Slashdot Mirror


FBI Can Inspect Bank Records w/o Court Orders

AlexZander writes: "Thankfully, the so-called 'Patriot Act II' was discovered last year and the public outcry that ensued was enough to get the bill tossed out the window. One of the goals of that act, however, has made it into law under the radar of the community at large. However, on December 13th, President Bush signed Intelligence Authorization Act for Fiscal Year 2004 (the relevant section is 374) into law, which among other things, grants the FBI the power to obtain financial information without a court order from a judge. It also expands the definition of 'financial information' to include car dealerships, jewelry stores, insurance companies, and other stretches of the definition of 'financial institution'. Wired News has the story here."

"The best parts about this is that the law prevents the business that gives up the information to the FBI from telling their customer about the request. Oh, that and the new law only requires a "national security letter" from a field agent stating that the information reqested is part of an investigation relevant to national security.

Yikes!"

90 of 984 comments (clear)

  1. Terrorist Clause by SirChris · · Score: 3, Interesting

    Is there any clause in the act that states only when investigating for possible terrorist association or something to that effect?

    1. Re:Terrorist Clause by saunder3 · · Score: 5, Insightful

      It is easy for them to define "investigating for possible terrorist association" as anything they want.

    2. Re:Terrorist Clause by PCM2 · · Score: 5, Interesting

      No, that's the thing. There is no such clause. They can examine your records for any reason, and not only do they not have to tell you about it, your financial institution (the definition of which is now extended to to include everything from banks to insurance companies to casinos) is compelled by law to keep it a secret from you.

      --
      Breakfast served all day!
    3. Re:Terrorist Clause by wwest4 · · Score: 4, Interesting

      It's pretty chilling - when you're faced with it, it feels just like it did when armed national guardsment starting patrolling NYC and airports - I got that same surreal feeling of dystopia when I went to a bank for a loan last week, and they recited a disclaimer about non-disclosed release of information to law enforcement if required by a "terrorism" investigation. Given how broad that term is, I think it's plain how easily this can be abused.

    4. Re:Terrorist Clause by Saeger · · Score: 4, Funny
      So maybe they're legally prevented from verbally informing me if I'm being snooped on, but can they still do what my friendly librarian does by giving me a *wink**wink* along with a complimentary Asscroft bookmark?

      --

      --
      Power to the Peaceful
    5. Re:Terrorist Clause by rhombic · · Score: 5, Interesting

      Please. Here in San Diego, the FBI used Patriot Act subpoenas to investigate council members being bribed by strip-club owners as "potential terrorist links". Say goodbye to several of the amendments...

      --
      1984 was supposed to be a warning, not an instruction manual.
    6. Re:Terrorist Clause by dtfinch · · Score: 4, Insightful

      Ever heard the joke that everyone is within six degrees of Kevin Bacon? Insert any known terrorist's name in his place and it'll still hold true for most people.

      Existing anti-terrorism laws are so loose that essentially anyone can be investigated/wiretapped without a real court order.

      The Patriot Act even added a loophole to the wiretap act to render it null when communications pass through a digital switch or router, thus allowing wiretaps with only a search warrant if they do it right.

      And finally there's a special FIFA court which they can all go through to get any and all surveillance approved. Not a single request to that court has been denied in over 15 years.

      The 4th amendment's wording is flexible enough that none of this blatantly violates the constitution. They're just steps backwards from the level of privacy we're all used to, and many bills are worded to hide to extent of of their impact. The law is getting pretty scary in the US these days.

    7. Re:Terrorist Clause by rhombic · · Score: 3, Insightful

      I somehow don't think complaining to the local DA (who's responsible for California law) is gonna have a heck of a lot to say about how the FBI conducts itself under Federal law. But if you wanna knock yourself out, please complain to Attorney General Ashcroft. I'm sure he'll pay plenty of attention to your concerns ;)

      --

      --
      1984 was supposed to be a warning, not an instruction manual.
    8. Re:Terrorist Clause by Jah-Wren+Ryel · · Score: 3, Informative

      He probably means the FISA - Foreign Intelligence Surveillence Act - Court. Here's some info, both pre and post 9-11 about the FISA Court. In short - bad shit, almost certainly in violation of the constitution.
      EFF
      Ratical
      Slate

      --
      When information is power, privacy is freedom.
    9. Re:Terrorist Clause by Petronius · · Score: 3, Funny

      so who are the 6 between Dubya and Bin Laden?

      --
      there's no place like ~
  2. Nobody wants it, yet we get it by Master+Bait · · Score: 5, Insightful
    ...because they hide these kind of crap laws inside dissimilar bills, in this case an appropriations bill. It's time to think about who you're going to vote for in 2004.

    --
    "Only in their dreams can men truly be free 'twas always thus, and always thus will be."
    --Tom Schulman
    1. Re:Nobody wants it, yet we get it by cK-Gunslinger · · Score: 5, Funny


      Exactly! We should vote for the candidates who promise to "do the right thing" and "work for us" and kick out those who promise to "screw us over at every opportunity."

    2. Re:Nobody wants it, yet we get it by geoffspear · · Score: 5, Insightful
      It's worse than that. It's an intelligence appropriations bill, which pretty much goes through Congress secretly without debate. The ethics of slipping stuff into a boring bill no one cares about (or even a demogogued "pass this bill or your children will be raped" type thing) are different than sneaking it into a bill that's supposed to be kept secret to protect national security.

      I don't particularly care if they want to keep the details of the NSA's budget secret, but sneaking in stuff that was shot down when it was proposed on its own is just plain evil.

      --
      Don't blame me; I'm never given mod points.
    3. Re:Nobody wants it, yet we get it by Anonymous Coward · · Score: 3, Insightful

      Thank you.

      Now, repeat after me:

      Democracy is two wolves and a sheep voting on what's for dinner.

      Power corrupts, absolute power corrupts absolutely.

      Remember, these people are not on your side. They want to keep their job, they like their status in society, they like the perks. They are owned by lobby groups, they love the soft money. They gerrymander to keep their jobs instead of actually satisfying the electorate.

      And the best part of all? It's a two-party system, both parties are equally corrupt in different ways.. So voting for a third party actually makes people angry, because apparently it's so much more important to make sure the 'bad guy' loses, ignoring the fact that the other guy is a fucking boob too.

    4. Re:Nobody wants it, yet we get it by Ralph+Yarro · · Score: 5, Insightful

      What's the diff? They both WILL screw us over at every opportunity!

      Yes they will, because they've learned that everyone will let them get away with it.

      If you want to change that then the first step is to take the approach of "I don't care what the other guy probably WOULD have done, this one was in power, this one did lie to me, this one is being kicked out".

      Make no secret of the fact that you'll vote them out once they've proved themselves untrustworthy, and then do it.

      Yeah, you can't guarantee everyone will do the same but you can at least make a start. Be a part of a new trend.

      If enough people take this approach then eventually it will work.

      The reason politicians are lying deceitful scum is because it WORKS. It gets them elected. Start changing that.

      --

      The real Ralph Yarro posts as Anonymous Coward. Anyone else is an impostor.
    5. Re:Nobody wants it, yet we get it by StenD · · Score: 5, Informative

      If you're going to think about that, keep in mind that Wired got its facts wrong. According to the bill summary, the 264-163 vote (roll call 649) which was presented as having taken place in June actually took place on 20 Nov, and was to agree to the conference report. Likewise, the Senate voice vote in November was to agree to the conference report. The actual vote on the bill as sent to the Senate, on 27 Jun, was 410-9 (roll call 333). Contrary to thier claims of opposing the legislation, both Rep. Betty McCollum and Rep. C.L. "Butch" Otter voted for the bill in June, where section 334 of the bill is essentially identical to section 374 of the conference report. The Senate passed its version of the bill by unanimous consent on 31 Jul, also containing an essentially identical section 354. This was not a provision "slipped into the Intelligence Act at the 11th hour". Rather, it's a provision that politicians are now experiencing "buyer's remorse" over.

    6. Re:Nobody wants it, yet we get it by jeffkjo1 · · Score: 4, Informative

      Here is the list of House members that voted against this bill. The Senate took a voice vote, so no record is available. Vote Tally

    7. Re:Nobody wants it, yet we get it by Radical+Rad · · Score: 3, Interesting

      Want to know why incumbents typically don't get voted out even after proving themselves 'untrustworthy' as you call it? It's because the longer your congressman is in Washington the more responsibility he gets. Think about it, would it benefit the people of your state more if you had a congressman who is chairman of the powerful Approprations Commitee or just another freshman who is a junior member on the National Flower Day committee? Also most regular people don't bother to vote. Maybe it seems like too much hassle or they don't even know how to register or where their polling station is or they just don't pay enough attention to the issues to trust their own judgement. Meanwhile, all government employees are actively encouraged by their party appointed bosses to vote and are given time off to go do so. Republican appointees in agencies like the prison system tend to encourage their peons to vote Republican. Democrat appointees in agencies like HUD tend to encourage their peons to vote Democrat. But both parties are cognizant of the fact that the longer an incumbant stays in place the more power he holds for his district.

    8. Re:Nobody wants it, yet we get it by rmassa · · Score: 5, Interesting

      Just sent to my congresscritter:

      Mr. Ose,

      It saddens me to see that you have voted 'Yea' on the Intelligence Authorization Act for Fiscal Year 2004:
      http://clerk.house.gov/evs/2003/roll649.xml

      As you may know, this bill grants FBI powers to view the financial records of citizens without a court order from a judge, removing the checks and balances so important to our government. There is evidence that the FBI has abused other powers given to it by the much contested Patriot Act:
      http://www.sacbee.com/content/news/projects/libert y/story/7989769p-8926319c.html

      I have spoken to many other citizens in our district who are also unhappy about your vote on this issue. Unless I see active action on your part in opposition of further such laws, I will be encouraging as many people as possible to vote for a candidate who will better represent our interests come election time.

      Feel free to have your staff contact me if you have any questions.

  3. More info by pantycrickets · · Score: 5, Informative

    There was a post about this on whatreallyhappened.com.. and it linked to a large article about it here.

    1. Re:More info by tealover · · Score: 4, Interesting

      Let's be honest. France, and Europe in general, is much more egalitarian and pays much more attention to human rights than America does these days.

      I remember a time when the world looked to the US for guidance. But somewhere in the mid 70's, the shift began to turn. The disenfanchised dixiecracts who were offended with the Civil Rights laws passed in the 60's began dismantling them slowly. They also began retracting US foreign policy from one of engagement to one of hostile rapproachment. Executions became legal again.

      Europe has continued to move forward and has aggressively acted to prevent fascism from rearing its ugly head again. It appears the US is going to learn the hard way.

      --
      -- You see, there would be these conclusions that you could jump to
    2. Re:More info by tealover · · Score: 5, Insightful

      Don't kid yourself- they still do.

      Are you living in the same world as the rest of us?

      America used to be diplomatically effective without having to use force. They did so by leading the way with treaties like SALT, SALT II. They were the prime funders of the UN. They were signatories to most international treaties.

      Today, America is effective because it has told everyone that YOU ARE WITH US OR AGAINST US. You don't win mindshare that way. You win resentment.

      If you don't see what's going on with the EU, the leftist governments in South America, the rampant hostitlity towards America in teh Middle East and Southeast Asia...well, all I can say is you need to play less videogames and look out your window.

      --
      -- You see, there would be these conclusions that you could jump to
    3. Re:More info by TandyMasterControl · · Score: 5, Insightful

      Acually what Congress (and a runaway Executive of the same political party) can do is IGNORE the Constitution. Which if you read it (the USC together with the article at the top of this thread) is basically what the Executive (FBI) is already doing.

      Yes, I think this is a clear case of a 4th amendment violation, indeed a whole policy intended to VOID and break it, and so clear a violation that it breaks the category. Don't need a court order to go rifling through a citizen's bank accts? Shit then why did we bother having a Constitution at all if its rules against unwarranted searches can be ignored at a whim?

      I think the Constitution's Framers knew ALL ABOUT about the possibility of "seditious" forces or "terrorism" or whatever you want to call it: after all they THEMSELVES were armed revolutionaries against their legitimate government. Arguments that "the Constitution isn't a suicide pact" and therefore Mrs. John Asscleft shall be allowed to paw through citizen's private information at will simply because it's expedient is the most breathtakingly cynical perversion of this country's committment to liberty in its history.
      I've seen the Constitution violated before, but the perps eventually were called to account. The other branches did their job or at least faked it. The perps didn't always go to jail, but they suffered disgrace and the fear of being caught. Never before -NEVER- have I seen the Constitution dispensed with in broad daylight --simply WAIVED-- with breezy arguments that "everything's changed: that was then, but this is now" and "the Dear Leader needs your civil liberties melted down in order to fight terra."

      Change the Constitution? They don't have to change it when they can just use the compliant and ignorant corporate media to convince the public that if the gummint does it, it can't be illegal. They just leave the Constitution's words in place and pretend the meanings have changed. Done deal, and oh yeah you're Un-goddamn-American if you dare protest what they're doing.

      --
      Johnny Quest has two Daddies.
  4. Way ahead of you. by sparklingfruit · · Score: 5, Funny

    I pre-ordered my 21" telescreen yesterday, I bought myself a newspeak dictionary and enrolled my daughter in the Junior Anti-Sex League.

    1. Re:Way ahead of you. by interstellar_donkey · · Score: 5, Funny

      Get ready to be saying "The U.S. is at war with Iran. The U.S. has always been at war with Iran."

      --
      The Internet is generally stupid
  5. It's already being heavily used... by NightSpots · · Score: 4, Informative

    The story hit earlier, when the FBI started asking for the records of everyone who went to vegas (plane records and hotel records) from Christmas to New Years...

    The details are all over the net, but you can start by reading this, this, or this.

    1. Re:It's already being heavily used... by KFury · · Score: 3, Funny

      All that Vegas intelligence and they still couldn't stop Britney from getting married...

  6. Tinfoil hats by bathmatt · · Score: 5, Funny

    They may be able to read my bank records, but they cant read my mind thanks to my tinfoil hat.

  7. Suspicious activities by raider_red · · Score: 4, Interesting

    So, will a five year long string of $50 withdrawals from Bank of America ATM's all over the country attract their attention?

    It bugs me that they've eroded the 4th ammendment even this much. There should be an expectation of privacy between you and your bank, just as there is between you and your doctor/lawyer/priest/gun dealer.

    I'm all in favor of fighting terrorism, but I don't think John Aschroft & Co. having access to mine and my neighbors bank records will help any.

    --
    It's good to use your head, but not as a battering ram.
    1. Re:Suspicious activities by kippy · · Score: 4, Interesting

      I'm playing DA here with an argument that my soon-to-be lawyer friend used.

      The 4th ammendment isn't being violated here because the information in question isn't "yours". It belongs to the financial institution. Since it is accessable to a subset of that financial institution, it weakens any argument that the information is yours since it's available to a number of people besides yourself.

      Let me know what holes to poke in that argument.

    2. Re:Suspicious activities by igaborf · · Score: 5, Insightful
      If I get flagged as being something I'm not, further investigation will reveal that I'm not doing anything wrong.

      I hope so, but as it stands right now they could keep you in the can indefinitely while they investigate, without charges and without access to an attorney -- just because they suspect you.

      In my book, that's a violation of the fourth, fifth, sixth and eighth amendments. At least.

    3. Re:Suspicious activities by pyros · · Score: 3, Insightful

      I'm playing DA here with an argument that my soon-to-be lawyer friend used.

      The 4th ammendment isn't being violated here because the information in question isn't "yours". It belongs to the financial institution. Since it is accessable to a subset of that financial institution, it weakens any argument that the information is yours since it's available to a number of people besides yourself.

      Let me know what holes to poke in that argument.


      The information is mine because it is only about me and it is not public. The employees of the institution retaining the information about me are under legal restrictions about what they can do with that information, which to me means the information is not theirs.

      I think a better response would be to ask him what he thinks has changed about the nature of the information, it's storage, and the criminal investigations that this information should no longer be protected by the 4th amendment. I mean, a judge had to be convinced that the information was relevant to the criminal investigation of an individual before this law was passed. What changed? The fear of terrorism. But this bill doesn't limit the power to terrorist investigations, so what is the purpose of changing the status of the information in regards to the 4th amendment?

      What is his reason for asking citizens "why not" when they don't want to grant law enforcement more power rather than asking the law enforcement agency "why" when they ask for more power?

    4. Re:Suspicious activities by Python · · Score: 4, Insightful
      So, using your friends "logic", all mail is not private, afterall the information about it is in the hands of the US Postal Service, e-mail is not private, ISP handle that, medical records are not private because, again, someone else has access to that, video rental and library records are public information, and so on. In fact, using your friends logic everything about a persons life, except for those thoughts they choose not to share with anyone, including their family, is not private.

      So, since I'm confident that you friend, and the majority of people in the USA are not going to let just anyone go through those records, its safe to say that people expect, rightly, for this information to be private. In short, the flaw is inherent in the first supposition, the very word PRIVATE. Just because one other person has access to some data does NOT suddenly make that not private data. Thats absurd, the definition of private is not "Only one person has access to this information". Thats closer to a secret, but even the word secret doesn't require there to be only one party TO the secret.

      You'd think a freaking lawyer would understand the importance of understanding the meaning of words. Private does not imply lack of access. I suggest you ask your lawyer friend to buy a dictionary and to look up the word "private", consider a new profession, something perhaps along the lines of PR perhaps, where its not so important that you get the words right.

      Regardless, you friends flaw lies in the presumption that for something to be private it can not be between more than one party. That is simply not the case, either in terms of the very definition of the words or even, in your friends OWN domain, according to lots and lots of case law. I sure hope your friend is not close to taking the bar. He or she really needs to study some more it would seem.

      Finally, the real test of your friends opinion on this can be tested by simply asking him, or her, for a copy of all their phone records, financial records, e-mails, web logs, video rental records, library records and travel records - and then posting them on the Internet. If they handly turn them over, then your friend is something far worse than hypocrite, had they refused the request to had over their private details of their lives, but rather a real fool.

      Have fun stealing their identity though!

      --

      Python

    5. Re:Suspicious activities by Loki_1929 · · Score: 4, Interesting

      "if you're imprisoned without being arrested or arrested without being told why, you are in a good position to sue the shit out of whomever is doing it."

      I'm sure Jose Padilla will be delighted to hear that, assuming he ever gets out of the military brig he's been imprisoned in for the past 19 months without being charged, much less tried or convicted.

      Welcome to the new world; Ashcroft's world; where your rights have been redefined as privileges assigned by the government, to be revoked upon the first sign of their inconvenience.

      --
      -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
    6. Re:Suspicious activities by Loki_1929 · · Score: 4, Insightful

      "the guy is an ex-Chicago gang member."

      What does this have to do with an American citizen being imprisoned by his government for 19 months with no lawyer, no trial, no jury, no judge, no contact with family, and no hope (from his perspective) of salvation? You know, if he wasn't with Al Qaeda before he was locked up, he most certainly has every reason to be now. To quote a great artist:

      "Land of the free? Whoever told you that is your enemy."

      "I've come into contact with Chicago gang members and I'd like to see a lot more of them imprisoned"

      Without a trial? On what charge? If someone sells drugs, you put him on trial for selling drugs. If someone kills someone, you put him on trial for murder. This isn't colonial England, and we don't have a king with the power to lock people up in the Tower of London, nor drawn and quartered. In this country, we give everyone the chance to prove their innocence, or to come clean about their actions.

      That's what seperates us from the brutal bastards we're fighting.

      --
      -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
  8. Yay democracy! by sssmashy · · Score: 5, Interesting

    The provision granting increased power was little more than a single line of legislation. But Dempsey said it was written in such a cryptic manner that no one noticed its significance until it was too late.

    Isn't democracy grand? I wonder how many more infringements upon freedom and privacy intelligence agencies can sneak past our apathetic, uninformed legislators.

    1. Re:Yay democracy! by ActionPlant · · Score: 4, Insightful

      It sure is! Unfortunately, we're a republic. Apparently this fact means that our constitution is a nothing more than a set of decent but arguable suggestions.

      Damon,

      --
      http://actionPlant.com
    2. Re:Yay democracy! by jxs2151 · · Score: 3, Interesting
      Damnit, if someone doesn't care enough to get off their ass and vote do you really want them deciding who runs the country?

      Let 'em sit at home and whine because those that really care elected who they wanted.

  9. Re:Insurance companies by donutello · · Score: 3, Informative

    Insurance companies sell annuities which are, in essence, financial instruments.

    --
    Mmmm.. Donuts
  10. And this happened when? by Lane.exe · · Score: 4, Insightful
    Around the time Saddam's captured mug was being paraded around TV like a trophy? You know -- people are used to being fleeced by illusionists in Las Vegas this way. Maybe we ought to send the Bait-and-Switch Administration out there... any place but Washington.

    --
    IAALS.
  11. Fixing the wrong problem by IvyMike · · Score: 4, Insightful

    Did the FBI fail to stop 9/11 because: 1) They didn't have this law? 2) They were still fighting the cold war and largely unprepared to fight Islamic extremists? I vote #2. But instead, we give these guys #1.

  12. Re:Call me a spinless, communist.... by Tom · · Score: 5, Insightful

    what reason would you have to hide it?

    It isn't hidden. There is, however, something called privacy.

    The "if you're innocent, you have nothing to hide" argument is a strawman I tire of. It's not about hiding. When I'm in the bathroom, I am not hiding. That doesn't mean I want everyone looking.

    Same for my bank account. It's simply nobodys business what's going on there. If the FBI wants to peek, they'd better have a good reason to, and until recently, it was a judges job to decide whether the reason is any good.

    --
    Assorted stuff I do sometimes: Lemuria.org
  13. Silly. by ActionPlant · · Score: 3, Interesting

    So I'm ignorant and am not exactly sure what the FBI can determine from my financial records, but I'm still annoyed over this. This seemingly recent trend of similar bills should be cause for alarm. I know we're a republic, but it's still a democratic republic, dammit. I consider one of my personal best interests the right to privacy. I'm not a politician, so why am I subject to the same scrutiny?

    Damon,

    --
    http://actionPlant.com
    1. Re:Silly. by gerardrj · · Score: 4, Informative

      Well, that's a very arguable topic. Do you REALLY have the right to "privacy". Certainly no such right is enumerated in the Constitution or Bill of Rights.

      What right you are granted in the fourth amendment is The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures...

      Now... some in the government seem to think it is reasonable that if you are even thought casually to be a terrorist, that ANY search of your, your property or information is reasonable. This is called the security over freedom camp.

      There are those that argue that the right to privacy is one of the non enumerated rights you hold via the 10th amendment The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. If I may paraphrase that to my understanding:
      "Unless the Federal Government by way of the Constitution or the States via laws or State Constitution retain a right exclusively from the people, the people maintain the right."
      This argument is that people hold all rights until a state law or Constitutional amendment take the right away, thus unless the government specifically takes away your privacy, then you have it.
      The slippery slope here is that the government does not retain the right to torture small children, thus you by default have that right via the 10th amendment. I personally agree with this last point and point out that the state does have the right to make such acts illegal and arest, try and punish you for such acts, but this does not diminish your right to commit the acts.

      --
      Article X: The powers not delegated... by the Constitution...are reserved...to the people
  14. Do you trust them all ? by Alain+Williams · · Score: 4, Insightful
    I suppose I wouldn't mind iff I really trusted these government organisations and everyone that works for them.

    The temptation to just have a peek at: your ex's/neighbour's/brother's_business_rival's/... records will be more than some people can resist.

    Quite appart that there should be a right to privacy.

  15. Re:so? by juniorkindergarten · · Score: 3, Insightful

    The problem is that you may not be doing anything illegal, however your pattern of deposits and withdrawls may make you look suspicious. Before you know it you could end up being held/charged for something totally innocent.
    Can you say police state?

    --
    "Every security scheme that is based on secrets eventually fails." - Steve Jobs
  16. Car Dealers are financial institutions... by Fortunato_NC · · Score: 4, Informative

    Most every car dealer either arranges financing for their customers, and many are actual lenders. You know those "Buy Here, Pay Here" lots you pass on the way to work every morning? Those are cash cows, that border on usury. They sell a $1000 car for $3000, financed through them at 14-18%, and if you miss a payment, they drag it away with a tow truck and sell it to someone else.

    Car dealers pull tons of credit reports, too. Some dealers won't let you test drive a car without pulling your credit. These guys are savvy financial operators, from the lowliest used-car dealer to the biggest multi-dealership operations.

    --
    Blogging Weight Loss, Distance Education, and more at verlin.com
  17. Yeesh. by American+AC+in+Paris · · Score: 4, Funny
    It also expands the definition of 'financial information' to include car dealerships, jewelry stores, insurance companies

    ...yeah, because if there's one thing we know about the archetypical terrorist, it's that they frequent frickin' jewelry stores.

    Y'know, so they can maintain their secular lifestyles of lavish excess. Their jihad-oriented faith demands bling-bling.

    This way, they can crush the infidel Western capitalists in style.

    --

    Obliteracy: Words with explosions

  18. Re:This isn't going to be a popular opinion... by chimpo13 · · Score: 4, Informative

    "but when real (documented) abuses occur"

    Such as an article in a previous post (using the right wing Fox news as a source):

    FBI agents investigating two strip club owners in Las Vegas on bribery charges bypassed a grand jury and instead used the Patriot Act to subpoena the financial records of the bar owners as well as several prominent city and county officials.

  19. So here are your choices: by anomaly · · Score: 5, Insightful

    1. Carp about it on a geek forum
    2. Ignore it - after all no one really cares how much money you spend on chewing gum from chewinggum.com
    3. Find out how your congressperson voted on this issue, and call their office, then write a letter to them about it. When you get the standard form letter back from them, go see them to discuss this issue. If that doesn't get you what you want, use your geek skills to build a community forum site and use that to attract folks who can develop a coordinated campaign to contact congresspeople all over the US to get this law changed.

    Democracy can work. If this is really a big deal to you, then invest your time figuring out how it can and should be undone rather than whine about it here.

    Respectfully,
    Anomaly

    --
    But Herr Heisenberg, how does the electron know when I'm looking?
  20. 15 Republicans voted against it. by Yet+Another+Smith · · Score: 4, Informative
    One of my brother's coworkers noticed that 15 GOP representatives bucked the party line and voted against the bill on principle.

    • John J. Duncan, Jr.
    • Walter B. Jones, Jr.
    • Roscoe G. Bartlett
    • Frank D. Lucas
    • Richard W. Pombo
    • C. L. (Butch) Otter
    • James A. Leach
    • Mike Pence
    • Zach Wamp
    • Donald A. Manzullo
    • Mike Simpson
    • Cliff Stearns
    • Ron Paul
    • Jeff Flake
    • Timothy V. Johnson


    He went to PayDemocracy and set up a campaign to collect donations.

    When this conference report came up for a vote, the vote broke down pretty much by party lines. What's remarkable, though, is that fifteen House Republicans broke ranks with their leadership to vote against the bill. That's remarkable because, in these times, voting against an intelligence appropriations bill, no matter how flawed, is something that could easily be used against them by an election-year opponent ("Congressman X voted against funding the War on Terrorism!"). Also, the House Republican leadership is known for pushing hard for loyalty within their caucus, so it's likely that these fifteen Members are feeling a lot of heat at the moment because of their vote.

    That's why I started this "$15 for the Fifteen" campaign -- to send them a message that there's a constituency out there that wants to thank them for doing the right thing. We need to encourage acts of political courage like this, and the best way to do that is to show the politicians that there are people out there who will rally to their cause and back them up if they stand up for individual liberty. In our system, the way to be heard is with money -- so give $15 for the Fifteen and help make a statement that we're ready to support anyone who's got the backbone to defend our civil liberties!
    --
    if ($it != $onething) {$it = $another;}
  21. Savings Account by tds67 · · Score: 3, Interesting

    Even before this, I was surprised to find out I couldn't have a savings account and do more than six transactions a month on it, because the federal government said so. I had to close it because I had weekly payroll direct deposit going to it, and I was also transferring some funds out of it to a checking account to pay bills from. This added up to more than six transactions per month, so the bank was obligated to send me a warning and then close the account if I didn't change my behavior. So it comes as no surprise to me that this is happening; the feds have had their nose in my banking for quite some time now.

  22. USPS? by cperciva · · Score: 5, Informative

    The part which I find the most scary about this hasn't been mentioned yet: The US Postal Service counts as a "financial institution" for the purpose of this act.

    As a result, an FBI agent can walk into the USPS, without a warrant, and demand a detailed listing of all the mail you receive.

  23. Re:Public Records by letxa2000 · · Score: 4, Interesting
    True. All the more reason to use cash.

    I pretty much haven't used credit cards in the last 8 years. About the only thing they'll see transaction-wise on my credit card bills is payment for hosting services and some business expenses. I've paid for my last two cars in cash so not much to dig up on me there. And while they can see my ATM cash-withdrawl activity, that's not going to tell them much except where I am (which is usually where I live).

    So, basically, the solution to this kind of crap is not doing anything that gives away personal information about yourself. Cash is usually pretty anonymous.

    I suspect that if the FBI did a financial investigation about all they could say is "He doesn't seem to own a house, he has bought two cars in cash, and based on ATM withdrawls we know approximately where he lives." If they look at my IRS records then they'd know exactly where I live, which is overseas... Actually, the lack of information that they could dig up probably makes me look like a terrorist or drug dealer. :(

    They can only track those aspects of your life that you let them track. Live smart, transact intelligently, and you can maintain a lot of your privacy.

  24. I'm so sick of hearing "if you are innocent..." by sabaco · · Score: 5, Insightful

    I'm so sick of hearing "if you are innocent... why do you care?" It's called the 4th amendment - our founding fathers didn't want the government to be able to search us without judicial review - without proving they had SOME case - and without our knowledge.

    I'm innocent but I still don't want my rights violated. I don't want to be randomly searched, spied on, etc. I don't want the FBI or anyone looking at my medical records, bank records, etc. And I believe that for any person in the U.S., if the government or FBI didn't like you, they could put together "proof" that could get you locked up for life - not that they need any proof anymore.

    If my home was searched, they'd find maps, atlases, sharpies, box cutters, CD-RWs, and a long list of other "terrorist equipment". I have books talking about how to protect your privacy, so I must have *something* to hide. I have books of a highly libertarian slant - I must be plotting to overthrow the government! I have a poster of the empire state building on my wall. The poster is there because I think it's a beautiful building, but the FBI could use it as "proof" that I planned to blow it up.

    My financial records show I frequently buy computer equipment - I must by a computer terrorist! I make a cash deduction of $100 about once a week - I must be buying drugs! I wrote a check to a person with a foreign sounding name - he must be a member of my terrorist unit!!

    Government abuses have run rampant the last couple of years - anyone who's opinions differer from the government can have their right to travel violated.

    There has been NO terrorist activity in the U.S. since 9/11. 9/11 was a horrible tragedy but it sickens me that republicans have turned it into an excuse to create a police state. Let's face it - the terrorists won. The U.S. has lost or is in the process of losing all the freedoms they hated us for.

    --
    This is SO educational! -- Kintaro Oe
    1. Re:I'm so sick of hearing "if you are innocent..." by beta21 · · Score: 3, Funny

      Thats right...if you are innocent none of this should worry you

      Go ahead search my house, I'm innocent

      Look at my bank records, I'm innocent

      preform an anal cavity search, I'm...woah there!

  25. Where can I find by ed333 · · Score: 3, Interesting

    a free country? Please tell me 'cause America's not it, and I for one don't intend to wait until the government comes to take even more freedom away!! Where can a person go to just be left alone?

  26. Re:I dont care by exhilaration · · Score: 4, Informative

    The slippery slope argument has already been proven by the FBI's use of the Patriot Act in investiations that have nothing to do with terrorism. Some lawmakers have begun to speak out about the Las Vegas incident, complaining that they were assured that the powers they granted to the administration under the Patriot Act were to fight terrorists, not "garden variety criminals."

  27. it will further destroy the US economy by fermion · · Score: 5, Interesting
    I wonder what this is going to do the domestic banking industry, and the US economy in general. We already have the wealthy funneling money to offshore accounts so it can be hidden from the IRS. We already have corporations leaving the US and reincorporating in foreign countries. One reason that this has not happened more is that US government is a often a more secure place to bank and operate a business than say, Bermuda.

    But this laws says that all bank transactions of a business are public property. It would take only a few corrupt FBI agents to destroy a company by exposing it's banking records. No foreign company will want to bank in the US because it will afraid that the FBI will funnel sensitive information to US corporations. It has been done before.

    And, as if the tinfoil wearing folk do not already have enough encouragement, this is the best reason of all to keep your money in you mattress.

    In summary, if the money and business begin leaving the US in even greater numbers, I cannot blame them in the least. I thought some of the actions of US corporations over the past were quite selfish, but now I am not so sure. I cannot imagine a responsible firm using US banks anymore than is absolutely neccesary

    --
    "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
  28. Anything new? by BrookHarty · · Score: 4, Interesting

    Most federal judges will grant the FBI warrants over the phone within minutes. This just clarifies what the FBI can go after on finacial investigations. If the FBI wants to investigate someone they will, warrants or not. Dont kid yourself, not everything every police agency does is above board. But the majority of FBI agents are hard working, family people who worry about personal rights also.

    The only thing that pisses me off, is they include this as a rider to another bill so it gets passed. A few things I'd like to change are.

    1. No riders.
    2. No fancey names like Patriot Act. (Protect the Children Act, etc..)
    3. Daily updates on bills that are voted on, educate the people.
    4. Stats on which way your congress critter is voting on issues.
    5. Balanced Budget Act.

    I work a 60 hour week, and with my personal life, I barely have time to see what my elected officals are doing. I'd also like to change the way we vote. Instant Runoff voting.(IRV) This would make it easier for 3rd/4th parties to run and take office. And you dont have to worry about wasting a vote.

  29. Re:Call me a spinless, communist.... by monique · · Score: 5, Interesting

    It's not a matter of having something to hide.

    I am not embarrassed about what's in my fridge, but I still don't invite people to take a peek. I'm not embarrassed about what's in my palm pilot, but I still don't post it on the web.

    The question isn't, "Do I have something to hide?" The question is, "Why should I allow you to go on a fishing expedition through my private life when you have no admissable cause to suggest that I'm doing anything illegal?"

    --
    -monique
  30. Eroded? by Chris+Burke · · Score: 4, Insightful

    It bugs me that they've eroded the 4th ammendment even this much.

    When they blast passages through the mountains with dynamite to build roads, you don't say they "eroded" it.

    Slippery slope? The slope is a smoking crater. The rubble is being loaded into a dump truck and hauled away, and they weren't planning on noticing.

    Everyone got mad when the Mayor of Chicago bulldozed an airport in the night, despite public outcry. Now the President and Congress are doing the same thing with the Bill of Rights. And yeah, I'm pissed.

    --

    The enemies of Democracy are
    1. Re:Eroded? by cant_get_a_good_nick · · Score: 4, Informative

      Everyone got mad when the Mayor of Chicago bulldozed an airport in the night, despite public outcry. Now the President and Congress are doing the same thing with the Bill of Rights. And yeah, I'm pissed.

      And Daley used the terrorism angle too, stating that it could be a launching point for attacks against downtown buildings. Most experts thought it would have the opposite effect - you're rermoving some radar and traffic controllers closest to downtown, and normal flightplans places planes pretty closely anyway. He later recanted this, essentially saying he just wanted to do it and get it over with. It was slated to close, it's lease with the Park District ending, but he wanted to fastforward a few years. Silly thing is, it's in a horrible spot for a park, isolated from the rest of the lakefront and probably won't ever be really used.

  31. Re:Call me a spinless, communist.... by Sylver+Dragon · · Score: 4, Interesting

    But, really, bank records? Its not like its the usual dirty laundry like how much porn you have on your computer... unless your doing something illegal, what reason would you have to hide it? (I honestly am inquiring... I'm sure /.ers can help me out here...)

    You are asking the wrong question. The question that should always be asked is, why do they need it? If the answer is some nebulous, for your security answer, then they don't really need it, they are just fishing. There should be a specific and functional answer as to why such information is needed. Moreover, why do they want to avoid judicial oversight? Its not like they couldn't get this information before, it just required a judge to sign the subpeona. Sure, it takes a little time, but those records aren't going anywhere. The only reason, that I can see, that the FBI would want to be able to do this without judicial oversight, is to avoid pesky questions about thier resons for what they are doing.
    And, to answer your question, read up on the Stazi (sorry, couldn't find a good link), or the East German secret police. Basically they existed to terrorize the populous, and many of the tactics being pushed by the US government today smell the same as those the Stazi employed.
    Its not that I want to keep the FBI/Police/etc. out of all bank records. They should have access to that, but it damn well better be under judicial oversight.

    --
    Necessity is the mother of invention.
    Laziness is the father.
  32. Your $15 Can Help Fight Back by jalefkowit · · Score: 5, Interesting
    When this first went through Congress, I got so frustrated by the lack of any way to take direct action that I decided to do something about it myself. So, I launched the "$15 for the Fifteen" campaign to fight back:

    $15 for the Fifteen

    When the House voted on the measure, fifteen House Republicans broke from their party to vote against the bill, specifically because of their concerns about the stealthily inserted PATRIOT language. I'm a Democrat, but I thought that kind of principled stand was what we needed more of, not less -- and I thought it was a shame that the most likely outcome for these guys would be a world of hurt, since the House GOP leadership (especially Majority Leader Tom "The Hammer" DeLay) is famous for demanding loyalty above all else.

    That's what "$15 for the Fifteen" is all about. It's a chance for people who want to express their opposition to this PATRIOT expansion to do so in the way politicians pay the most attention to -- in cash :-)

    The idea is that you put fifteen dollars into the campaign fund -- one dollar for each of those Republicans who voted the right way -- and when the campaign ends, the total funds raised will be split equally between all fifteen of them, and each one will get a letter with his share explaining that this money comes from citizens who want to thank him for doing the Right Thing on this bill. It's not general support, it's support on this issue -- which means your $15 doesn't disappear into some non-profit's general fund.

    (I should mention that it wouldn't be possible to run a campaign like this without PayDemocracy, a great service that I used to put it together. I have no affiliation with them, and I'm not getting a penny of your contribution.)

    If you want to do something concrete to send a message to the politicians that there are people out there who are watching them on this issue, and that will support them if they do the right thing, come join me -- it doesn't take many $15 contributions before we have a serious chunk of change, and that will really get their attention. It's less than the cost of a CD, and it's a first step towards making sure that things like this don't happen again. Not too bad for $15, don't you think?

    1. Re:Your $15 Can Help Fight Back by AbbyNormal · · Score: 3, Informative

      We shouldn't have to pay for our democratically elected officials for doing the "Right Thing".

      I'm pretty sure a very nicely worded letter to them congratualating them would have sufficed. Also, a strong worded letter to your elected officials who did NOT vote against this bill would be better yet.

      --
      Sig it.
  33. end party monopolies by js7a · · Score: 4, Insightful
    The most effective way to prevent this sort of thing is make sure one party doesn't control the House, Senate, and White House at once, as the Republicans do now. It wouldn't be significantly better if the Democrats controlled all three, what we need is at least one of the three to be controlled by an opposing party. That's the only way to prevent such out-of-the-sunshine legislation.

    It would also help if the two parties weren't so chummy.

    Oh, to have gridlock again.

  34. Liberty forum you gotta be joking by segment · · Score: 3, Informative
    Liberty forums... A Believable Source? Let's see what they say there...

    The cocksucking jew bastard "STEPHEN SOLARZ" was the same motherfucker who led the charge for us going into Iraq in Gulf War 1 and if you can find a copy of the speech he made at congress..it will scare the hell out of you. We really have a ZOG! (source)

    ZOG as in Zionist something something... shit people say things I write are conspiratorial, but man those liberty forums they have the right frame of mind... Run /.'ers

  35. Re:Vote Libertarian by mabu · · Score: 4, Interesting

    That's all fine and dandy but the problem with the Libertarians is that they do not have a realistic plan for running the country. They have this idealistic notion involving minimizing governmental power and control, but you start asking the Libertarian candidates how they'll handle situations that need to be mandated on a national level (pollution & environmental, business monopolization, utility regulation, transportation, etc.) they give you a bunch of double-talk that indicates they have no plan, nor a solid idea of what they're doing. Libertarians, for the most part, have a very narrow, unrealistic agenda that while most Americans seem to find appealing, would end up creating unworkable policy that would make the country even worse.

  36. Is all this really necessary? by mabu · · Score: 3, Funny

    With all those personalized credit cards they have now. If you're a pet owner you can get a Yorkshire Terrier picture on your credit card; scuba divers have their DAN credit cards, etc. I think Citibank should come out with the "Terrorist VISA" card, perhaps with a picture of Saddam or Osama on it, maybe a burning US flag or something. Of course, all the terrorists will apply for the new Citibank Terrorist VISA and then we'll know exactly who they are!

  37. So much for the rule of law. by Facekhan · · Score: 3, Insightful

    "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."

    I don't recall seeing any mention whatsoever granting specific powers of any kind to the FBI in excess of what is stated in the constitution. Of course no one really cares about such details when guys with guns and facemasks to hide their identity are dragging you out of your house in the middle of the night for extrajudicial executions. We are not too far from it now.

  38. bill signing on Saturday????? by gordona · · Score: 3, Insightful

    Nearly everyone is missing the fact that December 13, the day that Bush signed this bill, was a Saturday AND the day that the capture of Sadaam Hussein was announced. Does anyone smell a rat here, besides the one in the hole that the US (or the Kurds) discovered? What a great way to keep the news of the signing a bill that further pecks away at the Bill of Rights than to do it on a weekend and when another really big news item is released. The media appears to be complicit in publicizing only what the administration wants the public to know.

    --
    "Gentlemen, you can't fight in here! This is the War Room!" -- Dr. Strangelove
  39. Fnord! by mkro · · Score: 3, Insightful

    I'm currently re-reading the ultimate conspiracy (and so much else) novel of all times: The Illuminatus! Trilogy.

    The following quotes fit all too well:

    "...When communism replaces fascism as the number one enemy, your small-town conservative will be ready for global adventures on a scale that would make the heads of poor Mr. Roosevelt's liberals spin. Trust me. We have every detail pinpointed. Let me show you where the new government will be located."

    Drake stared at the plan and shook his head. "Some people will recognize what a pentagon means," he said dubiously.

    "They will be dismissed as superstitious cranks. Believe me, this building will be constructeed within a few years. It will become the policeman of the world. Nobody will dare question its actions or judgements without being denounced as a traitor. Within thirty years, Mr. Drake, within thirty years, anyone who attempts to restore power to the Congress will be cursed and vilified, not by liberals but by conservatives."

    (...)

    "To crush the opposition, we will need a Justice Department equivalent in many ways to Hitler's Gestapo. If your scheme works - if the Mafia can be drawn into a syndicate (...) we will have a nationwide outlaw cartel. The public itself will then call for the kind of Justice Department that we need. By the mid-1960s, wiretapping of all sorts must be so common that the concept of privacy will be archaic."

    I'm waiting for George W.B. to start building the pyramid-with-the-eye on the top of the White house any day now :)

    --
    I shall go and tell the indestructible man that someone plans to murder him.
  40. Same clause as in PATRIOT. by Chris+Burke · · Score: 4, Interesting

    /., google news, and other sources should all have ample documentation of how well that clause works to restrict the use of these powers to terrorism investigations.

    Seriously, they write themselves a note that says "Yup, this is for terrorism" and that's it. They don't have to show the note to a judge, they don't have to be held accountable for the veracity of the note, with all evidence inadmissable should the claims of the note prove false. They just have to write it.

    You know, when I turned 18 my senior year of high school, I could write my own sick notes to get out of school, and I wasn't held accountable by anyone. You may find this amazing, but sometimes I wrote myself a note even when I wasn't really sick.

    --

    The enemies of Democracy are
  41. The terrorists have already won by Unregistered · · Score: 4, Insightful

    As long as the supposed terrorist threat is enough that people will allow this stuff to happen, the terrorists are winning.

    Don't vote for any representitive who voted for this law. If enough people do, they'll get the picture. The new guy may not be any better, but at least he'll be worried about re-election. The to parties are so similar it doesn't really matter weather a republican or democrat gets electd, so vote against incumbants that sign this shit.

  42. So write your sentaor! by Nevo · · Score: 5, Insightful

    I just did.

    Easy lookup at http://www.senate.gov.

    Remind them that election time is just around the corner and you'll be considering his/her reaction to this issue when you hit the voting booth.

  43. Why do we always assume terrorists need big$? by Average · · Score: 3, Insightful

    It seems like everything to do with the war on terror is focused on 'follow the money'. Why? I mean, I understand that Bush, Cheney and everyone they've ever personally known have been cash fetishists. Therefore they assume everyone that they oppose is after their cash. Is that what it's about?

    Sep. 11 budget?

    19 airline tickets, bought ahead online.
    Motel room, rental cars.
    (maybe) an efficiency apartment in Florida to sit around a table and plot evil for two months.
    Boxcutters.

    Total cost? $8000? I could slap that on my MasterCard.

    Terrorism is not at all $$ expensive. That's sort of the point. So what do they think they'll find by all this new power?

    Common criminals, mostly drug runners, whose assets they can seize.

  44. What to do by Unregistered · · Score: 3, Insightful

    Buy firearms and lots of ammunition. As long as the population is armed, the government can't have complete control. If you want freedom, be prepared to fight for it because soon you may have to.

  45. Re:Save the US by Nucleon500 · · Score: 4, Insightful
    I really wish we had more parties, but I'm not sure a mandatory vote is the way to do it. I'd prefer something like instant runoff voting, which might have a similar effect. The whole system today is flawed. Kodos says it best: "It's a two party system - you have to vote for one of us." "I think I'll vote for an independant candidate" "Fine, waste your vote."

    I'm not so naively optimistic to think it'll ever get fixed, though. Oh, well.

  46. Re:Terrorist Clause (aka, violating rights clause) by ramdac · · Score: 5, Interesting

    It seems as though this administration is made purely of strict constructionists of the constitution. Bush's administration has completely ignored what all the other presidents have noted as natural laws, like the freedom of privacy. Our many privacies are now being stripped along WITH the freedom of speech. They're saying that they can investigate you and the librarian (or whomever) cannot inform you of your invasion of privacy.

    I remember reading articles before 9/11 how the FBI wanted Library records but couldn't get them easily. This is something they've been wanting to do for some time. They'll use it to find terrorists, and it'll be a good thing. But they'll also use it to invade the civil liberties of many law-abiding citizens.

    The end never justifies the means. It is an invasion of our liberties and a tragedy to the memory of all who have died to perserve those rights to allow the government to do this to us.

    To quote someone noteable on this issue:

    "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
    - Benjamin Franklin, Historical Review of Pennsylvania, 1759.

  47. Re:Call me a spinless, communist.... by j7953 · · Score: 3, Insightful
    unless your doing something illegal, what reason would you have to hide it?

    By the same reasoning, unless the FBI is doing something illegal, what do they have to hide from judicial oversight?

    --
    Sig (appended to the end of comments I post, 54 chars)
  48. "National Security" has a lose definition at best by erroneus · · Score: 5, Interesting

    If you were to browse http://www.tsaunion.com you might find a story about a Federal Security Director who was fired for refusing to break the law. (He was ordered to perform acts that were discriminatory against women and minorities... he got his orders on AUDIO TAPE and was fired for refusing to carry out orders.) As he is even now trying to attain justice but efforts by investigators are being blocked in the name of "National Security."

    So you see, "National Security" is a very broad definition when you can include illegal behavior of government employees and organizations.

  49. No wonder they get away with murder by sjames · · Score: 3, Insightful

    Apparently, section 374 of The bill is the relevant section.

    They accomplish this treachery by patching bits and pieces of the "Right to Financial Privacy Act of 1978" without making any explicit references whatsoever to what the patching will do. It doesn't halp that some bills have sections that patch a patch for a patch, so that it's nearly impossible to figure out what the final result will actually say, much less what it means.

    Forget line item veto, what we really need is an all or nothing law, so that a bill may repeal or replace in full an existing law but may never simply modify. Any replacement may NOT include any other text by reference, only by explicit copy.

    That might actually fix some small part of the non-sense.

  50. What's the definition of terrorism? by cant_get_a_good_nick · · Score: 4, Interesting

    The thing that scares me the most about this is the current administation's readiness to be flexible about the definition of terrorism. Have a protest on the street? Hmm, that's blocking street traffic, affecting stores. Economic terrorism. (This was a law they were trying to get passed in Oregon). Any organization in your protest take in any money from outside the US? You just became an international terrorist organization, in the eyes of the Bush administration. Very scary, especially since the other Bush administration (Jeb down in Florida) came down hard on peaceful demonstrators in Florida. Guilt by association... the protests had avery small subset people who were anarchists, and had some violent leanings. I don'tapprove of violence, and neither did many of the other protesters, who were in many cases elderly. But everyone was cuffed, and the police superintendent basically said "tough, if one's violent, they're all violent, and they should all be treated hard". Hmm, guilt by association, I wonder if we should bomb Rumsfeld since he was Saddam's friend in the 80's, or bomb Bush Sr., because he helped train Ossama.

    I'm usually pretty passive as far as politics go. I vote, but that's about it. But I'm scared of the times we live in. It's time for action. This administration has led us down a scary course, but most americans are too passive. It's our responsibility to show them that their vote matters, that this administartion does thigns that affect their daily life. make people want to vote. start talking about politicians, and more importantly what we can do about them, instead of throwing up our hands and say "well, thats' in washington"

  51. A better question... by Anonymous Coward · · Score: 3, Interesting

    Just how does one bring a test case against it?

    If you sue without any proof that you were investigated, they can say that it's not relevant to you (courts only have jurisdiction over "cases and controversies" -- e.g. they can't just review laws out of the blue)... but, by law, you cannot get any such proof, because all these institutions have to keep these searches secret. Thus, congress bypasses all the judicial review that's supposed to be in place... those checks & balances which are supposed to limit its power... In other words, it's something of a catch-22 in terms of how to oppose the eroding of one's 4th ammendment rights.

    Sadly, there is exactly one way I can think of to test it. Someone who is ordered to do one of these secret reviews has to take them to court, which would make you guilty of publicizing the fact that they wanted to do such a covert search. Translation: want judicial oversight? Get sent to Guantanimo Bay... Fun :/

    I really don't like the way this law is constructed, even though I hate ter rorists, terr orism and everything they stand for :/ Somehow, it's almost like the inverse of Mulburry vs. Madison (the case that gave us judicial review, e.g. that said that judges can declare laws unconstitutional).

    Posted anon in the (futile?) hope of not being labeled a terr orist due to specious logic. Extra spaces are to avoid word searches.

  52. Re:Terrorist Clause (aka, violating rights clause) by matfud · · Score: 3, Insightful

    I think you ment "The end can always be made to justify the means"

    The problem is that it is very hard to quantify
    the benefits an individual obtains from privacy. It is therefore, quite easy to justify removing those rights.

  53. Preventing "out of sunshine" legistlation by wowbagger · · Score: 4, Interesting

    I respectfully disagree with your assertion that having one of (house|senate|pres) be a different party would prevent "out of sunshine" legislation - plenty of laws have been snuck through when there were different parties in control.

    I assert that the only way to prevent this sort of stuff is to require that ALL laws must stand for at least 1 year public scruteny (e.g. be available online, and at public libraries), and then the only allowable vote is YES or NO - any changes restart the clock.

    Consider this "open source" law - everybody gets to see what will be voted upon (not some sanitized version that has yet to be buggered in committee) - any funny business will be dragged kicking and screaming into the light of day, to burst into flames and die (sorry, but Angel is running in the other room).

    The ONLY laws that I would allow to bypass this would be "emergency" laws, which would be under the following restrictions:
    1) May only run for 18 months, with no possiblity of renewal.
    2) May NOT create any permanent offices, penalties, etc.
    3) Must be 1000 words or less.

    Should the courts find a given "emergency" law to be substantially similar to any other law, it is IMMEDIATELY struck down.

    In short, when trying to solve a problem (laws being passed in the dead of night with nobody around), DIRECTLY address the problem.

    Of course, to make something like this stick, it would have to be a Constitutional Amendment. Thus, the real probability of this occuring in this day and age is slightly less than the probability of my inventing a time machine and getting this written into the original Constitution.

  54. Coincidence? by djonce · · Score: 3, Insightful

    Is it any coincidence that Saddam was "captured" on the 14th of December?

    Me thinks he was rolled out as a diversionary tactic just like good ol' Osama will be proclaimed dead from kidney failure or "captured" shortly before the '04 election to improve Bush's ratings.

  55. Re:Horrible Argument by pi_rules · · Score: 4, Interesting
    I have a feeling you think along the same lines at me. Please do not consider my reply to be personal in nature. Profanity my spew forth from my fingers, but I assure you it's only in digust of the situation at hand, and not at your personal thoughts.

    When our forefathers fought their war of independence, they had nearly the same equipment (technologically speaking) as the British they were fighting. Now the populace is so far behind. The military would win. That's why we must act now from keeping things from becoming another civil war.

    I'm going to bounce all over the wall on this one. The above is the thing that gets my goat though. Not because it was said but because it's the truth.

    FACT: The 2nd Ammendment of the United States Constitution exists for the SOLE reason that the general population needs to have the arms to overthrow the government if need be. If you don't beleive that's why it was written, go read up on your history. It's the truth.

    However, is it reasonable? In principle yes, but the US Citizen has been so hampered by firearms laws since 1934 and on that it's just not possible for us to arm ourselves properly. We have a few points of strength though.

    True, the US Military is 500,000 strong. I would expect a 40% AWOL though if troops were ever force to fight against our own citizens. That's hopeful thinking though.

    There are en estimated 80,000,000 firearms owners in the United States however. A highly trained, well equiped force of .5 million against 80 million is actually possible. However, that's assuming one thing:

    All of the .5 million US troops actually know how to handle small arms weapons in close quarters, urban environments, and rural settings. They do not. I guarantee you this. Very few troops actually know how to fondle an M16 or M4 rifle. I know, I have buddies in the Army that had me teach them how to field-strip the AR-15 variety of weapons and fire them so they'd have a leg up on the other recruits.

    None of the 3 (out of 4) have actually been trained, beyond moderate skills, on how to handle small arms. Two are tankers, one is an Air Force bomb loader, and the 4th actually is a special-op in training guy that DOES know how to handle a rifle. I know 2 more military fellows (one Air Force, one Navy) that wouldn't know how to work an AR style rifle if their life depended on it.

    Our military, by and large, excepting the Marines, are not riflemen. They are manning tanks, computers, air craft carries, and aircraft.

    You launch tank, artilerary, and bombers against the population and you have just lost the compassion of the American people. The civilian hunters and patriots are very capable of a guerilla attack against the politicians that vote such things into being. The day that happens I predict 435 dead members of congress, 100 senators, 1 vice president and 1 president. They'll never launch large arms against our people for this reason.

    Well, at least not now. We have some semblance of firearms ownership left in this country.

    It's fun to wax nostalgically about how "back in the day" arms were simple and the common people had the proper arms to form a rebellion. You'd think that this is no longer true because arms have advanced so quickly that we cannot keep up with the government. Oh, how I wish that were true.

    FACT: The very arms that the original patriots armed themselves with ARE NO LONGER AVAILABLE TO THE COMMON MAN! That's right, folks, we can't even own a black powder cannon anymore. The original partiots had them. We don't. How's that for a kick in the ass?

    As a further kick in the ass, some asshat in New Jersey actually proposed a bill that would have made 50 caliber muzzle loaders illegal. Nope, nobody wants to disarm the hunters.... keep looking the other way.

    Lets's look at this. The average American soldier does not have the skills necessary for urban fighti