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Patents vs. Secrecy

giampy writes "New Scientist is reporting that the NSA appears to be having its patent applications increasingly blocked by the Pentagon. From the article: 'the fact that the Pentagon is classifying things that the NSA believes should be public is an indication of how much secrecy has crept into government over the past few years.'"

219 comments

  1. If you can't patent it... by Spy+der+Mann · · Score: 5, Funny

    publish it! :D

    1. Re:If you can't patent it... by letxa2000 · · Score: 1, Informative
      the fact that the Pentagon is classifying things that the NSA believes should be public is an indication of how much secrecy has crept into government over the past few years.'"

      What a load... "Over the past few years?" Come 'on, cut any silly implications that government secrecy is somehow something new with the Bush administration. The FOIA was passed for a reason and it was passed long before "a few years ago."

      Government secrecy is nothing new... just the spin.

    2. Re:If you can't patent it... by nmb3000 · · Score: 2, Funny

      Dear sir.

      I can tell by your UID that you're not new here. I can only believe that perhaps you've been on sabbatical for the last 7 years. Perhaps you are recently recovering from amnesia? Did you buy your Slashdot account on Ebay?

      In any case it is my unfortunate duty to inform you that everything is the Bush administration's fault. In fact, I have it on good authority that the Bush administration caused cancer, created the 2004 Tsunami, and were the real authors behind the "Hot Coffee" mod. These acts and many others been uncovered by trusted sites such as MichaelMoore.com, The Onion, and Slashdot.

      The truth is that they are responsible for just about everything since their takeover of the Lewinsky administration. Sorry to break it to you like this but they are pure dag-nasty evil, it's just a fact.

      --
      "What do you despise? By this are you truly known." --Princess Irulan, Manual of Muad'Dib
      /)
    3. Re:If you can't patent it... by Mattcelt · · Score: 5, Informative

      cut any silly implications that government secrecy is somehow something new with the Bush administration

      You're right, secrecy isn't a new idea in government. However, the sheer amount of secret things - classified data, blocked FOIA requests, and so much more has grown exponentially in the past 20 years or so. The amount of secrecy allowed in the US now is leaps and bounds above what it was when Reagan was president. (And it was a lot then!)

      It used to be that data defaulted to "unclassified" unless it was specifically classified. But lately it's taken a quite a turn - more and more data is defaulting to "classified".

      I think a large part of this has to do with two realizations at the government level. One, the less information about the government is out there, the less accountable their constituents can hold them. (This is why the FOIA is so critical for the protection of rights for US citizens.) Two, statistical mining, data interpolation and extrapolation, and other sophisticated, computationally-intensive information guessing techniques have advanced so rapidly and with such efficacy that even when only "non-sensitive" portions of data are released, people are becoming extremely good at figuring out the underlying secrets.

      Personally, it scares me that the government can keep secrets from me without even telling me why they're keeping it a secret. ("National Security" has become the catch-all reason to classify ANYTHING, it seems.) It scares me more that the government will no longer let me keep secrets from it. That disparity is beginning to undermine the balance of power between the electors and the elect, and could very easily lead this country into a tryannical state. I thank God that there are still some idealists in the government who are trying to make the right decisions; it is they who help to counteract the creep of power and those it affects.

    4. Re:If you can't patent it... by bleckywelcky · · Score: 2

      Unfortunately there are these little things like ITAR (International Traffic in Arms Regulations) and Export Control restrictions. Whereby, no matter how innocent the action may be, if they can trace the source of controlled information back to you, they'll fine the hell out of ya and throw you in jail. Although, I guess if you publish anonymously, you could try to skirt that.

      People sometimes think these restrictions only apply if you cross borders. But even if you are in the USA, if you talk about restricted information around non-citizens, you are in violation, even if you did not know they were non-citizens.

    5. Re:If you can't patent it... by kcbrown · · Score: 3, Insightful
      I thank God that there are still some idealists in the government who are trying to make the right decisions; it is they who help to counteract the creep of power and those it affects.

      Unfortunately, I believe their numbers are dwindling, as corporate sponsorship (what else can you call the necessity of corporate "campaign contributions") continues to become more necessary for one to be elected.

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    6. Re:If you can't patent it... by Frnknstn · · Score: 1

      From TFA:

      2000: 0 NSA Patents Blocked
      2000: 0 NSA Patents Blocked
      2000: 0 NSA Patents Blocked
      2000: 5 NSA Patents Blocked
      2000: 9 NSA Patents Blocked

      "Lameness filter encountered.
      Your comment violated the "postercomment" compression filter. Try less whitespace and/or less repetition. Comment aborted."

      --
      If it's in you sig, it's in your post.
    7. Re:If you can't patent it... by Frnknstn · · Score: 3, Informative

      Oops, that must have been why the filter kicked in :)

      2001: 0 NSA Patents Blocked
      2002: 0 NSA Patents Blocked
      2003: 0 NSA Patents Blocked
      2004: 5 NSA Patents Blocked
      2005: 9 NSA Patents Blocked (up to March 2005)

      --
      If it's in you sig, it's in your post.
    8. Re:If you can't patent it... by servognome · · Score: 2, Interesting

      Just to play devil's advocate, I see classifying everything more as a "cover your ass" type policy than some high level conspiracy against the US citizens.
      If information was released under the FOIA that is linked in an incident (eg terrorism) somebody will pay. Most people don't care about the FOIA, something doesn't get released, it's on 60 minutes for 15 minutes, and then people forget about it. One memo linked to an incident and there will be outrage for years about how the goverment failed to protect its people.

      Sadly, all but idealists would sacrifice liberty for security.

      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    9. Re:If you can't patent it... by Anonymous Coward · · Score: 0
      I thank God that there are still some idealists in the government who are trying to make the right decisions

      There are? I can only name one, congressman Ron Paul.

    10. Re:If you can't patent it... by Anonymous Coward · · Score: 0

      Sorry, you can't see GWB's purchases from Victoria's Secret... its, *Secret*, National Security y'know ;-)

      Which is fine, his wife in a slinky little... (shudders)...

    11. Re:If you can't patent it... by Anonymous Coward · · Score: 0

      How about we Tell the "Authorities" we want "PERSONAL SECURITY" , if they have "national" security

  2. its bush's fault by Dragoonkain · · Score: 0

    really..

  3. win/win by tooba · · Score: 5, Funny

    Does this mean that there are a bunch of secret ideas out there that I can patent for my own personal profit? Score!

    1. Re:win/win by mfago · · Score: 3, Informative

      Try to patent something that the government thinks should be (or is) secret and suddenly you'll find you no longer have any rights to it. Not sure if they are required to pay you, although Feynman eventually did manage to get $1 for the idea of a nuclear submarine...

    2. Re:win/win by David+Gould · · Score: 4, Interesting


        although Feynman eventually did manage to get $1 for the idea of a nuclear submarine...

      Heh. Though of course, while you could call that story an example of an inventor being screwed out of his IP rights by the government, I'd say it's more an example of patents being granted frivolously.

      As I recall, the way he told it was that, after the Manhattan Project was done, Feynman was asked if he could think of any other (i.e., non-bomb) applications for atomic energy. He replied by listing, off the top of his head, a bunch of "things that use energy". He later found that he'd been granted, for each $X in his list, a patent on "an atomic-powered $X".

      Kinda puts "1-click shopping" to shame, huh? In a way, it's heartening -- at least the USPTO's willingness to grant patents on vague ideas, without even requiring them to have been implemented first, is nothing new.

      --
      David Gould
      main(i){putchar(340056100>>(i-1)*5&31|!!(i<6)<< 6)&&main(++i);}
    3. Re:win/win by Brunellus · · Score: 2, Interesting

      A patent's claims may be rejected as "unspecific" under the first paragraph of 35 USC Sec. 112.

      It is not as easy to get a patent as many people here on /. seem to think.

    4. Re:win/win by alich · · Score: 1

      well actually the RSA encryption technique was made up by brittish mathematicians post ww2 and then classified by Brittish gov, but they didn't get anything from it since it was partly patented before the classification was removed (i think 50 years later, in 1999 or so).

  4. Geritol. by Anonymous Coward · · Score: 4, Interesting

    "From the article: 'the fact that the Pentagon is classifying things that the NSA believes should be public is an indication of how much secrecy has crept into government over the past few years.'""

    Now there's a double helping of Irony.

    The pentagon is more paranoid than the NSA.

    Plus it was the NSA that was paranoid back during the RSA era.

    1. Re:Geritol. by Daniel+Dvorkin · · Score: 5, Insightful

      I suspect it's the sign of a culture clash as much as anything. Below the top level of bureaucracy, the NSA employs a lot of very smart people -- and not just smart, but creative and curious people as well, many of them mathematicians and computer scientists engaged in pure research. (One of my math professors, an absolutely brilliant guy and a great teacher, was hired away by them to work on Some Project for Some Amount Of Money That Was Unspecified, But Was Much More Than He Was Making Teaching College. I was happy for him, but sad that I wouldn't be able to take any more classes from him.) Even if they work for "No Such Agency," they're basically long-haired hippies who want to share their work with, like, the human race, man. And of course the Pentagon is ... well, it's the Pentagon. No hippies allowed. It's like the standard IT-guys-vs.-suits conflict that's played out in the corporate world all the time, but with much higher stakes.

      To boil it down to /. terms: the Pentagon loves Microsoft, the NSA released its own Linux distro. You figure it out.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    2. Re:Geritol. by NoTheory · · Score: 2, Interesting

      No, one could make a case that this is directly in line with the rest of the Grover Norquist school of thought.

      From the article:
      However, at another level, the Pentagon appears to be relaxing slightly: it seems to be loosening its post 9/11 grip on the ideas of private inventors, with the number having patents barred on the grounds of national security halving in the last year.

      The Pentagon is blocking patents from the government, but allowing patents to private inventors... i.e. corporations. (this of course assumes that the sorts of patents given to private individuals are on average similar to the stuff the NSA is trying to publish, which may be a safe thing to assume) If you're looking for an ulterior motive, it's really easy to build a case that the Bush admin is trying to give away the government to the rich & powerful.

      --
      There are lives at stake here!
    3. Re:Geritol. by gnuLNX · · Score: 0, Flamebait

      Ok....I figured it out.....you.....are a...quack.

      Ok that was totally outta line. just put down the tin foil hat sir.....sir move away from the hat.

      --
      what?
    4. Re:Geritol. by shbazjinkens · · Score: 1

      I didn't know there was a Linux distro, so I googled it.

      Here is a link for the rest of the curious.

    5. Re:Geritol. by SpaceLifeForm · · Score: 1
      The NSA has not released a distro. Just patches, library code and userland tools to implement SELinux. Most of it is now in 2.6 kernel. But the NSA never put together a complete distro.

      As to the the Pentagon being pro-MS, well, lets just say that the NSA is pro-freedom.

      --
      You are being MICROattacked, from various angles, in a SOFT manner.
    6. Re:Geritol. by VP · · Score: 2, Interesting

      The pentagon is more paranoid than the NSA.

      I am wondering if this is indeed related to secrecy, or if it has more practical (read "monetary") implications. If a patent is granted, do you want Halluburton (as the default DoD contractor) to pay a license fee? Or do you just give them the information to use as they see fit (and probably charge the governament for R&D in the process)?

      Never underestimate the corruption of the political elite...

    7. Re:Geritol. by Anonymous Coward · · Score: 0

      "lets just say that the NSA is pro-freedom."

            You know I'm not fond of secret organizations as they tend to usually do nasty things. However, the NSA (as far as I know) is mostly a bunch of idealistic scientists that really believe in concepts like freedom beyond just uttering the word as a mindless propaganda tool. Their mission is mostly to gather intelligence--not be assassins and set up puppet governments.

            It must be interesting being part of one of the world's most secret organizations but also (quite ironically) be in the business of aqquiring information to the nth degree. With the power they wield and the fact that I can still speak my mind--without being shot--means I can trust them. No one joins the NSA for money, fame or to shoot people because it's a cool childhood dream. It's because they believe in something greater than themselves. Furthermore these people are the smartest of the smart--and those people tend to be the kindest in a world filled with unforgiving ruthlessness.

      One the other hand, the incompetent lawmakers and their puppeteers-- is quite another matter.

    8. Re:Geritol. by meringuoid · · Score: 1
      However, the NSA (as far as I know) is mostly a bunch of idealistic scientists that really believe in concepts like freedom beyond just uttering the word as a mindless propaganda tool. Their mission is mostly to gather intelligence--not be assassins and set up puppet governments.

      * dispatches Sam Fisher to go correct that misapprehension *

      That said... you may well be right. I don't know about NSA, but GCHQ (the UK equivalent) is derived from the wartime codebreakers of Bletchley, Turing's mob, who were undoubtedly hackers and geeks to a man.

      If that culture has survived (which is hard to know, but one can guess from the recruitment material that GCHQ keep advertising everywhere) then they're probably quite a good bunch. So, if they're reading this... like they do everything else... hi, guys!

      --
      Real Daleks don't climb stairs - they level the building.
    9. Re:Geritol. by quarkscat · · Score: 1

      "To boil it down to /. terms: the Pentagon loves Microsoft, the NSA released its own Linux distro. You figure it out."

      AND, the Department of Homeland Security loves Microsoft, having signed a multi-year $6 Billion USD contract.

      Doesn't the DHS's widespread adoption of MS OSes qualify it as an oxymoron? No wonder the USA's borders and seaports, chemical and nuclear plants, and our military bases are all sitting targets still.

      I cannot tell you how relieved I am that all of my personal information, as well as that of the other 370 million Americans is so well protected.

    10. Re:Geritol. by Anonymous Coward · · Score: 0

      "So, if they're reading this... like they do everything else"

      This is the way I image they work.

      Previous intelligence to....
      - figure out new ways of doing things
      - also figure out what data they WANT to capture.
                - for a particular adversary (indvidual or country)
                - general "research"
      - Do their best to get it (sat, comp, manpower, etc)
      - Store
      - Decrypt
      - run/maintain programs that flag patterns (probably text, voice and even a few camera/videofeeds) some psych ops guys say are important. (Might be reviewed by human eyes but probably just another program first)
      - build up porfolios that track individuals (probably everyone) that can be dug up in a moments notice
      - when something goes 'boom' get everyone to review yesterdays audit trail. (huge amount of work)
      - give report to leader spooks who then gives brief synopsis to president
      - leaders returns to trenchs with persons of interest to target
      - repeat (lots of steps inbetween)

      I severely doubt they read much (relatively speaking) in terms of personal data. Even 25-35000 employees is a drop in the bucket when you have billions of transactions occuring daily. Plus you have all the other types of work you need to do just to get to the data they actually want to read and make sure everything is kept secret. Working at the NSA must sometimes be like a paranoid mushroom trip. Who knows how much misdirection occurs to keep secrets intact.

      Mind you I would be surprised if they didn't have something like a NSAoogle and just a raw DB to assist in creative queries.

      Let's see... (canned query)

      Select * from wanteddeadoralive
      where firstname = "osama"
      and lastknownlocation = "a cave even deeper than saddams"

  5. Compensation? by Karma_fucker_sucker · · Score: 5, Interesting
    From TFA: So there are now 4915 secrecy orders in effect - some of which have been in effect since the 1930s.

    If the Pentagon makes your patent secret, will they compensate you? I know that's a hard call as far as value is concerned. But let's say you're in negotiations with some company. You're coming to an amount of $5 million. Will the Pentagon send you a check for $5 million. Will they compensate the company in negations with you too? Or will they just say "Eminent Domain" and just take the thing and if you object, put you in jail?

    What would happen if you just said "Fuck you!" and release it on the Net - jail you? The cat's already out of the bag.

    --
    Evil people don't think they're evil. - George Lucas, Making of Ep III
    1. Re:Compensation? by xiphoris · · Score: 2, Informative

      Or will they just say "Eminent Domain" and just take the thing

      The principle of eminent domain does not allow the government to just "take" things. Eminent domain requires that the government compensate you a fair market value.

      Of course, that says nothing about other methods they have of preventing you from releasing your invention (national security?) or who decides what "fair market value" is.

    2. Re:Compensation? by afaik_ianal · · Score: 1

      Accoding to this, yes, it looks like inventors are entitled to compensation if a secrecy order is placed on their patent.

    3. Re:Compensation? by mboverload · · Score: 1

      No necessarily. On Slashdot a few weeks ago they were talking about how a big patent was taken by the DoD and they got NO money for it.

    4. Re:Compensation? by ScrewMaster · · Score: 5, Informative

      Not at all. This has nothing to do with eminent domain, this has to do with military secrets, and how the ability to peg something as "classified" results in the effective theft of intellectual property.

      Back in the sixties, a company my father started did a lot of government contract electronics design and manufacturing, mostly for the Navy (some Air Force.) Some of his designs were parsecs beyond what the Navy was currently using at the time, so good that the Navy simply classified them outright. Okay, that's a compliment in a way, but it meant that he couldn't tell anyone about his concepts, couldn't use them for anything himself, and couldn't market any products made with them unless the government chose to buy them from him. Which they didn't, because after stealing his IP they simply shopped it around to other vendors to get a better deal (or to somebody's brother-in-law, whatever.) After that experience, he learned to withhold key parts of specifications so even if they classified what he gave them it wouldn't do them any good. He pissed off more than a few Navy engineers that way, but his attitude was simple: if it's good enough for the Navy to steal it's good enough for them to pay the inventor a fair price.

      This all happened was forty years ago, and given the turn our society and our government has taken since, I can't believe the situation has improved any. Really, working for the military is a risky business for any private-sector operation, no matter how you slice it. Money to be made, sure, but you gotta be careful.

      --
      The higher the technology, the sharper that two-edged sword.
    5. Re:Compensation? by Punboy · · Score: 1

      Heh, no, they'd have you killed. Its called treason.

      --
      If you like what I've said here, and want to read more, go to http://www.krillrblog.com
    6. Re:Compensation? by Fujisawa+Sensei · · Score: 1
      What would happen if you just said "Fuck you!" and release it on the Net - jail you? The cat's already out of the bag.

      The can may be out of the bag, but don't think they wont try and make an example out of you. You're likely to end up in jail, then bankrupted from legal expenses, and a convicted felon when you get out.

      The government has locked people in prison for months, untill they finished their investigation, because they "think" they "mishandled" classified information.

      --
      If someone is passing you on the right, you are an asshole for driving in the wrong lane.
    7. Re:Compensation? by Anonymous Coward · · Score: 0

      This is typical and still continues. Part of being a DoD contractor is that all of your designs and ideas become DoD property. They pay your company to design the stuff and optionally to manufacture based on the designs. It's no secret that they may not use your company to manufacture the products that you design.

    8. Re:Compensation? by Tim+C · · Score: 1

      What would happen if you just said "Fuck you!" and release it on the Net - jail you? The cat's already out of the bag.

      Of course they'd jail you, that's generally what happens when you break a law and the crime is serious enough to warrant jail time. It's exceedingly rare that people are jailed before committing a crime...

    9. Re:Compensation? by Lord+Kano · · Score: 1, Insightful

      Really, working for the military is a risky business for any private-sector operation, no matter how you slice it. Money to be made, sure, but you gotta be careful.

      Not just the military. Anyone with more power than you. At a job that I had a few years back, higher ups in management wanted us to provided an outline of what we did as a part of our duties. I pleaded with my co-workers to give them what they asked for, "An Outline", but they went ahead and provided step, by step instructions to do what we did. Three months later, our jobs were given to another division and we were all demoted. Same pay, but the jobs weren't as good.

      Fortunately I succeeded in planting a poison pill in the instructions. We left out a step. As a result, the people that got our jobs didn't know that they were missing a step so they went ahead and cost the company tens of thousands of dollars.

      The point I'm making is this. Your father was right to hold back to goodies. It was his only leverage to keep from getting screwed. If someone has proven themselves willing and able to screw you, the only recourse you have is to protect yourself via whatever means you must employ.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    10. Re:Compensation? by ScrewMaster · · Score: 1

      No, he contracted to design some equipment, they simply classified it and told him to stuff it. Payment wasn't part of the equation.

      --
      The higher the technology, the sharper that two-edged sword.
    11. Re:Compensation? by Anonymous Coward · · Score: 0

      This actually happened to my father about a decade ago, sans the classification step. He bid on a large bilge-cleaning equipment project for the Navy during a sealed bid process, and his new design let him really lowball the bid. He got a letter from the Navy telling him that the bidding for the project had been cancelled.

      Six months later, out of the blue he got a contract offer from a company asking him to build the device to the exact specs he had proposed to the Navy.

  6. There is not enough data... by Xabraxas · · Score: 5, Insightful

    ...to make the judgement that the government is becoming more secretive. The article states that in each of the three years prior the Pentagon has blocked 4, 5, and 9 patents submitted by the NSA. Three years of evidence is hardly enough to go by. There may be a perfectly good reason as to why more patents were blocked this year. With such a small number of patents denied it is possible that the NSA applied for more patents and the percentage of patents blocked is actually less than previous years. It is also possible that The NSA developed more inventions this year that could be deemed sensitive information. I would like to know how many patents submitted by the NSA have been blocked by the pentagon in the past 50-60 years and what percentage of patent applications have been blocked each year. That information would be much more useful. Move on, nothing to see here.

    --
    Time makes more converts than reason
    1. Re:There is not enough data... by Zordak · · Score: 4, Funny

      Man, it happens every time. There always has to be some killjoy who comes along spouting "reason" and "thiking" and raining all over the parade. The proper response here is to jump to some result-oriented conclusions and indulge in some good old-fashioned reactionary government bashing. Next you're going to start blaspheming and say there might even be a legitimate security-related reason for keeping those patents secret. I mean, what are you, some paid Bush administration shill? Next time, please try to post a little before you think.

      --

      Today's Sesame Street was brought to you by the number e.
    2. Re:There is not enough data... by FellowConspirator · · Score: 4, Informative

      FWIW, in 2004 the GAO cited a 95% increase in the number of government documents classfied as secret compared to the preceding 5 years. The same report also cites unprecedented levels of the executive branch refusing to provide requested documentation to congress and to withold information from the GAO itself including hundreds of instances of refusing to provide requested documents to the 9-11 commission including copies of presidential briefings on the subject.

      The rate of FOIA challenges and denials has also skyrocketed.

      Hmmm... Government getting more secret, AG writing memos about how torture is justifiable, enacting laws that permit indefinite incarceration without being charged, end to judicial oversight of wire-taps, congress considering a shield law for that would make it so only certain people can report government wrongdoing without threat of legal action... At this rate, how long will it be before the bill of rights falls into desuetude?

    3. Re:There is not enough data... by Anonymous Coward · · Score: 0

      "There is not enough data to make the judgement that the government is becoming more secretive"
      Okay, anyone else see the humour in this statement?

    4. Re:There is not enough data... by Councilor+Hart · · Score: 0

      Shut up!
      Or the grandparent poster will stop coming here, and I have to start thinking for myself.
      So far, I don't have click the article link because someone will copy it into a comment. But even that I don't read, because other posters make a summery out of it.
      To know which one is true, just try one of the longer ones. One of them is usually followed by a post whining that someone actually put some thought in.
      Oh, and the funny post are good too. To find many of those, just try any article in the Science department. None there is qualified to post on topic, anyway. So they just aim for a funny mod.

    5. Re:There is not enough data... by dbIII · · Score: 1
      cites unprecedented levels of the executive branch refusing to provide requested documentation to congress ... refusing to provide requested documents to the 9-11 commission
      Now was the 9-11 commission from the Judical branch? If so my rather limited understanding of the US democratic system is completely wrong - I thought the three branches each had reasonable levels of power and could get the others to at least answer questions. "No one is above or below the law" was a quote from a former leader of the executive branch, and I for one think it is a good idea and gives you a just society. It shouldn't matter what friends you have - you shouldn't be immune from prosecution - just as it shouldn't matter if you were found near possible terrorists, you shouldn't be able to be held for years without charge or trial and possibly sent off to other nations for a spot of torture while being held by the state.

      If I'd said this a few years ago people would assume I was being critical of communists - now people will call me a commie.

      I wonder if one of the refused patents was an encypted smiley?

    6. Re:There is not enough data... by indifferent+children · · Score: 1
      I wonder if one of the refused patents was an encypted smiley?

      Here's your encrypted smiley: !$#@&*

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    7. Re:There is not enough data... by Robert+Link · · Score: 2, Funny

      At this rate, how long will it be before the bill of rights falls into desuetude?

      Judging from the whinging during the lead-up to the last election, the Bill of Rights was supposed to have been history not later than sometime last month; yet it's still with us. But, then, that's the government for you; they never could deliver anything on schedule or within budget.

      -rpl
    8. Re:There is not enough data... by Just+Some+Guy · · Score: 1
      FWIW, in 2004 the GAO cited a 95% increase in the number of government documents classfied as secret compared to the preceding 5 years.

      You mean that there are more classified documents during wartime than during peace? Whodathunkit!

      More relevantly, how does the spike compare to corresponding levels before/during/after Gulf War I? Vietnam? Korea?

      --
      Dewey, what part of this looks like authorities should be involved?
    9. Re:There is not enough data... by Opie812 · · Score: 1

      You mean that there are more classified documents during wartime than during peace? Whodathunkit!

      Wartime? I thought it was MISSION ACCOMPLISHED.

      --
      I'm not a nerd. Nerds are smart.
    10. Re:There is not enough data... by lgw · · Score: 1

      A campaign is not a war. For those Sailors and Marines on that ship, the mission was, indeed, accomplished.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    11. Re:There is not enough data... by Opie812 · · Score: 1

      Does the president always do photo ops when a campaign is finished? He must be busy in Iraq these days!

      --
      I'm not a nerd. Nerds are smart.
    12. Re:There is not enough data... by lgw · · Score: 1

      Does the president always do photo ops when a campaign is finished?

      It symbolized the end of the war in Iraq (and the beginning of the occupation, still ongoing). Not the end of the "war on terror", as the ancestor post implied.

      --
      Socialism: a lie told by totalitarians and believed by fools.
  7. I hope they give you compensation by Anonymous Coward · · Score: 1, Interesting

    i wondered about this but never looked into it ..anyone know if they secretize a patent or something .. do they pay or commercial losses? It's reasonable that you are owed compensation for whatever legitimate commercial value the damn thing has (not just payment for the govt. to use it .. since well they can dictate the price since they are the only customer you can sell it to).

    1. Re:I hope they give you compensation by MstrFool · · Score: 2, Informative

      No, they don't. They take it and run, use it how ever they like and hire any one they wish to make it for them. There is a case right now where that happened with some underwater cable connections. The guy is totaly SOL as being clasifide, he can't even show the evidence to a judge so it can't even go to court.

      --
      Question reality.
    2. Re:I hope they give you compensation by Opie812 · · Score: 1

      Let's start a petition and see if we can't get them classify MS Windows.

      --
      I'm not a nerd. Nerds are smart.
  8. I dunno... by susano_otter · · Score: 4, Insightful

    Seems to me more like an indication of how much secure cryptography has gained value as a tool of war.

    I suspect that the Pentagon is more concerned with preserving an edge in weapons technology, than with secrecy-as-secrecy.

    The secrecy thing is just a side effect of wanting the edge.

    --

    Any sufficiently well-organized community is indistinguishable from Government.

    1. Re:I dunno... by Anonymous Coward · · Score: 0

      Didn't you say you were leaving Slashdot, bitch?

      Or "otter," I guess...probably one of those brainfucked furries, too.

  9. Just wait... by Anonymous Coward · · Score: 0

    Once I patent the Aurora i'll be filthy rich, and be able to fly anywhere on earth really fast :p

  10. Secrecy by mister_llah · · Score: 3, Insightful

    Honestly, the fact we know there ARE secrets is progress from the Cold War, in my opinion.

    ===

    Having done a smidge of work for the government, I'm happier with secrets "just in case" than creating holes that might not have to have been made.

    Does this mean that what is being kept secret *needs* to be? Not always... but it is better safe than sorry.

    [obviously there are extremes, making an office supply order confidential for example, but patents are understandable]

    --
    MoM++ - A Classic Expanded - [Master of Magic 1.5]
    http://mompp.sourceforge.net/
    1. Re:Secrecy by Karma_fucker_sucker · · Score: 1
      . but it is better safe than sorry.

      I'm sorry, but that argument is almost up there with "If you're doing nothing wrong then you have nothing to worry about."

      --
      Evil people don't think they're evil. - George Lucas, Making of Ep III
    2. Re:Secrecy by Anonymous Coward · · Score: 0

      pinko commie homo islamist lover! You're mama wears combat boots! Support the troops!

    3. Re:Secrecy by geomon · · Score: 5, Informative

      Having done a smidge of work for the government, I'm happier with secrets "just in case" than creating holes that might not have to have been made.

      I'm sorry, but this attitude just smacks of laziness on the part of a classification clerk. When I worked at Department of Energy sites I was amused to discover that groundwater well construction documents known as 'as-builts' were classified during the Cold War. We had to send over a guy with a clearence to review the well log and report back to the classification clerk that no national security information would be disclosed by declassifying the record. At one site the DOE was custodian to over 4,000 wells, of which 90% of the records were classified. Every hour spent by a PhD geologist reviewing well records cost the government real money. This laziness in applying a classified status to well records cost the taxpayers millions of dollars throughout the DOE complex without advancing national security one iota. Countless other examples of construction records for other non-proliferation items were also classified.

      Perhaps you like throwing money away for useless 'feel good' measures, but I don't.

      --
      "Rocky Rococo, at your cervix!"
    4. Re:Secrecy by mister_llah · · Score: 1

      You are right, it does cost money. There are certain things which are wasteful to make secret.

      I don't feel that patents are one of them.

      ===

      Of course, that assumes that putting the patent out there will drum up problems, who knows if it does.

      By the same reasoning, though, let us use the analogy of a plane. You go up in a plane, it is nice to have the parachute with you, even if you are never going to use it.

      Patents aren't "wasteful" secrets. It's not clerical laziness. I don't feel that it is a waste of money.

      I'd like to hear why, on patents specifically, you feel it would be wasteful, however... (since that is the issue at hand)

      ===

      Also, the Cold War era, as I inferred in the 1st post I made, much more paranoid than we are now... (but we're inching back up there)... I am not educated enough on the intricacies of our internal security, however, to make any comments to support or rebutte what you stated.

      --
      MoM++ - A Classic Expanded - [Master of Magic 1.5]
      http://mompp.sourceforge.net/
    5. Re:Secrecy by geomon · · Score: 1

      I'd like to hear why, on patents specifically, you feel it would be wasteful, however... (since that is the issue at hand)

      No, patents were the issue of the article and the submission. You generalized the topic with the statement "Having done a smidge of work for the government, I'm happier with secrets "just in case" than creating holes that might not have to have been made." but, to be fair, you did qualify your statement by citing examples of poor classification candidates.

      My point was that I prefer an open government and that a classification should be applied to a document only in the most EXTREME examples. Unfortunately, this Administration is going BACKWARD on the issue of classification to the same system that existed in the Cold War. I offered my comments as a cautionary tale of what costs are borne by *us*, the taxpayers, in producing a government where all activities are given a classification first "just in case".

      I won't bother to bore you with a discussion of the threat that a secret government has on democracy.

      --
      "Rocky Rococo, at your cervix!"
    6. Re:Secrecy by benjamindees · · Score: 1

      DOE built thousands of water wells during the cold war? Were they looking for uranium or something?

      --
      "I assumed blithely that there were no elves out there in the darkness"
    7. Re:Secrecy by geomon · · Score: 1

      DOE built thousands of water wells during the cold war?

      That sounds rather high, I know, but they were monitoring an area of 560 square miles.

      The wells tended to be concentrated around reactors, separation facilities, fuel fabrication facilities, and liquid disposal facilities (read: the ground).

      Were they looking for uranium or something?

      That and tritium, nitrate, and cobalt-60. Now they monitor for a whole raft of nuclear and non-nuclear materials.

      --
      "Rocky Rococo, at your cervix!"
    8. Re:Secrecy by SillyNickName4me · · Score: 4, Insightful

      Does this mean that what is being kept secret *needs* to be? Not always... but it is better safe than sorry.

      The USA has a supposedly democratically elected government.

      Virtually everything that government tries to keep secret somewhat undermines the ability of the people of the USA to judge what their government is doing with their money, and hence undermines their ability to make a good choice on whom to vote for next time.

      So, keeping secrets undermines democracy, which to me means that while you need them in specific cases, it is a very good idea to limit that to situations where it is really really needed.

      The 'better be safe then sorry' should be applied to this in an entirely different way then you did, better be safe and not undermine the voters then be sorry that you lost democracy.

    9. Re:Secrecy by SpaceLifeForm · · Score: 1
      And that monitoring will continue forever. At least at Hanford, and other locations.

      --
      You are being MICROattacked, from various angles, in a SOFT manner.
    10. Re:Secrecy by Anonymous Coward · · Score: 0

      US is a republic not a democracy. That's just a word lawmakers use to keep you anesthetized.

    11. Re:Secrecy by SillyNickName4me · · Score: 1

      I suggest reading before postign an answer. I explicitly did not call it a democracy, I said it supposedly has a democratic elected government.

      But well, since you had to mention the USA beign a republic, for the rest of the world (those outside the USA) a republic says a lot about the head of state, and very little about how a government is chosen/assigned.

      Ie, the former DDR (Eastern Germany) was a republic, the USA is a republic, so is France. Some of those have elected governments, one did not.

      The UK and the Netherlands are monarchies, yet have elected governments.

    12. Re:Secrecy by fishbowl · · Score: 1


      "US is a republic not a democracy. That's just a word lawmakers use to keep you anesthetized."

      The US republic is a particular form of a representative democracy.

      --
      -fb Everything not expressly forbidden is now mandatory.
    13. Re:Secrecy by Anonymous Coward · · Score: 0

      Democracy isn't a god, or some holy grail of social structure. Democracy will be abused, exploited, and twisted to serve the interests of the power eliete, just like any other form of power.

      Consider this: Would you rather live under a peaceful monarchy that respects your natural rights as a human being, or a coercive democracy that exploits you and relegates you to state servitude?

      My point is that the process or structure of government is irrelevant; what matters is the outcome, i.e. the "peace factor" and the "human rights factor". Democracy isn't a goal in itself -- contrary to what the power elite in this country would have you believe -- but only one possible means to achieve the goal. The goal, obviously, is peace and respect for human rights. Right?

      So when you claim that I'd be sorry to lose democracy, I say you're barking up the wrong tree. The question is whether or not I've lost peace and human rights.

    14. Re:Secrecy by Anonymous Coward · · Score: 0

      Well said.

    15. Re:Secrecy by vdex42 · · Score: 1
      Virtually everything that government tries to keep secret somewhat undermines the ability of the people of the USA to judge what their government is doing with their money, and hence undermines their ability to make a good choice on whom to vote for next time.

      How about choosing the one that promises not keep secrets? I find it scary that there is no such choice, which is thus an indication that people in general don't care.

    16. Re:Secrecy by geomon · · Score: 1

      Well, not forever. Just a few hundred thousand years.

      --
      "Rocky Rococo, at your cervix!"
    17. Re:Secrecy by SillyNickName4me · · Score: 1

      Consider this: Would you rather live under a peaceful monarchy that respects your natural rights as a human being, or a coercive democracy that exploits you and relegates you to state servitude?

      A 'coercive' democracy got beyond the point of actually beign democratic, so that choice is not a realistic one.

      I live in a constitutional monarchy btw, and that is fine, but we do get a democratically elected government. Note that for getting a democratically elected government you do not have to be a democracy (and I very explicitly chose that specific wording because the USA is not a democracy.

      My point is that the process or structure of government is irrelevant; what matters is the outcome, i.e. the "peace factor" and the "human rights factor".

      Democracy is about the possibility to change things when a majority of the peopel wants something changed. That is rather desirable, and is actually 'outcome'.

      Democracy isn't a goal in itself -- contrary to what the power elite in this country would have you believe

      I am not American, and the current American government has no fucking clue about what democratic means. That makes them a danger to the country.

      -- but only one possible means to achieve the goal. The goal, obviously, is peace and respect for human rights. Right?

      Wrong. The goal is to allow people to create and shape society in a way to works well for them. Human rights are an important ingredient, but by far not the only ingredient.

      Also, democracy is just one way to achieve that goal, but in the last 25 centuries we did not manage to come up with a way that gets anywhere near, so I think it is reasonable to claim that it is by far the best way that we know about.

    18. Re:Secrecy by Anonymous Coward · · Score: 0

      "The USA has a supposedly DEMOCRATICALLY elected government."
      " So, keeping secrets undermines DEMOCRACY"
      "be sorry that you lost DEMOCRACY."
      "I explicitly did not call it a democracy,"

          How can you EXPLICITY NOT CALL anything? Not trying to flame here but I suggest that you need to adjust your usage of the term democracy if you wish people to understand your point of view.

        Democracy and Republics are just words subject to propaganga usage. Unlike newspapers-- among political scientists the definitions are much more precise with definitive meanings.

      Democracies (TM ancient Athens) citizens vote on issues.

      Modern Republics (also called "Indirect" democracies) citizens vote on politicians. Politicians then do basically whatever they want for their term. This "freedom" is lessoned even further in effectively a two party system that aren't ideologically too dissimilar.

      You are free to speak your mind sure. And your government is free to capture that information for future use. I'm not making the news here. Just reporting it objectively without patriotic pompoms.

    19. Re:Secrecy by Anonymous Coward · · Score: 0

      You can call in representative democracy if you like but it doesn't change the fact it is an INDIRECT-democracy.

      Big difference and why the forefathers described America as a REPUBLIC.

      Newspapers like to make it seem it is all the same but it clearly represents two distinct concepts. I'm not saying the US is the Soviet Union here. All I'm saying it's just pop culture methology that the US is a democracy. (or any nation for that matter)

      A prerequisite of democracy is that citizens vote on issues-- not presidents or lawmakers. Granted that was inconvenient in the past (beyond a city-state) but with modern technology this is very achievable-- if there was the political will or just people that had a clue about politics beyond Fox news.

      The only nation I know that does this to any degree is Switzerland which have referedums on important issues quite often. The nice thing about modern republics is that they at least give a vote to each citizen which somewhat offsets the fact in Athens slaves and women couldn't vote. However the fact remains that in Athens all CITIZENS voted on ISSUES.. and that is how they defined the term. Considering the word democracy is actually greek--I would suggest this is the correct usage. However we can argue the North Koreans have it right.

      I think the world is moving slowly in this direction though. If the objectivists or communists had been running things-- we hardly would have nations of of one equal votes for every person. (which only really can about on a practical level during the mid-20th century.)

      I hear the word democracy being misapplied daily to give moral credibility to some nation or another. I can assure you though-- as far as common usage is concerned---the term exists mostly as a propaganda tool at the moment. It will continue to do so until enough people stop diluting the term and wise up to the profound differences.

        Maybe Republics are better than Democracy. We won't know until we try though. Personally I would like a say beyond one vote every four years that can be completely ignored.

    20. Re:Secrecy by SillyNickName4me · · Score: 1

      Democracies (TM ancient Athens) citizens vote on issues.

      Pure democracy, usually only works with a small group, alltho in Switserland they still use it to some level.

      Democracy is not the same as a democratically elected government.

      Modern Republics (also called "Indirect" democracies) citizens vote on politicians. Politicians then do basically whatever they want for their term. This "freedom" is lessoned even further in effectively a two party system that aren't ideologically too dissimilar.

      The USA may be a 2 party system, but that is the exception, not the rule. Many modern 'republics' have more then 2 parties (and at least 3 that are relevant) Besides, republic has more to do with having an appointed head of state then with how that person is appointed. It can use 'indirect democracy' but it does not have to. Also, there are many (constitutional) monarchies that are virtually similar to modern republics except for their head of state which plays a mostly ceremonial role and is not appointed or elected.

      The definitions you are using are pretty specific to the American system and are not used in that way thorughout most of the world.

      You are free to speak your mind sure. And your government is free to capture that information for future use. I'm not making the news here. Just reporting it objectively without patriotic pompoms.

      You are trying to be objective I can see that, but you are looking at this from 'within the system', and hence are missing the birdseye view of an outsider.

      One of the very first modern republics was the 'batavian republic' (late 1600s, early 1700s in roughly the area that is now called the Netherlands), predating both the French and American revolutions. As you might know it later became a monarchy (early 1796) and then a constitutional monarchy (1848). In its early form as a republic, there was no elected government, it was appointed. From 1796 there was a (French instituted) monarch, but we also got a parliament (tho without any real power). In 1848 when it changed to a constitutional monarchy, the parliament did get 'real' power, and the king was reduced to a ceremonial role and has no political function (and is actually not allowed to perform political functions or make political statements except for 2 very specific cases).

      What this means is that having gone from republic to constitutional monarchy, we went from an apponted government and head of state to a non political head of state and an indirectly elected government.

      Why am I writing this? to show why the definitions for republic and democracy as you are using them simply do not work in those parts of the world that have a system different from that of the USA.

      Hence it makes a lot more sense to define 'republic' as 'the head of state is an appointed official' and as the opposite of a monarchy. This is completely seperate from being a 'democracy' (either pure/direct or indirect). The alternative here is some form of 'dictatorship', being it by a president (which would make it a republic again) or by a king or such (making it a monarchy).

      If you prefer to use a different word for democracy to denote the difference with the pure democracy of Athens, that is fine with me. From the things I said above it should be clear however that republic is really not the correct word to use for that.

    21. Re:Secrecy by Anonymous Coward · · Score: 0

      By how I'm reading your reply--I didn't mean to suggest the rest of the world are republics-- but they certainly are not direct democracies. My original point was only to point out that the US is NOT a democracy and is a Republic by their own LEGAL (keyword) definitions.

      I am objective and not seeing "within the system" (as I'm not American)

            Ultimately the word democracy is just dead text. We can deconstruct that word from here to eternity. Therefore the sensical approach (to me) is to look at the source (the Athenians)-- not every tom-dick-and-harry wish-it-were-so opinion. Perhaps this is arbitrary but without a neutral definition we can agree on--we may as well be debating apples and oranges.

            Whatever someone calls their form of government-- a democracy does not dismiss the reality that ideologically it is different. In a true democracy the citizens ARE the government. There is no additional layer of control. (King, president, Shah, dictator, politburo, whatever) It's never actually been tried on a large scale so honestly I don't know if it would work. It's a wonderful dream though.

          Anyhow apparently we both know the difference between a democratic election to choose "the leader" and a democracy-- so this debate is moot.

            I personally don't like using the word democracy to define current governments as I feel it paints a false picture of the world to the common man. Every time I see someone use the word, I cringe and make a point of clarifing the subject because in (again my eyes) it is very important to distinguish.
      Whatever you want to call it--I like to think that is the ultimate form of government as it eliminates political inequalities completely.

          I imagine a society guided by elite persuasive orators- not a bunch of ruthless cutthroats that do whatever is necessary to get power and influence.

    22. Re:Secrecy by SillyNickName4me · · Score: 1

      By how I'm reading your reply--I didn't mean to suggest the rest of the world are republics-- but they certainly are not direct democracies. My original point was only to point out that the US is NOT a democracy and is a Republic by their own LEGAL (keyword) definitions

      Yes, and the DDR was both democratic and a republic in their own legal definition. That is NOT how people generally understand those words.

      Ultimately the word democracy is just dead text. We can deconstruct that word from here to eternity. Therefore the sensical approach (to me) is to look at the source (the Athenians)-- not every tom-dick-and-harry wish-it-were-so opinion. Perhaps this is arbitrary but without a neutral definition we can agree on--we may as well be debating apples and oranges.

      Looking at the other responses and moderation, I really don't think people had any problem understanding what I was saying and what I intended with it, even if the use of words was not scientifically correct. Democracy is not dead text at all, it is just used in a much broader way then denotign the pure direct democracy of Athens.

      I personally don't like using the word democracy to define current governments as I feel it paints a false picture of the world to the common man. Every time I see someone use the word, I cringe and make a point of clarifing the subject because in (again my eyes) it is very important to distinguish.
      Whatever you want to call it--I like to think that is the ultimate form of government as it eliminates political inequalities completely.


      The problem with that reasoning is clear imho:

      - The word has gotten a much broader meaning then it had in Athens. That words change in such a way is normal and is part of how language develops. As long as everyone has a good picture of what is intended with the word, that is completely and perfectly fine.

      - For a long time, systems like the one in Athens have been called *direct* democracy to make clear the difference when it is relevant.

      Since it becomes pretty chaotic and unworkable when you have to ask a few hundred milion people for their opinion each time you want to decide something, I don't believe direct democracy is a viable system beyond the scale of a city or very tiny country (Luxemborg, Zwitserland etc). Ultimate? well, where it works it definitely has its advantages, but it is far from perfect even then. As long as it is possible to manipulate people by means of changing the wordig of a question, a direct democracy can be politisized as well.

    23. Re:Secrecy by Anonymous Coward · · Score: 0

      -------
      "Since it becomes pretty chaotic and unworkable when you have to ask a few hundred milion people for their opinion "
      -------

      I hear you but I don't think you've quite tuned into my channel yet. Please give me an open mind for just a moment and follow the line of reasoning.

      Any government is just another institution. An important one... certainly... but still only a club of people with all other kinds of clubs within a society that do all sorts of different tasks that may or may not conform to the alleged "papa" ideology. Government does not have any natural rights beyond that which the people give them. Even a dictator gets power from the people (his soldiers) and his soldiers get power from the people (through fear). By its very definition--no man, party or ideology can take hold on a government level without others to support him/her--- the people. In other words, government is just a bunch of middlemen going about accomplishing some task. Politics is what determines who's task that is.

      We've heard that we need paternal fathers to run the "government club" a zillion times by our "leaders" (of every political persuasion) going back to the dawn of time. They also incidentally are in a conflict of interest-- as they are ones that chiefly benefit from having the additional layer of government --as do some individuals that have lob-sided political power (which is clearly not democratic in principle even by your standards).

      If you step back for a moment... the very simple fact is Democracy has NEVER been adopted on a nation level and therefore there is ZERO empirical evidence to support statements like the one you gave me (beyond a city state 2500 years ago) .

      I know I'm against the grain here but billions of people believe in superstition too. It doesn't mean I'm inaccurate in any statement I'm making. With regards to the "unworkability" of democracy on a large scale-- everyone is making inaccurate axioms and are actually stating a hypothesis.

      I'm right-- the world is wrong. (talk about ego :)

      I read once that one experiment is worth a thousand theories. I say we give it try. If we don't like it--at least we'll have a little experience under out belt to say that. This isn't 500 BC--we can put men in space and have the Internet today. I believe we clearly have the logistical capabilities to pull this off-- if we had the political will and people realized there is a MAJOR difference (which brings me full circle as to why I feel obligated to correct people in their usage.)

      You can continue to feed into that mythology-- or you can take your ego lumps and listen to something very profound that some dude on the Internet is saying to you simply in the hope of building a better world. I really have nothing more to add to this without diverging into other subjects off this thread. (see below)

      -------
      "Looking at the other responses and moderation, I really don't think people had any problem understanding what I was saying and what I intended with it, even if the use of words was not scientifically correct. Democracy is not dead text at all, it is just used in a much broader way then denotign the pure direct democracy of Athens.

      That words change in such a way is normal and is part of how language develops. As long as everyone has a good picture of what is intended with the word, that is completely and perfectly fine."
      -------

      I agree that Democracy is used this way by the general public. This conversation is a little out of kilter though. You do grasp that language changes but I don't think you've really contemplated what that means to the technical aspects of communication. I can say "SillyNickName4ME" is a nice, intelligent and thoughtful person. And twenty other people can say the same thing. Most people therefore conclude it's a no-brainer you represent th

    24. Re:Secrecy by SillyNickName4me · · Score: 1

      ~ I've said a great deal here because you spent the effort to reply thoughfully without resorting to flames. Please accept my apologies in advance if I sound patronizing. Just offering my perspective

      I appreciate such discussions, listenign to, and thinking about opinions different from my own are usually an enrichment imo.

      I have no time right now to reply to the content of your post, I will do so a bit later, but let me say you make a few interesting points that are worth thinking about.

    25. Re:Secrecy by SillyNickName4me · · Score: 1

      I hear you but I don't think you've quite tuned into my channel yet. Please give me an open mind for just a moment and follow the line of reasoning.

      Let me start by saying that for quite some time I have been reasoning along similar lines as you.

      Any government is just another institution. An important one... certainly...

      yes...

      but still only a club of people with all other kinds of clubs within a society that do all sorts of different tasks that may or may not conform to the alleged "papa" ideology. ....

      Government does not have any natural rights beyond that which the people give them.

      That is a matter of belief. I happen to agree with you, but there are quite a few who don't, and there are quite a few examples of beliefs that grant government natural rights independent of the people. Large religions like christianity and islam are among those (and basing themselves on the same old testament texts for that).

      Even a dictator gets power from the people (his soldiers) and his soldiers get power from the people (through fear). By its very definition--no man, party or ideology can take hold on a government level without others to support him/her--- the people. In other words, government is just a bunch of middlemen going about accomplishing some task. Politics is what determines who's task that is.

      It is difficult to rule without active support from people, but it is possible as long as people allow it to happen (passive support).

      Comming to power without support is a different matter.

      I agree that Democracy is used this way by the general public. This conversation is a little out of kilter though. You do grasp that language changes but I don't think you've really contemplated what that means to the technical aspects of communication.

      I definitely contemplated that. As long as we are talking about the general concept, the details are absolutely irrelevant. They become relevant when you and I are trying to discuss the exact solution to a specific situation, trying to establish a 'democracy' in a country together and such. When discussing about this on a more general level, many details are not very relevant because they do not change the underlying idea at all.

      I can say "SillyNickName4ME" is a nice, intelligent and thoughtful person. And twenty other people can say the same thing. Most people therefore conclude it's a no-brainer you represent these traits.

      Its irrelevant to the discussion I believe. If we were to discuss the exact implementation of 'democracy' in the American system on a detailed level, it would be relevant, but the original statement from me that started our discussion applies to any democratic system, wether direct or indirect, representative, pure or such. As long as the system requires people to make choices (about plans, leaders or whatever), people need access to the information regarding those choices. The exact implementation of a 'democratic system' really does not matter for that at all.

      I used the word Deconstruct and "dead text" as a clue to my perspective of the imperfections on language (since this is a definition issue) but let me be more explicit. Derrida is tough reading (even I can't follow all his reasoning lines) but he makes some great points if you spend some time on it without rushing to snap judgements. Some O'Reilly types like to pound on him (because he was a socialist) but his Deconstruction work really has nothing to do with politics.

      Those who dismiss statements because of who made the statement and do not look at the merrits of the statement itself have a lot to learn still. In the specific case you point at, fear is an important factor.

      The example is interesting because it points at why I do not believe direct democracy will do anything to remove 'politics' from government. As long as you can make people fear things and make them ignore reason, you can easily influence the outcome of any vot

  11. What The Post Doesn't Say by GabrielF · · Score: 4, Insightful

    The brief description of this article on slashdot as well as the article itself are a bit alarmist. The article does say that the number of secrecy orders on NSA patents has increased (nine in '05, as opposed to five in '04 and none in the previous three years), but the number of secrecy orders on private inventors has been cut nearly in half, from 61 to 32. This indicates that in some ways the USPTO is being less secretive, not more. It is possible that the small change in NSA patents is due to a different bureaucratic mechanism for screening patents, perhaps the NSA itself has gotten less stringent so the USPTO and the Pentagon have had to become more sensitive in order to compromise, and it is even possible that the change is statistically meaningless due to the small sample size, but it is harder to account for the larger drop (numerically) in the secrecy of the patents of private inventors.

    1. Re:What The Post Doesn't Say by Anonymous Coward · · Score: 1, Informative

      Since November 29th, 2000, the USPTO has been required to publish all patents after 18 months of recieving them, or on acceptance, whichever is first. So yes, the PTO is being less secretive. I think the article is talking about patent applications that don't even make it TO the PTO, and are stopped before they leave the NSA/DoD.

    2. Re:What The Post Doesn't Say by forand · · Score: 1

      Perhaps one of the reasons for this is that we now have to submit papers that "might" be considered important for national security. Thus if the government already knows about the work being done in sensitive areas they can contact the researchers directly before they apply for patents.

  12. HIMINT by Lord_of_the_nerf · · Score: 0

    Does that mean the NSA will have to fall back on good old reliable Human Inteliigence to infringe on our rights? Damn, just when I thought I'd be getting rid of the 'inconspicuous' (N)o (S)uch (A)gency van sitting outside my house.....

    1. Re:HIMINT by digitalchinky · · Score: 1

      The NSA doesn't infringe upon your rights - or any US citizen for that matter - they are a foreign intelligence gathering outfit, not domestic. Human intelligence is generally undertaken beneath the guise of a different 3 letter agency. :-) that said, I know you are joking.

    2. Re:HIMINT by CmdrGravy · · Score: 1

      I'm not a US citizen so I suspect they may be infringing on my rights !

    3. Re:HIMINT by Lord_of_the_nerf · · Score: 0

      Not a US citizen =) I'm just nuts about acronyms.

      United States Signals Intelligence Directive 18 says no, but funny thing is that with the delightful PATRIOT act and a USSID 18 waiver, it's now perfectly legitimate for them to do so!

      Or maybe I really meant those bastards at the National Scrabble Association...

  13. Re:Is this really that significat??? by Fulcrum+of+Evil · · Score: 1

    When Coca-cola does this people call it a trade secret. When the United States government does this it infringes on someone's rights???

    Yeah. Coke keeps its forumla secret. You try to patent something, only to have the Pentagon declare ti secret and not pay you.

    --
    "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  14. I wish we knew what they were trying to patent... by tacarat · · Score: 1

    That might make it easier to know how justifiable these patent blocks were. I knew that most of us think the Pentagon is being paranoid, but it's possible that maybe the NSA submitters missed an angle. Security through obscurity isn't exactly the best, but if it's one of those "oh,wow" sorts of things, then I can see that.

    Domestic or foreign, I doubt the leadership (i.e. non-pawns) of a terrorist group would be be unwilling to make the best use of anything they can get their hands on. It's just too bad we won't know if the benefits of the patents would have balanced that out by providing to the American public :(

    --
    "Common sense will be the death of us all"
  15. Inventions for Bond Jr. by Bemmu · · Score: 5, Interesting

    Quite interesting what kind of patents they have for example "US05224756 Integrated child seat for vehicle". I bet James Bond never had that one! Full list of patents: http://cryptome.org/nsa-patents.htm

    1. Re:Inventions for Bond Jr. by afaik_ianal · · Score: 2, Funny

      Oh no - we're all screwed...

      "US04375625 Method and apparatus for penetrating tin-foil hats"

    2. Re:Inventions for Bond Jr. by Kadin2048 · · Score: 4, Insightful

      Thanks for that link, there's some pretty cool stuff on there.

      I went to the uspto.gov site and looked up a few of them (in particular "rocess of preventing visual access to a semiconductor device by applying an opaque ceramic coating to integrated circuit devices," No. 5,258,334) and the assignee is listed as "The U.S. Government as represented by the Director, National Security."

      I wonder if this means that the patented idea is essentially public domain? Other creative works which are products of the Government are automatically public domain in terms of copyright, so is the right to use an idea as well? Or if you want to use one, do you have to go to the NSD and ask for permission / licensing? And if the latter, what do they charge, and who gets the money?

      I suspect, judging just by the problems and obvious conflicts-of-interest that you'd get if licensing was required, that they are free to use, in which case having the NSA patent something is much like having one of the Linux associations trademark something; they're never going to actually profit from it, but it potentially prevents someone else from doing so unfairly. And I suspect it also looks really good on the NSA's researchers' resumes and improves morale.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    3. Re:Inventions for Bond Jr. by Ironsides · · Score: 1

      I wonder if this means that the patented idea is essentially public domain? Other creative works which are products of the Government are automatically public domain in terms of copyright, so is the right to use an idea as well? Or if you want to use one, do you have to go to the NSD and ask for permission / licensing? And if the latter, what do they charge, and who gets the money?

      The patents are NOT public domain. They are licensed out to companies. The money is then (i'm pretty sure) put into the general fund of the federal government.

      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    4. Re:Inventions for Bond Jr. by realbadjuju · · Score: 2, Interesting
      Process of preventing visual access to a semiconductor device by applying an opaque ceramic coating to integrated circuit devices," No. 5,258,334

      Oh, the delicious irony. The patent "Scanning confocal electron microscope, No. 6,548,810" is assigned to Nestor Zaluzec and Argonne National Lab.

      It was developed specifically as an easy [easier than super high energy xrays, the kind you need a linear accelerator for. Note IANAP, I am not a physicist.] way to look at the structure of a circuit without destroying it.

      There's nothing that guarantees that someone else, or another branch of the government, won't come up with something that renders an NSA patent moot.

    5. Re:Inventions for Bond Jr. by Jeremy+Erwin · · Score: 1
      Curious, I fired up my patent downloader (one of my first Cocoa projects, btw) and examined the tiffs. The last page reads:

      UNITED STATES PATENT AND TRADEMARK OFFICE
      CERTIFICATE OF CORRECTION
      PATENT NO: 5,224,756
      INVENTOR(S): Matthew Dukatz et al.

      It is certified that error appears in the above-identified patent and that said Letters Patent is hereby corrected as shown below:

      On the title page: Item

      [73] The assignee should read Chrysler Corporation, Highland Park, Michigan; Atoma International Inc., Newmarket, Ontario, Canada.
      [56] The third item listed under FOREIGN PATENT DOCUMENTS should read 2665399 2/1992 European Pat. Off.

      The Attorney, Agent, or Firm designated should read
      Raymond F. Lippitt; Edward P. Barthel.


      This interesting little correction is not mentioned in the "full text". Sometimes downloading the imagery is worth it.
    6. Re:Inventions for Bond Jr. by slavemowgli · · Score: 1

      Well, they *are* the National Security Agency, and child seats for vehicles clearly are used for security reasons - the physical security of the child, that is. :) So it does make a twisted kind of sense.

      On a more serious note, it's more likely that somebody came up with an idea and his superiors said "let's just patent that - we don't have anything to lose, and we might even earn a few royalties".

      Or maybe they do have a sense of humour - who knows. The NSA seems to try hard to become one of the "cool" guys in geek circles (what with SELinux and all that, for example). An effort to make people forget about ECHELON, maybe? I don't know, but it certainly seems to have worked - when I read about the NSA nowadays, I certainly don't think "ECHELON" right away anymore, and I actively have to remind myself that they're not the cryptography version of Google...

      --
      quidquid latine dictum sit altum videtur.
  16. Re:Is this really that significat??? by Elrond,+Duke+of+URL · · Score: 4, Insightful

    Honestly now...

    Coca-cola is a private company. The government is by definition a public body that we, ideally, control. If Coke invents some new thing and decides to keep it a secret, you can tell them how you feel by not buying any Coke. You have no choice with the government.

    They take your taxes, period. I think it is quite reasonable to insist that what the government does/creates with our money be made, if at all possible, public. That's how government is supposed to work.

    --
    Elrond, Duke of URL
    "This is the most fun I've had without being drenched in the blood of my enemies!"-Sam&Max
  17. It's the government's IP. No doubt about it. by technoextreme · · Score: 1
    If the Pentagon makes your patent secret, will they compensate you? I know that's a hard call as far as value is concerned. But let's say you're in negotiations with some company. You're coming to an amount of $5 million. Will the Pentagon send you a check for $5 million. Will they compensate the company in negations with you too? Or will they just say "Eminent Domain" and just take the thing and if you object, put you in jail? Im fairly certain that it's not anyone's intellectual property but the United States government. At least any sane company would not let their pions have sole use to IP. Even my University has a rule stating that any IP created using their property is partially theirs.
    --
    Ooo man the floppy drive is broken. No wait. The computer is just upside down.
  18. Why? by mister_llah · · Score: 1

    If you are going to try to negate an argument, I'd like to at least know why.

    ===

    If you've never been in a position handling classified information, it may be hard to see security holes.

    I garauntee, in that position, you see a lot more paranoia than declaring certain patents a secret.

    I don't think it is out of line... the line "better safe than sorry" may be a cliche, but in my experience, when it comes to government security, the cliche holds true.

    *shrug*

    That's just my point of view, you are free to your own... but I'd like to know why you have it, there may be some element of your experience we could all benefit from.

    --
    MoM++ - A Classic Expanded - [Master of Magic 1.5]
    http://mompp.sourceforge.net/
    1. Re:Why? by Daniel+Dvorkin · · Score: 4, Insightful

      If you've never been in a position handling classified information, it may be hard to see security holes.

      I have "been in a position handling classified information" -- some of it very classified indeed -- and here's why I think you're wrong:

      1) Classification costs insane amounts of money; not just the classification process and the protections classified material requires, but in the case of technology, the potential profit to be realized by releasing the technology for civilian use. A good example of this is what the British government did to their nascent computer industry after WW2. At the end of the war, they had the best computer technology and computer scientists in the world, bar none. No one else, including the US, was even in the running. So, of course, in classic late-stage empire style, they classified everything, destroyed the actual machines, hounded people out of that line of work (and at least one of them to death) ... and gave away the entire computer industry in the process. The world could have been at least a decade ahead in computer technology, and the UK far richer, if not for this display of paranoia.

      2) Classifying everything is equivalent to classifying nothing. People who work with classified information which they know is bullshit tend to get contemptuous of the rules (I've seen classified documents just sitting around in public areas, no one watching them, with people milling by!) So it increases the chances of genuinely important information getting leaked.

      3) We, the people of the United States, pay for that work with our tax dollars. I don't think anyone will argue that everything the government comes up with should be for sale at Radio Shack -- but the government must have an overriding interest in keeping potentially useful technology (and everything else, for that matter) secret from the people who paid for it, and whose interests it is supposed to serve. And no, "this might be useful to someone somewhere sometime who wants to do something bad, better safe than sorry" just doesn't cut it.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    2. Re:Why? by Anonymous Coward · · Score: 0

      okay, how about better safe then my million dollar ass and 450 million dollar plane lost. Classification is expensive. Loosing people and hardware is very expensive. Loosing a war is terminal.

    3. Re:Why? by geomon · · Score: 5, Insightful

      okay, how about better safe then my million dollar ass and 450 million dollar plane lost. Classification is expensive. Loosing people and hardware is very expensive. Loosing a war is terminal.

      Yes, but in an over-classified world, how would you know that we were losing the war?

      Secret governments fail due to internal decay. The only cure for that disease is the sunshine of open government.

      Only in the most extreme cases should information be classified. Once you start creating state secrets "just in case" it is impossible to stop.

      --
      "Rocky Rococo, at your cervix!"
    4. Re:Why? by laughingcoyote · · Score: 4, Insightful

      In my experience, those with broad powers to keep secrets will eventually misuse such power in order to cover up wrongdoing. The temptation is simply too great-you screwed up, badly, you can either:
      A: Admit it, or
      B: Keep it secret.
      While there are exceptions, most will choose to keep it secret. That's an unfortunate reality but a true one.

      And in fact, it's been found that classification has quite often been used unnecessarily or even maliciously. It has also been found that information is kept classified far longer then it need be (i.e., it held strategic value 50 years ago, and needed to be classified, it lost its strategic value 40 years ago and could've safely been declassified, but it stayed classified until 2 years ago because it would've embarrassed someone. Coincidentally, of course, that person died 2 years ago.)

      A democratic government (or ANY government which claims to serve, rather than rule, the people it represents) must by definition be open. If we cannot get a complete picture of what any given leader or organization is up to, then we cannot make an informed choice as to whether to re-elect that leader. If we do not know a problem exists, we cannot protest it to our Congressmen/Senators. If the press are routinely denied access to critical information on potential wrongdoing, their "freedom of the press" becomes a farce.

      We are indeed "better safe then sorry"-and we are safest when we can keep a close, critical eye on our government. Not when they're allowed to keep anything secret they wish with no oversight and no consequences for misuse of that authority.

      --
      To fight the war on terror, stop being afraid.
    5. Re:Why? by ozmanjusri · · Score: 1

      If you are going to try to negate an argument, I'd like to at least know why.

      Sorry, that's classified. Go away.

      --
      "I've got more toys than Teruhisa Kitahara."
    6. Re:Why? by Anonymous Coward · · Score: 0

      No, this is all wrong. We invened the computer not the Brits!!! call youself patriotic yu seem like a commie tome!!!!

    7. Re:Why? by lbrandy · · Score: 1

      2) Classifying everything is equivalent to classifying nothing. People who work with classified information which they know is bullshit tend to get contemptuous of the rules (I've seen classified documents just sitting around in public areas, no one watching them, with people milling by!) So it increases the chances of genuinely important information getting leaked.

      You are setting off my bullshit alarm. I think you might have just broken it, as a matter of fact. Anything that is classified above Confidential in any respectable government organization is treated like gold. It is one of the only concievable ways people can get fired, from any government job. It is true that contractors may not treat classified information as well as the Government, but most contractors are not handling things above Secret classification in their own facitilities without massive security measures (read: vaults) and constant inspections.

      I can't pretend to know where you worked or what level of classification you worked with... but at my previous job, we had people who came to work wreaking Jim Beam, every day, and didn't get fired.. but if you left something labeled SECRET on your desk, or otherwise unattended, you were gone. Point blank.

      The military takes its classified information -very- seriously, and the civilians who work for them learn very quickly what happens if you mess with it. Contractors who have -one- simple security violation will be out in the cold and out millions of dollars... which is clearly worth alot more then some cavalier employee who has decided the information is "overly classified". The biggest source of leaks are politicians at the very top.. so unless you worked in Washington, I call shennanigans.

  19. Re:I wish we knew what they were trying to patent. by Mkoms · · Score: 1

    Uh huh. Maybe we should have a public referendum on whether or not to classify each patent too?

  20. If you think that is paranoid, read this... by mikael · · Score: 5, Interesting

    The war on pigeon doo-doo

    Two and a half months after a Freedom of Information request was filed, a 376 document was produced, but with 149 pages completedly blacked out and 102 pages partially blacked out.

    --
    Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    1. Re:If you think that is paranoid, read this... by moviepig.com · · Score: 3, Insightful
      ...149 pages completedly blacked out...

      Don't worry, this is self-limiting. After enough of its material becomes non-disseminable, the NSA's ability to innovate will quickly dry up...

      --
      Seeing bad movies only encourages them. Watch responsibly
  21. How about patenting overseas first? by schwit1 · · Score: 2, Interesting

    If you think your patent will get narfled by the US government what stops you from patenting it overseas first so the cats out of the bag?

    1. Re:How about patenting overseas first? by Daniel+Dvorkin · · Score: 1

      If you think your patent will get narfled by the US government what stops you from patenting it overseas first so the cats out of the bag?

      Well, if you live in the US (especially if you work for the NSA) the answer is this: you won't be enjoying any of the profits from those overseas patents while you're sitting in Leavenworth.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
  22. Re:I wish we knew what they were trying to patent. by tacarat · · Score: 1

    NDA's for everybody!

    --
    "Common sense will be the death of us all"
  23. Re:Is DOD screwing up great NSA plans? by LnxAddct · · Score: 2, Informative

    The NSA, despite being secretive as hell, is one of the few government agencies that has consistently been upfront with the public. Multiple times they've found weaknesses in algorithms and fixed them, never giving an explanation, just a fix. In some cases it was years later that anyone started figuring out how exactly the changes worked to make the algorithm more secure, and some modifications still aren't understood by the public, but its been shown that they all increase the overall security of the algorithms in question. The NSA has motivation to make these as secure as possible simply because they also use these algorithms to securely exchange information among contractors and other agencies. I've read before that the NSA is as much as 50 to 100 years more advanced in mathematics than the rest of the world, now I don't know how accurate this is, but judging from their history it probably isn't too far off.
    Regards,
    Steve

  24. Over use of classification, nothing new by ChePibe · · Score: 1

    There's nothing new about government agencies over using their rights to classify documents, it's done all the time. From a brief stint I had working with the government, I experienced this first hand.

    While it's not necessarily a bad thing - the "just in case" factor is certainly important - it affects government efficiency a great deal at times and leads to conspiracy theories growing.

  25. I suppose by coredump-0x00001 · · Score: 2, Funny

    George W. Bush is secretly patented for breakthroughs in stupidity and frequent mispronunciation of the word nuclear.

    1. Re:I suppose by HardCase · · Score: 1

      George W. Bush is secretly patented for breakthroughs in stupidity and frequent mispronunciation of the word nuclear.

      Actually, the patent was disallowed because of previous art from Dwight D. Eisenhower, John F. Kennedy, LBJ, Gerald Ford and Bill Clinton.

      -h-

    2. Re:I suppose by ne0n · · Score: 1

      Yeah. BUT the peanut butter sandwiches eaten by the fumblemouthed twit have been patented already. Man is what man eats. Therefore, George W., himself, has been patented. Right?

      I wonder what wonderful foods the NSA has patented which the Pentagon doesn't want you all to know about. Frogs' legs? Apple pie? The mind boggles.

      --
      $ :(){ :|:& };:
  26. So, all secrets are bad then? by rindeee · · Score: 2, Insightful

    I don't get the tone of this headline, that if the Fed has a secret, it must be a bad thing. How would you propose the Gov't protect the country in the absence of secrecy. Full disclosure? A grand idea that has never worked (of course in a sense secrecy hasn't worked either, as all societies in the past have fallen). The fact of the matter is that secrets are not only normal, they are a requirement for survival. We all practice a level of secrecy even in our lives; at work, in relationships, etc. and we use them to protect ourselves (psychologically and emotionally mostly I'd presume). Companies exercise extreme measures to protect trade secrets. Pitchers and catchers use "secret" codes to communicate so as not to divulge their plans to the batter. The NSA is not a den of evildoers. They're a good bunch of folks, no different than you and I save for the fact that they're willing to work for a lot less money because they feel it's for the greater good. I'd venture to guess that greater than 50% of NSA employees are /.'ers, albeit not the most vocal of the bunch. ;) The military/intel communities have abused power at times, but that is not the norm. Blah blah blah...I'll shut up now, I'm boring even my self.

    1. Re:So, all secrets are bad then? by mauthbaux · · Score: 1

      Blah blah blah...I'll shut up now, I'm boring even my self.

      That comment right there is the reason that I think your post got modded up: Honesty and restraint.
      Kinda ironic that it concerns a story about secrecy and an over-eagerness to classify documents.

      --
      "Operating systems suck: you're better off using only the BIOS" --trainsaw.com
    2. Re:So, all secrets are bad then? by slavemowgli · · Score: 1

      What you're missing, though, is the fact that the government (and thus any government agency) is *not* like a private person or a company. People and companies are ultimately responsible only to themselves (or their shareholders, but that boils down to the same thing); the government, on the other hand, is responsible to the people. It's of critical importance to realise that - the government is not an independent entity that is allowed to do pretty much whatever it wants, it's a vehicle intended to carry out the people's will, and if it is not answering to the people anymore, then its existence is not justified.

      That being said, there are of course some things that probably shouldn't be made public for a while. But those things are few and far between, and the trend to a) make everything secret by default, b) keep everything secret forever (as opposed to making it public at a later time when there are no factual reasons for keeping it secret anymore) and c) use non-reasons like "national security", without any clarification of what that actually means or why keeping a particular document secret will help national security (or why not keeping it secret would hinder it) are essentially destroying this fundamental pillar of democracy: that the people are able to evualuate and judge the government, which is necessary in order for them to be able to make an informed decision in the next elections.

      And that's not even something that can be discussed. In a democracy, the government *has* to be as open as possible, and unless there is a real justification for not doing so, all documents the government produces *have* to be made public. Democracy does not work if everything's secret; in that case, people are reduced to yes-men who simply nod and smile whenever the government says or does something - the people become the servants of the government, as opposed to vice versa, as intended.

      Think about that and repeat it: the government is the servant of the people. The government has an obligation to give the people all the information they need to stay informed. And the government has no justification for existing outside of the fact that it was (supposedly) elected by people who voiced their informed opinions, so if you take that away, there is no justification for the government anymore.

      --
      quidquid latine dictum sit altum videtur.
  27. Classic conflict of interest by Guppy06 · · Score: 2, Interesting

    Along with their more famously sneaky missions, part of what the NSA is tasked to do is help ensure the crypto/cybersecurity of the people of the United States. The DoD is probably trying to block the NSA because of fears of what the NSA may release to aid the United States would also aid our enemies, since it's supposed to be their job to marginalize and/or eliminate those enemies.

    Personally, I think the Department of Defense should remember why the word "defense" is in their name to begin with, and not just some sort of Orwellian "Minipax" ploy. The priority here should be defending the United States, not necessarily attacking our enemies. The best defense may be a good offense, but it isn't the only defense.

    1. Re:Classic conflict of interest by thrillseeker · · Score: 1
      I think the Department of Defense should remember why the word "defense" is in their name to begin with

      Some consider it the beginning of political correctness when the name was changed from the "War Department".

    2. Re:Classic conflict of interest by Guppy06 · · Score: 1

      Political correctness, or a handwave away from the fact that what they were doing stopped having anything to do with Congressionally-declared wars?

    3. Re:Classic conflict of interest by legirons · · Score: 1

      Personally, I think the Department of Defense should remember why the word "defense" is in their name to begin with

      Because defense is a euphamism for war?

  28. Why is the government applying for patents anyway? by cgenman · · Score: 2, Insightful

    That's the part that doesn't make any sense. It's paid for by taxpayer dollars (which includes the better-behaved of companies out there), so why would the NSA try to patent them? As a source of funding? As leverage in cross-licensing agreements?

    Why does the government do this?

  29. Not really. by WindBourne · · Score: 3, Interesting

    NSA has always done a number of things in the open. Up till the iron curtain fell, the pentagon actually had a lot of power. After that, poppa bush and congress scaled back the military. Clinton decreased spying earlier on, but then increased them after a few years, but did not spend a whole lot extra on the military.

    Now, that the military is fighting a 2 front war (and looking at the very real possibility of a 3 front war in another year), they are getting a lot of power. More importantly, they are willing to use it.

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:Not really. by Shaper_pmp · · Score: 1

      "Now, that the military is fighting a 2 front war (and looking at the very real possibility of a 3 front war in another year), they are getting a lot of power. More importantly, they are willing to use it."

      I don't like to support an obviously trolling GPP, but from your answer I can't help wondering... If Bush/his administration/their policies didn't cause this to happen, who did?

      --
      Everything in moderation, including moderation itself
    2. Re:Not really. by WindBourne · · Score: 2, Insightful

      Just like most everything else, all of this belongs to the admin AND congress. GWB had to get congressional permission to wage war on Iraq. IOW, he had to get support from republicans and democrats alike, and he got it. Had that not occured, we would not be fighting a 2 front war. If not, then the military would not be getting the dollars (translate to power) that it gets now. GWB can (and rightfully should) be blamed for starting a lot of American problems. But congress is a check/balance that should have stopped it. They did not, therefore they share in the blame.

      It is something that I will remember in about a year. Hopefully, so will most voters.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    3. Re:Not really. by Anonymous Coward · · Score: 0

      Just like most everything else, all of this belongs to the admin AND congress.

      Of course, Congress heard the same lies we did (bullshit WMDs, bullshit Uranium imports, etc) and are as much of a victim of Bush's administration as we are.

    4. Re:Not really. by Shaper_pmp · · Score: 1

      That's a fair point, but I personally believe the majority of the fault lies with the person/people who pushed and manipulated to get the country into a war (a sin of commission), not so much the ones who should have formed a "check and balance" but who were lied to and so didn't (a mistake, or at worst a sin of omission).

      Yeah, Congress needs to shoulder some of the blame, but only if it was well-known at the time that that the terrorism and WMD claims were completely fallacious. And if that was the case why wouldn't they have impeached Bush straight off for lying to them?

      --
      Everything in moderation, including moderation itself
  30. In Soviet Russia... by Anonymous Coward · · Score: 0

    ...secrets patent you!

  31. cue the stories... by weighn · · Score: 1

    ...of the backyard inventor working on some perpetual motion device who gets a mention in the local rag and subsequent vists from strange dudes in suits who drop vague warnings about continuing to develop...

    --
    Mongrel News all the news that fits and froths
  32. IFWM is that you? by Anonymous Coward · · Score: 0

    The NSA is absolutely NOT part of the DOD. They are totally seperate entities.

  33. ooo by clragon · · Score: 1

    does that mean my X-Wing is going to be ready soon?

  34. No More Secret than Times Past by Anonymous Coward · · Score: 0, Interesting
    From the article: 'the fact that the Pentagon is classifying things that the NSA believes should be public is an indication of how much secrecy has crept into government over the past few years.

    Well, probably no more secrecy than Churchill's declaration that anyone caught revealing that England had a German Enigma machine would put to death.

  35. Re:I wish we knew what they were trying to patent. by Ironsides · · Score: 1

    Domestic or foreign, I doubt the leadership (i.e. non-pawns) of a terrorist group would be be unwilling to make the best use of anything they can get their hands on.

    Something tells me that the Pentagon is more concerned with foriegn governments getting a hold of the patents rather than terorists.

    --
    Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
  36. Gov't agencies can patent things? by YouHaveSnail · · Score: 4, Insightful

    For me, the big surprise here is that the NSA, an agency of the federal government, can apply for a patent in the first place. How does that work, exactly, when the NSA actually gets a patent? Since it's funded by tax dollars, can anyone use the invention? Do we need to apply for a license to use the invention? Is there a licensing fee? If so, where does that money go? Government agencies are neither people nor corporations, so do they have some sort of legal status that allows them to own things like patents? Could the FDA or the NIH start patenting drugs? Could the House of Representatives patent some novel method of voting and prevent the Senate from using it?

    Perhaps they're trying to patent ideas in order to make them public and prevent anyone else from obtaining a patent on the same idea, and we're all free to use the idea. But then why not just publish the idea and make sure that the USPTO is aware of it?

  37. Patenting is an exchange by vonkohorn · · Score: 4, Interesting

    Patenting is an exchange: the government gives you exclusive rights to control the innovation for a period of time in exchange for your making it public. The idea of classifying any patent breaks the system. That's why there are both patents and trade secrets. Public access is such an integral part of the patent system that we should all take very seriously any attempt to allow any patents or patent applications to be classified.

    --
    Better to light a candle than complain about the darkness.
    1. Re:Patenting is an exchange by Eivind+Eklund · · Score: 1

      That side of the system has mostly broken down a long time ago - the patents are not written in a form that's useful for research, so nobody use it to find out what to do.

      Or at least nobody I've been able to find. I've talked about this to people the do research (including taking out patents) in computer software, in food process engineering, and for physical engineering for consumer devices. All find the patent database basically useless except for finding out if something they know how to do anyway is patented.

      Eivind.

      --
      Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
  38. Re:Is this really that significant??? by alexo · · Score: 1


    > The government is by definition a public body that we, ideally, control [...]
    > They take your taxes, period. I think it is quite reasonable to insist that what
    > the government does/creates with our money be made, if at all possible, public.
    > That's how government is supposed to work.


    That only works with a government that only governs.
    Unfortunately, some governments are not content with just governing. They want to rule.

  39. Re:Is this really that significat??? by syzler · · Score: 1

    If Coke invents some new thing and decides to keep it a secret, you can tell them how you feel by not buying any Coke. You have no choice with the government.

    You can tell the government how you feel by voting out the current politicians at election time in favor of politicians that agree with your beliefs and ideals. You choice is to vote for or against currently elected officials. Granted this will not help you at this precise moment, but neither will not buying Coca-Cola products provide instant results from Coca-Cola.

  40. It is not a sign of 'increased secrecy' by mi · · Score: 0
    It is a sign of increased importance of communications, particularly -- encrypted communications.

    Raw firepower is still important, but importance of communications is growing very fast.

    Our modern enemies care deeply, where and when the infidels' convoy will be passing or which people can be kidnapped and when. We'd like to be able to intercept their communications, and we don't want them to be able encrypt it so well, that we can't...

    --
    In Soviet Washington the swamp drains you.
    1. Re:It is not a sign of 'increased secrecy' by finkployd · · Score: 1

      Are you under the impression that the US is the only country with cryptography knowhow? Are you under the impression that the US is even relevelent anymore in math and crypto? So what if we classify all our stuff, we have fallen far enough behind that nobody cares anyway.

      Granted the NSA is probably still ahead of the general population, but given that they have to hire US citizens (who were educated in US public schools most likely) do you really think foreign countries cannot do better?

      Is it possible they are trying to hide how far behind we are?

      Finkployd

  41. Re:Why is the government applying for patents anyw by Ironsides · · Score: 1

    That's the part that doesn't make any sense. It's paid for by taxpayer dollars (which includes the better-behaved of companies out there), so why would the NSA try to patent them? As a source of funding? As leverage in cross-licensing agreements? Why does the government do this?

    To recoup money from it's investment. The feds spend millions and in some cases billions developing technology. Why should businesses get that research for free? They license out the patents and put the money back into the general fund. That way, they have more money to do more reasearch and pay for other things. Unfortunately, I can't find offhand how much is collected yearly this way.

    --
    Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
  42. Re:Is this really that significant??? by StikyPad · · Score: 1

    What?

    govern

    v 1: bring into conformity with rules or principles or usage; impose regulations; "We cannot regulate the way people dress"; "This town likes to regulate" [syn: regulate, regularize, regularise, order] [ant: deregulate] 2: direct or strongly influence the behavior of; "His belief in God governs his conduct" 3: exercise authority over; as of nations; "Who is governing the country now?" [syn: rule]

    v. ruled, ruling, rules
    v. tr.
    1. To exercise control, dominion, or direction over; govern.
    2. To dominate by powerful influence.
    3. To decide or declare authoritatively or judicially; decree. See Synonyms at decide.
    4. a. To mark with straight parallel lines.
          b. To mark (a straight line), as with a ruler.


    Ah, I see. I hate governments that want to mark with straight parallel lines too.

    All joking aside, assuming that you were trying to say that our government wants absolute control rather than limited powers, that's inherent in any government because it's inherent in people, and governments are run by people. That's why the framers of the Constitution tried to limit and balance that power with term limits, 3 branches of government, and public accountability.

    So in fact, openness doesn't "only work in a government that wants limited controls", it creates and sustains such limitations.

  43. duh by Anonymous Coward · · Score: 0

    If they think you did it on purpose they will charge you with treason and lock you up for a long time.

  44. Fed Patents? by Faux_Pseudo · · Score: 1

    I am a touch confused here. I was under the impression that State and Fedral bodies could not file patents? Did something change or am I missing something.

  45. What are they keeping Secret? by Alien54 · · Score: 1
    They let stuff out on the net like this:

    http://www.hedfud.com/media/albums/videos02/mobile _laser.wmv

    Direct link to WMV file of a military film introducing an operational high power laser. They show it taking out shells and rockets in midair. Some lousy special effects, but educational.

    So what stuff are they keeping secret?

    --
    "It is a greater offense to steal men's labor, than their clothes"
  46. If I told... by GrayFox777 · · Score: 1

    If I told you, I'd have to kill you.

  47. NSA is part of the DoD by Anonymous Coward · · Score: 0

    The NSA is, and always has been, part of the Defense Department. It's not a secret. Next time, google before you post.

    http://www.intelligence.gov/1-members.shtml

    "Three major intelligence agencies in the Department of Defense (DoD) - the National Security Agency (NSA), the National Reconnaissance Office (NRO), and the National Geospatial-Intelligence Agency (NGA) - absorb the larger part of the national intelligence budget. NSA is responsible for signals intelligence and has collection sites throughout the world."

  48. Agreed by Anonymous Coward · · Score: 0

    The reporter could have benefited from an org chart.

  49. Never mess with the guys that can answer by SmallFurryCreature · · Score: 2, Funny
    Never mess with the guys that can answer the question: "You and what army?".

    US Military: "We don't want you to release that information."

    You: "Oh yeah who is going to make me? You and what army?"

    US Military: "Well......."

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  50. Military Judge? by phorm · · Score: 1

    Not that it would do him any good, but why wouldn't they have a military judge that could deal with such sensitive issues?

  51. ...plus some contradictory data by Quadraginta · · Score: 1

    From TFA itself:

    "However, at another level, the Pentagon appears to be relaxing slightly: it seems to be loosening its post 9/11 grip on the ideas of private inventors, with the number having patents barred on the grounds of national security halving in the last year.

    In the financial year to 2004, DTSA imposed 61 secrecy orders on private inventors, a number that had been climbing inexorably since 9/11. But up to the end of financial 2005, only 32 inventors had "secrecy orders" imposed on their inventions."

  52. Re:Is DOD screwing up great NSA plans? by finkployd · · Score: 1

    Um, judging from their history (which btw is not THAT long to begin with), they are about 10, maybe 20 years ahead at best. They supposedly knew about public key crypto a couple of years before anyone else (although we have only their word on that) and we know that they knew about differential cryptanalysis about 10 years ahead of the public sector (if the history of DES is any indication).

    Let's not forget though, they are not supermen, the are just the best the US has to offer. And we are not exactly known world wide as a math powerhouse.

    Finkployd

  53. Hypothetical question.... by isotope23 · · Score: 2, Insightful

    From the article, it seems even private patents can be claimed under national security. I would assume with anything so claimed the inventor is basically screwed.

    So here is the hypothetical question, suppose I invented a new method to decrypt information VERY fast (i.e polynomial time). If I did not apply for a patent here, but either patented it in europe, or just published it, would that be illegal?

    As far as I can tell there are no requirements that you must try to patent an invention, nor any requirement that a u.s. inventor patent an invention in the US first.

    Thoughts?

    --
    Service guarantees Citizenship! Questions Guarantee GITMO.... Amerika Uber Alles!
    1. Re:Hypothetical question.... by Myria · · Score: 2, Insightful

      I think that they can only classify things if the federal government pays for it. If I'm wrong, and you manage to factor big numbers quickly, I suggest you do three things: - Immediately get it on the Internet as fast as you can. Make sure Slashdot sees it, especially. Place a notice that patent rights are reserved. - Arrange to have it published somewhere, preferably by a lesser-known journal that would be less inclined to listen to the Feds. You have 1 year to do this under American law. If the Feds never know about it before you reveal it massively, there is little that they can do. If they arrest you, it would look terrible to the administration in power. It's all about the PR. Melissa

      --
      "Screw Sun, cross-platform will never work. Let's move on and steal the Java language." - Visual J++ Product Manager
    2. Re:Hypothetical question.... by StrawberryFrog · · Score: 2, Interesting

      From the article, it seems even private patents can be claimed under national security. I would assume with anything so claimed the inventor is basically screwed

      It has happened

      --

      My Karma: ran over your Dogma
      StrawberryFrog

    3. Re:Hypothetical question.... by Anonymous Coward · · Score: 0

      Not really correct especially is you want to make money out of your patent. See http://www.wired.com/news/technology/0,1282,68894, 00.html

    4. Re:Hypothetical question.... by fishbowl · · Score: 3, Insightful


      "So here is the hypothetical question, suppose I invented a new method to decrypt information VERY fast (i.e polynomial time). If I did not apply for a patent here, but either patented it in europe, or just published it, would that be illegal?"

      Release the information anonymously, and enjoy being the catalyst that begins the post-crypto world.

      If you came up with such a discovery, would you *really* let any government have it?

      --
      -fb Everything not expressly forbidden is now mandatory.
    5. Re:Hypothetical question.... by praxis · · Score: 1

      Do you have a better reference to where this has happened before? The article to which you linked mentions nothing about the government claiming the patent. It describes a case where the inventor was working with Lucent for them to use it on a government contract. After consulting with them for a year they refused to license the invention, so he filed a few lawsuits. Then after unsuccessful settlements, his partners went ahead with the suit. The government then stepped in and invoked their state secrets power to quash the attempts to subpeona documentation of the project citing national security concerns, effectively killing the suit. It mentioned nothing about the government claiming the patent. If it really has already happened, perhaps you could provide a reference to documentation suggesting that?

      P.S. It's not that I agree with the events of that case, since many of the documents that were protected with the state secrets power were unclassified and publicly published already, so it seems that it was a favor done for a government contractor. The government could have invoked the power on only the classified documents or suggested closed-door hearings rather than an outright blanket quash like they did. The point here is not the details of how I feel about that case, but that it's not an example for what you implied it was.

  54. confusing singular with plural by Quadraginta · · Score: 1

    The government is by definition a public body that we, ideally, control.

    Yes, but not each of us personally. We don't live in a direct democracy, where every action of the state requires our explicit approval and understanding.

    The deal is, we elect representatives, and they have complete access to all information in the government, and complete control over everything it does, secret or otherwise. If the President wants to know exactly what the NSA is doing in some deep-dark secret lab, he'll ask and be told. If your Senator wants a briefing on ultrasecret Pentagon plans to dominate the world, he'll get one. And so forth. From the point of view of a Republic, if the President sees it, then "we" the people have seen it -- because he represents us. That's why he's elected, not a king by right of birth or something.

    We're supposed to be electing people we trust to manage responsibly on our behalf whatever secrecy the government needs to defend our interests. If they can't be trusted to decide on our behalf what should and should not be kept secret, we shouldn't be electing them. Contrariwise, people who are elected should reasonably be assumed to have the trust of the majority. (They may not have the trust of the minority who voted against them, of course, but that's just too bad, them's the breaks in a majority-rule system.)

    Electing folks and then second-guessing them all the time is nuts. It would be like the shareholders of Coke (to use your example) demanding to take part, individually, in each and every corporate decision. The regular business of Coca-Cola, Inc. (bottling soda) would grind to a halt, and what you'd get instead from your corporate officers would be a lot of showboating for daily opinion polls, avoidance of any knotty issues sure to piss off this or that vocal subgroup, dithering and a lack of leadership, and a strenuous effort to avoid speaking plainly. Er, sound a bit familiar?

    1. Re:confusing singular with plural by sig97 · · Score: 1

      Electing folks and then second-guessing them all the time is nuts. It would be like the shareholders of Coke (to use your example) demanding to take part, individually, in each and every corporate decision. The regular business of Coca-Cola, Inc. (bottling soda) would grind to a halt

      Well, in this case you would still have some basic idea about what the corporation is doing (bottling soda). If the Coca-Cola Inc. decides to enter a new market and start making, say, chemical weapons, then it would probably need to inform the shareholders about the new move. The production should then be overseen by the government.

      If the President wants to know exactly what the NSA is doing in some deep-dark secret lab, he'll ask and be told.

      Now, suppose that people from some agency invents a revolutionary new, extremely painful and in most cases fatal interrogation technique and start using it in the field. Or, suppose that the military is developing unique biological weapons, say a virus capable of wiping out a third of the world's population. Shouldn't it be your right to know about that particular use of your tax dollars and maybe even object to it? And even if the President would care about what goes on in deep-dark secret labs, he would still need to ask the right questions.

      I'm not saying that every action of the state should require a public approval. None the less, I believe that the public deserves to have some general knowledge about what is going on. Now that Pentagon is classifying things that would probably be considered harmless a few years ago, the amount of the classified information must be growing quite rapidly. How would anyone then be able to question some of the not-so-harmless programs known only to a few dozens of people in the world?

    2. Re:confusing singular with plural by Quadraginta · · Score: 1

      Well, in this case you would still have some basic idea about what the corporation is doing (bottling soda).

      Which would be preferable as long as your first priority is knowing exactly what the company is doing, rather than, say, selling lots of soda, making a profit, and staying in business. Count me out. I find "Big Brother" a futile and obnoxious concept in any context.

      If the Coca-Cola Inc. decides to enter a new market and start making, say, chemical weapons, then it would probably need to inform the shareholders about the new move.

      Probably, yes. Management's fiduciary duty to the owners would require informing them in a timely manner of the new risk to their investment capital, since -- despite the opinion of long-time Pepsi-drinkers -- Coca-Cola has no obvious expertise in making chemical weapons.

      But if management decides to change the formula of their existing product, do they need to inform the shareholders ahead of time? Nope. When you buy stock in Coca-Cola, you're expressing trust in the company. You're not buying the right to arbitrary micromanagement of management's decisions. If you don't like management's decisions, your only individual remedy is to sell your stock.

      The production should then be overseen by the government.

      Uh, why? Why would government do this job better? You need people who are experts in the safe production of deadly chemicals, e.g. folks with PhDs in inorganic chemistry. Why would the government find it easier to hire such people than Coke? History in fact suggests just the opposite, that highly-qualified people prefer private industry jobs than the equivalent jobs in government.

      Now, suppose that people from some agency invents a revolutionary new, extremely painful and in most cases fatal interrogation technique...

      They should get raises and pats on the back. The job of people in defense research agencies is to sit around sipping energy drinks and thinking up fiendish and horrific new methods of inflicting pain on our enemies. As a citizen I want the nastiest, scariest, most feared military on the planet. Best guarantee of peace I know.

      and start using it in the field.

      Against whom? My enemies? In that case, medals and commendations all around. As a citizen, I expect ruthless efficiency from my government when it comes to waging war. War is not a debating club. People are killed. War is a hideous last resort against evil, and the only moral imperative is to win it and win it quickly.

      Or do you mean against my friends or fellow citizens? In that case, these folks are rogues -- doing this is already forbidden -- and they need to be purged, lose their jobs, maybe get sent to jail or executed, depending on the severity of the offense.

      Shouldn't it be your right to know about that particular use of your tax dollars and maybe even object to it?

      Collectively? Of course. As an individual? No. I've got more than enough on my private plate to occupy my attention. I elect Congressman to do this job. If they can't keep on top of stuff like this and make sure my interests are zealously guarded, then what the hell am I paying them for? They need to be replaced with more competent people, and I'll see to it in a November or two.

      And even if the President would care about what goes on in deep-dark secret labs, he would still need to ask the right questions.

      You speak as if the agencies set the agenda and the President is an onlooker. That's not the way it is. The President sets the agenda, with the voice of the voters who elected him ringing in his ears and the dazzling hope of being re-elected dangling before his eyes. The agencies work for him. If people in them wander off mission they lose their jobs, typically, because he's an ambitious man in a hurry.

      I'm not saying that every action of the state should require a public app

    3. Re:confusing singular with plural by sig97 · · Score: 1
      Wow, that was a long answer!
      Well, in this case you would still have some basic idea about what the corporation is doing (bottling soda).
      Which would be preferable

      I agree, that was actually my point. As long as I have a general idea about what's going on, I'm happy. However, I believe that potentially hazardous or questionable stuff, like chemical weapons, nuclear plants and so on, should be overseen - as opposed to running - by the officials. Even with safety rules, there is no guarantee that a company would comply -- in reality, short time profit or political goals are often more important than regulations. That's why you need an independent supervisor.

      When it comes to the government, the best supervisor are probably the people themselves. Now, with secret activities and unclear regulations you don't have this kind of control. The President sets the agenda, it's true, but he doesn't replace all of the management because of that. Same generals are running Pentagon, same CIA agents are planning undercover operations and same people are working at the IRS (the IRS probably doesn't have any secret programs though :-) Ideally, the elected representatives would make sure that everything goes on as supposed to. In practice, they are relatively few. Most of them have their own political agendas and many are probably not even interested in fair play -- we're talking about politicians here :-) What I'm trying to say is that the more secrecy there is, the more difficult it is to discover misconduct and to fight corruption.

      Why assume the error is in present rather than past levels of security? Perhaps those things that weren't classified a few years ago should have been. Where's your evidence that the Pentagon is classifying things it shouldn't?

      I don't have it. And that's the problem - there probably just isn't any evidence at all, now that documents are being classified automatically. Actually, most information is potentially damaging. Still, it doesn't mean the public shouldn't see it.
      Now, suppose that people from some agency invents a revolutionary new, extremely painful and in most cases fatal interrogation technique...
      They should get raises and pats on the back. The job of people in defense research agencies is to sit around sipping energy drinks and thinking up fiendish and horrific new methods of inflicting pain on our enemies. As a citizen I want the nastiest, scariest, most feared military on the planet. Best guarantee of peace I know.

      This is a bit offtopic, but I have to say that I strongly disagree. Come on, being the most feared thing on the planet will most definitely not guarantee peace. That would make the rest of the world a huge training camp for Al-Qaida. Most of the people outside the states would simply start hating its army and its citizens. For instance, pushing sharp metal things through some suspected terrorist's eyes or forcing prisoners to have sex with dogs or whatever might be a useful interrogation technique in the short term. In the long term it would ruin the credibility of the country using such techniques. Of course, there's also a moral side to this. I mean, if the only objective is killing enemies in the most painful way - then why do we even bother taking prisoners?
    4. Re:confusing singular with plural by Quadraginta · · Score: 1

      Sorry about the length. I'll try to be succinct.

      I agree with you it's best to have maximum structural distrust of the government. That is, we should set up a system so that it will still work OK if it's inhabited entirely by thieves, crooks and liars, assume that this will sometimes happen, and prepare for it.

      On the other hand, let's not automatically distrust the people in the structure. People are mostly reasonable. Most Presidents and Congressmen do their duty honestly, just like the rest of us. So once we've picked someone we trust, it's time to chill out and let him do his job until he's given us a definite reason to doubt him. You don't hire a lawyer or doctor and then squint cross-eyed at every decision he makes (if you want to keep your lawyer or doctor, that is).

      Short version: trust, but verify.

      What I'm trying to say is that the more secrecy there is, the more difficult it is to discover misconduct and to fight corruption.

      Sure. Alas, there are desirable effects of secrecy, e.g. not giving away your vulnerabilities to your enemies or not putting "guns" into the hands of "children" (like spreading nuclear bomb know-how indiscriminately around the globe). The trick is, naturally, to balance them. The accepted technique is to pick a few trusted people (e.g. the President and Congress) to know all the secrets and have them decide what may be safely revealed to all.

      Look, if a private citizen really, really wants to be dead sure the government is doing the right thing with secret bioweapons research, then he should join the government. Get on the staff of a Congressman, work hard, become knowledgeable in the area, contribute, rise in rank, get clearances and acquire a position of high authority. I don't want him cheaping his way out by demanding to be given the power to mess with dangerous secrets held in the public trust without being willing to take on the responsibility.

      It's a bit hard to know for yourself whether secrecy is justified or not, sure. But you can look at the historic record, too. I'd have a hard time saying there's been anytime since 1787 when the U.S. Government has systematically hid horrible things. We're not talking Stalin and the USSR here, let alone secrecy about Final Solutions. At most all anyone has been able to come up with is (1) scattered instances of individual evil, or (2) trifling mistakes that always accompany huge and complex endeavors. (No Linux kernel is ever bug-free, either. Doesn't mean Torvalds is a dumfuk or up to no good.)

      being the most feared thing on the planet will most definitely not guarantee peace.

      I said the military should be the most feared thing on the planet. But the country should be most renowned for freedom, generosity, enthusiasm, and justice. So in addition to a badass war machine we must produce $billions in humanitarian, fair trade policies, reliable treaty-keeping, a consistent voice for human rights, and be a beacon of freedom for all.

      But we do need the war machine to do those other things. You can't keep your freedom and help others keep theirs unless you can defend it, not in this life, not with this species. Wish it were otherwise.

  55. RSA and GCHQ by Flying+pig · · Score: 2, Informative
    I think it's well known that a GCHQ scientist (with the unfortunate name of Cocks) came up with the public/private key idea before Rivest,Shamir and Adelmann. British security predictably sat on it, with the result it was patented in the US and the UK lost the benefits of yet another bit of fundamental research.

    However, given the prevailing attitudes in the English speaking world, I suggest you patent your ideas in the non-UK EU. Luxembourg?

    --
    Pining for the fjords
  56. On a related topic ... by can56 · · Score: 1

    How can universities, in the US, Canada, and elsewhere patent things? Like the government, they are supported by taxes and "donations".

    The only difference between the two, in my opinion, is that a GOV forces you to pay for increased "services", while a UNI just jacks the prices of admission.

  57. "Ought" vs "Is" by CustomDesigned · · Score: 4, Insightful
    The "people on /." (and Groklaw.net) know that you are not *supposed* to get patents on ideas. It is the fact that such patents are regularly granted despite such paragraphs as you quote that has us in an uproar. And we complain that it is *technically* (in the non-legal sense) "easy" to get a patent - not that it is "easy" in the sense of the expense or legal technicalities involved. So saying, "just patent your own inventions if you're so smart" is not a valid argument for ordinary people without $10000 to blow on every software invention (even the real inventions as opposed to obvious stuff).

    Notice that if I'm going to be investing $50000 in parts and equipment (say because I've just figured out to make a Farnsworth generator actually produce power), another $10000 for a patent makes a lot more sense. It is software patents that have such a ridiculous discrepancy between the cost of invention and the cost of a patent. That is why "people on /." (and Groklaw.net) are against *software* patents, not patents in general.

    It is also software patents for which the Patent Office seems to have the most trouble distinguishing real inventions from the trivial. But even if that problem (USPTO ignorance of software technology) is fixed, there is simply no need for patent protection of software, because there is no hard cost of invention. It "only" costs time to write and debug code - and that debugged and working code is already protected by copyright. Software patents are purely a tool of oppression.

    1. Re:"Ought" vs "Is" by thebdj · · Score: 1

      So you are of the belief that a software patent is a "tool of oppression"? You say there is no cost except for time to write and debug code. Yes let us ignore the fact said code still needs a computer or some piece of hardware to interpret said code, so during the design at least there is that cost as well. To be honest I am not sure that I really support or hate software patents, but I do believe the problem with software patents is that they were allowed after software was already well around. This created a problem with finding prior art because under limited search times, you really only can spend so much time looking.

      I like to use the following argument: say you can implement process one as a solely hardware only device, with digital logic or other passive/non-passive electronic devices or you can implement the process on a microprocessor or computer using software and get the same effects, speed differences being negligible. So under the no software patents idea, I can patent the hardware implementation but not the software one. This is somewhat troublesome because if you invent the process and implement it both ways you deserve the right to own a patent on it. Copyrights do not provide enough protection, because as many of us know there are several ways to write code to perform the same process sometimes.

      Much of the problem with software patents comes with the fact that the exact mode of operation of closed source code that has never had a patent filed on it, or older code in general that is either poorly documented or hard to locate is that you cannot reasonably prove in all circumstances that it reads on the same lines as the patent. It also is not an easy matter to determine if something of that nature is really prior art. It is important to remember that prior art has to be available to the PUBLIC to be prior art, so many of those closed source programs that might qualify fail because they did not document the process they used and without their source code it is not known whether or not they actually read on the claims of the invention.

      I think you are misunderstanding, and probably your friends on /. and groklaw are misunderstanding the use of 35 USC 112,1st paragraph. It does not prevent the applicant from applying from an unfulfilled idea. It simply states that the specification must be enabling. In that regards, it means that from the specification, a person of ordinary skill in the art should be able to take the patent and realize the invention. In order to reject a patent as not being an invention you would reject it under 35 USC 101. This is a very serious rejection because you are claiming that no invention has been made or the invention as claimed is not possible (which would be like saying no invention was made). This is because it states "Whoever invents..."

      I will not go into my usual discussion on 35 USC 103 here, so instead I will say...take the time to actually read 35 USC 101, 102, 103 and 112. Since that is where rejections lie. Also if you are really interested I might get around to writing my explanation of patent law sooner then I think (see my journal).

      --
      "Some days you just can't get rid of a bomb."
  58. That doesn't work by Anonymous Coward · · Score: 0

    Even if you do manage to vote out the current government, the new one will not open up all the old "secrets", so you still have the secret.

  59. They can not stop you..... by the_womble · · Score: 1

    ..patenting the ideas in the rest of the world.

  60. Makes sence to me.... by Juliemac · · Score: 1

    The government releases the data publicly. A US company designs a salable product from the data. They ship it to India, China or the Philipines for manufacture. The above countries now have the info they need to resell the concept. Sounds like they are protecting the people from the Company to me....

  61. Re:I wish we knew what they were trying to patent. by dbIII · · Score: 1
    of a terrorist group would be be unwilling to make the best use of anything they can get their hands on
    Terrorists are not relevant to this discussion, since in most cases technology like timers or remote controls are beyond them.
  62. Re:Is DOD screwing up great NSA plans? by meringuoid · · Score: 1
    They supposedly knew about public key crypto a couple of years before anyone else (although we have only their word on that)

    More than a couple of years. GCHQ had public key crypto long before R, S and A invented it. Someone upthread noted that secrecy led the British to throw away a massive lead in computer technology at the end of WW2; well, we did it again there. We had RSA for years and did sod all with it.

    Not that I'm bitter, angry or resentful about the British government's policies on science and technology, no no no. I trust all those Sir Humphreys with their educations in the arts and classics to make the right choices...

    --
    Real Daleks don't climb stairs - they level the building.
  63. The British are still doing this! by Anonymous Coward · · Score: 0

    You can have a more recent example of the pointlessness of classification. In 1970 the British CESG (their equivalent of NSA, though I think it pre-dates it!) invented Public Key Encryption. They classified it, and it never saw the light of day until Diffie-Hellman invented it independently in the public arena in the 1980s.

    http://www.cs.columbia.edu/~smb/nsam-160/ refers.

    Incidentally, I don't think the UK would have been much richer if they had not suppressed their crypto advances (on Churchill's orders!). They are suprisingly good at 'blue-sky' research and inventing new technology, and suprisingly bad at making money out of it. Jet engines and radar, for instance, were just given away. Of course, if they hadn't been, we would just have taken them anyway? Look at the story of the Miles M-52 aircraft ( http://en.wikipedia.org/wiki/Supersonic )....

  64. It doesn't matter what the intention is. by KingSkippus · · Score: 5, Insightful
    I see classifying everything more as a "cover your ass" type policy than some high level conspiracy against the US citizens.

    You may be right.

    ...But you may not. That's kind of the point. When everything is a secret whether there's a valid reason or not, none of us knows what kinds of motivations are at work behind the scenes.

    Even if I give the people in charge now the benefit of a doubt and pretend like all they're doing is covering their ass, it doesn't change the fact that now that the precedent is set and government secrecy is the rule, not the exception, there's nothing to stop someone who is truly evil from taking power and wreaking havoc the likes of which this planet has never seen.

    Imagine a modern-day Hitler. (No, I'm not comparing him to George Bush, I'm talking about a hypothetical person who's litierally—word used correctly—much more evil.) Does anyone remember that he was Time Magazine's Man of the Year of 1938? As he was working his way into power, people loved him, because he seemed like an average working-class guy who wanted to do right by the German people. They had no clue what future atrocities were to come. It's not too hard for me to imagine someone like that being elected in this country. Now imagine if this modern-day Hitler managed to get in charge of the one and only world superpower, and that once he started doing things like, well, Hitler did, there was no way to hold him accountable. No one knew because all of his actions were classified as national security secrets. Hey, wait, isn't that pretty much exactly what happened back then?

    Again, I'm not saying that that is what's going on right now, but who knows? Maybe it is. But even if it's not, if we allow a political environment in which it can happen, there's nothing to stop it from happening in 2008. Or 2012. Or 2016. Because it can, it's just a matter of time before it does. Such is the nature of absolute power.

    Is this what we really want?

    I'm sorry, but whether they're covering their asses or trying to take over the world doesn't change the fact that what they're doing is evil, and it literally—word used correctly—has the potential to destroy any semblance of freedom in this country and maybe even the whole world.

    And to the parent post, that was an excellent point about the government not letting us keep any secrets from them. I've never really thought about it before, but it's really a scary thought. Every intimate detail of my life is open to Uncle Sam, but when I ask stupid questions to try to make sure Uncle Sam's not evil, well, it's a totally different story.

    People are so wrapped up in how Uncle Sam will protect us from the terrorists that they forget to ask the question that's much more important: Who will protect us from Uncle Sam?

    1. Re:It doesn't matter what the intention is. by stanmann · · Score: 2, Interesting

      It was no secret from anyone what Hitler was doing to any of the "Undesireables".

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    2. Re:It doesn't matter what the intention is. by servognome · · Score: 2, Interesting

      It's also no secret what is going on in Guantanimo, though without proof since everything is classified it's easy to for people to cover their ears and pretend everything is fine.
      That said, ultimately most people are more concerned with their day-to-day safety than the ideal of freedom. Those in public service know that they will be held more accountable for a failure of safety than by eroding freedoms. This isn't a recent thing, just look at the internment of Japanese Americans during WW2.

      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    3. Re:It doesn't matter what the intention is. by stanmann · · Score: 2, Interesting

      Nothing going on at Guantanimo, other than the information being extracted is classified. The Red Cross, NY Times and others make frequent visits to ensure the detainees are being treated appropriately.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    4. Re:It doesn't matter what the intention is. by joaobranco · · Score: 3, Interesting

      Nothing going on at Guantanimo, other than the information being extracted is classified. The Red Cross, NY Times and others make frequent visits to ensure the detainees are being treated appropriately.

      Right... And they can go wherever they want there, and talk to whoever they want without US forces being present? Can they describe to all what they saw/talked about?

    5. Re:It doesn't matter what the intention is. by stanmann · · Score: 1

      Without US forces being present, thats clever. And yes, they can go any time.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    6. Re:It doesn't matter what the intention is. by servognome · · Score: 1

      The ICRC keeps its findings confidential.

      After surveying a prison, the ICRC's findings always remain confidential, Gordon-Bates said. If a country holding detainees were to fear that the ICRC would degrade it before the world, the organization could lose its credibility as a neutral party. "We want to ensure we have access to people in prisons around the world," Gordon-Bates said.

      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    7. Re:It doesn't matter what the intention is. by tjstork · · Score: 2, Interesting

      >People are so wrapped up in how Uncle Sam will protect us >from the terrorists that they forget to ask the question >that's much more important: Who will protect us from Uncle >Sam?

      That's why you have to vote for massive tax and program cuts. A small government is a powerless one. Get rid of the entitlements, the discretionary spending, and leave just a smaller military, and you won't have to fear government so much simply because it won't have money to act.

      --
      This is my sig.
    8. Re:It doesn't matter what the intention is. by Lotharus · · Score: 1

      A well-thought, well-said position without political sway or slander.

      I'm sorry, sir; I'll have to ask you to leave. That sort of behavior will not be tolerated here.

  65. Someone will find out. by Stumbles · · Score: 1
    Well as the ol' addage goes.... there is no security by obscurity. Obviously since the article does not say what those attempted patent filings are about. No one can say for certainty just how much or little they truly effect "national security".

    Btaim I would have to say that effect is little to none. Since 9/11 our government has gone off the deep end in many ways and this is just another example. Way back when radar was first developed and used during WWII. The simple notion of an electronic feedback circuit was classified knowledge. Based on the same faulty criteria our government is using now.

    The electronic feedback circuit is such a fundamental concept as ohms law. Now I am not saying the proposed patent requested by the NSA fall in the same category. I am saying it would make little to no difference if the rest of the world knew it's content. Of course there is no way to prove me wrong since you would have to use classified material as evidence.

    --
    My karma is not a Chameleon.
  66. OK, class is in session. by hey! · · Score: 3, Interesting

    Come 'on, cut any silly implications that government secrecy is somehow something new with the Bush administration.

    Perhaps you weren't paying attention, but up to September 11, 2001, the biggest Bush administration story was the unprecedented level of secrecy they demanded.

    Things that had heretofore been matters of public record or simply allowable to discuss had become privileged and confidential. Bush adminsitration secrecy hasn't changed at all post 9/11, except now they say it is becuase "the world has changed," and invoke national security instead of executive privilege. But before 9/11 they were very aggressive about executive privilege, in effect saying that the administration could not conduct its business with the public looking over its shoulder in certain situation, despite the fact that the past four or five administrations managed to do so.

    Just a month prior to 9/11, the top story was Cheney's drafting energy policy with his old business cronies and claiming it was a state secret. There were countless smaller stories about how data on government decision was drying up. Information on the composition of a group which advised the administration on stem cell research in April of that year was a closely guarded secret. Earlier that year, there were complaints that important parts of the Administration's trade policies were being kept secret.

    State secrets have always exist. Political discretion has always been wise. But this administration has always found the free flow of information to be intolerable.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    1. Re:OK, class is in session. by letxa2000 · · Score: 1
      Perhaps you weren't paying attention, but up to September 11, 2001, the biggest Bush administration story was the unprecedented level of secrecy they demanded.

      Hmmm, I seem to remember the biggest Bush administration story being about when our plane bumped into a Chinese plane and our men and woman were held hostage for a period of time. Maybe that was just "wag the dog" so we wouldn't notice all the secrecy stories, right? :)

      Just a month prior to 9/11, the top story was Cheney's drafting energy policy with his old business cronies and claiming it was a state secret.

      Sure, the discussions could be. Why should they be made public? It's not like the energy policy was going to be implemented without public discussion and congressional approval. Do you think you have a right to sit in the White House and listen in on every conversation that goes on there?

      Information on the composition of a group which advised the administration on stem cell research in April of that year was a closely guarded secret.

      Again, who cares? He could listen to his mom, his brother, his daughter, or Jesus Christ. His policy proposal has to be made public before it's implemented. Why do you think you need to sit in on every conversation that helps the administration define a policy?

      Earlier that year, there were complaints that important parts of the Administration's trade policies were being kept secret.

      Like what parts? Please tell me how trade policy can be implemented and a secret at the same time? Implementation of trade policy is a very public thing. It can't be kept secret. Or are you again suggesting that we should have a right to sit in on every conversation that the administration has while it's coming up with its own coherent position on issues?

      There were countless smaller stories about how data on government decision was drying up.

      Perhaps you could offer more than two examples before jumping to the "countless" adjective?

      But this administration has always found the free flow of information to be intolerable.

      Hillary Clinton's health care task force operated in virtual secrecy, too, and they were messing with an idea to socialize something like 20% of the American economy. So, again, there's nothing particularly special about what's going on now. It's just that someone you don't like is the one keeping the secrets.

    2. Re:OK, class is in session. by hey! · · Score: 2, Interesting

      Hmmm, I seem to remember the biggest Bush administration story being about when our plane bumped into a Chinese plane and our men and woman were held hostage for a period of time. Maybe that was just "wag the dog" so we wouldn't notice all the secrecy stories, right? :)

      While that was a big story, it wasn't about the Bush adminsiration. It was a routine military and diplomatic mishap.

      Why should they be made public?

      Accountability. The administration itself put its finger on the reason in their excuse for why this should be a secret: people will be afraid give the same advice if it can be traced back to them. I agree, except that I also think the only reason to be ashamed of advice in a matter like this is that you don't want people to know you're advising your friends in government to do something that is more of a favor to you than anything else The norm in these matters was that who is at the meeting is a matter of record, as is the conclusions reached in the discussions. The forth and back, the hypothetical situations, in short all the details of the conversations weren't necessarily a matter of public record. This fully satisfisies all legitimate needs: the need of officials to have access to unfettered access to advice, the need of advisors to be able to do a little out of the box thinking without being held responsible for it; the need of the public to know that elected officials are working for them, or to challenge them if they think not.

      Again, who cares? He could listen to his mom, his brother, his daughter, or Jesus Christ. His policy proposal has to be made public before it's implemented. Why do you think you need to sit in on every conversation that helps the administration define a policy?

      Again because there is no legitimate reason to keep this secret. There's a difference between talkign to your friends and family and creating what amounts to a secret commision.

      Or are you again suggesting that we should have a right to sit in on every conversation that the administration has while it's coming up with its own coherent position on issues?

      No, I'm suggesting that we deserve to know the general trade aims (other than things like "prosperity"), and who the administration is talking to, not necessarily all the details of the conversation. We also need to know exactly which private parties have input into the policy so we know if any spoils are being divided.

      Perhaps you could offer more than two examples before jumping to the "countless" adjective?

      Well, you flunk on math at least. For more references I refer you to Altavista, which has a easier interface for this kind of research.

      Hillary Clinton's health care task force operated in virtual secrecy, too, and they were messing with an idea to socialize something like 20% of the American economy.

      Hardly. The process if anything was too open, and details of the partially completed plan were out so far in advance that the opponents could effectively ensure they were DOA while the proponents didn't have anything specific they could get behind. It is possible to build a complex process in private, while getting input from special interests in a transaprent way. It's when you mix these up that you get into trouble. When you let special interests write your policies, then the policy making and information gathering phases are collapsed, and you can't get input without making policy in public.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  67. Re:Is this really that significant??? by Anonymous Coward · · Score: 0

    limit and balance that power with term limits

    Term limits for the presidency weren't added until the 22nd amendment, ratified in 1951.

    The branches of government concept was a good one, at least until the republicans started threatening to remove judges that didn't uphold republican laws and the -1'st amendment making Bush and DeLay the ultimate arbiter of life and death, secretly ratified before the schiavo case.

  68. Some problems by mpn14tech · · Score: 1

    1. What if the invention you worked so hard on and try to patent was classified when someone else tried to patent it. You obviously could not do a patent search. Do you just lose all your time and money.
    2. What if you did not patent an invention that was previously patented and classified and start selling a product based on it. Again there is no way you could have known ahead of time the idea was patented.
    3. What if the invention you tried to patent gets classified only to discover later that another company outside the US independently discovers and patents your same idea and starts selling a product based on the same idea.

  69. So What by gone.fishing · · Score: 2, Insightful

    People: You can argue all you want if a government agency can obtain a patent or why one branch can over-rule another branch on a security issue. On the face of it your arguments have logic and many of them seem well-reasoned.

    But we are dealing with the government, the U.S. government. While we (the citizens of the U.S.) have many rights (like the freedom of speech) we no longer have control of our government. It will do what it damned well wants to. It has been that way since WWII with only a couple of notable exceptions. The truth is they will spend what they need to in order to accomplish what they want. Their lawyers will obstruficate enough laws and outspend anyone who tries to get in their way ten to one, making it impossible for even the wealthiest people or corporations to be little more then a speed-bump on the agenda.

    I'm not anti-government. We need government and we need the laws that protect us. But face it, what we have created is something that lives and operates behind closed doors and establishes its own rules. Nothing, or nobody is big enough to change it. That hardly means don't try. As citizens we need to demand accountability because it is we who they represent. The article was good from that standpoint. It uses our freedom to challenge the government to explain itself. Unfortunately, we already know the answer will be a stoney wall of silence.

    1. Re:So What by SoulRider · · Score: 1

      And the sad truth is we wont ever get back our government without it getting messy. Because even if we employ non-violent methods against them, they will retaliate with violence.

    2. Re:So What by gone.fishing · · Score: 1

      And again, that is nothing new, it has been going on for a long time too. That is how places like Selma Alabama, Watts (LA CA), and Kent State (Ohio) became so famous. It is how people like Martin Luther King Jr. and even Rodney King (to a much lesser degree) became famous.

      The fight for what is right must continue. It seems odd to be able to lump so many issues into one bag but civil rights, equality, anti-war, and freedom all hold a place in that bag. While as citizens we can't know all there is to know, we have to make our leaders accountable! We have the right to expect that they will do what is best for the citizens.

      Doesn't it just feel like we are on the cusp of something big happening? I can feel it in my bones. The 1960's seem like a long ways back, but they should serve as a lesson to our current regime. History forgotten is bound to repeat itself. We are not being lead by people who share the same values as us; they are apparently in it to exploit their position and help their cronies out. How long can we stand for this to happen?

  70. Anyone remember McCarthy?? by brain1 · · Score: 1

    I'm sure you 'old timers' out there remember him? He was so warm and fuzzy. A real "patriot". Looks like that type of crap is cranking up again.

    Oddly enough, there's now a movie about that period. Hmmm.

  71. Re:I wish we knew what they were trying to patent. by tacarat · · Score: 1

    Something tells me that the Pentagon is more concerned with foriegn governments getting a hold of the patents rather than terorists.

    Depending on the patent, I'd agree with that (not like we'll ever know). The idea of government sponsored industrial espionage is kind of interesting. I can see the NSA having lots of high-tech computer hardware stuff that'd any country would like their domestic industry or militaries to have. If nothing else, the Pentagon may just not want anybody to know some of the things we can do.

    Terrorists are not relevant to this discussion, since in most cases technology like timers or remote controls are beyond them.

    I wouldn't call Timothy McVeigh incapable of using technology like timers or remote controls, and I doubt many would argue he wasn't a terrorist. Assuming that terrorists are all ignorant specimans of humanity makes them more dangerous because it means you're not taking them seriously. There's absolutely no reason a person with a Doctorate level of education wouldn't become a terrorist. It's politics and extremism mixed up, not something that being able to program a VCR would preclude.

    --
    "Common sense will be the death of us all"
  72. patent it overseas first by Anonymous Coward · · Score: 0

    What commercial companies do is to first patent it in Great Britain (which covers the whole EU) and then here in the US - the gov can no longer suppress the patent, as it is published already.

  73. Executive Branch and Classification by Anonymous Coward · · Score: 0

    I think there's an underpining discussion that has to come about in order to fully understand the whole context. Simply, the label of "classification" is directly related to that aspect of national security which involves one of several areas as listed by Executive Order.

    In other words, you (collective) elected the man that makes the rules.

    Part and parcel with that is a misinterpretation that the man who makes the rules wants the strongest implementation of those rules. Not always the case, but it can often be taken to extremes - especially since folks who have clearances often times don't read the originating Executive Order that precipitated the whole thing. So you're left with the impression that "I have a clearance, this information might possibly be used, somewhere, somehow, someway, to cause harm to the US Government." It's an education issue.

    And, in case you're really got a penchant for reading exceptionally long government documents, here's a link to a semi-recent version of the Executive Order 12958, which has been superceeded but I can't recall the 13 thousandish EO that's the new one.

    http://www.whitehouse.gov/news/releases/2003/03/20 030325-11.html Executive Order 12958

    In the United States, democracy does work. So instead of bantering the chant about a huge government conspiracy, the next time you talk to a friend who works for the government (with or without clearance), say to them, "Do you understand the precepts behind your requirement for protecting information? Here, let me point you to this URL."

    -some schmo

  74. Re:I wish we knew what they were trying to patent. by dbIII · · Score: 1
    People with different definitions of the word "most" probably are not relevant to the discussion either - but that would be a personal attack like a suggestion that someone is making terrorists more dangerous but discounting the risk of them reading patent literature.

    Making a timer is trivial as is making any of a wide range of very toxic or explosive substances based on widely available literature. That potential terrorist with a doctorate really has a very low potential for terror becuause they would have a wider choice of options than some kid with nothing to lose told to blow himself up in a crowded area.

    I find it extremely bizzare that a discussion on patents has degenerated into yet another "can't do it - what about the terrorists" discussion. The first world war started with a terrorist action, we shouldn't try to stop the world moving and sit on our hands because stuff blew up in a different place to the usual and a portion of the worlds population has just noticed that these things are happening.

  75. The proof of the pudding, etc. by Kaseijin · · Score: 1
    I think you are misunderstanding, and probably your friends on /. and groklaw are misunderstanding the use of 35 USC 112,1st paragraph.
    I think you are misunderstanding the point of the grandparent's post. The merits of the patent process are in the results, not a selected paragraph from the patent code, and so it is precisely "as easy to get a patent as many people here on /. seem to think". The great-grandparent's mention of 35 USC 112 really doesn't address that in any way.
    You say there is no cost except for time to write and debug code. Yes let us ignore the fact said code still needs a computer or some piece of hardware to interpret said code, so during the design at least there is that cost as well.
    A few hundred dollars will buy a stupidly powerful personal computer; slower but generally adequate models can be had for far less. Over 60% of American households and the overwhelming majority of American businesses already have at least one PC for reasons other than software development. Labor is by far the largest marginal cost in the development process.
    I like to use the following argument: say you can implement process one as a solely hardware only device, with digital logic or other passive/non-passive electronic devices or you can implement the process on a microprocessor or computer using software and get the same effects, speed differences being negligible. So under the no software patents idea, I can patent the hardware implementation but not the software one. This is somewhat troublesome because if you invent the process and implement it both ways you deserve the right to own a patent on it. Copyrights do not provide enough protection, because as many of us know there are several ways to write code to perform the same process sometimes.
    There may be some patentworthy element in your implementation of the process, but the abstract process itself isn't it. Copyright, aside from details like term length and perversions like the DMCA, is an entirely appropriate level of control over a work of authorship.
    1. Re:The proof of the pudding, etc. by thebdj · · Score: 1

      If people here on slashdot and you included really think it is so easy to get a patent you obviously have never gone through patent litigation. The process is anything but easy.

      Step 1: Invent something (or don't and try anyway).
      Step 2: Write up a good specification and claims, this is best accomplished by a law firm.
      Step 3: Send application the USPTO along with the necessary fees.
      Step 4: Wait anywhere from 1 to 2 years (possibly more) for your patent to even be looked at by an examiner.
      Step 5: Receive a first office action that usually rejects your claims.
      Step 6: Respond to the arguments or amend your claims to get around the reference.
      Step 7a: Examiner accepts arguments and send another "non-final" action, go back to step 6.
      Step 7b: Examiner upholds rejection, or creates new ones for amended claims and sends "final rejection".
      Step 8: Send "After-Final" either arguing rejections again, or amending claims to be allowable, no other amendments allowed.
      Step 9a: Rejection is upheld, file a Request for Continued Examination (RCE) and start process again (this does cost money).
      Step 9b: Rejection is upheld, Give up and abandon the case.
      Step 9c: Rejection is upheld, File Notice of Appeal.
      Step 9d: Case made allowable, wait for Notice of Allowance.
      Step 10a: After filing RCE, go back to step 4.
      Step 10b: After Notice of Appeal, wait for Examiner's Answer to Appeal (there are several conferences that may occur before an Appeal is even filed.
      Step 10c: After Notice of Allowance, pay Allowance Fee to receive patent. (There are further fees down the road to maintain the patent.)
      Step 11: After Examiner's Answer, wait for Board of Patent Appeals and Interference (BPAI) to look over the case.
      Step 12a: BPAI upholds examiner's rejection, abandon the case.
      Step 12b: BPAI upholds examiner's rejection, file appeal with the Court of Appeals for the Federal Circuit (CAFC).
      Step 12c: BPAI reverses examiner's rejection, go back to step 5 or 8 or possibly 9d.
      Step 13: Argue case before the CAFC.
      Step 14a: CAFC finds in favor of the USPTO, file appeal with SCOTUS.
      Step 14b: CAFC finds in favor of the applicant, go back to step 5 or 8 or possibly 9d.
      Step 15: Argue case before SCOTUS (assuming they will hear the case).
      Step 16a: SCOTUS upholds CAFC and USPTO, you are dead in the water now.
      Step 16b: SCOTUS finds in your favor, go back to step 5 or 8 or possibly 9d.

      Wow, 16 steps and a few forks in there. Plenty of fees to pay with the office and even more in attorney's fees. I might have even forgot some steps. Trust me, IT IS a lot harder to get a patent the you or the people at groklaw realize. Are there problems in the patent process? Undeniably yes. I think the Director even admitted that some degree of reform is probably needed. I just don't want you to all think that the USPTO rubber stamps everything that comes through the door because that isn't the case.

      --
      "Some days you just can't get rid of a bomb."
  76. Re:I wish we knew what they were trying to patent. by tacarat · · Score: 1

    Yah, I got a bit side-tracked by the whole "stupid terrorist" thing. It's not like they're all suicide bombers. Anyhow, sorry. I agree with not trying to stop the world moving because of unexpected things. Pause, think it over, adapt and overcome. Or something like that :)

    --
    "Common sense will be the death of us all"
  77. Supreme Court may invalidate U.S. software patents by Anonymous Coward · · Score: 0

    It's a long shot, but the Supreme Court just accepted an appeal that could invalidate most U.S. software patents in a single stroke. This would happen if Justice Stevens, the only justice on the current Court to have heard a patent "subject matter" case, follows his previous opinion in Parker v. Flook (way back in 1978!)and convinces the other "patent virgins" justices on the court to follow his opinion.

    More information at http://unenumerated.blogspot.com/2005/10/supreme-c ourt-takes-patentable-subject.html

  78. Reading is fundamental by Kaseijin · · Score: 1

    ...and you're still not getting the point. I don't care how many hoops Microsoft had to jump through to get the 'IsNot' patent; the claimed invention is fundamentally unworthy.