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The Future of Tech And NSA Wiretaps

Tyler Too writes "Is there more to last week's story about President Bush authorizing wiretaps without court review? Ars Technica writes about what's going on behind the curtains with the National Security Agency's technology: 'When the truth comes out (if it ever does), this NSA wiretapping story will almost certainly be a story not just about the Constitutional concept of the separation of powers, but about high technology.'"

113 of 643 comments (clear)

  1. muddy issues by andy314159pi · · Score: 5, Insightful

    The problem for the average American isn't necesarily that liberties are being taken with regard to surveillance of fringe elements who might be prone to terrorism. The real problem is in defining what is a fringe element and who might be prone to become a terrorist. The recent news that groups like Greenpeace and PETA are being investigated leads me to believe that the authorities consider anyone with an opinion about anything as being involved in a fringe element. Strangely, the NSA, FBI and other institutions harbor people who think like this regardless of the current administration and political climate. It seems that we have to clarify to them what is acceptable every couple of decades or so.

    1. Re:muddy issues by wealthychef · · Score: 4, Insightful
      liberties are being taken

      Yes, literally!

      --
      Currently hooked on AMP
    2. Re:muddy issues by Boronx · · Score: 4, Insightful

      The real problem is yet another American president thinks he's above the law, as if the entire point of the revolution and the constitution and the millenia of history before that went over his head.

      Though sometimes I think a faux monarchical figure head would suit us well. No people should invest so much of their self worth in their elected officials as Americans do in their president. It shouldn't be as hard as it is to say "Bush, you fucked up. You're out. We're going to give some other horses ass a shot.".

    3. Re:muddy issues by ghstomahawks · · Score: 3, Interesting

      err ... I don't know about you, but "groups like Greenpeace and PETA" are in my mind "prone" to terrorism. Surely not every member, and probably not 99%, but I'd like to suggest that maybe their members' likelihood of participating in terrorist-type ativites would be higher than your average person's? Sure, they might have a point on some of their crusades, but PETA is sort of considered a joke (at least where I'm from). I'm not saying that it's necesarrily right what the NSA may have (or more like definitely) did, but there is some sort of logic there. PETA may be a great organization, but it does attract the sort of radical viewpoints that can lead to that sort of activity.

    4. Re:muddy issues by Philip+K+Dickhead · · Score: 5, Insightful
      Yeah! Let's watch Brazil, and get nice and cozy with our futures!
      In 1975, former Monty Python cast member and celebrated animator Terry Gilliam had a great idea for a movie. Along with playwright Tom Stoppard (Rosencrantz and Guildenstern are Dead), he'd write and direct a sweeping, epic masterpiece about a world gone wrong.

      The film would take place "somewhere in the twentieth century." It would feature an oppressive, totalitarian government which systematically stripped the public of its basic freedoms in favor of an ostensibly fraudulent and hopeless war on terrorism. The term "information retrieval" would be used implicitly throughout the film, a euphemistic nickname for the gruesome torture techniques applied to suspected terrorists as they're kidnapped, secured, and readied for interrogation.

      The mechanics and systems of this "fantastical" world would need to be absurd and contradictory, serving only to bury its chief directors under bureaucracy, red tape, and endless coils of administrative paperwork. Identification cards, DNA scans and security checkpoints would round out Gilliam's view of a monolithic, technologically-driven society, and patriotic propaganda posters telegraphing a mandatory us-or-them mentality would be broadcast regularly to all citizens amidst the false cheeriness of a consumer theme park culture.

      Spot-on, Mr. Gilliam!

      Some of you guys thought it'd be like Trek. Oh, well. That was a "gimme", so we'd embrace technology as a beneficial end in itself - not just another manifestation of human tool appropriation. Technology won't make a paradise by creating super-abundance. We HAVE super-abundance, where 2% Elite own and control 96% of the resources, wealth and secondary benefits of that abundance. The rest of us fight it out over notions of artificial scarcity. That's CONTROL, baby!

      Now, you get to live in the U.S., just like the old DDR! They payed engineers 2-3 times the "worker rate", and bought allegiance there, too! "I'm not worried about the totalitarian state. They pay for my Trabant! Why shouldn't I build eavesdropping equipment? At least we are safe from the evil forces of International Capitalism and the Jew-Bankers!"
      --
      "Speaking the Truth in times of universal deceit is a revolutionary act." -- George Orwell
    5. Re:muddy issues by timeOday · · Score: 4, Insightful

      Exactly! All the argument about whether these particular measures are good, misses the real point: given that our President feels he can supersede the law with secret Presidential orders, and that hiding the truth is good for us, do we have ANY IDEA what else our government is up to?

    6. Re:muddy issues by Castar · · Score: 2, Insightful

      No, the real problem, from my point of view, is that the President apparently considers himself above the law.

      Irrespective of whether the surveillance was justified, whether it's a good thing or not, or even whether he's spying on terrorists or political opponents, the President does not have the authority to disregard laws. One of the important founding principles of this country is that no one is above the law, even the President.

      It's especially bad in this case because the FISA requirements are so easy to meet. You can't argue that wiretaps would be delayed, because you're allowed to get approval after the fact. Plus the FISA court has mostly rubber-stamped requests as they come through, so there's very little reason to break the law in this regard.

      But break the law he did, and hopefully he will answer for it.

      --
      I yearn for you tragically. A. T. Tappman, Chaplain, U.S. Army.
    7. Re:muddy issues by tenchiken · · Score: 3, Informative

      The courts have been explicit on this point, most recently in In Re: Sealed Case, the 2002 opinion by the special panel of appellate judges established to hear FISA appeals. In its per curiam opinion, the court noted that in a previous FISA case (U.S. v. Truong), a federal "court, as did all the other courts to have decided the issue [our emphasis], held that the President did have inherent authority to conduct warrantless searches to obtain foreign intelligence information." And further that "we take for granted that the President does have that authority and, assuming that is so, FISA could not encroach on the President's constitutional power." http://www.opinionjournal.com/editorial/feature.ht ml?id=110007703

      Hmm. Judicial review disagrees with you. Unfortunitly their opinions matter.

    8. Re:muddy issues by vishbar · · Score: 3, Interesting

      No, the issue is that liberties are being taken with regard to surveillance.

      The National Security Agency is one of the United States' most powerful weapons, able to intercept nearly any communication. Therefore, it is ONLY for use against foreign targets. Even mentioning the name of a US Citizen that was intercepted from a foreign source is extremely tedious. By turning the NSA against the American people, the government has violated the trust of Americans in the agency.

      Situations like this could be potentially disastrous for the American people. Bush has, quite honestly, scared the shit out of me--I knew before that he would attempt to change the law in order to spy on americans (the Patriot Act), but this is a clearcut violation of the law.

      --
      Ride the skies
    9. Re:muddy issues by Philip+K+Dickhead · · Score: 2, Funny

      Yeah, like the English discovering New Guinea.

      --
      "Speaking the Truth in times of universal deceit is a revolutionary act." -- George Orwell
    10. Re:muddy issues by daigu · · Score: 2, Interesting

      Let's not forget those scary Quakers! If they bring out another threat like the one that follows, I cannot guarantee my bowel control...

      One example of identified "threats" is a group in Lake Worth, Florida that included five Quakers and a 79-year old grandmother who met at their local Quaker meeting house to discuss how to protest military recruiting at an area high school. Other examples of "threatening" events in the database included handing out literature in front of military recruiting stations and commemorating the second anniversary of the Iraq War.
    11. Re:muddy issues by Philip+K+Dickhead · · Score: 2

      Nice to assume that I favor Socialism opposed to Oligarchal Triumphalism. Good to see a happy "house niggah", fighting for his massah's right of ownership, you little tool.

      --
      "Speaking the Truth in times of universal deceit is a revolutionary act." -- George Orwell
    12. Re:muddy issues by timeOday · · Score: 5, Insightful
      Yes...it's good for them to keep some secrets from us. THEY'RE IN CHARGE! Parents keep secrets from children because that's better for them.
      Thanks for summarizing the administration's stance so succinctly. It's the polar opposite of the principles our nation was founded on.
      If you're not doing anything wrong, what do you care if somebody knows about it.
      The exact opposite of the 4th ammendment. But I agree that's a useful maxim when applied to officers of the government in their official responsibilities - after all, how can government officials carry out the will of the people when they won't even tell the people what they're doing?
    13. Re:muddy issues by iamwahoo2 · · Score: 3, Interesting

      Is you serious or is this just extremely subtle sarcasm? I hope sarcasm, because true Republicans do not support a secret govt branch that operates without check and spies on US citizens. That is why so many powerful republicans are speaking out against the executive branch's actions.

    14. Re:muddy issues by zippthorne · · Score: 2, Informative

      If you're not FOR socialism, and you're AGAINST capitalism, and instead of pointing out whatever third option you are for, you malign the poster as some kind of uncle tom, then you must be a seditious malcontent with no idea of what you really do want, except to complain. At least the socialists are wrong. You're not even wrong.

      --
      Can you be Even More Awesome?!
    15. Re:muddy issues by AoT · · Score: 2, Insightful

      I often see acusations about tree spiking hurting people, but I have yet to see any proof.

    16. Re:muddy issues by wass · · Score: 2, Insightful
      It's ironic, Bush and his supporters are claiming that they are the true patriots, making America safer by exercising these illegal spying operations. He claims to support civil liberties. hmm.

      One famous founding father patriot (Patrick Henry) claimed "Give me Liberty or give me death!".

      Another famous founding father patriot (Benjamin Franklin) claimed (and this is oft-quoted here on /.) "Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety."

      We've strayed quite far from the path of the true patriots of this land.

      --

      make world, not war

    17. Re:muddy issues by argStyopa · · Score: 2, Insightful

      Greenpeace and PETA.

      Hm.

      The latter publicly advocates terroristic acts (for them, apparently justifiable).
      The former, known to fund organizations like Earth First.

      So yes, they ARE terrorists or support them significantly. I'm cheering for the US Gov't black helicopters on this one, thanks.

      --
      -Styopa
    18. Re:muddy issues by Anonymous Coward · · Score: 2, Interesting
      If there is reason to need to monitor someone, i think that by all means they should.

      "If there is reason to need to monitor someone," then they should be able to get a bloody court order from a judge.

      The fact is I was astounded by the barefaced lies your president said on Monday.

      "I just want to assure the American people that, one, I've got the authority to do this; two, it is a necessary part of my job to protect you; and three, we're guarding your civil liberties," Bush said in a news conference Monday.

      One, he does not have the authority. Even in a declared war against a foreign power, the US President doesn't have that power and the US is not currently at war with any country. Yes, Congress did overlook that during the Second World War and you have had to apologize for the internment and mistreatment of Americans of Japanese descent. Not the best precedent to follow, is it? FISA specifically requires court orders for wiretaps and surveillance of American citizens and makes illegal the activities that have come to light but, unlike the lies that Cheney and Alito peddled to the contrary, doesn't prevent wiretaps from used on short notice by allowing post-facto court orders to be obtained retroactively up to 72 hours AFTER surveillance begins.

      Two, it is also a necessary part of the President's job - heck, his oath of office - to defend the constitution of the US and he is trampling it, first with the Patriot Act and second with this illegal spying. You don't protect people by invading their privacy. As for actually protecting Americans, 2150+ American soldiers are dead and thousands more are injured in an incompetently run war that was declared under false pretenses. Millions more than before now hate the US for its imperialist actions and either want to cause harm to its citizens or have become indifferent to such harm because they view the populace as supporting the US' imperialist activities. It's a "protection" racket all right.

      Three, they are trashing your civil liberties. Bush gave his blessing to a project that involves spying on Americans with no regulatory oversight. The fall of democracies begin with much smaller abuses than this.

      It's not just the Great Lie, it's three Great Lies in one!
    19. Re:muddy issues by Ohreally_factor · · Score: 2, Informative

      You're saying that criticism is not permitted if the critic cannot offer or espouse a competing solution or ideology? Bull.

      Furthermore, you're creating a false dichotomy: Socialism is wrong, therefore Capitalism is right. Or vice versa. Similarly, one who criticizes certain aspects of capitalism as practiced (concentration of wealth, for example), must be anti-Capitalism. This "All-or-Nothing" thinking is illogical and flawed.

      I'm curious as to whether you think the Open Source movement and methodology is "Communist", or if you prefer to ignore its social, economic, and political ramifications.

      --
      It's not offtopic, dumbass. It's orthogonal.
  2. About the tapping itself... by Quaoar · · Score: 4, Informative

    The Bush administration really screwed up this time, and I'm saying this from a completely non-partisan point of view. The FISA court exists specifically for quick wiretaps when the government believes there is an immediate threat, and they even have a 72 hour period where you can get the tap authorized by FISA after the tap is placed. As far as I'm aware, they never even brought some of these cases before FISA.

    The fact that they did this without even consulting the FISA court is completely illegal, and bypasses the checks and balances of our government. I don't think anything will happen to the prez, but this is really just disgusting.

    --
    I'll form my OWN solar system! With blackjack! And hookers!
    1. Re:About the tapping itself... by plover · · Score: 5, Insightful
      I don't think anything will happen to the prez,

      That's the problem. This particular action is worthy of the worst of the Soviet Union. It's as unamerican as you can get -- secretly taking away "oversight" when the oversight mechanism itself was already as secretive as possible, and every bit as accessible as oversight can be. 72 hours AFTER the monitoring isn't enough? There can be no reason for dodging the FISA court, no excuse. If the court wasn't fast enough, he could have extended the FISA approval process to two weeks, or a month. But to remove oversight for the sake of executive secrecy? Is he implying that the FISA judges are leaking secrets to Al Qaeda? Are the oversight boards populated by "terrarists?" I don't even think any of the likely FISA judges are anything but Republicans!

      I seriously believe this is treason. This action DEFINES treason. Not some weak "censure" or "impeachment." This is stand-before-a-judge-jury-and-firing-squad serious.

      --
      John
    2. Re:About the tapping itself... by TubeSteak · · Score: 2, Funny
      The fact that they did this without even consulting the FISA court is completely illegal, and bypasses the checks and balances of our government.
      Yes, and I find this as dispicable as you do

      BUT
      1. We don't have much information to base our decisions on
      2. This could end up hinging on the definition of the word 'wiretap' or 'is'
      3. Last but not least, The majority of (vocal) Republicans seem willing to take him at his word
      --
      [Fuck Beta]
      o0t!
    3. Re:About the tapping itself... by MillionthMonkey · · Score: 5, Insightful

      Did you RTFA or are you just here to dog Bush? The article mentions a variety of situation where taps might be needed and useful, but could not be used by FISA under the pre-emptetory clauses because it is not narrow enough.

      (Needed + Useful) != Legal

      On top of that, it clearly falls into line with the supreme court's standards for intellgence (must be linked to a foreign power) as well as historical executive orders issued by Clinton, Regean and Carter and even then can easily be read into the 9/11 bills.

      You cannot make up new laws and "read them into" real laws that have actually been passed. Democracy doesn't work that way.

    4. Re:About the tapping itself... by EllisDees · · Score: 4, Insightful

      When was this ever challenged in court?

      There is a law that specifically forbids spying on American citizens without a court order, in this case an exceptionally easy to get court order. The fact that they didn't do so tells me that they were doing more than conducting surveillence on suspected terrorists and have moved on to spying on political enemies.

      What other reason can you think of?

      --
      -- Give me ambiguity or give me something else!
    5. Re:About the tapping itself... by peculiarmethod · · Score: 4, Informative

      how's this for informed?

      "Now, by the way, any time you hear the United States government talking about wiretap, it requires-a wiretap requires a court order. Nothing has changed, by the way. When we're talking about chasing down terrorists, we're talking about getting a court order before we do so. It's important for our fellow citizens to understand, when you think Patriot Act, constitutional guarantees are in place when it comes to doing what is necessary to protect our homeland, because we value the Constitution."

      George W Bush
      April 20, 2004

      Here is his full statement from that day:

      http://usinfo.state.gov/is/Archive/2004/Apr/21-381 579.html

      --
      ** "It's not my job to stand between the people talking to me, and the ones listening to me." -- Pego the Jerk
    6. Re:About the tapping itself... by peculiarmethod · · Score: 2, Interesting

      something terribly wrong is going on when you feel you have to go around a court and judge system that hands out wiretaps like candy.

      --
      ** "It's not my job to stand between the people talking to me, and the ones listening to me." -- Pego the Jerk
    7. Re:About the tapping itself... by SeattleGameboy · · Score: 2, Insightful
      Did you know that Clinton, Reagan and Carter all excercised the exact same authority? Did you know that a federal court declared it legal in 2002? If not, why are you posting. If so, why are you posting?

      Idiot.

      The concern is NOT about whether or not the standard for suspicion is too low for this administration, the concern is that THEY BROKE THE LAW AND CONSTITUTION by authorizing ILLEGAL SEARCHES!!!

      Go and READ the Constitution, its the FOURTH AMENDMENT. No unreasonable search and seizure. Which is EXACTLY why we have warrants. The course ruled long time agon (and again and again) that govt should NOT be doing searches without warrants.

      Are you implying that Clinton and Carter authorized warrantless searches? PROVE IT!!! It has NOT occurred since Nixon. And this administration has clearly proven that its integrity lies in the same murky depths that Nixon did.

      This is a DIRECT assault on the Constitution. And you are willing to just let it piss away. You should leave your citizenship at the door.

    8. Re:About the tapping itself... by Anonymous Coward · · Score: 3, Insightful

      Implying a moral equivelence to the USSR simply betrays your political bias.

      Yeah, whoever said that was way out of line. Americans may fight tooth and nail for the right to torture people, strap electrodes to their balls and shove sticks up their asses, but the guy in a black suit here tells me to tell you that the official line is that the CIA planes flying in Europe do not, in fact, travel to Siberia (which is incidentally in Asia), and they disavow any knowlege of anyone named Sergy.

      Did you know that Clinton, Reagan and Carter all excercised the exact same authority?

      Ah, yes, the "the guy before me did it first" excuse. Why don't we just start demanding that all our presidents be accused rapists, to preserve that fine tradition that Clinton started? THIS is why our country is going to hell in a handbasket. It's not because we took "Christ" out of "Christmas" or whatever bullshit the televangelists would have you believe, it's because we've started aiming low, and hold our leaders to bullshit standards. For once, I'd like to see someone elected who was better than the people who came before.

      As for being found legal in 2002, is this what you were talking about? A secret court assembled specifically for the purpose of taking care of these secret wiretaps found them legal as the very first ruling they issued? Shock! Next thing you know, the Republicans will publically apologize for threatening appeals court judges who refused to side with them on Schiavo's case. Because obviously these judges are never wrong.

    9. Re:About the tapping itself... by ToasterofDOOM · · Score: 4, Insightful

      This particular action is worthy of the worst of the Soviet Union.
      I'm not endorsing this in any way at all, in fact I'm ashamed that he did this, but you are saying that this is worse than murdering 15 million of your own people and depriving them of property and liberty as well? I understand this is a bad thing, but acting in this polarized manner is exactly why today's political climate is as vicious and childish as it is.

      --
      I am Spartacus
    10. Re:About the tapping itself... by timeOday · · Score: 4, Interesting
      I wish you hadn't been modded troll, because I don't think you're trolling. But when you say RTFA which article should I read? It would help if you included links and relevant quotes.

      So far I have listened carefully for any rational justification from the Bush administration, and the ONLY thing I've heard is vague assurances that "I've got the authority to do this; it is a necessary part of my job to protect you; and we're guarding your civil liberties." And some bogeyman story from Cheney that the measures "saved thousands of lives." I'm sorry if you take this as partisan, but this administration doesn't have the credibility to make unsubstantiated claims like that any more.

      What I'm eagerly awaiting is some rational explanation of why the President thought he had the legal right to do this. If he can present a plausible argument, the next step would be to pass a new law to convince him otherwise. But if he clings to the vague notion that wartime places him above the law, what is to be done?

    11. Re:About the tapping itself... by sakshale · · Score: 4, Insightful
      To quote a comment to that article;

      The U.S. Constitution, Fourth Amendment (1791): "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

      I couldn't find the phrase "except if you don't want to" anywhere.
      --
      For every problem there is a solution that is simple, obvious and wrong.
    12. Re:About the tapping itself... by jav1231 · · Score: 2, Insightful

      Actually, no. He didn't "go around" the court because the powers had already be granted. We can debate whether he should have but I'm confident that whatever he did was under legal council. Look, Republican or Democrat no President would wilfully risk becoming the next Nixon. If there is an argument here, it isn't "howe could this President do this" but rather, "where is the legal precident that he was advised he was working under."

    13. Re:About the tapping itself... by SeattleGameboy · · Score: 3, Insightful
      So the lying continues...

      Let's take a look at that Executive Order, shall we?

      1-101. Pursuant to Section 102(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General is authorized to approve electronic surveillance to acquire foreign intelligence information without a court order, but only if the Attorney General makes the certifications required by that Section.

      Oh, so this Executive Order is not going AGAINST FISA, it is actually stating that since FISA gave President this right, we are going to excersize it.

      And what power did FISA grant?

      From FISA codes...

      a) "Foreign power" means-- (1) a foreign government or any component thereof, whether or not recognized by the United States;...

      (b) "Agent of a foreign power" means-- (1) any person other than a United States person,...

      Oh just look at that... it SPECIFICALLY EXCLUDES US CITIZENS!!!

      It does not stop there

      "Electronic surveillance" means-- (1) the acquisition by an electronic, mechanical, or other surveillance device of the contents of any wire or radio communication sent by or intended to be received by a particular, known United States person who is in the United States, if the contents are acquired by intentionally targeting that United States person, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes;

      Oh, how about that! It REQUIRES warrant to search citizens.

      So Carter was saying to his administration that they should execute FISA codes and FISA code specifically forbids spying on US citizens. HMMMM... WHAT THE FUCK ARE YOU ARGUING ABOUT???

      Stop just repeating what Bush operatives and Fox News is spouting. Think for yourself every now and then.

      Pathetic.

    14. Re:About the tapping itself... by ceswiedler · · Score: 4, Insightful

      Read the article...the reason (I'm beginning to believe) they didn't get authorization under FISA was because they couldn't. The wiretapping in question was done using broad analysis of a random sampling of phone calls. How can they go to a FISA judge with that?

      They aren't stupid. They could easily have gone to the judges within 72 hours if this were normal wiretapping. It's not.

    15. Re:About the tapping itself... by Linux_ho · · Score: 2, Informative

      Well, Mr. Legal Eagle, if you look at the section that talks specifically about warrantless surveillance, it specifically says that a warrant is required for US persons, foreign agent or not. See section 1802(a)(1)(B):
      (a)
      (1) Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for periods of up to one year if the Attorney General certifies in writing under oath that--
      (A) the electronic surveillance is solely directed at--
      (i) the acquisition of the contents of communications transmitted by means of communications used exclusively between or among foreign powers, as defined in section 1801 (a)(1), (2), or (3) of this title; or
      (ii) the acquisition of technical intelligence, other than the spoken communications of individuals, from property or premises under the open and exclusive control of a foreign power, as defined in section 1801 (a)(1), (2), or (3) of this title;
      (B) there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party

      --
      include $sig;
      1;
    16. Re:About the tapping itself... by wass · · Score: 2, Interesting
      The wiretapping in question was done using broad analysis of a random sampling of phone calls.

      Except Bush claimed they only used this to spy on 500 people w/ what he claims were al queda ties. If that were so, they could easily have gotten 500 approvals under FISA.

      So if what you're claiming is the reason, then it's an indirect admission from Bush that they were spying on far more than 500 people.

      --

      make world, not war

    17. Re:About the tapping itself... by Azreal · · Score: 2, Informative

      In 1978 there was this little law passed called Foreign Intelligence Surveillance Act. Basically, it provides the means for the federal government to issue domestic surveillance. The catch is you need a warrant approved by the court. You might argue, as the Dubya seems to have, that expediency doesn't allow the time it takes to get such a warrant. Ahh, but they already thought of this and put in a clause where they can do the wiretap and get the court order something like up to 3 days later. Fact is, a warrant requires a certain amount of probable cause to be issued, before or after the fact, and if some of the news stories are true, some of these wiretaps might not have even met the minimum requirements for a warrant.
      It's the law stoopid and unlike Steven Seagal, the president is not above the law. If a strict interpretation of these laws are followed, this could be an impeachable offence, hence Dubya has been rolling out the P.R. machine the past few days.

      --
      $sys$droids
    18. Re:About the tapping itself... by macsimcon · · Score: 2, Interesting

      Actually, parts of the Constitution do pertain to non-citizens: some people are protected by clauses containing "no person" and other clauses contain "no citizen."

      So, why didn't the framers use "no citizen" exclusively? This document was crafted over many weeks, so I think it unlikely that they just missed the inconsistency. No, they intended some rights to apply to citizens, and others to everyone.

      Look at the fifth amendment: "..nor shall any person be subject.." Not any citizen, but any person.

    19. Re:About the tapping itself... by 0-9a-f · · Score: 2, Insightful
      ... he clings to the vague notion that wartime places him above the law ...

      Isn't this exactly right? As a war-time Commander-in-Chief, the President has the duty to do everything possible to protect US citizens from the enemy. Of course, a few key definitions have been re-defined by this Administration in recent years:

      • The Enemy - "If you're not with us, you're with the Terrorists."
      • Terrorist - "Anyone who threatens the American Way Of Life (TM)." Apparently this has nothing to do with Constitutional definitions.
      • War - "It's an enemy unlike any we've faced before..." but somehow the traditional rules of war apply to Presidential powers.

      As many others have noted, once you start looking for enemies based on what they say or how they act, you'll see enemies everywhere. At least with a traditional enemy you can keep an eye on people because they look different or live in another country. When a terrorist could have been living peacefully in your own backyard for the last 10 years, well... anyone who thinks "outside the square" could be a threat to the American Way Of Life (TM), and the only way to be certain is to keep a really close eye on everyone. This rapidly enters the realm of paranoia (or, indeed, Paranoia). Just ask any Communist who survived McCarthyism.

      (Counting down the seconds for a knock on the door...)

      --
      With each breath in, a flower somewhere opens; with each breath out, a flower withers away. In between lies beauty.
  3. Nothing new here... move along. by tenchiken · · Score: 5, Informative
    To try and keep this article from devolving similar to the last one, here are a couple of notes:

    This really isn't anything new. In fact Carter used the Exact same Authority that Bush is using now. That executive order became Executive Order 12333 under Reagan in 1981. Gorelick also stated that Clinton used the same authority. From a CATO Report:
    The Clinton administration claims that it can bypass the warrant clause for "national security" purposes. In July 1994 Deputy Attorney General Jamie S. Gorelick told the House Select Committee on Intelligence that the president "has inherent authority to conduct warrantless searches for foreign intelligence purposes." [51] According to Gorelick, the president (or his attorney general) need only satisfy himself that an American is working in conjunction with a foreign power before a search can take place. . . .

    FISA itself has ruled that:
    The courts have been explicit on this point, most recently in In Re: Sealed Case, the 2002 opinion by the special panel of appellate judges established to hear FISA appeals. In its per curiam opinion, the court noted that in a previous FISA case (U.S. v. Truong), a federal "court, as did all the other courts to have decided the issue [our emphasis], held that the President did have inherent authority to conduct warrantless searches to obtain foreign intelligence information." And further that "we take for granted that the President does have that authority and, assuming that is so, FISA could not encroach on the President's constitutional power." http://www.opinionjournal.com/editorial/feature.ht ml?id=110007703

    Bush also pointed out that the 9/11 resolution gave him additional authority. Here is the verbage:
    "use all necessary force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations, or persons [...] "

    1. Re:Nothing new here... move along. by gentleolas · · Score: 2

      Truly then, we must await the criminal intent and use of such immense power for personal greed.... Hmm, I imagine this evidence is forthcoming as we all more effectively keep our eyes on the money. Who financially profits from terror and death? Globalist elite megalomanics? America takes seriously our role of thug in the global protection racket; Bush benefits, we all benefit. No worries here..., head down, work hard, and we shall be free.

    2. Re:Nothing new here... move along. by Sebastopol · · Score: 5, Interesting

      Except that Bush lied about it to the American public. From the whitehouse website via salon.com:

      [["Now, by the way," he said, "any time you hear the United States government talking about wiretap, it requires -- a wiretap requires a court order. Nothing has changed, by the way. When we're talking about chasing down terrorists, we're talking about getting a court order before we do so. It's important for our fellow citizens to understand, when you think 'Patriot Act,' constitutional guarantees are in place when it comes to doing what is necessary to protect our homeland, because we value the Constitution."

      That certainly seems to be different from what Bush is saying now -- that over the past three years, he has authorized and repeatedly reauthorized the "interception" of communications without warrants.]]

      --
      https://www.accountkiller.com/removal-requested
    3. Re:Nothing new here... move along. by Anonymous Coward · · Score: 2, Insightful

      "This really isn't anything new. In fact Carter used the Exact same Authority that Bush is using now. That executive order became Executive Order 12333 under Reagan in 1981. Gorelick also stated that Clinton used the same authority."

      This is a common argument from power-abuse apologists. "It happened before, so it's ok now." "It was done by our opposing party, so it's ok for us to do it."

      Millions of people have been massacred by governments historically. Governments committing massacres of civilians is nothing new. Do you believe, therefore, that it should be allowed to continue?

      That is the flaw in your logic -- if one can be so generous as to call it logic.

    4. Re:Nothing new here... move along. by temojen · · Score: 2, Informative
      "Now, by the way," he said, "any time you hear the United States government talking about wiretap,

      Well, that's when you don't count the top secret warrantless taps, which they weren't talking about because they're top secret

    5. Re:Nothing new here... move along. by DavidTC · · Score: 2, Insightful
      You are a complete fucking liar.

      The president does have authority to obtain foreign intelligence information. You see the important word there?

      No court has ever held that anyone has the authority to warrantless searches on Americans. NOot executive, not legistlative. Period, full stop, no exceptions at all. This includes conversations that are only halfway including Americans.

      I.e., if Osama called me up today, it would be illegal to listen to the conversation without a warrant.

      This is why FISA was created. It allowed people to spy now in the case of emergencies, and get a warrant retroactively. If they can't get the warrant, they have to throw the info away.

      And, Mr. Complete Dumbass, the permission to invade Afghanistan authorized the use of military force. And Congress can't authorize the President to violate the constitution no matter what, so all you're actually arguing there is that his constitutional violation is not a felony.

      Which doesn't fly anyway. To revoke a law, you have to explicitly override it. If you don't, the more specific law applies. The President can't go and commit tax fraud to fund the War on Terror, and he can't violate FISA. When a law says 'you can do X', it means 'you can do X in a manner consistent with all other laws', unless it explicictly says you can disgard other laws.

      This is a rather obvious principle of the law. Otherwise, the fact I am authorized to stop the credit bureau from selling my info would me I am authorized to bomb them to get them to stop. Or the fact I have a driver's license would allow me to drive through private property and buildings, and run over whoever I want. After all the government said I could drive, and this obviously overrides all other laws.

      FISA, OTOH, does explicitly say it overrides all other laws WRT to wiretapping. And there is no constitutional principle that lets the executive branch spy on citizens without warrants. (Or even any non-citizens in the US legally.)

      --
      If corporations are people, aren't stockholders guilty of slavery?
    6. Re:Nothing new here... move along. by cbh · · Score: 2, Informative
      Right, nothing to see here except the usual pro-Chimp smokescreen. Clinton didn't violate FISA:

      from http://thinkprogress.org/2005/12/20/the-echelon-my th


      The Echelon Myth

      Prominent right-wing bloggers - including Michelle Malkin, the Corner, Wizbang and Free Republic -- are pushing the argument that President Bush's warrantless domestic spying program isn't news because the Clinton administration did the same thing.

      The right-wing outlet NewsMax sums up the basic argument:

              During the 1990's under President Clinton, the National Security Agency monitored millions of private phone calls placed by U.S. citizens and citizens of other countries under a super secret program code-named Echelon...all of it done without a court order, let alone a catalyst like the 9/11 attacks.

      That's flatly false. The Clinton administration program, code-named Echelon, complied with FISA. Before any conversations of U.S. persons were targeted, a FISA warrant was obtained. CIA director George Tenet testified to this before Congress on 4/12/00:

              I'm here today to discuss specific issues about and allegations regarding Signals Intelligence activities and the so-called Echelon Program of the National Security Agency...

              There is a rigorous regime of checks and balances which we, the Central Intelligence Agency, the National Security Agency and the FBI scrupulously adhere to whenever conversations of U.S. persons are involved, whether directly or indirectly. We do not collect against U.S. persons unless they are agents of a foreign power as that term is defined in the law. We do not target their conversations for collection in the United States unless a FISA warrant has been obtained from the FISA court by the Justice Department.


      Meanwhile, the position of the Bush administration is that they can bypass the FISA court and every other court, even when they are monitoring the communications of U.S. persons. It is the difference between following the law and breaking it.
  4. Re:Kein Problem by sbyrnes00 · · Score: 5, Insightful

    What's the real difference between spying and restriction? Spying is, of course, a necessary prerequisite for restriction as the government needs to know what you're up to in order to prevent you from doing it. So what the president ordered wiretaps? If the president ordered wiretaps in violation of his Constitutional duties then he violated his oath. If you allow one president to violate the Constitution for "security", then you are saying the President is above the law. That, unfortunately, is a prerequisite for dictatorship.

    --
    http://www.flurry.com
    E-mail and news on y
  5. How about a PGP phone? by cryfreedomlove · · Score: 2, Interesting

    How about this plan:

    We begin the call in the clear. We tell each other our public encryption key.

    Go silent and key in the other parties public key.

    Begin speaking again and the voices are encrypted using the public keys.

    On the receiving end, the encrypted packets are decrypted using the private keys.

    There we have a phone call that's impossible to tap.

    1. Re:How about a PGP phone? by David+McBride · · Score: 4, Informative

      All the NSA (or some other attacker) need to do is sit between you and the person you're trying to call. You exchange keys with the NSA, the NSA exchanges keys with the other person, and everything else they can pretty much just relay verbatim -- listening in the whole time.

      The only slightly tricky part of this is that the NSA have to convincingly imitate the other person when you're exchanging keys.

      Classic Man-in-the-middle attack; see also http://en.wikipedia.org/wiki/Man_in_the_middle

    2. Re:How about a PGP phone? by zoloto · · Score: 2, Informative

      The mods here don't know anything about pki to have modded this up so high. The NSA would also have to have each senders private keys to decrypt the messages. This is extremely difficult if proper security is used with each users private keys.

      http://en.wikipedia.org/wiki/PKI
      http://en.wikipedia.org/wiki/PGP
      http://en.wikipedia.org/wiki/GPG

    3. Re:How about a PGP phone? by Incongruity · · Score: 3, Insightful
      The mods here don't know anything about pki to have modded this up so high. The NSA would also have to have each senders private keys to decrypt the messages. This is extremely difficult if proper security is used with each users private keys.

      Except, it's right on:

      Let's use a conversation between Andrew and Charles, aka A and C... Now, assume I'm some ill-willed person named Bob, aka B that wants to play a man in the middle attack on A and C. If I can convince A that I'm C and C that I'm A initially, before they exchange public keys as the OP stated, I'm home free. Why? It should be clear... I give my public key to both A and C and they both give me their public keys. I can, therefore, receive messages from both (and decrypt them using my private key) and send messages to both A and C, using their public keys. So, A sends me a message encoded with my public key, I decrypt it, store the contents and then re-encrypt it with C's public key and send it along to C, etc. A B C but both A and C think they're talking directly to each other.

      Prior exchange, out of band, of the public keys would make the man in the middle attack harder to do.

  6. When the truth comes out by winkydink · · Score: 3, Insightful

    When the truth comes out (if it ever does)

    You'll be pushing 70, at a minimum, and the technology will seem quaint, though cool from a historical perspective.

    --

    "I'd rather be a lightning rod than a seismometer." -Ken Kesey

  7. Re:Kein Problem by peculiarmethod · · Score: 4, Interesting

    "Now, by the way, any time you hear the United States government talking about wiretap, it requires-a wiretap requires a court order. Nothing has changed, by the way. When we're talking about chasing down terrorists, we're talking about getting a court order before we do so. It's important for our fellow citizens to understand, when you think Patriot Act, constitutional guarantees are in place when it comes to doing what is necessary to protect our homeland, because we value the Constitution."

    George W Bush
    April 20, 2004

    Here is his full statement from that day:

    http://usinfo.state.gov/is/Archive/2004/Apr/21-381 579.html

    --
    ** "It's not my job to stand between the people talking to me, and the ones listening to me." -- Pego the Jerk
  8. Soft Triggers... by tenchiken · · Score: 3, Interesting

    The article talks about "Soft Triggers" which are interesting. A lot of focus has gone on keywords, but there are far more efficent technologies out there for building predective models. Why do you want a predective model? Simply put with Petabytes of data out there from intercepted transmissions you have to predict based on the content of a message if a message in innocent or threat. Replace the words "threat" with "spam" and all of a sudden technologies like Bayes and other data mining techniques are interesting.

    If you don't think this is valuable, go read a book on Enigma and find out how much exactly reading your opponents mail helps.

    However technologies such as this are not covered by FISA. I think it would have been better to revise FISA to cover technologies such as this, but non-withstanding that, it's really nothing new in terms of excercise of power then anything Clinton or even Carter did.

  9. Isn't the question though... by tkrotchko · · Score: 4, Insightful

    If the article in question is to believed, and they are scanning 1% of all US calls, they probably aren't distinguishing between foreign and citizen conversations. They're simply eavedropping on everybody and then trying to figure out what's going on.

    Ignoring civil liberties is almost never warranted, and every time we do it, it turns out that not only do we regret it, but most important *it was never necessary to do in the first case*.

    Didn't we learn anything from the internment of Japanese citzens during WWII?

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
    1. Re:Isn't the question though... by tenchiken · · Score: 2, Interesting


      If the article in question is to believed, and they are scanning 1% of all US calls, they probably aren't distinguishing between foreign and citizen conversations. They're simply eavedropping on everybody and then trying to figure out what's going on.

      No, the original article stated that this could cover "hundreds or maybe thousands" of people. 1% of all US calls is completly bogus. Even the NYT makes the provisos that this covers international calls that originate or terminate in the US. Hardly 1%.

      Ignoring civil liberties is almost never warranted, and every time we do it, it turns out that not only do we regret it, but most important *it was never necessary to do in the first case*.

      Nice plattitude by the reverse has been shown throughout US history. During times of crisis typically civil liberties have been slightly restricted (more so in the Civil War and World War I, less so in World War II). As time has gone by, the tripod of American politics has safely re-established protections. That's what is going on here.

      Didn't we learn anything from the internment of Japanese citzens during WWII?

      I think we need a follup on Goodwin's Law... Talking about the Japanese citizens when it has nothing to do with the question at hand means automatic mass-deletion of the post.

    2. Re:Isn't the question though... by Tackhead · · Score: 2, Funny
      > If the article in question is to believed, and they are scanning 1% of all US calls, they probably aren't distinguishing between foreign and citizen conversations. They're simply eavedropping on everybody and then trying to figure out what's going on.

      "NSA is now funding research not only in cryptography, but in all areas of advanced mathematics. If you'd like a circular describing these new research opportunities, just pick up your phone, call your mother, and ask for one!"

  10. Re:Make Your Choice by jumpingfred · · Score: 3, Insightful

    The way things are going you probably won't get either.

  11. The technology behind it all by wilstrup · · Score: 3, Informative

    We've read a lot about the network wiretapping technologies in use by the intelligence agencies, Carnivore, and similar At least one of the technology providers allows us to take a closer look at the actual technologies used. Unispeed openly claims to provide solutions to police and intelligence agencies. They'll even let you try the stuff for yourself

  12. Wartime?? by Freaky+Spook · · Score: 2, Insightful

    I understand the nessecity for wiretaps & high levels of secrecy to avoid intelligence falling into the wrong hands,
    but we keep hearing we are at war with terrorists, no body is safe.

    I know there is a large imminent terrorist threat, but is this a war or more just a large unkown fear placed by the administration onto the population. So many people are fearful of nothing, they don't understand whats going on or why it needs to be done & the more it all goes on people are getting more and more frustrated because of all the paranoia regarding this supposed war.

    At some point in war there is meant to be communication between to sides, some sort of resolve, this is not happening, it is just a bunch of fundamentalists trying to stir the pot while the Government keeps declaring its a war on humanity.

    These wiretaps are more confusion to add to everything else thats going on around us, nobody know's anymore who's right or who's wrong, all we see is a President on TV bascially doing announcing he needs america to help him fight a war on Terror and thats all the details the american people are going to get.

  13. Re:Make Your Choice by FatMacDaddy · · Score: 2, Interesting

    I guess I'll side with ol' Bennie Franklin, who said something like "Anyone who sacrifices freedom for security deserves neither."

    --
    This space intentionally left blank.
  14. Impeachment proceedings forthcoming? by jlowery · · Score: 4, Interesting

    If the Dems manage to gain back a majority in the house next election, I would think they would be obliged to begin impeachment proceedings against Bush. It would have a lot more validity than the impeachment of Clinton, and they would look like wimps if they didn't.

    --
    If you post it, they will read.
  15. Make Yours by TubeSteak · · Score: 2, Insightful
    I'm going to quote an old post from the "DMCA Abuse Widespread" article:
     
    Whenever a controversial law is proposed, and its supporters, when confronted with an egregious abuse it would permit, use a phrase along the lines of 'Perhaps in theory, but the law would never be applied in that way' - they're lying . They intend to use the law that way as early and as often as possible.
    To directly respond to you, lemme put it like this:

    If we lose liberties present in the Constitution, the Amendments and The Bill of Rights, have the terrorists won?

    Maybe you or someone else can specify some criteria for the terrorists 'winning' over our (former) way of life. If we don't spy on everyone, have the terrorists won?
    --
    [Fuck Beta]
    o0t!
    1. Re:Make Yours by brpr · · Score: 2, Insightful

      That's right, any abuse of government power, however outrageous, can be justified on the grounds that it might (or might not) make it ever so slightly less likely that you'll die in a terrorist attack. You should be far more worried about dying in a car crash than dying in a terrorist attack.

      --
      Freedom is not increased by mere diminuation of government. Anarchy is freedom for the strong and slavery for the weak.
  16. Terrorist activity by rewt66 · · Score: 5, Insightful

    Look. The word "terrorist" has a rather specific meaning. Raiding a mink farm and freeing the mink doesn't qualify as terrorism. Sabotage, economic warfare, street theater, whatever, but it isn't terrorism.

    Even if they killed the mink farmer, that's just murder. (My point is not to minimize how horrible murder is!) But it's not terrorism.

    The real problem is that "terrorism" is getting stretched to mean "anything law enforcement wants to have an easier time checking into". This trivialization of the word "terrorism" means that pretty soon, we're going to need a new word for the real thing...

    1. Re:Terrorist activity by ghstomahawks · · Score: 3, Informative

      Dictionary.com defines terrorism as- "The unlawful use or threatened use of force or violence by a person or an organized group against people or property with the intention of intimidating or coercing societies or governments, often for ideological or political reasons." The sort of people who drive metal stakes into trees so that any chainsaw (and more than likely person) who tries to cut down the tree get destroyed are terrorists. They are using that violence to try and influence change. Be it in the society or government, they try to influence the political workings of wherever they are. Setting it up so somebody gets viciously hurt is an attempt at intimidation. Face it, the term "eco-terrorism" has been around forever (or for quite a while, you know what I mean)

    2. Re:Terrorist activity by theCat · · Score: 4, Insightful

      Nicely put. There is an exchange between Alice and HumptyDumpty that gets at this exactly:

      Humpty Dumpty: When I use a word, it means just what I choose it to mean - neither more nor less.
      Alice: The question is, whether you can make words mean so many different things.
      Humpty Dumpty: The question is: which is to be master - that's all.

      --
      =^..^= all your rodent are belong to us
    3. Re:Terrorist activity by budgenator · · Score: 3, Interesting

      The other mink ranchers might disagree especialy after the third or fourth murder; let's not leave out the Dermatologist that get's murdered because he has the same last name as an OB/Gyn that does an ocasional abortion. Plenty to go arround for both the right and left here.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
  17. Busting Public Ass by ryg0r · · Score: 2, Funny
    Does this mean they can take down Goatse/Tubgirl/Lemon Party now?

    *crickets*

    No?

    I got nuthin...

    --
    Karma whoring .sigs don't work
  18. USA! USA! USA! by bobocopy · · Score: 3, Interesting

    A reality of abolutes and black-and-white would be convenient for ethicists, philosophers and just about anyone else who wants to know the difference between right and wrong. You must know that it doesn't work that way. Invoking terrorism as an excuse for abusing civil liberties? Please. We may as well invoke the bogey-man as a reason to pay taxes or Santa Claus as a reason to be a moral person. Let's all put our shirts back on, set the can of Old Milwaukee down and take a deep breath. Civil liberties are at the core of a strong democracy, and as they are eroded, so will be a democracy's strength.

    --
    Life is full of misery, loneliness, and suffering - and it's all over much too soon. --Woody Allen
  19. Office of Censorship by Derling+Whirvish · · Score: 2, Interesting
    Didn't we learn anything from the internment of Japanese citzens during WWII?

    A better question might be: "Did we learn anything from the use of the 'Office of Censorship' which opened and read every international letter, postcard, package, telegram, or telephone call sent or received by US citizens from 1941-1945?" The answer to that would be a "Yes, it worked." Spies and sabateurs were caught. It was effective. And the program was terminateed when no longer needed in 1945.

    1. Re:Office of Censorship by deathy_epl+ccs · · Score: 3, Insightful

      And the program was terminateed when no longer needed in 1945.

      So, as soon as we've defeated all the terrorists, we get back our civil rights? How long will that take?

    2. Re:Office of Censorship by mabhatter654 · · Score: 2, Insightful

      not to bring up a small point, but the US is NOT in a state of declared war with anybody right now. We are not "at war" with the country of Iraq.. we are engaging in a "policing action" against it's leader, and sticking around to make sure there is peace for the Iraqies. The Congress of the United States did not declare war... only they can do that. They allowed the president to use the military, but that's a different set of powers. Besides, like another reply says, the war on "terrorism" will never be won.. there will always be somebody new to "theaten us"

    3. Re:Office of Censorship by Rob+Riggs · · Score: 2, Funny
      So, as soon as we've defeated all the terrorists, we get back our civil rights? How long will that take?

      We'll let you know when we've finished with the war on drugs.

      Just sit tight. This shouldn't take too long.

      --
      the growth in cynicism and rebellion has not been without cause
  20. Anybody have a cache or text of referenced article by MonkeyBoyo · · Score: 2, Informative

    arstechnica.com cannot be found right now.

    and the article is not in the google cache.

  21. Factual error by Linux_ho · · Score: 3, Interesting

    The difference that you missed between what the Bush Administration has done and what past presidents have done is this: FISA only allows warrantless surveillance of NON-US-PERSONS. Warrants are still legally required under FISA and the Patriot act for surveilling US Citizens. Which is why the FISA court was set up - so they could get a warrant in minutes if necessary, or even within 24 hours AFTER the surveillance had begun. So what's their excuse? Judicial oversight just too much hassle, with that minutes-long waiting period?

    --
    include $sig;
    1;
    1. Re:Factual error by tenchiken · · Score: 2, Insightful

      Ahhh. Another one who has not read the article. One, according to FISA themselves, if the person on the other line is suspected to be linked to a foreign power, Bush's consitutional authority trumps FISA. It's linked in 4 other comments here, you can find it.

      Also, if you read the article, the problem is about building a better model to catch people who want to do harm. Only in slashdot's collective perverted imagination does that include them (unless a few Al Qaeda decide to hit this article to find out if there are some technical details on how they do this... which by the way, does happen). To do that you need to have soft triggers. Softer triggers means more data. More data means that a warrent for monitoring is very impracticle.

      I appreciate people's emotional response to this, but for once get past you Bush boogyman nightmares and realize that there is a very good reason that Bush, Clinton, Carter and Regean all used this authority.

  22. Re:Make Your Choice by McGiraf · · Score: 2, Interesting

    Do not fear, I live far from you, I live in a training camp in Pakinstan.

    Seriously:

    Hate does not spring from nothing.

    I do not say will should be nice to terrorists, they are criminals. We should be nice to people then there would be no terrorist and no popular support for them.

    I, for one, do not wish to live under a highly corrupt, two hundred an sixteen year old country that wants to rule the world.

  23. Re:USA! USA! USA! by kerrle · · Score: 2, Insightful

    You have no democracy at all. That equally describes the society where there's no expectation of privacy, and every citizen knows they may be under government surveillance.

  24. Even worse ... by willtsmith · · Score: 4, Insightful


    If you believe the Bush administrations definition of fast food as "manufacturing" jobs, you can start speculating what "international" and "terrorist" means.

    For instance if you place a domestic long-distance phone call, it could go over a satellite link. Well, orbit is international territory. Therefore using Bush administration verbal gymnastics, this would be an international call. And what about cell phones??? Well, all those signals go into orbit, so that could be an "international" :cough: call as well.

    What about terrorists??? Well we already know that the Bush administration considers unions (the NEA in particular), peace activists and environmental activists as "terrorists". And many Democrats subscribe to ideas of unionism, peace and environmentalism. Indeed they believe anyone who opposes this war is aiding and ebetting terrorists. Ergo, Democrats are terrorists.

    And what about any businesses that do businesses in country where there may be terrorists? Couldn't they be terrorists as well. Well I'm sure there is a lot of strategic business information that could be learned from "international" calls by "terrorists".

    The fact that Bush refused to go through the FISA court leads you to believe that this court was unlikely to approve the wire taps they wanted. This court has a history of rubber stamping pretty much anything an adminstration wants.

    The alternative thought is that Bush is asserting a new right of "presidential supremacy". This basically means that the President can do whatever he wants so long as he claims it is pursuit of his "commander in chief" duties. Frankly, this is the more disturbing option. This is the avenue that Hitler took.

    If Congress does NOT oppose these actions, Bush will have successfully established a precedent of violating the law simply because "he feels like it". This would transform GW Bush into a dictator. GW Bush could decide to cancel the next election because of "terrorist threats".

    If you are a Republican, please think long and hard about giving your approval to this. Now think whether you would approve this if it was Bill Clinton.

    Finally, consider Bush's justification. There have been no terrorist attacks since Bush started the program. Well, consider that from the first WTC attacks in '92, Al Queda made no successfull strikes until 2001. A total of NINE YEARS passed between Al Queda attacks against US territory without a SINGLE illegal wire tap (at least during the Clinton administration).

    I would submit that there was PLENTY of intelligence available to the Bush administration to stop attacks. Indeed, the Clinton administration managed to thwart multiple Al Queda attacks against the US without using illegal wire-taps (but no doubt using the legal (and secret) FISA court). John Ashcroft de-prioritized anti-terrorism to just under porn and prostitution.

    Richard Clarke was screaming as loud as he could to get access to the President and take anti-terrorism seriously. He was ignored. The intelligence fore-shadowing 9/11 was forestalled. Somehow the Bush administration had managed to bring the US airforce to a state of unreadiness whereby it could not intercept a jumbo jet.

    Please Republicans, take your party and your Constitution seriously. This man is dragging your party into ignominy. If you are a patriot you MUST support checks and balance. The President is NOT an elected king. The Presidents job is to respect and enforce the laws passed by Congress. The President cannot just "make up" laws.

    If you don't support checking the president's power, you are a fascist. If you don't like that label, than you need to change your position. You will bring this country to a state of civil war against those of us who will NOT bear a President affecting the same transformation on the US as Hitler did to Germany.

    --
    -------- -------- Support Wesley Clark for president!!!
  25. The question is, WHAT did they want to do... by dpbsmith · · Score: 4, Insightful

    ...that they didn't think they could get the FISA court to rubberstamp?

    The FISA court has only turned the government down, what, twenty times in thirty years? And the law allows them to wiretap first and get court approval afterwards... and if the court turns them down they can appeal to another secret court, and if that court turns them down they can appeal to the Supreme Court, meeting in secret session with only the government in attendance.

    The mind boggles. What could they possibly have been afraid to take to FISA court?

    1. Re:The question is, WHAT did they want to do... by slavemowgli · · Score: 2, Informative

      The FISA court has only turned the government down, what, twenty times in thirty years?

      Actually, even less than that. Quoting Bruce Schneier: "In all that time, only four warrant requests were ever rejected: all in 2003." And "all that time" here actually does refer to the entire period of time where that secret kangaroo court existed.

      --
      quidquid latine dictum sit altum videtur.
  26. For those that haven't been keeping up... by remove+office · · Score: 3, Informative

    You can read a summary of the past 5 years of spying on Americans in their own country here. Included are reasons why Ashcroft chose the N.S.A. instead of the F.B.I. and a timeline of the whole complicated story.

  27. Burning down a house ... by willtsmith · · Score: 4, Insightful


    Throwing blood on minks is NOT a "terrorist" activity.

    Burning down an empty house is not a "terrorist" activity.

    I don't like PETA either and I don't approve of ELF. But property destruction is NOT murder. Terrorist KILL indiscriminately at civilian targets in order to produce a state of fear. As goofy as they are, none of these liberal radical groups do this.

    By the way, it is quite ironic that while the FBI classifies PETA, Greenpeace and ELF as terrorists, they DO NOT classify white supremacist groups who practice para-military operations and gladly sport their copies of "The Anarchist Cookbook" and "The Turner Diaries".

    I have NO DOUBT that the Bush administration is spying on liberal organization by labeling them "terrorists". And I also have no doubt that they are simply asserting another authority that they have not admitted to for domestic calls.

    --
    -------- -------- Support Wesley Clark for president!!!
  28. Re:USA! USA! USA! by Intron · · Score: 2, Insightful

    Kind of depends on who you think are the domestic enemies of democracy, doesn't it?

    If we believe that we can defeat terrorism by reducing privacy, maybe the first place we should open up is the nation's largest employer, and no, it isn't Walmart. Perhaps if we had greater openness on the part of this group, it would lead to a stronger democracy and less terrorism. Isn't democracy defined as public understanding and participation in government?

    I think the Patriot Act would be fine if it worked both ways. I should be able to find out what my representatives are doing the same way they can with me. What deals are they making with the energy lobby? What deals are they outsourcing on no-bid contracts? Surely if giving up privacy makes us safer you have no problems with that.

    --
    Intron: the portion of DNA which expresses nothing useful.
  29. Re:Thank You for Wiretapping by SeattleGameboy · · Score: 4, Insightful
    Nice lies... Bush would be proud.

    "court, as did all the other courts to have decided the issue [our emphasis], held that the President did have inherent authority to conduct warrantless searches to obtain foreign intelligence information." And further that "we take for granted that the President does have that authority and, assuming that is so, FISA could not encroach on the President's constitutional power."

    WOW, talking about taking it out of context!

    The court was talking about executive branch's ability to gather intelligence on FOREIGN SOIL!!! They deemed that the Fourth Amendment did not extend to foreign governments and their agents. Which is the correct reading and MOST of us here would agree to.

    What the courts have CONSISTENTLY ruled against is using that power on US CITIZENS! In fact FISA specifically guards against and makes that illegal. To balance that it makes it easier for authorities to get secret warrants and allows warrantless searches within the first 15 days of a war and allow agents obtain warrant AFTER the tap.

    They applied only to calls involving al Qaeda suspects or those with terrorist ties.

    LIAR!!! Do you have security clearance? Have you seen the list of warrantless searches? No? Then how do you know? Oh because Bush said so? Oh, and they also said they didn't use Patriot Act on non-terrorist groups and guess what? They used it on Peace groups and PETA!

    But the Members of Congress who were informed about this all along are now either silent or claim they didn't get the full story. This is why these columns have long opposed requiring the disclosure of classified operations to the Congressional Intelligence Committees.

    LIAR!!! Were you there when they were briefed? No? Then how the FUCK do you know? EVERY senator (Republican & Democrat) said they did not get complete information on this. But you KNOW they are lying??

    And NO, this is not a reason to hide things! It is a DAMN GOOD REASON TO NOT HIDE things!!! Because if they didn't then Bush would have some RECORD to bolster his statements.

    By contrast, the Times' NSA leak last week, and an earlier leak in the Washington Post on "secret" prisons for al Qaeda detainees in Europe, are likely to do genuine harm by alerting terrorists to our defenses. If more reporters from these newspapers now face the choice of revealing their sources or ending up in jail, those two papers will share the Plame blame.

    Man you are just a walking LYINGPALOOZA!!! You mean to tell me that Al Queda DID NOT suspect that this government was TAPPING EVERY PHONE call? Hello? Govt has been tapping Al Queda since the mid-80's. Are you REALLY that dumb to think that Al Queda was SHOCKED! SHOCKED I TELL YA to find this out from NY Times?

    Not only are you a liar, you are dumb too...

  30. Re:Great movie ... by Philip+K+Dickhead · · Score: 2, Informative

    Orwell also had great exposure to the super-totalitarian government of post-war Burma.

    --
    "Speaking the Truth in times of universal deceit is a revolutionary act." -- George Orwell
  31. It's like GW Bush says .... by willtsmith · · Score: 2, Insightful


    "They hate us for our freedom" - GW Bush

    Well if they hate us because we are free and have liberties from a totalitarian government, than taking away freedoms for the sake of FIGHTING terrorists affectively accomplishes there goal.

    Well, that's GW Bush's world. Which tells you he doesn't think very long about keeping a consistent line of values and reasoning.

    Don't kid yourself. The terrorists hate us because we're up in their business. They want us out of the Middle East. Increasing our presense in the Middle East only increases the amount of radicalism. Hence more terrorism.

    That's why "fighting the there so we don't have to fight them here" is so stupid. Fighting them there only makes more of them.

    This is probably too complicated for the average Republican to understand. I will translate to something you might be able to relate too. Remember Fantasia where Mickey makes the magic broom (Mujahadeen). Well Mickey is so pleased with himself that he falls asleep when he thinks the job is done (abandoning Afghanistan after the Russians withdraw). Well Mickey wakes up and finds the broom has overfilled the water (WTC, 9/11). Then Mickey tries to kill them by hitting them with an axe (Iraq). Well, Mickey didn't think it through because every time he kills a broom, 6 more rise to take it's place (Iraqi Insurgency). Eventually, Mickie realizes that the mindless use of force is not the answer and must turn to someone more learned in magic (diplomacy (UN)).

    Tomorrow we'll make the same analogy, we'll just use drug dealers instead of terrorists.

    --
    -------- -------- Support Wesley Clark for president!!!
  32. Re:The Government Hoax by nido · · Score: 2, Insightful

    I think it was Richard Maybury's Whatever Happened to Justice where I first read about the "bandit theory of government". It goes something like this: in the beginning, people got together to work to provide for a living. But some people didn't want to work. So they set up a camp, and periodically raided the surrounding villages. Eventually they decided that banditry was too much work, so one time they moved in, and never left. "I am your King, these are my royal officers, it is your privledge to pay us tribute." Then tribute became "tax", and the government began to provide services to justify collection of said tax.

    According to Mr. Maybury, there are three politcal systems: Liberty, Tyranny, and Chaos. Liberty is what America is about; bandits have successfully re-taken the American government over the last 100+ years, leading to the problems facing the country today. Government schools were instituted to "dumb down" the population, and strip them of the possibility of an independant livelihood. (Reference: writings & speeches of John Taylor Gatto, specifically On The Scientific Management of Children: A Short Angry History ).

    Government is the problem. Many people advocate that the bandits set up false terrorist attacks, to solidify their power. Some of these people are certainly kooks, but following the general principle of 'where there's smoke, there's fire', there has to be something to the claims of a grand conspiracy.

    Richard Maybury predicted the current World War III 10 years ago. He's certainly worth investigating...

    --
    Learn the rules so you know how to break them properly.
    www.teslabox.com
  33. Re:there has to be more to it by alfredo · · Score: 2, Interesting

    I believe four of their requests were turned down. bush doesn't like any challenge to his authority.

    Another possible reason was the taps were on political opponents. You don't want someone outside your circle to know what is going on if you are engaged in criminal activity.

    I wonder if McCain and Kerry were monitored by NSA?

    --
    photosMy Photostream
  34. Re:Anybody have a cache or text of referenced arti by vik · · Score: 2, Informative

    I wish I had, then I might be able to make some sensible comment on it.

    Sadly, Arstechnica does not currently appear in DNS space visible from New Zealand, as of a few hours ago. I have retreived an IP address from cache and tried to traceroute to it, but no joy.

    I too would like to see a cached copy. Anyone?

    Vik :v)

  35. "Don't suspect a friend, report him" by Philip+K+Dickhead · · Score: 2, Funny

    In the Department Of Records:
      "The Truth Shall Make You Free" - on statue
      "Information Is The Key To Prosperity. A Ministry Of Information" - sign
          above security stall.
      "Help The Ministry Of Information Help You" - poster on wall
      "Be Safe: Be Suspicious" - sign on wall
      "Loose Talk Is Noose Talk" - poster on the wall of the computer room

    Kurtzmann's office:
      "Suspicion Breeds Confidence" - sign
      Ministry of Information logos are stamped on many of the small items in
      Kurtzmann's office, such as the teacup given to Lowry and the fishbowl.
      These are nearly impossible to see on video.

    Shangri La Towers:
      "Happiness: We're all in it together" - Billboard
      (This billboard is copied from a sign that appeared throughout the United
        States during the depression.)
      "Mellowfields. Top Security Holiday Camps. Luxury without fear. Fun
        without suspicion. Relax in a panic free atmosphere." - advert on wall
        above children playing.
      "Reality" - graffiti on wall
      "Shangorilla Towers" - Shangri-la tower's defaced sign.
      "DO NOT FOLD, SPINDLE, MUTILATE" - stencilled on concrete wall inside.

    Mr Lime's Office at Info. Retrieval:
      "Trust in haste, Regret at leisure" - poster on wall
      "Don't suspect a friend, report him" - poster on wall (also seen in both
                                                                                    Lint and Kutzmann's offices)

    Jack's Office at Info. Retrieval:
      "Who can you trust?" - poster on wall

    Processing Plant:
      "Mind that parcel. Eagle eyes can save a life." - poster on wall
      "Power today. Pleasure tomorrow." - poster seen when the house gets lifted.

    Shopping Mall:
      "Consumers for Christ" - banner carried by band in the mall.
      "Utopia Railways" - ad in the street when Sam blows up the building.
      "Keep your city tidy" - sign on the trash can.

    --
    "Speaking the Truth in times of universal deceit is a revolutionary act." -- George Orwell
  36. Re:slashdot effect by N6546R · · Score: 2, Interesting
    Interesting that ArsTechnica is down right now...it's weathered many a slashdot storm in the past. Think Bush bothered with the court order to pull the plug, or did the black helicopters simpy swoop down at the ISP?

    Perry

  37. Osama is powerless ... by willtsmith · · Score: 4, Insightful


    Osama is powerless to transform the United States into a totalitarian regime. GW Bush is well on his way.

    --
    -------- -------- Support Wesley Clark for president!!!
    1. Re:Osama is powerless ... by Chris+Burke · · Score: 2, Insightful

      IMO, if he really were a totalitarian, it would have been much simpler for him to support a handpicked tyrant to replace Mr. Hussein in Iraq than to go through the complicated process of setting up three elections in a year and try to corrupt either the electoral process or the results of that process.

      It's only simpler if you don't take into account the rest of the world who already find our reasons for going into Iraq dubious -- even the ones who still have troops there with us. Take away "bringing democracy", and what do we have left? Even Bush knows we still need the international community to at least tolerate if not support our unilateral behavior. No, he absolutely must go through the trouble of creating elections.

      Of course their choice of appointed prime minister, Ilyad Allawi, former hitman for Saddam Hussein, shows that they were in fact thinking along those lines. Instead it looks like they'll end up with an Iranian-backed theocracy! Hooray!

      At this early stage, I'm not willing to belive any particular report about this.

      No, that's true, but at the same time if the answer was as simple as "we obtained the warrants as required by law" then I think Bush would have said so and defused the issue immediately. Instead, he is arguing that spying without warrants is legal and necessary. So that speaks pretty strongly to me that it is as the reports suggest: Bush authorized warrantless spying on people within the U.S.

      However, the fact that we're even aware about these activities through the media and Mr. Bush has acknowledged at least some of these activities publicly shows that we still live in the freest nation in the world.

      One of the most free. Or much more free than many nations. Both are correct, but the U.S. certainly isn't the only nation to have the kinds of freedoms you mention.

      However this being true, it is just that much more important for us to protect those freedoms and react aggressively when someone attempts to take them! You don't counter a report that the President is issueing unconstitutional surveilance orders by saying "We are still free because free speech allowed us to discover this" The correct answer is "Thank God our free speech allowed us to discover this so we can crush the fool who thinks our other freedoms are optional!"

      It worked 30 years ago when it became clear that Nixon had broken the law (there, the mere threat of impeachment was sufficient). And there's no reason that I can see right now why it wouldn't work now.

      Hm, well, it's going to take people actually being upset about it, instead of justifying it or playing it off or saying that we're still the freeest nation in the world no matter what.

      I belive that the idea that we're inevitably headed to a totaltiarian state is a load of bunk.

      That it is inevitable is bunk, and I agree that we are equipped to deal with it. Yet merely being equipped does nothing to prevent it. We must act. And the alarming thing to me is more the tolerance for totalitarianism that has arisen in the last four years, so long as the words "anti-terrorism" are thrown around first. Of course we would not repeat the incidents of WWII, rounding up all asians. Yet we are content to allow anyone labeled (labeled, not demonstrated to be) "suspected terrorist" to be rounded up. So the question is are we less tolerant of totalitarianism, or has the would-be totalitarians just gotten smarter with regards to psychology?

      Personally I think this incident will be something of a litmus test. So far the denials of the Pres have been extremely weak, which leads me to believe that he did in fact step outside constitutional limits. If that is the case, then the reaction will tell us a lot about how resiliant against totalitarianism we really are.

      Then again, it might be hard to separate a staunch anti-totalitarian groundswell in Congress from normal political maneuvering in which a weakening leader is ripped apart at the first sign of drawn blood. But I am cynical that way.

      --

      The enemies of Democracy are
  38. This is exactly the problem by commodoresloat · · Score: 2, Insightful

    When the PATRIOT act was passed, conservatives blew off complaints that its provisions would be used to target people who were not "terrorists" in the sense that members of al Qaeda are terrorists. It was written off as liberal paranoia, and lawmakers assured us that these laws would only be used to target real enemies of the United States. Since then, the law's provisions have been used to target vandals, drug dealers, anarchists, and peace activists, and now eco-fanatics. Many people in law enforcement have been scrambling to define everything as "terrorism" so they can do sneak-and-peek searches, look at what library books people are reading, etc. It's exactly what the "liberal paranoids" were warning about.

  39. muddy issues easily cleared up by shanen · · Score: 2, Interesting
    There's no mud here, except possibly in your mind. If such powers are available, they will be used and abused.

    More importantly, the powers will be abused at EVERYONE. The way Dubya's kind of absolutist self-righteous thinking works, anyone who opposes him is impeding his effectiveness, and therefore deserves to be treated as an enemy. Some people really do see the world in black and white, or "with us or against us", as Dubya put it.

    The problem is that there is no black or white in the real world. Everything is more or less gray, but if you've decided the world is black and white, and you believe that you're "white", then anyone who is not white equals "black". Ultimately, this 'thinking' extends to include everyone else as an enemy, since no one will be perfectly "white" according to our "white" believer. Here's relevant joke.

    By the way, this is a 'revenge' karma-recovery post after another anonymous and cowardly troll moderator splattered me with his muddy mod points. I also feel like I should 'retaliate' by racking up a few extra positive mods. However, what I really want is to know who my spineless 'accuser' is.

    --
    Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
  40. Did someone pull the plug at Server Central? by apurtell · · Score: 2, Informative

    Slashdot effect, or did someone pull the plug at Server Central?
    Where did I put my tinfoil?

    % whois arstechnica.com
    Domain servers in listed order:
    NS1.SERVERCENTRAL.NET 64.202.100.113
    NS2.SERVERCENTRAL.NET 64.202.96.102
    % host arstechnica.com 64.202.100.113 ;; connection timed out; no servers could be reached
    % host arstechnica.com 64.202.96.102 ;; connection timed out; no servers could be reached
    % traceroute-nanog -A -O -U 64.202.100.113
      1 ...
      2 ...
      3 ...
      4 dist4-vlan60.irvnca.sbcglobal.net (67.114.50.66) [AS7132] postmaster@pbi.net 14 ms
      5 bb2-g2-0.irvnca.sbcglobal.net (151.164.41.239) [AS7132] postmaster@swbell.net 45 ms
      6 bb1-p3-0.irvnca.sbcglobal.net (151.164.191.205) [AS7132] postmaster@swbell.net 12 ms
      7 151.164.42.77 (151.164.42.77) [AS7132] postmaster@swbell.net 16 ms
      8 core1-p8-0.cranca.sbcglobal.net (151.164.241.225) [AS7132] postmaster@swbell.net 13 ms
      9 core2-p11-0.crscca.sbcglobal.net (151.164.242.81) [AS7132] postmaster@swbell.net 44 ms
    10 bb1-p8-0.crscca.sbcglobal.net (151.164.40.62) [AS7132] postmaster@swbell.net 27 ms
    11 ex2-p5-0.eqsjca.sbcglobal.net (151.164.41.109) [AS7132] postmaster@swbell.net 33 ms
    12 unknown.sjc.scnet.net (66.225.245.237) [AS23352] root@manage.scservers.com 29 ms
    13 ge0-3-0.j1.sjc.scnet.net (64.202.104.230) [AS23352] root@manage.scservers.com 26 ms
    14 ge-3-0-1.3940.j2.ord.scnet.net (205.234.205.97) [AS23352] root@manage.scservers.com 66 ms
    15 * * *
    16 * * *
    17 * ^C
    % whois scnet.net
    Administrative Contact:
          Server Central Network
          Customer Owned Domain (hostmaster@servercentral.net)
          +1.3128291111
          Fax: +1.3128291110
          2002 West Chicago Ave
          PMB 101 / Hostmaster
          Chicago, IL 60622-5548
          US
    % whois scservers.com
    Administrative Contact:
          Server Central
          Domain Customer Owned (admin@servercentral.net)
          +1.3128291111
          Fax: +1.3128291110
          2002 W Chicago Ave PMB 101
          Chicago, IL 60622
          US

    --
    - A.
  41. But they never START with that by MarkusQ · · Score: 4, Insightful

    I'm not endorsing this in any way at all, in fact I'm ashamed that he did this, but you are saying that this is worse than murdering 15 million of your own people and depriving them of property and liberty as well? I understand this is a bad thing, but acting in this polarized manner is exactly why today's political climate is as vicious and childish as it is.

    But the problem is, they never start with killing 15 million people (side note: it doesn't matter "who's people" they are). They start with a little spying here, a little bending the rules there. Lie a bit a cause a few tens of thousands of people to die. Get your people into the positions of power, eviscerate the press (if it hasn't rolled over already). Come to some accommodation with the "opposition" ("play it our way or we'll ruin you" is always popular).

    In short, make it so that no one dares move against you.

    Then you can kill 15 million people, or even twenty if you're in the mood.

    --MarkusQ

    P.S. The polarization isn't causing the problem. The polarization is a consequence of some people realizing what is going on, and others squeezing their eyes shut and hoping it goes away.

  42. Big Brother Bush by Philip+K+Dickhead · · Score: 5, Interesting
    http://xymphora.blogspot.com/2005/12/big-brother-b ush.html

    The answer to the mystery of the NSA snooping scandal - why did they break the law when it was so ludicrously easy to get FISA warrants? - appears to be developing: they weren't just wiretapping, they were data mining. They were using Echelon to 'Able Danger' the whole country (this is Poindexter's Total Information Awareness, which is supposedly dead, in action). The problem is that FISA was enacted prior to the current capability for data mining, and didn't anticipate how ubiquitous it could be. The reason they couldn't use FISA is that they would have had to obtain a FISA warrant for every person in the country. Data mining requires that you follow each link discovered by your snooping, and wouldn't work if it had to be subjected to FISA or the Constitution. The NYT article, now being spun as resisted by the Bush Administration (as if the NYT would publish anything without Rove's say-so), appears to itself be part of the spinning, a limited hang-out to cover up the bigger scandal.

    --
    "Speaking the Truth in times of universal deceit is a revolutionary act." -- George Orwell
  43. Re:Your right to what by vik · · Score: 2, Interesting

    So, what are you supposed to do when the President declares himself above the law?

    Roll over?

    That's where your "defence of liberty" kicks in. Of course, tinpot dictators won't like that one bit and will try to eliminate your ability to covertly take the country back.

    From the outside looking in, I see the process is probably already underway.

    Vik :v)

  44. Re:Wartime?? Depends on your definitions.... by hot+soldering+iron · · Score: 2, Insightful

    I'm at war with cockroaches. Will it ever end? No. More keep spawning to take the place of those I destroy. The only way to win my war is to remove the conditions where they can live, and thrive.

    The "War on Terror" is about power and control, period. The President was a very powerful man, an oil Co. CEO, who jumped to the highest office of one of the most powerful nations on the planet. Who has more power than a President? A President during wartime, when the title, "Commander-in-Chief" carries real power. Who do you have a war with? You don't really want to fight a country that has a descent chance against you, you might lose! But they can't be a pushover, either. That would just be a "Police Action". You need an enemy that stikes fear into the hearts of the people, but is insubstantial like smoke and shadows, or the Bogeyman.

    The only way to stop "terrorism" (an ideology), is with propaganda and an opposing ideology. To control the minds of the populace. The easiest way to do that, is to have the people volutarily give up their freedoms, for safety, "for the children" *RETCH!*

    So, we have someone who, by his apparent actions, NEEDS power. And circumstances JUST HAPPENED to give him the most undisputed power on the frikkin' planet. He has control over the military, industry, economy, and society, of America. And he is quickly removing the remaining checks and balances on his power.

    The world is in serious peril.

    DAMN! I need to quit listening to talk radio!

    --
    When you want something built, come see me. If you want correct grammar and spelling, get a F*ing liberal arts student.
  45. And some gov'ts terrorize eco groups: France by AHumbleOpinion · · Score: 2, Informative

    And by that definition most governments are terrorists as well.

    Like when France conducted paramilitary operation against Greenpeace, attaching a mine to their boat, killing one crewmember?

    "Initially, the French government denied all knowledge but it soon became obvious that they were involved. Soon French Prime Minister Fabius appeared on television to tell a shocked world, "Agents of the DGSE (Secret Service) sank this boat. They acted on orders." The French Minister of Defence resigned. Six weeks later in New Zealand, the preliminary hearing in the trial of agents Prieur and Mafart began in Auckland. It was expected to last for weeks but a deal was struck before the agents entered the courtroom. In just 34 minutes, they pleaded guilty to charges of manslaughter and wilful damage, attracting sentences of 10 and 7 years to be served concurrently. A UN negotiated settlement meant that the two agents were transferred to Hao atoll, a French military base in French Polynesia to serve their time."

    http://www.greenpeace.org.au/rainbow_warrior/bombi ng_of_1985/intro.html

    "A New Zealand court found two members of the French Secret Service guilty of manslaughter. Although they were sentenced to 10 years in jail, both were free within two years. One was smuggled out of Tahiti under a false identity."

    http://www.greenpeace.org.au/rainbow_warrior/bombi ng_of_1985/death_of_crew_member.html

  46. Probably something like Watergate by Animats · · Score: 2, Interesting

    Any legitimate security issue would have gone through the FISA court without problems. Somebody is hiding something they shouldn't have been doing, and it's probably going to be really embarassing when it comes out.

  47. Wrong. by MarkusQ · · Score: 4, Insightful

    THEY'RE IN CHARGE!

    Wrong.

    We're in charge.

    That's the one and only thing that differentiates us from a dictatorship.

    The fact that they seem to think that "THEY'RE IN CHARGE" is exactly what's got so many people who love this country so upset at them.

    --MarkusQ

    1. Re:Wrong. by TapeCutter · · Score: 2, Funny

      That sig would make a great bumper sticker!

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  48. Far from it by WindBourne · · Score: 2, Insightful

    GWB could not have done all this without OBL. He absolutely needed something like 9/11 to rally people around him and the republicans.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  49. mod down, not insightful by geekee · · Score: 2, Interesting

    "Throwing blood on minks is NOT a "terrorist" activity.

    Burning down an empty house is not a "terrorist" activity."

    If your intent is to make a person fear you, and hence change their behavior becuae of that fear, you're a terrorist.

    --
    Vote for Pedro
  50. hold on now by subtropolis · · Score: 2, Interesting
    Who said anything about corner wardens? Gestapo? Fascism is an ideology, not a costume party. None of us seriously expects the good citizens to start turning out zieg heiling or anything. We don't need to wait for a president in uniform (oh, wait...)

    You dismiss this too lightly.

    --
    "Our interests are to see if we can't scale it up to something more exciting," he said.
  51. Re:You'd already be dead by niktemadur · · Score: 4, Interesting

    Isn't that what happens to any conservative speaker who visits a college campus these days? Maybe you should ask Ann Coulter. I'm sure you don't agree with what she says, but doesn't she have a right to say it?

    Ann Coulter spews hate-filled tirades on an almost daily basis in her widespread column and in her countless network appearances, so she can hardly be considered an oppressed voice crying out in the wilderness. In one of her college stand-up routines, many students stood up and left the hall, prompting Coulter to yell: "Yeah, that's right, leave! The anal sex classes are just down the hall!" That's a little one-liner that would have made the brownshirts proud.

    If GWB was half as bad as you make yourself believe he is, you'd already be dead. Michael Moore would be thin...in line for the "Showers" at Bush's Death Camps in West Texas.

    No, but under gwb and his executive orders, his government has the power to detain you indefinitely without legal representation and even to outsource you to one of a prision in Guantanamo, Syria, Egypt, Eastern Europe, Afghanistan, Pakistan and various other countries in Africa and Asia; hey, now that is one distinguished list!

    So until we have forced labor camps and we're filling gas chambers daily, I suggest you rethink your position and keep your mouth shut.

    And

    So, go ahead, join what's left of the Taliban if that is what your truly belive.

    Wow, spoken like a true west texas brownshirt.

    Once we have forced labor camps and we're filling gas chamber daily, it's already too late by several years, OBVIOUSLY.

    What has happened in every country whose population has allowed its' government to take away its' freedoms for the sake of the illusion of a little safety is that eventually that population loses its' freedom with no benefit of safety. History only repeats itself over and over again because of ignorance. Vincible ignorance. Lazy ignorance. Mediocre ignorance. Ignorance creating fear, and this combination in turn creates a soul-destroying hatred which makes it impossible for meaningful analysis and discussion to take place.

    Fortunately, the United States of America on the basis of an incredibly resilient document called The Constitution which cannot be destroyed overnight. But it can be destroyed with some time, a dash of power-crazed corporate whores, and a whole lot of ignorance from the population.

    Oh, and speaking of ignorance, the Taliban controls around half of Afghanistan. The other half, the so-called good guys, the Northern Alliance (did you know that's their name, the Northern Alliance?), has in the past four years overseen the biggest bumper crops of opium in Afghanistan's history, most of it exported to Europe and Northern America. Right under the gun barrels of what's left of United States troops in the region.

    --
    Lil' Thindime, lilting a lacrimose lament, krashes the kwaint konfines of Kokonino Kounty
  52. Bush's claim by Brushen · · Score: 2, Insightful

    http://www4.law.cornell.edu/uscode/html/uscode50/u sc_sup_01_50_10_36.html

    This is the Foreign Intelligence Surveillence Act. Long story short, you always have to apply for a court order to wiretap. You can, however, do it without a warrant under the conditions provided here: http://www4.law.cornell.edu/uscode/html/uscode50/u sc_sec_50_00001802----000-.html

    As long as there's no chance you'll be wiretapping on a U.S. person, in which case you're fined $10,000 and you spend 5 years in prison if found guilty. "Procuring" someone to wiretap under Title 18 of the U.S. legal code also gets you the penalty, of course, which GWB is guilty of.

    There is another exception that gives the President to authorize electronic surveillence, searches, and seizures, without warrants, on any U.S. person or U.S. citizen anywhere at any time, with (each) authorization lasting no longer than 15 days, after which I suppose it'd be renewed.

    http://www4.law.cornell.edu/uscode/html/uscode50/u sc_sec_50_00001811----000-.html
    http://www4.law.cornell.edu/uscode/html/uscode50/u sc_sec_50_00001829----000-.html
    http://www4.law.cornell.edu/uscode/html/uscode50/u sc_sec_50_00001844----000-.html

    Pen registers and trap and trace devices record the telephone number of who you're calling, and who's calling you, respectively. Normally you'd go to jail for a year for using one without a warrant.

    This exception can ONLY be used if Congress has declared war. We haven't declared war since World War II. Everything we've done since then have been, starting with Korea, I think, have been "police actions." Congress has approved "military intervention" in Iraq, but not declared war.

    Bush went to Judge John Yoo, who told him that Congressional approval of the war on terror constituted a declaration of war. The Washington Post and most places I've read don't buy that crap. Thus, Bush's claim to freedom is rendered invalid.

    Now, aside from FISA, here is a second place Bush could be jailed.

    Sec. 2511 of the Title 18, United States Code:

    "Except as otherwise specifically provided in this chapter any
    person who intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication ...

    shall be punished as provided in subsection (4) or shall be subject to
    suit as provided in subsection (5)."

    In the intervening space, it mentions how using mechanical devices, ala wiretapping, to get this information is illegal.

    Subsection 4 says "Except as provided in paragraph (b) of this subsection or in
    subsection (5), whoever violates subsection (1) of this section shall be
    fined under this title or imprisoned not more than five years, or both."

    Unless Bush stops the recorded wiretapping by the end of the year, he could be fined or go to jail, for procuring the recorded wiretapping.

    Now, paragraph B makes an exception to that punishment for first-time offenders who are not wiretapping or procuring wiretapping for illegal purposes or commercial gain. Bush is not a firsttime offender because he has authorized the NSA to wiretap 30 times since September 11, 2001.

  53. Re:Someone please mod the parent up! by Legion303 · · Score: 2, Insightful

    Not only that, but it doesn't matter whether Clinton or anyone else did the same thing. If it's illegal, it's illegal. If these retards who think Clinton's behavior somehow excuses Bush want Slick Willie behind bars, they're free to pursue any avenues open to them to make it happen. That doesn't get Bush off the hook, however.

    That's another of my favorite arguments from these morons: "Bush briefed congress! Including Democrats!" So? Indict all of the treasonous fuckers. "Tu quoque" is never a valid defense.