
    First thing. 19 people killed 3,000 people. This is 157.89473684210526315789473684211 people killed per killer. If we assume that your statement about a millionfold is correct, then in Franklin's day, the same killer could have killed about 0.00015789 people. That is, no one could be killed unless 6,333 other people worked together. This is obviously wrong. There were murders without mobs of 6,333 people in the past. OK, so there may be an increase, but not as much as it may seem, I would hazard. Furthermore, if we look at the number of deaths relative to the size of the population, it would likely be lower. Indeed, on 9-11, only one in one hundered thousand people living in America died. More died in car crashes, more died from the flu, more died from alcohol than died on 9/11. Yes, 9/11 was a horrible thing, but let's keep perspective, too. For an example of perspective, consider that anywhere from 7784 to 9596 Iraqi civilians were killed by US troops since the War in Iraq started (source). Given this, how do you think that the Iraqi people should react? I leave you with these thoughts.

    --

    #define DRM chmod 000

  13. Re:My take by noda132 · · Score: 4, Insightful

    However, such an argument fails precisely because a gun couldn't have stopped two airplanes from flying into the WTC.

    Um. Am I the first to suggest that the PATRIOT act wouldn't either?

    Terrorists of today could reproduce 9/11 quite well (though with different targets, of course). The only difference is that the government is given more power. The only people subject to the power are innocent.

    Not to mention, am I the only one who thought it strange that 9/11 was used a reason to go to war against Iraq? Why not use "I was mugged on my way to the store" as an excuse to go murder everybody in your office....

  14. Rhetoric vs. Reality by Brian+Stretch · · Score: 4, Interesting

    From the Director of Public Affairs at the Department of Justice:

    Section 215 of the Patriot Act allows the FISA (Foreign Intelligence Surveillance Act; passed in 1978) court to issue orders for business records in international-terrorism or espionage cases -- just as federal grand juries have long been able to obtain the same records through subpoenas in ordinary criminal cases. Records can be obtained under section 215 only through a court order (not, as Mr. Lynch states, through a "subpoena"), and only if the court determines that the FBI is legally entitled to them (the FBI has no authority to issue such orders unilaterally).

    Section 215 of the Patriot Act does not make it "a crime for anyone who has been served with a subpoena to speak to anyone about the matter." However, Section 215's confidentiality rule is necessary to protect our national security, and is based on nondisclosure orders that courts always have been able to enter in ordinary criminal cases. For example, the judge in the Kobe Bryant case may order the news media to refrain from divulging information about the alleged victim's personal life, in order to protect her privacy. In the same way, if we were to serve a court order on a flight-training school to find out if a Mohammed Atta is taking flight lessons, we obviously would not want the school to tell Atta, who might then accelerate his terrorist plot. As with any court order, the FISA-court can consider sanction, but the Patriot Act does not make such violations criminal offenses.

    We do enthusiastically welcome debate about the Patriot Act and invite all Americans to learn the facts about this important legislation by logging on to www.lifeandliberty.gov. Our new website includes an overview of the Patriot Act, its entire text, statements from Members of Congress explaining the law, factual information dispelling some of the major myths perpetuated about the act, as well as other information.

    Read the whole article here, which is in response to another article on the same website.

    Another Patriot Act article.

  15. Let's fight for our freedom... by WildBeast · · Score: 4, Insightful

    by giving it up

  16. Re:My take by Lodragandraoidh · · Score: 4, Insightful

    " ...such an argument fails precisely because a gun couldn't have stopped two airplanes from flying into the WTC..."

    I call bullshit on this argument. Don't even try to convince me that if someone had a gun in those airplanes that they would not have been able to stop a bunch of razor toting fanatics.

    The biggest fallacy is the assumption that 'times are different' and therefore protections we enjoyed in earlier times do not apply. Again - bullshit.

    I have news for you, people have not changed all that much, and one bullet in the forehead will kill you as fast in 1895 as in the year 2003. The destructive power of an airliner was available since the first one flew back in the 1920s. The only difference is the will of someone to try to use it. That does not justify flushing the Constitution down the toilet to make ignorant people feel 'safe'.

    --

    Lodragan Draoidh
    The more you explain it, the more I don't understand it. - Mark Twain
  17. Life and Liberty huh by vix86 · · Score: 3, Insightful

    Where do we draw the line in too much? I mean the government feels now that without the Patriot Act you have no life or freedom, but this isn't the case.

    The Patriot Act IMO is too undefined. It talks about terrorism and what powers the justice system has but it doesn't really ever define terrorism. In the long run it's a lot like statistics, you can make the numbers read however you want. The Patriot Act is the same way, the government just has to justify somehow that something is "involved with terrorism" and then its fine to apply the law. Does anyone remeber the ads that said marijuana supported terrorism? How about that recent drug bust that used the powers of the Patriot Act? I hardly doubt 10 years ago people would say a drug dealer was on par with terrorist orgnizations like al qaeda. I believe its already been mentioned that pirating movies and software is an act of terrorism. I mean come on!

    It wouldn't at all suprise me if eventually, if we don't stop this, the government gets "paranoid" of the people and believes everyones a terrorist, and who knows what laws might be in affect by then. People just need to wake up and realize that no amount of laws and removal of freedoms is going to make you completly safe in this world.

    With that in mind, the presidental elections are coming, do those of us that support having the act removed have any choice of canidates that want the act removed? Probably the better question is: Have any canidates voiced that they too support the removal of the act?

  18. Re:ACLU fights against basic rights. by MoneyT · · Score: 4, Insightful

    A WWII veteran said to me one time as we were watching news coverage of a protest:

    "Those who compare Bush to Hitler do a disservice to all those who fought and died in WWII and an even greater disservice to their cause

    --
    T Money
    World Domination with a plastic spoon since 1984
  19. Re:My take by GileadGreene · · Score: 4, Insightful
    However, such an argument fails precisely because a gun couldn't have stopped two airplanes from flying into the WTC.

    Unless of course someone on the plane(s) had a gun, and used it to shoot the hijackers. Which might explian why the airline pilots union has been campaigning to let its members carry guns in the cockpit.

  20. Re:My take by Dhalka226 · · Score: 4, Insightful

    However, such an argument fails precisely because a gun couldn't have stopped two airplanes from flying into the WTC.

    Oh, I don't know. You sit me on one of those flights with a gun and they are not going to hijack that plane. At least they are not going to order it slammed into a building after they do.

    "But you couldn't get on the plane with a gun!!!!" True, but your scenario doesn't make a lot of sense either way. NOT possessing guns wouldn't have prevented 9/11 either. (And may I ask, how did a debate on the Patriot Act turn into one about gun control?)

    That's what the Patriot Act is all about, getting these systems to finally work properly so that we can stop another 9/11.

    No. As you admitted yourself, we had the intelligence, we simply did not communicate it properly and did not fit all the pieces of the puzzle together properly. The Patriot Act is about increasing the government's ability to spy on us. Once they've decided we're not a threat worth watching, as they evidently did for the 9/11 hijackers, the PA has no effect.

    And this one is just ridiculous: I think that many people are finally latching onto the concept that freedom to live safely is more important than freedom to be a criminal.

    Do you know that Martin Luther King, JR. was spied on by the FBI? And we all know what a terrible terrorist he was, with all his sit-ins and peaceful protest! The movement to repeal the law isn't about protecting criminals, it is about protecting people who are doing nothing wrong from unjustified surveillance. The entire purpose of the Constitution is to protect us from the government, not from terrorists and regardless of how many more people a single individual nutcase can now kill in one fell swoop. History has proven that government, like most people and organizations, will abuse any power they are given (DMCA, anybody?). The solution is not to give it to them or to ensure what authority they have is locked down so tight it is as hard as possible to abuse.

    Apparently these dead white men understood what freedom meant better than people today. If I have to die because a law like the Patriot Act is repealed, I would consider myself lucky to die for freedom. Thank god people like Franklin and Jefferson, true American patriots, were there at the founding of this country and not cowards like yourself.

    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Ahhh, preach it Mr. Dead White Man.

  21. Public Image And The Government by Valen0 · · Score: 5, Interesting

    The Bush Administration seems to be having public relations trouble. Besides the creation of LifeAndLiberty.Gov, the administration has also created Freedom.Gov, a site dedicated to glorifying Operation Iraqi Freedom.

    I believe that the creation of these sites indicates that the Bush Administration is taking a new approach to their critics. Instead of answering their critics directly, the administration is using websites to bypass them and sell their propaganda to the American Public. By wrapping their issues in pseudo patriotism, they believe that the average American will overlook the opposition and support the administration because it is the "American thing to do".

    I also believe that the administration is starting to see opposition in Congress. On the LifeAndLiberty.Gov site, there are two sections dedicated to Congressional Opposition. I believe this indicates that the PATRIOT Act is starting to see more criticism from Congress.

    --
    -Valen
  22. Blame it on terrorism! by nolife · · Score: 3, Funny

    Not really related but..
    On the way to work today, I heard a commercial on the radio about trying to get funding for bridge repair work in DC. The reason they need the funding and the purpose of the bridge repair projects was for none other than terrorism. The line was something like "to ensure the 300,000+ commuters and government officials could use the bridges to evacuate the city following an act of terrorism nearby. Hello!! those same 300,000 commuters and government officials already use those bridges twice a day every day of the year following an attack from the "end of workday". How is a fresh layer of asphalt/concrete and some rust repair going to change the situation for terrorism? I guess I need more bandwidth in case of a terrorism attack so I can reload CNN faster.

    --
    Bad boys rape our young girls but Violet gives willingly.
  23. Thankfully, most Americans do not agree with you by unassimilatible · · Score: 3, Informative

    According to Gallup, a majority of Americans believe the federal government exerts either the right amount of power or not enough power. It's over 70% total.

    Most Americans Don't Feel Government Threatens Civil Rights,

    It seems, thankfully, most people would prefer the government actualy do something about terror, rather than complaining about being watched while surfing the Net in libraries, before the next 9-11 happens.

    --
    Slashdot "libertarians": Small government for me, big government for those I disagree with. -1, I disagree with you
  24. Echelon vs. Patriot Act by Atryn · · Score: 3, Insightful
    I think this Broadband Reports article also brings up a good point: among the groups attacking the Act, why do so few of them bring up Echelon? It already gives the government much of the surveillance ability they claim they're lacking, and without congressional oversight.

    Ahhhh, but Echelon is supposed to be for spying on non-US citizens and if it truly exists it is almost certainly illegal. Any evidence Echelon uncovers of a danger to national security is useful as it can be kept secret even from the defense due to national security concerns. But any evidence Echelon uncovers about domestic terrorism, financial or political crimes, etc. cannot be introduced in court lest Echelon be unmasked!

    The government needs a 'legal' tool that allows them to spy on the people which is admissable in a domestic court of law.
    --
    Come play Moral Decay!
  25. Point not made by A+non+moose+cow · · Score: 5, Insightful

    I'm sorry if I just don't get it, but I did not really see any mention of anything that actually refuted any of the DOJ claims.

    All I see is a bunch of clarification of the points that would not have been appropriate to mention at a press conference (the likes of which the soundbytes were taken from).

    I also notice that none of the new powers can simply be used willy-nilly. They all require the permission of a judge (who may well interpret the warrant request as, well, unwarranted).

  26. No goddammit! by SuperBanana · · Score: 3, Insightful
    Now before everyone begins to quote Ben Franklin, please consider that he lived in a very different era where the ability of a very few to cause significant harm was simply not available. He was saying, don't let the gov't take my gun because I may need it to protect myself from intruders or even the gov't.

    No, no, no no, NO!

    The famous "They that give up essential liberty to obtain temporary safety deserve neither liberty nor safety" is NOT about guns. You could not be further from the truth.

    The quote means exactly what is says- if you're willing to give up your freedom, you didn't deserve it in the first place- because if you truly valued and appreciated your freedom, you'd understand that being truly free has risks- the risks that someone will abuse that freedom.

    That risk is the price you pay for being a US citizen, and in this day and age it is such a minute risk it is absurd(WTC=3000 people, once. Highway deaths EVERY YEAR? 40,000. Heart disease deaths EVERY YEAR? 700,000).

    Ben Franklin is flipping in his grave as Bush and Ashcroft- who have done more damage to our personal liberty than anyone else in our history- call themselves "patriots"; they are lying, grandstanding cowards- little more than scam artists who have show the public a future where the Bad Man With The Turban goes away if they just bend over at the airport. True patriots are willing to take the risk so that they remain free. Sheep are willing to trade their freedom for safety.

  27. For everyone who wants to demonize Ashcroft by SensitiveMale · · Score: 5, Insightful

    Don't forget that the Patriot Act passed both houses of Congress. By a wide margin.

    So instead of demonizing the man in charge of prosecuting our nation's laws why not blame your representative in congress for passing it?

  28. Re:Thankfully, most Americans do not agree with yo by mabu · · Score: 4, Insightful

    According to Gallup, 67% of people believe in ghosts.

    Those polls don't prove anything, except most people are ignorant. You don't need a poll to figure that out.

  29. why not rely on Echelon? by Muttonhead · · Score: 3, Informative
    ...why do so few of them bring up Echelon?

    Because the use of Echelon in this country is clandestine and illegal according to the Fourth Amendment. The Patriot Act is the attempted rollout of the legal use of Echelon. If U.S. citizens accept the Patriot Act it makes things like Echelon more useable. Sure they can use Echelon now, but they cannot use the results in a U.S. court as a basis for prosecution. The Patriot Act would change that. We're sort of between the right to privacy and the state in which the Patriot Act would invoke.

    The Patriot Act is a horrible thing and we should reject it. It continues the trend of concentrating power into fewer hands.