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NSA Wiretapping Whistleblower

Kagu writes "ABC News is running a short piece about an interview with former NSA Employee Russell Tice and his allegations that the NSA wiretaps are more pervasive than believed and used in ways he believes violated the law. "

725 comments

  1. Much more info on Democracy Now by TripMaster+Monkey · · Score: 4, Interesting

    A lot more info on this subject, including a transcript of the interview of Russell Tice by Amy Goodman, can be found here.

    From the interview:
    RUSSELL TICE: Well, as far as an intelligence officer, especially a SIGINT officer at N.S.A., we're taught from very early on in our careers that you just do not do this. This is probably the number one commandment of the SIGINT Ten Commandments as a SIGINT officer. You will not spy on Americans. It is drilled into our head over and over and over again in security briefings, at least twice a year, where you ultimately have to sign a paper that says you have gotten the briefing. Everyone at N.S.A. who's a SIGINT officer knows that you do not do this. Ultimately, so do the leaders of N.S.A., and apparently the leaders of N.S.A. have decided that they were just going to go against the tenets of something that's a gospel to a SIGINT officer.
    --
    ____

    ~ |rip/\/\aster /\/\onkey

    1. Re:Much more info on Democracy Now by Anonymous Coward · · Score: 0

      our SIGINT officer told our SIGSEGV officer... oh, nevermind.

    2. Re:Much more info on Democracy Now by AndroidCat · · Score: 3, Informative

      The classic way around that restriction was to have an allied intelligence service do the spying on Americans for them, while returning the favour by passing them information on their nationals that they weren't allowed to collect. Once the spying (data collection) part was done, I'm not sure that the processing, tagging, linking and reporting was kept especially seperate.

      --
      One line blog. I hear that they're called Twitters now.
    3. Re:Much more info on Democracy Now by Anonymous Coward · · Score: 0

      I can definitely confirm what is quoted is true.

    4. Re:Much more info on Democracy Now by Travis+Mansbridge · · Score: 1

      I've heard that, as a loophole, the international group ECHELON has the security agency of another country monitor citizens for America, as we monitor theirs for them. In this way, I believe, these kind of actions have been going on for a long time.

    5. Re:Much more info on Democracy Now by Anonymous Coward · · Score: 0
      This is probably the number one commandment of the SIGINT Ten Commandments as a SIGINT officer.

      This guy is obviously a fraud. Everyone knows the first rule of the NSA is you do not talk about the NSA.

    6. Re:Much more info on Democracy Now by Anonymous Coward · · Score: 0

      Your SIGINT officer wasn't able to tell your SIGSEGV officer anything because he was visited by my SIGKILL officer.

    7. Re:Much more info on Democracy Now by Intron · · Score: 1

      Please kill this thread.

      --
      Intron: the portion of DNA which expresses nothing useful.
    8. Re:Much more info on Democracy Now by AndersOSU · · Score: 1
      Please kill this thread.

      This is exactly what Hitler and the SS did leading up to WWII.

      (You're welcome)
    9. Re:Much more info on Democracy Now by DavidTC · · Score: 1

      You've confused the NSA with the real threat, the R

      --
      If corporations are people, aren't stockholders guilty of slavery?
  2. Information Retrieval by eldavojohn · · Score: 4, Informative
    According to Tice, intelligence analysts use the information to develop graphs that resemble spiderwebs linking one suspect's phone number to hundreds or even thousands more.
    This is becoming more and more common for the intelligence community to use. You can call it data mining or information retrieval, it has a lot of names (some sound nicer than others).

    In fact, there are commercially available engines out there that anyone can buy. Check out Collexis, which also has demos online. This isn't as advanced as what the analysts at the NSA are using but it's close. Plug something like this into ontology software such as Cerebra and you've got a decent tool for keeping dossiers on people.

    Nothing about this is illegal until the information passed into it is acquired illegally. Like most people, I'm a little more than annoyed that our civil liberties are slowly ebbing. One thing I've learned from history is that freedom and liberties are often the hardest things to find once you've lost them.

    Recently, I've relied on the ACLU and certain political groups to jump all over the president and anyone who is part of the government if they overstep these bounds. I sure hope Tice gets his wish to reform the intelligence community as to how they handle wiretapping Americans. They can wiretap everyone else in the world but I don't want our government wiretapping us without the usual requisite warrants.

    Side note on Tice, I kind of admire him for doing this. He's not going to go to jail because he's (intelligently) not revealed anything classified. He's only saying that this is going on. Now, I hope he's prepared to not work there anymore because I imagine the rest of his career is going to be fairly cold with people treating him like a snitch.
    --
    My work here is dung.
    1. Re:Information Retrieval by ObsessiveMathsFreak · · Score: 4, Insightful

      Nothing about this is illegal until the information passed into it is acquired illegally.

      What counts as "legal"?

      We live in a world where Gitmo is not only tolerated, but even approved by huges numbers of people in government, academia and in the public at large. Wiretap someones phone illegally, and if the president gave you say so, I doubt many judges would throw it out at this point. Get information by half drowing someone or photographing their anus and not only will judges not object, they'll pass judgement based on it!

      --
      May the Maths Be with you!
    2. Re:Information Retrieval by bigkahunafish · · Score: 3, Interesting

      Tice had his security clearance removed and was fired because of psychological concerns.
       
        He is not infact a whistle blower but rather a disgruntled employee seeking some type of revenge.
       
        I would investigate his motives before buying every bit of his story hook, line and sinker.

      --
      Eat a Chicken, You know you want to.
    3. Re:Information Retrieval by eldavojohn · · Score: 4, Insightful
      Tice had his security clearance removed and was fired because of psychological concerns.
      And you've just swallowed this information--hook, line and sinker.

      ABC News seemed to treat him as pretty psychologically stable. How do you know the government isn't painting him to be this way so that his story isn't believable?

      After the president admitted to wiretapping some Americans without the proper warrants, you bet I'll believe Tice's story.
      --
      My work here is dung.
    4. Re:Information Retrieval by DanaPlato · · Score: 1, Flamebait

      Funny how people who reveal information that the left hopes will hurt the Bush administration are called "whistleblowers," while people who supposedly "out" CIA agents, who weren't undercover in the first place, are "leakers." This ABC piece is just another example of liberal bias in the "mainstream" media.
      Thankfully, most Americans understand that if they have no affiliation with terrorist groups, they have nothing to worry about. So fellow slashdotters, you can take off the aluminium foil hats.
      Seems to me that Bush is wrong no matter what he does. He's in office for less than a year when 9/11 happens, and he's to blame for it, even though the previous administration did nothing about bin laden for 8 years. Bush fights terrorism by all means available to him, and he's taking away our civil liberties, even though previous administrations did the same thing.

    5. Re:Information Retrieval by jmp_nyc · · Score: 1

      So let's get this straight: If I happened to order pizza from the same place as my friendly neighborhood terror cell, that puts my number on their radar. (Forget it if the local pizza place is owned by Muslim immigrants.) Once I'm on their radar, those handfuls of overseas calls I make probably draw attention to me.

      One of these days, someone who has nothing to hide is going to subpoena the NSA for records of whether or not their phone has been observed, and request copies of warrants authorizing said observation...
      -JMP

    6. Re:Information Retrieval by d3ac0n · · Score: 2, Insightful

      FTFA:

      The NSA revoked Tice's security clearance in May of last year based on what it called psychological concerns and later dismissed him.

      I would agree. We are talking about someone who got fired, and THEN decided to "whistle blow" If he reported this first and THEN got fired, then I would be more inclined to believe him. But the fact that he was fired first and afterward decided that he "needed" to report this to a newspaper (as opposed to filing a wrongful dismissal dispute via the legal system) does not speak well to his motives.

      This call monitoring has been going on for well over a year. If it really bothered him all that much, why didn't he come out with this a long time ago? Seems to me that there is a good chance that he's just a disgruntled former employee with some mental stability issues who decided that this would be a good way to get his 15 minutes of fame and maybe a book deal on the side while getting even with his former employer.

      --
      Official Heretic from the "Church of Global Warming". Proven right thanks to whistle blowers. AGW = Flat Earth Theory
    7. Re:Information Retrieval by Anonymous Coward · · Score: 0

      I would investigate his motives before buying every bit of his story hook, line and sinker.

      I would investigate his timeline before calling him names. One does not become a lying disgruntled employee until after they become disgruntled, and he was fired in May 2005, well after the leaks began.

      But hey, you'd say anything at this point to save your precious party's face, "values" be damned.

    8. Re:Information Retrieval by Anonymous Coward · · Score: 2, Interesting

      That is possible. It is also possible that he tried to work out the problem within the system, approaching his superiors repeatedly about the legal and moral problems in what was going on, and this behaviour is what got him labeled as psychologically unstable. I'm not saying this is necessarily what happened, I'm just saying that it is hard to tell at this stage.

    9. Re:Information Retrieval by Al_Maverick · · Score: 0

      This should be really disturbing. This has happened in the country where I live, during the national regime. The military would come into your house, kidnap you and your relatives, then they would go through your phone book and kidnap everyone you know. Some would be killed and some would be released after years of imprisonment and torture. People stopped seeing each other, just because something like this could happen. You couldnt have friends anymore, because your life and that of your family could be in danger. And, no, I'm not from a communist country. I'm from Argentina, and these military were tought to do this by the CIA. I would be really worried if I were you. Or if I were a friend of yours. --------- Alvaro

    10. Re:Information Retrieval by aussie_a · · Score: 4, Insightful

      I would investigate his motives before buying every bit of his story hook, line and sinker.

      No. I would investigate whether or not it is true before buying his story hook, line and sinker. But if America just dismisses this guy because he may or may not have an ulterior motive, then that's sad. He might be insane and seething at his ex-employees. But he can still be right. This wouldn't an investigation against a citizen, but one against a government agency. Investigate, then if it's learned it isn't true, no harm done. Ignore it, and learn it was true, and a lot of harm is done.

    11. Re:Information Retrieval by Anonymous Coward · · Score: 0
      Get information by ... or photographing their anus and not only will judges not object,

      Torture by goatse, hehe ;-)

    12. Re:Information Retrieval by aussie_a · · Score: 3, Interesting

      while people who supposedly "out" CIA agents, who weren't undercover in the first place, are "leakers."

      Funny, I thought leakers was the term the Bush administration used. Y'know, before it was found out by the public that it was a Bush-friendly person who leaked the name.

    13. Re:Information Retrieval by SDRDB · · Score: 1

      I agree. If he had conserns back when he had his clearance yanked he would have blown the whistle then. Not now...

    14. Re:Information Retrieval by ObsessiveMathsFreak · · Score: 4, Insightful

      I would agree. We are talking about someone who got fired, and THEN decided to "whistle blow" If he reported this first and THEN got fired, then I would be more inclined to believe him. But the fact that he was fired first and afterward decided that he "needed" to report this to a newspaper (as opposed to filing a wrongful dismissal dispute via the legal system) does not speak well to his motives

      Tice had been making noises before he got fired. He was one of those pushing for greater congressional protection for whistleblowers. Hint, hint.

      Shortly thereafter, his bosses had him pulled in for a medical exam, where despite having no symptoms, the MO labeled him as suffering from paranoia. This is standard practice in such circles to ensure compliance, and to provide ammo for any subsequent smear campaigns.

      It's like this. Anyone who believes that the NSA was not spying on their own country, is the real mentally unstable individual.

      --
      May the Maths Be with you!
    15. Re:Information Retrieval by Alex+P+Keaton+in+da · · Score: 1

      Yes, but it shows how politics and technology come together-
      Whatever your opinions on the wiretapping- The way many are responding negatively, will lead to MORE wiretapping- Allow me to explain....
      This will be framed (rightly or wrongly) by Republicans as eavesdropping on known terrorists. The Democrats (rightly or wrongly) will come out against it and be seen as anti-security.
      This will lead to more Republicans winning in 06 and 08. Whatever your political bent is, the national security issue (for whatever reason)(I'm trying to stay nonpolitical) is a loser for Democrats. (Seriously, remove your own politics and views, and just look at it as an analyst.)
      The strategy for Dems to stop the wiretapping would be to act like it is a great thing, then get voted into a majority, and then stop the wiretapping.

      --
      And All I Ask is a Tall Ship And a Star to Steer Her By
    16. Re:Information Retrieval by AndroidCat · · Score: 2, Insightful

      Nothing to hide? Everyone is within six degrees of seperation with a terrorist.

      --
      One line blog. I hear that they're called Twitters now.
    17. Re:Information Retrieval by ObsessiveMathsFreak · · Score: 3, Funny

      Har Har- Its funny to hear a lame pussy call it Gitmo, trying to call it what non-pussies in the military call it...

      I thought the offical military slang term for the facility was "Camp Deliverance"?

      --
      May the Maths Be with you!
    18. Re:Information Retrieval by Anonymous Coward · · Score: 1, Insightful

      How can you equate these two things? One is an operative in the field and the other is a program authorized by the head of our government that aggressively errodes US citizens civil liberties. I believe, sir, that if ANY president signed on to a program like this there would be yelling from both sides. And thats what we're seeing: Dems and Repubs are both seething and calling for investigation. Its the tipping point where we either check the powers of our Executive branch or we let it go completely.

      Oh ya, and it looks like Bush's folks uncovered Plame anyway, so your argument is a little ridiculous. Keep listening to those talking heads on the tv.

    19. Re:Information Retrieval by Anonymous Coward · · Score: 0

      If it really bothered him all that much, why didn't he come out with this a long time ago?

      It's a lot easier to come out with such information when you aren't the first person to do so. This guy is not the one that spoke to the New York Times several months ago, breaking the story in the first place. He also isn't the first to say that the wiretaps are more widespread than the administration has admitted.

    20. Re:Information Retrieval by deKernel · · Score: 2, Insightful

      Wait, because ABC News "seemed to treat him as pretty psychologically stable." you are just swinging the other way for an ever worse reason.

      You complain about the wiretapping, but you are obviously unaware of history. Please investigate Johnson during the Vietnam War, Roosevelt during WWII and Lincoln during the Civil War.

    21. Re:Information Retrieval by theStorminMormon · · Score: 0

      What the Hell is wrong with this scenario? Look, if I order up my favorite Iranian takeout and it turns out the owner is part of a terrorist cell being investigated by the NSA, and then I make a couple of overseas phone calls I WANT them to monitor them.

      1. If they can't monitor my phone calls than they can't monitor the terrorist buddy who also calls him. If it's a question of wrongfully monitor a couple of Americans or turn a blind eye to formenting terrorist plots, which do you pick?

      2. This is NOT an erosion of my civil liberties. I'm not trading freedom for safety. If you make phone calls to a guy who turns out to be a drug dealer or a mobster and he gets taken down - you best believe they are going to want to know what you talked about. And they (FBI, police, whatever) would have every right to investigate ESPECIALLY if that investigation was limited to your phone calls to the guy in question and other superficially suspicous communications. It's not like NSA was doing warrantless searches of your hard drive (just because I support some police power doesn't mean I think the entire Patriot Act was a good idea). It's not even like the NSA puts a wiretap on you if you call a terrorist - they only monitor your calls outside the US.

      Sure, there is the potential for fear mongering to be used as an excuse to erode civil lliberties. But that doesn't make terrorists stop existing. They are out there, they do want to kill us, we have foiled plots since 9/11, and we need to allow prudent and reasonable additional powers to our defense institutions now just as we have in every single war or national crisis in our history.

      We are becoming our own worst enemy.

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    22. Re:Information Retrieval by bhirsch · · Score: 1

      Everything is legal in the absence of a law prohibiting it. What this has to do with Gitmo, I have no idea. The two are not at all tangential.

    23. Re:Information Retrieval by v_1matst · · Score: 1

      mod parent up! It's nice to see someone without a liberal bias on Slashdot....

    24. Re:Information Retrieval by bhirsch · · Score: 0, Troll
      you bet I'll believe Tice's story.


      Of course you will. Disbelieve whatever the President says and believe whatever his enemies say.
    25. Re:Information Retrieval by Anonymous Coward · · Score: 2, Interesting

      I WANT them to monitor them. ...
      If it's a question of wrongfully monitor a couple of Americans or turn a blind eye to formenting terrorist plots, which do you pick?


      Ask the "terrorist" Jose Padilla.

      Three years in the slammer without a trial and when the case finally gets to the Supreme Court (the second time) the Bush administration slaps some charges on which have nothing to do with what he was being held for. Oh, but even though he's no longer allegedly a terrorist, Bush is still pushing to maintain his enemy combatant label, because without it, what his administration did to the man goes from "probably unconstitutional" to "immoral, unconstitutional, and blatantly illegal".

      Hope you like that solitary confinement, because it has become increasingly apparent that the government has no intention of actually finding the truth.

    26. Re:Information Retrieval by timeOday · · Score: 1

      Are you accusing Valerie Plame of some criminal behavior for which she was outed by someone with no other recourse? You know that's not the case.

    27. Re:Information Retrieval by DarthGregor · · Score: 1
      They can wiretap everyone else in the world but I don't want our government wiretapping us without the usual requisite warrants.

      That is a typically american comment! Get out of this NIMBY syndrome. As long as they don't wiretap you , you're ok with them tapping everyone else in the world. Grow up! Everyone is entitled to some degree of privacy. A guy called Mustafa or Mohammed has the same rights to privacy as a guy named George, even if they live in completely different parts of the world.

    28. Re:Information Retrieval by Anna+Merikin · · Score: 4, Informative

      The Soviets were infamous for declaring dissidents insane and imprisoning them in "hospitals" for "treatment." Think this is not so? Then read Gulag Archepelago.

      Every police state tries this approach.

      Tice is not paranoid; he (and we) have real enemies, and, more and more often, those enemies are in our own government.

    29. Re:Information Retrieval by bhirsch · · Score: 1

      Wake up. The OP was about the news media and was quite accurate on every count.

    30. Re:Information Retrieval by theStorminMormon · · Score: 1

      And this is similar how?

      Look, in every single time of national crisis or war the executive branch has taken on additional emergency powers. We have recovered those civil liberties every single time. Some of those powers have been used correcctly - WW2 drafts and rationing, some questionably - Vietnam drafts - and some manifestly incorrectly - WW2 Japanese internment camps.

      Anyone who kicks and screams that the erosion of civil liberties is automatically a bad thing just reveals their own stupidity and historical ignorance.

      This is a different situation because, unlike Vietnam, WW2, the 70s gas crisis, etc, it's hard to determine what the criteria for the crisis ending would be. This means that there is the potential for the executive branch to extend the usual encroachment of civil liberties to a semi-permenant or permenant status. Furthermore, it's harder to determine who the "enemy" is, and finally there is a the question of how to handle this crisis at all - heavy-handed tactics may alienate allies and aid enemy recruitment.

      What we have before us is a minefield - and to navigate it we need two things that you lack: subtelty and restraint. We don't need a bunch of idiots applauding that an NSA program that may or may not have been illegal and almost undoubtedly rewarded valuable intelligence and possibly saved American lives has been outed for the public - and the terrorists to see.
      r c
      Vietnamese leaders have stated that one of the reasons they were able to keep fighting during the war despite overwhelming American military firepower was the New York Times. The New York Times, student protests, anti-war activists all showed them that they didn't need to beat American forces to win, only to cow the American public. Regardless of the rightness or wrongness of that war American sent a message - our military is unrivalled but our populace has no stomach for fighting. We might as well have stuck a big "kick me" sign on our own back.

      So I'm getting pretty damn tired of partisans who are obviously thrilled at another chance to take Bush down a peg or two. This thing is bigger than party politics and it requires people with a longer view and little less of an immediate agenda.

      We keep this up, and we're still going to be debating stem cell research when the terrorists reduce NYC or D.C. or Puntuky to ashes, or a ghost town. Let's let our defense institutions and executive branches to their job to defend the US and find non-hysterical ways to ensure that our civil liberties are not permenanty curtailed. If you think that they are not going to be curtailed at all, then you simply don't understand either the changes in modern information technology or the current political situation in the world well enough to have anything worthwhile to say anyway.

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    31. Re:Information Retrieval by Ihlosi · · Score: 3, Informative
      Thankfully, most Americans understand that if they have no affiliation with terrorist groups, they have nothing to worry about.

      Sounds very good, but is utterly wrong. Americans have nothing to worry about as long as the authorities do not know, believe or suspect that they (or anyone they have sufficient similarity (like first and last name) with someone who is known, believed or suspected to) have affiliations with groups that are known, believed or suspected to be terrorist groups.

    32. Re:Information Retrieval by c_forq · · Score: 1

      Now, I hope he's prepared to not work there anymore...

      Before he started whistle-blowing he was demoted then fired. He has no job at the NSA to worry about losing, he already lost it before he made these public statements.

      --
      Computers allow humans to make mistakes at the fastest speeds known, with the possible exception of tequila and handguns
    33. Re:Information Retrieval by david_stidolph · · Score: 1

      I would agree with you that I don't really care if the government is listening in on my calls or emails - I really don't think I have anything to hide. Now think about this. The same government that has the ability (and now the existing program) to monitor those calls can: 1. Pick you up without warrent 2. Lock you away without a lawyer or trial 3. Not give you any phone call or tell your family ANYTHING (or just lock them up too) 4. Deny you access to a lawyer or judge 5. Keep you in prison for as long as they like (or move you to a prison in another country) 6. Torture you (physically and mentally) 7. If they ever choose to release you they can forbide you from telling anyone anything upon threat of additional jail time. As far as I can see, all of these have been done by our government in the last few years. With this administration there is no moral high ground. They truly believe that the end justify the means - that what we do does not matter as long as it can possibly help us uncover terrorists (the excuse).

    34. Re:Information Retrieval by Al_Maverick · · Score: 1, Insightful

      You are being lied to about what is beind done. And the evidences suggests that this "war on terrorism" is not being used to fight for freedom but to fill the pockets of the government corporate friends. And, sadly so, the excuse of "we are at war" was used in our case as well. And it is an excuse to commit the worst crimes. As you say, time after time, the democracy regained the taken liberties, but I would hope there should be no need to restrain these liberties in the first place, as it is so easy to abuse power.

    35. Re:Information Retrieval by Qzukk · · Score: 2, Insightful

      On what count? Some guy releases information about a properly conducted, fully legal undercover operation by the CIA, and you're claiming this is exactly equal to some guy releasing information about misconduct by the government and should therefore be labeled the same way?

      Do Republicans even know what it's like to be clean anymore? A few people caught an unplesant odor when Enron folded shortly after top-secret talks with Cheney. Nearly everyone could smell the fish when KBR got no-bid contracts from the government to deal with the middle-east. Now the party smells like rot, thanks to Abramoff. Is having a nasal lobotomy a requirement for being a Republican these days?

      So now a mentally unstable guy leaks lies about the NSA, and the government disavows them as the ranting of a guy off his meds? No? Instead the place stinks to high heaven as the administration dances about "investigating the leak". Just remember, leaking non-classified information about non-existant operations ain't treason.

      And please, take a shower! I know basement-dwelling geeks who reek less than the Republicans.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    36. Re:Information Retrieval by guitaristx · · Score: 1

      Maybe Tice was fired because he wasn't paranoid. I don't know about you, but if I was in charge of hiring and firing at an organization whose purpose is largely spying, I wouldn't want any employees that aren't paranoid.

      "Mr. Tice, you don't suspect the American people of enough wrongdoing. Therefore, you are not sufficienly paranoid for this position. There is a cardboard box waiting in your office for you to carry out your personal effects. Have a nice day."

      --
      I pity the foo that isn't metasyntactic
    37. Re:Information Retrieval by pboulang · · Score: 1
      Don't be an idiot. Nobody is saying that wiretapping should be stopped. What they are saying is that it should be auditable.

      Same thing with black box voting: there needs to be a paper trail.

      --

      This comment is guaranteed*

      *not guaranteed

    38. Re:Information Retrieval by theStorminMormon · · Score: 1

      Right - like I said I'm no friend of the Patriot Act. I'm just pointing out that it's stupid to decry EVERY infringement of civil liberty. That just demonstrates that the person in question is a partisan.

      My best friend is from Iran. I've known him since middle school, and we're still close. We run a small business together. Do I sometimes get worried about what would happen if they picked him up and shipped him, his father, or his mother (or all 3) to guananamo? I do worry - and that's why I wish we had some greater oversight of Bush's actions.

      But at the same time, do you suggest we treat terrorists by civil law? But if we treat them according to the rules of combat they all deserve to get shot without a trial (enemy combatant w/out uniform = spy). Clearly we can't do that either since we're not sure we have the right guys.

      Again, I'm not writing a polemic to tell people how it is. These are complex issues. What I'm saying is that as complex and serious issues they deserve honest discussion - not partisan bickering.

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    39. Re:Information Retrieval by Bob3141592 · · Score: 1

      One thing I've learned from history is that freedom and liberties are often the hardest things to find once you've lost them.

      Which is why it's so important to do more than just discuss it here. Any politician who supports this slaughter of justice and liberties should be voted out of office. Votes can make a difference. The next opportunity comes up in just a few months, and the effort needs to be repeated and reinforced in 2008, and never slacked off. Get involved as much as you can. Write to those who represent you and let them know what you think. Attend town hall meetings if you can. Volunteer for those you support. And if there isn't anyone worthwhile in office, consider running for it yourself. Do whatever you can, but do something.

      Slavery is easy to obtain, and liberty is hard to maintain. And both are more available to us than you might think.

      --
      In theory, there's no difference between theory and practice. In practice, there is.
    40. Re:Information Retrieval by brontus3927 · · Score: 3, Insightful
      Terrorism is the single most overrated threat there is. How many people in the entire world have ever died from a terrorist attack ever? (rough estimate based on wikipedia info ~10,000) How many people died in a car accident in the U.S. last year (in 2002, it was ~48,000)?

      it IS an erosion of civil liberties, because the Bill of Rights specifically grants me freedom from government intrusion of my life unless they have probable cause to believe I committed a crime. The doctrine is innocent UNTIL proven guilty. The NSA wiretapping is guilty by association until proven innocent.

      I'll leave you with a few juicy quotes from one of the founding fathers, by personal hero, Benjamin Franklin.
      No tyrannical society can long exist when it cannot control the flow of information.
      There is no such thing as a good war or a bad peace.
      Whate'ers begun in anger ends in shame.
      Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety
      (commonly attributed to him, but he edited the book in which this line appeared, he did not write it, but based on the fact that he edited and published the book, it surely carried his sentiment.

    41. Re:Information Retrieval by bhirsch · · Score: 1

      Treason requires conspiring with an enemy. This could be considered Sedition. Nonetheless, he is considered a whistle-blower in the mainstream press. Why wasn't Rove called a whistle-blower too?

      How old are you? Do you know anything about the history, even as recently as Clinton, of Presidencies doing things to the American people that are less than favorable? If you really want to play the petty partisan argument game, keep in mind what the great progressive Presidents in America have done: Lincoln, F. R. Roosevelt, Kennedy, and Johnson

      The bottom line is that anyone who leaks national security secrets should be punished to the full extent of the law.

      I took a shower this morning, but thanks for your concern. I suppose you think Clinton was squeaky clean?

    42. Re:Information Retrieval by cgenman · · Score: 1

      No. I would investigate whether or not it is true before buying his story hook, line and sinker. But if America just dismisses this guy because he may or may not have an ulterior motive, then that's sad. He might be insane and seething at his ex-employees. But he can still be right. This wouldn't an investigation against a citizen, but one against a government agency. Investigate, then if it's learned it isn't true, no harm done. Ignore it, and learn it was true, and a lot of harm is done.

      Extraordinary claims require extraordinary proof. Claims that everyone believes already anyway... not so much.

      The NSA is spying in masse on American citizens through paranoid data mining and abuses of that power for non-security reasons are happening? Wasn't this the agency that was monitoring what everyone checked out of the library?

      I'm not saying that this isn't valuable to have come to light, or that this guy isn't courageous. It is really useful to have him come forward, and hopefully this will get as far as an open congressional investigation of the sort the intelligence community has needed for some time.

      However, this isn't exactly a revalation. With Eschelon, subscription DB's, requisitioned phone logs, credit card purchasing history DB's, travel history DB's, requirements for encryption backdoors and system access... If you didn't already believe that this government is spying on its citizens, you haven't been paying attention.

    43. Re:Information Retrieval by Anonymous Coward · · Score: 0
      "He's not going to go to jail because he's (intelligently) not revealed anything classified. He's only saying that this is going on. Now, I hope he's prepared to not work there anymore because I imagine the rest of his career is going to be fairly cold with people treating him like a snitch."

      He already knows that he will not go back into the field (as most folks there make intelligent decisions due to the office 'politics'). Unfortunately, officers usually like their jobs as it's a interdisciplinary, but niche environment. Him being an analyst, he'll likely miss it--really, decent environment, good people, yada, yada.

      Honestly, in TFA, he's just verifies really what everyone has already guess about what the agency is doing today, nothing new here. Just a look at the websites of businesses involved and the job boards around that area and it's clear what technology and motives are being implemented.

    44. Re:Information Retrieval by pboulang · · Score: 1

      Well that certainly narrows down the list of suspect. . .

      --

      This comment is guaranteed*

      *not guaranteed

    45. Re:Information Retrieval by c_forq · · Score: 1

      Everyone is entitled to some degree of privacy.

      I agree with this completely. I believe that degree should be your effects and property (so your house, computer, car, goods, etc.). I don't think you should expect privacy on the telephone (look at the first telephone networks -anyone on the network could listen in) or on e-mail (because again it is so easy to grab off of a network) or basically anything external. I do think the government should have to have a warrant to use any data they collect, but as long as they aren't spying inside of my house, car, computer, or personal effects I don't care. I expect any telephone/internet isn't secure (I do think mail should be secure though, as long as it is a sealed envelope or box, not postcards).

      --
      Computers allow humans to make mistakes at the fastest speeds known, with the possible exception of tequila and handguns
    46. Re:Information Retrieval by Alex+P+Keaton+in+da · · Score: 1

      Um- you don't be an idiot. I was discussing how issues are framed.
      Perception in politics is often more important than reality.
      If you are so blindly unaware of how perception matters, and need to call people idiots, you are an example of the type of people that are easily led by politicians. Thank you for proving my point.

      --
      And All I Ask is a Tall Ship And a Star to Steer Her By
    47. Re:Information Retrieval by plague3106 · · Score: 2, Informative

      Funny, I thought the first amendment protected freedom of association; that just because you talked to a criminal doesn't mean that you are one.

    48. Re:Information Retrieval by pboulang · · Score: 1

      No, I know exactly what you were saying. However, you mischaracterized a view purposely to setup a straw man. It was that transparent argument that I felt was idiotic. Obviously you are a little defensive. let me rephrase: Don't be an idiot and defend positions that aren't being attacked.

      --

      This comment is guaranteed*

      *not guaranteed

    49. Re:Information Retrieval by Anonymous Coward · · Score: 0

      Terrorism is the single most overrated threat there is. How many people in the entire world have ever died from a terrorist attack ever? (rough estimate based on wikipedia info ~10,000) How many people died in a car accident in the U.S. last year (in 2002, it was ~48,000)

      Yeah, we should probably ignore them then. We will take them seriously once they get a nuke and knock out NYC or L.A.

    50. Re:Information Retrieval by theStorminMormon · · Score: 1

      it IS an erosion of civil liberties, because the Bill of Rights specifically grants me freedom from government intrusion of my life unless they have probable cause to believe I committed a crime. The doctrine is innocent UNTIL proven guilty. The NSA wiretapping is guilty by association until proven innocent.

      This is possibly the single worst mangling of American law that I've ever had the misfortune to encounter. How the Hell do you conflate "probably cause" with "guilty until proven innocent"? If you understood the words you just wrote you'd realize that you're arguing against yourself.

      The Bill of Rights does NOT say we have a freedom from gov't intrusion "until proven guilty". That would make it really damn hard to prove someone guilty wouldn't it? You'd have to prove guilt before you could get a warrant. Nice legal system you're imagining for yourself there.

      No, the Bill of Rights says you need "probable cause" which is a lower standard than "until proven guilty". This means that the Bill of Rights INTENDED to allow the gov't to intrude in the live of innocent Americans. It was just providing a framework for when the gov't could intrude on the liberties of American citizens - regardless of guilt or innocence. So it ALLOWS that intrusion. Get that through your thick skull. Probable cause will not always lead to "proven guilty". Sometimes probable cause will result in "just a coincidence". Sometimes it will result in "guilty as hell, but we can't prove it", sometimes it will lead to "obviously innocent". Sometimes it will lead to "innocent, but proven guilty anyway" - the justice system is not perfect. Sometimes the gov't will get a warrant, break down the door in the middle of the night and drag some poor guy to jail, and it'll turn out he's innocent. This doesn't mean the gov't violated his rights. If they had probably cause they were justified and it was legal - even if unfortunate. This may shock you, but the government is made up of people like you and I, and it is not God and we can't expect it to get everything right all the time.

      So the question is: does calling a terrorist and then making international calls give probable cause to listen in on what you say? I'd say yes. And try to keep in mind that even without probable cause the gov't can still intrude on personal liberties for other reasons - like public safety. If you have ebola they sure as hell have the right to quarantine you even though you're innocent of any crime. It's not nice, but it's real life. You should try living their some time.

      Now gettig to your quotes.

      No tyrannical society can long exist when it cannot control the flow of information.

      And...? The NSA leak proves that the US is not tyrannical then.

      There is no such thing as a good war or a bad peace

      Bullshit. And I don't care who said it. Would you have preferred the US sit out WW2? Or would it have been better to have entered the war earlier and tried to save the lives of a few million innocent jews, chinese, koreans, etc? If we'd sat back and allowed Nazis to overrun Europe that would have been a bad peace in my opinion. The thing with war, as in all violence, is that it only takes 1 person to start it, and you can't make all parties stop - in some cases - without resorting to the same tactics. The fact that you're too idealistic to realize this is a good indication that you shouldn't be trusted with politics. You'd hve protested the American Revolution under this rhetoric (kind of makes you a hypocrite for quoting it now). It's self-righteous and self-serving and you can sit on your moral high ground all you like, but in the real world sometimes you have to get a little dirty (like declare war on a couple of nations at the same time) to get a greater good done - and those who will never act except when they sure of their moral superiority have neither moral superiority nor a mandate to lead.

      Whate'ers begun in anger ends in shame.

      ? I don't see t

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    51. Re:Information Retrieval by greg_barton · · Score: 1

      You can call it data mining or information retrieval...

      Hmmmm... Information retrieval... I've heard that somewhere before...

    52. Re:Information Retrieval by theStorminMormon · · Score: 1

      It's not nice to destroy people's fragiley constructed rose-glass images of the world, but sometimes it's necessary. This is just such a case.

      The freedoms of the American nation are all conditional. This may be a shock to you, but it's true. Even the core ones - "life, liberty and the pursuit of happiness" can not be abridged "without due process". That means they CAN be abridged. Believe it or not, this is not a change of the Bush presidency - that's how the document was written.

      Anyone that thinks you can never legally abridge a right from the US Constitution needs to just excuse themselves from the discussion now because there's a chance the rest of us might like to have a discussion about what the Consitution actually does or does not say and how this relates to events happening in the real world.

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    53. Re:Information Retrieval by ibm1130 · · Score: 1

      A few details:

      Tice was fired because he was obssessed with a particular colleague and repeatedly
      accused the colleague ( a visible minority female ) of being an agent of a foreign
      power.

      Tice was apparently not in position where he would have had any visibility of the
      programs he is claiming to out.

      The programs Tice is claiming to have knowledge of are apparently residue from the
      previous administration. I suspect this fact will make the Dhimmicreeps lose interest very quickly particularly if the accusations about Klintoons misuse of NSA
      intercepts to spy on Republicans can be substantiated.

      I expect that the Republicans would like nothing better than to have Messers kennedy and Schumer subpoena Tice to appear before the Senate Justice Committee.

      In short, bring it on.

      IBM

    54. Re:Information Retrieval by jrp2 · · Score: 1

      "I would agree. We are talking about someone who got fired, and THEN decided to "whistle blow" If he reported this first and THEN got fired, then I would be more inclined to believe him. But the fact that he was fired first and afterward decided that he "needed" to report this to a newspaper (as opposed to filing a wrongful dismissal dispute via the legal system) does not speak well to his motives."

      The NYT held the story for a year at the request of the government. That is well known. The whistle was blown (presumably by Tice) at least 6 months before he was determined to be loony and fired. I am sure they figured that out, started the smear campaign to discredit him before this became public.

      As I can put together from the relatively vague information being provided, the timeline is as such:

      - Blew whistle in late 2004
      - Clearance revoked and fired mid-2005

      So, you should should be more inclined to believe him than you are. You are falling into exactly the trap they want you to fall into.

      --
      The only athletic sport I ever mastered was backgammon - Douglas William Jerrold
    55. Re:Information Retrieval by Anonymous Coward · · Score: 0

      Sorry, but that's nothing like what they do. To build the spider webs he is talking about they go to the phone companies and give them a request. The request has a list of phone numbers and dates. They want the SS7 Call Detail Records (Phone's signaling network) or the equibelant IP records in the event VoIP trunks were used. My team has been on the receiving end of many of these requests.

      After the first one they would just come directly to us without showing paperwork or warrants. Our clients (the phone companies like BellSouth, Sprint, Qwest, etc) would simply comply after the first one. After all, big business is typically Republican minded, and slowing things down by verifying warrants each time might be looked at as unfriendly by the administration.

      Sad really, how easily our rights are trampled. EFF and ACLU people!

    56. Re:Information Retrieval by theStorminMormon · · Score: 1

      Oh yeah - one more thing. It's childish to say that something is dangerous based on how many people it has killed.

      1 - Terrorism has killed only a couple thousand americans so far, but how many could it kill if they got a nuke or a biological weapon?

      2 - Sure, only a few thousand are killed - but how many lives in the Middle East and other regions are lived in fear, poverty, and without basic human rights because of terrorism? The POINT of terrorism is to have a greater impact than the body count would indicate. That's like saying "torture isn't a problem because people don't die from it very often". The point of both isn't to kill so much as to terrorize.

      3 - Less people die from child molestation, child prostituion, and human trafficking than from car crashes. Which do you find to be a bigger problem?

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    57. Re:Information Retrieval by plague3106 · · Score: 1

      you're right.. but your own argument is really what this is about. They can't be abbridged WITHOUTH DUE PROCESS. And that is exactly whats going on here.

      Also, I believe you'll find that rights cannot be abbridged at a societal level, they can only be abbridged on an individual, case by case basis.

      Also, right of association is there to save us from a logical fallacy. As I said, just because you've had contact with a criminal does NOT mean that you're a criminal. Its a trap that many police and law enforment agencies fall into, because they are too driven by emotion. Emotion clouds truth and reason, and I don't think its a 'rosy image' to think that this country was a product of the age of reason...

    58. Re:Information Retrieval by Zathrus · · Score: 1

      Disbelieve whatever the President says and believe whatever his enemies say.

      How'd you get there?

      The President of the United States of America has admitted, repeatedly, on approving wire taps without court approval. For over four years now, and in direct contradiction to statements he's made during the same time period.

      I guess if you're a Bush supporter then you'd really like for me to disbelieve what he's saying this time. After all, if he lied about approving the wiretaps then he wouldn't be in direct contradiction of the 4th amendment and SCOTUS rulings. He'd just be lying. That's a lot better than the alternative.

      Sadly, I don't think he was lying.

    59. Re:Information Retrieval by theStorminMormon · · Score: 1

      Right, and I'm not sure if the NSA case abridges due process or not. I think that's for the lawyers to get into. But my take on things is that automated monitoring doesn't abridge rights. If they want to use sophisticated statistical algorithms that have been rigorously and scientifically proven to indicate a greater chance of illegal activity to monitor communication to foreign countries and then use that as a basis to target specific individuals, I have no problem with that.

      I'm not saying that this means the NSA case is OK or not. I want a few thigns in place, mostly oversight by the legislative branch. It's necessary to keep the specifics of the program secret. In fact, it would have been better to keep the whole program secret. As long as it's within the bounds of the Constitution and has Congressional oversight, I'm OK with it.

      And I'm still not sure where you're going with this "guilt by association" thing. Again, if I have been emailing a scam artist, and het gets taken down, and they want to find his entire scam ring, than I expect to be investigated. That's not guily by association - that's just good investigation. Of course there should be a limit. If all I've done is talk to the guy on the street once there's not enough there in my opinion to search my house. But the principle is that associating with a suspect is not enough to make you a suspect but may be enough to get you searched as well.

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    60. Re:Information Retrieval by Anonymous Coward · · Score: 0

      Sure, if they have reason to believe the Iranian takeout place is run by terrorists, sure go ahead tap my phone. I ask one thing though. Take your suspicions to a judge and get him to approve a warrant. That's part of the job of the judiciary, keeping the police powers in check. If you can't convince a judge that you deserve a warrant, then you don't have sufficient reason to be tapping my phone.

    61. Re:Information Retrieval by bhirsch · · Score: 1

      Read the post I responded to for context.

    62. Re:Information Retrieval by Ihlosi · · Score: 1
      Disbelieve whatever the President says ...

      And you would believe 100% of what any politician says ?

      Hint: Honesty doesn't get you anywhere in politics.

    63. Re:Information Retrieval by varith · · Score: 1

      Go figure - an Anonymous Puss^H^H^H^Coward calling somebody a lame pussy.

    64. Re:Information Retrieval by Zathrus · · Score: 1

      I did, and you're still non-sensical.

      And, frankly, it's tiring. How many whistleblowers has the Administration tried to paint as paranoid, out-of-touch, vengeful, etc. now? Why is it that this Administration has so many more of them than previous ones? Reagan, Bush Sr., and Clinton didn't have nearly as many -- although they all had some. And they didn't try to paint every single one of them with the same brush.

      Paul O'Neill. Bunnatine Greenhouse. Richard Clarke. Russell Tice. Jack Spadaro. And that's just a partial list.

      Besides which, just because someone is a whistleblower because they feel that they have been wronged does not mean that their action is wrong. It may make their reason for finally calling attention to the issue less noble or just, but it doesn't change the legalities of the case in question.

    65. Re:Information Retrieval by Dun+Malg · · Score: 1
      Wasn't this the agency that was monitoring what everyone checked out of the library?

      No, that was DHS, and it also wasn't true.

      --
      If a job's not worth doing, it's not worth doing right.
    66. Re:Information Retrieval by Shihar · · Score: 1

      You are right to be concerned with his motives. That said, you should also be concerned with what he is stating happened. Honestly, I don't give two shits if the NSA has a computer listen to what I say and sends up the occasional yellow alert when I talk about CS Source and also realizes that my girlfriends, sisters, friend's brother, cousins' dentist's, son is a terrorist. Any sort of closer look will quickly reveal that I am not a jihadist. What can I saw, I am an engineer. I can't help but appreciate data mining.

      There ARE two things that do worry me about this situation.

      First, this stuff can NOT be used in a normal court of law. If they find out that I might be a drug dealer or a murderer, they should destroy the information without thinking twice. We are talking about the most closed source of the closed source. If I can't have access to it, it damn well better not be used against any American citizen as evidence of any wrong doing. This violates the 5th amendment a dozen different ways and absolutely should not be used in normal criminal proceedings. The only way to ensure that this is done is to have some form of oversight. Yes, I know the NSA doesn't like oversight. Tough shit. If you want to spy on Americans, you need to find yourself a secret and independent oversight from another branch of the government, preferable the judicial branch. This NEEDS oversight.

      Second, this needs to be done in a legal manner. The executive branch absolutely should have had to of gone through the judiciary branch of the government. Again, I don't care if they go through some secret court so long as it is independent of the executive branch. Someone other then the people ordering this needs to sign off on it as being legal. I absolutely do not want the executive branch of the government playing judge and jury in these grey areas. Someone should have had to of sign off on this declaring it legal. If this isn't legal, then the executive branch needs to apply to the legislative branch for these powers.

      We live in a democracy that is built around checks and balances. The true violation here was that Americans had their rights curtailed by the executive branch without having it signed off by another other branch. What they did was clearly in a very grey area of the law, and they decided to play judge and jury in total violation of the principles of checks and balances. This is an exceedingly dangerous precedent to set. I hope that the executive branch has its balls tacked to the wall over this one so that it is made damn clear in the future that if you want to pull this sort of stunt, you have to do it within the law and with checks, balances, and oversight.

    67. Re:Information Retrieval by LilGuy · · Score: 1

      I agree with you on the media spins the politics, but I don't believe people would vote for someone who's actively promoting this kind of wiretapping. Therefore if the Democrats were to use that as part of their platform they would sink miserably. If they WERE elected in that respect, what would cause them to put a stop to the wiretapping? Obviously the people were FOR it because they were elected into office promoting it, so why change positions now, especially with so much pressure from the executive branch to leave it be?

      I will vote (regardless of party) for whomever stands up for what I believe in. I have little faith in any elected official to actually come through on their promises, but at least I will sleep a little easier at night knowing I didn't sacrifice my beliefs.

      --

      You're nothing; like me.
    68. Re:Information Retrieval by bhirsch · · Score: 1

      Then I really can't help you. Tice set himself up as an enemy of the President. The OP said they believed him, but not the President. How was my response nonsensical?

      How are the number of whistleblowers or how the Presidency views them relevant? What makes the media call those who injure the Presidency whistleblowers, while those who help the Presidency are called leakers?

    69. Re:Information Retrieval by lantenon · · Score: 1

      I sure hope Tice gets his wish to reform the intelligence community as to how they handle wiretapping Americans. They can wiretap everyone else in the world but I don't want our government wiretapping us without the usual requisite warrants.

      Beware the slippery slope this line of thinking leads to. As mentioned many times previously in this thread, a give-and-take relationship along with this thinking can give our government the authority to tap us indirectly, by having our allies (who also think this way) tap the citizen and give our government the info. This likely already occurs, but doesn't make it any more "right."

    70. Re:Information Retrieval by Anonymous Coward · · Score: 0

      Umm, a whistle-blower is someone who thinks they see something wrong or illegal going on, and they are blowing the whistle to bring it to everyone's attention. In the alleged Rove/Plame case, I don't know the details to say if he did anything wrong or not, if it was somebody else, etc., but I don't believe in any of the scenarios floating around people are saying "Rove revealed information to point out some injustice that is going on."

      So, that would be why Rove would not be labeled a whistle blower in the media. Its not even necessarily the case of who is the good/bad guy, it is just a matter of the definition of the word whistle-blower.

    71. Re:Information Retrieval by ClaudeVMS · · Score: 0

      The definition of an American is someone who does not receive phone calls from hostile camel jockeys overseas. Personally, it would be better to nuke the middle east from orbit than to have poor lil sissys over here whining about their phone being tapped.

    72. Re:Information Retrieval by Qzukk · · Score: 1

      I suppose you think Clinton was squeaky clean?

      No, but it's clear that you've joined the rest of the bottom-scrapers when you excuse the Republican party's performance based on Clinton's. For best results, I suggest using soap.

      As for my age, I remember a time when I lived in the best damn country in the world. What are the Republicans aiming for this year? Is it "a little better than Saddam's Iraq" or "a little better than China"? I quit getting the newsletter when I dropped out in disgust, so I'm afraid I'm a little out of touch.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    73. Re:Information Retrieval by ClaudeVMS · · Score: 0

      Slashdot is composed of liberal ass clowns that rate all conservative comments as zero.

    74. Re:Information Retrieval by slavemowgli · · Score: 0, Flamebait

      They can wiretap everyone else in the world but I don't want our government wiretapping us without the usual requisite warrants.

      ...because the rest of the world is just foreign pigs, right? I mean, most of them don't even talk English! Can't be anything wrong with spying on those pesky guys; they're probably all terrorists, anyway.

      Seriously, you should really reconsider your personal ethics - as soon as you start looking down on people just because they're foreigners/black/Jews/not Germans/whatever, you have a big problem.

      --
      quidquid latine dictum sit altum videtur.
    75. Re:Information Retrieval by scaryjohn · · Score: 1
      Tice had his security clearance removed and was fired because of psychological concerns.

      But if he's legally insane, he can't be tried for treason / sedition / whatnot. Yet.

      Which is why we gotta frame him for a murder in Texas. Fast.

      --
      One might ask the same about birds. What ARE birds? We just don't know.
    76. Re:Information Retrieval by darjen · · Score: 1, Interesting
      This means that the Bill of Rights INTENDED to allow the gov't to intrude in the live of innocent Americans

      This is an interesting perspective which I haven't though about before. Yet another reason why the Bill of Rights and the Constitution are complete failures in protecting our liberty from tyrannical government.

      The problem with this is, who determines what the limits on this probable cause are? This surely opens up a huge avenue for potential abuse, where the government can give any old reason for spying on their internal political enemies and justify it as probable cause. And don't tell me it's not happening in this case. Anyone who trusts the government to use this power judiciously is the one wearing "rose colored glasses".

      Bullshit. And I don't care who said it. Would you have preferred the US sit out WW2?

      Personally, yes, I would indeed have preferred this. Why should we have been forced to pay for the protection of foreign governments, especially considering that the rich big busineses interests of this country are the ones who really profited? This was Europe's problem. They had plenty of chances to stop Hitler before the problem became uncontrollable, but they didn't.

      Aside from that, war is undeniably the health of the state. It is the way our government continually increases their power over us. The truth is that man has an inherent right to his justly acquired property, and the only probable cause for initiating violence on another person is in self defense if this property is invaded. This basically makes all governments nothing more than a glorified band of murderous robbers. The less power they have over me, the better. The less chance of them surviving, the better. How's that for moral high ground?

    77. Re:Information Retrieval by dclydew · · Score: 1

      Clearly we can't do that either since we're not sure we have the right guys.

      And that, I think, would seem to be the point. We don't know that the guy we captured was a 'terrorist', or a jihadist, or an insurgent, or some Iraqi who got pissed at American boots tramping around his neighborhood, or *gasp* an innocent person.

      In such a situation, I think shooting them without a trial seems foolish... by the same token, waterboarding them, humiliating them, in short, torturing them would seem equally foolish. The Insurgent would appear unlikely to know anything about attacks on America (which is the whole excuse for abuse), the pissed off Iraqi seems to be in the same boat (except he wouldn't even know anything about attacks in Iraq). A jihadist or terrorist might be able to tell us something, but we can't easily seperate them from the others.

      When in doubt, it would appear best to simply act like civil, 21st century human beings. Sure, they may act like 8th century religious loonies... that doesn't mean we have to.

      --
      Get a life, not a lifestyle. - Hikem Bey
    78. Re:Information Retrieval by poot_rootbeer · · Score: 1

      According to Tice, intelligence analysts use the information to develop graphs that resemble spiderwebs linking one suspect's phone number to hundreds or even thousands more.

      And eventually, they will always end up at Kevin Bacon's phone number!

      (filler: it took me too long to realize that the middle word in the headline "NSA Wiretapping Whistleblower" was an adjective, not a verb. That's why many news style guides recommend that a headline should have complete sentence structure, even if the grammar is a little tortured.)

    79. Re:Information Retrieval by Jumper99 · · Score: 1

      ABC News seemed to treat him as pretty psychologically stable.

      And let's not forget how thoroughly the news agencies vet the information given them. Why I bet Dan Rather himself looked at this from every possible angle and gave it his personal blessing. Face it, you don't get the truth from either the government OR from the media any longer. Everyone has an agenda and will bend facts to suit their needs.

      --
      The opinions expressed here are not mine, but those of these dang voices in my head.
    80. Re:Information Retrieval by Keebler71 · · Score: 1
      Tice had been making noises before he got fired. He was one of those pushing for greater congressional protection for whistleblowers. Hint, hint.

      Shortly thereafter, his bosses had him pulled in for a medical exam, where despite having no symptoms, the MO labeled him as suffering from paranoia. This is standard practice in such circles to ensure compliance, and to provide ammo for any subsequent smear campaigns.

      Looks like everyone is jumping to the assumption that this guy was a whistleblower regarding the NSA's collection actions and that that cause the NSA to discredit him by labeling him as paranoid. In looking into it further I found this article that has a timeline that does not support that conclusion. While it appears true that he was making noise earlier in 2002-2003, this was in relation to a co-worker who he suspect was a spy. He reported this, and then started sending emails detailing how imcompetent the FBI was that they couldn't expose his co-worker. It was this behavior that got him labeled as "paranoid" and put him in the light as a whistleblower. There is nothing, at least in that article, to suggest that either his diagnosis, or his disclosures, had anything to do with the ethics of NSA collection practices.

      --
      "It takes considerable knowledge just to realize the extent of your own ignorance." - Thomas Sowell
    81. Re:Information Retrieval by Deadplant · · Score: 1
      They can wiretap everyone else in the world but I don't want our government wiretapping us

      Ya, foreigners aren't real people and shouldn't be treated like they were real people.
      Can you beleive some hippies even think we should keep track of how many of them we kill each year!?!
      Even keeping estimates rounded to the nearest ten thousand would be the first step down a slippery slope. Before you know it americans will start thinking foreigners have souls!
      And we all know america couldn't survive militarity or economically if it had to respect the basic human rights of non-americans.... right?

    82. Re:Information Retrieval by willCode4Beer.com · · Score: 1

      Don't you trust the President?

      Didn't the President of the United States confirm his statements publicly?

      Lets see, he told the papers, the president confirmed. What's the argument again?

      --
      ----- If communism is a system where the government owns business, what do you call a system where business owns govern
    83. Re:Information Retrieval by Max+Threshold · · Score: 1
      "Any politician who supports this slaughter of justice and liberties should be voted out of office."

      Not quite. This is what the Second Amendment is for.

    84. Re:Information Retrieval by idsofmarch · · Score: 1
      I'm deeply confused by your statement "Bush fights terrorism by all means available to him, and he's taking away our civil liberties, even though previous administrations did the same thing." You seem to be indicating that since Clinton's administration--I'm making an assumption--may have acted poorly that Bush's administration is allowed to do the same thing? So, is Bush allowed to have an affair and get a blow job in the Oval Office because the other guy did it? I mean that seems to set up a dangerous precedent. If Bush can have a US citizen kept in custody for 4 years, will a Democratic president be able to do it for 8 or 10 years? Could the next guy just have him hanged, since he doesn't have any rights as a US citizen?

      Secondly, you state that "most Americans understand that if they have no affiliation with terrorist groups, they have nothing to worry about." That's quite the statement of freedom, I mean if it doesn't affect me personally, I don't care. That's really quite brave of you.

      Third, you state "[Bush] in office for less than a year when 9/11 happens, and he's to blame for it, even though previous administrations did nothing about Bin Laden for 8 years." Well, we can ignore that Reagan and Bush I had supported Bin Laden with money and material--including Stinger missiles to shoot down the Russian helicopter gunships that were decimating the mujahideen--and focus on Clinton's inability to get Bin Laden, although he did actually order a launch of cruise missiles. Realizing that Bin Laden was a rising threat, the Clinton administration gave specific information about Bin Laden, and a report released in August stated that Bin Laden wanted to use passenger aircraft to attack targets in Washington D.C. and New York. The Bush administration ignored the previous administration's warnings and we suffered an attack. However, Bush stated that this was a complete and utter surprise that no one had thought of. This was truly a lie.

      Reagan, Bush, and Clinton failed us with regard to Bin Laden, and Bush continues this fine tradition. Republicans should be so proud that their guy is just as corrupt and asinine as anyone else. I salute you sir, for not only ignoring the illegal acts of 'your' guy, but to toss it away as mere piffle because someone did it before. A fine moral stance.

      --
      Anyone who whines about being modded down should be.
    85. Re:Information Retrieval by size1one · · Score: 1
      He was paranoid because he had enemies who could ruin his life in a thousand different ways. He could never know when he was being watched or what they were planning to do about him.

      Were talking about an organization that, if what Tice said is true, has automated spying on millions of people. Its scary to imagine what they could do to someone they've singled out.

    86. Re:Information Retrieval by kbielefe · · Score: 1
      I hope you will let your elected representatives, including the president, know how you feel and not just hope for the ACLU to do what it does. While I respect the basic idea of the ACLU, it has evolved into an extreme liberal organization, with little political influence outside of the left wing.

      On the other hand, this wiretap issue is one of those which even many conservatives who are also moderate civil libertarians (like myself) would be against. For example, the votes on passage of the patriot act reauthorization were highly polarized along party lines. However, largely unnoticed by the media, votes on amendments to increase civil liberty protections in the bill received widespread bipartisan support for the most part. Check out the amendments link (direct link changes) from the THOMAS page for the bill. I personally feel that the amendments sponsored by Mr. Flake, the republican representative from my district, are some of his best work all session.

      With enough public opinion support, some progress on the wiretap issue may be able to be made in the executive and legislative branches, while groups like the ACLU take on what is sure to be a long battle in the judicial. I think at the very least, letting your representatives know how you feel will cause more attention to be placed on explicitly protecting civil liberties the next time Congress votes to authorize use of force.

      --
      This space intentionally left blank.
    87. Re:Information Retrieval by Anonymous Coward · · Score: 0

      Nonetheless, he is considered a whistle-blower in the mainstream press. Why wasn't Rove called a whistle-blower too?

      Well, if we were going to call them the same thing, then they should both be leaks. But, as another AC pointed out, there are special cases of leakers where the leak is about illegal things, and we call those "whistle-blowers".

      Of course, this all assumes that there really is illegal wiretapping going on. If these really are just lies, then we call it "libel" or "slander".

    88. Re:Information Retrieval by theStorminMormon · · Score: 1

      Not so simple. WE, as in you, I and the general public do not know whether or not he's guilty. And there is no way for us to know wheher or not the detainee in question is without blowing up our own intel.

      This isn't just about "I don't want to give away secrets". It's about risking the lives of the few informants and covert operatives we do have. Not only could we lose the lives of Americans and allies in the process, we also lose the chance to get more informants down the road. In order for our intelligence ops to be successful, we can NOT know about them.

      We can't just put on trial the detainees. They'd either be let free from lack of evidence, or we'd cripple our own side by revealing what we know. So what do we do?

      We have to either make the choice to trust our gov't, or we have to decide that our gov't is more dangerous that the terrorists. Personally, I don't like trusting the gov't but to some extent we have no choice. The question is just where to draw the line.

      For me, the NSA case is WAY on the "acceptable" side of the line. It should never have been revealed to the public, the man who did is a traitor (whether he meant to be or not) and it's damaging to the efforts of our men and women in the armed and covered forces to protect this country. This is not a case of rounding up citizens of japenese descent and locking them away - it's a case of monitoring people who fit suspicious behavior to protect this nation.

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    89. Re:Information Retrieval by bhirsch · · Score: 1

      I am excusing nothing. Bottom-scraping would be faulting Bush for doing things that Clinton did. Don't forget that Eschelon and Carnivore began as part ofClinton's policies. Nonetheless, Bush is depicted as the one responsible for them.

      When, in your opinion, was this the best damn country in the world? Do you have any idea what it's like in other countries? Even Western countries like France, where you can go to jail for questioning the validity of the Nuremberg trials? Talk to people who grew up in other countries and lived substantial adult lives there. Don't get your perspective of how the US stacks up against the rest of the world from half-baked Slashdot postings or the 6 o'clock news.

    90. Re:Information Retrieval by jahudabudy · · Score: 1

      What makes the media call those who injure the Presidency whistleblowers, while those who help the Presidency are called leakers?

      The distinction is not "help" vs. "hurt" the President. Leakers are referred to as such b/c the actions they report on are not illegal, but the reporting is. Whistleblowers are referred to as such b/c the actions they report on are illegal, which (generally) offers the person some protection under the law for reporting on these actions (often called Whistleblower protections).

      BTW, I am very curious as to how leaking Valerie Plame's name (I assume that is the "leakers" to which you refer) helped the Presidency?

      --
      ...sometimes, in order to hurt someone very badly, you have to tell that person terrible lies. - PA
    91. Re:Information Retrieval by GodfatherofSoul · · Score: 1

      Posts like this drive me crazy. The parent is basically stating that his only source of news is Rush Limbaugh, Fox News, and Michael Savage and to hell with any other news source out there that reports otherwise.

      Do you understand the difference between "whistleblowing" when you see your government behaving illegally and "leaking" when all you're up to is a political smear?

      Do you realize that whistleblowers outing our government's illegal activity is a good thing?

      Do you realize that preventing our government spying on us with no oversight or limitations is one of the fundamental tenets of our democracy?

      Have you read the bi-partisan 9/11 commission report that details exactly how Clinton took terrorism seriously and that silly politics is what lead Bush and the Republicans to sleep on the Al Qaida threat?

      Do you realize the huge danger to our democracy if you give your executive branch a "by all means available" pass?

      Don't you think it's possible that Bush isn't as great a president as you think he is?

      --
      I swear to God...I swear to God! That is NOT how you treat your human!
    92. Re:Information Retrieval by dfetter · · Score: 1

      I don't believe so, but please feel free to exercise what you imagine are your Second Amendment rights. Maybe you'll get off with life in prison, but I doubt it.

      --
      What part of "A well regulated militia" do you not understand?
    93. Re:Information Retrieval by Coryoth · · Score: 2, Insightful
      Thankfully, most Americans understand that if they have no affiliation with terrorist groups, they have nothing to worry about.

      Sounds very good, but is utterly wrong. Americans have nothing to worry about as long as the authorities do not know, believe or suspect that they (or anyone they have sufficient similarity (like first and last name) with someone who is known, believed or suspected to) have affiliations with groups that are known, believed or suspected to be terrorist groups.


      The real danger is that action such as this sets a precendent. Let's presume for a minute that you're a rabidly loyal Bush fan and can't imagine the current administration doing anything wrong. You should still object to this. Even if we assume that currently the wiretap authority is not being abused in any way shape or form, and that this administration will see to it that they aren't abused, it lays down legal precedent that some future administration can use to justify their own wiretapping which may not be quite so palatable to you. Just imagine: 50 years from now an evil Democrat administration gets in and decides that Republicans are a threat to national security and need to tap all international phone calls from anyone with ties to the Republican party. Unless we obect to what is happening now, there will be perfectly reasonable precendent to allow such a thing to be secretly authorised.

      It's just bad no matter how you cut it. You don't have to object to the current administrations policy, nor believe them capable of abusing their authority to see that.

      Jedidiah.
    94. Re:Information Retrieval by revscat · · Score: 1

      How does this change the importance of the underlying issue? Mounting character attacks against accusers are cute, but they are obvious distractions. Bush broke the law and should be impeached.

    95. Re:Information Retrieval by revscat · · Score: 1
      His story has been confirmed by many others, and you carrying water for Karl Rove does your nation no favors. Bush broke the law. He did not notify the FISA court when he was required by law to do so, even within the 72-hour grace period.

      Support the law, not the party. Come on, man.

    96. Re:Information Retrieval by GreyPoopon · · Score: 1
      Now, I hope he's prepared to not work there anymore because I imagine the rest of his career is going to be fairly cold with people treating him like a snitch.

      The article states that he already no longer works there. He was terminated before the middle of last year. Although he claims the reasons for his termination were the standard ones given over people that don't agree with the administration and are whistleblowers, the whole thing actually throws some doubt over his claims. Therefore, don't get too enamoured with him yet. It could be that much of what he is telling the news media (and Congress) are lies or exaggerations.

      Also, don't leap to conclusions that he's not going to go to jail. Although he may not have revealed any material that was marked as classified, there could very well be some provisions in his contract about methods of operation being classified. Just revealing how and what the NSA is doing could actually land him in jail.

      --

      GreyPoopon
      --
      Why is it I can write insightful comments but can't come up with a clever signature?

    97. Re:Information Retrieval by TubeSteak · · Score: 1

      To be notfunny, the 'temporary' detention facility was called "Camp X-Ray"

      Not sure if they closed/renamed/whatever their 'temporary' facility, but without a doubt, some of those guys were praying for Deliverance.

      --
      [Fuck Beta]
      o0t!
    98. Re:Information Retrieval by Qzukk · · Score: 1

      Bottom-scraping would be faulting Bush for doing things that Clinton did. Don't forget that Eschelon and Carnivore began as part ofClinton's policies.

      They were shitty policies back then, and they still are now since they didn't leave the whitehouse with him. When I say bottom-scraping, I'm talking about how for the past several presidents, from BOTH major parties, nobody has demanded that each president perform better than the last. Soon, we'll hit the bottom of the barrel.

      So yes, I am faulting Bush for doing the same things that Clinton did, because I expect and demand better from my leaders.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    99. Re:Information Retrieval by nobody69 · · Score: 1

      President Bush has admitted that the government has used, and is still using, wiretaps without getting even the retroactive warrants that FISA requires. President Bush had denied that such wiretaps were taking place previously, and only admitted that were happening when the story became public. Since this was the main point of Tice's story, I will tend to believe him over a professional politician.
       
      Additionally, if my job involved ignoring the Constitution, my morale would probably go into the toilet, and lead to 'pschological concerns' at work as well.

      --
      "Bugger this, I want a better world." - Jenny Sparks
    100. Re:Information Retrieval by bhirsch · · Score: 1

      Were you as outraged when Clinton did it? IIRC, The NY Times ran editorial saying he was on the right track with his intelligence policies, even if they didn't sit well.

    101. Re:Information Retrieval by TubeSteak · · Score: 1
      It's sad that misinformation persists.

      It's one of the reasons I find "talking points" (from either side) to be somewhat irresponsible.

      Valery Plame was undercover because the CIA said so .

      Nobody else gets to make that decision but her bosses at the CIA.



      Anyways, to bring it back ontopic: The only spin that can be put on this story is to say the guy is crazy.

      Nobody can refute his claims, because he is talking about the type of secrets that don't usually get run past Congressmen or Senators for approval.

      TS/SI/SCI = Top Secret/Special Intelligence/Sensitive Compartmented Information
      SAPs = Special Access Programs

      --
      [Fuck Beta]
      o0t!
    102. Re:Information Retrieval by nobody69 · · Score: 1

      You complain about the wiretapping, but you are obviously unaware of history. Please investigate Johnson during the Vietnam War, Roosevelt during WWII and Lincoln during the Civil War.
       
      When Lincoln suspended habeas corpus during the US Civil War he did so publicly, which Bush didn't do with the wiretapping, preferring to not let the public know until he got cuaght with his hand in the cookie jar.
       
      When Lincoln suspended habeas corpus during the US Civil War, he went to Congress (albeit in 1863) and got them to pass a law specifically authorizing suspension of habeas corpus, which Bush didn't do with the wiretapping, preferring to exercise his power without democratic checks and balances.
       
      When Lincoln went to Congress to authorize the suspension of habeas corpus, a deadline was put into the authorization so habeas corpus would resume eventually, which Bush didn't do with the wiretapping, preferring to secretly and open endedly violate civil rights.

      When Lincoln suspended habeas corpus, he actually had explicit constitutional authority to do so (Section 9, 2nd paragraph - "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."), which Bush doesn't have with the wiretapping, preferring to expand his executive powers by doing whatever he wants.
       

      --
      "Bugger this, I want a better world." - Jenny Sparks
    103. Re:Information Retrieval by dclydew · · Score: 1

      Citizens like you cause me to fear for the future of this nation. I do not disagree with your right to the above opinion, and I understand the point of view. It is however, one that I fervently hope does not prevail in any nation in which I reside.

      --
      Get a life, not a lifestyle. - Hikem Bey
    104. Re:Information Retrieval by Kazoo+the+Clown · · Score: 1

      Based on this Al-Quaeda can just start calling everyone in the US and our government will be completely consumed by their own rampant paranoia...

    105. Re:Information Retrieval by nobody69 · · Score: 1

      For me, the NSA case is WAY on the "acceptable" side of the line. It should never have been revealed to the public, the man who did is a traitor (whether he meant to be or not) and it's damaging to the efforts of our men and women in the armed and covered forces to protect this country....
       
      If by 'the NSA case' you mean the wiretaps, why shouldn't the fact that the government is using wiretaps be revealed to the public? I figured that there were wiretaps being used and I'm just some guy who used to read a lot of Tom Clancy. I'm guessing that everyone who has any connection to counter-terror efforts knew that there were wiretaps being used, too. And by any connection I mean military, law enforcement, journalists and, of course, the terrorists themselves. So unless you didn't think the terrorists knew the US government could use wiretaps on them, you must be talking about the fact that there no warrants obtained for these wiretaps. Any terrorists out there don't really care about whether or not there are warrants for the wiretaps. Why? The warrants only become an issue if you go to trial, which can only happen after you get caught, which means you have screwed up. They probably assumed (correctly, as it turns out) that Bush was lying when he said that we don't tap phones without warrants. So what has Tice done to deserve being called a traitor? Apparently he revealed that President Bush lied to his citizens.

      --
      "Bugger this, I want a better world." - Jenny Sparks
    106. Re:Information Retrieval by Ungrounded+Lightning · · Score: 1

      Tice had his security clearance removed and was fired because of psychological concerns.

      As I recall, they pulled the same thing on the guy who released "The Pentagon Papers" back in the Vietnam era.

      When Tice was asked about this claim he laughed it off and said that it is SOP to throw the fruitcake at anyone who might expose company problems.

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    107. Re:Information Retrieval by einhverfr · · Score: 1

      Everything is legal in the absence of a law prohibiting it.

      For the citizens, yes. For the government, no. IANAL, but I thought our Constitution provided for certain enumerated powers for the Federal Government.

      --

      LedgerSMB: Open source Accounting/ERP
    108. Re:Information Retrieval by bhirsch · · Score: 1

      It put her husband in the spot light after he lied in a Senate intelligence report.

    109. Re:Information Retrieval by bhirsch · · Score: 1

      Quite true. But, keep in mind who won the Civil War ;)

    110. Re:Information Retrieval by Sylver+Dragon · · Score: 1

      the Bill of Rights says you need "probable cause" which is a lower standard than "until proven guilty".

      No, what the Constitution says is:
      Amendment IV
      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.

      Which is below the "until proven guilty" requirement, but still higher than the "probable cause" level. In order for the government to do some sort of search and seizure, they have to get a warrant. Now, this has been construed to allow an officer to do something if there is an imminent threat or obvious violation; however, I think you would have a hard time arguing that making a call outside the US constitutes an imminent threat. Beyond that, we also have the FISA court which is allowed to retroactively issue warrants. Why do we need warrantless wiretaps? Why is the executive branch so keen to hide its activities from the judical branch? Our government is the one place where I am willing to agree with the statement: If you have nothing to fear you have nothing to hide.

      does calling a terrorist and then making international calls give probable cause to listen in on what you say? I'd say yes.

      I'm glad you think so, but I'd much rather it was a judge making that decision, even if retroactivly in a FISA court. Serioiusly, if the government has a good reason to wiretap you, a judge isn't going to stop them. He will, however, provide some level of oversight so the system isn't abused. Is it perfect? No, but it's a far sight better than some unaccountable group making decisions on its own.
      In case any reader has missed it at this point, I don't mind the NSA/FBI/police doing wiretaps on people, what I mind is them doing wiretaps on people without any oversight. This is the reason behind the idea of "seperation of powers", hopefully you won't get all three branches of the government working together to create a tyranny. I would also argue that this is why the framers set up a system with strong state rights and a weak federal government, the more spread out power is, the harder it is to abuse. Of course, that system died with the civil war, but I digress. While it is necessary to try to stop terrorists, can we at least make sure that it is done with more than one branch of the government watching, preferrably all three?

      --
      Necessity is the mother of invention.
      Laziness is the father.
    111. Re:Information Retrieval by StikyPad · · Score: 1

      First they came for the terrorists, and I said nothing because I'm an overused cliche.

      But the point remains that it's a bad precedent. The US was founded on the idea that government cannot be trusted with unchecked authority, as demonstrated by every government in history, ever.

      Don't you get it? Such grievances almost always start out with legitimate (or pseudo-legitimate) purposes. Tyrants rarely say, "F all of you, we're taking over." Look at Chavez in Venezuela. He has popular support because he has improved things. Every action is always claimed (and perhaps demonstrated) to be for the good of the people.

      It's not that it's not possible to have a good leader who has unchecked power -- there were plenty of good emperors, monarchs, and pharohs -- but, inevitably there will be a not-so-good tyrant, or even just a misguided tyrant. Whether you believe Bush is good or bad is largely irrelevant.

    112. Re:Information Retrieval by StikyPad · · Score: 1

      1 - Terrorism has killed only a couple thousand americans so far, but how many could it kill if they got a nuke or a biological weapon?

      Lots. But if you're not willing to die for freedom, then you're not free anyway. Once reasonable precautions become unreasonable, they're unreasonable, period. Ends do not justify means.

      2 - Sure, only a few thousand are killed - but how many lives in the Middle East and other regions are lived in fear, poverty, and without basic human rights because of terrorism?

      Because of terrorism or because of bad government? Isreal deals with terrorism on a fairly regular basis, but they don't seem particularly impoverished or lacking in the human rights department (relative to some of their neighbors). Living in fear is a personal choice.

      The POINT of terrorism is to have a greater impact than the body count would indicate.

      Exactly, so why are we playing into their hands by overreacting?

      3 - Less people die from child molestation, child prostituion, and human trafficking than from car crashes. Which do you find to be a bigger problem?

      But more people die from heart disease than all of the above.

      The underlying question is: What's more important, being alive or quality of life? I would argue that it's quality of life, and based on your questions/arguments, I'd venture to say that you agree. If quality of life is more important, then it follows that we should devote a greater proportion of our resources toward things that further that goal. If vain/irrational/unreasonable attempts to prevent a few people from dying (yes, even if it's my sister, wife, daughter, or whatever) are more important, then by all means, let's continue with what we're doing.

      Reasonable measures include mandatory international multilateral monitoring of the production and distribution of CBR weapons. Reasonable measures include the use of force to counter a clear and determined attack in progress (not one that may occur at some undefinable vague point in the future). Reasonable measures include undermining the power and credibility of terrorist organizations by taking action to demonstrate that we are not an evil empire, which would, naturally, require us to do things that are not evil, perhaps even things that are good. In order to counter an argument that we are evil, we need demonstrable evidence to the contrary; something we are sorely lacking in many parts of the world. "No we're not, and we'll take action against anyone who says otherwise," is not a very convincing argument.

      Reasonable measures do not include attempting to identify and eliminate any possible threat, because a) that's simply not possible, and b) it breeds discontent. The downfall of communism did not win the cold war. The US did not win the cold war. Decades of not attacking the other side won the war, and peace was the victor. Granted, we were attacked on 9/11, but not by the people we're fighting now, unless you have some sort of evidence that the world isn't aware of.

    113. Re:Information Retrieval by Qzukk · · Score: 1

      Why yes I was, and I can remember most of slashdot being up in arms about it too, with new stories on a regular basis about echelon and carnivore when their existance was "discovered". Hell, I remember how people would sit around and send emails to each other consisting of "bomb bomb bomb president bomb bomb bomb bomb bomb bomb bomb".

      Can you just not conceive that people might care more about the freedom and liberties that the Constitution promises to all Americans (yes, even the "bad" ones like Padilla) than they do about whatever flavor-of-the-session lies we get from people desperate to win a popularity contest?

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    114. Re:Information Retrieval by ScentCone · · Score: 1

      Terrorism is the single most overrated threat there is. How many people in the entire world have ever died from a terrorist attack ever?

      Sorry, man, but you're missing the larger picture. How many businesses were ruined in the months following 9/11? How many jobs, and benefits, and careers lost or ruined? How many retirement accounts trashed when various stocks tanked? How about the staggering loss in personal, family, educational, and on-the-job productivity because of fear, stress, and distraction? How many dollars spent by schools, counties, cities, states... taxpayers everywhere, because of this threat? The economic impact - in the countless billions - impacts everything that the country is and does. But that's still nothing compared the thousands of families ruined. If you knew any of them, or know people that did, you'd have a different take on it.

      All that being said... how about if the next thing that happens includes something not all that physically damaging, but which will Completely Freak People Out. You know, something bio, or something radiological in half a dozen cities at the same time. Can you think through the implications for day to day life for millions of people? Direct bodily harm from a terrorist (so far) is indeed less of a blow than that from drunk drivers... but it's not actually the direct harm that terrorists seek to inflict. Ask the people in Madrid, or Bali, or Israel, or Egypt, or Jordan.

      --
      Don't disappoint your bird dog. Go to the range.
    115. Re:Information Retrieval by theStorminMormon · · Score: 1

      No offense taken. I feel the same way about you. :-)

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    116. Re:Information Retrieval by theStorminMormon · · Score: 1

      I'm confused, if according to you it's common sense that there are wire taps, than it shouldn't matter if they are public or not - everyone knows about them. Judging by the outcry, however, a lot of people thought that American citizens were off limits. Meaning the terrorist may have had a false sense of security. Now they don't. That's the problem I see with it.

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    117. Re:Information Retrieval by theStorminMormon · · Score: 1

      1 - You're nitpicking. All I'm saying is it doesn't rise to the standard of proving guilt. That's the point.

      2 - You can't always wait around for a judge. And sometimes for secrecy reasons it easier not to. It's that simple. In regular times - go with a judge, in emergencies maybe not.

      But in general I totally agree - there should be oversight. And unless I'm mistaken there WAS congressional oversite of the NSA taps. I don't want the FBI/NSA/CIA running amok with utterly no oversite anymore than you do.

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    118. Re:Information Retrieval by theStorminMormon · · Score: 1

      1. "if you're not willing to die..." blah blah blah.

      Look, in real life we trade freedom for safety. That's pretty much the definition of gov't. It sounds nice to make sweeping pronouncements about dying for freedom, but in practice you're probably not any more against rule by law than I am. So quit acting like there's some qualitative difference between the two of us. It's just a question of where to draw the line. And I will never trust someone to draw the line that thinks there is no line - which is what cute quotes like that reveal about you.

      2. because of terrorism. Hamas is actually a very good organization - except when they blow stuff up. Isreal is a reasonably free country - except when it comes to try and stop aforementioned Hamas from blowing stuff up. So yeah - I'd say it comes down to terrorism screwing stuff up.

      3. Please don't get me started on quality of life issues. Look - you made it seem like all that determined seriousness was the body count. I proved that's not true. It's impressive mental judo to act like that was your position all along, but you were the one that used body count as an indicator of seriouosness to begin with, not me.

      And if you think we can defend ourselves from terrorist nations by showing "we are not an evil empire" than you'd do more good selling them somem of what your smoking than anything else. Look, PART of what we need to do is admit past mistakes, try to correct them, and do more outreach to moderate Muslims. But we have to do that in a context of strength. This isn't about machismo. It's the same principle as negotiating with hostage takers. Once you do it once you may save one life but you endanger hundreds more by sending the message "taking hostages works on us".

      For the same reason Vietnam is an utter disaster. We demonstrated "if our media shows pictures of dead Americans, we'll quit even if we're winning". Same thing happening in Iraq now. Regardless of whether we should have gone in or not, the divisiveness at home fuels terrorism more than any past foreign policy mistakes. Because terrorists don't really need motives for what they do, but they do need to believe it works or they'll try something else. Displaying weakness to a predator is just stupid. This is something liberals either don't get - or would rather ignore for short-term partisan gain.

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    119. Re:Information Retrieval by StikyPad · · Score: 1

      Look - you made it seem like all that determined seriousness was the body count.

      That wasn't me.

    120. Re:Information Retrieval by Max+Threshold · · Score: 1
      I suppose it depends who wins. The Founding Fathers were just a bunch of terrorists until they won.

      BTW... how well a militia is "regulated" (uniformly equipped and trained) still matters, but not as much as it once did. In the modern age of firearm registration, an unregulated militia may be more effective in preserving the security of a free State.

    121. Re:Information Retrieval by cold+fjord · · Score: 1
      Tice had been making noises before he got fired. He was one of those pushing for greater congressional protection for whistleblowers. Hint, hint.

      If he wanted to be a whistle blower, he should have gone to the Inspector General, or the proper Congressional committee directly. Hint Hint. That way, if it turned out that those operations were, say, actually legal and part of the President's powers, the operations wouldn't be exposed and our enemies alerted to their exposure. What he actually did was alert our enemies to their vulnerability, cause a political firestorm in the US that is likely to impede future legitimate operations, and put him in the position of seeming to be a "hero" to the uninformed. It is almost as if he had bad judgement, or maybe a complex...

      Shortly thereafter, his bosses had him pulled in for a medical exam, where despite having no symptoms, the MO labeled him as suffering from paranoia. This is standard practice in such circles to ensure compliance, and to provide ammo for any subsequent smear campaigns.

      Of course. There has never been a member of the intelligence community who betrayed the confidence of the United States, is there? Who could imagine anyone in governmnet service betraying their country, especially now?

      By the way, you do have a link to a reputable source showing there was no problem, right?

      Just because you're paranoid doesn't mean you aren't doing anything wrong to attract attention.

      It's like this. Anyone who believes that the NSA was not spying on their own country, is the real mentally unstable individual.

      You should go back and read the articles on this matter again. NSA was not "spying on their own country", they were conducting surveillance on people in the United States communicating with, well, radical Islamist terrorists who want to overthrow Western civilization and install a world-wide Islamic government*. That is a subtle point to be sure, but an important one. What amazes me is that so many people get it wrong.
      Here's what happened. After 9/11, authorities found a bunch of e-mail addresses and phone numbers in the phones and computers of confirmed terrorists. They tracked down those leads. Most of the people the NSA started eavesdropping on -- about 7,000 -- lived overseas, and their phone calls were to other foreigners living abroad. But, according to Risen's book, "about 500 people" living in the U.S. who were in contact with suspected terrorists had their communications tapped. Risen calls this "large-scale" spying on the American people even though, as the Weekly Standard recently noted, this constitutes "1.7 ten-thousandths of 1 percent of the U.S. population."


      Oh wow, theres a book too? Do you suppose the way this has been released was orchestrated to support book sales?

      *You don't have to rely on this link. This information isn't hard to find if you are interested in the facts.
      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    122. Re:Information Retrieval by StikyPad · · Score: 1

      Look, in real life we trade freedom for safety. That's pretty much the definition of gov't. It sounds nice to make sweeping pronouncements about dying for freedom, but in practice you're probably not any more against rule by law than I am. So quit acting like there's some qualitative difference between the two of us. It's just a question of where to draw the line. And I will never trust someone to draw the line that thinks there is no line - which is what cute quotes like that reveal about you.

      So there's no qualitative difference between us, but you don't trust me? That makes sense.

      Of course I'm not against rule by law. BY LAW. Not by arbitrary decisions of someone who feels they're above the law. Further, I don't think our current set of laws is lacking when it comes to providing adequate and reasonable protections. You could try to change the law, of course, but you've got an awful lot of people to convince. If you're successful, then I'll honor the law then too, just like I do now.

      Am I willing to die for our liberty? Well, I can say I am, and I served in the military, so that's some evidence that I am, but if you don't believe me, there's nothing I can really do to convince you.

      2. because of terrorism. Hamas is actually a very good organization - except when they blow stuff up. Isreal is a reasonably free country - except when it comes to try and stop aforementioned Hamas from blowing stuff up. So yeah - I'd say it comes down to terrorism screwing stuff up.

      So if terrorism is the cause of all of the mid-east's problems, then we had no reason to get rid of Saddam. I hate to call BS, but.. I call BS. Look, terrorism is just a fear-monger's word for murder. It's not terrorism if we don't let it terrorize us. Are you terrified that you're going to get shot in a driveby, or killed in a car crash, or a natural disaster? No.. there's simply no point in being fearful because shit happens. Sometimes terrorists make a lot of shit happen at once, but overall it's nothing to get our panties in a bunch about. We prevent what we can with the lawful methods we have in place, bring them to justice when we can, and suck it up when we can't. Period.

      3. Please don't get me started on quality of life issues. Look - you made it seem like all that determined seriousness was the body count. I proved that's not true. It's impressive mental judo to act like that was your position all along, but you were the one that used body count as an indicator of seriouosness to begin with, not me.

      That wasn't me, that was one of the GPs. My point is that terrorism's only threat is a body count, and fear. Body counts are and always will be somewhat out of our control, but letting fear dictate our actions is a choice.

      Look, PART of what we need to do is admit past mistakes, try to correct them, and do more outreach to moderate Muslims. But we have to do that in a context of strength. This isn't about machismo. It's the same principle as negotiating with hostage takers. Once you do it once you may save one life but you endanger hundreds more by sending the message "taking hostages works on us".

      I don't disagree, and I'm not arguing that we should negotiate with terrorists. Afghanistan was a perfectly reasonable response. Iraq was not. Likewise, invading Iran would not be. Preemptive action might prevent a present threat, but it does nothing to deter, and often incites, future threats.

      Same thing is happening in Iraq now. Regardless of whether we should have gone in or not, the divisiveness at home fuels terrorism more than any past foreign policy mistakes. Because terrorists don't really need motives for what they do, but they do need to believe it works or they'll try something else. Displaying weakness to a predator is just stupid. This is something liberals either don't get - or would rather ignore for short-term partisan gain.

      Bill O'Reilly? Is that you? Sorry bud, but we're already pulling out of Iraq. Why is it you think we should stay exactly? A) There were not WMDs. B) Saddam's regime has been removed, C) it's not our responsibility to run other people's country, and D) Terrorism cannot be eradicated, unless you know something I don't?

    123. Re:Information Retrieval by theStorminMormon · · Score: 1

      1. I'm not saying you wouldn't die for liberty. I was pulling the rug out from underneath your stance as being the one who would die for liberty as opposed to me. You have to understand - I'm in favor of liberty and I'm in favor of rule by law. This is a thread started by a topic regarding NSA wiretapping. I consider that NSA wiretapping NOT to impinge on civil liberties AND to be within the context of rule by law. It's not a thread about the Patriot Act and/or the war in Iraq - you shouldn't assume my endorsement of any one automatically implies endorsement of the othe rtwo.

      2. It's not terrorism if we don't let it terrorize us.

      True in theory, but a lot easier for us to say in America than for people who live with it everyday to say. There's a big difference between a drive-by shooting and a suicide bomber who looks for crowds to blow himself up in. Theoretically we could just refuse to be intimidated - but regardless of how we feel about it I think the right action is to fight against it.

      We prevent what we can with the lawful methods we have in place, bring them to justice when we can, and suck it up when we can't. Period.

      This seems incredibly naive to me. When the state prosecutes a criminal it relies on rule of law for two reasons: 1 - there are always criminals (so abandoning rule of law to go after criminials means abandoning laws period) 2 - criminals have no power to overthrow the gov't at large.

      But in war "rule by law" changes. It's still rule by law, the constitution still holds - but the laws are different and the specific available powers can change. You make it sound like we need to prosecute terrorists. I disagree - I think we need to fight terrorists. You can easily apply traditional anti-crime laws but they will be ineffectual. Applying war standards is tricky - but we need to figure out how to do that and do it. I don't think we have correctly done that so far, but going back to law-enforcement to fight terrorism is simply unacceptable and unnecessary. A foreign enemy (that may have some native agents) wants us dead, why treat it like a domestic or international crime syndicate?

      3. My bads. Bad habit of me not to remember all the names of people I'm debating with at once.

      4. Yikes - I've been called Bill O'Reilley - *shudder*. Look, it's not like we ever intended to stay there forever. I mean, conspiracy theorists might suppose that we did, but it was always the stated mission: go in, topple Saddam, set up new gov't, withdraw as they gain self-sufficiency.

      So the fact that we're announcing likely troop reductions means one of two things: Iraqi's are genuinely standing up to take over security or popular pressure is forcing Bush's hand. When I say "we shouldn't pull out" I don't mean ever - I just mean before Iraq can stand alone.

      Look, WMD was always a "straw that broke the camels back". Would WMD have been enough to invade Iraq if Saddam hadn't been a ruthless dictator who liked to murder and rape his own people while he took pot shots at American fighters? No. But did the neo-cons want an excuse to invade Iraq and "finish the job"? They certainly did. So was the whole WMD thing a bit of a front? It certainly was. I'm not a Bush advocate, I can see the truth as clearly as anyone.

      But the idea that the war was for oil is simplistic - although partially true. Bush didn't invade for revenge on the plot to kill his father, he invaded because all of his closest advisors are hard-line neo-cons. Neo-con philosphy involves proactive use of force to "fix" internationl problems (as opposed to the more isolationist tendencies of traditional conservatives). Iraq was seen as a perfect pet project. There was really no way to screw the country up worse than it was screwed up (they thought - turns out we managed to do it anyway) and if it could be turned into a modern, secular democracy/republic it would become a beacon of stability in the Middle East. It's actually an extremely bungled attempt to emp

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    124. Re:Information Retrieval by brontus3927 · · Score: 1
      All that being said... how about if the next thing that happens includes something not all that physically damaging, but which will Completely Freak People Out.

      You mean like the government saying there's an elevated risk of a terror attack?

    125. Re:Information Retrieval by ScentCone · · Score: 1

      You mean like the government saying there's an elevated risk of a terror attack?

      No, people have taken that in stride. I'm talking about people glued to CNN watching people who got showered with cesium being hosed down on a Wall Street sidewalk, or maybe three or four simultaneous events like what happened at that school in Beslan, Russia... that would, indeed, Completely Freak People Out.

      --
      Don't disappoint your bird dog. Go to the range.
    126. Re:Information Retrieval by Sylver+Dragon · · Score: 1

      1 - You're nitpicking. All I'm saying is it doesn't rise to the standard of proving guilt. That's the point.

      Well enough, I just didn't want to end up with the requirement being little more than gut insticnt. A warrant is a constitutional requirement for search and seizure.

      2 - You can't always wait around for a judge. And sometimes for secrecy reasons it easier not to. It's that simple. In regular times - go with a judge, in emergencies maybe not.

      You're right, you can't always wait for a judge. You can, however, ask one to authorize your actions after the fact. This is a large part of what the FISA court does. If the FBI/NSA/etc. need to setup a wiretap with secrecy and speed, the law allows for that; however, within 72 hours of doing so they have to take it before the FISA court and get them to sign off on it. It's not exactly a cumbersome process, the agnecy can get the wiretap going and send a lacky over to the FISA court to review it. The FISA court is essentially secret. They do have to report to congress (checks and balances at work), but case information is kept secret.
      As for the congressional oversight in this case, even some of the congress members who were informed have complained about it. For example:
      Democratic Senator John D Rockefeller, vice chairman of the Senate Intelligence Committee, has written to Vice President Dick Cheney complaining that the briefings are inadequate. He said that "given the security restrictions associated with this information, and my inability to consult staff or counsel on my own, I feel unable to fully evaluate, much less endorse these activities."[1]

      This was a rather blatant attempt to circumvent judicial oversight, which has long been required for wiretaps. There was no reason for it, other than to avoid having requests turned down.

      --
      Necessity is the mother of invention.
      Laziness is the father.
    127. Re:Information Retrieval by plague3106 · · Score: 1

      It doesn't matter if its an algorthm or a person doing the monitoring; any monitoring (i.e., invasion of privacy, or if you like, warrantless search) is a breach of the consitituion if the monitoring affects someone that the state has not obtained a warrant to investigate.

      Its pretty clear that the NSA wiretaps without a warrant violate due process. Getting a warrant for a wiretap (or any other kind of search) is exactly what due process is all about.

      You may have emailed a scam artist because you were caught up in the scam, or maybe you were part of it. Good investigation would not be to investigate everyone the scam artist was in contact with.. that would waste alot of time checking dead end leads. A good investigation would be to figure out who appears to be involved.

      Also the ability of the state to conduct an investigation must be weighted against a person's right to due process and privacy. You can't look at investigations in a vaccuum, you always have to consider an individuals rights as well; the Constitution was setup to protect exactly those rights (rights of the government have traditionally never needed protection.)

    128. Re:Information Retrieval by theStorminMormon · · Score: 1

      I disagree that it doesn't matter if an algorithm or a person is doing the monitoring. It's not clear to me that it's an invasion of privacy unless some PERSON has access to the info.

      As far as the scam thing goes - you say it would be bad investigation to check out every contact of the scammer, but the only reason you give is efficiency. So that's not a very good example to apply to our argument, because to my knowledge the NSA has pleny of spare resources to monitor extra calls. It's what they do.

      Regarding state's ability to investigate vs. individual right to due process and privacy I'm not really sure why you're even bringing this up. That's like reminding me in a discussion about taxes that it's not just about money the gov't gets - it's also about people paying the money. Well duh - otherwise we wouldn't be talking.

      Do people actually still READ threads for articles this old?

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    129. Re:Information Retrieval by plague3106 · · Score: 1

      The automated monitoring allows a person to access the data; it wouldn't be very useful otherwise. I think its enough that a person could access the data; I doubt very much they would need to enter a warrant id or something similar before the program allows them access.

      I don't give the only reason as efficiency; I mentioned that individual rights are important because I interpereted your comment on good investigative techique to mean that you believe the ends justified the means. Sorry if I mis-interperated.

      So I guess the question is, if there's a question on the legality of the warrantless wiretaps, why doesn't the NSA just get the warrants? Surely it doesn't add an unreasonable burden, and there'd be no contraversy either.

      I believe the answer is because the NSA (and Bush administration) know that its illegal, but simply don't care.

    130. Re:Information Retrieval by theStorminMormon · · Score: 1

      As for the automated data - this is how it works (in my theory). That automated system is put in place and fed tons of data. It only spits out those individuals who fit the heuristics. This establishes probable cause without violating privacy. Then you use that probable cause (with or without warrant) to read the calls of the targetted individuals.

      Of course, you need to get oversight of the design and implementation of the heuristic algorithms. But that's the theory.

      As for "why doesn't the NSA just get the warrants" I have two responses. My gut reaction is that I hate it when the bad guys get away on a warrant technicality. In general I'm more worried about that then about my own privacy being violated. And that's when the bad guys in question are maybe murders, rapists or thieves - not terrorists trying to take out entire buildings/monumemnts/cities.

      But that guy reaction doesn't cut it. You have to draw the line somewhere, and innocent until proven guilty is our cherished tradition that needs respect. But you add that getting a warrant "doesn't add an unreasonable burden" - and I think that's what it all hinges on.

      If I'm convinced that there was no unreasonable burden - then I'm with you. But what I believe is that getting those warrants WAS proving to be an "unreasonable burden".

      The truth of that may never come out, or it may come out during the hearings.

      I hope we'll see.

      -nathaniel

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    131. Re:Information Retrieval by plague3106 · · Score: 1

      I think there's a hole in your automated datamining; you'd need probable cause to get the warrant to make the tap legal in the first place. What you've just setup is a system where warrants aren't needed at all. The police (using another example) could break into your house, find something that looks suspicious, and then get a warrant.. but at that point, what purpose does the warrant serve?

      I agree that it sucks when a criminal gets off on a technicality, but I'm sure the framers thought of that possiblitity and believed it was better to let a guilty man go than allow the violation of an innocent man's rights. I assume they felt this way because those violates were servere in nature, and if they were so severe 200 years ago that the framers felt we needed protection from our own government, I would think that violations of rights would have even more severe consequences today, because of what technology allows for.

      To your second point, terrorists killing thousands... well the Crusades had a pretty high body count too, and interestingly enough, the framers themselves were called terrorists as well, as much of the fighting was done using gurella techniques.

      I think it boils down to that often stated, but perhaps misunderstood slogan, freedom isn't free. In a free society, you do have a price to pay; eternal vigalence against tyranny, but also that innocent people in that society may become victums of those that would cause harm.

      I guess unreasonable depends on your definition; your claim is that it is unreasonable because it could let a party get away with commiting a crime. I claim it is reasonable because it is the law and because that protecting one's rights is of great importance. Not to add another overquoted line to my post... but 'the path to hell is paved with good intentions.'

      Finally, regarding something in your previous posting; no, I don't think anyone reads a thread this old, but I happen to like responding to those that took the time to respond to me because they wish to have an intelligent discussion.

    132. Re:Information Retrieval by theStorminMormon · · Score: 1

      You don't understand the automated monitoring. Your counterexample is flawed. The whole point of the automation is that no person cacn have access to your info, but that by submitting all the info (in aggregate) to a filter you allow the computer to help locate probable cause w/out violating privacy.

      So here's the example that fits better. There are terrorists plotting to blow up New York (let's say). Instead of breaking down doors one at a time to search for their hideout (the warrantless solution) there's a way to automatically scan all of the buildings in aggregate for bomb-making materials. This is done automatically - no human has any idea what the materials are detected in individual living units. But a threshold is set. If the scan detects an apartment that has greater than a given amount of TNT (or whatever - the material and threshold quantity can be set with congressional oversight) then you have probable cause you get a warrant and only THEN do police officers break down the door and find out if the probable cause pays out or not.

      I agree that it sucks when a criminal gets off on a technicality, but I'm sure the framers thought of that possiblitity and believed it was better to let a guilty man go than allow the violation of an innocent man's rights.

      This kind of thinking is dangerous is wrong not because your conclusion is wrong but because your entire method of thinking is wrong. The problem is that this is not an either/or proposition. The definition of gov't involves taking away the rights of innocent men to protect them. That's what gov't IS. The only question is where to draw the line.

      To your second point, terrorists killing thousands... well the Crusades had a pretty high body count too, and interestingly enough, the framers themselves were called terrorists as well, as much of the fighting was done using gurella techniques.

      Are you saying that terrorism is just a label? I mean - they call Charles Manson a murderer. If I call you a murderer too does that prove anything? Anything at all? The framers were not terrorists. Guirella warfare is not terrorism. And the Crusaders weren't terrorists either. Neither were the Nazi's. "Terrorist" is not another word for "mean people". So I'm really just not sure where you're going with all of this.

      Anyway in the final analysis it's just not very meaningful for you to say that you think protecting rights is of great importance. I do too. The question isn't going to be solved by blanket assertions like "we can't give up freedom for safety". We already have - it's called gov't. It's not going to be solved by making weird rhetorical connections that have no understandable logical content.

      What we need to do is establish whether the wiretapping was, in fact illegal. Then we need to determine if it SHOULD have been illegal - some laws are not worth respecting (eg law forcing northerners to return escaped slaves). Of course it's hard to define what should or should not be illegal and the ultimate appeal should be to the Constitution. It's just not clear to me at all that the wiretapping is unconstitutional - especially keeping in mind that due process can be suspended or abridged legally in times of war or emergency.

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
  3. Wiretaps without warrants, that is... by 192939495969798999 · · Score: 4, Insightful

    It doesn't bother me that they want to wiretap suspected terrorists, but why the no-warrant stuff? Can't they just get a classified warrant? I wouldn't care at all except that they appear to be going around the law that I had thought applied to everyone. I guess it applies to everyone except for enemies of the state, or anyone that is unfortunate enough to be flagged as one. For instance, that professor corresponding with his friend in the Phillipines that had his mail opened, read and re-sealed. Isnt' that a federal offense?

    --
    stuff |
    1. Re:Wiretaps without warrants, that is... by eldavojohn · · Score: 4, Interesting
      It doesn't bother me that they want to wiretap suspected terrorists, but why the no-warrant stuff? Can't they just get a classified warrant?
      Well, in the article, they mentioned using data mining to find when the word "jihad" was used in a conversation. In reality, they don't have many suspected terrorists so they would like to just use this technology on the largest set of civilians as possible. In order to do the paper work and justify this action ... well, they'd have to go through the warrant process for every American.

      So they bend the rules a little and overlook some of our rights and suddenly they have a great tool for catching terrorists or anyone that uses the wrong language!

      I hope you never become a "suspected terrorist" because nowadays, the word "suspected" seems to be equivalent with "guilty" in the eyes of Homeland Security.
      --
      My work here is dung.
    2. Re:Wiretaps without warrants, that is... by TripMaster+Monkey · · Score: 4, Informative


      Can't they just get a classified warrant?

      There's a good explanation of the Foreign Intelligence Surveillance Court here, as well as more information on George W. illegally bypassing said court here.

      --
      ____

      ~ |rip/\/\aster /\/\onkey

    3. Re:Wiretaps without warrants, that is... by aredubya74 · · Score: 5, Insightful

      This is exactly the point. FISA gives the feds clearance to intercept communications (mail, landline phone, wireless phone, Internet) where one party is international, and the other is domestic. They can apply for a warrant retroactively up to 72 hours after beginning interception. These warrants are basically never turned down, but that's only because the users (NSA, DOJ, DOD) are used to the evidentiary requirements of the FISA court. Anything that is person-to-person in the US has to be done by the FBI and through the regular courts, which really aren't any more onerous.

      Since 9/11, the Bush administration has run into far more delays and outright refusal to grant warrants from the FISA court, though not because of "red tape" or political fallout (or because the FISA court hates America). It's because the evidence isn't there to justify them. This is why Bush directed the NSA to go around FISA and just wiretap whenever they felt they needed to, oversight (and evidence) be damned. This is black-letter violation of the law, and Bush (and the lawyers and staff that told him it was justifiable) needs to be held accountable.

      --

      RW

    4. Re:Wiretaps without warrants, that is... by Anonymous Coward · · Score: 0

      You're right, they should have been going to FISA to get authorization for wiretaps... even if they had to get it proactively.

      The problem is, they weren't trying to "wiretap" someone. They are scooping all international traffic on the net. SO... If someone in NYC sends an email to someone in SF, and the email happens to hit a router in Canada, that is now an "international" conversation and can be "tapped".

      The warrants require specific names of individuals to be allowed. To be honest, I wholly suspect that they are tracking all internet traffic, foreign and domestic. And they've been doing it for a long time prior to 9/11. They just use the tragedy so that no one questions their motives.

    5. Re:Wiretaps without warrants, that is... by TheDoctorWho · · Score: 0

      Wrong, Bush was never turned down by FISA.

      Since 1978, the court has granted about 19,000 warrants and only turned down five.

    6. Re:Wiretaps without warrants, that is... by Qzukk · · Score: 1

      That just makes it worse. If FISA was doing it's job as a lapdog, why did Bush feel the need to break the law to get around them?

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    7. Re:Wiretaps without warrants, that is... by bhima · · Score: 1

      I have the impression that it would take thousands of judges to grant that many warrants.

      --
      Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.
    8. Re:Wiretaps without warrants, that is... by Viper+Daimao · · Score: 1

      Shamelessly stolen from JustOneMinute

      "Let me propose my own hypothetical:

      Let's *ASSUME* that the NSA *records* every digital transmission from Afghanistan to the US that they can get ahold of. Decrypting and translating take time, so initially they simply maintain a huge vault of raw intercepts. Let's imagine that in June, a telephone of no apparent interest in Kabul dials a phone number of no apparent interest in Manhattan.

      That phone in Manhattan is then used to dial a number in Washington DC; the call is also recorded but not decrypted.

      A month goes by. Then, come July, Osama himself calls the formerly-uninteresting phone in Kabul. Wow! The NSA is interested now, you betcha!

      So, some questions for spies and lawyers:

      (a) Is it now worth the computer time to decrypt and translate the June calls from Kabul to Manhattan?

      Easy - of course it is, and I think there is broad agreement that, since one leg originated overseas and the interception occurred overseas (broadly defined, perhaps, to include the border), FISA warrants are not necessary.

      (b) Will spychasers want to decrypt the Manhattan-Washington DC phone call recorded in June?

      I promise, the questions will get more difficult - as to decrypting the call to Washington, of course they will want to.

      (c) Can the NSA invoke the 72 hour rule and get a retrospective warrant for that call?

      I don't know, but I do know that a lot more than 72 hours have passed since the recording was made. Can the NSA argue that "interception" includes decryption? Would that fly? I don't know (but I would guess not).

      So, what is a President to do?

      It may be that our data storage capability simply does not mesh well with FISA. Let's go back to 1801(f) for the definition of surveillance:

      "Electronic surveillance" means-- (1) the acquisition by an electronic, mechanical, or other surveillance device of the contents of any wire or radio communication...

      Emphasis added. One might argue that, until the call has been decrypted and evaluated, the "contents" have not been captured - all that has been stored are digital ones and zeros. If a tree falls in the forest and no one is there to hear it, did it make a sound?

      Consequently, the act of "intercepting" and storing the call in digital form was legal (one might argue). And decrypting it later? Well, a probable cause argument is a lot easier if the connection to Osama can be shown."

      Me talking now. Basically, it seems that once again, the technology has outpaced the letter of the law. We are seeing this happen everywhere nowadays, like in roving wiretaps (which make so much sense I dont know why people say they are controversial).

      --
      "In the game of life, someone always has to lose. To me, if life were fair, that someone would always be Oklahoma." -DKR
    9. Re:Wiretaps without warrants, that is... by Mille+Mots · · Score: 1
      ...For instance, that professor corresponding with his friend in the Phillipines that had his mail opened, read and re-sealed. Isnt' [sic] that a federal offense?

      Apparently it's not a Federal offense if it's the Federal government doing it.

      --
      This message opened, reviewed and re-sealed by the Office of the Spellchequer.

    10. Re:Wiretaps without warrants, that is... by dougjm · · Score: 1

      I was under the impresion that the NSA wasn't allowed to spy within the US and GCHQ in the UK wasn't allowed to spy within the UK - so GCHQ spies on the US and the NSA spies on the UK and then the CIA and the SIS(MI6) trade the information that each other gathers, hence bypassing the needs of warrents and other anoying legal type stuff! Hence my tinfoil headwear.

      --
      Reinventing the wheel since 1979
    11. Re:Wiretaps without warrants, that is... by biglig2 · · Score: 1

      What is a president to do?

      He is to ask Congress to pass a law allowing him to order the type of wiretap you describe, or he can accept legal advice that he is able to do anything he likes under his wartime powers, which he is able to invoke because there is a "War on Terror".

      Option 2 is probably slightly easier, and appears to be the one he is going for, although it has the minor side effect of turning the US into a permanent dictatorship.

      --
      ~~~~~ BigLig2? You mean there's another one of me?
    12. Re:Wiretaps without warrants, that is... by lawpoop · · Score: 4, Interesting

      So get congress to write a new bill, don't just charge ahead and break the law.

      It just shows you Bush's comtempt for the rule of law. They couldn't do what they wanted to do legally, so they just went ahead and did it anyway.

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    13. Re:Wiretaps without warrants, that is... by adsl · · Score: 1

      Since the FISA Judges very very rarely turn down any wire tap request and since 911 the need for good information has been reicognised, why would the Gvt think that a FISA court would not approve any such lstening to conversations given the scenario you describe? Like most here I am not agains such wire taps. I just feel that they should be done the formal way, even if retro-active by several days (or even longer in certain allowed circumstances). Then at least we have the comfort of knowing that the Justice system truly acts as an overseer of such actions. And we can draw comfort from knowing that it's not just pure random taps, just for the heck of it. Let's face it the Gvt doesn't have the resources, or motivation, to listen to spurious civilian conversations, it would bog down the NSA even with their resources and detract from the really important functions they carry out on our behalf. What I object to is missinformation. The saying that important calls would not be listened to if the Gvt went through the FISA system. I see no circumstance whereby a FISA Judge would object to approving (including retor-actively) any wire tap even very remotely connected to a known "bad" number or even loosely connected. So I cannot fathom the Gvts logic. By contuing to embrace FISA courts and carry out necessary wire taps we have both protection and a democatic system at work. This indeed is victory for our system. But to abandon it is to admit the defeat of our system, surely? The Gvt pursuing the "leak" is also disingenuous. The Gvt's position isn't clearly legally based, there is considerable debate. So if everyone with knowledge of the rejection of FISA is held to secrecy, w/o a reasonable debate at some level, then we have lost our democratic system already.

    14. Re:Wiretaps without warrants, that is... by RageEX · · Score: 1

      I think that the reason they didn't bother with warrants is that the (probably) huge amount of information (transaction and content?) they're collecting for data mining would require about 300 million warrants. And who has time for that kind of paper work.

    15. Re:Wiretaps without warrants, that is... by stinerman · · Score: 1

      Indeed, a recent guest on the daily show (I believe the gentleman who broke the original story) said that the government's argument is basically that they can't go to the courts because the shear volume of their taps would require too much of the judiciary and end up backlogging their requests.

    16. Re:Wiretaps without warrants, that is... by 192939495969798999 · · Score: 2, Interesting

      Back in the day, when people first started hearing about E-mail browsing by the FBI/CIA/whomever, we just started posting a list of words at the bottom of every e-mail to overwhelm their computers so they would stop doing that to regular citizens. While I don't really condone that activity, I can see a scenario where people might adopt saying "jihad" for hello and goodbye, just so that the wiretaps start getting applied to everyone. Of course, if a top campaign contributor's son/daughter gets wiretapped, all of a sudden there will be justice again.

      --
      stuff |
    17. Re:Wiretaps without warrants, that is... by Viper+Daimao · · Score: 1

      well he did tell the intelligence committee what he was doing, and they knew about it the whole time. But, yeah, getting congress to pass a law, one broadly worded so as to not tip off anyone that was being spyed on would have been the way to go.

      however, the president and his legal advisors saw justification in the Authorization for Use of Military Force. That it gave him approval from congress ahead of time. This view can be argued and its unclear that he's not correct. So I think we can now look on the AUMF and see how stupid it was for congress to pass such a thing that would give the President(any president) these wartime powers for the duration of a generational conflict. A review and reauthorization every 2 years or so would make much more sense here.

      What I see this (big view of everything) as, is congress once again not wanting to take responsiblity for their roll in this war, and simply wanting to give the president power and then criticize from the sidelines.

      --
      "In the game of life, someone always has to lose. To me, if life were fair, that someone would always be Oklahoma." -DKR
    18. Re:Wiretaps without warrants, that is... by Viper+Daimao · · Score: 1

      As far as the govt pursuing the leak, I see that as precedent set by the Plame leak investigation. This leak by far endangers more americans than the Plame leak even might have endangered (I dont see the Plame leak as putting anyone at risk really, but either way). But we have here the same situation only more serious, and people leaking top secret govt operations well, dont really need to be working for the NSA or CIA or govt anymore right?

      --
      "In the game of life, someone always has to lose. To me, if life were fair, that someone would always be Oklahoma." -DKR
    19. Re:Wiretaps without warrants, that is... by adsl · · Score: 1

      What's top secret about wiretaps? The NSA has existed for many decades and they have had one main function and employee tens of thousands of people. Had the FISA court system been used 100% there would be no public debate. In a democratic society should we allow a Gvt to "interpret law" as they fancy with any and all objections silenced under Gvt secrecy rules and subject to immediate prosection even if the whistle blower correctly interprets the law? Is this democracy at work? One of my concerns is that quite a few people now admit to knowing about all this, but were all "silenced" and effectively powerless to debate, within the system, what they now tell us they believe to be wrong. Is this democracy? We need to know the democratic system has the checks and balances and we need to know the Gvt doesn't routinely lie. If such checks and balances are followed there should be no public debate. Or am I wrong?

    20. Re:Wiretaps without warrants, that is... by halber_mensch · · Score: 1

      Why did the businessman get a "Shi'ite"su massage?

      Because "jihad" a bad day!

      I'm laughing all the way to gitmo!

      --
      perl -e "eval pack(q{H*},join q{},qw{70 72696e74207061636b28717b482a7d2c717b343 637323635363534323533343430617d293b})"
    21. Re:Wiretaps without warrants, that is... by Viper+Daimao · · Score: 1

      I dont know about you, but I have a hard time believe a US senator can be "silenced" and rendered powerless. Especially after watching the Alito confirmation hearding do I have a hard time believing a Senator can be silenced.

      --
      "In the game of life, someone always has to lose. To me, if life were fair, that someone would always be Oklahoma." -DKR
    22. Re:Wiretaps without warrants, that is... by Anonymous Coward · · Score: 0

      This now scares the crap out of me.

      I just sent an email to a friend about jokingly trying to get enother firend to be a suicide bomber. I also made a refrence to an offensive T-shit I have which has a plane crashing into the N in "I (plane) NY"

      There was also mention of suicide on a different note as I recanted a conversation about another friending deciding the only way to really know was to have me off myself adn come back to let everyone else know if there is an afterlife.

      Shit, I just posted it again.

      I fucked.

      Crap, ther is a knock at my door, I gotta go......

    23. Re:Wiretaps without warrants, that is... by tutori · · Score: 1

      From what I've heard (which may or may not be accurate...), the reason the FISA courts wouldn't work is because they wanted mass surveilance combined with the data mining powers of the NSA. If they just wanted to spy on individuals, this would have been no problem, but they're trying to cast their net wider than the FISA courts would have allowed (due to quantity or lack of evidence I'm not sure) them to.

    24. Re:Wiretaps without warrants, that is... by pboulang · · Score: 1
      Well, in that case, then they are just being nice, so it's ok.

      It would be dreadfully simple to setup a practically automated approval system. What is required isn't a signature, but a method of auditing. FISA was put in place to prevent an abuse of power... without third party tracking, there is no way to determine abuse of power. Surely the NSA can create and HAS the database of "here is what we wiretapped, and here is why it was done [keyword/social ties/origin of communication/etc]

      --

      This comment is guaranteed*

      *not guaranteed

    25. Re:Wiretaps without warrants, that is... by adsl · · Score: 1

      It's my understanding that "some" senior members of congressional intelligence committees now admit to being "briefed" on the bypassing of the FISA court system. At least one expressed their concerns re the legality of this process in writing. However, their correspondence and the basic briefing were subject to "secrecy" so that matter and their objection stopped there.

    26. Re:Wiretaps without warrants, that is... by Anonymous Coward · · Score: 0

      Wiretapping suspected terrorists is one thing. However, I think he might find it far more difficult to wiretap, say, a US senators personal phone line, or the incoming lines for the Democratic party - who everybody knows, indirectly support terrorism by not supporting Bush. I think this means that the president is using his powers to monitor his political enemies - he certainly couldn't get court approval for that.

    27. Re:Wiretaps without warrants, that is... by BobSutan · · Score: 1

      "I hope you never become a "suspected terrorist" because nowadays, the word "suspected" seems to be equivalent with "guilty" in the eyes of Homeland Security."

      It certainly waives your rights as an American citizen. How many people, specificaly Americans, are in Gitmo still being held without charges? You don't know because they won't release the info? Exactly my point!

      --
      "On a scale from 1 to 10, people are stupid"
    28. Re:Wiretaps without warrants, that is... by Dunbal · · Score: 1

      crypt and translate the June calls from Kabul to Manhattan?

      Easy - of course it is,


            IANAS (I am not a statistician), but I have to deal with statistics often in my field. Your argument is basically if you record EVERY phone call then you are SURE to get useful information. This is akin to increasing the sensitivity of your screening. What happens though is that you throw specificity out the window and end up with a HUGE number of false positives (people who you think are guilty, but really are not). To investigate all these false positives will cost you a lot of money, not to mention the fact you can end up jailing a lot of innocent people. Is it worth it? How much did you want to spend, exactly? More than the combined value of the world trade center and the income everyone who died could have earned in their lives?

      --
      Seven puppies were harmed during the making of this post.
    29. Re:Wiretaps without warrants, that is... by Anonymous Coward · · Score: 0
      "Since 9/11, the Bush administration has run into far more delays and outright refusal to grant warrants from the FISA court..."

      Refusals? Please. FISA turned down a handful of requests in something in the range of twenty thousand submissions. FISA itself is considered by constitutional scholars as a cynical end run around the 4th. What's happened here is the Administration for decades has made a practice of minimizing the Constitution (Bush continues what Clinton began with his War on Drugs) and its face is finally becoming public. Bush is simply admitting he considers himself more powerful than a piece of paper. A wake-up call for Americans, a talk point for political partisans.

    30. Re:Wiretaps without warrants, that is... by Anonymous Coward · · Score: 0

      Are you kidding me? The Plame leak blew her cover and the cover of Brewster-Jennings. Every contact recruited by someone at that firm was put at risk. Everyone working for that firm was put at risk. You have no idea what you're talking about.

    31. Re:Wiretaps without warrants, that is... by NateE · · Score: 1

      You forgot that the pundits would also scream if they learned that we weren't listening in on calls from terrorists to the US.

    32. Re:Wiretaps without warrants, that is... by Anonymous Coward · · Score: 0

      Conveniant that this War on Terror is never going to end, so he'll never have to surrender those wartime powers.

    33. Re:Wiretaps without warrants, that is... by Legion303 · · Score: 1

      "Since 9/11, the Bush administration has run into far more delays and outright refusal to grant warrants from the FISA court"

      It's worth noting that until 2002, after GWB illegally went around FISA, the court approved every single request to hit their desk (4 after resubmittal). Every single one.

    34. Re:Wiretaps without warrants, that is... by Viper+Daimao · · Score: 1

      which is why I think this story is actually good for bush. The public is seeing that he is actively trying to protect them from terrorists. Now if he would only get serious about illegal immigration...

      --
      "In the game of life, someone always has to lose. To me, if life were fair, that someone would always be Oklahoma." -DKR
    35. Re:Wiretaps without warrants, that is... by Red+Flayer · · Score: 1

      "It just shows you Bush's comtempt for the rule of law. They couldn't do what they wanted to do legally, so they just went ahead and did it anyway."

      And this is a problem on Slashdot? Where most users habitually break the law by illegally filesharing?

      This is not a troll, I'm just making a point that respect for the rule of law is disregarded constantly by the public in general; why are we outraged when the Great Leader (tm) does it?

      PS. I also understand that there is a difference in scale and in effect, and also that we hold our leaders to greater standards than we hold ourselves. I just wanted to point out that his attitude is in no means outside the normal range.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    36. Re:Wiretaps without warrants, that is... by Qzukk · · Score: 1

      The warrants can be granted retroactively, provided that notification is provided on time ("on time" also being after the fact!) Not to mention the fact that FISA itself was basically created out of thin air, and Bush could have staffed it with however many cronies it would take to get his rubber stamps delivered on time. The fact is, Bush was literally given a blank check, and his administration has proceeded to scribble on it in crayon and bawl like a little girl when it was rejected.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    37. Re:Wiretaps without warrants, that is... by lawpoop · · Score: 1

      People aren't perfect -- people will cheat, bend, and break the rules. But, there is a difference between speeding and murdering, which you acknowledge.

      Furthermore, I expect people in the government to have more respect for the law, and do a better job of upholding it. I don't think Bush is going to day "Gee, since lawpoop doesn't do any illegal downloading, I had better not do these wiretaps."

      So I think you answered your own critique. I agree with you.

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    38. Re:Wiretaps without warrants, that is... by Quixote · · Score: 1
      Since 9/11, the Bush administration has run into far more delays and outright refusal to grant warrants from the FISA court,

      Wrong! A few requests had to be modified, but very, very few were refused.

      From the WikiPedia article : Through the end of 2004, 18,761 warrants were granted, while just five were rejected (many sources say four). Fewer than 200 requests had to be modified before being accepted, almost all of them in 2003 and 2004. The four known rejected requests were all from 2003, and all four were partially granted after being resubmitted for reconsideration by the government.

    39. Re:Wiretaps without warrants, that is... by Phoenix666 · · Score: 2, Insightful

      Absolutely, and can we really say that we're surprised by this, with a name like "Homeland Security?" America is not a "Fatherland," "Motherland," or "Homeland." "Homeland" is so Orwellian it makes your blood run cold. So it was only a matter of time before this repressive agency became in deed what it already was in name.

      --
      Do what you can, with what you have, where you are.
    40. Re:Wiretaps without warrants, that is... by aredubya74 · · Score: 1

      I should have clarified - they have "run into more delays and outright refusal"...compared to previous administrations. Presumably, they're overreaching on some suspects. I assure you that I'm not blaming the FISA court and its oversight role. The administration has directly broken the law, and while not admitting wrongdoing, administration officials and apologists are trying to claim that the President has the authority to break that law. Why? Because Congress declared war on Afghanistan, and gave the President authority to use force in Iraq. Bush has turned those specific declarations into giving himself the capability to ignore the FISA law and not seek warrants.

      The real question, as others have posed, is why not seek the warrants? After all, they aren't getting stopped. Clearly, they're doing something that the court would not permit (like, say, tapping all international communications, and sifting through at will). If the President wanted that capability, he could ask Congress to enact a law to make it so. With GOP control of Congress, he'd likely be able to get it (especially if he'd bothered to put it in the original PATRIOT Act that our reps in Congress so blithely voted for without reading). So what's he up to? Just trust him that he has the country's best interests in mind? Somehow, I doubt that's gonna happen any time soon.

      --

      RW

    41. Re:Wiretaps without warrants, that is... by Guysmiley777 · · Score: 1

      Well, in the article, they mentioned using data mining to find when the word "jihad" was used in a conversation

      So if I call a buddy on a cell phone and start chanting "jihad jihad jihad jihad, Allah akbar! durka durka jihad" I can expect a visit from some black unmarked SUVs? Land of the Free* indeed.


      *Note: freedom is forfeit if suspected of wrongdoings, or thinking of wrongdoings.

      --
      Coding with assembly is like playing with Legos. Coding an application in assembly is like building a car with Legos.
    42. Re:Wiretaps without warrants, that is... by NoSlack913 · · Score: 1

      Dont believe this is happening.... check out the CIA (not the NSA's) investor called http://in-q-tel.org/. There are several companies on that list like http://www.callminer.com/that definately can do this and more to calls.

    43. Re:Wiretaps without warrants, that is... by TubeSteak · · Score: 1

      I can't remember which Republican Senator it was, but Bush/Cheney/Co. tried to have warrantless search powers inserted into the Patriot Act and the Republican Senator said No.

      That's the best my memory can do. They asked and were specifically denied.

      --
      [Fuck Beta]
      o0t!
    44. Re:Wiretaps without warrants, that is... by Ungrounded+Lightning · · Score: 1

      It doesn't bother me that they want to wiretap suspected terrorists, but why the no-warrant stuff? Can't they just get a classified warrant?

      There are two uses for intercepts of communications:

        - Developing evidence for criminal prosecutions.

        - Developing intelligence about military operations, to improve response to them. In the terrorism context: Finding out in advance and stopping things like the 9/11 attacks.

      The first clearly is a search, and under the 5th amendment requires warrants supported by probable cause. The congress can pass laws to set up procedures and limits on when and how to do this, which must be followed by the executive and courts.

      Courts have already declared that any evidence gathered WITHOUT such warrants and/or probable cause, including any information developed as a result of investigations started due to illegally obtained information, can not be used. No matter how many steps there are between the illegally-obtained info and the evidence. This is the "fruit of the poisoned tree" doctrine. The chain is only broken when a separate, legally-obtained, probable cause occurs to justify the searches, taps, etc. without recourse to the "bad fruit" as a cause of suspicion. (Moral justification: An out-of-control government is MUCH more dangerous than even a few serial killers let loose. You can't get people to watch the watchmen - but you can encourage them to behave within the law by making it impossible to get convictions when they break it.)

      The administration claims that the second is a constitutional function of the executive branch, part of its military role. As such the congress has no power to pass laws that would block or control the executive branch's use of this claimed branch-specific power. And that as long as the information gleaned is not used for criminal prosecution it's fair game.

      This interpretation would mean that the administration could intercept a lot more stuff without warrants - PROVIDED it didn't use this info in the furtherance of prosecuting CRIMINAL cases. That would let them do things like stop 9/11-style attacks (provided they didn't then bring criminal cases against the terrorists on whom they only had only the military spying info and things derived from it, or the investigations it started).

      This raises problems for the administration: Say they have news in advance of another 9/11 style attack. Do they let it go forward and kill 3,000 innocent civilians so they can bust the (probably dead anyhow) attackers and as much of their network as they can reach? Or do they stop the attack? (But without the intercepts they don't get the choice.)

      Since the wiretapping technology is common, keeping these functions separate is tough. That's a major reason behind the separation between the NSA and the FBI.

      The Clinton administration (by executive order) raised that wall so high that it cut them off virtually completely - which was apparently a large part of the reason the 9/11 attacks weren't headed off. The Patriot Act lowers it - and many (myself included) think it lowers it too far, allowing tainted intelligence to flow to law enforcement.

      And that's, IMHO, what's going on here. The administration wants to continue using their claimed "right to do military spying" without interference. Those opposed to it are opposed for one or more of the following reasons:

        - They're confusing the two functions,

        - They don't agree that such military spying is constitutional, or

        - They think that the military spying info will be improperly used for law-enforcement or otherwise improperly (i.e. leaked to businesses, used to create databases on citizens, to support "dirty tricks" actions against political opponents, etc.)

      That last is a reasonable fear: Such spying his been used in this way repeatedly in the past. It usually only makes it to the news decades later, allowing the perpetual claim that "it used to be that way in the old days but not any more".

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    45. Re:Wiretaps without warrants, that is... by sybert · · Score: 1

      FISA requires a warrant when the domestic party is "a particular, known United States person" and therefore does not require a warrant when the party is not a US person or is not known/anonymous. Since there is no probable cause to intercept anonymous communications we cannot get a warrant. It is likely that the warrant-less program was legally intercepting anonymous communications and there is no evidence that the law was broken. If we don't intercept anonymous communications then spies and terrorists can speak freely if they take proper precautions.

    46. Re:Wiretaps without warrants, that is... by cold+fjord · · Score: 1

      It just shows you Bush's comtempt for the rule of law. They couldn't do what they wanted to do legally, so they just went ahead and did it anyway.

      There are strong arguments that what the administration did was legal. You seldom see those arguments strongly presented in the media, if they are presented at all. I would be "shocked" if this had anything to do with certain historical voting patterns and the the irrational hatred of President Bush by some in Amerik^Hca.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
  4. usage of VoIP/encrypting VoIP by chriss · · Score: 2, Informative

    A recent study (German) showed that 10% of all Germans or 16% of all Germans older than 18 years already use VoIP. Germany is placed 3rd in broadband use in Europe in absolute numbers, although it is the country with the largest population. This is a new trend, numbers are rising fast. I guess that the numbers in the US will be even higher. So switching to encrypted VoIP might be a viable solution for the near future.

    Chriss

    --
    memomo.net - brush up your German, French, Spanish or Italian - online and free

    1. Re:usage of VoIP/encrypting VoIP by grimJester · · Score: 2, Insightful

      Encryption doesn't hide the IP addresses involved. You can hide the content, but need one or more third parties to hide who you're talking to.

    2. Re:usage of VoIP/encrypting VoIP by tius · · Score: 1

      Hmmm, I wonder if decrypting VOIP would be easier than other information sources? G.729 voice encoding with a code book size of N (I forget what the standard uses), and then all those nice expectations about band limiting and male/female voice bands, lack of abrupt discontinuities...measuring packet delays to estimate encryption key size...

    3. Re:usage of VoIP/encrypting VoIP by nblender · · Score: 1

      Yup. Encrypting your RTP and your signalling (which carries the credentials required to encrypt/decrypt your RTP) is a good way to prevent wire-tapping; as long as you also don't use a VOIP provider/carrier, or an ISP.

    4. Re:usage of VoIP/encrypting VoIP by Austerity+Empowers · · Score: 1

      VoIP isn't "off the grid" all the way through. You can make a VoIP call to someone without VoIP, correct? You can be wiretapped there.

      I don't know about German telemonopolies, but here in the US you have very few choices in who provides your broadband: cable & your telco monopoly (even if you're lucky enough to have a 3rd party provider, they use an access point at your telco monopoly). Both have wiretap requirements. IP packets or ATM cells (or one on the other, more likely), you can be wiretapped.

      As for encryption, it's really hard to use effectively.

  5. Who ordered the wiretapping? by poeidon1 · · Score: 1

    In India, lots of piliticians are arguing that their phones are being tapped on the order from PrimeMinister Office. Is it worse than that?

    --
    They called me mad, and I called them mad, and damn them, they outvoted me. -Nathaniel Lee
    1. Re:Who ordered the wiretapping? by bhima · · Score: 1

      The general claim is that the Bush Administration authorized or ordered wiretaps on wholesale basis without judicial oversight on individual cases. So I would gather rather than most of the communications of a few competing politicians we are actually talking about millions of separate communication transactions of an unknown number of both US citizens and foreign nationals.

      There has been some suggestion that another reason the Bush Administration did not seek judicial oversight is that they were knowingly illegally gather intelligence (violating FISA) then continuing the investigation with information gathered legally and or gathering intelligence for other things rather than the "War on Terror". I personally have not read anything all that convincing of the latter... not that it should matter...the rest is probably an impeachable offence anyway. I honestly doubt it was anything but the sheer volume of intelligence gathering. But still it's illegal, it should be stopped, and those who authorized it should be removed from office and put on trial.

      --
      Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.
    2. Re:Who ordered the wiretapping? by REBloomfield · · Score: 1

      Yes, because it's Americans that are being screwed. They whine all day that it's *their* liberties being shafted, but they don't give a crap when it's other foreign nationals.

    3. Re:Who ordered the wiretapping? by Turn-X+Alphonse · · Score: 1

      I remember Bush and friends (read Tony) doing this to the UN. I mean a group of "allies", so you wire tap the hell out of everything that moves knowing full well you shouldn't even be thinking it.

      --
      I like muppets.
    4. Re:Who ordered the wiretapping? by Anonymous Coward · · Score: 0

      Worse? No. But as I don't live in India & have no claims to Indian citizenship, I can't do a darn thing about that.

      Some might argue that politicians lose their right to privacy when they take office (like movie stars lose theirs when they become a 'hit'), but let the paparazzi haunt their front gate like everyone else - wiretapping should be illegal without a warrant. Period.

    5. Re:Who ordered the wiretapping? by Anonymous Coward · · Score: 0

      No, but I don't live in India. I live in the U.S.

      If I lived in Europe, I'd be pointing and laughing, but then get sad when I realize Interpol probably has me in their database.

      /the world is changing. are you prepared?

  6. This is so Funny by ObsessiveMathsFreak · · Score: 3, Funny

    This is probably the number one commandment of the SIGINT Ten Commandments as a SIGINT officer. You will not spy on Americans.

    Intelligence agencies instilling moral values in their agents. What will they think of next?

    --
    May the Maths Be with you!
    1. Re:This is so Funny by shanen · · Score: 5, Insightful
      There actually were some sound legal principles underlying the creation of the NSA. They had some idea of just how badly those powers could be abused.

      Anyway, this is a very old problem in a new disguise. It used to be the case that most of your personal information was locked up inside your head, and the Fifth Amendment right against self-incrimination was very powerful. The secondary protections against warrentless search were also good, though less critical. Because of modern recording technologies, a vast amount of our personal information is becoming externalized, and the amount is increasing all of the time. If we are to have any meaningful privacy, we need to do something.

      I think the thing we need to do is actually pretty obvious, though I don't know if we'll get there. I think we need to clarify that your personal information belongs to YOU, and that should include your right to store your personal records on your own equipment. Given that situation, your privacy would be protected by the privacy rules you put on your own storage devices--and you could change your mind at any time, revealing more or less information for any reason. Possession in nine points of the law.

      --
      Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
    2. Re:This is so Funny by dcphoenix · · Score: 1

      How about instilling that same sense of morality into our president and vice-president?

    3. Re:This is so Funny by AndroidCat · · Score: 2, Interesting

      Maybe we should settle for a solid background check and occasional polygraph tests? (Granted the polygraph tests have failed quite badly in some cases.)

      --
      One line blog. I hear that they're called Twitters now.
    4. Re:This is so Funny by NialScorva · · Score: 4, Insightful

      I would argue that the second that you interact with another person, organization, or any other entity with legal rights, that the information is no longer solely yours to control. If you buy something from me, then who owns the information about that transfer?

      When you load slashdot, you handing bytes to your ISP requesting that they hand it to several of their peers, then have those peers hand it back to you. Who "owns" those exchanges?

    5. Re:This is so Funny by Anonymous Coward · · Score: 0

      I'm not sure where morality comes into this. I don't see how the moral backing for an action changes depending on the nationality of the person it is directed at.

      Not that I necessarily believe that the NSA should spy on Americans. Or that they shouldn't spy on non-Americans. But morality? No...

    6. Re:This is so Funny by shanen · · Score: 2, Insightful
      I can't tell if you're trolling or just being dense. Of course the other party to any transaction would have a right to his own copy of the information. Perhaps both would agree to keep it secret, or perhaps one side would decide to share it. In a sense it's like the current situation when the police go around asking for witnesses, and the witnesses may or may not agree to cooperate.

      However, there are plenty of aspects of our lives which do not involve any other parties, and even when multiple parties are involved, you should have the right to agree to respect each other's privacy. It's an interesting aspect to consider, actually. If you are too eager to expose your perfect records of the other person's acts, would you also be so eager to have their records of *YOUR* acts be equally exposed?

      The default situation should most likely be that publicizing any information should require the consent of all of the parties involved. If anyone objects, then some strong reason would have to be shown as to why the information should be revealed. If someone ignores your privacy, you should be able to pursue the matter. For example, if someone harms you (by exposing your personal information) in order to derive profit, you obviously should be able to take legal action against him.

      It's obviously quite hard to predict how the law would play out, but right now there is very little room for any defense of our privacy--and it's shrinking fast.

      --
      Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
    7. Re:This is so Funny by metternich · · Score: 1

      It's more the fourth amendment than the fifth that protects you in this case, although both are relevant.

      IV

      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.

      V

      No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

      --
      Facts do not cease to exist because they are ignored.
    8. Re:This is so Funny by LilGuy · · Score: 0, Troll

      Indeed. Here is a site I would recommend, even while it may not accomplish any goals, other than getting the word out that there are like-minded people, and we SHOULD impeach this president.

      This president has gotten away with some terribly henious things, and really hasn't accounted for ANY of them.

      President Clinton was impeached, and I sincerely doubt that there were half as many people who were really upset about what he did with Lewinsky as who care about what Bush is doing. Yet he keeps on slithering away and things keep deteriorating.

      Even if you voted for him the SECOND time, you have to admit that we're losing our freedoms rather quickly, and even when people like this former NSA 'employee' are standing up and trying to slap us in the face and get our attention. I commend this man for his bravery at standing up and displaying anger and disgust publicly. This is what I call patriotic.

      I've noticed a rather alarming trend among other websites I've seen carry this story. A large number of the editorials are questioning the legality of the infringement of our constitutional rights. I'm not a lawyer, but I don't believe I need to be one to know that there is definately something wrong with this whole situation. If it is "legal" we need to have the supreme court take a closer look, and if that produces nothing, have congress rewrite the laws. Now if in fact, by some bizarre reinterpretation of the constitution this is justified as legal for this to BE taking place - as I'm pretty sure they're not pulling the plug on this one just because someone blew a little whistle - there are still plenty of other impeachable .

      Just my $1.02

      --

      You're nothing; like me.
    9. Re:This is so Funny by dada21 · · Score: 1

      It is comments like this that reiterate to me the reality of trying to protect data -- you can't.

      I'm (well known for being) anti-copyright, and your personal data is no different. If you have facts in your mind that you don't want getting out, don't give them out. Don't sing your song in public, don't say your poem out loud, and don't tell anyone anything about yourself.

      If part of a trade or a barter is giving up information, you're taking the risk.

      In the past year I've found anonymous debit cards ($9 per month), anonymous cell phones ($15 per month fee) and even anonymous travel (about the same price as any walk up ticket purchase). I don't have to give up my information, why are you giving up yours?

      Oh, yeah, convenience and great deals. Right.

    10. Re:This is so Funny by Anonymous Coward · · Score: 0

      Even though I'm a much bigger fan of Clinton than I am of W, I feel compelled to point out this strawman, "President Clinton was impeached, and I sincerely doubt that there were half as many people who were really upset about what he did with Lewinsky as who care about what Bush is doing."

      Clinton wasn't impeached for what he did with Lewinsky, he was impeached for lying about it under oath.

    11. Re:This is so Funny by sockman · · Score: 1

      I'm not sure your comments are even worth $0.02, so inflation must really be taking it's toll. What amazes me, honestly, is how extreme some people have taken their hatred of President Bush. I'm a libertarian, he is very much not, but I don't hate the man. I don't wake up every morning despising our country. It seems people on the left do, which is sad.

    12. Re:This is so Funny by NialScorva · · Score: 1

      You propose that one party is priveledged, that with no prior or explicit agreement you cannot use any information about an interaction involving another person. You are basically eliminating the notion that there is any public knowledge about a person. The law does have notions of the presumption of privacy.

      The second you step outside of your door, or a secret leaves your mouth, you are explicitly making that knowledge public to some degree. If you give personal information to someone, it is now public information and is on your shoulders to determine whether that person is trustworthy, or have some method of enforcing that trustworthiness. The idea of making the government responsible for enforcing the degree at which your personal information can spread is a nightmare of big-brother proportions, IMO.

      Now that's not to say that the government has free reign to investigate people. There must be sufficient oversight from all branches of the government, congress to provide the legal framework, the executive to provide the means and methods, and the judicial to determine acceptibility. Don't get caught up in the faux horrors that the NSA was investigating citizens, recognize that the horror of the situation is the lack of oversight, checks, and culpability.

    13. Re:This is so Funny by JemalCole · · Score: 2, Insightful

      WRONG, WRONG, WRONG.

      People on the left don't wake up despising our country. We wake up despising the people that make our country look:

      • immoral (torture scandals)
      • short-sighted (Kyoto protocol)
      • uncaring (Katrina response)
      • unethical (wire-tapping)
      • deeply partisan (your comment (just kidding (no, I'm not)))

      We lefties get so upset because we care about our country not as a plot of land, but as the fulfillment of an ideal. Anybody can love the land they're from - there's nothing special about loving your mother. But we care about the things that truly make our country great: freedom, democracy, liberty, and transparency. And we absolutely despise Bush because he's taking the things that make America great and flushing them down the toilet.

      We're losing the moral high ground - and that might just be the worst thing that Bush has taken away.

    14. Re:This is so Funny by sockman · · Score: 1

      Which is why people on the left would impose socialism. For "freedom, liberty and democracy" ... My definition of the above three is not compatible with the socialists. Nor is it compatible with everything the Bush administration is pushing. However, if a computer records every single phonecall which has select keywords in it that go overseas, I really don't see a problem. If you are talking to your buddy in England about "jihad" or whatever the keywords are, great, let a computer record it. Then, when it goes for analysis, and is determined to be of asset to the intelligence, get a warrant. What Bush directed is not right, but I can't understand the overreaction of the left on absolutely everything. It's like Chicken Little.

    15. Re:This is so Funny by Anonymous Coward · · Score: 0

      2 years ago, I worked on federal projects with a company that did work for the NSA. The agents that I worked with, I found to be bright, of high morals, and very patriotic.

      And no, not a one had a kind word to say about Bush or what is going on. Like me, they love the technology, but they do not like how it is currently being deployed.

      From what I heard, there will be some more that will most likely come out. If it was even slightly true (and I know that the tech supported it), this admin will be finished, and at least several whitehouse officials will be branded traitors, even by the republicans who will support most anything that is red (hopefully, we will not get another watergate/iran-contra where the real criminals get off scot-free).

    16. Re:This is so Funny by Anonymous Coward · · Score: 0

      SIGKILL ?

    17. Re:This is so Funny by freedom_india · · Score: 1

      Bush also lied under oath. His lies led 3,000 Americans to their deaths. What has our congress and senate done about that? Award him a peace prize !

      What sort of country are we living in?

      Am sure Benjamin Franklin would love to live in this period.<sarcastic> And Paul Revere would think: "Hmmm.... give me liberty or how about a million dollars..."

      Sometimes makes you think why these people gave their lives to win freedom for us. So that idiots, liars and cheats like Dubya could rule over us?

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    18. Re:This is so Funny by Anonymous Coward · · Score: 0

      If you are trueley libertarian, you should fear bush even more than the left. Leave alone the lies of WMD, etc. He currently holds a number of Americans in Gitmo. Likewise, between reagan's outlandious deficits and now his, he is making it certain that we are headed for bankruptcy. In addition, Americans should be looking at Sibel Edmunds and wondering what else is out there. As to the left that you claim to fear, if that was Clinton, well, examine his record:

      Balanced the budget.
      Stopped attacks on American soil after the first one.
      While he lied about his personal life, it would appear that he rarely lied about his professional life (in contrast to GWB who seems to lie about everything).

      BTW, I am a long-time registered libertarian. I did vote democrat at the last election, but that was my first time in over 28 years of voting. And I do not fear dems like I do the neo-cons.

    19. Re:This is so Funny by netruner · · Score: 1

      It's interesting how you've asserted the transitive here from disliking the man who currently occupies the office of the presidency to disliking our country. Can you please explain how the transitive property can be used to conclude that if someone dislikes a given leader that they must dislike their country?

      --



      DISCLAIMER: This post was not checked for speling and grammar- if you complain- you're a whiner
    20. Re:This is so Funny by Anonymous Coward · · Score: 0

      Same AC here (I don't lend my name to flame wars, nor would I want to see this discussion modded above 0)

      While it is my opinion that Bush did lie, possibly under oath it is a very different thing to offer "I did not have sexual relations with that woman" - an unqualified statement of fact and "I believe..." or "Intelligence leads us to think..." or "Reports indicate..." "... that Iraq is in possession of biological and/or Chemical wepons." If Bush were under oath when he made these statements - I'm not sure this is the case - they are still qualified opinions, not verifiable facts. In other words Bush can plausibally argue that given what he knew at the time it was true that he believed there were WMDs in Iraq. Clinton did not have that luxury given the man stain on the blue dress.

      I think what Bush did was dispicable, but my point remains that saying Clinton was impeached for a blowjob is a strawman argument - one I personally would not use if I wished to be seen as a Clinton supporter.

    21. Re:This is so Funny by nobody69 · · Score: 1

      Let me make sports analogy for you.
       
      My wife claims she is a University of Michigan football fan. She goes through the motions - buying t-shirts, hissing every time arch-rival Ohio State does something good, etc. But I have heard her actually criticize the team. Oh, sure she says it's for the team's "own good", that putting in the prevent defense now will only cause problems and make them lose the game, but if she really was a fan she would blindly follow along with the coach's decisions and cheer for them not matter how badly they turned out. Obviously, she really hates the team, and secretly wishes that the Buckeyes would win. Or at least MSU.
       
      Likewise, a true American patriot would always back the Presidents decisions, without any kind of dissent whatsoever. If you think that tapping phone calls without getting even retroactive warrants is a bad thing maybe you should move someplace where the country was founded by people who thought the government should defer to the people or something.

      --
      "Bugger this, I want a better world." - Jenny Sparks
    22. Re:This is so Funny by shutdown+-p+now · · Score: 1
      Because of modern recording technologies, a vast amount of our personal information is becoming externalized, and the amount is increasing all of the time. If we are to have any meaningful privacy, we need to do something.
      The only working answer to this is, "get rid of all modern recording technologies". Well, that, or start getting used to the fact that the very concept of privacy is indeed becoming more and more meaningless as our technological civilization advances.
    23. Re:This is so Funny by Anonymous Coward · · Score: 0

      uhm, you mean posession is nine-tenths of the law.

    24. Re:This is so Funny by faloi · · Score: 1

      Let's look at Democrats:

      Immoral: Ignoring the genocide in Rwanda
      Short-sighted: Cutting millitary, education and intelligence spending
      Uncaring: Got me there, I can't think of something right off the top of my head
      Unethical: Wire-tapping
      Deeply Partisan: Probably no need to point out that both sides are guilty of this.

      I'm sorry, but the left/liberals/Democrats/progressives don't get a free pass at being the moral and upstanding side of American politics either. I think one doesn't have to look too hard to see examples of ignoring what is right (not right like Republican but right like what makes the most moral and ethical sense) on both sides of the aisle. Don't get me wrong, I don't think Bush has done a good job at all. But I don't think the Democrats are going to save us. They both seem to be after the same end result, just slightly different ways to get there.

      --
      "It is a miracle that curiosity survives formal education." -Albert Einstein
    25. Re:This is so Funny by JemalCole · · Score: 1

      Interesting - when did this become about democrats and republicans? I know I didn't mention either.

      I guess we'll add you to the deeply partisan camp. =-)

      But answer your points:

      Rwanda: everybody ignored that, not just the Dems. There's enough blame to go around on that one. Darfur?

      Military Spending, et. al: actually, that's the Gingrich-led Republican Revolution that you're thinking of. Remember? They were the ones that closed all the bases. Admittedly Clinton was president, but the Republicans wrote the budgets that cut the spending. And if you look at the kinds of programs that were cut, I'd say that both sides did a pretty good job: they cut the kind of military expenses that were much more useful in WWII and Korea than they are today. The fact that the Bushies are trying to fight that kind of war in Iraq with the wrong kind of military is just an example of their incompetence.

      Wiretapping: What are you talking about? Are you one of those idiots who think that because the Bush whitehouse ran the idea of wiretapping past the gang of four that that counts as consent? Because... well, you're an idiot. =-)

      Deeply Partisan: If you haven't noticed that folks on the right are a bit more partisan than folks on the left... well, then I'm sorry that you're blind. Nobody's innocent, but compare the statements that Rush, O'Reilly, Coulter, Hannity or Liddy make to anybody on the left - even Michael Moore if you'd like. There's no comparison. Saying that Bush's interests in Saudi Arabia might be slanting his perspective on Iraq isn't anything like Limbaugh accusing Hillary of murder and Bill of rape. You know? Go read "What Liberal Media?" By Eric Alterman.

    26. Re:This is so Funny by faloi · · Score: 1

      Call it a force of habit... Mentioning the left immediately equates to Democrats, based on the conversations I have with people. In same sense, the people I tend to hear the most about immediately equate being conservative (in any sense) with being a Republican. I will apologize for jumping to conclusions.
       
      I did come off a particulary charged conversation with one of those types when I ran across your post. My point is that both sides are doing a poor job of actually standing up for what is right. One only has to look as far as the USA PATRIOT act vote to see. I don't see either side as blameless, and I hope that some politicians can stop politicing long enough to actually get us as a nation back on the right track. I'm one of those (perhaps rare) conservatives that does not give Bush a free ride. He's done a lot wrong. But I also think Clinton fell short in many ways.
       
      Al Franken was quick to point out to people that blamed Clinton for cutting the military budget that "Clinton's military" was able to run roughshod over the Iraqi armed forces (apologize, I don't remember which book specifically that was in). Everybody ignoring Rwanda doesn't make it right for everybody to ignore Darfur, but it does show a lack of concern for what is right coming from both sides.
       
      I *am* deeply set in my beliefs, but not deeply partisan. I think both political parties are doing a decent job screwing up. I just don't like for either side to think theirs is above reproach.

      --
      "It is a miracle that curiosity survives formal education." -Albert Einstein
  7. Speak up we can't all hear you clearly by slushbat · · Score: 4, Insightful

    I think that the only way to get to the bottom of such serious allegations is to investigate the evidence. Perhaps if we could secretly intercept the communications between the administration and the NSA we might find out what is really going on.

    --

    Don't put off until tomorrow what you can leave until the day after.

    1. Re:Speak up we can't all hear you clearly by Khyber · · Score: 1

      Secretly intercept the communications? Why? We're their bosses. Let's just go ahead and FOIA their ass, and claim it's a matter of national security. If they can lie, why can't we do the same thing back to them to get the desired result?

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  8. Searching for keywords may or may not work by digitaldc · · Score: 4, Interesting

    "If you picked the word 'jihad' out of a conversation," Tice said, "the technology exists that you focus in on that conversation, and you pull it out of the system for processing." According to Tice, intelligence analysts use the information to develop graphs that resemble spiderwebs linking one suspect's phone number to hundreds or even thousands more.

    It can be argued that people who don't want to have their conversations monitored will not use keywords such as these that tip off the eavesdroppers or technology that recognizes them.
    And conversely, people may use meaningless conversations with many keywords to delay the processing of these investigations.

    --
    He who knows best knows how little he knows. - Thomas Jefferson
    1. Re:Searching for keywords may or may not work by dotmax · · Score: 1

      it _could_ be argued, but you'd then have to argue that the analysts looking for treasure are stupid fucking morons too dumb to understand the trivial concept elucidated above. And conversely, people using the word Jihad etc. in meaningless convo aren't going to slow down the system at all, they'll be nulled out as uncoupled blither.

      Do you really think they're THAT MUCH STUPIDER THAN YOU? Or are you just that clever? .max

    2. Re:Searching for keywords may or may not work by kjamez · · Score: 1


      It can be argued that people who don't want to have their conversations monitored will not use keywords such as these that tip off the eavesdroppers or technology that recognizes them.
      And conversely, people may use meaningless conversations with many keywords to delay the processing of these investigations.
      ... which is exactly why whenever i pickup the phone i say: "hello, jihad bomb george bush terror attack, how you doin'?"

      actually, at first i thought it was funny, but i'm sure i'm on some red-flag list now.

      --
      you can't have everything, where would you put it?
    3. Re:Searching for keywords may or may not work by Anonymous Coward · · Score: 2, Funny

      What if I said in a phone conversation, "My main man 'G' had a cold ham sandwitch".

      Would I then be on the terrorist list?

    4. Re:Searching for keywords may or may not work by aussie_a · · Score: 3, Insightful

      Wouldn't real terrorists (y'know, the ones who actually pose a threat) use code? And you'd also think they'd be smart enough to use public telephones as well.

    5. Re:Searching for keywords may or may not work by dotmax · · Score: 1

      If a buncha guys in pakistan start talking about G and Ham Sammiches with people in Syria and one of them starts talking to you... well, i'd opt for the chicago style hot dog for a while. You DO understand that stochastic/cladistic nets can find keywords, right? .max

    6. Re:Searching for keywords may or may not work by digitaldc · · Score: 1

      Do you really think they're THAT MUCH STUPIDER THAN YOU?

      Probably not, but I do know it is kind of stupid to use a word like 'stupider'

      --
      He who knows best knows how little he knows. - Thomas Jefferson
    7. Re:Searching for keywords may or may not work by radixvir · · Score: 2, Funny

      Someone should organize a day where everyone calls a friend and says that. I bet we could overload their system. We'll call it National Privacy Rights Day or somesuch.

    8. Re:Searching for keywords may or may not work by dotmax · · Score: 1

      what i wrote was ambiguous: they can find hidden, secret code keywords. If you use ham sammich to mean nuclear bomb, they can find it and figure it out -- or at least that you're not really talking about ham sammiches, in principle.

    9. Re:Searching for keywords may or may not work by Riktov · · Score: 1

      So in other words, recognizing keywords and focusing on conversation based on them serves no useful purpose at all. Yet they do it? Why?

    10. Re:Searching for keywords may or may not work by Anonymous Coward · · Score: 1

      What you don't understand is say 'G' and 'had' together. Then call me back.

    11. Re:Searching for keywords may or may not work by Anonymous Coward · · Score: 0

      I wonder if they flag on "Eat up Martha" too?

    12. Re:Searching for keywords may or may not work by HeroreV · · Score: 1

      r33| t3r0r15t uz3 1337 5p34k

    13. Re:Searching for keywords may or may not work by NickFortune · · Score: 1
      It can be argued that people who don't want to have their conversations monitored will not use keywords such as these that tip off the eavesdroppers or technology that recognizes them.

      So terrorists will refer to "the season" and couch their plans in sporting metaphors (for instance) while fans of Frank Herbert's Dune universe discuss the Butlerian Jihad at their peril...

      That's officially the weirdest idea I've come across all day

      --
      Don't let THEM immanentize the Eschaton!
    14. Re:Searching for keywords may or may not work by Dunbal · · Score: 1

      73# 80o/\/\bZ0r iz R3|)y!!!1oneone

      --
      Seven puppies were harmed during the making of this post.
    15. Re:Searching for keywords may or may not work by Kierthos · · Score: 1

      You're correct. In reference to the current administration, we should be using "stupidest".

      Kierthos

      --
      Mr. Hu is not a ninja.
    16. Re:Searching for keywords may or may not work by Chaos1 · · Score: 1

      That's not entirely true. Where I used to work, there was a customer with the name Jihad. Now if I call and ask for him, does that mean they get to just start tapping the line? We're both U.S. citizens.

      If that's the case, I'm going to start using random keyword so they can listen to my boring conversations.

      --
      I only need the Preview button when I haven't used the Preview button.
    17. Re:Searching for keywords may or may not work by aussie_a · · Score: 1

      Well I know I have no idea what you're just said.

    18. Re:Searching for keywords may or may not work by demigod · · Score: 1
      ...conversely, people may use meaningless conversations with many keywords to delay the processing of these investigations.

      That's why I always try to work in words and phrases like "George Bush", "jihad", "White House", "bomb", "nuclear", "anthrax" and "Pentagon" whenever I'm on the phone.

      Give it a try next time your on the phone.

      --
      "The last thing I want to do is deal with a bunch of people who want something."
      Major Major
    19. Re:Searching for keywords may or may not work by pipingguy · · Score: 1


      And conversely, people may use meaningless conversations with many keywords to delay the processing of these investigations.

      Is that why I get spam with completely nonsense subject lines that Thunderbird doesn't tag and delete as spam?

    20. Re:Searching for keywords may or may not work by pipingguy · · Score: 1


      No kidding.

      During the cold war all kinds of spy stuff was used by both sides, but all that technology was put aside after the Soviet Union "collapsed".

      If you put some careful thought to it, it's not all that difficult to lose a trace. Unless, of course, "they" are already monitoring you ("you" being a bad guy) and your contacts.

      You'd never know that they were taking a look.

      I'm still trying to figure out if the CIA/NSA/whatever paranoia is based on Slashdotters having "questionable" materials on their hard drives or if it's legitimate concerns.

    21. Re:Searching for keywords may or may not work by zakezuke · · Score: 1

      Wouldn't real terrorists (y'know, the ones who actually pose a threat) use code? And you'd also think they'd be smart enough to use public telephones as well.

      I don't know any terrorists real or otherwise, but I imagine anyone who's operating on pure emotion is going to be really stupid. I also imagine the pay sucks as well.

      Public payphones where I live had a label on them stating that they were monitored. so I would think that a payphone would probally be a poor choice esp since it's not your property and there would be a record of the call somewhere. A pay as you go mobile would likely be a better choice. It's at least your property and you can pay cash for those suckers, but even then I'm sure there is a record of those people who don't claim the rebate but still pay as you go mobile to pay as you go mobile has got to be one of the more anonymous systems out there... well as long as you actually turn the sucker off.

      --
      There is no sanctuary. There is no sanctuary. SHUT UP! There is no shut up. There is no shut up.
    22. Re:Searching for keywords may or may not work by holzp · · Score: 0

      "National Man In Black At Your Door Day" is much snappier.

    23. Re:Searching for keywords may or may not work by phoenix.bam! · · Score: 1

      Why would you think terrorists of any kind are operating on pure emotion? That is one of the stupidest things I've ever read about terrorism. Do you pictures terrorists as running around screaming JIHAD ALLAH ACKBAR with bright red faces from all the blood pumping and emotion waving their arms around until they finally blow themselves up?

      You don't think they are capable of calming down from their religious driven rage long enough to plan an attack and have calm logical discussions where they work out intricate details?

      You show a serious lack of understanding of who the terrorists are and of course you show no understanding of Why they have a problem with us. Anyone thinking that a terrorist acts like a rabid dog just looking for infidels to kill is seriously underestimating the movitvations and mental state of the terrorist.

    24. Re:Searching for keywords may or may not work by StikyPad · · Score: 1

      While your sentiment is often repeated and seems logical, history seems to indicate otherwise. Organized crime, despite awareness of FBI wiretaps since the 30s, often spoke plainly if they had no reason to suspect their lines were being tapped or when they simply slipped up.

      1930 Ness had his men tap Ralph's phones continuously. With the intelligence Ness gathered, he was able to ram the front door of Capone's South Wabash brewery with a truck outfitted with a snowplow on the front.

      1989 "You know why he's dying?" Gotti was heard saying on an FBI wiretap on December 12, 1989, in reference to a wiseguy whose murder he had ordered. "He's gonna die because he refused to come in when I called. He didn't do nothing else wrong."

      I remember watching interviews with some of the agents involved, and they simply couldn't believe how often mafia bosses would speak plainly, even right after their predecessors had been busted. Terrorists are just as falliable as anyone else, and it's pretty difficult to use code 100% of the time, although encryption is arguably making it easier to mask communications. That's not to say that wanton disregard for the 4th Amendment is acceptable, it's not, but wiretapping is a useful and effective tool of law enforcement.

      The signal to noise ratio for widespread monitoring, however, is very low. I think one of the NSA informants mentioned that there were hundreds or thousands of hours of recordings which hadn't been reviewed because there just isn't enough manpower (specifically arabic translators).

    25. Re:Searching for keywords may or may not work by zakezuke · · Score: 1

      That is one of the stupidest things I've ever read about terrorism. Do you pictures terrorists as running around screaming JIHAD ALLAH ACKBAR with bright red faces from all the blood pumping and emotion waving their arms around until they finally blow themselves up?

      Well, I wouldn't say "jihad allah ackbar".... but basicly some exclamation depending on the background of the person and their reasons before promptly blowing them selves up. The might say "save the whales" before blowing them selves up... or "Accept Jesus"... or "freedom now"... or even "Damn Underpants gnomes". "Starbucks be damned" might be the exclamation.

      You don't think they are capable of calming down from their religious driven rage long enough to plan an attack and have calm logical discussions where they work out intricate details?

      Well I can't assume all terrorists are religious... but anyone with enough anger to want to blow up innocent lives simply is not operating on all 4 cylinders. I'm sorry. I'm sure you have a few smart people who take advantage of the rage invested jarheads giving them a wonderful outlet for their anger. But anyone "that" angry is going to end up spilling the beans to someone, either in person, by telephone, or PC... after all if it's important enough to blow people up over... your going to need to vent esp if as you say you're going to do some intricate planning. "Hey Billy Bob... you know that terrorism thing we were planning, well we better git our selves some scramblers because the *beast* has many heads and double the ears".

      You show a serious lack of understanding of who the terrorists are and of course you show no understanding of Why they have a problem with us.

      Actually you seem to be rather 9/11 obsessed. I wasn't speaking of middle eastern terrorism... I was rather speaking about anyone who *feels* blowing up people would be helpful. But yes... a luntic who blows something up only offering a 3 to 5 word exclamation i'm not going to understand their reasons... nor am I able to ask them. Well I could but I doubt any reply from little bits of person would be insightful. For the most part.. for the most part... anyone who does this is nuts. Perhaps if they were not nuts I might take the time to listen to their issues.

      But yes, I imagine right before someone presses that button their heart is going super fast, and i'm sure their face would be beet red. The survival instinct is pretty strong and one simply has to do work to overcome that. I'm sure there are some disiplined people who could blow them selves up with calm face... but that I imagine would take work. It would be easier to find some jarhead jumping up and down with their exclamations to do it. No shortage of them.

      Anyone thinking that a terrorist acts like a rabid dog just looking for infidels to kill is seriously underestimating the movitvations and mental state of the terrorist

      If someone for example blew them selves up in a starbucks... I am going to think of them as a rabid loon and not listen to a damned thing they have to say. This isn't ignorance but a tactical solution. Any sort of act like that is going to have some sort of message attached to it... and the best defence is to ignore it... and only listen when they are not being a nutjob.

      To borrow an idea from Thomas Paine... When terrorism becomes a pointless medium to spread a message... it's time to find a new medium. To quote Billy Bragg, "The revolution is just a t-shirt away".

      --
      There is no sanctuary. There is no sanctuary. SHUT UP! There is no shut up. There is no shut up.
  9. Re:And this has what to do with technology...? by massivefoot · · Score: 2, Funny

    Perhaps you can enlighten us. What classified information has Mr. Tice revealed?

  10. In Soviet Russia... by Anonymous Coward · · Score: 5, Funny

    American citizens were spied on without warrant all the time!

    1. Re:In Soviet Russia... by HeroreV · · Score: 1

      And we liked it! Kids these days with there "rights" and "freedoms" and "privacy" jibberjash don't know how good they've got it!

    2. Re:In Soviet Russia... by slavemowgli · · Score: 1

      Considering that most US-Americans seem to consider it their (or, at least, their government's) god-given right to spy on anyone who's not from the USA without any oversight, warrant or second thoughts whatsoever, I fail to see why that's so bad.

      Surely if you expect someone else to swallow these things, you should be willing to swallow them, too? If you (and I'm referring to the general Slashdot public here, not the parent poster specifically find it outrageous that other countries spy on US-Americans, why don't you find it outrageous that the USA do the same to others, too?

      You can't have your cake and eat it, too.

      --
      quidquid latine dictum sit altum videtur.
    3. Re:In Soviet Russia... by Anonymous Coward · · Score: 0

      You spy on NSA

    4. Re:In Soviet Russia... by jahudabudy · · Score: 1

      You can't have your cake and eat it, too.

      Exactly. That's why I need to eat mine so fast; once I am done, if you haven't finished, I can take yours...

      --
      ...sometimes, in order to hurt someone very badly, you have to tell that person terrible lies. - PA
  11. Family Guy by Anonymous Coward · · Score: 0

    OMG, if you put glasses on him, the man would be Peter.

  12. You have to wonder.. by Corbets · · Score: 1
    The NSA revoked Tice's security clearance in May of last year based on what it called psychological concerns and later dismissed him.

    Psychological concerns like, say, his inability to keep a secret?

    1. Re: You have to wonder.. by Black+Parrot · · Score: 2, Insightful

      > > The NSA revoked Tice's security clearance in May of last year based on what it called psychological concerns and later dismissed him.

      > Psychological concerns like, say, his inability to keep a secret?

      More likely psychological concerns like respect for the rule of law.

      --
      Sheesh, evil *and* a jerk. -- Jade
  13. he broke the first 2 rules! by tont0r · · Score: 1, Funny

    "The first rule of SIGINT is you DO NOT TALK ABOUT SIGINT"
    "The second rule of SIGINT is you DO NOT TALK ABOUT SIGINT"

  14. semantic issue mostly by globaljustin · · Score: 2, Insightful

    "If you picked the word 'jihad' out of a conversation," Tice said, "the technology exists that you focus in on that conversation, and you pull it out of the system for processing."

    I'm not defending the intelligence community's tactis, per se, Americans deserve to know why warrants weren't requested.

    OTOH, if all they were doing is looking for jihadists, then I'm not going to march on Washington just yet. I'm concerned about the word 'terrorist' being expanded to include people who smoke weed, bitch about the government, and download .mp3s 'illegally'.

    We need to clean up the process, or if there is some classified reason why warrants just could not be requested...well, that needs to be declassified, explained, and reviewed by the media, congress, etc.

    --
    Thank you Dave Raggett
    1. Re:semantic issue mostly by christian.elliott · · Score: 0
      OTOH, if all they were doing is looking for jihadists, then I'm not going to march on Washington just yet. I'm concerned about the word 'terrorist' being expanded to include people who smoke weed, bitch about the government, and download .mp3s 'illegally'.


      Kinda like this then eh? They're never going to tell you who exactly they're watching. The only way people will find out anything if is someone from the inside comes forward, as this person did. I only hope that people who "blow these whistles" do not find themselves in precarious positions inside or outside of the country.
    2. Re:semantic issue mostly by aussie_a · · Score: 2, Insightful
      I looked up the American constitution (I don't know it off by heart, I know. I'm a terrible Australian). It has an ammendment that I think you might find informative.
      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.

      Now last I checked, that ammendment hadn't been repealled. Whenever the American government infringes on one of your rights as layed out in the constitution, you need to take action immediately. It is the bible in which the government knows how to act towards it's people. If it doesn't follow it in its entirety, then it will continue to break more and more parts of it. If you don't think the ammendment is necessary for America in this day and age, have it changed. But whilever it is in the constiution, it should be enforced.

      Nowhere in that ammendment does it say "unless you're a terrorist or it's important to the security of the nation." And I don't think mentioning a "keyword" should be grounds for "searches" on their communication (in fact, I'd argue having a program looking for keywords in the first place counts as searching, and without probable cause at that if it is applied blindly to America's citizens).

      Don't let your rights be wittled away. Or your children might not have any.
    3. Re:semantic issue mostly by Anonymous Coward · · Score: 0

      If you own the media that the music is from, why would you need to download MP3s?

    4. Re:semantic issue mostly by Anonymous Coward · · Score: 0
      OTOH, if all they were doing is looking for jihadists, then I'm not going to march on Washington just yet.

      Then you have fallen into the administration's trap and have totally missed the point. It isn't whether Bush was looking for terrorists, it is that Bush bypassed the Judicial branch of government when the Constitution clearly states he must. Our government was designed to have three branches which each keeps either of the other two from becoming too powerful through a system of "checks and balances". Maybe you remember some of this from high school Civics class? Bush has been overstepping his authority and this is the first time that someone has been brave enough to protect the republic by telling the press what is actually happening. But I have to wonder... how many abuses are reported and how many are kept secret out of fear for their career or even their life? (Quite a few whistleblowers mysteriously commit suicide even though their friends and family say they would never consider such a thing.) That's a sad end for someone who was only protecting freedom and the American way of life.

    5. Re:semantic issue mostly by Anonymous Coward · · Score: 0

      OTOH, if all they were doing is looking for jihadists, then I'm not going to march on Washington just yet. I'm concerned about the word 'terrorist' being expanded to include people who smoke weed, bitch about the government, and download .mp3s 'illegally'.

      My concern isn't whether "they" are looking for criminals, that's their job; it's what "they" define as criminal that is at stake. For instance, is that weed smoker buying hash from a terrorist, or did they grow medicine in California themselves?

      The actual problem is that without judicial oversight, there's no way to know if "they" are only tapping criminals in order to prevent harm to America, or if "they" are tapping opposing American political groups in order to prevent harm to their party.

      So, yes, I agree; the system needs cleaning. Otherwise, not only do American citizens lose their liberties, America cannot defend itself against spurrious definitions of crime and consequently cement a single party into office.

    6. Re:semantic issue mostly by Derling+Whirvish · · Score: 1
      Nowhere in that ammendment does it say "unless you're a terrorist or it's important to the security of the nation."

      Um, yes it does. It's right there in the word "unreasonable." Only "unreasonable" searches are prohibited. "Reasonable" searches for "terrorists or if it's important to the security of the nation" are wholly allowed. Indeed this is how FDR justified the "Office of Censorship" that searched through all international mail, telegrams, and telephone calls (and even censored them if the Army decided they needed to be censored) before and during WWII.

  15. Re:I think this says it all. by TripMaster+Monkey · · Score: 5, Insightful


    They may be illegally listening to average americans, but that's illegal as a technicality.

    Bullshit. It's either legal or illegal. The phrase 'illegal as a technicality' makes about as much sense as 'pregnant as a technicality'.

    If you're listened to by the NSA, who cares really?

    I CARE. I have a fundamental right to privacy, like every other American citizen. The argument of 'if you're innocent, you have nothing to fear' is a recipe for oppression.

    YOU'RE NOT THEIR TARGET

    Not yet, anyway...

    It's illegality on a technicality like sharing music with friends so they can go buy their own copy of a CD. Not immoral and not reprehensible.

    Really? I think the RIAA might take issue with you on that. What a perfect refutation of your entire argument.

    --
    ____

    ~ |rip/\/\aster /\/\onkey

  16. If youre listened to by the NSA, who cares really? by digitaldc · · Score: 2, Informative

    Famous last words of the ignorant masses.

    http://www.online-literature.com/orwell/1984/

    --
    He who knows best knows how little he knows. - Thomas Jefferson
  17. There Was Nothing stopping Bush doing this legally by TheDoctorWho · · Score: 5, Insightful

    Nothing was stopping Bush from doing this in a legal manner. NOTHING.

    Bush, during campaign 2004 repeatedly told the American people he would never do such a thing, even with the mis-named Patriot Act in place.

    Bush Logic: Since the Terorrists hate our freedoms, perhaps we should take away the freedom of Americans. That will show that Bin Laden.

    Bush, worst president in US History.

  18. Re:I think this says it all. by grazzy · · Score: 1

    I'm sure you'll also agree it's perfectly sensible to crosscheck that movie tip you gave your aunt against your credit card statement. Just to make sure you didn't *shrug* download it or something. Right? Why not automaticly sending fines to people mentioning they jailwalked or drove to fast to their meeting? You know, they're all *CRIMINALS*.

    Why stop there? Why not earn an extra buck by selling information to Wal-mart? You might be expressing opinions against their monopoly on groceries, that would clearly indicate both an anti-american thinking and some extra vochers. I'm sure certain elements in the white house would like to know which blacks to imprison for minor charges like drug possesions (all blacks are users you know) to make sure they cant vote (but hey, we all know blacks doesnt vote anyway, right).

    All in all, good thinking. Please stop the terrorists. Just make sure you know which ones are the terrorists.

  19. Spiderweb model gone haywire by jurt1235 · · Score: 1

    Telephone calls to and from the subject are represented in a spiderweb model. Telemarketing firm calls suspect and several 10.000ths of other people. Others are called by other marketing firms again. Model explodes?
    Or this one, just as interesting: The model takes marketing firms in account, a marketing firm employee is a terrorist (not suspected) and does the communication by calling terrorist one, communicate, than terrorist two, etc.. So what to do when you use the model? Include firm because of the second case, exclude firm because else about everybody except the UNA bomber is a terrorist (UNA bomber did not have telephone is his residence (-:, and he was working alone, so the model would not work anyway).

    --

    My wife's sketchblog Blob[p]: Gastrono-me
  20. Mmm... doughnuts! by Anonymous Coward · · Score: 0

    Whoa, the must be serving free doughnuts at the NSA!

  21. Civil liberties by Anonymous Coward · · Score: 0

    Like most people, I'm a little more than annoyed that our civil liberties are slowly ebbing.

    I whole heartedly disagree with this statement. Out civil liberties are not slowly ebbing. If you think you had more in the past, you are living in a dream world. All that's happening is that technology is allowing the easier gathering of information and in turn, it is allowing the populace to find out just how tenuous our civil liberties were to begin with.

    To paraphrase from "The Usual Suspects", "the greatest trick the govt ever pulled was to make people think that their civil liberties ever existed".

  22. Mine by EBFoxbat · · Score: 0

    All your communications are belong to us.

  23. Re:I think this says it all. by kalbzayn · · Score: 2, Insightful

    How do you know they are after them and not us? How do you know where they draw the line between them and us? If they say they are not allowed to do something, but then you find out they were doing it some of the time anyway, how can you really be comfortable that they are not targetting you?

  24. Constitutional crisis brewing by harris+s+newman · · Score: 3, Insightful

    Mark my words, this will turn into a constitutional crisis, especially if Bush and Chaney are not impeached for their wrongdoing. What we have is not, as Chaney put it, a strengthing of the executive branch. This is a takeover of the democratic process itself. The president is acting as a dictator by being above the law. I have already written all my representatives on this matter, and I recommend that if you feel strongly that your rights were violated (either directly through spying, or indirectly by the violation of constitutional laws), you should also write your representatives. Oh, and the argument by Bush that he is protecting the homeland is hogwash, especially if you believe him when he took the oath of the presidency to "protect the constitution". If he truely is protecting the homeland, he must uphold his oath of the presidency and protect the constitution. By protecting the constitution, I mean also that he must abide by the constitution and it's laws.

    1. Re:Constitutional crisis brewing by AlienSlav · · Score: 1

      (and the argument by Bush that he is protecting the homeland is hogwash)

      I know who my neighbors are and my neighbors know who I am, We no longer know who our congressman is. The only terrorist in our hood is the 9 year old kid that never seems to sleep at night. Come this November we will all Know who everyone is again.
      AlienSlav>)

    2. Re:Constitutional crisis brewing by ScentCone · · Score: 4, Informative

      Mark my words, this will turn into a constitutional crisis, especially if Bush and Chaney are not impeached for their wrongdoing

      You're a little confused. The constitutional crisis would come because of some lame impeachment campaign along those lines. By the way... how do you feel about the Democrat members of the congressional and senate committees who are regularly tuned into this sort of thing? How did you feel about it when the previous administration backed up the very same type of authority and action? For example, here's Clinton's deputy Attorney General (Jamie Gorelick) testifying before the House Permanent Select Commitee on Intelligence in 1994:

      "The Department of Justice believes -- and the case law supports -- that the president has inherent authority to conduct warrantless physical searches for foreign intelligence purposes and that the president may, as he has done, delegate this authority to the attorney general..." She added that the same authority pertains to electronic surveilance such as wiretaps.

      How about Jimmy Carter? Should he have been impeached? In 1978 his Attorney General (Griffin B. Bell) testified before a federal judge about warrantless searches he and President Carter had authorized against two US men suspected of spying for the Vietnamese government.

      Were you listening, in 1994, when Clinton used his regular radio address to discuss a new policy of using warrantless searches in particularly violent US public housing developments? No?

      Using intel about Al Queda associates to track down who is calling them (or being called by them) when some of those calls terminate in the US is fundamental stuff. Not using every means to track that stuff would be a dereliction. Specific warrants covering every twist and turn of electronic communications being used by someone who calls a rotating, daily-changing array of disposable cell phones is essentially impossible. That's why the NSA's data mining is so appropriate in this case, and the CinC is absolutely correct to authorize its use. When an Al Queda safe house in Pakistan is raided, and a seized laptop includes lists of phone numbers in the Middle East, we need to be able to immediately, and persistenly follow up on any call from the US that reaches out to those same numbers, and follow the trail of other people who are calling those people, especially from overseas. But you can't list that stuff in a warrant because you don't (and can't) know it in advance.

      --
      Don't disappoint your bird dog. Go to the range.
    3. Re:Constitutional crisis brewing by Anonymous Coward · · Score: 0
      We're talking a little more serious crimes, warranting more than just impeachment. Normally, I'm opposed to necklacing though in this case I'd even suspend my aversion for pay-per-view if it were so televised. However, I'd settle for watching them go to jail. However, more likely is that his handlers' friends will tell the media the own to let it slide and cover AIDS or football or someting.

      You can make fun of his crimes and those of his cabinet and staff all you want, but at the end of the day they are very serious breaches of the country's most important laws, values and morals.

    4. Re:Constitutional crisis brewing by Greyfox · · Score: 1

      I've been wondering why impeachment proceedings haven't already started over the whole wiretapping thing. Clearly Bush's behavior was unconstitutional. Then I realized that if you impeach Bush, the stress will kill Cheney in about a week. Who gets to be president then? IIRC, it's Ted Stephens from Alaska. You know, the jackass who killed the defense spending bill by putting oil drilling in ANWAR in it. I've seen that nutjob in action in Congress and I'd just as soon stick with the current management. It'll take a few decades to correct the damage they're doing to the country, but at least we'll be able to fix it.

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    5. Re:Constitutional crisis brewing by dr_dank · · Score: 1

      This is a takeover of the democratic process itself. The president is acting as a dictator by being above the law.

      This is why his base loves him. To them, he's a maverick who won't allow stupid red tape to stand in the way of protecting the American people. The more he does it, the more they eat it up.

      --
      Where does the school board find them and why do they keep sending them to ME?
    6. Re:Constitutional crisis brewing by Zathrus · · Score: 5, Insightful

      For example, here's Clinton's deputy Attorney General (Jamie Gorelick) testifying before the House Permanent Select Commitee on Intelligence in 1994:

      Which lead to Executive Order 12949 on Feb 9, 1995 because he was told that this was not legal, but it was allowable to fall under the jurisdiction of FISA.

      In 1978 his Attorney General (Griffin B. Bell) testified before a federal judge about warrantless searches he and President Carter had authorized against two US men suspected of spying for the Vietnamese government

      Which lead to the creation of FISA, because SCOTUS deemed it to be unconstitutional without both Congressional authority (the creation of FISA) and judicial review (the FISA court itself).

      Neither of which is analogous to the case before us now -- we have a redux of what Carter did in 1978, except that this time it's been ongoing for over 4 years and is in direct contradiction to the SCOTUS ruling that lead to the creation of FISA in the first place.

      e need to be able to immediately, and persistenly follow up on any call from the US that reaches out to those same numbers, and follow the trail of other people who are calling those people, especially from overseas. But you can't list that stuff in a warrant because you don't (and can't) know it in advance.

      And you don't need to. FISA allows for warrantless wiretaps for a limited duration -- as long as they're submitted to the FISA court for approval within 72 hours. Precisely what prevented Bush and the NSA from doing that? They've already increased FISA requests by over 70% since 9/11, and out of 5645 requests only 3 have been completely denied (an additional 3 denied, but then granted upon appeal or modification). I think you'd be hard pressed to find any other court that approves 99.95% of all warrants requested over four years (and that percentage is much higher if you go over the court's entire history -- prior to 2001 there was only 1 warrant denied w/o later approval by FISA).

    7. Re:Constitutional crisis brewing by Anonymous Coward · · Score: 0

      So you're faulting them for failing to do some paperwork? And how does it work that if the wiretapping is done "warantless" and then 3 days later the FISA courts denies it. The information is already gathered.

      This is a way overblown issue, since the president is a republican.

    8. Re:Constitutional crisis brewing by UdoKeir · · Score: 1

      But you can't list that stuff in a warrant because you don't (and can't) know it in advance.

      Which is why the FISA law is in place. Are you not paying attention or deliberately ignoring the fact that warrants can be obtained after the fact?

    9. Re:Constitutional crisis brewing by ScentCone · · Score: 1

      we have a redux of what Carter did in 1978, except that this time it's been ongoing for over 4 years and is in direct contradiction to the SCOTUS ruling that lead to the creation of FISA in the first place

      I believe that all of the legal/constitutional/legislative wrangling on this (not to be confused with the media wrangling, which on this, as in all things, serves every audience poorly) will revolve around the substantial differences between the examples we both cited/expanded-upon and the current (and unprecendented) circumstances. Specifically, Carter did not face a devastating attack by a loosely knit (if idealogically tight) group of multi/non-national terrorists funded by parties all over the world in cooperation (logistically, financially, etc) with people traveling through or residing in the US. Clinton did face such attacks (on embassies, a Naval vessel, and a barely-effective one on the WTC) but did much less about it, especially as it regards the countries hosting training facilities and harboring those directing the attacks. If 9/11 had happened when he still held office, even he could not have avoided taking military action and hugely ramping up wide-ranging surveilance (a la the current topic).

      The point is, 4 years ago the intel agencies and the executive branch finally shifted into a necessarily more pro-active, war-like mode, as such conflicts demand. But we haven't faced such a conflict before - not exactly - and we certainly haven't been on a war footing, historically, in a time where people plotting bombings had access to cheap disposable phones and anonymous internet access.

      Much of the domestic end of the communication in question is a dead end well before the 72 hours in question would even be a meaningful deadline. A phone picked up at a gas station is used for the day, and never seen again. Sounds like we need more of a reporting-to-court about this month's prowling, rather than some formatted more like a traditional warrant request, which requires someone on the court to actually think it all through. There's just too much of it (with the NSA's capabilities looking at those international calls) for even an army of judges to meaningfully, contextually review. That doesn't mean we should be without records, especially in the event that an actual action is taken based on that data mining - even a "traditional" military one, let alone domestic law enforcement (like, arresting a guy at the airport based on his radiologically-related phone calls).

      --
      Don't disappoint your bird dog. Go to the range.
    10. Re:Constitutional crisis brewing by belmolis · · Score: 1

      After VP Cheney, the next in line to become President is the Speaker of the House, who is currently Representative Dennis Hastert, not Senator Ted Stevens. I wouldn't be thrilled to see Hastert become President either.

    11. Re:Constitutional crisis brewing by GungaDan · · Score: 1

      Third in the line of succession of Speaker of the House - Hastert. You remember him, right? Another "honest republican" who gets his gravy from Turkey, if ya know what I mean...

      --
      Eloi are stupid, throw morlocks at them!
    12. Re:Constitutional crisis brewing by colinrichardday · · Score: 1

      Necessarily more pro-active, war-like mode, as such conflicts demands. What conflict? Seriously, are we in such peril that we should allow the President such power?

    13. Re:Constitutional crisis brewing by goon+america · · Score: 1
      For example, here's Clinton's deputy Attorney General (Jamie Gorelick) testifying before the House Permanent Select Commitee on Intelligence in 1994:

      Come on, where did you copy this point from? Gorelick testified as much because she believed that 1) there was no law restricting federal physical searches (as opposed to electronic surveillance) and 2) she believed that such a law should be passed.

      Here, shall I amend your quote with the sentence that followed it?

      At the outset, let me emphasize two very important points. First, the Department of Justice believes, and the case law supports, that the President has inherent authority to conduct warrantless physical searches for foreign intelligence purposes and that the President may, as has been done, delegate this authority to the Attorney General.

      Second, the Administration and the Attorney General support, in principle, legislation establishing judicial warrant procedures under the Foreign Intelligence Surveillance Act for physical searches undertaken for intelligence purposes.


      Such a bill did eventually pass the following year and the federal government is now required to seek a warrant for physical searches.

      She added that the same authority pertains to electronic surveilance such as wiretaps.

      I'm not sure what you're talking about if you read the actual testimony. She specifically said that the law which failed to address physical searches did in fact cover electronic searches.

      ...the Department of Justice believes that Congress can legislate in the area of physical searches as it has done with respect to electronic surveillances, and we are prepared to support appropriate legislation.
    14. Re:Constitutional crisis brewing by ScentCone · · Score: 1

      What conflict? Seriously, are we in such peril that we should allow the President such power?

      Yes.

      Let's say that the next Jose Padilla is not dumb enough to get caught, and does manage to work with some people to scrounge up some radiological material from some used dental x-ray machines or industrial hardware. Let's say he and some buddies, living in Queens, have bought a few pounds of black powder or other modest explosive/propellant, and are now chit-chatting with their spiritual coach back in Amsterdam (who in turn is chatting, via Germany and then Jordan, with someone who gets his playbook from a guy that makes phone calls to suburban Karachi, where that guy gets regular foot-traffic messages from a certain guy on a Pakastani/Afghanistan borderland poppy farm.

      If our clue that something relatively small and easily produced, waiting in a backpack in a studio apartment in Queens, is about to be used is because the NSA detected a pattern of communication that leads back to a mobile phone purchased with a questionable credit card account earlier that day, then we must must must act. Can you imagine (compared to 9/11) the economic chaos and fright-fest that would happen in the wake of even a single sidewalk near Wall Street or near the Capital in DC getting contaminated by cesium residue in a suicide bombing? Or if, just like Madrid, half a dozen trains pulling into Grand Central Station were bombed?

      Remember: the intent in Madrid was to have all of those bombs go off at once, in the station - in the hopes of bringing the station roof down on thousands of people. Remember the cost of the transit strike in NY in December? That was a peaceful loss of some infrastructure for three days... and it cost the city of NY hundreds of millions of dollars, impacted jobs and livelihoods, etc. That's nothing compared to the fear and panic that even a cheesy dirty-bomb attack would produce. Now, imagine that there were five or six of these guys, using cell phones to coordinate similar events in San Francisco, Boston, Chicago, Seattle, Miami, New York, and DC. That it has not happened is not dumb luck, and preventing it means that the plans for the next round will be that much more dire and designed to be mentally shocking in a way that will make 9/11 seem quaint. It doesn't have to involve airplanes, skyscrapers, or even thousands of lives... it's the media fest they're after. It's why they burn hundreds of people alive in Bali bars, and blow up crowds of children getting candy in Baghdad... mental impact.

      The "peril" (which is a good word) may not be directly to life and limb for the vast majority of Americans - but the impact on their lives, jobs, bank accounts, etc., could be gigantic. My bet: they'll time the next serious domestic attempt for just before the next presidential election, trying to pull off another bit of Spanish election engineering.

      --
      Don't disappoint your bird dog. Go to the range.
    15. Re:Constitutional crisis brewing by wsherman · · Score: 1
      ...Carter did not face a devastating attack...

      Not directly relevent to the question of warrentless searches but...

      Carter was facing total nuclear annihilation of the USA by the USSR. Bush is facing the collapse of a couple large buildings.

      If 9/11 had happened when [Clinton] still held office, even he could not have avoided taking military action...

      While it is likely that Clinton would have taken military action against Afghanistan, the assertion that occupying Iraq will decrease terrorism is highly speculative and unsupported by objective factual analysis. It is by no means certain that Clinton would have taken military action against Iraq.

      The point is, 4 years ago the intel agencies and the executive branch finally shifted into a necessarily more pro-active, war-like mode, as such conflicts demand.

      The thing is, if democracy is going to be informed democrcay rather than a popularity contest (or a dictatorship) then the general public needs to know whats going on (and ideally, on important issues they should decide directly).

      If Bush had admitted that he was disregarding the constitutional requirement for warrentless searches in the last presidential election and let the people decide whether to vote for him with full knowledge of his policies that would have been OK. Of course, it would have been even better if Bush had let the American people decide for themselves, in a constitutional referendum, whether to repeal the constitutional prohibition against warrentless searches.

    16. Re:Constitutional crisis brewing by xeno-cat · · Score: 1

      Clinton did much less? Clinton already had the special forces in Afghanistan looking for terrorists in the 90's. Clinton revamped the US military such that it would be more capable of fighting the types of quick asymmetric battles we are now finding ourselves in. The Bush administration po-pohed the whole notion of Bin Laden and terrorism being a threat, until they attacked NYC. Even still, Bush fought his wars with Clinton's military.

      I am not a Clinton fan boy by any stretch but to claim he did less to fight terrorism is just absurd and is Bush apologism at it's upmost worst. It is clear from very recent history that the Bush administration is dangerously disohnest and clueless as to how to protect America, not "American Interests".

      Kind Regards

      --
      "A few great minds are enough to endow humanity with monstrous power, but a few great hearts are not enough to make us w
    17. Re:Constitutional crisis brewing by Politburo · · Score: 1
      Were you listening, in 1994, when Clinton used his regular radio address to discuss a new policy of using warrantless searches in particularly violent US public housing developments? No?

      You're deliberately misrepesenting this as ordered by your GOPist masters. Here's what was really proposed.
      Meanwhile, the Clinton administration has proposed security guidelines for housing authorities across the country, including provisions for locking building entrances and lobbies, frisking suspicious-looking people, and including a clause in leases under which tenants would agree to warrantless searches under some circumstances.
      Emphasis mine. While I don't agree with this policy, if you agree to a warrantless search, it's legal (watch Cops.. this is how they make 90% of their busts). However, even this method was ruled unconstitutional, as it put the tenants in the position of agreeing to warrantless searches or not having housing.Source. and source.

      The thing is, with this issue, it was all in the open. Suits could be filed, people knew when they were searched (this is a huge difference), Congress could legally discuss the matter, etc. etc.
    18. Re:Constitutional crisis brewing by Coryoth · · Score: 1

      et's say that the next Jose Padilla is not dumb enough to get caught, and does manage to work with some people to scrounge up some radiological material from some used dental x-ray machines or industrial hardware.

      Then we should all... not be terribly disconcerted.

      Let's say he and some buddies, living in Queens, have bought a few pounds of black powder or other modest explosive/propellant

      Then you at least have something to worry about.

      Let's be clear here: "dirty bombs" are, in practice, no more dangerous than conventional explosives. The radiological part doesn't really make a damn bit of difference. To keep the radioactive material sufficiently concentrated to actually be capable of doing any harm you have to have such a small explosion and spread it over such a small area that's its pointless. Spread it over a wide area with a decent explosion and it simply isn't that dangerous. The only difference a dirty bomb makes is: (1) A little extra cleanup expense, but given that we're cleaning up after a bomb already the extra expense to clean up the radiological component sufficiently is marginal; (2) People will PANIC!

      So the single most dangerous part of a dirty is that people will panic. And why will people panic? Because they keep getting told that a dirty bomb is some grave and terrible threat. It isn't. And if we actually spent more time explaining the reality rather than using scare tactics we could easily and safely remove the only real threat that dirty bombs have over conventional explosives - the panic from the public.

      Jedidiah.

    19. Re:Constitutional crisis brewing by DanQuixote · · Score: 1

      -- The worst 9/11 damage has nothing to do with the twin towers, the pentagon or the other lost flight.

      -- The worst 9/11 damage is not being commited by terrorists.

      -- The worst 9/11 damage will not cease until U.S. citizens awaken, put away their fears and rise up to put a stop to it!

      --
      "We think people rightly feel that once they buy something, it stays bought," --Suw Charman, Open Rights Grp
    20. Re:Constitutional crisis brewing by Anonymous Coward · · Score: 0

      So, what exactly are you arguing here? You're just mentally masturbating with fictitous disaster scenarios.

      Let's say he and some buddies, living in Queens, have bought a few pounds of black powder or other modest explosive/propellant, and are now chit-chatting with their spiritual coach back in Amsterdam (who in turn is chatting, via Germany and then Jordan, with someone who gets his playbook from a guy that makes phone calls to suburban Karachi, where that guy gets regular foot-traffic messages from a certain guy on a Pakastani/Afghanistan borderland poppy farm.

      So, they are chit-chatting with a known terrorist in another country (either on IM or a phone) so they get flagged for surveilance. As the law exists, the NSA can monitor them legally. They can monitor these guys for 72 hours before even going to FISA for a warrant.

      If our clue that something relatively small and easily produced, waiting in a backpack in a studio apartment in Queens, is about to be used is because the NSA detected a pattern of communication that leads back to a mobile phone purchased with a questionable credit card account earlier that day, then we must must must act.

      And in the above scenario, you already can do this. If the communications are between known foreign agents and US citizens, they can be legally intercepted for up to 72 hours before getting a FISA warrant. The FISA warrant will be trivially easy to get if there is a known foreign agent at play.

      Since there is already nothing to stop law enforcement from monitoring the communications, we can finish your masturbatory fantasy knowing that Jack Bauer kicks the door down and saves the day.

      Really, this issue isn't about individual wiretaps, it's about monitoring and sifting through large volumes of communications. It's about monitoring as much as you can and choosing who you want to spy on after the fact, something the letter of the law doesn't allow. Do not try to paint scenarios that do not reflect this.

      My bet: they'll time the next serious domestic attempt for just before the next presidential election, trying to pull off another bit of Spanish election engineering.

      More masturbatory fantasy. Keep betting on the next big terrorist attack, that way you can pat yourself on the back and say 'I knew we werent doing enough, and I already know who I want to blame for it!' I remember a lot of people betting on terror attacks around the last Presidential race, I've heard some say that it will happen around midterms, whatever.

      Just about everyone who thinks they see it coming is just licking their lips at the chance to lay the blame. 'Libtards' would blame it on our foreign policy, the continued war, or whatever. 'Neocons' would blame it on the 'Libtards' and how they 'embolden' or 'coddle' the terrorists or whatever.

      As for the term 'Spanish election engineering', I find that to be very ignorant. The Spanish election engineering came more from the gov't blaming seperatists for the Madrid bombing than anything else.

    21. Re:Constitutional crisis brewing by ScentCone · · Score: 1

      Oh, lighten up a bit. My point was to illustrate that we are not without some peril along these lines, and that people who loudly proclaim their intent to kill heretics, and also make phone calls into the US are worth a listen-to, despite what the previous commenter implied. It's not "the president" who's sucking around looking for power in this area - it's the NSA's JOB.

      I'm scarcely "licking my lips" at prospect of something like this. I live in the DC suburbs, and have family around town. Good friends lost their own friends in the Pentagon. I don't want to see direct damage, or the indirect damage caused by panicky people in the wake of any terrorist theatrics. But I also dislike people implying that there's simply no risk at all. There is.

      --
      Don't disappoint your bird dog. Go to the range.
    22. Re:Constitutional crisis brewing by Anonymous Coward · · Score: 0

      despite what the previous commenter implied

      The previous poster implied that it is probably not worth granting even more powers to federal spy agencies. I would be tempted to agree: The NSA can already spy on citizens engaged in communication with forgeign powers that have been deemed terrorist-linked.

      I didn't read an implication that there is no threat, but it is possible that they meant it that way. You could interpret 'federal agencies do not need more power' to mean 'there is no threat that demands them more power' or it could mean 'they already have power enough'. My argument is the latter.

      I will, however, apologize for the dramatics

    23. Re:Constitutional crisis brewing by UdoKeir · · Score: 1

      Got it: you're pretending that it's too difficult because it's your team breaking the law. Way to piss on the constitution you neo-fascist loving ideologue.

    24. Re:Constitutional crisis brewing by ScentCone · · Score: 1

      Got it: you're pretending that it's too difficult because it's your team breaking the law. Way to piss on the constitution you neo-fascist loving ideologue.

      I always love it when people mis-use the word fascist. I won't even bother with that one. On your other point, though:

      It's not "my team" that's lazy and wishing it wasn't "difficult," and thus breaking laws. It's any agency and administration facing these circumstances. The framework doesn't realistically deal with situations like this, which can result in (as a network) thousands of calls over a short period of time... calls which are thereafter not repeated, and for which a retro-active warrant is totally meaningless. I don't think it's helpful to ask sitting judges to be intelligence analysts looking through thousands of one-time communications that won't need warrants under FISA because the numbers won't continue to be surveiled anyway. The process for ongoing, but 72-hour windowed, warrants still makes sense when the people being watched actually stick with related forms of communication for several or more days... but intelligence gathering from the large groups that revolve around the foreign contacts we're worried about are completely moving targets. And they use things like bags of 50 cell phones, one time each, for exactly that reason. No warrant process, even the delayed variety called for in FISA, even bears on such a situation. That's exactly what the NSA is for, and that's exactly what they're doing, and what they've asked the CinC (with briefings of both "teams", as you put it, in Congress) to continue to authorize.

      The Constitution calls for the defense of the country just as it calls for personal liberty. The founding fathers were all too familiar with spies living domestically (what with many of them being caught and executed during the conflicts that formed this nation). Subsequent administrations, especially including those on what I guess you'd have to call "your" team, did things way, way more grievous than monitoring communications to and from known foreign terrorist connections. You know, things like rounding up thousands of people, including US citizens, based on race, and putting them in camps during WWII? Classic anti-Constitutional "prior restraint." Ah, such a liberating feeling, having a Democrat as a president! What? That's overblown rhetoric? Right. Just like yours.

      --
      Don't disappoint your bird dog. Go to the range.
  25. How long until the book? by Anonymous Coward · · Score: 0

    This is sounding like marketing for an upcoming book.

  26. 1984: the computer did it, not the vidicon... by dpbsmith · · Score: 1

    The vidicon was the first small, lightweight cheap television camera, developed IIRC in the late 1950s or early 1960s. It was a vacuum tube, but it was "about the size of a hot dog," and it enabled the development of television camera that were about the size of a VHS camcorder and cost about $1000. It was a revolution and led to the use of closed-circuit TV cameras by serious amateurs, schools, corporations, and for surveillance. (It wasn't up to broadcast quality, and TV studios continued to use the gigantic iconoscopes and image orthicons).

    When it came out, the press--I particularly remember an article in Time magazine--commented that this was the invention that would for the first time make it possible to develop "telescreens" like the ones described by George Orwell, and would usher in the era where Big Brother was watching you.

    Of course the problem was always that as long as it takes a human being to interpret the information, the ratio of number of spys to the number of people spied upon is too large to be economical for intruding on ordinary citizens.

    But now, all of Orwell's technical visions are starting to become true--courtesy of computer technology....

    1. Re:1984: the computer did it, not the vidicon... by Ihlosi · · Score: 2, Informative
      Of course the problem was always that as long as it takes a human being to interpret the information, the ratio of number of spys to the number of people spied upon is too large to be economical for intruding on ordinary citizens.



      Why, do like the STASI* did: Have half of the population spy on the other half. Or even better, have everyone spy on everyone else.



      * (Ministry of State Security in the former German Democratic Repulic)

  27. So what? by Anonymous Coward · · Score: 0

    Government conspires against citizens. News at 11.

  28. Mods? by Ubi_NL · · Score: 1

    Why is this modded as flamebait?

    ALthough the moderator may disagree with parents opinion (finding it naieve for example), the post is not a flamebait at all. Although I also disagreee with the opinion stated in the post, the text itself is honestly expressed, not meant to insult and should therefore not be modded as such.

    If you disagree with the post, reply. Don't be a weazel and abuse your mod points

    --

    If an experiment works, something has gone wrong.
  29. Re:I think this says it all. by ducttapekz · · Score: 0, Flamebait

    I agree with the above. I think that the NSA should be able to collect all of the information they want. It isn't hurting me if the have transcripts of every phone call I make as long as they are using it for national security.
    The comment isn't flamebait just because you don't agree with it or it has a conservative point-of-view.

  30. Re:I think this says it all. by Saven+Marek · · Score: 1

    > Really? I think the RIAA [riaa.com] might take issue with you on that. What a perfect refutation of your entire argument.

    Because the RIAA is the upholder of all that is good in this country?

    That is truly the saddest thing I have read on slashdot.

  31. Cant you remove this crap? by Anonymous Coward · · Score: 0

    is this supposed to be funny?

  32. mod parent down by globaljustin · · Score: 0, Offtopic

    So incredibly off-topic...anyone who gives parent post positive mod points is just as bad. This is a by-the-book flamebait.

    This post was rated 'insightful'...yeah about as insightful as those 'bad bush' fad t-shirts during the election.

    I hate Bush's policies and admin. style probably MORE than parent poster, but there is absolutely NO WAY anyone on the other side will listen as long as this bullshit:

    Bush Logic: Since the Terorrists hate our freedoms, perhaps we should take away the freedom of Americans. That will show that Bin Laden.

    ...is considered 'insightful'

    --
    Thank you Dave Raggett
    1. Re:mod parent down by Anonymous Coward · · Score: 0

      HAHAHAHAAA your offtopic whore, no go to your room and cry..

  33. In other news... by ErichTheRed · · Score: 1

    former NSA Employee Russell Tice

    In other news, authorities are investigating the disappearance of former NSA employee Russell Tice. He was last seen in the area of Ft. Meade in Maryland. "I don't know what could have happened to him," one neighbor said, "one morning he was outside getting the newspaper, and the next he was gone."

    Seriously, shouldn't he be a little worried about having an unfortunate accident in the near future??

    1. Re:In other news... by UdoKeir · · Score: 1

      He'll probably found dead, having committed suicide. Like these two folks that pissed off the Bush dynasty.

  34. Wiretaps DID Stop Terrorist Attacks by Kamel+Jockey · · Score: 0

    It's because the evidence isn't there to justify them. This is why Bush directed the NSA to go around FISA and just wiretap whenever they felt they needed to, oversight (and evidence) be damned.

    The problem is that you won't have any real "evidence" until after the terrorist act is committed and people are dead. The question any politician must as is... "Do I want to be the one to tell the American people... yea, we knew about this guy, and we obeyed the law and didn't go get him, and he was able to kill thousands..?"

    One of these wiretaps was able to stop a guy by the name of Iman Ferris who was plotting to blow up the Brooklyn Bridge. Can anyone imagine how horrific that would have been, especially during the recent NYC transit strike? The death toll would have easily passed that of 9/11. Personally, I don't care if the government found out that he had an outstanding parking ticket (as an example) to keep this guy off the streets so that he can't go and kill thousands of people.

    This whole situation reminds me of when the IRS went and finally busted Al Capone. That agency was able to do what no other government agency could, and they did it by nailing him on tax laws for which you cannot use the standard courts to defend yourself (you go to U.S. Tax Court for that). I am sure that most of the people in Chicago were happy to have his butt off the streets, no matter what the reason was for initially nailing him.

    --
    In case of fire, do not use elevator. Use water!
    1. Re:Wiretaps DID Stop Terrorist Attacks by Photon+Ghoul · · Score: 1

      Fear!!!! Scare!!!! Run hide!!! We will protect you at any cost!!!! It's for your own good!!!

      Pitiful.

    2. Re:Wiretaps DID Stop Terrorist Attacks by Anonymous Coward · · Score: 2, Informative

      The problem is that you won't have any real "evidence" until after the terrorist act is committed and people are dead.

      Just like we had no evidence before 9/11.

      Oh wait...we did.

      One of these wiretaps was able to stop a guy by the name of Iman Ferris who was plotting to blow up the Brooklyn Bridge.

      That is the worst possible example you could have used to support your case. Iman Ferris' phone was tapped with a warrant from FISA. They already had evidence that he was an Al-Queda operative before he even entered the country.

    3. Re:Wiretaps DID Stop Terrorist Attacks by timeOday · · Score: 2, Interesting
      The problem is that you won't have any real "evidence" until after the terrorist act is committed and people are dead.
      OK, so you don't like the 4th ammendment. But you can't just ignore it, even if you're the President; you'll have to get it repealed. But I and many others will oppose you. Until then (and this question is really directed to the President), what gives you the legal right to ignore what you think is a bad law?
    4. Re:Wiretaps DID Stop Terrorist Attacks by Zathrus · · Score: 4, Insightful

      One of these wiretaps was able to stop a guy by the name of Iman Ferris who was plotting to blow up the Brooklyn Bridge.

      And he reported that there was no way they could do it -- there was too much security. And, btw, where's the evidence that this guy was caught via the wiretaps in question? He was arrested by NYC police, not by federal agents. And there appears to be no information about him beyond this one CNN transcript.

      There's been absolutely no explanation for why Bush couldn't use the FISA court, just as it was intended to be used. Except that, for some reason, he doesn't think the 4th amendment applies. Despite repeated US Supreme Court rulings stating exactly the opposite thing.

      BTW, there's absolutely no evidence that the FISA court is obstructing the Administration's requests. Just go look at the reports yourself.

      2004 -- 1758 applied for, 3 withdrawn, 1 withdrawn and re-applied for, 1754 approved, 0 denied, 94 modified (don't ask me about the discrepency; it's in the report)
      2003 -- 1727 applied for, 1724 approved, 4 denied, 1 re-approved after denial, 79 modified
      2002 -- 1228 applied for, 1226 approved, 2 denied, 2 appealed and approved, none listed as modified
      2001 -- 932 applied for, 934 approved (2 from December 2000), 2 modified

      I didn't bother looking back further than that, since it's not relevant to Bush's post-9/11 activities. Which just makes his abridgement of the 4th amendment and SCOTUS rulings that much more questionable.

    5. Re:Wiretaps DID Stop Terrorist Attacks by Anonymous Coward · · Score: 0

      The death toll would have easily passed that of 9/11.

      People went to the World Trade Center and actually stayed there for most of the day working. When people go on a bridge, they don't park there cars and stay for hours, they try to get right off again as soon as possible. Not that your rediculous FUD had any credability anyway, but this comment really makes you appear dilusional.

    6. Re:Wiretaps DID Stop Terrorist Attacks by Col.+Klink+(retired) · · Score: 1

      He was gonna bring it down with a blowtorch. Adminstration officials act like this really had a chance, but really...

      Nevertheless, how would you like to be the agent that captured a terrorist who was released because the evidence against him was illegally obtained?

      http://www.cbn.com/cbnnews/news/051229d.asp

      --

      -- Don't Tase me, bro!

    7. Re:Wiretaps DID Stop Terrorist Attacks by brontus3927 · · Score: 1
      "Do I want to be the one to tell the American people... yea, we knew about this guy, and we obeyed the law and didn't go get him, and he was able to kill thousands..?"

      If a politician had the balls to say that and not skirt the issue, I'd vote him/her in the re-election.

    8. Re:Wiretaps DID Stop Terrorist Attacks by UdoKeir · · Score: 1

      Despite repeated US Supreme Court rulings stating exactly the opposite thing.

      Don't worry, there's a fix in progress for that problem.

    9. Re:Wiretaps DID Stop Terrorist Attacks by cold+fjord · · Score: 1
      And he reported that there was no way they could do it -- there was too much security.

      I hope you don't think that suggests that he should be let off the hook.

      And, btw, where's the evidence that this guy was caught via the wiretaps in question? He was arrested by NYC police, not by federal agents. And there appears to be no information about him beyond this one CNN transcript.

      This doesn't directly say, but it is strongly hinted at in some measure, i.e. the new Patriot Act information sharing that is now expressly allowed contributed to his down fall.

      There's been absolutely no explanation for why Bush couldn't use the FISA court, just as it was intended to be used. Except that, for some reason, he doesn't think the 4th amendment applies. Despite repeated US Supreme Court rulings stating exactly the opposite thing.

      You seem to wrongly assume that the FISA court is the only source of authority for surveillance, and that this was illegal. There are strong arguments on the other side, that the administration's actions were completely legal if seldom used Presidential powers. And keep in mind that both Congress and the Courts were informed that they were doing this.

      You have the Supreme Courts views on this, and law on the 4th Amendment wrong:
      The Fourth Amendment includes requirements for the issuance of search warrants, and many critics of the NSA program seem to assume that this means that all searches must be executed pursuant to a warrant. This assumption is wrong. There are dozens of situations where warrantless searches have been approved by the courts. The overriding principle is that searches of Americans (defined to include resident aliens) must be reasonable.

      One of the many situations where warrantless searches have been approved is when the government is seeking foreign intelligence information, such as information relating to potential terrorist threats. Next to the Constitution itself, of course, the highest authority is the United States Supreme Court. At least three Supreme Court cases have discussed this subject.


      BTW, there's absolutely no evidence that the FISA court is obstructing the Administration's requests. Just go look at the reports yourself. ....

      I didn't bother looking back further than that, since it's not relevant to Bush's post-9/11 activities. Which just makes his abridgement of the 4th amendment and SCOTUS rulings that much more questionable.


      Your investigation into the FISA courts activity didn't quite get all of the interesting facts by stopping just a little too early:
      The judges modified only two search warrant orders out of the 13,102 applications that were approved over the first 22 years of the court's operation. In 20 of the first 21 annual reports on the court's activities up to 1999, the Justice Department told Congress that "no orders were entered (by the FISA court) which modified or denied the requested authority" submitted by the government.

      But since 2001, the judges have modified 179 of the 5,645 requests for court-ordered surveillance by the Bush administration. A total of 173 of those court-ordered "substantive modifications" took place in 2003 and 2004, the most recent years for which public records are available.

      Warrant requests rejected

      The judges also rejected or deferred at least six requests for warrants during those two years -- the first outright rejection of a wiretap request in the court's history.

      Based on what you've presented so far, I don't think your views are well supported by the facts.
      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    10. Re:Wiretaps DID Stop Terrorist Attacks by Zathrus · · Score: 1

      I hope you don't think that suggests that he should be let off the hook.

      No way -- let him rot in jail for 20 years. Good riddence.

      i.e. the new Patriot Act information sharing that is now expressly allowed contributed to his down fall.

      Yes, but that was under PATRIOT -- what the Administration is doing is outside of PATRIOT and was not authorized in the least by it. I have issues with some (not all) of the PATRIOT act as well, but that's not what we're talking about. The PATRIOT act even calls for judicial review in most instances (and it's the ones that are outside of that purview that I have issue with).

      There are strong arguments on the other side, that the administration's actions were completely legal if seldom used Presidential powers.

      Thanks for the links -- I'm already familiar with the arguments in the first, but the second was interesting. And while I agree, to a limited extent, that the wiretapping of foreign nationals is legal when it comes to international communications, it is not at all clear that doing so to domestic calls is allowable -- and it's been stated (although not confirmed AFAIK) that the NSA didn't merely tap international calls, but would spider-web out from the domestic end to other domestic taps -- and that's certainly not on stable legal ground. Neither link even tried to address that either.

      And keep in mind that both Congress and the Courts were informed that they were doing this.

      There's some question as to exactly what Congress was informed of -- several of the senators on the intelligence committee have said that they were not informed as to the nature or scope of the program, and that if they had been aware that they would not have approved of it. Additionally, the security on it was so tight that the senators could not consult with anyone else (staff, lawyers, etc) on it, which makes it questionable that they were able to make a properly informed decision as to its legality.

      As for the courts -- what court was informed of it? Certainly not FISA.

      But since 2001, the judges have modified 179 of the 5,645 requests for court-ordered surveillance by the Bush administration. A total of 173 of those court-ordered "substantive modifications" took place in 2003 and 2004, the most recent years for which public records are available.

      Yes, and note that it's been 5645 requests over 4 years, compared to 13102 requests for the first 22 years. That's a dramatic upswing. And that's not even including the wiretaps we're discussing. That said, I can fully understand the reasons behind the increase -- we were attacked on our own soil after all. So it's entirely understandable.

      That said, the FISA court is a freaking kangaroo court -- traditionally all they've done is rubber stamp the requests (which, honestly, I would expect). Heck, in 1980 they modified one request (the only pre-2000 modification) and granted additional powers that weren't requested. The current composition is made up entirely of Bush appointees, and while some of those are fairly recent, it's clear that he had a majority of the appointees in both 2003 and 2004. What that tells me is that the requests were so flimsy or outside the scope of national security that the court wouldn't just approve them. Heck, the court even publicly rebuked Ashcroft in 2002 over false information provided.

      Instead of questioning the sudden restraint by FISA, I think it's more reasonable to question the warrants being requested. Particularly given that the court was doing this post-9/11 and with Bush appointed members.

      The judges also rejected or deferred at least six requests for warrants during those two years -- the first outright rejection of a wiretap request in the court's history.

      That's untrue. The court denied a request in 1997. And the article in question is also wrong about the number of denials -- there were 4 requests denied

  35. Whistleblowers? by Anonymous Coward · · Score: 0

    You'd think that there'd be an inherent audio problem with wiretapping a whistleblower...

  36. Re:I think this says it all. by Anonymous Coward · · Score: 0

    That's complete and utter dreck. "If you're not doing anything wrong, you have nothing to fear" is one of the most overused and ludicrous canards. There's a very good reason that this sort of thing is explicitly illegal. Enemies lists have a tendency of growing. First it's people who blow up buildings. Then it's practicing muslims, then it's antiwar groups, then it's political opposition.

  37. Lots more discussion going on here by Anonymous Coward · · Score: 0

    There is a lot of discussion going on over here in these offtopic political forums. As usual you have two sides bickering and fighting over non-sense.

  38. Re:I think this says it all. by aussie_a · · Score: 1

    It's very easy to get labelled dangerous and get put on no-fly lists. By illegally monitoring Americans, they can then put those average, every day Americans on no-fly lists and other things to make their lives difficult. Average Americans are their target, because they can't tell the difference between a terrorist and a non-terrorist. Just ask the people in Guantanamo Bay.

  39. Re:There Was Nothing stopping Bush doing this lega by ducttapekz · · Score: 1

    What freedom have you lost? You can still make the phone call. You can still talk about whatever you want. You can publically bash our President. I think you have plenty of freedom.

  40. Re:Uh, yeah. "Spying on Americans" by TheDoctorWho · · Score: 0

    We don't know who they traced, cause Bush went around such tracing.

    And if they were tracing the so called 'bad guys', then why not just use the court? Faux News also misses that point as well, but that's Faux News for ya.

  41. He is NOT a whistleblower by deltwalrus · · Score: 2, Insightful

    A "whistleblower," under Federal law, is someone who, whilst still employed at the offending agency/company, brings illegal action to the attention of internal resources, the point being to remedy the problem. They then are protected from negative action being taken against them, since their intention is to help the organization improve and ferret out evil-doers. The point is not to throw the issue to the sharks in the media AFTER being fired. That's vindictive, not constructive.

    --
    --- "When I think back on all the crap I learned in high school, it's a wonder I can think at all..."
    1. Re:He is NOT a whistleblower by apsmith · · Score: 1

      I thought he told his story to the NY Times over a year ago, before he was fired?

      --

      Energy: time to change the picture.

    2. Re:He is NOT a whistleblower by Politburo · · Score: 1

      Okay, so he's not a whistleblower. That doesn't make him any less of a fucking hero and patriot.

  42. Re:Uh, yeah. "Spying on Americans" by codepunk · · Score: 2, Insightful

    I don't think anyone really cares who the targets are or that the wiretaps are occuring. The problem is they are doing it without Judicial oversite and that is a big problem. It is one thing to wiretap a american it is yet another to do so without the checks and balances provided by the judicial system.

    --


    Got Code?
  43. More information isn't better. by Hoplite3 · · Score: 5, Insightful

    What makes all of this so much more painful to me is that the old intelligence system was turning up the information required. Terrorists were nabbed at the borders, and so on. The New York bombings were on the radar. It wasn't a lack of information that was the problem, it was a lack of analysis. How does taping a hundred, a thousand, a million more telephone conversations help? All of this information has to be mined, but each extraction that is not related to the criminal case comes at the expense of someone's rights.

    We HAD a system that was balancing individual rights with the need for surveillance*, it was working in the sense that good information was being found without tapping one phone in 300.

    Now, the barn is on fire and everyone seems to want to spray water on the house.

    *Need for surveillance -- I'm not convinced that the level of big brother spying conducted before the attacks was warranted. Frankly, the FISA courts scare the hell out of me. I don't like secret warrants more than gag orders or secret laws. I was willing to accept them -- part of the great compromise of democracy -- but they look like they were the slippery slope to today.

    --
    Use the Firehose to mod down Second Life stories!
  44. Re:I think this says it all. by deltwalrus · · Score: 3, Insightful

    "I have a fundamental right to privacy, like every other American citizen."

    Careful. The word "privacy" appears exactly zero times in the Constitution of the United States of America. Though the courts have established this right through legal precedent, these court decisions can be changed (see Dred Scott, et al). The right to privacy in the U.S.A. is hardly "fundamental."

    --
    --- "When I think back on all the crap I learned in high school, it's a wonder I can think at all..."
  45. Sad fate of a whistle blower ... by RageEX · · Score: 1

    I hope he's prepared to loose his house, wife, current job, sanity, life in general. Hopefully something good will come of it.

  46. Re:I think this says it all. by BananaPeel · · Score: 3, Insightful

    "THEY ARE NOT AFTER *YOU* is the main thing to remember" While this may be true at the moment it may not be true in the future. You are assuming that government will always be benign and that you will not take a political stance against any non benign government. Governments especially in times of crisis can change for the worse. How would you oppose a non benign government which has advanced tools which peer into every aspect of your life. Dissenters can be rapidly targeted and removed with ease, freedom of speech won't save you in that situation. You only have to look at history to see how many times bad political changes have happened in the past and that was before governments had such powerful tools to potentially supress people.

  47. I cannot condone this behavior by Anonymous Coward · · Score: 0

    I vote for the Democrat Party all the time, but I cannot condone this guy's behavior. His actions have left us more vulnerable to terrorists around the world since they now know how we are tapping them. Is it any wonder there are many of us who are leaving the Democrat Party for the stronger on defense Republican Party. I didn't like it when George Bush barely defeated Gore in 2000, but Bush really stuck it to the terrorists when he invaded Afghanistan and liberated Iraq after those animals attacked us on September 11th. The worst thing we could ever bring to the terrorists is a living breathing working Democracy. And we've done it, look at Iraq; it's well on its way to thriving after being saved from the Islamofacist grip of Saddam Hussein. Fellow Democrats, I know we are supposed to vote like our fathers, but our fathers never had to consider living in a world where death could come at any minute from the hands of animals wuch as the ones threatening us today.

    1. Re:I cannot condone this behavior by TheDoctorWho · · Score: 1

      You are far more likely to die from so many other things then terrorists. Your paranoia is ruling your thoughts. Iraq is still far from a Democracy, many years to go. Costing a now estimated $2 Trillion by 2010. Also, Saddam has nothing to do with Terrorism. Quit hanging on to false ideas.

    2. Re:I cannot condone this behavior by Anonymous Coward · · Score: 0

      But terrorism is a human initiated death. We can do something about it. I can't stop the lightening from killing me but I can kill the terrorist before he kills me and my family.

    3. Re:I cannot condone this behavior by Yazeran · · Score: 2, Informative

      As if it wasn't already known that the US government listened in on forign telephone conversations and email correspondence??

      The US listened in on soviet military telephone conversations and the like durring the cold war and after 1989 they have used the Echelon system (in colaboration with the UK and Australia) to monitor other electrical communication as well. They also managed to kill some Al Caida chief in Yemen a few years back by using an armed drone (predator drone) after they pinpointed him in a car in the desert. I think they tracked in on his cell phone as he used it and used the attack drone to drop an anti-tank rocket (Hellfire missile?) on his car (as far as i recall not much was left of the car).

      Yours Yazeran

      Plan: To go to Mars one day with a hammer.

    4. Re:I cannot condone this behavior by UpnAtom · · Score: 1

      The US spy on the UK communications and the UK spy on the US and UK communications. Then they compare notes.

      The UK is in the process of building the world's most intrusive mass surveillance system, including car tracking, email surveillance, child databases etc.

      It all starts by numbering everyone under the ID card legislation:
      http://www.bristol-no2id.org.uk/blog/?page_id=5

    5. Re:I cannot condone this behavior by Anonymous Coward · · Score: 1, Insightful

      Breathtakingly ignorant. Good job.

    6. Re:I cannot condone this behavior by NeutronCowboy · · Score: 1

      What really scares me is that a lot of Republicans spew the same exact crap as you.

      Saddam an "Islamofascist"? Iraq attacked the US? Iraq is thriving? Wow. The mind just boggles at what caused such a distortion of facts. Note that Islamofascist means absolutely nothing, and is just a clever word play to scare the masses, like Axis of Evil before. No one, not even Bush, Cheney, Rumsfeld or Rove is claiming anymore that Iraq was behind 9/11. And no one in his right mind can claim that Iraq is on its way to "thriving". It is possible that it will, but a lot of things have to happen (none of which are automatic) before Iraq "thrives".

      You know what scares me the most about the US right now? It really isn't so much that Bush is a nitwit. He'll be gone in 3 years. It is that about 50% of the population of the US believes in things that are blatantly wrong, believes them simply because they were told so by the right people and finally is willing to use massive force based on incredibly bad information.

      It is my very strong suspicion that historians will pinpoint GWB presidency as the turning point when the US lost its superpower mojo. Bad decisions on this scale will not go unpunished.

      --
      Those who can, do. Those who can't, sue.
  48. Re:Uh, yeah. "Spying on Americans" by stinerman · · Score: 4, Interesting

    Tracing calls inbound or outbound to known terrorist phone numbers, in itself is probable-cause, no?

    I'd say it is. I don't think anyone would disagree. Either you're intentionally missing the point in order to troll or you're just ignorant.

    The point is the NSA needs A WARRANT to do the tap. Hell, FISA lets them get a retroactive warrant for up to 72 hours after the fact. What is stopping Bush & Co. from getting a warrant from a secret court that has never denied a single warrant application in all of 2004? Its very likely that they had no probable cause to monitor these people.

    Just another non-issue.

    Apparently the 4th amendment is a "non-issue".

  49. Re:I think this says it all. by Anonymous Coward · · Score: 0

    A right does not become 'fundamental' by being written into the Constitution.

  50. SIGINT? by maxwell+demon · · Score: 5, Funny

    SIGINT officer? Do they also have SIGHUP officer?
    Well, as long as they don't send you a SIGKILL officer ... :-)

    --
    The Tao of math: The numbers you can count are not the real numbers.
    1. Re:SIGINT? by Adult+film+producer · · Score: 0

      I'm guessing it means signal intelligence. SIGHUP would be George Bush's SIGnature of Unilateral Power.

    2. Re:SIGINT? by Anonymous Coward · · Score: 0

      "His methodology has become .. unsound. You are to terminate his process with kill -9."

    3. Re:SIGINT? by sherpajohn · · Score: 1
      SIGHUP would be George Bush's SIGnature of Unilateral Power

      I think it might look better as SIGHUP would be George Bush's SIGnature of Holy Unilateral Power or maybe George Bush's SIGnature of Halliburton's Unholy Power.

      --

      Going on means going far
      Going far means returning
    4. Re:SIGINT? by einhverfr · · Score: 1

      If SIGINT means Signal Intelligence, does SIGKILL involve radio operation in assassination missions and SIGHUP offers the ones that are involved in jamming enemy communications?

      --

      LedgerSMB: Open source Accounting/ERP
    5. Re:SIGINT? by Alt-Ctrl-Freak · · Score: 1

      NSA is responsible for SIGINT. The CIA and its various co-opted agents (Special Forces, other elite forces, etc) are responsible for issuing the kill -9 commands, as well as a certain amount of SIGUNINT, it would appear....

  51. Legal is at its root, (Latin 'legare') a by crovira · · Score: 2, Interesting

    matter of choice.

    What choices we do make is what will define us as a people.

    Some people are making bad choices and hurting and killing other people by the tens of thousands, some people are hurting far many more but killing far fewer.

    I resent the fact that the president just couldn't be bothered to go and get the legal authorization 'post-facto'; perhaps because there was no authorization or justification to be granted; in which case he is a more paranoid bastard than Nixon ever was and doesn't deserve to finish his term in office (but the alternative is the veep? Would we really trust him?)

    The alternative would be worse unless we would watch him like hawks.

    --
    MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
    1. Re:Legal is at its root, (Latin 'legare') a by Surt · · Score: 0, Troll

      I would suggest that the reason he couldn't be bothered was because the veep is in fact the one running the show and he told him not to.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    2. Re:Legal is at its root, (Latin 'legare') a by LilGuy · · Score: 0, Troll

      Well, I think if Bush were to go, Cheney would be watching his ass like crazy. Once you've got one down, what's stopping you from kicking the next screw-up out? Not much unless he completes the police-state while the whole country is now paying close attention; a feat no politician is smooth enough to pull off.

      --

      You're nothing; like me.
    3. Re:Legal is at its root, (Latin 'legare') a by jesup · · Score: 2, Insightful
      I resent the fact that the president just couldn't be bothered to go and get the legal authorization 'post-facto'; perhaps because there was no authorization or justification to be granted
      The reason is that the even the FISA court would have rejected a request covering random or total monitoring of "any and all traffic"; they only approve monitoring traffic of a specified person. That's the real crime here - they may well have monitored ALL calls for keywords, etc. Just discussing what happened with your brother in London might have gotten you sucked into the mass of intelligence gathering, and caused them to start monitoring all your calls, listening to the entirety until they decided you really were just a mailroom lackey from Detroit talking to his brother. Or until they decided it was all elaborate code, and you and your brother silently vanish into black sites...

      That's why this is such a slippery slope. It's not a slope, it's a triple-black-diamond downhill of ice. :-(

  52. Meanwhile, ignored by the media... by Getzen · · Score: 0
    ... since it would help President Bush, a terrorist plot against the U.S. is broken up:

    http://www.aina.org/news/20060106102431.htm

    Getzen

    1. Re:Meanwhile, ignored by the media... by TheDoctorWho · · Score: 0

      And ignored by anyone with half a brain to see through the BS.

      Everything was available to stop 9/11. All the evidence, names, actions of the supposed suspects, without the need to take away Americans freedoms, yet 9/11 happened. More so out of lazinees and nothing to do with spying on americans.

    2. Re:Meanwhile, ignored by the media... by dylan_- · · Score: 1
      a terrorist plot against the U.S. is broken up:
      Can you find any links backing up that tale? The Sunday Times website shows no such headline as "U.S. terror attacks foiled"; in fact the only result googling that phrase returns is that very story on several different websites.

      Also, reports says the planned to attack Italy. Can you find any links supporting the idea they intended to attack in the US?

      Contrast the quote in your article with: "Italy's interior minister, Giuseppe Pisanu on Friday played down the case, saying "too much fuss" was being made about it. However, he said that Italy remains on "high alert" over possible terrorist attacks." (from previous link)

      Finally, the phone taps in this case appear to have been conducted entirely legally. How would this have aided Mr Bush in any way? The Italians can catch terrorists without breaking the law, but Americans can't?
      --
      Igor Presnyakov stole my hat
    3. Re:Meanwhile, ignored by the media... by cold+fjord · · Score: 1
      Maybe this is the story you are looking for?

      Further down in the story you link to is this interesting nugget:
      The three were flush with cash, and moved around constantly between the northern cities of Brescia and Vicenza, the Italian capital, Rome, and the southern city of Naples, police allege. They were also in contact with other terror cells in the northern cities of Venice, Cesena and Milan, as well as the central Italian city of Florence, according to the investigators. They say they also have evidence of the three men being in contact with extremist groups in Norway, France and Britain.

      Bourhama is thought to have undergone training at terrorist camps in Chechnya and Georgia and may be capable of making explosive belts used by suicide bombers. He allegedly had in his possession a bottle of "perfume" containing toxic substances, police said.


      There seems to be a common thread between the groups in the two stories, but they don't appear to be exactly the same bunch.

      I wonder if they were connected in any way to the 20 arrested in Spain trying to recruit Jihadis for Iraq (and who had connections to the attacks in Spain last year)?

      Regarding allegations that the NSA's actions broke the law, I don't think you are getting as many facts and contrary views as are available.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
  53. That's the point, you radical neocon nutjob by Reality+Master+201 · · Score: 4, Insightful
    If there's probable cause, then there's enough material to get a court order.

    The FISA court denied a total of 4 requests betwen 1979 and 2004, out of thousands. The could have gotten the wiretap order if the wiretap was done for legitimate reasons, or on a person they could reasonably suspect. If it was emergency, they could apply up to 72 hours after the beginning of the surveillance.

    There's no valid reason to have done things like this. Orders were clearly legally required, and if they weren't obtainable for some reason, the Bush administration should have sought changes to the law, not ignored the law. That's not how the US works. And since you want to make this a Democat/Republican issue, when did the GOP become the party of violating the law whenever it wants to, without any expectation of punishment? Do you think because Bush is a Republican, he gets the power to just decide he doesn't need to follow a given law if it suits him? I know you'd be howling if Clinton had done the same thing (and don't say he did, because the single thing you can legitimately point to in that regard [the Ames case], was a physical intrusion that wasn't covered by FISA till 1995).

    1. Re:That's the point, you radical neocon nutjob by WheelDweller · · Score: 0, Flamebait

      Minor point: there are no "neo-cons". It was a politial slogan that has never rung true. Conservative motivations are almost completely unchanged since at least th 70's when I learned I was one.

      While we're at it, they're (as a rule) not bigots, homophobes, racists or babykillers. All those are on the other side of the aisle and currently serving terms in congress. Why could they abide a member of the KKK on their team? What's so important to them about abortions? It's not a matter of caring for women; NOW sat on their hands as Clinton abused women. It's just creepy.

      Sure, this administration has been 1)Spending like drunken sailors, 2)Grown the size of the government needlesly and 3)Done no more on illegal aliens than the last 4-5, but he's a lot closer than Kerry or anyone on the other side. Bein Conservative, you're allowed to point this out to the party- it's our way.

      This is what the liberals couldn't understand about the Harriet Myers appointment, so they mis-reported it.

      Sorry- just wanted to set ya straight.

      --
      --- For a good time mail uce@ftc.gov
    2. Re:That's the point, you radical neocon nutjob by Anonymous Coward · · Score: 0

      Warrants were not required, nor could they have been obtained within a 72-hour time period.

  54. Bush Admin indicted by Anonymous Coward · · Score: 0

    Looks like the Bush adminitration has been indicted. Information is here.

  55. Re:Uh, yeah. "Spying on Americans" by spune · · Score: 2, Insightful

    If there is probable cause, there's no issue with going through a court. If the NSA was going through a court for warrants like they should, that provides judicial oversight of the executive branch, a necessary check-and-balance. If the NSA can do whatever the fuck they like, our government lacks transparency and there is no balance of powers -- facism results, as we can readily see. It doesn't matter *who* is being watched, or why. What matters is that we Americans are being spied upon on a widespread basis without warrants, which is a fundamental violation of the rights of all Americans. Terrorism itself is the a non-issue. One major terrorist attack, five years ago, killed almost 3000. Aspirin kills over 10000 people yearly by painful hemmoraging stomach ulcers, and no one even gives a shit. We should be focusing on real problems, real threats to American lives, rather than swallowing the bullshit propaganda our government and media systems alike publish.

  56. "Speak truth to power" was the code once by ianscot · · Score: 3, Insightful
    Intelligence agencies instilling moral values in their agents. What will they think of next?

    Kidding aside, the overriding principle of intelligence in the U.S. used to be "Speak truth to power," once upon a time. The bending of those agencies' souls in the run-up to Iraq is terrifying to anyone who remembers the elder Bush's term at the CIA. George H.W. Bush didn't preside over an agency whose sole purpose was to buttress decisions already made by "instinct."

    "Intelligence" groups do have their principles. They aren't what you'd call morality, exactly, but when they're distorted it ain't any good at all.

    --
    "Fundamentalism" isn't about divine morality. It's about human authority.
    1. Re:"Speak truth to power" was the code once by einhverfr · · Score: 1

      Well said. I am just adding to your argument.....

      There is a reason why the CIA is not supposed to be a part of the Department of Defence. This is because most of the intelligence that used to be done was done by our armed forces. The problem is that this creates a fundamental conflict of interest, and indeed this still occurs today. The CIA is supposed to be an impartial agency which is there to balance out the estimates prepared by the DoD intelligence agencies (including the NSA).

      Note that the NSA is in the DoD framework, but it is important there too to have a tradition of speaking truth to power. But it is different because you have generally had a conflict of interest.

      --

      LedgerSMB: Open source Accounting/ERP
  57. Re:Uh, yeah. "Spying on Americans" by applemasker · · Score: 4, Insightful
    Although you may be correct, it might be probable cause, this is hardly a non-issue.

    Whether it is or not is a determination to be made by a court, not an instrument of the executive branch or the Chief Executive himself. If the Adminstration cannot be bothered to even go through the motions of using the FSIA Court where warrants are virtually never turned down, and can be sometimes asked for AFTER an intercept in emergent cirucmstances, then the Adminstration must view itself as beyond the scope of the Fourth Amendment's proscription against unreasonable searches and seizures. This is dangerous, unprecedented and should not be tolerated.

    Under our system of justice, the ends (i.e., you're talking to Al Quaeda, so the government should listen) do not justify the means (i.e., let's not get a warrant, let's just listen). This fundammental concept is twice enshrined in our Constitution's Fifth and Fourteenth Amendments.

    On a very basic level this clause reflects a judgment that when the government wishes to act in certain ways, it must follow certain procedures; that is, provide an accused with what has been called "Due Process of Law." Sometimes the question of the extent of what process is due can be hotly debated. There is no debate, however, that the Fourth Amendment proscription against unreasonable searches and seizures requrires that the police obtain a warrant from a judicial officer before such a search can take place. The Adminsitration no doubt is aware of this, but has chosen to ignore it.

    It also ignores (not just here, but in other instances) that the Constitution regards the "process," of justice is so important, that in cases where the government fails to give an accused Due Process and obtains evidence in defiance of the accused's Constitutional rights, such evidence will not be allowed to be used in the prosecution (the "Exclusionary Rule"). Again, the administration ignores this judgment by our Constitutional Founders (which makes W's insitance on "Strict Constructionists" for the SCOTUS somewhat hilariously ironic) that individual guilty men may, in fact, go free, to protect the integrity of the system and insure that the executive respects the law it is charged to enforce. The is supposed to serve as a deterrent to instruments of the executive (police, FBI, etc.) to follow the system of checks and balances by, for example, asking a judicial officer for a warrant before (of, in the case of the FSIA, sometimes even after) executing a Fourth Amendment search.

    --
    Bush Lies On the Record.
  58. Re:And this has what to do with technology...? by Anonymous Coward · · Score: 0

    I guess that is for the investigation to figure out. While Mr. Tice can have his opinion of things, what he did was not the right way to do it. He could have taken it to the committee in Congress that oversees that stuff. I hope he goes to jail personally.

  59. Re:I think this says it all. by Anonymous Coward · · Score: 0

    Actually it has not been decided yet if it is legal or illegal. Since the president does
    have the authority in war time.

    second These numbers were found on terrorists cell phones. Which is a VERY good
                  reason to check on those people.

    Third they had notified the Congress and had informed FISA.

  60. NSA DOS attack! by Anonymous Coward · · Score: 0

    President Bush, speaking on Sunday:
      "If somebody from al-Qaeda is calling you, we'd like to know why"

    If I was OBL I would instruct everyone to start phoning random Americans, or even better - American politicians, and just say something like "operation MARVIN is a go, allah be with you" and hang up before they can reply. It would be interesting to see how many end up on do-not-fly lists.

    With enough manpower the NSA would be tied up for ages!

  61. USSID 18 by Polarism · · Score: 1
    --
    All your base are belong to Google.
  62. Encrypted VOIP by Anonymous Coward · · Score: 0
    But it can't be Skype or other closed source. Without the ability to do a code audit, there is no way to be sure that it's not as full of holes and back doors as a MS product.

    Maybe you yourself can't do the audit, but without the source no one can.

  63. My favorite quote... by Lester67 · · Score: 1

    "The mentality was we need to get these guys, and we're going to do whatever it takes to get them."

    Like that's a bad thing.

    1. Re:My favorite quote... by Anonymous Coward · · Score: 0

      Perhaps you'd think differently if it were you accidently getting mixed up in that "do[ing] whatever it takes to get them." According to the interview, just saying the wrong thing at the wrong time would get you mixed in with those they were trying to get, if only to a minor degree, even if "They" weren't supposed to be listening.

      That "Whatever" shouldn't include illegal activities.

    2. Re:My favorite quote... by Anonymous Coward · · Score: 0

      It isn't, unless you re-phrase it as what it actually is:

      "The mentality was we need to get these guys, and we're going to compromise the fundamental democratic principles of every citizen if we think it will get them."

      I'm sorry, but I don't believe the end justifies *EVERY* means.

    3. Re:My favorite quote... by Guysmiley777 · · Score: 1

      we're going to do whatever it takes to get them. Like that's a bad thing.

      Yeah, "whatever it takes" can neeeever go wrong.

      In other news, at a press conference today President Bush made this statement: "We need to get serious about fighting the terrorists. Because of information obtained from classified sources that indicates terrorists are planning to subvert the 2006 elections, I am declaring myself 'El-Presidente for Life' to thwart the terrorist plans of subversion." El-Presidente Bush then announced that starting tomorrow all media outlets will only be allowed to report stories after verification from the newly formed Department of Truth.

      --
      Coding with assembly is like playing with Legos. Coding an application in assembly is like building a car with Legos.
    4. Re:My favorite quote... by mattsucks · · Score: 1

      "The mentality was we need to get these guys, and we're going to do whatever it takes to get them."

      Like that's a bad thing.


      Someone in NYC is a terrorist, so we're doing whatever it takes to get them. Are the nukes ready?

      'Whatever it takes' thinking IS a bad thing.

  64. Re:I think this says it all. by LordPhallus · · Score: 2, Informative

    Let me propose a different scenario that might help you understand the detriment of the "You have nothing to fear, if you have nothing to hide" mentality. Hypothetical Fast forward a couple years. The government has installed automatic road monitoring devices that can track when people are speeding and where they are going, no problem, you don't have anything to worry about, just don't speed. No problem. The government also required all new cars to have road monitoring software, which just so happens to contain a killswitch for law enforcement, that will disable your car if need be, Great!, now if someone steals my car, law enforcement can just disable it, this will protect people! A year later, you're sitting with your wife in your living room, watching reruns of Fox News, feeling great about your police-state-protected suburban life, you look over and your wife is grasping at her chest, unable to breathe. She's having a heart attack. 911 service in your area is bogged down / inefective (problem exists today in some areas) so you need to rush your wife to a hospital yourself. You get her to the car, jump in, and start racing down the road. You get a mile down the road, and the automatic road monitoring system flags you as a speeder, and uses the the software in your car to correct your speed, causing you to go the speed limit. Your wife is dieing, so you continue to force the pedal down. No luck, you can't get your car over the speed limit. Your wife dies on the way. Or maybe the road-side monitors just shut your car off the first time.. and your wife died. Or maybe it just alerted a nearby officer, who pulled you over for speeding and didn't listen to you when you tried to explain yourself.. and your wife died. You are'nt a criminal, you have nothing to fear, except not bieng able to take matters into your own hands because they've been tied behind your back.

  65. NOT a whistleblower by TheConfusedOne · · Score: 1, Flamebait

    Revealing classified information to the media is illegal. Stop. End of discussion.

    There is a well established (as in legally defined) process for intelligence people to bring any problems that they might have to various review boards in the millitary, the DoJ, the NSA, and Congress as well. The "Domestic Wiretapping" program was actually already undergoing these reviews over the course of years.

    Thanks to this "principled whistleblower" and his friends we have now lost a source of actionable intelligence. This on top of apparently arrests of people in Italy who were planning to launch attacks aimed at much greater casualty figures than 9/11. (You can go and ask the NYT why they didn't bother reporting this to you.)

    --
    --- I wish I could hear the soundtrack to my life. That way I'd know when to duck.
    1. Re:NOT a whistleblower by Legion303 · · Score: 0, Flamebait

      "Thanks to this 'principled whistleblower' and his friends we have now lost a source of actionable intelligence."

      Moron.

    2. Re:NOT a whistleblower by Politburo · · Score: 1

      Care to back up your assertions of review (not simple notification) by Congress, DOJ and the NSA? Also please some more information on Italy.. perhaps the NYT didn't report it but surely someone did (Italian media perhaps?).

    3. Re:NOT a whistleblower by Anonymous Coward · · Score: 0

      Spying on Americans without a warrant is illegal. Stop. End of discussion.

      We've lost an illegal source of actionable intelligence.

      And, it's not clear AT ALL that the source is worth a shit.

      Quit being such an idiot.

  66. That's the trouble with telling falsehoods by tkrotchko · · Score: 4, Insightful

    "Disbelieve whatever the President says and believe whatever his enemies say"

    That's the trouble when you lie sometimes. Not only do people disbelieve you all the time, they start believing your enemies. Which is why its a bad idea to lie in the long run.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
    1. Re:That's the trouble with telling falsehoods by bhirsch · · Score: 1

      Why do you so readilly believe the news media then? I almost never watch TV news, but favor the radio instead. Whenever I do watch TV news, I am always shocked at how slanted or just inaccurate their stories are.

    2. Re:That's the trouble with telling falsehoods by pboulang · · Score: 1
      Ah yes, radio: the last bastion of moderation.

      Real journalism does appear to be dead here in the US. Much of that is due to not having enough sources. Some is also due to the fact that people think that editorials are "News". Talk shows are not news.

      --

      This comment is guaranteed*

      *not guaranteed

    3. Re:That's the trouble with telling falsehoods by bhirsch · · Score: 1

      I said nothing about talk shows, though I like them too. I do receive a nice, traditional AM news station where I live.

    4. Re:That's the trouble with telling falsehoods by OakDragon · · Score: 0, Troll
      That's the trouble when you lie sometimes.

      And what falsehoods would those be? Oh, I know 99% of /. believe that "Bush lied about WMDs." But that's just not the case. Even assuming that Saddam had decommissioned his WMD collection (of which there is little evidence), and not shipped them off to Syria (of which there is some evidence), then we are still stuck with the matter of whether that's a "lie" or not. I submit that at worse, it's a mistake, a misconception.

      Keep in mind, I hope the WMD are gone, and gone for good, not just to Syria. But the question remains, Saddam did have and use them - where are they now? Maybe he used up his stockpile.

      I'm sure you have other examples of "lies" though, so feel free to vent.

    5. Re:That's the trouble with telling falsehoods by Mordantos · · Score: 1

      Which is why its a bad idea to lie in the long run.

      Well, I would say it is a bad idea to be caught lying...

  67. Some times you have to admire the presses timing by RageEX · · Score: 1

    Here's a little article I'd like to share on the scope of the NSA 'wire tapping'. It's titled: Spy Agency Mined Vast Data Trove, Officials Report if you want to google it. It's originally from the NY Times but they like to lock up articles and make you pay for them. The original popped up in an obscure corner of the times on Christmas Eve. What great timing for such a story...

  68. Enemy of the state quote by Lost+Penguin · · Score: 1

    "We thought it was a STO; standard training operation"

    --
    I am the unwilling control for my Origin.
  69. Re:WRONG! by TheDoctorWho · · Score: 2, Interesting

    Who went after CUM stains on a dress rather than Bin Laden?

    Is it too much to ask to have a 'smart' guy running the free world?

    And quit blaming Clinton for Bush's solid performance as Village Idiot.

  70. Re:And this has what to do with technology...? by massivefoot · · Score: 1

    If he is found to have broken the law without adequate justification, it is quite possible he will go to jail. That is the risk you take if you deem it necessary to disclose such information.

    Would you be equally happy for Bush to go to jail if he is found to have been responsible for the illegal wiretaps in question?

  71. Oh I see by BitterAndDrunk · · Score: 1, Insightful
    So if historically our presidents have broken the law and trampled on our rights, we should just let it slide in the name of tradition?

    I view intelligence activity as an iceberg - most of it is hidden beneath the surface. That which pokes out normally indicates something much larger lurking beneath the surface.

    Stop playing the fucking cheerleader, it's unbecoming.

    --
    You better watch out, there may be dogs about . . .
  72. Re:I think this says it all. by Hoplite3 · · Score: 1

    >I CARE. I have a fundamental right to privacy, like every other American citizen. The >argument of 'if you're innocent, you have nothing to fear' is a recipe for oppression.

    And by "privacy", you're referring to the right against unreasonable search and seizure. "Unreasonable" here is defined as searches conducted without a warrant issued by a judge. And eavesdropping on telephone calls is a search, otherwise other forms of private communication (the mail) would enjoy higher forms of privacy even though they are essentially the same.

    The bar was set very, very low with the FISA courts (too low, in my opinion), but that's too much protection now?

    And, on privacy: These events do little but engender cynicism. "Left and Right" have no meaning anymore. They're teams, slogans, bad words to call people, not ideological positions. Which side is the side for privacy? For limited government power? I suppose I know the answer: which ever side isn't in power.

    Now that's depressing. The best I can hope for with these "kooky" ideas about liberty is to be an obstructionist.

    --
    Use the Firehose to mod down Second Life stories!
  73. Re:I think this says it all. by Anonymous Coward · · Score: 0

    this post doesn't make a single valid point, except for proving that the public school system can't teach grammar worth jack. oops, look who's talkin'

  74. Easy answer. by khasim · · Score: 3, Insightful
    If you buy something from me, then who owns the information about that transfer?
    You own the information that you sold item X.

    You do NOT own the information on who bought item X.

    You, being the vendor, have more limited privacy rights than I as the private customer do.

    When you load slashdot, you handing bytes to your ISP requesting that they hand it to several of their peers, then have those peers hand it back to you. Who "owns" those exchanges?
    Again, look at the vendors and the private customers. /. is a public site, so they don't own the info on my connection.

    Comcast is a public vendor so they don't own the info on my connection.

    Comcast does own the info that they were requested to connect to /.
    & /. does own the info that Comcast requested a connection.
    but
    neither of them own my name.
    1. Re:Easy answer. by theStorminMormon · · Score: 3, Insightful

      That's a nice, pat theory. I'd like to hear a lawyer inform us as to how much of it has any reflection whatsoever in case law.

      Personally, however, I think information laws are bit more complex in reality. For example if you buy some fertilizer at Store A and they have your credit card # (your personal ID) and then you go blow something up with a bomb made from that fertilizer and the FBI comes calling - do they have the right or responsibility to transmit the data they have on you?

      So let's not be hopelessly idealistic. If you buy something from a store w/ a check or a credit card - they DO have your info. It's silly to say they "don't own it". They have it - the question is what can they do with it? And the answer, from the above, is obviously not "nothing ever under any circumstances".

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    2. Re:Easy answer. by shanen · · Score: 1, Insightful
      Well, as I already noted (and IaNaL, though I had a very high LSAT score), the basic notion of the right to be secure in your person and property is included in the Bill of Rights of the American Constitution. I haven't checked all of the countries, but most legal systems seem to include similar rights, whether or not they are respected. However, what is happening now is that more and more of the information about you is being stored 'out there', and other people are claiming ownership over *YOUR* information, and doing whatever they want to do with it.

      Trivial example. I think I should have the right to control who uses the personal information that is my email address. I would absolutely deny that permission to spammers.

      Serious example. I think my identified images on any surveillance cameras should be stored on my computer. If someone accuses me of being in a certain place at a certain time, I should have the right to decide whether or not I want to provide the proof. Even if I have the proof that I was somewhere else at the time in question, it should be my right to decide whether or not I want to answer any such questions.

      --
      Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
    3. Re:Easy answer. by theStorminMormon · · Score: 4, Insightful

      I think you're on a quixotic quest. Consider that the surveillance camera is not a camera - it's someone who recognized you. Do you have the right to keep them from testifying unless you want to should you ever be on trial? No - information about your whereabouts in a public place is in the public domain. The problem is in the past you had to rely on random chance to find someone who would recognize you. Now, however, the information "out there" can be stored, replicated, and collated.

      There are a lot of troubling concerns here. In a cash economy your purchases can't be tracked without intrusion. In a credit card economy your purchases are tracked by definition. You seem to want to have the benefits of technology and yet the benefits of no technology at the same time. My real point is that some of this loss of private information is utterly inseperable from the advances that we have in technology.

      If you live alone in the woods, no one can know where are you are at a given time. If you live in a big city lots of people know, but they don't talk so it remains disconnected data, not actionable information. If you live in a small town less people know, but they tend to talk, and so everyone actually has information on your whereabouts - not just data. There's no law or technology acting in any of these cases, but your level of privacy fluctuates based on the nature of the society in which you live. Technology is changing our society - thus it will change our level of privacy.

      There are pros and cons to this. You list bad examples - reasons you want your information private. And they are valid. But consider medical emergencies. I'm allergic to morphine, but I have no PCP right now. If I were injured and taken to a hospital and they were able to scan my fingerprints and access my medical records they would know not to give me morphine. As it is - they're going to have to find out the hard way I'm allergic. If it was a fatal allergy (it's not) that would suck for me.

      So in response to your "private information is mine" ideology I reply: no it's not and it never was. It has nothing to do with government or technology - it started the moment there were three or more thinking human beings on the planet. You have to dump the utterly unrealistic notion that you can somehow stop people from talking about you - and that's essentially what everything from surveillance cameras to credit card tracking is.

      If you do that, then you can start to grapple with the actual implementations. I'm not saying we can't do anything about the fact that our private information is becoming rapidly more available. We can influence what is legal and what is not, what is allowed and what is not, and we should. But in order to be a part of the discussion you have to realize that *some* change is utterly inevitable. If you don't like big city anonymity - don't live in a big city. If you don't like small town gossip - don't live in a small town. Very few people are going to sympathize with someone who says "I love the small town feel, but I just hate that everyone knows what I'm doing". At least, not to the point where they would be willing to help you try to change it. The gossip is part and parcel with the small town feel - the two are inseperable. To somem extent, a digital trail is inseperable from a digital life in the same way.

      You can't always have your cake and eat it too.

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    4. Re:Easy answer. by dada21 · · Score: 1

      Yeeesh, its a good thing YANAL :)

      Your right to be secure in your person only is safe from government and public agents of government -- they have a monopoly on using force, but you are protected from certain aspects of force.

      If you come onto my property, you are no longer secure in your person. I can ask that everyone that walks on my land be naked and have a body cavity search performed -- you're free to stay off my property if you don't agree.

      If you're out walking around, I don't believe government has a right to video tape. I do believe, though, that anyone else is free to. If you don't want to be videotaped, go live on a 100 acre ranch with big trees. If someone tries to walk on your land, you have the right to defend yourself (or kick them off).

      Constitutional rights only protect you from government -- private property rights trump constitutional ones.

    5. Re:Easy answer. by AndersOSU · · Score: 3, Insightful

      Well said.

      I'd like to add that there is precious little information that only belongs to one person, even if it is personally identifiable. In fact information that is solely yours is limited to unpublished works that you created on your own time - and that is largely without value.

      Your birth certificate belongs not just to you, but also the hospital, probably the state, and maybe even the doctor who signed it. Your driver's license and Social Security card are probably more the state's property than they are yours.

      The unalterable fact is that we live in a society, are social animals, and as such share information. I'm with the parent saying that it is right that we should try to influence what information is distributed to whom, but to claim that any information regarding you belongs solely to you is (IMO) a bit silly.

    6. Re:Easy answer. by LilGuy · · Score: 1

      Constitutional rights only protect you from government -- private property rights trump constitutional ones.

      Sorry if this was a joke - I don't quite get it. Without constitutional rights, you would have no property because you would not be a citizen...

      --

      You're nothing; like me.
    7. Re:Easy answer. by Shakrai · · Score: 4, Insightful

      In a cash economy your purchases can't be tracked without intrusion. In a credit card economy your purchases are tracked by definition.

      I solved this one. I don't use my credit card for anything that couldn't be tracked anyway (phone bill, cable bill, etc). I'll be damned if my credit union and VISA are going to know what I'm eating this week, or what brand of toilet paper I use, how often I buy gas or where I drink and party.

      You list bad examples - reasons you want your information private. And they are valid. But consider medical emergencies. I'm allergic to morphine, but I have no PCP right now. If I were injured and taken to a hospital and they were able to scan my fingerprints and access my medical records they would know not to give me morphine. As it is - they're going to have to find out the hard way I'm allergic. If it was a fatal allergy (it's not) that would suck for me.

      There are other solutions to that problem that don't involve a big brother biometric database. Ever hear of a med alert bracelet? That said, on the surface a database of medical information like that seems like a good thing. But in reality it would be completely abused by the Government. Go look at your Health Insurance contract. I'll wager that it has a clause saying they can turn over information about you to the authorities. Since when did my medical information become something that could be used against me?

      Take credit reports. Originally started so that banks would know something about who they were loaning money to. Now they've become a big database for Government officials to use to profile people and skip-tracers to use to track down people who don't want to be found. And before you say "That's what they are meant for" -- no, it's not. For every sap trying to hide from his creditors I'd wager that there's an abused woman trying to hide from her abusive ex who is going to track her down thanks to the wonders of the credit report. Well, perhaps it's not a 1:1 ratio, but it's still a concern.

      Beyond that, go read the text of the fair credit reporting act sometime. Read the clauses that are in there for "National Security". As if national security depends on the Government knowing how many times I was late on my Capital One bill. Pfffft, I hate the information age and it's my livelihood!

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    8. Re:Easy answer. by theStorminMormon · · Score: 3, Insightful

      Paying cash is totally fine - but it supports what I've been saying. If you want the benefits of credit card there's no practical way to restrict your private info. It's not just technology, the credit cards needs that info for billing - which is essentially a social issue (since we don't just trust each other to bill the right amount - we want records). And if you don't like people having that info you can pay in cash. Just like if you find small town atmosphere oppressive - you can move to the woods or a big city.

      Rather than responding to everything else point by point it comes down to this: information is power. Data is useless, but data organized is information. Modern tech allows data to be organized and analyzed and mined as never before. So we have new sources of power as never before. Power is neither inherently good nor bad. A biometric database could save countless lives by alerting physicians and pharmacists to dangerous drug interactions. Also - imagine how much we could learn about health care if we knew what drugs everyone was taking, when they went to the hospital, what their family records were, etc. The potential for good is awesome. So is the potential for evil.

      In my opinion the problem is not so much related to the information - the power - but in ensuring that that power is not used for evil.

      And this is where you and I part ways. I don't buy into your "gov't is evil" nonsense. The gov't is people like you and me. It's not a monolithic institution, a single entity. So we should not treat it as some grand empire of shadow - it's just as inept as any other institution.

      But more importantly you think that gov't should be kep from having this power because it can use the power to restrict our rights. I, on the other hand, think that to the extent the gov't restricts our rights it's our fault. We live in a representative republic - and yet fewer than 50% of us vote every year. And those that do are woefully uninformed. Gov't has only as much power as we let it have.

      So I'm in favor of increasing the power and information of the gov't and keeping it in check by increasing openness of public discourse about the gov't.

      In America we have no excuse for saying "the gov't abuses us". We ARE the gov't. And if we've let it grow out of control it is not due to technology, information, or any other excuse. It is due to public inatention and apathy. I find those things far more dangerous than information or even gov't itself.

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    9. Re:Easy answer. by MarkusQ · · Score: 1

      You seem to want to have the benefits of technology and yet the benefits of no technology at the same time.

      You say this as if it's a dumb thing to want. As if it's silly to want cars that don't pollute or pain medicines that don't cause heart attacks.

      I humbly suggest that you have picked up the wrong end of the stick. It is silly (and sometimes dangerous) to blindly assume that any downside to technology is just something we need to live with; in many cases it is reasonable and prudent to expect (even insist upon) the benefits of technology without giving up the benefits of no technology.

      -- MarkusQ

      P.S. (In case anyone cares): I submitted this same story with an almost identical write up (two more links, as I recall) eight hours before this one was submitted. It was rejected.

    10. Re:Easy answer. by Anonymous Coward · · Score: 0
      I'm allergic to morphine, but I have no PCP right now.
      Hey, dude, I have, like, almost the exact problem! Let's trade!
    11. Re:Easy answer. by theStorminMormon · · Score: 1

      Sheesh, people are such lazy thinkers. If you'd read my whole post you'd know none of this really applies to me.

      Your example of wanting a car that doesn't pollute is EXACTLY what I'm advocating. But first you have to know what it is about cars that pollutes and acknowledge that - as things are now - they are going to pollute. It's only after we thoroughly explore the connection between cars and pollution (in the context of american society, infrastructure, and economy) that we can make actual suggestions about getting more enviro-friendly cars.

      It's the difference between going "I wish cars didn't pollute!" and actually studying why we need cars, how they pollute, and being able to come up with actual solutions. And also realizing that somethings got to give. You can't have cheap cars and no pollution.

      All I'm saying is we need to be realistic. Idealists who can't deal with facts don't serve their ideals very well.

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    12. Re:Easy answer. by AndersOSU · · Score: 1

      It's not like that at all. The nature of transportation doens't cause pollution, but rather the fact that we burn oil based hydro-carbons in in IC engines that does.

      Saying you want the benifits of tech and the benifits of no tech is more akin to saying we want to burn oil without producing pollution. It can't happen.

      What the OP is asking for is for people to stop talking to eachother, yet still have a functional society. It can't happen.

      The nature of society prevents all information regarding you to be solely your property.

    13. Re:Easy answer. by bigpat · · Score: 1

      Consider that the surveillance camera is not a camera - it's someone who recognized you.

      This is the part that most people have trouble with, the analogies can be misleading. Your analogy on public observation is correct. A camera should be considered no differently than the observation of a person. As such it should be anyone's right, including the police, to observe public spaces. That includes the right of the press, individuals, corporations to record visual and audio information in a public space. As for police and government use of that video once it has been recorded, that should be a matter of public policy not constitional reasoning. And the community itself should decide whether its police should use cameras. To that end, the power of the purse and political control over policing methods are very important. If a camera is put in place to respond to incidents or threats of physical violence, then the police should not start using it for misdemeanors without public consent either directly or through their elected officials.

      Although, perhaps if laws were applied more uniformly without as much discretion, then it is the laws themselves rather than the methods that are used to apply them which are the proper place for people to address their efforts in a constitutional democracy. If people are harrassed at every street corner for jay walking and start getting tickets in the mail (like those corrupt little "gotcha" stop light cameras in DC) then laws will be changed. And if people have trouble changing laws which the majority disagree with, then we need to address the more fundamental problems of an unrepresentative government having been allowed to evolve.

      But these issues are outside of the constitutional concept of privacy, rather they are the result of an intrusive and pervasive government that has given itself authority over the minutia of people's lives. Privacy itself only protects those things that could be reasonably considered private. What people are really concerned with in the "privacy" debate is really just confidentiality in their dealings with other people and entities. And there is no constitutional protection for confidentiality between people or between you and your government. That is a matter for mere law, but in considering such laws it is important to remember not to interfere with what is a constitutionally protected right, freedom of speech. Any so called "privacy" laws, will very quickly tend to erode our freedom of speech by putting arbitrary prior restraints on that speech. This is why we should simply not expect confidentiality from our government and we should enforce confidentiality on others by use of contract with explicit terms and penalties.

      Expecting confidentiality from our government and expecting our government to act as a clearinghouse for such confidential information is a step towards dictatorship. In this context, "Privacy" means greater and greater concetration of information in the hands of a few and witheld from the public.

    14. Re:Easy answer. by theStorminMormon · · Score: 1

      First of all the constitution doesn't contain an explicit right to privacy. Even Justice Roberts agrees that it does contain a right to privacy in some sense, but as Alito pointed out in the hearing, the right to privacy is not on the same standing as other rights that are explicitly stated. The word privacy does not appear in the Constitution. The basis for privacy in Roe v Wade is absurd (and I'm NOT making a point about abortion, you can be pro-choice and still disagree with the basis for that decision). If a right to privcay exists it's an implied or other offshoot of other rights and ammendments.

      As for your specific example, I'm not going to spend too much time on that. But here's what I think: until now we have lived with inequities in our law because they were unavoidable. You could not universally inforce red light laws - at least not practically. Now, however, with a camera you can.

      People get mad at these because our fundamental understanding of misdemeanor type laws (like traffic violations) has been that the law can not prevent us from driving 90 MPH on the highway. It can only provide a framework for discouragement because if you do you run the risk of getting caught. But you might not.

      So laws designed in this framework suddenly become onerous when they can be universally implied. If we all got speeding tickets whenever we went 1 MPH over posted limit - or even 6 (to honor the mythical 5 MPH buffer) we'd be up in arms. And if the gov't tried to plant monitors in all our vehicles - we'd be outraged.

      But this is despite the fact that driving over the speed limit is illegal according to our elected gov't officials and that a cop has every right to determine how fast you're driving if he sees you and give you a ticket.

      The crucial point is that "if he sees you". Our laws were designed to be broken - and when they can be universally applied we will want new laws. The problem, in my opinion, is not with privacy but with the fact that our laws were meant to be overly harsh to individuals because they weren't universally applied.

      The excpected cost of speeding is the chance of being caught times the price of the ticket. To dissuade people from speeding you have to increase the cost a lot (since the chance of getting caught is relatively slim per minute driving above the limit). But if suddenly chance of getting caught rises to certainty than the expected cost of speeding (for the same fine) shoots through the roof.

      Instead of worrying about the privacy implications I'm all in favor of a (GPS -disabled) device that monitors speed and applies a small fine for minor infractions and letting cops only pull people over who engage in reckless driving. In principle - this is fine (the fact that the information could be used to determine where you travel is the problem - the state has every right to know how fast you are going on its roads).

      Returning to the right to privacy, however, I think it's tragic that we essentially invented one inside the Consitution. The fact is that it's really not there. And that's why no one knows what it really means. If we hadn't invented one but had realized "hmm... privacy is an issue to us in ways it never was to the founding fathers" we could have had the opportunity for a national debate to ammend the constitution with an actual concrete definition of a right to privacy. The invented right to privacy has thrown privacy issues decades back because we're trying to make an iron rod out of cooked spaghetti.

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    15. Re:Easy answer. by theStorminMormon · · Score: 1

      hahahaha... now you know why the insurance biz is so boring - it didn't even occur to me that PCP meant anything but "primary care physician"

      I've got to get out of this biz.

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    16. Re:Easy answer. by DavidTC · · Score: 1
      Trivial example. I think I should have the right to control who uses the personal information that is my email address. I would absolutely deny that permission to spammers.

      That actually doesn't follow. Just because someone has information about you does not mean they have the right to cause harm to you using that information.

      Not that I disagree with you in principle, but that example is liek arguing that knowledge of a person's location should belong to that person, because others could use that information to punch that person in the face. While there's good reasons to disallow tracking, that's not one of them. If someone is going to harm you in violation of the law, they will be perfectly willing to illegally use the knowledge you 'own' to do so.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    17. Re:Easy answer. by dfetter · · Score: 1
      Constitutional rights only protect you from government -- private property rights trump constitutional ones.

      And that's why you can hang a sign that says, "No Kikes, Niggers, Chinks or Faggots Allowed" on your store. Oh, wait a second. You can't.

      Who's been giving out the insane idea that property somehow raises you above every rule in society? Small hint here: "property" is shorthand for "a set of rights and obligations between you and the rest of your society, mediated through objects."

      --
      What part of "A well regulated militia" do you not understand?
    18. Re:Easy answer. by Shakrai · · Score: 2, Informative

      And this is where you and I part ways. I don't buy into your "gov't is evil" nonsense. The gov't is people like you and me. It's not a monolithic institution, a single entity. So we should not treat it as some grand empire of shadow - it's just as inept as any other institution.

      Umm, I didn't say the "gov't is evil". If you have seen around before you'll see that I've adopted the same "We are the government" attitude. I was just pointing out the fact that information is a double edged sword and that Government (of all levels) has managed to secure the right to use that information against you.

      The credit report example I can almost see. But I find it absolutely disgusting that my medical insurance provider can be forced to turn over records about me to law enforcement. They can't force my doctor to break his privilege but they can get it via the insurance company? That's just wrong.

      So, yes, the Government is you and me. You, me and millions of uninformed people that don't know or care to know about stuff like this. That's the only place that my disillusionment creeps in -- and I'm the write my Congresscritter and vote type. Not that it really even matters, seeing as how the number of competitive Congressional districts is numbered in the low dozens. *Sigh*

      Oh, and if you want to put all of your medical information into a biometric database then that's your right. I'll be happy with my medalert bracelet that lists my allergies and has contact information for my main doctor. I don't want my information floating around in a global database that I have no control over. But just give it time -- soon I won't even have the right to make that decision for myself either. Just like I don't have the right to decline a social security number.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    19. Re:Easy answer. by Dare+nMc · · Score: 1

      > In a cash economy your purchases can't be tracked without intrusion. In a credit card economy your purchases are tracked by definition.

      >>I solved this one. I don't use my credit card for anything that couldn't be tracked anyway (phone bill, cable bill, etc). I'll be damned if my credit union and VISA are going to know what I'm eating this week, or what brand of toilet paper I use, how often I buy gas or where I drink and party.


      Their is little difference in the abilty to be tracked with cash (bills not coins) than credit card, but the simplicity is what your avoiding.
      cash has unique Serial#, if you get it from a ATM, or bank tied to you (my work won't pay me in cash, then againg still be trackable.) The same with a CC, you can give it to someone else to use. CC is not exactly proof that you ever owened/ate/visited, but gives them a person to start asking.
      Granted, I don't think cash is cuurently being tracked that well, but it could be. I also don't think your CC trail is being tracked...
      heck since your physically trading a hard item with cash, their is more hard evidence left behind (finger print, skin cells, your dna.) where as you can copy a credit card much easier, and have several identical versions of them, that would leave no trace which one you used. (you can copy cash, but thats highly illegal, for personal use I don't think copying your CC magnetic strip is illegal.)

      now if we could go back to trading raw gold nuggets...

      now coins/casino money/gift cards might be better suited toward anonymous purchase.

    20. Re:Easy answer. by nobody69 · · Score: 1

      First of all the constitution doesn't contain an explicit right to privacy. Even Justice Roberts agrees that it does contain a right to privacy in some sense, but as Alito pointed out in the hearing, the right to privacy is not on the same standing as other rights that are explicitly stated.

      Check out Amendment IX of the Constitution: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." So the fact that the Bill of rights does not contain the word privacy should not, not, imply that there is no right to privacy.
       
      In school I was taught that Amendment IX was a sign of how smart the Framers were, since it showed that they knew that situations would come up that they had not forseen, and had prepared for them. They might have been geniuses, but they didn't realize that once a government was up and running it would be hard it keep said government from violating the rights that were spelled out, much less ones that were not.
       
      If I were a cynic, I could point out that anyone who calls themself an 'originalist' or 'strict constructionist', but then does a "There's no explicit right to privacy" mambo either doesn't remember the Ninth Amendment, or is a hypocrite.

      --
      "Bugger this, I want a better world." - Jenny Sparks
    21. Re:Easy answer. by theStorminMormon · · Score: 1

      I'll put it simply: there's no explicit right to privacy in the constitution. Privacy is protected via due process and private property. Until recent decades, that was enough. Now, however, there are ways to get at private information from publicly available data, and so perhaps an explicit right to privacy is required.

      Ammendment IX, on the other hand, can not be used as evidence for a right to privacy. It makes room for the possibility that such a right exists, but you can't seriously say that we can just make up any right we want and then say "by Ammendment IX it's in the constitution!" Ammendment IX doesn't give any explicit rights - it just says "in case we forgot something it might still be a right". It kept the Constitution from being exclusive, but didn't actually add anything of itself.

      So contrary to what you say it makes all the sense in the world for a strict constructionalist (which Jefferson himself was) to say "there's no explicit right to privacy in the Constitution". That's not hypocritical - that's merely stating the obvious.

      Whether or not there's a non-explicit right to privacy is up for grabs and legal interpretation. In my opinion there is, but it's time to address the issue with an explicit ammendment - just as an explicit ammendment was needed to grant women the right to vote. Ammendment IX didn't help out a ton in that case either.

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    22. Re:Easy answer. by nobody69 · · Score: 1

      I didn't explain the 'mambo' part of my first post well. Or at all. I should have said (roughly) "If a strict constructionist says there is no right to privacy because the word privacy doesn't appear in the Constitution, they're a hypocrite."

      --
      "Bugger this, I want a better world." - Jenny Sparks
    23. Re:Easy answer. by bigpat · · Score: 1

      Returning to the right to privacy, however, I think it's tragic that we essentially invented one inside the Consitution. The fact is that it's really not there. And that's why no one knows what it really means. If we hadn't invented one but had realized "hmm... privacy is an issue to us in ways it never was to the founding fathers" we could have had the opportunity for a national debate to ammend the constitution with an actual concrete definition of a right to privacy. The invented right to privacy has thrown privacy issues decades back because we're trying to make an iron rod out of cooked spaghetti.

      Come on, saying there is no right to "privacy" in the constitution is just plain wrong. Here it is:

      "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 would say that being "secure in their persons, houses, papers, and effects, against unreasonable searches and seizures" is a very good definition of privacy. Meaning that Congress and by extension of the 14th ammendment the States and local governments cannot may not make a law that allows searches or seizure of a person, house, papers or "effects" except by specific warrant.

      Problem is, and I agree, that the legal protection alluded to by the word privacy has been misapplied, by connotation, to sexual relations, for which the constitutional definition of privacy does not apply except as far as the privacy of the location is concerned. It is longstanding that the States have regulated relationships of a personal, business and marital relationships for centuries and the constitution did nothing to change that except by providing limits on the means by which States may enforce their laws.

    24. Re:Easy answer. by ipfwadm · · Score: 1

      I solved this one. I don't use my credit card for anything that couldn't be tracked anyway (phone bill, cable bill, etc). I'll be damned if my credit union and VISA are going to know what I'm eating this week, or what brand of toilet paper I use, how often I buy gas or where I drink and party.

      VISA isn't going to be able to find out what you're eating or what brand of toilet paper you use anyway. The individual items you buy are not sent along with a credit card authorization request, just the amount that's being asked for, the merchant, and your card info. So sure, they can guess you're buying groceries if you're at the grocery store, but they don't even know that you're buying toilet paper, let alone what kind. They might be able to tell how often you buy gas, but if you don't pay at the pump (and maybe even if you do) they'd have a hard time telling whether you bought gas or you just had a $25 case of the munchies.

    25. Re:Easy answer. by MEForeman · · Score: 0

      "I'd like to hear a lawyer inform us as to how much of it has any reflection whatsoever in case law."

      Case law shmase law. 4th Amendment provides protection against "unreasonable searches and seizures." The question is a balancing test of two parts (from Terry v State of Ohio, 392 US 1):
      1. Nature and extent of the governmental interest involved
      2. Whether there is justification for the police's invasion of the suspect's personal security by searching the suspect for weapons in the course of the investigation.

      A wiretap IS a search and the problem is many people seem to feel the government can just trump it... thank you patriot act. (that was sarcasm)

      --
      MEF
    26. Re:Easy answer. by swillden · · Score: 1

      I would say that being "secure in their persons, houses, papers, and effects, against unreasonable searches and seizures" is a very good definition of privacy.

      So, 24x7 surveillance would not be a privacy violation, as long as it didn't involve searching through (or seizing) the your person, house, papers or effects, right?

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    27. Re:Easy answer. by Jherek+Carnelian · · Score: 4, Insightful

      Gov't has only as much power as we let it have.

      And you call the other guy "quixotic." That is ridiculously idealistic. Like all institutions, government's #1 goal is to increase its own range of influence and power. The people who work there are professionals, they work every day to increase their power. Voters have their own lives to worry about, in no way can they compete with people in government who are dedicated to increasing their power.

      It is like buying a car - most people get fleeced because the salesman sells cars everyday, he knows all the tricks of the trade, all the ways that customers are easily fooled into paying too much. Meanwhile the average buyer makes a purchase once every couple of years, he's get less than 1/100th the time and resources that the salesman does. Sometimes a smart buyer will get the upperhand. But the salesman doesn't care, he knows that on average he'll come out on top.

      The same thing with institutional government - the ocassional smart citizen, even smart special interest group, will be able to block an egregious power grab. But most citizens just simply do not have the time or resources to keep the power-grabbers in check 20% of the time, much less 100%.

    28. Re:Easy answer. by theStorminMormon · · Score: 1

      Thanks for saying that for me.

      What it comes down to is this: certain OTHER rights in the Constitution provide indirectly a measure of privacy. Eg the ones you listed. But the right to a secure home is the right to a secure home. If a byproduct of that is privacy that doesn't mean that privacy itself is covered - just that some other rights give us privacy.

      And so I reiterate - privacy itself is not a right explicitly or directly afforded to US citizens by the Constitution.

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    29. Re:Easy answer. by theStorminMormon · · Score: 1

      That's not quixotic - that's common sense. If we all stopped paying taxes tomorrow what would the government do? But us all in jail? Shoot us all? If we wanted to we could make the gov't do anything we chose.

      Now it would be quixotic to think that we could actually all agree to stop paying taxes tomorrow, but it's not quixotic to point that the power is ours whether we use it or not.

      Your whole "most citizens don't have time or resources" is bs. If they cared, they would make time (with a few very rare exceptions like invalids).

      Quit being a victim.

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    30. Re:Easy answer. by bigpat · · Score: 1

      So, 24x7 surveillance would not be a privacy violation, as long as it didn't involve searching through (or seizing) the your person, house, papers or effects, right?

      No, surveillance in public places is not a privacy violation. But how would you carry out 24x7 surveilance without intruding upon a person's home? Besides, 24x7 surveilance of public places already happens all over the country and it has not been found unconstitutional, because it isn't.

      I am not saying that such surveillance is right or appropriate or that it is not subject to law, but it is not unconstitutional. Privacy regards "private" matters. Walking down the street, going to the mall, meeting some people at the local watering hole may be "your business" but it isn't private when you use public roads to get there or you are plainly visible from common spaces. Yes, privacy is found in your own home and in your person and by agreement it is found in other person's homes or private property. I would also say that your "papers" and "effects" is broad enough to cover private communications, where an effort is made to secure them, whatever the means which may not be carried out without a warrant.

    31. Re:Easy answer. by bigpat · · Score: 1

      If a byproduct of that is privacy that doesn't mean that privacy itself is covered - just that some other rights give us privacy.

      And so I reiterate - privacy itself is not a right explicitly or directly afforded to US citizens by the Constitution.


      What is your definition of privacy? And what would you say wouldn't be covered directly by the 4th ammendment? If it isn't covered by the 4th ammendment or doesn't flow directly from that, then I just don't see it as a matter of privacy. The 4th ammendment would prohibit all sorts of laws that would violate what most people would consider privacy, so why protest the word?

      Really I don't think it is that privacy isn't directly addressed by the 4th ammendment, it is that there are differences in what people consider as matters of privacy and how far the 4th ammendment goes to protect those matters.

      I think the 4th ammendment nearly perfectly addresses what should be private and how to balance privacy with the power of the state. I just don't see how anyone thinks that the 4th ammendment does not address privacy.

      How does the 4th ammendment not precisely mirror this definition:


      privacy (pr'v-s) pronunciation
      n.
      1.
            1. The quality or condition of being secluded from the presence or view of others.
            2. The state of being free from unsanctioned intrusion: a person's right to privacy.
      2. The state of being concealed; secrecy.


      The 4th ammendment broadly applied covers all of the actual situations that we might broad categorize under a Right to "privacy". A person's right to the privacy of their own body, so that any broadly applicable law that intrudes upon a person that could be considered a search or seizure without warrant could be struck down as in violation of the 4th ammendment. Wiretapping of communications without warrant is clearly a violation in the nature of seizure of papers and effects. Tell me again, where is privacy not found?

    32. Re:Easy answer. by theStorminMormon · · Score: 1

      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.

      There are privacy issues that I don't think are covered here. Mostly it relates to the fact that a person's papers and effects are protected, but papers or effects that belong to another but relate to that person are not effected.

      So if a company keeps records of transactions with you - which they have the right to do - that information is not really a violation of privacy. But if the gov't - or any entity - comes along and collects it all then they can learn all kinds of things about you. And I don't think you can stretch the 4th ammendment out to cover reconstituting individually innocuous facts into an invasive breach of person (it's obviously not a breach of your effects or papers - the documents aren't yours). It's not that on principle this isn't a breach of privacy it's that it becomes impossible - or very difficult - to start defining what level of data collation may be allowable.

      What is privacy - you ask. I think that's the heart of the issue. A dictionary definition is one thing, but we need a much, much more thorough understanding of what privacy is in the legal sense. I am sure there is a lot of literature on the topic but I'm not a constitutional lawyer and I don't know what it is. Furthermore, as long as the privacy issue is based on extensions of non-implicit statutes it's removed from the arena of public discourse and firmly ensconces as a specialist discussion.

      Privacy should not be an opinion that depnds on interpreting layers of precedent and implication of precedent - it should be an issue for public debate and input. Hence, my call for an ammendment to clarify just what we mean by privacy (and therefore a debate to come to a decision on that matter). Not just as a pat definition, but in terms of the implications that any such definition will have given our present society and foreseeable changes therein.

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    33. Re:Easy answer. by Jherek+Carnelian · · Score: 1

      Now it would be quixotic to think that we could actually all agree to stop paying taxes tomorrow, but it's not quixotic to point that the power is ours whether we use it or not.

      First you postulate an example of the people weilding this power you attribute to them, and then immediate admit that it is quixotic to think that they would use it. As far as I can tell, you are agreeing that it is ridiculous to think all but the most egregious power grabs can reasonably be expected to be countered by the regular citizenry.

      Quit being a victim.

      Quit being an apologist.

    34. Re:Easy answer. by swillden · · Score: 1

      No, surveillance in public places is not a privacy violation.

      It hasn't been in the past, and quite reasonably so. Really watching everywhere someone goes and everything they do (except when they're in their home or in another non-public place) has been too hard to do except in extreme cases. Technology is changing that. A more subtle aspect of the issue is that, historically, full-time surveillance had to be decided upon in advance. Technology is changing that as well. In a future where potentially every move you make in public is recorded and stored, with computer systems that can easily search and link all of the records it becomes possible to reach into the past and pull up a complete record of a person's activities. Of everything they don't do behind drawn blinds, at least.

      Do you really not see a risk to privacy in this possible future?

      And that's just one example. The root of the risk that new technology poses to our privacy is the ability of previously public but disconnected records to be linked together. When it comes to information, the whole is often much greater than the sum of the parts. Much of of the work of national intelligence services is connecting disparate bits of non-secret information to deduce secrets. Given technology to automatically collect and link all of the public information about a person together, what could you likely deduce? And how much of that deduction could be automated as well?

      If privacy is important to us, we need to care about the collection and analysis of public information about us as well. Ideally, such collection and analysis should require a warrant, and private corporations should be barred from doing it at all. Exactly how far that needs to be taken is a subject about which we need a great deal of public discussion.

      I am not saying that such surveillance is right or appropriate or that it is not subject to law, but it is not unconstitutional.

      It is not right, it is not appropriate, it is not subject to law (i.e. it's perfectly legal), and it is not unconstitutional. New technology has led us to the need to define a right to privacy. Such a right was never before defined, because it wasn't necessary. We have a few, weak laws regarding privacy, but what we really need is a constitutional guarantee.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    35. Re:Easy answer. by theStorminMormon · · Score: 1

      Quit being an apologist.

      apologist n. A person who argues in defense or justification of something, such as a doctrine, policy, or institution. [dictionary.com]

      Note that the definition includes defense of ANY doctrine, ANY policy, or ANY institution. So, let me get this straight - you want me to stop arguing in defense. Not of anything in particular - but just in general. Riiight... maybe you should get a dictionary before you use words you clearly do not understand.

      And since you're having trouble grasping my point I'll simplify it for you. It's not quixotic to think people have the power to change government. They do. It is quixotic to think that tomorrow everyone would just up and simultaneously stop paying taxes. They won't. Why is this hard for you to understand?

      I'm making two points:

      1 - People have the power and thus responsibility over gov't. If it's systematically messed up it's our fault.
      2 - Although people have the power to change gov't, they also have a long history of apathy and laziness to overcome before they start actually using that power. It's not contradictory to emphatically state "people have the capacity to do A" while also maintaining "but they will probably not do A tomorrow". Especially when "stop paying taxes" isn't my idea of an actual positive change in gov't - just a random example of the capacity we have to control our gov't.

      Which - if any - do you disagree with?

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    36. Re:Easy answer. by bigpat · · Score: 1

      There are privacy issues that I don't think are covered here. Mostly it relates to the fact that a person's papers and effects are protected, but papers or effects that belong to another but relate to that person are not effected.

      I don't see this as a matter of privacy. Yes it is being popularized that way in the press, but really that is correctly termed confidentiality. And like I said before, that should be handled by agreements and custom, or perhaps even put into statute. Information about a person, may have been information that was private, but once you give it away it is no longer. A secret is not a secret unless you have agreement from those you tell that they will keep it a secret. This is simply not a fundamental issue of privacy, but one of agreement and custom.

      Privacy should not be an opinion that depnds on interpreting layers of precedent and implication of precedent - it should be an issue for public debate and input. Hence, my call for an ammendment to clarify just what we mean by privacy (and therefore a debate to come to a decision on that matter).

      Well, you start by saying we need an ammendment, what would it say beyond protecting a person, their home letters and effects from un warranted searches and seizures? Any ammendment defining what types of things would be considered private information would be completely innappropriate. The 4th ammendment strikes the right balance.

      If you want something to be private, then keep it to yourself.

      You don't need to be a lawyer to have an opinion on the law. But I do think you should use a constitution sparingly to as concisely as possible define the scope of government authority. Unlike other "declarations of rights" the US constitution doesn't set out the rights of individuals, such documents provide no real authority. Rather it enumerates rights only to show how government authority should be limited with respect to those rights. "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." It is not a definition of rights, especially it is not a listing of those natural Rights endowed by our Creator.

      List out those things regarding privacy that you feel are not specifically addressed by the 4th ammendment and I will show you how they are either already addressed by the 4th ammendment or how they are really not matters of privacy.

    37. Re:Easy answer. by Jherek+Carnelian · · Score: 1

      Note that the definition includes defense of ANY doctrine, ANY policy, or ANY institution. So, let me get this straight - you want me to stop arguing in defense. Not of anything in particular - but just in general. Riiight... maybe you should get a dictionary before you use words you clearly do not understand.

      Substitute the word victim for apologist and your complaint about inanity is just as valid. That was my point. Too bad you got lost in the trees and didn't see the forest.

      Which - if any - do you disagree with?

      I disagree with this:

      1 - People have the power and thus responsibility over gov't. If it's systematically messed up it's our fault.

      People no longer have the power. The fault lies with those who, over the intervening generations since the revolution, let it go. They are not us.

    38. Re:Easy answer. by theStorminMormon · · Score: 1

      An apologist is someone who uses reason to defend a position. Even if I disagree with that position - I would respect the apologist nonetheless.

      The phrase "quit being a victim" is utterly different. If I'm telling someone (you) not to be a victim, it applies that you have control over being a victim or not. If someone chooses to abdicate power and responsibility over something they could otherwise control and become a victim than I don't respect them - regardless of what it is they are pretending has victimized them.

      So when I tell you to quit being a victim I'm telling you to quit doing something I respect under no circumstances. And when you tell me to quit being an apologist you're telling me to stop doing something that is worthy under all circumstances.

      I'm sorry - did you think that this was somehow clever?

      Which leads us back to your point: People no longer have the power. The fault lies with those who, over the intervening generations since the revolution, let it go. They are not us.

      I call big fat stinkin BS on this. What power do we not have? There is nothing COMPELLING us to (as I pointed out) all stop paying taxes and bring the gov't to its knees in one day. Nothing whatsover. There is no gestapo. There is no secret police. There are no concentration camps. There are no gulags. The military is still independent from the political leadership of the country. If this is your definition of an oppressed society you are mockery to any rebel who gave his life fighting real oppression.

      You want real oppression go to China. I've stood in Budapest and looked at the bullet holes riddling the parliment building - left as a monument to the crushed 1956 Revolution. You and anyone else who says we live in a police state is just another elitist spoiled brat without the guts to shut up or put up. The fact of the matter is you can write any damn thing you please on the internet about how you hate the US, the US sucks, we're not free, and guess what - no one will knock at your door tonight and take you away.

      I'm sick of hearing pansy crap like this. You don't know what oppression is and you have no right to put off the responsbility for our present state on past generations.

      The one bright spot to all this is that I don't have to fear that people with our sentiment will actually get anything done. While you're still whining about how powerless you are people who are a little less self-victimized will be able to keep the country running and maybe make some improvements - just as they have throughout history.

      I have no respect for your whining protestations of powerlessness. One person and one voice with conviction can be powerful. You are powerless because you say you are - period.

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    39. Re:Easy answer. by theStorminMormon · · Score: 1

      Before anyone makes clever comments - I'm aware Budapest is in Hungary and not China. I was starting to make a list of oppressed countries but finished before I added anymore.

      So spare me those jokes.

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    40. Re:Easy answer. by Jherek+Carnelian · · Score: 1

      An apologist is someone who uses reason to defend a position.

      Baloney. Even your own dictionary citation does not support your claim - the word "reason" shows up precisely zero times. You want to just keep making stuff up, go ahead but all it does is reveal how thin and unrealistic your facade is.

      The rest of your reply is pretty much the same irrational bunk, you add nothing new to support your view of some imaginary country that bears little resemblence to the real USA.

    41. Re:Easy answer. by Pete · · Score: 1
      theStorminMormon:
      You list bad examples - reasons you want your information private. And they are valid. But consider medical emergencies. I'm allergic to morphine, but I have no PCP right now. If I were injured and taken to a hospital and they were able to scan my fingerprints and access my medical records they would know not to give me morphine. As it is - they're going to have to find out the hard way I'm allergic.

      Or, just like most sane people with an allergy or other medical condition that could be an issue in an emergency, you wear a medic alert bracelet that says ALLERGIC TO $WHATEVER.

      No need for fingerprint scanning and medical records access. And especially no need to solve a problem that's already been solved. *wry grin*

      Regarding the rest, you seem to have the idea that there's no middle ground - if you can't have total privacy then you might as well have zero privacy. This is simply not true.

  75. Liberty vs. Death by ChrisDolan · · Score: 2, Insightful
    From a congressional news outfit,

    "None of your civil liberties matter much after you're dead," said Sen. John Cornyn (R-Texas), a former judge and close ally of the president who sits on the Judiciary Committee.

    Sen. Russ Feingold (D-Wis.), who has led a bipartisan filibuster against a reauthorization of the Patriot Act, quoted Patrick Henry, an icon of the American Revolution, in response: "Give me liberty or give me death."

    Man, I love that guy! :-)
    1. Re:Liberty vs. Death by GnuDiff · · Score: 1

      Nice. I guess people shouldn't have gone on barricades in Eastern Europe, in 90ies. After all, they had a life, the only thing they didn't really have were actually the civil liberties.

  76. Re:I think this says it all. by Anonymous Coward · · Score: 1, Insightful
    THEY ARE NOT AFTER *YOU*

    Unless you're Martin Luther King Jr.

  77. Re:Uh, yeah. "Spying on Americans" by WheelDweller · · Score: 1

    I'm sorry; I'm not needing the rhetoric of the behind-the-scenes on this one. If someone in the USA gets a call from a terrorist, or makes a call to a terrorist (even by a wrong phone number), that's "safe to wiretap" to me, no matter who makes the decision. Let's all hope they DO.

    In this case, isn't it clear that our lesser civil rights (privacy) is subject to our main one (not getting blown up)? If a cell was starting in my town, I'd want the government, at any level to at least KNOW that. In fact, I'd move-to-impeach on any member of government stopping this action.

    Let's not help the terrorists by waxing poetic about the finer details when the case is so clear.

    I wanted mostly to point out WHO is running WHICH headline- that'll tell you where the motivation comes from. Again.

    --
    --- For a good time mail uce@ftc.gov
  78. Wiretapping foreigners without warrant is okay? by Alwin+Henseler · · Score: 1
    They can wiretap everyone else in the world but I don't want our government wiretapping us without the usual requisite warrants.

    Thank you, my American friend. So you think your government should go through the courts before spying on US citizens, but anything goes when it involves citizens outside the US? It's similar double standards that keep Guantanamo Bay up and running. As a wise person once said:

    "Don't do to others what you don't want done to yourself."

    May I conclude from your comment that (in return) foreign governments should also go through their courts before wiretapping their own citizens, but it's okay for them to spy on US citizens? For example by wholesale tapping of satellite communications? (yeah I know that's probably being done anyway, just asking about the ethics here).

    If you think not, then you'll probably agree that the only fair thing to do, is to apply the same standards in every case. That is, to have all wiretapping activity supervised by independent courts, regardless of whether the subject is a US citizen or foreigner, has a long beard, is into fetish movies, has a goldfish called Wanda or playing golf for a hobby, or not. With wiretapping being illegal, unless it involves individuals whose name popped up in the course of a legitimate investigation, and okay'ed by an independent court, and no more than is absolutely needed for that investigation.

    BTW: very much agree with your point on losing civil liberties.

    --This comment scanned for anti-US sentiments, flagged and logged indefinitely for unknown purposes.
    1. Re:Wiretapping foreigners without warrant is okay? by pboulang · · Score: 1
      May I conclude from your comment that (in return) foreign governments should also go through their courts before wiretapping their own citizens, but it's okay for them to spy on US citizens? For example by wholesale tapping of satellite communications? (yeah I know that's probably being done anyway, just asking about the ethics here).
      Hmmm, your conclusion seems incorrect. Using courts to allow certain wiretaps makes an illegal act legal. Courts only have jurisdiction withing their own country (and international courts are a joke). What follows is that wiretapping other countries is still illegal.

      Spying and espionage isn't given the greenlight. If I were to go to Spain and start recording calls from the French embassy, nobody is going to save me from arrest with the magic phrase: "Oh, that's alright then, he's not from here."

      --

      This comment is guaranteed*

      *not guaranteed

  79. Re:There Was Nothing stopping Bush doing this lega by Zathrus · · Score: 4, Informative

    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.

    Also known as the 4th amendment.

  80. Re:There Was Nothing stopping Bush doing this lega by Dunbal · · Score: 2, Insightful

    Bush ... repeatedly told the American people he would never do such a thing...

          And you expect a politician (of ANY party) to not do exactly the opposite of what he says, huh?

    --
    Seven puppies were harmed during the making of this post.
  81. Actually we have Gorelick et al to thank by TheConfusedOne · · Score: 1

    The millenium bomber was nabbed at the border because one agent thought he looked like a drug smuggler. (It turned out it was explosives and not drugs in his trunk.)

    As for things working before 9/11 it obviously failed because they couldn't get the FBI to help look for two of the hijackers and they couldn't search the computer of the "13th hijacker".

    The point is that these operations were not law enforcement actions. We're talking war here people. Arresting someone after they've blown themselves to smithereens isn't terribly effective.

    Did you know about the bigger than 9/11 plot related arrests in Italy? Turns out that the information related to that was from domestic wiretaps in that country.

    --
    --- I wish I could hear the soundtrack to my life. That way I'd know when to duck.
    1. Re:Actually we have Gorelick et al to thank by capoccia · · Score: 1

      Did you know about the bigger than 9/11 plot related arrests in Italy?

      you mean the illegal abductions the us carried out on foreign soil?
      BBC - Italy seeks 'CIA kidnap agents'

    2. Re:Actually we have Gorelick et al to thank by Fallingcow · · Score: 1

      Did you know about the bigger than 9/11 plot related arrests in Italy? Turns out that the information related to that was from domestic wiretaps in that country.

      Uh, what?

      Domestic wiretaps in that country?

      So, the Italain government wiretapping their own citizens? Well, OK, fine. They can do that if they want. Not our country. Hey, I bet they've even got a procedure for doing things like that. And I bet they followed it.

      The topic is U.S. domestic spying without a warrant. That means U.S. citizens who are on U.S. soil. Warrants can be obtained within 72 hours of the beginning of the surveillance, so they can go ahead and start listening if it's a really important matter. THERE WAS NO EXCUSE NOT TO GET THE WARRANTS.

    3. Re:Actually we have Gorelick et al to thank by colinrichardday · · Score: 2, Insightful

      Is it war? How is it war?

  82. selective memory by Anonymous Coward · · Score: 0

    This link might help a little. Short version: Bush didn't establish this policy, it is not without precedence and executive orders legally permit this sort of thing.

    1. Re:selective memory by TheDoctorWho · · Score: 4, Informative

      Yeah, of course the Predsident can do pretty much what he wants. It's just that when Bush constantly says 'trust me' and he turns out wrong time and time and time and time again, and lies about what he's doing, it's time to stop allowing a person like bush and the neocon cabal full authority without checks and balances.

      Bush's Lie and Breaking of the Constitution:
      "Secondly, there are such things as roving wiretaps. 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."

      Monkey in Cheif = Liar.

    2. Re:selective memory by Anonymous Coward · · Score: 0

      Nowhere in that article did it say any spying was done without a warrant--that's the real point of this controversy!

    3. Re:selective memory by Anonymous Coward · · Score: 0

      the parent's quote is very telling... it shows bush *knows* what he is doing is contrary to the constitution and it also shows that, by tying wiretap warrents to respecting the constitution, he doesn't have respect for the constitution.

      in his own mind!

      this quote should be used against him in a court of law if ajudge agrees with bush that wiretap warrants are a fundamental part of the constitution.

    4. Re:selective memory by Anonymous Coward · · Score: 0

      Wiretaping a call that orginates outside the US does not require a warrent. Non-US citzens do not have the same rights as US citizens. If they did then the US would have to imposse our standard on all other governments in the world!

  83. NSA uses Starlight by Anonymous Coward · · Score: 0

    I know for a fact that the Information Assurance Directorate of the NSA uses Starlight to model all kinds of really complex systems and to get their heads around hard-to-visualize connections.

    I wonder what else they use it for....

  84. Re:I think this says it all. by Bob_Villa · · Score: 1

    Let's say a political group such as the Republicans are in power (for example). They have established the precedent that it is okay to spy on Americans if they call foreign phone numbers and record all transcripts of all conversations those people make from that point on (since you are okay with that). You are the Democratic candidate (Bob) for Senator in a large, important state and you are battling a powerful incumbent Republican (Mike). Mike is worried about a strong challenge from this contender.

    Bob calls his mother in Germany, who is on a vacation. Now Bob is flagged as a potential terrorist, and all of his phone calls are being recorded indefinitely. Since Mike is the head of the Intelligence Committee, he finds out and gets permission to read Bob's phone call transcripts, including all of his strategic calls with his party headquarters. The FBI also starts surveillance on him since he is a 'potential terrorist'. Bob does something that is slightly illegal or damaging to a campaign. Let's say you went a few miles over the speed limit one time while late to a speech, or you spank one of your children, or you burn an MP3 from a CD (which will be illegal in the future), or talk to a mistress over the phone.

    Your action is leaked to the media and kills your campaign, in addition to Mike using your campaign stratagies against you. You lose by a huge margin, and your political career is destroyed.

    Maybe that is an extreme example, but political campaigns get very ugly. How about this?

    If all of your phone calls are being recorded, this can be abused in many ways. The data can be stolen and used by marketing companies or detectives, political parties can abuse them, your calls can be analyzed by police-written pyschiatric programs for stress in your voice or certain keywords that indicate you might commit a future crime, etc...
     
    Imagine being arrested for something you might do in the future, just because you yelled at your mother-in-law this morning on the phone and said you'd like to kill her for embarrassing you at the party last night. Would the world be safer? Maybe 1984 and Minority Report have the right idea. Or maybe society works fine the way it is, and we shouldn't have all of our conversations analyzed and recorded.

    My .02

  85. Re:Uh, yeah. "Spying on Americans" by adsl · · Score: 1

    What's the real danger here? Well we have a Govt interpreting the law and taking a swing around the FISA court system. We also have senior Gvt people stating categorically, in the last year, that they are not doing what they now admit to doing. All this probably to allow a version of dataminning to take place, post 911, which would likely have been readily approved by the FISA court system. Let's face it, not even the NSA has the resources, or the ambition, to listen to spurious useless conversations with no possible connection to terrorism. But the risk is this: Because the issue has now become a source of public and Congressional debate the Gvt may lose the legal argument and be told to come back in line with the existing FISA system. Various people and entities might also be possibly reprimanded and new stiffer safeguards put into place. These new safeguards and individual concerns to stay "legal" might then discourage, or even hinder the genuine dataminning our Gvt really needs to be doing. Who would be to blame for this negative outcome? And how do we stop this from happening? It seems to me that pushing the legal boundaries could ultimately negatively impact intelligence gathering and those who pushed the current legal interpretation, for intelligence gathering, may become responsible for a much more constrained intelligence gathering ability in the near future. That would be a shocking conclusion and would reflect poorly on those who got us where we are today.

  86. Re:WRONG! by Dunbal · · Score: 1

    and it is my sincere hope that every one of those murdering Arabs gets an early chance to meet Allah

          A fine example of exactly the same intolerant behaviour. This attitude only serves to perpetuate the problem. The real danger to peace is you, and people like you - on BOTH sides. I only wish you extremists weren't so efficient at filling other people with your hate.

    --
    Seven puppies were harmed during the making of this post.
  87. Re:Double Standard, Libs Crack me Up by TheDoctorWho · · Score: 1

    Not really. The Nazi party is dead...but with your post, it still live and breaths on, unabated it would seem.

    Scare them enough, and they will fall in line.

  88. Re:WRONG! by Dunbal · · Score: 1

    Who went after CUM stains on a dress rather than Bin Laden?

          You mean to say that you haven't had sex since Sept. 2001?

    --
    Seven puppies were harmed during the making of this post.
  89. Re:I think this says it all. by sholden · · Score: 1

    "unreasonable searches" does, however.

  90. -1, Troll by stinerman · · Score: 1

    No Democrat calls his party the "Democrat Party". Lets review together:

    A Republican belongs to the Republican Party.
    A Democrat belongs to the Democratic Party.

    "Republican" is both a noun and an adjective. "Democrat" is not an adjective. "Democratic" is.

    That aside, the tone and style is quite obvious that this post is a troll or was written by a 12-year old.

    1. Re:-1, Troll by Anonymous Coward · · Score: 0

      Down here in the south many of us Democrats call it the Democrat Party, it's a regional thing. Your calling me a child sure isn't doing anything to make me reconsider my votes for Republicans during this war on terror.

    2. Re:-1, Troll by stinerman · · Score: 1

      Republicans and Democrats are different sides of the same coin. I could care less who you vote for if its a choice between them. There is no substantive difference between the two.

    3. Re:-1, Troll by Anonymous Coward · · Score: 0

      Gore would have nominated Roberts and Alito to the bench, I agree.

      Face it Greenie, you gave us Bush. Are you a man? Can you accept responsibility for your vote and your lies? Or will you act like a craven coward and continue to deny the truth? I accepted responsibility for what I did in 2000.

    4. Re:-1, Troll by stinerman · · Score: 1

      I'm not a Green. I was not eligible to vote in 2000. I have never voted for a Green Party member. If you're going to play the spoiler card, I still maintain that Monica Moorehead of the WWP was more of a spoiler than Nader.

      As far as what Gore would have done, no one knows. I don't find Roberts to be a bad jurist. Alito is yet to be seen. What we need is judges who interpret the Constitution as it is written, regardless of the consequences of such interpretations.

    5. Re:-1, Troll by Anonymous Coward · · Score: 0

      Not eligible to vote in 2000? You must have been, what, 12?

      You yellow-bellied coward.

  91. Re:Uh, yeah. "Spying on Americans" by WheelDweller · · Score: 1

    Apparently the 4th amendment is a "non-issue".

          Yeah, that's the way the liberal court has seen it- the times of having free speech and rules of immenent domain are gone by the wayside: there's a blackout on political (as in "free") speech 60 days from the election, and people in the THOUSANDS are getting their homes yanked to give them to people who would pay more. The rights are dropping day by day, mostly by the judges pen. It's a trend that has to stop.

          More to the point...didja forget this is a war? Is it so easy to forget the scores of dead? I don't want this kinda thing going on in peacetime, but I *damned*sure* want it, now. And if the paperwork allows on terrorist to go free, I want a sniper there on the tower.

          We're not dealing with nation-states and the Geneva Convention anymore- this is a very different threat. (As if anyone but us ever followed the Geneva Convention...)

            Again: notice how the press mentions this, with and without the full headline, depending on your news source. Pay attention to that.

    --
    --- For a good time mail uce@ftc.gov
  92. Re:Double Standard, Libs Crack me Up by Anonymous Coward · · Score: 0

    There is, of course, a huge difference in the cases. In the Plame case, the information was leaked for political reasons. In the NSA case, the information was leaked to report on something very, very illegal that the government was doing.

    Steve

  93. Re:MOD PARENT BACK UP -- NOT TROLL. by BushCheney08 · · Score: 1

    How stupid are you mods?

    Apparently not quite as stupid as some ACs.

    --
    Be a real patriot: Question authority. Think for yourself. Formulate your own conclusions.
  94. Why to be concerned about "others" rights by Lost+Penguin · · Score: 2, Insightful

    Martin Niemoller on October 14, 1968:

    "When Hitler attacked the Jews
    I was not a Jew, therefore I was not concerned.
    And when Hitler attacked the Catholics,
    I was not a Catholic, and therefore, I was not concerned.
    And when Hitler attacked the unions and the industrialists,
    I was not a member of the unions and I was not concerned.
    Then Hitler attacked me and the Protestant church --
    and there was nobody left to be concerned."

    --
    I am the unwilling control for my Origin.
    1. Re:Why to be concerned about "others" rights by Anonymous Coward · · Score: 2, Insightful

      Shouldn't there be some mention of communists in there, you know, like in the original?

          First they came for the Communists,
          and I didn't speak up, because I wasn't a Communist.
          Then they came for the Jews, ....

      or do we all speak "newspeak" now?

    2. Re:Why to be concerned about "others" rights by Anonymous Coward · · Score: 0

      But by God he got the trains running in time ;)

    3. Re:Why to be concerned about "others" rights by Anonymous Coward · · Score: 0

      That was Mussolini.

      What the hell do they teach you guys over there ????

      cheers!

  95. Is the NSA Hiring? by catmistake · · Score: 1

    What's the best way to change the balance in a political party or keep a government agency in line? Sign up.

    Who gets second interviews at the NSA? What are they looking for in their candidates for hire? What kinds of positions are available at the NSA?

    Honestly, though... is the technology used by the NSA really that far advanced from what's available in the commercial market? Everything in my experience tells me the opposite is usually true of government agencies. (Sort off off the subject... but I used to deliver flowers for a small florist in WIlliamsburg, VA. Once I had a delivery to a lesser known military installation that was widely belived to be a cover for a (notorious?) CIA installation. I tried to leave the delivery at the gate, but, bemused, they ushered me through.... No address or markings on any of the buildings... I was scared out of my mind (yeah, I used to get star struck, too. Living in L.A. cured that.). When I finally found the intended recipient, he was working in a single-wide portable unit (like a half-size residential trailer). I knocked on the door, which opened up to two or three guys working in very dim light (there were no windows) hovering over equipment with all manner of blinking lights and dials. I swear to God, it looked like it was built in the '50's and had been wide use since the early '60's. It was 1988.)

    Granted... I don't think its very necessary for the NSA to be using cutting edge or "tomorrow's" technology to effectively do what everyone believes that they do... but the rumors of, say, having every phone call made digitally recorded and scanned for flagging for future analysis by some monster computers system for certain key words to be just absolutely incredible. Anybody see Closet Land? Interesting... but left me with the distict feeling of bullshit. (Feel free to disagree... or (my minds blank) offer up some other incredible rumors of their technology.)

    1. Re:Is the NSA Hiring? by willCode4Beer.com · · Score: 1
      --
      ----- If communism is a system where the government owns business, what do you call a system where business owns govern
  96. Re:Uh, yeah. "Spying on Americans" by WheelDweller · · Score: 1

    Well, is this anything new? I've heard tell that presidents since Nixon have used various forms of this exact same power. Clinton was no exception.

    I, too, am concerned for the thinning ranks of basic rights; but this is wartime, it's a repeat of previous works, and does anyone think that with the media blinding Bush at every possible turn, he'd do something without checking first?

    Same with Abu-graib; the investigations were almost a year old when the NYT (or whoever) leaked it, and demos started demanding action...on a case already a year old.

    We need this like we need YET ANOTHER Halliburton investigation; there have been like 20 so far, all to no end useful to the left. I just get so tired of all this. The same reporters who chant "No WMD" have written stories where 502T of yellowcake uranium were found in Baghdad. Yeah, THAT yellowcake. (NYT archive: 5/22/2004)

    Yet still, this entire thing is all Bush's fault like Katrina and the common cold. Real journalists are turning over in their graves.

    --
    --- For a good time mail uce@ftc.gov
  97. Huh? by Anonymous Coward · · Score: 0

    "Why do you so readilly believe the news media then? "

    What news media would that be? Are you implying that there's a coverup that prevents Bush from telling us about the WMD's he's found? Or would that be the coverup that shows the Halliburton got the no-bid billion dollar deals through hard work and determination? Or would that be the smear campaign that shoed the administration worried more about eating dinner and their nordstrom clothes than actully looking after New Orleans? Or would that be fact that spying on people without warrants is a good idea?

    I mean, poor george bush. The poor guy could be the greatest president ever, if not for that schemeing press.

    It's all Clinton's fault anyway.

    1. Re:Huh? by bhirsch · · Score: 1, Flamebait

      The news media that lies nearly every time I watch it. It's easy to ignore the lies when they are what you want to hear. Ironically, after Bush leaves office and all of the kicking and screaming are done, the historical perspective will likely see him as just another President, unpopular from day one with an overactive press eager to demonize him for things every other President has done.

      The news media claims Bush knew there were no WMDs in Iraq. Barring an admission from him, this can not be seen as credible. No-bid contracts have always gone to companies that those in power liked for whatever reason -- procurement issues like this happen in even the smallest towns in America, a fact glanced over by the news media. I suppose you expected Bush to run into flooded New Orleans and rescue people himself. What was it he should have personally done? The news media certainly doesn't seem to think that the municipal or state governments had any duty there. In fact, FEMA is blamed for being too late, even when they are not permitted to enter the area until the Governor (or other body with appropriate power) declares a state of emergency.

      Ironically, if Clinton had done a better job, 9/11 would probably not have happened (though the Republicans in Congress can be blamed somewhat for distracting him with investigations)and Bush's approval ratings would never have gone much beyond the dismal numbers they were when he took office.

    2. Re:Huh? by lobsterGun · · Score: 1

      I too don't watch TV news. I get most of my news coverage from the radio or from the internet.

      I'd be interested in hearing a few of the media lies that you claim you hear every time you watch TV.

    3. Re:Huh? by bhirsch · · Score: 1

      Name a "presidential scandal" and I will tell you what I recall of the TV coverage. They report pure rumor as fact. It's like they have the same sources as Capitol Hill Blue.

    4. Re:Huh? by Anonymous Coward · · Score: 0

      "Name a "presidential scandal" and I will tell you what I recall of the TV coverage."

      Okay. Remember that one president who took the entire country to war with Iraq because he claimed (a) they had chemical weapons and were developing atomic weapons which turned out to be false (b) Iraq was being manipulated by the terrorists to use them against the West which turned out to be false (c) they forced intelligence services to lie to bolster the predident's excuse for going to war (d) the general who said it would take twice as many troops and five years to pacify Iraq was sacked (e) they lied to the U.N. about evidence of *a* (f) after the hostilities, directed a no-bid contract multi-billion dollars contract to the vice-president's company (g) to cap it all off, we've spent well over a half-a-trillion dollars in said war at the the time we're being forced to cut domestic programs to pay for the war.

      That's one of the biggest scandels in U.S. history. It makes watergate look like kids playing in a sandbox. We indicted Clinton for getting a blowjob.

      What did you hear about this scandel on TV?

    5. Re:Huh? by Lonewolf666 · · Score: 1

      The news media claims Bush knew there were no WMDs in Iraq. Barring an admission from him, this can not be seen as credible.
      The Bush government claimed to have proof of WMDs in Iraq. Which turned out to be wrong.
      No-bid contracts have always gone to companies that those in power liked for whatever reason -- procurement issues like this happen in even the smallest towns in America, a fact glanced over by the news media.
      And when it is discovered, those in power deserve to be whacked for corruption. That goes for both small town mayor and president.
      I suppose you expected Bush to run into flooded New Orleans and rescue people himself. What was it he should have personally done?
      Select someone with real experience in managing rescue services as head of FEMA in the first place. Instead of someone whose only qualification was to be an old buddy.

      --
      C - the footgun of programming languages
    6. Re:Huh? by bhirsch · · Score: 1

      Yes. It seems, in retrospect, the evidence was wrong. It is also speculation reported as news when we are told he lied about them in order to go into Iraq for one or more of the following: Christian Holy War, oil, racism against Middle-Easterners, finish what his father started, or being a Republican.

      No-bid contracts happen all the time. They are always given to favored companies -- this is not corruption in the legal sense. It is standard fair. What is illegal is also standard fair and has nothing to do with Haliburton or no-bid contracts -- mainly $1 million towels, etc.

      So, during Katrina's aftermatch in New Orleans, Bush should have built a time machine, gone back in time, and chosen someone to head FEMA who would violate the law by entering New rleans before a state of emergency was declared?

    7. Re:Huh? by bhirsch · · Score: 1

      There you go. 90% of that is speculation, but reported and gobbled up by the masses as news.

    8. Re:Huh? by citabjockey · · Score: 1
      • Yes. It seems, in retrospect, the evidence was wrong. It is also speculation reported as news when we are told he lied about them in order to go into Iraq for one or more of the following: Christian Holy War, oil, racism against Middle-Easterners, finish what his father started, or being a Republican.


      But... along with the total lack of validation any of his stated reasons for STARTING A WAR, other people (like Richard Clark) say that Bush was talking about taking a poke at Iraq just after 9/11. Bush started a war that plunged us into near isolation in the world against a country that in actuality posed no threat to us! I don't know of a more dumbass move that a president can make than that. When Bush started to rattle the sabre at Saddam, Saddam let the inspectors back in. I was all for this. Clinton could not manage to keep the inspectors there. But -- when the status quo was what Bush's father had setup (inspections to keep Saddam under control) George W could not leave well enought alone and had to start a war. People seem to keep saying that the alternative to war was do nothing. Well, we (and the rest of the world) were sure as hell not doing nothing. The inspectors were on the ground and telling us that we needed to let the inspections complete. What the hell with Bush's hurry?

      All the evidence points to Bush just wanting (for whatever reason you want from the list you stated above) to attack. His agenda is not transparent. Our government was setup with checks and balances. If Bush wants to have a hidden agenda, that is his choice but our constitution was built to provide adequate oversight. The thought of him spying on all of us without anyone looking over his shoulders gives me the willies.

      We must have court orders for wiretaps, period.
    9. Re:Huh? by Lonewolf666 · · Score: 1

      The evidence about WMDs was so flimsy that I find it difficult to believe that someone would start a war on that basis. Also, consider the shifting reasons for invading Iraq:
      1) Supposed WMDs in Iraq
      2) An alleged Al-Quaeda connection (sorry, can't remember if that was before or after WMDs were the official reason), also unproved
      3) and finally, when the rest of the world did not buy 1) or 2), the argumentation shifted to humanitarian reasons (free the people in Iraq). Which is the one argument that has some merit, but bringing it only after other argumentations have failed looks like Bush was merely looking for a convenient excuse.

      No-bid contracts may not always be corruption in the legal sense, but they can still cause political fallout. Which is usually well deserved.

      About New Orleans, the critical mistake was made long ago. Choosing a FEMA boss who knows his job in the first place might have led to an organization that could move quickly as soon as it was allowed to. The news during Katrina indicate that this was not the case.
      During Katrina's aftermatch in New Orleans there was indeed not much Bush could have done, and that old mistake caught up with him.

      --
      C - the footgun of programming languages
  98. Warning! Do Not Feed the Trolls! by Anonymous Coward · · Score: 0

    Warning! Do Not Feed the Trolls!

  99. Re:Uh, yeah. "Spying on Americans" by Anonymous Coward · · Score: 0

    One major terrorist attack, five years ago, killed almost 3000. Aspirin kills over 10000 people yearly by painful hemmoraging stomach ulcers, and no one even gives a shit. We should be focusing on real problems, real threats to American lives, rather than swallowing the bullshit propaganda our government and media systems alike publish.

    Your comparison is irrelevant.

    It's like pointing out that the number of domestic telephone conversations overheard by six-year-olds is much larger than the number overheard by Uncle Sam. There is no reason to compare the quantities.

    The important questions are: whether it is acceptable for 3000 people to be killed in a terrorist attack, whether it's okay for the government to listen to phone calls without court approval nor oversight, and to what extent there is a tradeoff between the two.

    The number of people dying from ulcer-related complications is regrettable, but reducing it is totally a independent matter.

  100. Do they even play online these people? by forgotten_my_nick · · Score: 1
    "Well, in the article, they mentioned using data mining to find when the word "jihad" was used in a conversation."

    This erks me that they spy based on words. The better way would be to find the suspects and spy from there. Based off a word means nothing. It assumes that your targets are stupid. They aren't. As for the online game comment. There is more then enough smacktalk going around online games to keep them tied up for years. Funnily enough I have a real world example. I play CS:S monthly with friends. We rent out a small building (kind of scout den). Last summer it was pretty hot so we had all the windows and doors open. When we went to get food later on some of the guys noticed a special branch car outside (Like the FBI) but didn't think anything of it. About an hour or so later a plain clothes cop wanders in with a gun on his hip which you rarely or ever see in Ireland and says "Whats up lads?". After about 5-10 mins there he realises we are just playing games. Turns out the neighbours could hear shouts of "Plant the Bomb", "Kill the hostages", etc and thought we were up to no good and had called them earlier in the day.

  101. Re:There Was Nothing stopping Bush doing this lega by Polar27 · · Score: 5, Informative

    Here's an actual quote:

    "[T]here are such things as roving wiretaps. 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."

    President George W. Bush, 2004, http://www.whitehouse.gov/news/releases/2004/04/20 040420-2.html

  102. NEW: Documents Proving NSA Spied on PEACE GROUP by Dave21212 · · Score: 4, Informative


    This is breaking news in the Baltimore area this morning (and last night). For those of you are are defending Bush for ignoring the courts and ignoring the Constitution, based on the premise that the NSA is "only looking for terrorists" you may be surprised...

    From NSA SPIES ON BALTIMORE QUAKERS
    Tuesday, January 10, 2006 - FreeMarketNews.com

    The National Security Agency has been spying on a Baltimore anti-war group, according to documents released during litigation, going so far as to document the inflating of protesters' balloons, and intended to deploy units trained to detect weapons of mass destruction, RAW STORY has learned. According to the documents, the Pledge of Resistance-Baltimore, a Quaker-linked peace group, has been monitored by the NSA working with the Baltimore Intelligence Unit of the Baltimore City Police Department.

    The actual court documents are online
    And here's an interview with one of the primaries.

    Granted, they didn't through them into Gitmo or anything (yet), but it's interesting because it's in zip code 21212, my own back yard ! (it's true what they say).

    --
    "Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech."--Benjamin Franklin
    1. Re:NEW: Documents Proving NSA Spied on PEACE GROUP by Derling+Whirvish · · Score: 1
      The National Security Agency has been spying on a Baltimore anti-war group, according to documents released during litigation, going so far as to document the inflating of protesters' balloons, and intended to deploy units trained to detect weapons of mass destruction, RAW STORY has learned. According to the documents, the Pledge of Resistance-Baltimore, a Quaker-linked peace group, has been monitored by the NSA working with the Baltimore Intelligence Unit of the Baltimore City Police Department.

      That's so over the top hysterical as to be off into loony-land. From reading the documents you linked to the protestors (no matter what their affiliation) were ON NSA PROPERTY and of course the NSA security guards monitored their activities ON NSA PROPERTY and forwarded a copy of their activities to the Baltimore Police Dept and somehow you make that seem as if the NSA's Intelligence appratus was targetted on them. It wasn't. The NSA security Guards monitored the protest and forwarded a copy of their report to the local police as standard practice. There's nothing there. You're making another mountain out of an anthill.

    2. Re:NEW: Documents Proving NSA Spied on PEACE GROUP by Dave21212 · · Score: 1

      That's so over the top hysterical as to be off into loony-land. From reading the documents you linked to the protestors (no matter what their affiliation) were ON NSA PROPERTY and of course the NSA security guards monitored their activities ON NSA PROPERTY and forwarded a copy of their activities to the Baltimore Police Dept and somehow you make that seem as if the NSA's Intelligence appratus was targetted on them. It wasn't. The NSA security Guards monitored the protest and forwarded a copy of their report to the local police as standard practice. There's nothing there. You're making another mountain out of an anthill.


      Yeah, um, I don't exactly know where "loony-land" is, but I'm pretty sure it's not on NSA property. Neither is the location under surveillance in the documents (zoom out, it's Baltimore). Maybe you should re-read the portion from 0940 to 1155 hours ?

      By the way, how do you think the NSA 'discovered' that the protest was happening, where they were originating from, who was involved (full names), and when it was taking place - BEFORE the fact ???

      Now, while you are obviously very busy being an apologist for people who break the law and violate The Constitution, maybe you can take a moment to consider this - in the wiretapping scandal, all they had to do was to get the requests in front of a judge on a special secret court (no security issue there pal) and they would have been approved. That's it... that's all they had to do to follow the law. Apparently, that was too much of a inconvenience. Respect for the law, my friend - the law enforcement folks have to show it, or no one else will.
      --
      "Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech."--Benjamin Franklin
    3. Re:NEW: Documents Proving NSA Spied on PEACE GROUP by Derling+Whirvish · · Score: 1
      Yeah, um, I don't exactly know where "loony-land [apple.com]" is, but I'm pretty sure it's not on NSA property. Neither is the location under surveillance in the documents [google.com] (zoom out, it's Baltimore). Maybe you should re-read the portion from 0940 to 1155 hours ?

      According to the documents from 0940 to 1155 the protestors were observed by the Baltimore Police Dept (the BIU) and that information was forwarded to the NSA Security Office because the protestors were headed toward NSA property. After 1155 all the activity takes place ON NSA PROPERTY, except for when they were expelled from NSA property to adjacent areas (such as the Shell gas station and the Route 32 contruction area) and then returned. All the items in the report dealing with the protestors before they arrived at NSA property come from observations of the Baltimore Police Dept -- not NSA Security Officers. The York Road location was just the staging area they used prior to their movement to NSA property. In no instance that I can find in the document does it list any activity by NSA Security Office off of NSA property other than observing them when they were sent away and they immediately returned. Please point it out if it does.

      This is not a violation of anyone's rights. Federal security officers operating on a closed military base have have full rights to restrict access to the base at any time they want. If protestors violate that then they are trespassing. This is nothing new. This is the way closed military bases operate and have operated since the founding of the country (and before).

      And the Baltimore Police Department was fully within its rights to inform the NSA Security Office that protestors were headed their way. There's nothing wrong with that.

    4. Re:NEW: Documents Proving NSA Spied on PEACE GROUP by Dave21212 · · Score: 1


      I understand what the report says... I guess I'm just at a loss to understand why the spend time putting these folks under surveillance, and how they gathered all the intel that they did... Why aren't they people protecting the country like they are supposed to be doing ?

      Do you feel safer knowing that a dozen helium-ballon-wielding peace activists are under control now ???

      --
      "Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech."--Benjamin Franklin
    5. Re:NEW: Documents Proving NSA Spied on PEACE GROUP by Derling+Whirvish · · Score: 1
      I understand what the report says... I guess I'm just at a loss to understand why the spend time putting these folks under surveillance,

      Because the illegally re-entered a closed highly-secure military base after being denied entry. That's what security cops are there for. That's what the NSA security guards did anyway. If you are concerned about the surveillance of them before the came to NSA property then take that up with the Baltimore Police Department. The NSA security guards had nothing to do with that other than receive the report from the Baltimore Police Dept (BPD) and log it. You may not like it but nothing the BPD did was illegal either. They are allowed to observe groups demonstrating and be there to provide security if needed.

      and how they gathered all the intel that they did...

      Like I said, the documents say that was done by the BPD before the group got to NSA.

      Why aren't they people protecting the country like they are supposed to be doing ?

      Expelling trespassers from NSA property is what the NSA security guards are supposed to be doing. What else would you have them do if not provide security for NSA property?

      Do you feel safer knowing that a dozen helium-ballon-wielding peace activists are under control now ???

      Protest groups have a history of inflicting damage to government property. You only know this group was peaceful becasue they were observed. How can you determine if they are peaceful or not unless you observe their activities?

    6. Re:NEW: Documents Proving NSA Spied on PEACE GROUP by Dave21212 · · Score: 1


      How can you determine if they are peaceful or not unless you observe their activities?

      Wow, now I get where you are coming from... You are correct, they did trespass, after sending a letter to Lt. Gen. Michael V. Hayden (director of the National Security Agency) requesting a meeting, and after being turned away at the gate (the ASKED to come in, then when denied, they stepped on the dirt next to the base). Do you really think it's fair (in your links) to compare these polite, non-violent, letter-writing, balloon-carrying people to the environmental radicals, some women who broke into a missile silo and had access to a weapon, and a crazy who attacked a plane with an ax ?

      By the way, this was a well known group that peacefully demonstrated in the past. To me at least, it sounds like the authorities would rather chase balloons than do the dangerous and important duty they are sworn to do. This is just another case of using the "War on Terror" and sunch nonsense as an EXCUSE to monitor peace activists. Plain and simple.

      --
      "Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech."--Benjamin Franklin
  103. Re:I think this says it all. by Anonymous Coward · · Score: 0

    Average Americans are their target, because they can't tell the difference between a terrorist and a non-terrorist. Just ask the people in Guantanamo Bay.

    And just how many of those incarcerated in Gitmo are Americans you stupid Aussie cock-gobbler?

  104. oh he's in so much trouble by dtfinch · · Score: 0, Flamebait

    We can't have people whistleblowing whenever the government violates the constitution. That's treason!!!

    1. Re:oh he's in so much trouble by Anonymous Coward · · Score: 0

      lol, this isn't flamebait; it's "unfunny" -- the exact opposite of funny because it is the stark naked truth; it would be a good Onion piece 6 years ago.... unfortunately, you could probably take many of the Onion's stories from the mid-90's and put them on the front page of the NY Times and no one would bat an eyelash.

  105. Re:Uh, yeah. "Spying on Americans" by stinerman · · Score: 1

    Yeah, that's the way the liberal court has seen it- the times of having free speech and rules of immenent domain are gone by the wayside: there's a blackout on political (as in "free") speech 60 days from the election, and people in the THOUSANDS are getting their homes yanked to give them to people who would pay more. The rights are dropping day by day, mostly by the judges pen. It's a trend that has to stop.

    Agreed. Although your assement of the court being "liberal", I take issue with.

    More to the point...didja forget this is a war?

    It never was a war. We never declared war. I'm not afraid of anyone. I will not die in a terrorist attack. You won't either. Guaranteed.

    We're not dealing with nation-states and the Geneva Convention anymore- this is a very different threat.

    Repeat after me. There is no terrorist threat. Its all a smoke and mirrors campaign to keep you afraid and in line.

    Before anyone jumps on me about 9/11, I feel nothing but sympathy for those who lost their lives then. Unfortunately, part of liberty and freedom is that some people die. We can't guard against every last attack on our soil without giving up liberties that people fought and died for. Sorry. Even then, the parts of the PATRIOT Act that curb liberties have nothing to do with 9/11. This wiretapping has nothing to do with 9/11 either. It has to do with the executive being lazy and not wanting to do actual detective work to find people who wish to do us harm.

  106. Is the NSA Hiring? Does it matter? by Crash+Culligan · · Score: 2, Funny

    What's the best way to change the balance in a political party or keep a government agency in line? Sign up.

    Who gets second interviews at the NSA? What are they looking for in their candidates for hire? What kinds of positions are available at the NSA?

    I hold out little hope for that approach. I applied to the NSA for a job once. They sent me two letters, declining my offer. On both letters, they got my middle initial wrong, and it was on my fricking resumeact on it.

    Argue with me that that's not a good enough reason to maintain privacy, and I'll be forced to report what my imaginary penguin told me about you to Homeland Security.

    --
    You cannot truly appreciate Dilbert until you read it in the original Klingon.
    1. Re:Is the NSA Hiring? Does it matter? by Anonymous Coward · · Score: 0
      I'll be forced to report what my imaginary penguin told me about you to Homeland Security.

      Penguin, Joker, Riddler... and Catwoman, too! The sum of the angles of that rectangle is too monstrous to contemplate!

      Suppose Penguin did fail! All the more reason not to send up your stupid clues!

  107. Re:WRONG! by Anonymous Coward · · Score: 2, Insightful

    - the worst President in U.S. history was that prevaricating fornicator Clinton...
    - you know, the guy who gave Iran nuclear weapons designs?
    - who launched inept cruise missile attacks into Afghanistan?
    - who let that murdering Islamist terrorist Bin Laden go?
    - who desecrated the Oval Office?
    - Bush is protecting America, and it is my sincere hope that every one of those murdering Arabs gets an early chance to meet Allah


    Clinton lied about his personal sex life, whereas Bush has lied about the treatment of prisoners, the justification for a war that's digging us deep into debt and killing many fine Americans and countless Iraqi civillians, and about spying on Americans. He also lied about the cost of his prescription drug plan handout to his pharmaceutical donors, has repeatedly supported legislation to curtail the freedoms and privacy of Americans, raised the national debt by a third, and has alienated all of America's allies with unilateral "my way or the highway" policies.

    Clinton's poisoned nuclear weapons plan idea was foolish as was letting bin Laden go. I'll give you that. He did at least pay attention to al Qaeda afterwards and did try to get Bush to pay attention, but Bush and Rumsfield were too wrapped up in the post-Cold War Pentagon obsession with China as the next big thing (hence all that missle defense nonsense and posturing over the spy plane). You, however, can't say that Bush's handling of North Korea was much better when he labelled them part of the Axis of Evil which prompted them to expel inspectors and start building nuclear weapons. Nor can you really say that the Iraq was has been a crashing success in lowering the amount of terrorism around the world or for getting people to unite behind US leadership. Nor can you really say much for the neglect of the Israel-Palestine situation.

    As for the "desecration" of the Oval Office, which President has eroded the credibility of the US when we say that we don't torture people. Hell, which President has made it so that we have to tell people that we don't torture. Which President is burned in effigy wherever he goes? You want to talk about descrating the US, you should focus on Bush.

    Oh, and yeah, Bush is doing such a great job of protecting Americans. I feel much safer travelling abroad than I would've under Clinton.

  108. Re:Uh, yeah. "Spying on Americans" by OldeTimeGeek · · Score: 1
    Maybe because Fox "News" isn't very good at journalism?

    Nah, that can't be it.

  109. Re:There Was Nothing stopping Bush doing this lega by brontus3927 · · Score: 1

    The freedom of privacy

  110. He is by that definition according to his story. by Valdrax · · Score: 2, Insightful

    A "whistleblower," under Federal law, is someone who, whilst still employed at the offending agency/company, brings illegal action to the attention of internal resources...

    Isn't that exactly what he's claiming to be? Didn't he claim that they hauled him in for a psychological evalution after he complained frequently about this being illegal, labelled him paranoid, and stripped him of his security clearance which prevents him from doing his job? According to him, when he complained, they took steps to proactively discredit him and effectively fired him.

    The thing about whistleblower protection is that it is almost entirely enforced after an employer has taken punitive steps against an employee. It's like all other laws that way. You don't enforce them until they've been broken.

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  111. Bah, they are just pissed off... by Anonymous Coward · · Score: 0

    ... that geeks worldwide post messages into public forums about killing processes with SIGINT, thus triggering their keyword filters.

  112. legality has lost its importance by Anonymous Coward · · Score: 1, Interesting

    The erroneous idea that "the ends justify the means" has become pretty deeply established in modern society. It is one of the main causes of our troubles. One of its many consequences is the disrepect of the rule of law.

    Examples:

    Holding 'enemy combatants' without trial and subjecting them to torture. "Who cares if it's against international law," his supporters say. "These are terrorists, and we'll be safer for it."

    Or take Gavin Newsom, Mayor of San Francisco. For a time he was shooting out gay marriage licenses like some sort of machine of gun of love. It was clearly contrary to California law, but he didn't care. He and his supporters felt that such laws should simply be ignored.

    Obviously the first example is more serious than the second. But in both it's the same type of problem at bottom. People are unwilling to compromise. So when put in charge, they simply do what they think is right regardless of what the law might say.

  113. Re:I think this says it all. by ducttapekz · · Score: 1

    I agree with you that any abuse of the information is definitely a problem. I also think that analyzing and prosecuting a person for a crime they didn't commit is wrong. But that is not what happened. Someone is not flagged as a potential terrorist for making a call to Germany. This is not a case of people being accused of future crimes. What happened is phone calls are monitored in an effort to find and monitor terrorists. This is not a witch hunt. It is a terrorist hunt. They are real. They do exist. They have caused great harm to many people. We need to work hard to find them because they are working hard to hurt us.
    What bothers me is the same group of people who say that the war on Iraq was started on faulty inteligence and that 9/11 could have been prevented are now complaining that our inteligence agencies should not be collecting intelligence except in very specific ways. I think they need to pick a side and stop grasping at straws.

  114. Re:Uh, yeah. "Spying on Americans" by WheelDweller · · Score: 1

    No terrorist threat- really? Can I quote you on this?

    --
    --- For a good time mail uce@ftc.gov
  115. It's been a while, but... by Anonymous Coward · · Score: 0

    Does anybody see another Jam Echelon Day in the near future?

  116. Re:I think this says it all. by div_2n · · Score: 1

    You could easily argue that the fourth amendment provides the framework for privacy rights:

    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.

    Or you could also look to the Universal Declaration of Human Rights article 12 which was adopted by the United Nations General Assembly of which the US is a part:

    No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

    While the UNDHR is not legally binding to the US Government, the US Constitution is. I would love to see the President's actions taken to court. Short of pardoning himself, I'd love to see how he can argue he is above the Constitution. Good luck with that.

  117. I call shenanigans! by Valdrax · · Score: 1
    I vote for the Democrat Party all the time...

    I seriously doubt it. Let's look at your list of right-wing talk radio buzzwords:

    • Democrat Party
    • liberated Iraq
    • Islamofacist

    You seem to support the war in Iraq as having something to do with stopping terrorism, you accuse the secular dictator Hussein of being an Islamic fundamentalist, you constantly refer to people that threaten us as "animals," and you advocate strongly following tradition as a virtue (but one that is secondary to voting out of fear). Furthermore, you think that exposing the violation of our civil liberties is a bad thing compared to confirming what terrorist probably already suspected about the safety of their phone conversations.

    You're obviously a rabid conservative and probably a devoted fan of Fox News talk shows or conservative talk radio shows based on the jargon you use. Your implied support for tradition, latent xenophobia, trust in unhindered law enforcement powers, and conflation of the War in Iraq as having something to do with preventing terrorism show extremely clearly that you're a conservative pretending to be a Democrat for astroturfing purposes. You're also extremely unclever at doing so. I'd suggest listening more to non-conservative points of view before attempting to ape them.
    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  118. Re:Uh, yeah. "Spying on Americans" by WheelDweller · · Score: 1

    Actually no- it can't be. FoxNews, again, tells the whole story. Those others, not only tell part of the story, they tell the story _that_benefits_the_left, and sometimes uses the exact same words on all channels!

    Remember the story you heard, "We go to war with the army we have, not the army we want."? This was the tip of the iceberg, but all CNN & company pushed. They wanted it to be a smartass comment to a man in uniform, by Rumsfeld (who they hate).

    A member of the legacy media goaded a soldier to ask, "Why weren't there more armored hummers?" (paraphrased) He continued on to explain about the logistics involved, the course of action already underway, and then the line you heard. Nearly two minutes of detail. I saw the original cut, and the missing pieces.

    And how does this explain the New York Times, 05/22/2004 running a story complaining about how Bush was being evil by removing 500T of yellowcake uranium, and nearly 2T of enriched uranium, risking lives of the poor, downtrodden Iraquis, driving it through the streets of Baghdad. (Yeah, THAT yellowcake)

    YET TO THIS DAY THE CLAIM NO WMDs. That's not FoxNews. Go see for yourself!

    Watch something other than legacy media. Better yet, Limbaugh's coming on at noon, eastern. He'll play the sources, and sometimes the actual audio from these other "news services".

    Catch'im on WMAL in DC:
    http://abcrad.sc.llnwd.net:12025/

    Or, continue to live the lie...

    --
    --- For a good time mail uce@ftc.gov
  119. Bigger picture here... by Anonymous Coward · · Score: 0

    Ah, guys - there is a bigger issue here. Read between the lines here (and much of the comments). Data mining. Looking for key words. To be looking for key words, you must first be listening to EVERY conversation. They you can search out key words. If you are listening to EVERY conversation...

  120. None of it is, yet. by khasim · · Score: 3, Informative
    I'd like to hear a lawyer inform us as to how much of it has any reflection whatsoever in case law.
    None of it is, yet. At least, not in the USofA.

    In other countries, they're taking personal information much more seriously.
    For example if you buy some fertilizer at Store A and they have your credit card # (your personal ID) and then you go blow something up with a bomb made from that fertilizer and the FBI comes calling - do they have the right or responsibility to transmit the data they have on you?
    Law enforcement is entirely different. The FBI can get a warrant and get any and all information about such sales.

    "Ownership" does not mean that the store cannot provide the info when served with a warrant.

    "Ownership" means that the store cannot SELL that info or provide it to any 3rd party (non-law enforcement).
    So let's not be hopelessly idealistic.
    Why not? Our country was founded on such idealism.
    If you buy something from a store w/ a check or a credit card - they DO have your info.
    They have it, but it is not their's.
    It's silly to say they "don't own it".
    No it is not. Just as it is not "silly" to expect that your HR department won't go posting your social security number on the web along with your name and home address.
    They have it - the question is what can they do with it?
    Right now, they can do anything they want with it, in the USofA. Other countries are more strict. And there is no reason why we cannot become stricter.

    1. Re:None of it is, yet. by theStorminMormon · · Score: 2, Insightful

      If you're going to use terms in narrow or specialized ways, you shoule really give the definition up front and not wait for someone to use the broadly accepted definition and then act as though they're wrong. It's both disingenous and unhelpful.

      In this case in the broad sense it's reasonable to say that I own my own body - even though in fact I can not sell myself legally in this country (or even certain parts thereof - like organs).

      So I maintain that in a broad sense a store does "own" the data about a given transaction - including whatever data you choose to give them. Whether or not they can sell or transmit that data is obviously a seperate issue.

      And as for your bit about America being founded on hopeless idealism you could not possibly be more wrong. Some of the founders, like Jefferson, were extremely idealistic - but if Jefferson had been the only one involved in the revolution we would have never won. It took George Washington and his much more pragmatic side (eg Hamilton) to actually give life to the common ideals. If Jefferson had been president instead of Washington - the nation would have fallen apart. Similarly the first American gov't failed because the federal gov't lacked enough power to sustain itself. Why? Because it was designed by those with not enough apprehension of the way power and economics work in the real life.

      I'm not arguing against idealism in general, I'm just pointing out the obvious danger of being idealistic to the extent where you totally ignore the real facts before you. That type of idealism was related to the failures, and not the successs, of early US history.

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    2. Re:None of it is, yet. by Ours · · Score: 1

      It's sad to see how personal information is regarded in the USA. The grand-parent gives some insight on why things have come to this. Where I live, personal information is highly regarded and strick laws work to protect that right. I would stand up and claim my right if that ever changed. It is possible to protect one's right. I guess it's hard to turn things around but if people ask for it, they should be able to get such a sensible rule applied. Well, at least in a working democracy it should be.

      --
      "You superiour intellect is no match for our puny weapons" - The Simpsons
    3. Re:None of it is, yet. by Dare+nMc · · Score: 1

      > "Ownership" means that the store cannot SELL that info or provide it to any 3rd party (non-law enforcement).

      kinda useless, if they cant provide it to their bank to get paid. I know your comeback is well except as resonably expected by the customer...
      well, I think it is reasonable to give it to thier bank, but they need to use a reputible bank for me to be happy. But that business may use a credit institution that I wouldn't think much of, maybe oversees. Possibly a local bank, that outsources the transaction to a prison (w/o knowledge of the store), how do you know...

      try to tell that prisoner, who memorizes account numbers they see, that they don't own that information... I am not worried about the ethical people getting my info...

    4. Re:None of it is, yet. by StikyPad · · Score: 1
      So let's not be hopelessly idealistic.

      Why not? Our country was founded on such idealism.


      Wow, your idealism hasn't faded yet? You must be a new lawyer.

      (Not to mention you conceeded the point that it was hopelessly idealistic (which it isn't), and inferred that the concepts of our nation are similarly hopeless).
  121. Re: Your favorite quote . . . by mmell · · Score: 2, Insightful
    Uh, that is a bad thing. What value our nation if in the act of defending her we strip her of the constitutional guarantees which have made of her the finest nation on earth? If we continue as we have begun here, we will soon live safely in a place no different than, say, the USSR under J. Stalin.

    (Boy, I'm gonna get flamed for my arrogance here, but damnit I do consider my nation, the United States of America, the single finest nation on earth)

  122. Coincidence? by Anonymous Coward · · Score: 0
    Last week our local newspaper had an article about the Bush-authorized, domestic, spying. In the sports section there was a factoid about Bush cheering for underdog UT in its game against USC for the BSC championship. The next day UT won.

    Just a coincidence?

  123. Re:Uh, yeah. "Spying on Americans" by applemasker · · Score: 1

    In all of this the most stunning omission from the argument you and the Admnistration advance is the lack of any articulated harm in obtaining the warrant. Nowhere has anyone completed the settence, "Yes, the Fourth Amendment is all well and good, but in this case, we can't get a warrant because ..." The FSIA Court can even authorize warrants AFTER the search occurs. I really struggle to understand why a warrant cannot be obtained when clearly, (1) it is required by the Fourth Amendment; and (2) obviously it can be, from the FSIA Court. The arrogant disregard for this bedrock principal of our system of justice, sadly, is not atypical of this Administration.

    --
    Bush Lies On the Record.
  124. Isn't it sad... by MixmastaKooz · · Score: 2, Insightful

    That if I proclaim, "Give me liberty or give me death!" that I might be labeled as a threat to society or a terrorist...and I firmly believe that I would prefer death to a lack of liberty.

  125. What kind of whistle? by botlrokit · · Score: 1
    I wonder what frequency the whistle blows at. Maybe he can get some free long distance.

    Oh wait, that trick doesn't work anymore, so what's he whining about?

  126. $NSA !~ /big brother/; by unix_geek_512 · · Score: 2, Interesting

    $NSA = "National Security Agency"; The NSA's job is to protect US National Security PERIOD! They have been in the intel biz for decades - this is nothing new. This was done with Congressional knowledge and approval. Certain people are "shocked" that this has occurred when in fact they were aware of this and past administrations have been doing the same if not much, much worse for decades. I am personally much more concerned about private companies abusing our privacy than the NSA. The vast majority of NSA staff are true patriots and are doing their best to protect us from the scum that are planning to smuggle and detonate nuclear weapons in the heart of our cities. This is serious people. Please wake up! There are people that hate us so much they want to utterly destroy us and our friends and allies and there is nothing anyone can do to get them to change their minds. These terrorists are NAZIs and they will attack us at every opportunity they get. This has nothing to do with anything we may or may not have done or our foreign policy or anything like that. There are a lot of evil people on this planet that wish to destroy us - this is a fact that we much accept. Terrorists cannot be reasoned with. If you give a terrorist an inch they will take a mile and more! We cannot give them what they want. They will never stop. Iran is already 0-48 months away from having 40-100 nuclear warheads and have been supporting terrorism for decades. Iran has already publicly declared they intend to destroy the US, Israel and Europe. This is not an empty threat, they are perfectly serious about it. Unless we do something to stop them the next 9/11 will certainly be a nuclear one. The free world needs to unite and defeat terrorists and terrorist states once and for all. You cannot appease terrorists or terrorist nations. The world is a mess and someone has to do something about it! Iran, North Korea, Syria and Lebanon need to be cleaned up, among others. Please stop playing politics with our national security! All parties need to grow up and stop playing politics with our national security! If certain people wish to hate the current administration that's their prerogative but if they compromise national security in the process then they deserve to pay the price. Live long and prosper!

    1. Re:$NSA !~ /big brother/; by GnuDiff · · Score: 1

      About this phrase:
      > This has nothing to do with anything we may or may not have done or our foreign policy or anything like that. There are a lot of evil people on this planet that wish to destroy us - this is a fact that we much accept.

      Somehow, nobody's trying to blow up Switzerland, Mauritius, or even any big part of Australia or Canada for that matter. Funny isn't it?

      I shudder to think what would happen if you get to being a law-giver, should you have the inclination.

    2. Re:$NSA !~ /big brother/; by meringuoid · · Score: 1
      The world is a mess and someone has to do something about it!

      America! Fuck Yeah!

      --
      Real Daleks don't climb stairs - they level the building.
    3. Re:$NSA !~ /big brother/; by Anonymous Coward · · Score: 0

      First I would like to point out how stupid the terrorist/nazi comparison is as they have nothing to do with eachother. If you really want to get into the Nazi nonsense why don't you read about em first. Nevermind that most Nazi folks (lets please think historically and not emotionally here) had no idea what was going on, they were fighting to protect their homeland and lifestyles. The only real comparison you have is that Hitler and the terrorist leaders both kinda got their start from people meddling in their lives in the first place. The US actually said the restrictions placed on post WWI Germany were bad plan and would breed this kind of problem.

      Unfortunately the American public is forced to lie in the bed that we have allowed our elected officials to create for us over the years. Support Afghanistan over Russia. Support Iraq over Iran. Support Kuwait over Iraq. We have had foreign policy designed to be meddling in their affairs from a very early point. I certainly don't justify the terrorist response, but the fact of the matter remains, a great number of these problems wouldn't exist if it wasn't for the meddling.

      Now most of this meddling was done under the guise of National Security by a number of those three letter organizations everyone loves. Honestly for the most part these organizations don't really frighten me much. For the most part they are staffed by very effective people, and most people are at least SOMEWHAT concerned about their own morality. The people to be feared are not working in any of those organizations. Many of these people at all levels are truely patriots, and despite some of the rule bendings and various nonsense, do their job well to ensure everyone can sleep safely at night. Protecting the nation is ugly business, from the SIGINT community to the US Marine dodging bullets in the field. There are corrupt people everywhere, and they can be, and are often dealt with over time by the majority that does have a sense of morality.

      The people to be feared aren't even the corrupt leaders, we have dealt with plenty home and abroad. The people you truely need to fear are the spindoctors and the masses that feed on every word they say. Fear the crowds that scream in fear about how the terrorists are out to get them, and that breaking the constitution and trampling our rights will protect us! Fear the paranoid rantings about the government spying on the people.

      Does the government spy on people they shouldn't be...most likely. Did the president do illegal things...probably. Does this have the potential to become a Big Brother situation if not dealt with properly...absolutely. However, the truth remains that there are FAR too many people chattering on the lines compared to the corrupt people in the system for much of this to happen. The rational and moral man inside these organizations will do the proper thing with any intel gathered like this and toss it. The fearmonger, spindoctor, and herd people will be the ones to chase down every infraction against groupthink and turn us all in to be reconditioned for society.

    4. Re:$NSA !~ /big brother/; by gilboooo · · Score: 1

      Take your godwin point and go out.

      http://en.wikipedia.org/wiki/Godwin's_law

    5. Re:$NSA !~ /big brother/; by Anonymous Coward · · Score: 0

      Wow. Calm down. Lay off the caffeine. No one is out to get you. There have always been and we know there have always been 'crazy' people in the world. The are not a nationality. They are not a religion. They are individuals who may have enough charisma to convince others of their cause. Period.

      My best advice to you is to turn off the sensationalisnt news and read a good book with some calming tea.

      I prefer to live in freedom for a shorter period of time rather than an extended time in a police state.

  127. Re:I think this says it all. by Politburo · · Score: 2, Insightful

    Okay. You think these powers are so great and required, so surely you won't mind if President Hillary Clinton (or any Democratic President) uses them, right?

  128. Re:I think this says it all. by Anonymous Coward · · Score: 0

    While the UNDHR is not legally binding to the US Government, the US Constitution is. I would love to see the President's actions taken to court. Short of pardoning himself, I'd love to see how he can argue he is above the Constitution. Good luck with that.

    US Constitution? Oh ok, now I remember ... it's just a piece of paper, right?

  129. Re:A better suggestion by symbolic · · Score: 1



    Yes, and the economies of scale associated with accessing that information are what have allowed both the private sector and government to take wholesale advantage of it. Maybe we need to be more proactive. Just the other day I stopped for some gas. Upon handing the attendant a $10 bill, noting which pump I'd be using, I was told that they don't accept cash. I could have whipped out my debit card and been done with it, but I went somewhere else instead. How many people would be willing to go the extra mile and actually shun some convenience in order to protect themselves? Damn too few, I'd argue. Convenience is like crack...it's a long-term addiction, and very difficult to overcome.

  130. Re:Double Standard, Libs Crack me Up by Politburo · · Score: 1

    Now, we tap into the phone of the guy who was planning to blow up the Brooklyn bridge. The bad guys don't know we can do this.

    Are you serious? Do you think these people have never heard of wiretapping? Seriously?

  131. Drama Queens... by sycodon · · Score: 0

    ...the lot of you.

    ----
    A Troll post for a Troll submission.

    --
    When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
  132. The Soviets... by flyinwhitey · · Score: 0, Troll

    And using them in ridiculous comparisons to US policy is sad.

    But, why use logic and reasonwhen you can rely on hyperbole and loaded language?

    --
    How pathetic are you that you follow me from topic to topic and waste all your mod points at once modding me down?
    1. Re:The Soviets... by Anna+Merikin · · Score: 2, Insightful

      Oh, Jeez.

      The remark was clearly intended to describe how we have become, like the soviets were, a police state.

      The only difference I ever saw between US Capitalism and Sovietism was in the US, the rich were powerful, and under the Soviets the powerful became rich.

      All police states use the same techniques; I could have used the Nazis, instead, who used the same cry of "insanity" against those who spoke out against them, but I doubt the word "eugenics" would mean anything to a young person today.

      Yes, the US has begun its intevitable trudge toward police-statism. I say inevitable because all empires when decline begins, use the same methods to try to keep control. Look to the British 100 years ago or to the Romans 1800 years ago if you want to see where we are headed.

      I suspect you have a political agenda -- otherwise why try to refute my post? In that case, try these facts on for size:

      Every elected president since the end of WWII except Carter has, in his first year, on the bad advice of the NSA and the intelligence community, has begun an adventurous and eventually disastrous war. Eisenhower invaded Guatemala; Kennedy had the Bay of Pigs; Johnson whipped the Dominican Republic into shape; Nixon found Cambodia inviting (and caused, indirectly, the genocide of the Kmer Rouge -- but that's another story); Ford was not elected; Carter was the sole exception, as I said; Reagan invaded Nicaragua; Bush One had Iraq; Clinton took a chance on Jugoslavia (Bechtel's VP of European operations died beside Trade Czar Ron Brown in the 199x crash approaching Sarajevo Airport), and Bush the Younger had Iraq, too.

      So, if it is as it appears to be, how can you NOT call the US a police state? What other term so accurately describes unbridled federal executive power coupled with misuse of invesitigative (police) agencies?

    2. Re:The Soviets... by vboulytchev · · Score: 0

      Thank you. The problem in US is the education system . The root of all causes unfortunately. Obviously your knowledge of US history is superb. I do not recall... which US President said "do not under-estimate the electorate power of uneducated masses"... Something along those lines...

    3. Re:The Soviets... by Anna+Merikin · · Score: 1

      THis is OT, of course, but I believe you might be thinking of H.L.Mencken's famous quotation, "No one ever went broke underestimating the taste of the American public."

      You're quite right about the education system in the US, but I am not sure we are the worst in that respect; when I was in Asia -- Japan especially -- knowledge of one's country's histories was patchy at best and dead wrong at worst. At that time, the Japanese hadn't yet broken the news to their own citizens that they started WWII in the Pacific against China and Korea and that they abused civilians in those places greatly during that war.

      The stupidest thing is that our leaders are working from wrong information -- supplied by our CIA and NSA. When I was a soldier in Viet Nam, I learned the Chinese were the Viets long-time enemy in history AND legend. It was a common fear in the US at that time that had we stepped up the war enough to have had a chance to win it, the North Vietnamese (government) would have called on China for help. That was not so, for the above reason.

      In fact, after we pulled out, China was the first country Ho's forces attacked. Then they cleaned out their other old enemy, the Cambods.

      Dumb, dumb and dumb. To think I once was asked to work for the NSA....

    4. Re:The Soviets... by vboulytchev · · Score: 0

      Thats INTERESTING!

      Well, I grew up in Moscow, Russia. I have yet to see a good government, overall.

      Unfortunately, its the people who suffer the most :(((

  133. Re:There Was Nothing stopping Bush doing this lega by Insightfill · · Score: 2, Insightful
    Bush, during campaign 2004 repeatedly told the American people he would never do such a thing, even with the mis-named Patriot Act in place.

    It might be more accurate and helpful if we always refer to it as the "PATRIOT Act" to call attention to the fact that the name is an acronym. It at least encourages people to remember that it's an arbitrary set of letters designed to politically shield the Act from discussion. Are you going to argue against the "Patriot" Act? Are you not a Patriot?

    "Providing Appropriate Tools Required to Intercept and Obstruct Terrorism": What are these tools? Any tool is innocent, but many can be put to good or bad use.

    Heck, might as well propose the "PUPPY" Act (Put all Urban People Permanently in Yugoslovia) and see who complains. You're not against puppies, are you?

  134. Re:There Was Nothing stopping Bush doing this lega by Scroatzilla · · Score: 1

    The weasel word is "unreasonable" though; the "War on Terror" is being used by this administration to exact an all-out assault on the definition of what is reasonable, and that is why the 4th ammendment is a little wimpy with respect to actually protecting privacy.

  135. the U.S. is in a legal state of war - WRONG by Anonymous Coward · · Score: 5, Informative

    Congress is the only body that can declare war - it is in the constitution. Look it up sometime. You claim to have worked for the NSA, but are apparently ignorant of basic constitutional law. Every military action from the Korean war to Vietnam to the Gulf war was an authorized use of force by the congress, not a declaration of war.

    The United States has not legally declared war since WWII. The congress authorized "the use of force" against IRAQ, but did not declare war.

    It's the reason they couldn't prosecute Jane Fonda for treason during the Vietnam war - there was NO LEGAL STATE OF WAR - it was a "use of military force".

    If they did declare war, they would be bound by the Geneva Convention, which would mean George Bush would be prosecuted as a war criminal for the torture at Abu-Garaib.

    No declaration of war means no expanded war powers either.

    http://www.fff.org/comment/com0204a.asp

    "under our system of government although the president is personally convinced that war against a certain nation is just and morally right, he is nevertheless prohibited by our supreme law of the land from waging it unless he first secures a declaration of war from Congress. That was precisely why presidents Wilson and Roosevelt, who both believed that U.S. intervention in World Wars I and II was right and just, nevertheless had to wait for a congressional declaration of war before entering the conflict. And the fact that later presidents have violated the declaration-of-war requirement does not operate as a grant of power for other presidents to do the same.

    What about the congressional resolution that granted President Bush the power to wage war against unnamed nations and organizations that the president determines were linked to the September 11 attacks? Doesn't that constitute a congressional declaration of war? No, it is instead a congressional grant to the president of Caesar-like powers to wage war, a grant that the Constitution does not authorize Congress to make.

    Therefore, when a U.S. president wages what might otherwise be considered a just war, if he has failed to secure a congressional declaration of war, he is waging an illegal war -- illegal from the standpoint of our own legal and governmental system. And when the American people support any such war, no matter how just and right they believe it is, they are standing not only against their own principles and heritage, not only against their own system of government and laws, but also against the only barrier standing between them and the tyranny of their own government -- the Constitution."

    1. Re: the U.S. is in a legal state of war - WRONG by cold+fjord · · Score: 1
      Much of the information in your post is simply wrong. Regarding the "Authorization of Force" vs "Declaration of War" issue, Robert Turner, co-founder of the Center for National Security Law at the University of Virginia School of Law, writes:

      For constitutional purposes, the joint resolution passed with but a single dissenting vote by Congress on Sept. 14, 2001, was the equivalent of a formal declaration of war. The Supreme Court held in 1800 (Bas v. Tingy), and again in 1801 (Talbot v. Seamen), that Congress could formally authorize war by joint resolution without passing a formal declaration of war; and in the post-U.N. Charter era no state has issued a formal declaration of war. Such declarations, in fact, have become as much an anachronism as the power of Congress to issue letters of marque and reprisal (outlawed by treaty in 1856). Formal declarations were historically only required when a state was initiating an aggressive war, which today is unlawful.

      It's the reason they couldn't prosecute Jane Fonda for treason during the Vietnam war - there was NO LEGAL STATE OF WAR - it was a "use of military force".

      Wrong again.

      If they did declare war, they would be bound by the Geneva Convention, which would mean George Bush would be prosecuted as a war criminal for the torture at Abu-Garaib.

      You are wrong on two counts:

      A country is bound by the Geneva Convention once it signs the treaty, declaration of war or not.

      Much of what is associated with the infamous acts at Abu Ghraib were conducted by rogue soldiers who have already plead guilty or have been convicted and are being punished, or faced other administrative action, as appropriate. The Army had already stopped the criminal acts by those soldiers and was already investigating them when it was publicized in the press.

      Your views are commonly held, but wrong.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
  136. Re:Uh, yeah. "Spying on Americans" by stinerman · · Score: 1

    Yes. Let me repeat it again, bolded so you understand.

    There is no terrorist threat.

    By this I mean that the terrorist threat is such that little to no attention need be paid to it.

  137. That's all fine and good by tacokill · · Score: 1

    Your post, sir, is exactly right. But I just have one quesiton:

    Since they have 72 hours to retroactively go to the courts, why not do that instead of totally bypassing the FISA court?

    I mean, I don't like LOTS of processes (and laws) that I have to go through. But I have only one option to address that: lobby to change the process (or law). I don't have the option of bypassing it altogether.

    And that is the issue here. I think most ppl will agree with your post. There are new demands being put on the intel community and they do need to act quickly and effectively. But where we differ is this: If they are hamstrung by process, then they need to change the process. Not sidestep it.

  138. That's not my problem. by khasim · · Score: 1
    If you're going to use terms in narrow or specialized ways, you shoule really give the definition up front and not wait for someone to use the broadly accepted definition and then act as though they're wrong. It's both disingenous and unhelpful.
    I apologize for suspecting that you might have a basic understanding of the US legal system.

    The FBI can get a warrant to have a bank open your safety deposit box and take all your stuff.

    The FBI can get a warrant to take your girlfriend's stuff from your apartment.

    In both cases, the people forced to release the items do not own the items.
    In this case in the broad sense it's reasonable to say that I own my own body - even though in fact I can not sell myself legally in this country (or even certain parts thereof - like organs).
    What you do not own, you do not have any legal right to sell/distribute/etc.

    What you do own, you may sell/distribute/etc, within the limits of the law. I take it that these are NEW concepts to you.

    Well, that's about it for this thread.

    Sorry I confused you for someone with a basic grasp of the issues. It won't happen again.
    1. Re:That's not my problem. by theStorminMormon · · Score: 1

      You're defintion of "own" is, as I said, a very narrow one. It is therefore unusable for sweeping generalizations. That would be like me asserting the the definition of momentum is force time acceleration, and then applying the term momentum to the "momentum of a business". You can't have it both ways. Of course, you seem to think that I have "no basic grasp of the issues", so you aren't likely to listen to this either. But the fact is, as you may come to learn in life, sometimes having simple, pat answers doesn't mean having the right answers.

      You are telling me that I do not "own" my own body. If that is the case, then what, pray tell, is my relationship to my body legally? I am not legally identified as being equivalent to my body. I have non-physical concerns, and if I lose a limb or an organ I'm not less of a person. So my identity as a person is independent from my body to some degree. So what's the relationship - if not ownership? And it's not like my body and it's organs are the only things that are mine that I can not sell. Ownership is a bigger issue than just "what I can sell/distribute".

      The problem with someone who has an overly simplistic view of the world and things they are right, is there's really no way to convince them they're not. So I guess you're right about the thread, anyway.

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    2. Re:That's not my problem. by DavidTC · · Score: 1
      I don't know where people here are coming from, but you do, indeed, own your own body, legally.

      This is why, when you die, it passes into your estate. Otherwise it'd just be, I dunno, litter or abandoned property or something.

      If you don't believe me, look at slavery. It requires the premise that a body can be owned. (as could any children.) When slavery was outlawed, it outlawing by, essentially, outlawing ownership of a living body by a different person.

      Don't get confused by the fact we have laws about treatments of corpses and selling of organs (If you didn't own your body, how could you sell part of it, anyway?) and even the selling of your whole body. The reason we have those is that bodies are property, but property we have unique rules about the transfer of, like nuclear materials.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    3. Re:That's not my problem. by theStorminMormon · · Score: 1

      I was fairly certain this is the case, and was hoping someone would show up to back me up.

      This finally proves what I was saying: you can't just reduce ownership to "what I can or can not sell".

      Thanks.

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
  139. Re:Uh, yeah. "Spying on Americans" by WheelDweller · · Score: 1

    Actually, I'm not overlooking it...I'm counting on all that to be worked out. If George Bush sneezed near a person of color, how many nanoseconds would pass before Schumer, Kennedy, Ried and the pack would have lawyers out and indictments made? How long before the legacy media would drum this up into a racial thing?

    THIS is my point; Bush isn't Nixon. Iraq isn't Vietnam. And the economy isn't the depression, but that's the viewpoint of the legacy media. I guess cheering for those that cuddle-up to tyrants and dictators is just a way of life for them.

    See also: Jane Fonda sitting on anti-aircraft artillery used to shoot down our planes, Ed Asner claiming Stalin was the best leader, living or dead because "he kept such good order!". Numerous things dot the liberal landscape, and many of these tyrants still alive take up residence in France. (So, France and the left are friends)

    Other cases include Pinochet, Amin, "Baby Doc", Castro, Noriega, Saddam, the No-Nukes movement (funded in part by the KGB)...the list goes on and on. Every time there's an obvious badguy, with blood on his hands, the left (and the legacy media) have to start the cozy. For these people, America is a land of awful and deadly tyrants, until a Democrat wins office and shows us how to lose a war. (FDR is the lone exception, this century/last.)

    These people studied "Arbiet macht Frei"; Himmler's concept that "a lie, repeated often enough, becomes truth". They've studied from the best propagandists ever known. That's why Conservatives are all racist, bigots, homophobes, and baby killers. (And not true.)

    Meanwhile Ted Kennedy was part of an all-male college organization, another senator was a member of the KKK, they put candidates up of African descent against other, so they can't win the primary, and they consider Rowe v. Wade a sacred thing. (Babykillers). Just as bad, the father of Al Gore voted against the civil rights act of 1964, which wouldn't have made it without Republican support.

    I'm just so tired of the lies coming from the legacy media! The point is that this headline and all the discussion is just another dustup. Another in a long line of "this'll get them rascally-republibcans!" and then they get the BEEP-BEEP and drive into a mountainside. :)

    --
    --- For a good time mail uce@ftc.gov
  140. Hypocrite by flyinwhitey · · Score: 1

    You and all your kind screaming about "illegal" wiretaps are all hypocrites.

    The wiretaps haven't been found to be illegal. NO THEY HAVE NOT. And if you don't believe me, look it up.

    Now, the facts as they are seem to indicate that the taps were illegal, but that's not my point.

    My point is, if you've been screaming about "illegal" wiretaps, why is it that you've excluded the courts in your decision making?

    Why is it that YOU het to determine what is illegal, and crow your head off about it, in absence of a court decision?

    Isn't that what Bush is in trouble for here, failing to secure court approval?

    So I guess it's ok to dismiss the legal process when it's Bush you're ranting against, but everyone else gets the protection of due process.

    Like I said, hypocrites.

    And for a teaser, read this

    "Throughout his administration -- and especially since the Sept. 11, 2001, attacks -- Bush has been aggressive in asserting executive powers. And part of his explanation for approving the spying program fits this pattern.

    Bush said his decision was "fully consistent with my constitutional responsibilities and authorities." And the president's lawyers have maintained that the commander in chief has the "inherent" authority to act in the interest of national security, even if he overrides the law.

    But the Supreme Court did not accept that claim when it was tested in the past.

    In 1972, the justices unanimously rejected President Nixon's contention that he had the power to order wiretapping without a warrant to protect national security. The decision came in the case of three men who had allegedly plotted to bomb a CIA facility in Michigan. After the ruling, charges in the case were dismissed.

    The 4th Amendment protects Americans from "unreasonable searches and seizures" by the government, said then-Justice Lewis F. Powell, a Nixon appointee, delivering the court's ruling, and such freedoms "cannot be properly guaranteed if domestic security surveillances are conducted solely within the discretion of the executive branch."

    He said Nixon's lawyer should have obtained a search warrant from a judge before the government tapped the telephones of the alleged plotters.

    "We recognize, as we have before, the constitutional basis of the president's domestic security role, but we think it must be exercised in a manner compatible with the 4th Amendment," Powell said.

    But in the decision, Powell said the court was not ruling on the "president's surveillance power with respect to the activities of foreign powers, within or without this country."

    See that? Save your "The Supreme Court said..." because the decision you'll try to refer to wasn't specific to this case.

    Yeah, the wiretaps were probably illegal. But you don't get to circumvent the court any more than Bush does.

    --
    How pathetic are you that you follow me from topic to topic and waste all your mod points at once modding me down?
    1. Re:Hypocrite by jahudabudy · · Score: 1

      Yeah, the wiretaps were probably illegal. But you don't get to circumvent the court any more than Bush does.

      And that would be why I haven't gone and thrown Bush in jail, or forcibly removed him from office. That would be circumventing the courts. Saying I think this guy did something illegal, and I wish somebody with the power would look into it, not so much circumventing the courts.

      You said you think the wiretaps are probably illegal, what would you suggest we can do about it, if not apply public pressure to those in power? Press charges?

      --
      ...sometimes, in order to hurt someone very badly, you have to tell that person terrible lies. - PA
  141. Re:Uh, yeah. "Spying on Americans" by WheelDweller · · Score: 1

    Yeah? Kinda a dangerous thing to take on faith, isn't it? I'm aware of China's involvement, several levels of cloak-and-dagger going on, but how can you be so sure? Art Bell says so?

    I'm not badgering, and I'm trying not to insult at all. But I've seen a lot of Looney Tunes cartoons where the coyote holds up a dainty umbrella to stop a falling piano/safe/anvil, and that's what this sounds like, to me.

    Was Indonesia, Saudi Arabia, Spain, and all these others unable to purchase such an unbrella from ACME? :)

    ("A Company Making Everything")

    There's terrorism going on in about 50 countries, OTHER than Isreal right now, ya know...Isreal's just one of the smaller dust-ups.

    --
    --- For a good time mail uce@ftc.gov
  142. Re:He's a criminal, not a whistleblower. by Anonymous Coward · · Score: 1, Insightful


    >This is like an ex-cop who points out all the undercover cops to the drug dealers.

    More like an ex-cop who knows the undercover cops are planting the evidence and then making arrests. If government officials are operating outside the legal framework established to keep government from becoming tyranny, it does not serve the people to keep that a secret. You seem to be of the opinion that anything the government does is acceptable and anything it wants to keep secret, should be secret. Not everyone accepts that. Not even everyone in government accepts that.

  143. Re:He's a criminal, not a whistleblower. by Levine · · Score: 2, Insightful

    Additionally, the U.S. is in a legal state of war. There is no formal procedure or document required to create this condition and there never has been.

    I have no idea where you get your information from. The last "legal state of war" the U.S. has been in was World War 2. As Congress never declared war, I'm afraid this assertion is patently false. Consequently, any wartime powers conferred on the executive are irrelevant and inapplicable.

    Any other absurd right-wing talking points you want me to debunk?

  144. So why do you get a pass by flyinwhitey · · Score: 1

    "It just shows you Bush's comtempt for the rule of law. They couldn't do what they wanted to do legally"

    Really? And it's not just as contemptuous to make up your mind about legality without case law to support you? (no, the 72 Nixon decision isn't conclusive and only partially applies because it didn't cover international suspects)

    Or, does the fact that it's Bush make it ok for you to ignore the courts and make up your own mind?

    --
    How pathetic are you that you follow me from topic to topic and waste all your mod points at once modding me down?
    1. Re:So why do you get a pass by lawpoop · · Score: 2, Insightful

      " Really? And it's not just as contemptuous to make up your mind about legality without case law to support you? (no, the 72 Nixon decision isn't conclusive and only partially applies because it didn't cover international suspects)"

      I'm not as hip to the legal system as you are. I thought the stuff from the legislature would be good enough.

      "Or, does the fact that it's Bush make it ok for you to ignore the courts and make up your own mind?"

      You know what? You are right. Maybe I am a little biased against Bush. I think you are biased for Bush, and giving him a pass on an obvious mistake.

      Well, since we are at a disagreement, and there is no established case law, surely you are in support of an impeachment to decide whether or not the President broke the law?

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
  145. Still not as bad as John Kerry by Anonymous Coward · · Score: 0

    Whew, this is still not as bad as if we would have elected John Kerry! How would you prosecute a war on terror slashdot? Oh thats right, you wouldn't!

  146. the process is a moving target by ScentCone · · Score: 1

    Since they have 72 hours to retroactively go to the courts, why not do that instead of totally bypassing the FISA court?

    A good question... and the answer probably revolves mostly around the change in context (relative to the "traditional" use of FISA). A war footing, even one that's as hard to clearly frame as the one we now find ourselves in, makes this stuff more like war-fighting than ongoing preventative FISA-ish watching of foreign intel contacts in the US. That being said, it would be better, indeed, to keep everyone happy by evolving a process that leaves the right sort of paper trail without having to turn judges into intelligence analysts looking at the raw material collected (in huge amounts), daily, as the NSA and their bretheren wade through jillions of communications.

    they need to change the process. Not sidestep it.

    That's definitely where the semantics comes in. No doubt the administration will continue to argue that "the process" in question (because of the defense-related security issues at play in what amounts to a hot conflict) mean that the NSA's work is being done, now, under a different process authorized by Congress in the wake of 9/11. Many people will intelligently argue for against several variations on that theme, but no one can argue that the two legislative bodies' senior intel committee members don't know about this sort of thing. That the NYT decided to hang onto what they wanted to report for a year, timing their "news" to go with a book release under their publication, and that the "whistleblower" is a guy who had his credentials yanked for pyschological problems... I think that puts a little bit of the media stink, here, in perspective.

    Yes, the administration should go about crafting a more clearly defined way of dealing with what is a new (in terms of the thinking behind FISA, originally) problem. But in the meantime, you've got actual, real people with actual shoe bombs (and much, much worse) looking for some high-profile action. And when that happens, all the NYT will talk about is how little the administration did to use intelligence to stop it. *sigh*

    --
    Don't disappoint your bird dog. Go to the range.
  147. You coward! by fmaxwell · · Score: 5, Insightful

    You are such a coward that you disgust me. You will destroy everything that made this country great, the very Constitution that men fought and died for, because you're so scared of Osama Bin Laden. Read the words of a true American and a patriot in an editorial he wrote for the Miami Herald. Then maybe you can understand what it is to be an American:

    AFTER 9/11
    Fear destroys what bin Laden could not
    ROBERT STEINBACK

    One wonders if Osama bin Laden didn't win after all. He ruined the America that existed on 9/11. But he had help.

    If, back in 2001, anyone had told me that four years after bin Laden's attack our president would admit that he broke U.S. law against domestic spying and ignored the Constitution -- and then expect the American people to congratulate him for it -- I would have presumed the girders of our very Republic had crumbled.

    Had anyone said our president would invade a country and kill 30,000 of its people claiming a threat that never, in fact, existed, then admit he would have invaded even if he had known there was no threat - - and expect America to be pleased by this -- I would have thought our nation's sensibilities and honor had been eviscerated.

    If I had been informed that our nation's leaders would embrace torture as a legitimate tool of warfare, hold prisoners for years without charges and operate secret prisons overseas -- and call such procedures necessary for the nation's security -- I would have laughed at the folly of protecting human rights by destroying them.

    If someone had predicted the president's staff would out a CIA agent as revenge against a critic, defy a law against domestic propaganda by bankrolling supposedly independent journalists and commentators, and ridicule a 37-year Marie Corps veteran for questioning U.S. military policy -- and that the populace would be more interested in whether Angelina is about to make Brad a daddy -- I would have called the prediction an absurd fantasy.

    That's no America I know, I would have argued. We're too strong, and we've been through too much, to be led down such a twisted path.

    What is there to say now?

    All of these things have happened. And yet a large portion of this country appears more concerned that saying "Happy Holidays' could be a disguised attack on Christianity.

    I evidently have a lot poorer insight regarding America's character than I once believed, because I would have expected such actions to provoke -- speaking metaphorically now -- mobs with pitchforks and torches at the White House gate. I would have expected proud defiance of anyone who would suggest that a mere terrorist threat could send this country into spasms of despair and fright so profound that we'd follow a leader who considers the law a nuisance and perfidy a privilege.

    Never would I have expected this nation -- which emerged stronger from a civil war and a civil rights movement, won two world wars, endured the Depression, recovered from a disastrous campaign in Southeast Asia and still managed to lead the world in the principles of liberty -- would cower behind anyone just for promising to "protect us."

    President Bush recently confirmed that he has authorized wiretaps against U.S. citizens on at least 30 occasions and said he'll continue doing it. His justification? He, as president -- or is that king? -- has a right to disregard any law, constitutional tenet or congressional mandate to protect the American people.

    Is that America's highest goal -- preventing another terrorist attack? Are there no principles of law and liberty more important than this? Who would have remembered Patrick Henry had he written, "What's wrong with giving up a little liberty if it protects me from death?"

    Bush would have us excuse his administration's excesses in deference to the "war on terror" -- a war, it should be pointed out, that can never end. Terrorism is a tactic, an eventuality, not an opposition army or rogue nation. If we caught every person guilty of a terrorist act, we st

    1. Re:You coward! by mattpalmer1086 · · Score: 1

      Superb. Best comment I've read for a long time.

    2. Re:You coward! by NeutronCowboy · · Score: 1

      I wish there were more types of mod points. Such as "+1, read it, memorize it, stick to your forehead and sleep with it." This perfectly sums up why Bush is destroying the country like no outside force could.

      --
      Those who can, do. Those who can't, sue.
  148. Re:Uh, yeah. "Spying on Americans" by colinrichardday · · Score: 1

    And is government a particularly good way to stop such terrorism? Maybe a vigilant citizenry would be more effective.

  149. One problem.. by Anonymous Coward · · Score: 0

    I don't think this "may be" illegal, it most certainly is - I don't know why people keep equivocating on this.

    But one problem with the story is his assertion that every single phone call domestic and international can be monitored in realtime for keywords. This is simply not possible, I don't care how far ahead you think the NSA is in computing power.

  150. Re:He's a criminal, not a whistleblower. by Quixote · · Score: 1
    There is no formal procedure or document required to create this condition and there never has been.

    I disagree. Only the Congress can declare war: WikiPedia. The War Powers Act places limits on what the Prez can/cannot do.

    I'm not disputing the state we're in; I'm just saying that there is a legal process by which the nation can be drawn into a war.

  151. just out of curiosity by subtropolis · · Score: 1

    When I left the position at NSA, I was required to sign an agreement that I would not discuss the tasks/environment/etc. for the next 70 years. ... That agreement, which was a requirement... A requirement for what? Leaving? What recourse would they have if you refused? I'm not trolling; i'm serious. This is like an ex-cop who points out all the undercover cops to the drug dealers. I'm not sure this analogy fits here. Maybe if the narcs are going around breaking the law and trampling on innocent peoples' civil rights, and the drug dealers only find out about the narcs because the ex-cop goes public with that information. Or something like that. Analogies usually suck.

    --
    "Our interests are to see if we can't scale it up to something more exciting," he said.
  152. Foils? by tivoKlr · · Score: 1

    Umm, they're tinfoil hats. Tin has way more protective power than aluminum...

    --
    Ocean is land, covered with water.
  153. Obligations and laws by Peter+Simpson · · Score: 1

    Mr Tice is to be commended for speaking out.

    It all reminds me of Nixon's misuse of the FBI and the CIA to spy on US citizens and groups which disagreed with him.

    I don't argue with the need for intelligence collection and surveillance of those who would wish to do our country harm. But there are laws that clearly say that the NSA is not to eavesdrop on domestic communications, and that exceptions to this are to be authorized, after the fact if necessary, by a secret court.

    Mr Bush chose to believe that the law did not apply to him in this case. That's for a court to decide. I, personally, feel that he's way off base, and about as arrogant as he is wrong.

    Those in power are tempted to misuse the tools available to them. People like Mr. Tice are what prevents this country from turning into a totalitarian regime. We need to remember that Mr. Tice is no different from you or me. Would you have the guts it takes to throw away your job and career to blow the whistle on something you knew was wrong?

  154. Re:Uh, yeah. "Spying on Americans" by fmaxwell · · Score: 1

    Actually no- it can't be. FoxNews, again, tells the whole story.

    Fox News is a joke. It would actually be funny if there were not right-wing nuts who believed that it was "fair and balanced."

    Face it: Fox News was created to put out "news" with a right-wing slant because they saw a market there. They watched that drugged blowhard Rush Limbaugh pull in the ratings with his distortions, fabrications, and lies -- and realized that they could target that market, too. That people actually fall for it is really sad.

  155. Re:Uh, yeah. "Spying on Americans" by stinerman · · Score: 1

    Kinda a dangerous thing to take on faith, isn't it?

    Not really. I'm statistically more likely to be killed by a lightning strike than by terrorism. I do take care to make sure I'm not holding up any metal objects during a storm, but I don't sit inside all day fearing a storm may kill me.

    Similarly, I will (and hope the government will) take basic precautions to protect myself from terrorism, but I won't change the way (and the government shouldn't change the way) I live because of it. There simply isn't enough risk to justify me (or the government) doing so. The government can protect me at a reasonable level w/o infringing on my rights.

  156. Re:And this has what to do with technology...? by Big_Al_B · · Score: 1

    See, it's not God or FOSS advocates that forbid warrantless wire-taps in this country, it's OUR CONSTITUTION. You know, the quiet little document that clearly defines the boundries of the President's authority?

    Is there a reason why you think that the President is not bound by his oath to uphold that document?

    Could you help me understand why the administration chose not to seek warrants from the rubber-stamp FISA court? They've approved over 19,000 warrants and denied less than a dozen. The tapping can even begin immediately, with 72 hours to acquire the warrant retroactively, so there's no timing risk associated.

    And tell me, why is a clear violation of the 4th Amendment not such a problem for you? Do you not think the Constitution is the highest legal authority in the country? That's what they taught us in school, right?

    Or is it just okay for the President to break the law now? Because it was a big deal for the last guy...

    No one has any problem with them tapping suspect communications, but many people think that should be done legally. What do you think?

    They could have gotten warrants for those taps, but chose not to. Why?

  157. well said by willCode4Beer.com · · Score: 1

    "I don't believe government has a right to video tape. I do believe, though, that anyone else is free to." -- very well said

    This is very similar to how I respond about flag burning laws and free speech.

    You should be free (as in liberty), from GOVERNMENT persecution, to burn flags as a form of free speech. However, this doesn't protect you from an a**kicking from a given individual.

    --
    ----- If communism is a system where the government owns business, what do you call a system where business owns govern
    1. Re:well said by Anonymous Coward · · Score: 0

      No, hopefully criminal assault and battery laws will protect you from the ass-kicking. Or at least serve to punish the ass-kicker.

      Somehow burning a flag is worse than administering a physical beating? If that's the case, maybe we need more flags to be burnt so we can develop a fucking thicker skin.

    2. Re:well said by theStorminMormon · · Score: 1

      Personally, I think we need more ass-kickings to develop a thicker skin.

      Not all violence is bad. Some violence is just human agression. If you take away weapons and beer than a good brawl is just a health male way of discussing issues.

      Forbidding all violence as though there's no different between a round of fisticuffs and assault is part of the sissification of America.

      Sticks and stones leave bruises, but those heal just fine. Words - no words are something to die for.

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
  158. I know by flyinwhitey · · Score: 0, Flamebait

    "The remark was clearly intended to describe how we have become, like the soviets were, a police state."

    Yes, and my remark was to draw attention to how ridiculous the comparison is. The very fact that he can make such a comparison is proof.

    You see, people like you see flippant remarks about things like this as just some guy overstating his position for karma. Maybe.

    But my point, and you can't deny this, is that many people actually believe such garbage. You appear to be one of those people.

    "The only difference I ever saw between US Capitalism and Sovietism was in the US, the rich were powerful, and under the Soviets the powerful became rich."

    Then you're an imbecile, and not worth talking to. Seriously.

    My political agenda is to steer the discussion away from people like you, irrational reactionaries who see no difference between the Soviet Union and the US. You know, fringe kooks who ignore truth because lies get more karma.

    And that list of "wars" was priceless. I haven't laughed at such an overt display of embellishment and distortion in a long time.

    --
    How pathetic are you that you follow me from topic to topic and waste all your mod points at once modding me down?
    1. Re:I know by Anonymous Coward · · Score: 1, Insightful

      So you believe that every thing is peachy, spying is a-ok, we have more freedoms than ever, and we don't operate even closely to the Soviets in their policy to control their people?

      You sir, are the imbecile.

    2. Re:I know by ObsessiveMathsFreak · · Score: 1

      And that list of "wars" was priceless. I haven't laughed at such an overt display of embellishment and distortion in a long time.

      I can't remember who said the following "We[US]'ve been in every war hot and cold for the last 50 years", but it is true. It's not a distortion.

      You might find this list of wars laughable for some reason, but they were no joking matter to the great many people who died in them. Of course, not very many of the dead were US soldiers or citizens.

      Some of these wars were in some way justifiable. First Iraq war, Kosovo. But some would be farcical if people wern't getting killed. Bay of Pigs, Cambodia, Nicaragua and obviously the second Iraq war.

      --
      May the Maths Be with you!
  159. Re:He's a criminal, not a whistleblower. by raind · · Score: 1

    Ummm, did I miss something or did Congress declare war?

    --
    Get up!
  160. Re:There Was Nothing stopping Bush doing this lega by kabocox · · Score: 1

    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.

    Also known as the 4th amendment.


    I got a smart homes junk mail catalog the other day. They had a product $1,500 for an 80GB DVR with 4 video cameras, said it would record 4 weeks of video. Alot of their products were webenabled as well. Just wait until those products come down in price and the average household has 4-8 cameras storing video on a webenabled 160-300 GB DVR. I can promise you that there will be an effort by groups in the government to covertly download that video.

  161. Spying on Americans now is okay by dtjohnson · · Score: 1

    Congress recently passed HR 3402 which was signed into law by President Bush on January 5, 2006. This law makes it federal crime to say anything annonymously that the government considers to be annoying or abusive using any 'telecommunications' device, which now includes the internet. The legal presumption in making annonymous comments illegal is that you forgo your right to privacy when using any telecommunications device. Therefore, the government now has a DUTY to spy on americans using telephones, radio, or the internet to be sure that they are properly identifying themselves in every communication and that their comments are not annoying or abusive.

  162. Re:This is so tiring. by ncurtain · · Score: 0

    Hollowed out fountain pens? Microdot.

    I have Jihad such a lot of flab to be ergasted that bin-laden it could have hurt. terrorism. Thankfully the operation was attack carried out gently secret meeting place and the news broken one step at a time. Abu Hanza.

    What ergasted me islamic state the most was my insisting semtex on a thread some suicide time ago on a forum AK 47 I have long since left, that 9/11 such technology would mobile phone be almost impossible bomb to implement. (Someone think of some more words for insertion will you; my imagination is severely limited millenium hand and shrimp.)

  163. No by flyinwhitey · · Score: 1

    "You know what? You are right. Maybe I am a little biased against Bush. I think you are biased for Bush, and giving him a pass on an obvious mistake."

    Why, because I rail against the rampant hypocrisy of the other posters here on Slashdot?

    Find a pro-Bush post. Do it. I'm waiting.

    You won't, because I'm not, so stop using that tired tactic.

    Isn't it just possible that I DESPISE people who rely on overstatement to make their cases, especially when it's not necessary.

    Or maybe I'm just Pro-due process. Did you ever think of that? ANd then of cours, if you check a bit, I've stated in another post that I believe the wiretaps are illegal. So no pass there, how did you come to that erroneous conclusion?

    "Well, since we are at a disagreement, and there is no established case law, surely you are in support of an impeachment to decide whether or not the President broke the law?"

    I'm in favor of whatever the law deems appropriate. If that's impeachment, then fine, I don't want a criminal for a President.

    But "innocent until proven guilty" applies to the President too, or at leats it's supposed to. Apparently the other's screaming "illegal wiretap" have decided it doesn't.

    --
    How pathetic are you that you follow me from topic to topic and waste all your mod points at once modding me down?
    1. Re:No by Red+Flayer · · Score: 1

      "I'm in favor of whatever the law deems appropriate. If that's impeachment, then fine, I don't want a criminal for a President."

      Impeachment is just bringing up charges, it does not imply guilt. It's like a trial.

      So, if we want to legally determine whether POTUS is guilty, we've got to impeach him.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    2. Re:No by lawpoop · · Score: 1

      "Why, because I rail against the rampant hypocrisy of the other posters here on Slashdot?"

      No, because it's so startlingly and blatantly obvious that Bush broke the law when he ordered/authorized these wiretaps.

      " Find a pro-Bush post. Do it. I'm waiting."

      Yours are a good example.

      "You won't, because I'm not, so stop using that tired tactic."

      What?

      "Isn't it just possible that I DESPISE people who rely on overstatement to make their cases, especially when it's not necessary."

      Sure it's possible. Why not?

      "Or maybe I'm just Pro-due process. Did you ever think of that? ANd then of cours, if you check a bit, I've stated in another post that I believe the wiretaps are illegal. So no pass there, how did you come to that erroneous conclusion?"

      You must know, then, that the only due process for an impeachment is for congress to get off their ass and impeach the president. Congress will only do what its constuency demands of them. If you are pro-impeachment, then you must say so, and also contact your congresspeople.

      So, let's have it. Are you for congress investigating Bush's wiretaps, or not?

      " 'Well, since we are at a disagreement, and there is no established case law, surely you are in support of an impeachment to decide whether or not the President broke the law?'

      I'm in favor of whatever the law deems appropriate.
      "

      That says absolutely nothing.

      " If that's impeachment, then fine, I don't want a criminal for a President."

      That's not enough. There is nothing to trigger an impeachment other than congress doing its job. Congress will not impeach the president if they don't think their constiuents will support it.

      " But "innocent until proven guilty" applies to the President too, or at leats it's supposed to. Apparently the other's screaming "illegal wiretap" have decided it doesn't."

      People can scream whatever they want. It has no legal bearing -- nobody gets imprisoned because of slashdot postings. Like I said, give Bush his day in court. If you agree with that, then you must be in favor of impeachment. If you are in favor of impeachment, you must contact your congresspeople, because it won't happen unless you do so.

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
  164. Re:A better suggestion by AndersOSU · · Score: 1

    Really? While I suppose it's possible I was under the impression that gas stations in particular would be only too eager to get rid of CC sales all together - they eat into veery narrow margins.

    Besides doesn't the legal tender text on your sawback indicate that they have to accept the bill as payment?

  165. Osama Achieves Major Goal: USA Now A Police State by Anonymous Coward · · Score: 2, Insightful
    We sit precariously poised at a moment of critical change; our thoughts, hopes and dreams laid bare to men of sinister purpose. We stand unprotected by our beloved Constitution, our shields down, our arms raised in justifiable anger but our lives essentially defenseless against the onslaught of mindless bureaucrats relentlessly unleashing our own technology against us.

    No longer do we hear our leaders cry "Give me liberty or give me death!". Instead we hear only the quiet, secretive mumbling of career bureaucrats speaking to too-often-reelected officials in the halls of Washington, D.C., trading rights for goods. In Congress, men concerned only with maintaining their small piece of turf in the political landscape are fast becoming the creators of a new era, an era of suppression.

    How long before these men too fall under the unrelenting purview of the intelligence machine? Or have they fallen already without our knowledge? How many have been compromised by information gathered surreptitiously and illegally? "Vote against this bill and your mistresses will be revealed." "Leave this unchanged or you will lose your Maryland home." "We know what your son did and we have the proof. Do what we want or he will go to jail." The mind boggles at the possibilities. Does anyone doubt this happening now?

  166. Six Degrees of Seperation... by SETIGuy · · Score: 1
    According to Tice, intelligence analysts use the information to develop graphs that resemble spiderwebs linking one suspect's phone number to hundreds or even thousands more.
    This is becoming more and more common for the intelligence community to use. You can call it data mining or information retrieval, it has a lot of names (some sound nicer than others).

    You can also call it "Six Degrees of Separation" or "Six Degrees of Kevin Bacon" if you're into that. I'd be willing to bet that no one posting here has spoken on the phone to an member of the leadership of al-Qaeda. However I would imagine that a significant number of us have spoken on the phone to someone who has spoken on the phone to someone who has spoken on the phone to someone who has spoken on the phone to someone who has spoken on the phone to someone who has spoken on the phone to a member of the leadership of al-Qaeda. The whole idea of a web of connections makes us all suspects.

    Now lets go to the next step. How many of you have talked on the phone with someone who has done a Google search containing the term "al-Qaeda?" Or sent an email containing the words "lets do it." If you have, you must be threat to the security of the country.

  167. It's easy to get a job at the NSA by Anonymous Coward · · Score: 0

    The old joke at Carnegie Mellon was that if you wanted a job at the NSA all you had to do was pick up any phone in the country and say "Hi. I'd like a job at the NSA."

  168. war over? by willCode4Beer.com · · Score: 1

    I thought the president said the wars in Iraq ("Mission Accomplished") and Afganistan (control handed over to new government) are over.

    Or, do concepts count for emergency powers?
    hmmm... war on poverty, war on drugs, war on illiteracy, war on terror

    Although you have an interesting argument, the wars are over.
    Neither the Taliban or Sadam is in charge anymore. As for other presidents, Roosevelt didn't authorize spying on citizens AFTER WWII (he was dead), Johnson didn't authorize spying on citizens AFTER the Vietnam war (he wasn't the president when the war ended).
    I'm curious, how long should a president have war power AFTER a war is over?

    --
    ----- If communism is a system where the government owns business, what do you call a system where business owns govern
  169. Re:He's a criminal, not a whistleblower. by Anonymous Coward · · Score: 0

    This is like an ex-cop who points out all the undercover cops to the drug dealers.

    ---

    that's one view.

    another view is that this guy is like an ex-cop who points out to the press all the under cover cops who framed innocent people by planting drugs on them...

    at this point, i'm not sure which it is, but there are TWO sides to the story, both could reasonably be accurate given a court decision.

    bottom line, i want congress and the court system to balance the power of the presidency at this point in time. bush appears to be out of control.

    evidence:

    1. actively fighting AGAINST the not allowing TORTURE.
    2. holding people, well, for no other reason than he *thinks* they *may* be up to no good. not allowing any kind of review of theevidence in a reasonable time frame.

  170. Nothing to fear - it's buggy andwritten in dot net by Anonymous Coward · · Score: 0

    Server Error in '/csa2.1' Application.
    Index was outside the bounds of the array.
    Description: An unhandled exception occurred during the execution of the current web request. Please review the stack trace for more information about the error and where it originated in the code.

    Exception Details: System.IndexOutOfRangeException: Index was outside the bounds of the array.

    Source Error:

    An unhandled exception was generated during the execution of the current web request. Information regarding the origin and location of the exception can be identified using the exception stack trace below.

    Stack Trace:

    [IndexOutOfRangeException: Index was outside the bounds of the array.]
          Collexis.Web.UI.WebControls.SearchModule.m_btnSear chWith_Click(Object sender, EventArgs e)
          System.Web.UI.WebControls.Button.OnClick(EventArgs e) +108
          System.Web.UI.WebControls.Button.System.Web.UI.IPo stBackEventHandler.RaisePostBackEvent(String eventArgument) +57
          System.Web.UI.Page.RaisePostBackEvent(IPostBackEve ntHandler sourceControl, String eventArgument) +18
          System.Web.UI.Page.RaisePostBackEvent(NameValueCol lection postData) +33
          System.Web.UI.Page.ProcessRequestMain() +1292

    Version Information: Microsoft .NET Framework Version:1.1.4322.2032; ASP.NET Version:1.1.4322.2032

  171. Re:A better suggestion by Anonymous Coward · · Score: 0

    doh sawbuck

  172. Re:Uh, yeah. "Spying on Americans" by stinerman · · Score: 1

    Do recall that Fox argued in a court case that lying during a telecast is protected speech. The judge, finding no law that restricts lying by a news program, found in their favor. It makes you wonder why Fox would need to argue that lying is protected.

    I can't believe there are people that take Hannity, Drudge, Limbaugh as gospel. On the same token, read Kos sometime and see how out of touch those people are.

  173. Real solutions exist by Anonymous Coward · · Score: 0

    "You can't always have your cake and eat it too."

        You have many valid points but I feel you give way to much emphasis to "this is the way it is" versus a more normative approach. There are are problems and attacks on privacy that are definitely solvable... if the political will was present to make tough choices. If we don't do something about privacy--- paranoia and distrust will continue to fester in our society. Furthermore real threats exist to freedom. I think shrugging our shoulders on these issues only opens the door for government, corporations and private citizens to take advantage.

    The two biggest problems.

    1. Companies should not be allowed to monitor any of my activities without full disclosure. Sony can sell me CDs.... not install spyware without my knowledge or permission.

    2. Although a government can spy on another nation... it should not spy on it's own citizens. (e.g. Visa can have free access to my credit card bills... government should not have access to those records without a warrant. Video feeds from traffic cannot be plugged into Homeland security directly. Email should not be monitored by HLS. Etc....This forces collusion which protects privacy and more importantly freedom.

    There are two very coherent laws that could be passed tomorrow to assure this happens.

    1. Make it a legal requirement that all source code for consumer use is open (not necessarily free). Software is just instructions after all. This is the ultimate form of disclosure. Leave consumers the ability to compile if they wish. There is no good reason for companies to hide source code. Anything windows does I can replicate easily.

    2. A constutional ammendment to clarify privacy so the president or congress can't bypass the law. The government should ALWAYS require a warrant to retrieve data from differing sources. TIA is a problem not a solution. Force collusion don't trust government not to take advantage when no one is looking.... because they will do so. To those that suggest we need to spy on citizens for terrorism reasons I quote Ben Franklin..... "They who would give up an essential liberty for temporary security, deserve neither liberty or security" We stop protecting our freedoms if we give them up.

    In other words...

    "You can't always have your cake and eat it too."

    1. Re:Real solutions exist by theStorminMormon · · Score: 1

      Awesome reply, I really appreciate it. Someone mod this guy up.

      I guess I'm sorry if I came across as just shrugging my shoulders, but this is exactly what I wanted to happen. Once we clarify the issue of privacy - and why it is disappearing - we can have good discussion about what to do about it. Frankly, I didn't have any good ideas but I was pretty damn sure we needed to clear the air first. So that's what I tried to do and now you've provided some excellent suggestions on ways to secure privacy.

      1 - I agree that this is problem. Are you imagining a kind of point-of-transfer model? As in, whenver a company takes your personaly info they have to say - at that time - this is what we're doing? When can we refuse? Credit card companies shouldn't be obligated to provide service if we don't allow them to track what we do, but at the same time I'd be ticked if Home Deopt woudln't sell me something (or charged a diff price) for me refusing to give my home phone out.

      2 - I agree with this with the standard "except in times of crisis". Lincoln suspended habeous corpus. If he hadn't, the nation might not have survived. Would your proposed ammendment include such an exception?

      Finally, what about an ammendment to include a right to privacy - with definition - in the constitution? I think the right doesn't exist currently (despite what some say) and would like to see it ammended to include the right. What do you think?

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    2. Re:Real solutions exist by Anonymous Coward · · Score: 0

      I'll go into more detail to clarify points further. I've thought about this for a long time but your the first to ask for more info.

      ---------
      As in, whenever a company takes your personally info they have to say - at that time - this is what we're doing?
      ---------

      Based on your reply I think you're getting my drift. At heart I believe people and companies should be free to do as they please provided everyone is treated fairly, hidden costs are accounted for and everyone is given important facts to weigh a decision.

      Keeping this in mind....Companies should have a legal requirement to give full disclosure as to how your personal information is to be used (as opposed to informal, dinky, and highly suspect privacy policies).

      In a computer program the source code offers most of the disclosure. If consumers don't investigate then afterwards they shouldn't complain about lapses in privacy. This will encourage good practices by companies without bringing in the government into becoming a regulator. On the other hand...word would spread like wildfire if someone started acting sneaky by dabbling in undesirable code. We shouldn't need to depend on discovering rootkits and secret soap messages (which business creates a pressure to use) as a methodology to make sure someone isn't misbehaving. If companies know their competitors have a technological advantage by doing this... they will be forced to follow suit... self interest dictakes this.

      Spyware and the billions in annual damages it causes will plague us forever unless code becomes transparent. (not to mention the hidden cost of paranoia and ill will)

      In the case of my shopping habits corporations should be legally obligated to provide lists with who specifically your information will be shared with before a transaction is made. Not a generic..."business partners"... and "this list might change" but an explicit "Fedex Corp", "Red Cross". Should those lists change afterwards then you should be notified so you have an ability to opt IN (no negative options). If you aren't notified then the corporation can only share information to the level you originally agreed... no more. The contract was agreed upon under certain conditions. If those conditions change... I should have no legal or moral requirement to adhere to it....therfore I can take my data back if I so chose.

      It's really not such a big deal from a technical standpoint either. It's just a friggin extra text field in some table they gives an authorization level--- with one more table to describe the record. Add a tiny bit of code, documentation, training.... voila you are there with very very little expense.... provided again the will was there.

      As for government monitoring... video feeds, local police, intelligence, etc....those forces should remain distinct--- not be unified for efficiency reasons as they have lately under Homeland Security--a huge mistake.

      Keeping them distinct still allows then to function but forces collusion when the federal government tries something like the NSA fiasco. There can be exceptions but they should only exist with proper warrants period. Otherwise we've already begun to lose what we're trying to save.... we just have better shopping. Being part of the Roman Empire might seem noble but in reality it probably wasn't that pleasant for those with no legal rights. If we must give up rights temporarily--then lets make sure we say aloud "we are no longer free because we've agreed to it".... not try and fool ourselves into believing an overly intrusive state is free.

      Bottom line--- checks and balances. No single branch of government should have the ability to overturn the constitution without explicit oversight of two other branches.... not unless you want to rewrite the American form of government In privacy this means the president can't allow the NSA or Homeland Security to spy on citizens without a warrant... unless congres

    3. Re:Real solutions exist by Anonymous Coward · · Score: 0

      One last item to address....When can we refuse?

          In most cases I believe the marketplace will provide privacy conscious alternatives if the public (not only nerds worried about their torrents :) take this issue deadly serious. If Home Depot doesn't want to sell you because you don't provide your phone number, I'm sure plenty of other people would be happy to sell you what you're looking for.

          However you bring up another good point. For must need services where they have more leverage (e.g. your credit cards example)....what choice do we have?

        I think there are still many ways this could be managed in the unlikely scenario free markets don't provide this service. For example....there is a type of automobile insurance called facility. This is a pool for high risk drivers to defuse the financial risks to any one insurance company (since insurance is a legal requirement). If by some companies failed to provide adequate privacy controls in key areas like banking and real estate (because they felt the costs were too great)--- then the government could legislate a facility service that provides the necesssary functionality (while still being administered by private companies for profit)

      The biggest hurdle is not creating real protections to privacy--- it's getting government and corporations to freely give up lobsided power they already possess. Sad to say I don't think this is likely soon since people seem to be very shortsighted. More likely what will happen is all this information hording and romancing of the alleged good 'ol days of laissez faire-like capitalism will slowly put a noose around the middle classes neck over the next few decades.

      Personally I think the privacy issue is far bigger than any terrorist issue. The west survived a fully nuclear armed (50 Megaton nukes) Soviet Union without the patriot act. I think we can manage against a ragtag bunch of nutjobs without striping our freedoms away.

            Pain teaches empathy. Sad to say but history seems to show greed and indifference is normal for most humans that are too well fed. I'm spiritual but not really in an organized religion sort of way. However I recognize religion does offer many valuable insights in moral interactions. I listen to some objectivists (the really far end of the right wing) and I'd swear they've learned nothing from the last 2000-3000 years of documented human behavior. People won't just sit back and be made pawns because someone feels the need to horde power and wealth. The harder the powerful clench their fists the more will squeeze through their fingers. Iraq is proof.

          Do we need to be equals? Hell no. But the need for a basic level of dignity is part of every persons nature as much as the need to eat. If our privacy is completely ripped from us... it follows government and mega-corporations will use this power to their advantage (and the average persons detriment). It reverts us into animals to be managed by the elite-- not humans. I'm a pacifist myself but someday I think there will be serious consequences to the gene pool because of what's happening today. It's happened before. Maybe next time humanity can clean the rest of them one last time so we can finally go about our day without worring about some feudal lord trying to dominate everyone----- yet again.

                ~ for the secret police.... the NSA archives

  174. A quibble... by porkchop_d_clown · · Score: 1

    There is still disagreement over whether or not the War Powers Act is constitutional; it's never been tested, and Congress has made matters worse by never actually declaring war on anyone since WWII.

  175. I know what impeachment is by flyinwhitey · · Score: 1

    "Impeachment is just bringing up charges, it does not imply guilt. It's like a trial."

    I know, what made you think I didn't? I simply suggested that the law handle it, what gave you the idea that I was ignorant of the definiton of impeachment?

    "So, if we want to legally determine whether POTUS is guilty, we've got to impeach him."

    Tell that to the posters who have already decided that the wiretaps were "illegal". That was my point. There has been no decision of legality, yet you can find at least a dozen posts (easily) that use the phrase "illegal wiretaps".

    I think you need to re-read my post, you seem to have completely missed the point.

    --
    How pathetic are you that you follow me from topic to topic and waste all your mod points at once modding me down?
    1. Re:I know what impeachment is by Red+Flayer · · Score: 1

      I understood your point -- that people have jumped to conclusions in re: legality of the wiretaps. The reason it seemed pretty clear that you misunderstood what impeachment is:

      "I'm in favor of whatever the law deems appropriate. If that's impeachment, then fine, I don't want a criminal for a President."

      Your dependent clause is that you don't want a criminal for a President. You're equating impeachment with criminality, which are not nearly the same thing.

      If there is a serious question of legality, then I think impeachment is necessary -- whether or not the POTUS is a criminal.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  176. ok.... by tacokill · · Score: 1

    Another good post. Thanks for your reply.

    Now...onto the comment. The problem I have is that we are NOT at war. While you can say it and imply it as much as you want, we are neither technically nor legally at war. Congress must declare war. And while you may have a good point about sidestepping things during wartime (I agree) -- we, simply, aren't in that mode at this point. Others will surely disagree and to them I only say this: if it's so obvious that we are at war, then why hasn't Congress declared?

    If congress had, instead, declared war (officially) then I can assure you, we wouldn't be having this discussion. But they didn't. So now, we must all play by the rules. And those rules require going in front of the FISA w/ probable cause in order to spy on Americans.

    I just don't see a scenario that give anyone the right to sidestep the process. I've thought about it and thought about it and I just don't see it. If we are at war, I can see why we would need to sidestep it. If we aren't at war, then there is no reason to sidestep. It seems fairly cut and dry.

    And as far as the media comment, I don't really care. What really matters is that it DID / Did NOT happen. And from what everyone says, this most definitely happened. Does it really matter how or when we found out?

    1. Re:ok.... by ScentCone · · Score: 1

      The problem I have is that we are NOT at war. While you can say it and imply it as much as you want, we are neither technically nor legally at war.

      That's what makes this difficult. We are very much involved in the sort of DoD work that amounts to war... but the entity(ies) we're dealing with are not the sort (an indentifiably hostile foreign government, uniformed soldiers, etc) that the war powers act takes into consideration. Hell, even though the Taliban was effectively running parts of Afghanistan, they weren't recoginized as a government, per se.

      So, we've got the intense need to watch out for (and react to) attacks here and abroad, we have communications to monitor and act upon, we have emergency preparedness and logistics to hash out and pay for... but we don't have an enemy sitting in a capital city that we can point to and say, "we declare war on X because of their overt acts or support of such" (a la Japan following Pearl Harbor).

      I don't envy any administration trying to protect the country using the legislative instruments of "classical" wars in the face of hostility from loosely-organized non-national franchise operations. To the extent that the administration's critics trot out the "we didn't declare war" argument, they're either being disengenuous or ignorant of the basic facts. Pretending that there's no threat or consequence just because Al Queda doesn't hang its hat in one particular country suitable for a war declaration misses the point (though a glance at the New York skyline should be a reminder that we don't have to have an enemy "country" to suffer a grievous attack). To the extent that they're being disengenuous, each of those complaints just rings more and more hollow - except to the ignorant audience at whom those comments are really aimed (specifically, the uninformed that none the less vote, or the uninformed that have a celebrity pulpit from which to regurgitate the rhetoric).

      Neither this administration or the next will ever be able to ask Congress formally declare war on a non-nation. It's not for lack of willingness - it's that the act wouldn't have any meaning (or target). Hence the very awkwardly named "war on terror." What the hell else do we call it? The best that can happen is continued Congressional authorization to act against those that are acting and plan to act against us. We already had that conversation, immediately after 9/11, and the resulting authority has been put to work in a lot of ways - some more effective than others. This NSA business is one of them. We'll have to keep revisiting, as a society, how to define who we're up against until it's plain that there aren't well funded organizations having their "death to America" videos aired on Al Jazeera as if they were real diplomatic press conferences of some sort. You can't really say "war against militant jihaddi wack jobs" because that smacks of an at-the-fringes culture war... something we can't acknowledge, real though it is.

      So, oddly, the current administration's political opponents have a vested interest in not helping to craft a new framework in which to face these sorts of threats/conflicts... because by being able to say that the administration is "violating" the current framework, they get to score craven political points. Meanwhile, whoever has the executive job has to actually, really do what they can to actually really prevent coordinated, ugly events like 9/11... or get pillaried for not doing enough.

      --
      Don't disappoint your bird dog. Go to the range.
  177. Re:Uh, yeah. "Spying on Americans" by hab136 · · Score: 1

    "Actually, I'm not overlooking it...I'm counting on all that to be worked out."

    That was the only relevant part of your response to the discussion of warrantless searches, which I'm still trying to understand. You agree that warrants should be required? Or does "worked out" mean that some legal explanation for warrantless searches will be found and accepted?

    The rest was us vs. them style ranting. Both Republicans and Democrats do it, and it's bad. However true your facts may be, the point that the other guys are worse does nothing to help America.

    BOTH SIDES HAVE BAD APPLES - instead of arguing that theirs are worse, how about we purge bad apples from both sides. How about we agree on what we can, and argue the merits and benefits on other things - instead of arguing the other side sucks.

    Please go watch John Stewart (from the Daily Show) and Carlson Tucker (from Crossfire):

    http://www.ifilm.com/ifilmdetail/2652831

  178. Re:And this has what to do with technology...? by Anonymous Coward · · Score: 0

    You're confusing criminal investigation/prosecution with wartime intelligence gathering (possibly intentionally, but it wouldn't be surprising either way, since the press has done its best to ignore the distinction). The Fourth Ammendment applies to police search and seizures for criminal prosecution. It does not apply to military and/or national security intelligence. Constitutionally, intelligence gathering does not require a warrant.

    If somebody were to be charged with a crime based on that intel, it would be a different story; the gathered evidence would almost certainly be inadmissable. But using that intel to stop a potential terrorist attack would be entirely legal, and in fact it's already been done in at least one case that we know about (a 2002 attack on the Brooklyn Bridge). Intelligence gathering is not illegal, despite the full-on media assault to the contrary.

    Every administration since the enacting of FISA, including Carter and Clinton, has held that it had the right to collect intelligence in the same manner as the current administration, and there's no reason to think that all of them didn't do so--except that the New York Times wasn't interested in embarrasing Carter or Clinton.

  179. thank you russell tice by Anonymous Coward · · Score: 0

    you are my hero

  180. representatives, not leaders by willCode4Beer.com · · Score: 1

    Um, lets remember that in the good 'ol USA, we elect representatives, NOT leaders.
    We elect people to represent us, NOT to lead us. We elect a president to lead the armed forces. We do NOT elect a president to lead the populace.

    Maybe the reason these guys obtain so much power is because they have convinced so many that they are leaders.

    "we hold our leaders to greater standards than we hold ourselves". To rephrase, we hold our REPRESENTATIVES to greater standards than we hold ourselves. When I received my DD-214, the president stopped being MY leader.

    --
    ----- If communism is a system where the government owns business, what do you call a system where business owns govern
    1. Re:representatives, not leaders by Red+Flayer · · Score: 1

      I'm not sure there's a distinction in practice as much in theory for leaders vs. representatives.

      Those who are elected to represent will be those that are already leaders. This has been true since the inception of the US.

      Even in theory, the idea is that those elected to represent are those who can best convey the electorate's concerns/ideals/etc, which means that they are leaders of some form.

      Also, I'm not sure if you're equating leader with commander. We don't elect the POTUS to lead the armed forces, we elect him/her to Command the forces, which is very different.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    2. Re:representatives, not leaders by willCode4Beer.com · · Score: 1

      "I'm not sure there's a distinction in practice as much in theory for leaders vs. representatives"

      YOU are in charge of your REPRESENTATIVES.
      Your LEADER in in charge of YOU.

      I'd say the distinction is huge. A representative should represent. A leader does not have to take into account the concerns/opions of those he/she leads.

      "Those who are elected to represent will be those that are already leaders"
      Really? Who/What did Kerry/Dole/Clinton/Martinez/etc.. lead before becoming senator? Ans. nothing

      "Even in theory, the idea is that those elected to represent are those who can best convey the electorate's concerns/ideals/etc, which means that they are leaders of some form."
      No, to "convey the electorate's concerns/ideals/etc" is to represent the electorate, not lead them.

      For the armed forces, the president's power is limited as well. From Article 2, Section 2 of the US Constitution:
      "The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States"

      Besides the declative differences in these terms, there is a psychological one.
      People are much more accepting of a "leader" who does things they disagree with than a representative who does.
      A lame analogy:
      If you give proxy votes for your shares of stock and a board member does something you disagree with, you will punish them.
      If your boss does something you disagree with, you'll probably do very little.

      --
      ----- If communism is a system where the government owns business, what do you call a system where business owns govern
    3. Re:representatives, not leaders by Red+Flayer · · Score: 1

      Did you read the entirety of my post? You know, the whole part about the difference between leader and commander of the armed forces?

      "YOU are in charge of your REPRESENTATIVES.
      Your LEADER in in charge of YOU.


      No, a LEADER is not in charge. A leader leads. Please show me a normal definition of leader where it includes the right of command. A leader may also command, but that is extraneous to them being a leader.

      I'll give you a lame analogy to compare:

      A captain of a sports team is a leader of the players. But, that captain does not typically in charge of the other players.

      A leader is often responsible to the people s/he leads, particularly when the leader is leader only by consensus.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    4. Re:representatives, not leaders by willCode4Beer.com · · Score: 1

      "Please show me a normal definition of leader where it includes the right of command."

      ok

      http://dictionary.reference.com/search?q=leader

      2. One who is in charge or in command of others.

      --
      ----- If communism is a system where the government owns business, what do you call a system where business owns govern
    5. Re:representatives, not leaders by Red+Flayer · · Score: 1

      Thanks :)

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  181. every comment by globaljustin · · Score: 1

    you are a fucking idiot and it is now my personal goal to expose your lack of depth and understanding every time you post anything on here...

    if you're thinking 'bring it on' then good, b/c I am...

    also, consider this an invitation for you to do the same to me...b/c i know you don't have anything to bring, except stupid bumper-sticker and t-shirt level logic...

    btw, I hate Bush as much as you do, you're just a fucking idiot in the way you express it. You don't know the details, you're inarticulate, and worst of all you get up-modded for it on here...

    --
    Thank you Dave Raggett
    1. Re:every comment by Anonymous Coward · · Score: 0

      "it is now my personal goal to expose your lack of depth and understanding every time you post anything on here..."

      you're only one person. all the anonymous readers who see this post of yours and realize just how self-absorbed you are should have fun with your future posts, jackass.

  182. dereliction? by willCode4Beer.com · · Score: 1

    "Not using every means to track that stuff would be a dereliction"

    Why is it not dereliction to arrest these individuals when you know who they are? If we know who they are, why are we tapping their phones instead of picking them up?

    --
    ----- If communism is a system where the government owns business, what do you call a system where business owns govern
  183. Re:Replacing O'Connor will be tough... by FungiFromYuggoth · · Score: 1

    Would you care to explain precisely how this NYT report caused the loss of actionable intelligence?

    Are you seriously suggesting that terrorist groups didn't know that the US used wiretaps?

    The concern is not the wiretaps, but the lack of warrants. I really don't think Osama cares very much about whether the warrants are legal and illegal, and it's not like the NSA's existence was a secret.

  184. I AM their target! by scoobrs · · Score: 4, Insightful
    Like this story says, the NSA has released documents to federal court admitting to spying on domestic peace groups. Since I've walked in peace rallies, I know I am their target, not simply jihad-bent "terrorists." The argument, "I am not their target, so it doesn't matter" is reprehensible and silly anyway. This sort of rationalization allowed the persecution of the Jews and many others in Nazi Germany. If the slippery slope gets any worse, dove Republicans will be called terrorists, too. They've already labeled peace groups as such.

    Never forget that the first action that allowed Hitler to take dictatorial powers "above the law" was the Reichstag fire of February 27, 1933 that was blamed on Communist terrorists, but perpetrated by the Nazi party. History has a way of repeating itself.

    The Reichstag Fire Decree read: "Articles 114, 115, 117, 118, 123, 124 and 153 of the Constitution of the German Empire are suspended until further notice. It is therefore permissible to restrict the rights of personal freedom [ habeas corpus ], freedom of opinion, including the freedom of the press, the freedom to organize and assemble, the privacy of postal, telegraphic and telephonic communications, and warrants for house searches, orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed." Sound familiar?

    --
    -Those who would give up essential liberty to purchase temporary safety deserve neither. -Ben Franklin
    1. Re:I AM their target! by Derling+Whirvish · · Score: 1
      Like this story says [rawstory.com], the NSA has released documents to federal court admitting to spying on domestic peace groups. Since I've walked in peace rallies, I know I am their target

      Don't conflate two very different things. Being the target of the NSA's electronic intelligence appratus and being observed by NSA Security Guards while on NSA property during a protest is not the same thing. Being observed by NSA Security Guards while on NSA property during a protest is hardly "being spied on by NSA."

  185. Restricted by executive order by ronmon · · Score: 2, Informative

    It has been an awfully long time, but I was a "radio communications analyst" back in the late 70's and early 80's. Though I wore an Air Force uniform and collected my paycheck from them, everybody in my units were tasked by, and reported directly to, NSA. My first 3+ years were spent doing real-time work in the far east and the last 6 months at Fort Meade at NSA HQ. I can assure you that all of us were aware of the fact that intercepting communications involving any "United States Persons" were strictly forbidden. If we did so inadvertently, we were required to destroy all such records and file a report detailing the circumstances, though not the content.

    This was all codified in an "executive order" which was, ironically, signed by Richard Nixon. My best googling efforts have come up dry, but I'll bet someone here can find it. The definition of "United States persons" is easier to find and essentially means: a U.S. citizen located anywhere or anyone who is currently located in the U.S., regardless of citizenship. Our reporting requirements were strictly defined by exacting criteria and little was left to chance or personal judgement.

    The whistle blower sounds like the real deal to me.

  186. Re:And this has what to do with technology...? by Anonymous Coward · · Score: 0

    If a police officer stops your car and searches it without probable cause, does not having probable cause somehow prevent him from searching it? No. It prevents a court (who must make that determination) from convicting you of something that was found by the illegal search.

    Now on to wiretaps. NSA listens to foreign calls all the time. When one end of those calls is in America it has a problem. There is FISA to handle that, but it wasn't used in these cases for whatever reason (the reason doesn't matter).

    You are protected from an illegal search by the Constitution, but the search itself isn't prevented, it just protects you from any convictions. If the NSA finds out that you are selling drugs and refers that to the police, then I'd say you have a pretty good defense on the grounds of illegal search. Just like the example where the police illegally searched your car.

    If someone is prosecuted for a domestic crime on the basis of one of these intercepts, then you have something to get worked up about. If someone is caught plotting terror attacks by one of these intercepts, that falls under the Executive branch's foreign intellegence/war powers, and it is fair game.

    Your rights are just fine. Clinton argued that he could physically search Americans' homes for the purpose of foreign intellegence without a warrant. He also performed those searches. This is the exact same thing, only less intrusive!

  187. Whats the BFD people? by jmorris42 · · Score: 1

    > We live in a world where Gitmo is not only tolerated,

    Gitmo is more than tolerated by the sane people because we understand the difference between moonbat delusion and reality. For instance, we begin with the basic questions:

    1. Are terrorists covered by the Geneva Conventions?

    Answer: No. They are not uniformed soldiers serving under the flag of a signatory nation state of the Geneva Convention and are thus not entitled to any of it's protections. The fact we nevertheless treat our prisoners according to humane standards is a reflection of our Western Civilivation's values. Compare and contrast to their treatment of our captured soldiers/civilians/hostages/etc.

    2. Should terrorists be covered by the Geneva Conventions?

    Answer: No. Unless they at least make a minimal effort to act like a regular army with ranks, uniforms, etc. AND announce a policy to reciprocate with humane treatment for our POWs Otherwise it would make a mockery of the Geneva Conventions. They were a fairly successful attempt at defining some rules of warfare to minimize the horrors of war, and make surrender an option that was actually preferrable to death in an unwinnable situation. But the essential part of the Geneva Convention is that it was a mutual bargain, i.e. we all agreed that we would treat soldiers taken in battle humanely. However we also agreed that soldiers taken OUT of uniform, i.e. irregulars, spies, insurgents and such were OUTSIDE the scope of the Treaty.

    If it was perfectly OK (from a legal p.o.v.) for the Germans to execute the French Resistance without mercy, explain why Al Queda deserves better treatement. I double dog dare you. During the initial invasion of Afganistan the Taliban was the defacto government, so if there were any uniformed Taliban soldiers, they should probably get POW status. But please, anyone, explain the legal or moral argument for these idiots blowing up stuff in Iraq getting anything more than a fast and nasty interrogation followed by a bullet in the brain.

    3. Given the above, what DO we do with captured warriors from the legions of death?

    Answer: The US legal system is currently insane. Executing them would be both legal and moral but a loss politically (our moonbats would raise the roof) so we keep em in US custody but off US soil until we can figure out a better solution. Hence Gitmo.

    4. Given that we are at War with Al Qaeda(sp?) by both their declaration and as close to a real declaration of War as our modern Congress is ever likely to grant, ours; what should be the extent of our efforts to root out and destroy our sworn enemies?

    Answer: Pretty much whatever it takes, so long as it isn't a permanent change. Which is why I support any extension of the Patriot Act so long as it isn't made permanent. The way to win a war, and win it with a minimal casualty count, is to get serious and play for keeps. Compare and contrast to WWII. Ok, in hindsight it was overkill to intern the Japanese Americans. But it shows the extent we were willing to go then. So far todays "Hate Bush" is about our spooks capturing phone lists and laptop computers and then tapping every phone number that turned up an fanning out from there even if one of those numbers called into the US or the circuit routed through the US. Big fat hairy deal.

    This leak needs to end one of two ways. Either this asshat has some real dirt, of such that unambigious nature that Bush should be impeached or he needs to be tried, convicted and executed for treason. Any middle ground sends a bad message that we aren't serious about protecting sensitive national security assets.

    --
    Democrat delenda est
    1. Re:Whats the BFD people? by Aardpig · · Score: 1

      You missed one:

      5. Is torture OK?

      Sure, talk to Abu Gonzales, Donald Rumsfeld or even George himself. Torture them all you want, it won't have any effect on the US's moral standing in the world, nor on how our own POWs are treated in the future by enemy powers.

      --
      Tubal-Cain smokes the white owl.
    2. Re:Whats the BFD people? by jmorris42 · · Score: 1

      > 5. Is torture OK?

      Answer: Sometimes. Since, as explained at length in the original post, irregulars aren't entitled to protection under any Treaty I am aware of, and the Constituition's prohibition against "cruel and unusual punishment" only applies to US Citizens or guests legally invited into US controlled territory I see no legal obstruction to it's use. Morally it is dangerous so the benefits gained from it's use must vastly outweigh the loss of political high ground. This isn't just a sop to the moonbats either, if it were just their carping I'd say screw em and get on with it. Wars are almost never won as a straight up military victory, they are also equal parts political and psychological and the closer we can adhere to the moral high ground the better.

      > nor on how our own POWs are treated in the future by enemy powers.

      This was covered in my original post, guess you couldn't be bothered to actually read it all. We don't abuse POWs, period. If our word isn't good on a Treaty we are toast. But since they ain't POWs and their side already has a hankering to behead captured Americans I see no downside to treating captured Al Qaeda terrorists in any way that advances our purposes. Big difference. The Germans made a real effort to treat our POWs humanely, even towards the end when things were rough for em. Because they understood they would be held to account, personally, when the war was over, they cared even MORE as they were losing. See our harsh treatment of Japenese officers responsible for mistreatment of American POWs. If we had such recourse against Al Qaeda things would be different.

      That is if we think we gain more politically keeping them alive than we would militarially from executing them promptly as a warning to their fellows then keep em alive. But if those in charge decide disembowling them and leaving the carcass in a shallow grave with pig entrails (no paradise, no virgins, go straight to Hell) will hasten the end of the war and save more of our soldiers in the long run than all I have to ask is "Want me to hold em down while ya get busy with that rusty knife?"

      --
      Democrat delenda est
    3. Re:Whats the BFD people? by Aardpig · · Score: 1

      So the opening bits of the Declaration of Independence, and all that, is just really wishful thinking. Some people are born US citizens, and others are just there for us to torture? Jesus, you really are a revolting piece of shit, aren't you? You wouldn't be out of place as a camp guard at Auschwitz -- you find it so easy to dehumanize those who don't fit into your 'truly human' categories.

      --
      Tubal-Cain smokes the white owl.
    4. Re:Whats the BFD people? by Anonymous Coward · · Score: 0

      So you're fine with the treatment the French Restistance met at the hands of the Nazis? No uniforms so terrorists by definition, right? Legalistic bullshit like yours will sink us. By your accounting anyone who's army is defeated by a foreign power yet continues to fight for the independence of their nation is a terrorist and open to any treatment the occupying nation sees fit.

    5. Re:Whats the BFD people? by jmorris42 · · Score: 1

      > So the opening bits of the Declaration of Independence, and all that, is just really
      > wishful thinking.

      Not at all. The centerpiece of our war effort is to bring the blessings of liberty to the oppressed peoples of the Middle East. But that is totally different from fighting a war by Queensbury rules. In a War people die, this is reality. I vastly prefer it be them doing the dying but better still we end this thing with all due haste so nobody else has to die.

      > Some people are born US citizens, and others are just there for us to torture?

      No, some people declare War upon us and THEN we make total war upon them until they unconditionally surrender. War means War, not law enforcement, not UN peacekeeping. In War you kill your enemies, break their things and generally make life so intolerable they prefer to make peace. Sorry if this is too much reality for you.

      It doesn't mean we rape and pillage France, even if they are assholes. Assholes are not, they are generally civilized people and we don't make war on each other, we wank off in the UN and everybody lives another day. Al Qaeda is a different thing, they declared War and we have finally accepted it. That means until one of us surrenders we fight. Kinda different War since they don't have a firmly defined 'side' but we learn new ways to cope.

      > You wouldn't be out of place as a camp guard at Auschwitz -- you find it so easy to
      > dehumanize those who don't fit into your 'truly human' categories.

      No, I simply have more sympathy for the poor bastards in Iraq being killed for the crime of trying to bring law and order to their troubled nation than I do for the fucktard straping five pounds of plastic to some idiot kid and sending him into a police station.

      --
      Democrat delenda est
    6. Re:Whats the BFD people? by jesup · · Score: 1
      The centerpiece of our war effort is to bring the blessings of liberty to the oppressed peoples of the Middle East.
      Really.... I thought it was to stop them from using weapons of mass destruction on us... no, wait, that was all a lie. It was to unseat Saddam Hussein and let the Iraqi people throw flowers at us... no, wait, they don't like us. It was to bring the blessings of a modern pluralistic western society to ... no, wait, they had a (relatively) modern secular society and are now moving to a purely religious society combined with a likely eventual civil war or religious oppression (would you want to be an Iraqi christian now, with the laws now based on the Koran, and religious parties in charge?)
    7. Re:Whats the BFD people? by jmorris42 · · Score: 1

      > So you're fine with the treatment the French Restistance met at the hands of the Nazis?

      I'm stating as a matter of Historical Fact that the Allies and the French themselves considered it a fact of War. By no means take that as French bashing or pro Germany, it simply was not, and is not today, considered a War Crime or treaty violation to execute spies and sabateurs captured 'behind the lines.' Of course I think the Resistance was on the 'right' side, but that isn't the point. They understood the extra sacrifice being asked of them and they did it anyway. More the Glory to their memory.

      > By your accounting anyone who's army is defeated by a foreign power yet continues to
      > fight for the independence of their nation is a terrorist and open to any treatment the
      > occupying nation sees fit.

      Within limits, yes. Remember the Geneva Conventions are fairly narrow in scope and are basically a 'gentleman's agreement' between essentially equals. Of course they would have a somewhat better claim if they were an insurgent army in the field engaging soldiers instead of mostly being sneaky bastards blowing up women and children in schools and marketplaces.

      The established Rules of War only make sense between opposing armies of division strength or better defending and attacking from preestablished territory. Al Qaeda has the moral right to resort to the sword to settle their dispute with Western Civilivation and America in particular, but so do we. War, in its essence is a brutal no holds barred affair and since this sort of War has yet to evolve rules we would be idiots to play by rules established for a totally different circumstance. So yes, we kill them on the beaches, we kill them on the fields, we kill them in their cities, we kill them in our cities before they go foom!, we kill them in their caves and we go right on killing them until they surrender or we are defeated. (We are of course not going to lose on the front lines but our traitors here at home may lose it in Congress like they did for the Viet Cong. They care not who wins, they care only that we lose.)

      --
      Democrat delenda est
    8. Re:Whats the BFD people? by ObsessiveMathsFreak · · Score: 1
      > 5. Is torture OK?



      Answer: Sometimes.

      You are now, as the phrase goes, morally bankrupt.

      I don't think you have a real understanding of what torture actually is. We're not talking about fraternity prank style harassment here. Torture is something fundamentally much much deeper than that. For any Government to engage in it corrodes the very foundations of its mandate to govern. Guantanamo is much more serious an incident than you seem to think.
      --
      May the Maths Be with you!
    9. Re:Whats the BFD people? by jmorris42 · · Score: 1

      > > > 5. Is torture OK?

      > > Answer: Sometimes.

      > You are now, as the phrase goes, morally bankrupt.

      Believe what you like child, but we adults have to live in a world with shades of grey. In my first post on the subject I stated that torture, under some conditions, was legal but always a moral problem. Doesn't mean I wouldn't personally use it if the conditions warranted and I'd bet your morally superior ass would too.

      The classic case is the ticking bomb problem. You tell me Mr. Morally Superior, how you would handle the ticking bomb problem in a worst case scenario. The scene: You have just entered the lair of a terrorist. You are in downtown Los Angeles (lets give the Big Apple a break today) and before you are two important things. One is a very large device with radation symbols all over it and a large cliche LED display counting down from 9:57. The other is a terrorist just rising from the controls cackling gleefully. You have a gun. After spending two minutes talking you have learned some things (he is happy to gloat):

      1. The bomb is very tamper resistant, you get exactly one try to disarm it or it goes FOOM!

      2. He knows the disarm code but is awaiting his ascention to Heaven, so has no plan to talk.

      Do you still leave torture off the table? Not saying it would work in this case, actually fairly crappy odds. Which is intentional to make the moral choice even more murky.

      > I don't think you have a real understanding of what torture actually is.

      I know exactly what torture is. I also know there are things still worse. To truly combat evil you must first understand evil and manage not to become evil in the process. There exists evil so dark many men tremble and avert their gaze before it; deny it's existance rather than acknowledge that men can do such things; that men can BE such things. You are one who refuses to believe in the existance of transcendent evil so you can't believe Al Qaeda can possess that quality. So it makes sense that you believe them a mere criminal gang who have rights.

      But that is not strength, it is cowardly. Gaze into the darkness, know it and then redouble your strength against it. And when you finally look straight into the heart of the darkness that lies in men you will see the long and sorry line of the champions of darkness, starting with the current standard bearer, UBL. Right behind him are the butchers of the 20th Century; Hitler, Stalin, Lenin, Mao, Pol Pot, Castro, Arafat, etc. They transcend normal words like "evil", "wicked", etc. I really don't care how they are taken out.

      Put one of those monsters in the Scales of Justice and ask yourself; would it be OK to torture UBL's PGP keyring password from him and thereby round up most of Al Qaeda? I say yes. Personally I'd agnostic, but if I knew for a fact torturing Bin Laden's keyring from him would damn me to Hell this libertarian would still do it, reckoning it a fair trade; one life for many.

      --
      Democrat delenda est
    10. Re:Whats the BFD people? by Kagura · · Score: 1

      While the un-uniformed insurgents that fight in Iraq and Afghanistan certainly shouldn't be given EPW status in my opinion, aren't all captured EPWs entitled to an Article V tribunal to determine their status? I understand that the times are now very different than they were when the Geneva Convention was signed, but is there any legal basis by which captured enemies can be directly stripped of EPW status?

    11. Re:Whats the BFD people? by ObsessiveMathsFreak · · Score: 1

      Do you still leave torture off the table? Not saying it would work in this case, actually fairly crappy odds. Which is intentional to make the moral choice even more murky.

      Are you prepared to face the consequences? If I told you, that even if you succeeded in saving everyone you would have to spend the rest of your life in jail; would you be so quick to begin?

      Your example is extreme, but my example of the consequences you should face is not. If the threat is only vague, if the person is not even likely to know anything, or even if there is no clear reason for it at all. If when you torured anyone, for any reason, you had to spend life in jail; would you be so quick to accept Guantanamo?

      Put one of those monsters in the Scales of Justice and ask yourself; would it be OK to torture UBL's PGP keyring password from him and thereby round up most of Al Qaeda? I say yes. Personally I'd agnostic, but if I knew for a fact torturing Bin Laden's keyring from him would damn me to Hell this libertarian would still do it, reckoning it a fair trade; one life for many.

      The end justifies the means? A shakey argument if every there was one. Is it worth burning the very foundation of your society just to go after Al Qaeda? Is the organisation really that much of a threat? Which is the bigger threat to your country. The terrorists, or th emethods you advocate to stop them.

      By torturing, you have become evil. You've resorted to the tactics of every other opressive regime out there, and

      --
      May the Maths Be with you!
    12. Re:Whats the BFD people? by swillden · · Score: 1

      The way to win a war, and win it with a minimal casualty count, is to get serious and play for keeps.

      I agree that that's the way to win a war, but there are two issues I think you fail to consider.

      The first is the question of whether or not this is a war we can "win" by "getting serious and playing for keeps". Doing whatever is required is good tactics, but I think it's far from clear in this case that it's also good strategy. The reason it's problematic is simple: Taking the gloves off fans the flames of the anger which is at the root of the problem.

      In large part, the US approach of doing whatever was necessary during the Cold War actually created the hatred that is causing us trouble now. Note that I'm not saying the terrorists are justified, because there can be no justification, but I'm definitely afraid that taking a hardline approach now will create new terrorists faster than we can capture and kill the current ones. Any sensible approach to the terrorism policy must balance the actions we take to root out current terrorists and thwart their plans against the potential effect those actions may have in inflaming even more hatred.

      The second question is the effect that "getting serious" has on *us*. Whatever the rest of the world may presently think, Americans have always thought of ourselves as the Good Guys. We have always been, to a large degree, a nation of idealists. I think our national idealism is a good thing. It's a tremendously important part of who we are, and it's one of the *best* parts of who we are. We don't want to get too accustomed to throwing out our high ideals about the inalienable rights of humanity whenever they are inconvenient.

      There's an idea that underlies both of those points that I should call out explicitly: The terrorists cannot defeat us. It's a point that should be blindingly obvious to everyone, but isn't much noticed or discussed, primarly because the 9/11 terrorists were so successful at terrorizing us.

      The terrorists choose the tactics they do because those are the only options they have. They are too weak, too poor, too powerless to actually go to war with us. And when I say "war" I mean "war", real war. So, they skulk, they hide and they blow up innocents. That's a terrible thing, but, ultimately we have to remember that the reason they do what they do is because they are powerless to truly hurt us. They can hurt individuals, but they have no power to attack even a weak nation-state, much less the sole remaining superpower. They're like a small child hitting an adult man with a willow switch. The switch stings but it does no lasting damage.

      I'm not trying to suggest that we should ignore the stings, by any means. The point is that because the terrorists, like the child, can do no lasting harm (unless, that is, they succeed in provoking us into harming ourselves), we have a *choice* in how we respond. We can weigh the ethical, moral and international relations costs of taking a down 'n dirty approach and doing whatever is required to stop the current crop of terrorists. We can choose to take the high road, preferring to defuse the situation with time and rational, evenhanded response. The cost may be a few more attacks in the short term, but may well mean fewer American lives lost in the longer term. I'm not suggesting appeasement, or anything like that, just that we can succeed in our war on terror much more quickly and effectively by refusing to play the part of the Great Satan.

      Actually, IMO, Gitmo is one case where we *are* refusing to play the role the terrorists have cast for us. It would be better for their cause if we were to shoot all of those captives in the head, creating martyrs. It would be better if they could claim that we're abusing the captives (Abu Ghraib was a big help to the terrorists). The best thing we could do would be to make sure the whole world saw us treating the prisoners with humanity and respect while charging and trying them for their cri

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    13. Re:Whats the BFD people? by jmorris42 · · Score: 1

      > The reason it's problematic is simple: Taking the gloves off fans the flames of the
      > anger which is at the root of the problem.

      A serious objection. And one to keep in mind even in light of the objection I will now raise.

      It depends what you assign as the 'root' cause of the conflict I suppose. I happen to believe UBL is correct in his basic assumption though, that Fundamentalist Islam is inherently incompatible with the basic tenents of modern Western Civilization in exactly the same way that 15th Century Catholic teaching would be. The difference is the Catholic Church, along with the rest of Christendom, could adapt as Western Civilization changed. Not only is Islam being forced to adapt much faster, there are fundamental differences in their religion's basic structure that makes it much less amendable to 'reinterpretation.' Where we differ is in which worldview is to be destroyed. If my more pessimistic interpretation holds we do the Middle East nor ourselves any kindness by dragging out what must happen overly long.

      > In large part, the US approach of doing whatever was necessary during the Cold War
      > actually created the hatred that is causing us trouble now.

      Well no, we did what was expedient and politically easy. Mostly because until Reagan a large portion of our establishement was rooting for the other team, leaving scant ground for us to take a strong morals based stand against the evil that was, is and shall always be Communinism/Socialism. This is what led to our morally questionable alliances with tyrants as bad as the ones we were opposing. But in the end it was mearely a Word that defeated the Evil Empire. The miracle was our electing someone with the courage to utter it.

      Similar moral clarity would do wonders for our current struggle, especially if we could speak it with a single unified voice. But too many of our tribe refuse to call anything evil in these unenlightened days, Al Qaeda is just a bunch of patriots to Cindy Sheehan's moonbats.

      > Any sensible approach to the terrorism policy must balance the actions we take to root
      > out current terrorists and thwart their plans against the potential effect those actions
      > may have in inflaming even more hatred.

      Agreed, War has a certain power of persuasion along with thinning the enemies ranks, but this is a War of Ideas for the most part.

      > The terrorists cannot defeat us.

      Yet. A couple of WMD attacks would almost certainly tip the political balance to the moonbats. And if you don't believe UBL understands this you haven't been paying attention. UBL knows he can no more win on the battlefield in a straight up brawl than the Viet Cong could. But if you will recall your history, the Viet Cong lost every single battle in Vietnam but by winning the battle in Washington won the War. Their flag still flies over what used to be called Siagon to this very day. UBL understands the implications of that cold hard fact. Cindy Sheehan and Howard Dean stand ready and willing to perform the function of Jane Fonda and Co. as a Fifth Column for UBL. All he wants is for us to pull out of the Middle East and allow his followers to re-establish the caliphate (and then force teh whole world to submit to the followers of the Prophet, but that is long term). The American Left appear ever more willing to make common cause with UBL if they get Bush's hide as their part of the deal. Time is not on our side.

      > Actually, IMO, Gitmo is one case where we *are* refusing to play the role the
      > terrorists have cast for us.

      Not according to our moonbats, in fact Gitmo was the 'war crime' accusation that launched me on this tirade in the first place today.

      > Abu Ghraib was a big help to the terrorists

      For sure. Purely stupid, everyone who knew of it and said nothing should be given a prompt dishonorable discharge if military or an indictment if civilian.

      > I wouldn't say the same about many provisions of the PATRIOT act,

      --
      Democrat delenda est
    14. Re:Whats the BFD people? by Anonymous Coward · · Score: 0

      Tolerated by sane but uninformed people perhaps.

      Not everybody in Gitmo was a terrorist, or even guilty of fighting against America. Some were simply picked up for being at the wrong place at the wrong time.

      "They are terrorists therefore have no rights" arguments just don't work unless you actually know they are terrorists.

  188. Troll? by OakDragon · · Score: 1

    All right, you sniveling little geeks, I'll show you Trolling. God forbid that /. users would ever read a diverging opinion.

  189. Re:A better suggestion by DavidTC · · Score: 1
    They have to accept it if you owe them money, unless they told you in advance.

    Nothing requires anyone to accept anything in exchange for anything, though.

    Normally, at gas stations, you pump first, so you owe them the money, so they'd have to take whatever legal tender you wanted to use (Unless they said otherwise in advance.), but his example rather read like that wasn't true, that he was paying in advance, at which point they can legally require payment in his own urine produced while reciting the alphabet backwards and standing on his head.

    --
    If corporations are people, aren't stockholders guilty of slavery?
  190. Paging the Black Hand... by FungiFromYuggoth · · Score: 2, Insightful
    More to the point...didja forget this is a war? Is it so easy to forget the scores of dead? I don't want this kinda thing going on in peacetime, but I *damned*sure* want it, now.
    If this is a war, what does victory look like? When dictionaries remove "terrorism" as word? When people stop behind scared? When no one tries to attack Americans or American interests?

    The War on (some) Terror is no more a "war" than the War on Poverty or the War on (some) Drugs.

    And if the paperwork allows on terrorist to go free, I want a sniper there on the tower.
    Better that hundreds of innocent people should be tortured than one guilty person go free, eh? Especially morons who want to take down the Brooklyn Bridge with a blowtorch.
    We're not dealing with nation-states and the Geneva Convention anymore- this is a very different threat. (As if anyone but us ever followed the Geneva Convention...)
    It never ceases to amaze me how many people repeat the insipid argument that the drafters of the Geneva Conventions could not have foreseen non-state threats. Does the "Black Hand" ring a bell? Any assassinated royalty leading to wars? Any monarchies falling to internal coups, linked perhaps to international conspiracies?

    Terrorism is not new, Europe has dealt with its modern incarnation for decades. Britain dealt with the IRA without invading Boston.

    In World War II, Germany did treat allied POWs better than eastern front POWs, because of a concern about how German POWs would be treated. The important issue that you're missing here, though, is that humane treatment of prisoners is morally correct.

  191. Nothing to fear... by Anonymous Coward · · Score: 0

    You forgot to mention the speeding ticket... Or - perhaps it [exceeding, or atempting to exceed, the speed-limit] is no longer just a civil infraction, and you get arrested, as part of the deal. Things are a bit backlogged, at the clink, and - since Habeas corpus has been deemed to be a crock of liberal whiner b.s., you just get thrown into a cell, somewhere in a sub-basement, and forgotten, for a while. Occasionally, your days are spiced up when one of the guards decides to practice officially sanctioned interrogation techniques on you - until you run out of fingers, &c....

    Nothing to fear... of course. When the current body of law, includes everything from extortion to spitting on the sidewalk; assult to wearing a distracting mustache; making "annoying" phone calls to "enticing an unmarried woman to commit lewed and lacivious acts" ("seduction" laws - 2yrs, in e.g. MI)... and the laws ain't gettin' fewer.

    Nothing to fear... of course. When the government insists that it has the right to "detain" individuals, indefinitely, without even having to charge them with a crime.

    Nothing to fear... of course. When the government insists that it has the right to "interrogate detainees" using methods which would, without the "spin" be referred to as "torturing prisoners"... Especially when there may not even be enough evidence to charge these "detainees" with a crime.

    When our society has legislated damn-near every possable behaivior, and citizen's lives are under constant survelience, no one is safe.

    When the government claims that it has the right to detain, and torture, and kill (e.g. Menezes, in london, Alpizar, more recently, in the US, &c.), anyone - without having to justify it's actions (and makes questioning, or talking about this a crime, as well, ala PATRIOT), and any criticism of governmental practices is deflected with FEAR/HATE mongering that would make Benito Mussolini blush (ok... maybe I'm stretching things a bit, there)...

    The only thing we have to fear is...

  192. Declaration of war by Brushen · · Score: 3, Informative
    The legality of the wiretaps entirely depends on this section of FISA. Because of that section, it entirely depends on whether or not Congress has issued a declaration of war.

    Because of that sentence in that section, it entirely depends on whether the authorization to use military force in Iraq constituted a declaration of war, and for 2001 to 2003, it entirely depends on whether, in the document's words, the "authorization to use military force against the persons or nations or organizations who were involved in the September 11 attacks and the people or nations that harbored them."

    The 2001 authorization, should it be interpeted as a declaration of war, would last until every person involved in the 9-11 attacks are captured, and Bin Laden, and maybe one or two others, are still out there, so soon enough it would be like we have "declared war," from Bush's lawyers' point of view, on one person, which has happened before, when we declared war on the leader of a Mexican revolution one or two centuries ago.

    No, rather than just the 19 that hi-jacked the planes, because it says organizations, we are after the entirety of Al-Qaeda, and that "declaration of war" will last until every member of that organization is either caught, killed, or dead. It will last until every nation that has harbored Al-Quaeda members has surrendered. It will last until every organization that harbored Al-Quaeda is defunct, their membered killed, or their members dead. It is the sheer broadness of this that leads me to believe that this is a war we cannot win.

    Furthermore, according to the Rules of Construction outlined in Title 1, Chapter 1, Section 1, "person" includes societies, organizations, companies, firms, and partnerships. A society is a group of people who share similar beliefs. Would you not say terrorists, are, then, a society? If Bush wanted to stretch this for all it's worth in the world, when he says we are in the middle of the War on Terrorism, does he really, honestly, believe we are really in the middle of a War on Terrorism?

    The media, or at least the visual media, has not mentioned this provision of FISA, but once, to my knowledge, in the entire time since this scandal came to light, when MSNBC quoted Bush's lawyers and Alberto Gonzales explaining that Bush has had the authority to do this because they interpret the authorization as a declaration of war. This took two paragraphs. The other times it has been dumbed down, in saying the president says he can do it because of an article of the Constitution invested in him the power of commander-in-chief, which doesn't tell anything at all. They're trying to dumb it down for you, but hopefully, since this is news for nerds, this post will make it up to the top.

    I sent a letter to my congressman, Jim Cooper, on this on the 22nd of December and received no reply. I expect you all to send letters to your congressmen and women, too. Here is the letter I sent, explaining the same as above, but with more references to statues, bills, and resolutions:

    Dear Mr. Cooper,

    When the Authorization for Use of Military Force, S.J. Resolution 23, was passed in September 2001, I was greatly disturbed by the phrasing of Section 2, Subsection a, because of its usage of the word "persons." Title 1 Section 1 of the United States legal code defines "person" to include "societies," which, although I think legally undefined, is defined by the American Heritage Dictionary as, in that context, "A group of humans broadly distinguished from other groups by mutual interests, participation in characteristic relationships, shared institutions, and a common culture," or "An organization or association of persons engaged in a common profession, activity, or interest."

    Under this notion, President Bush could be said to be able to continue this military authorization until all necessary and appropriate force has been taken against the society o

    1. Re:Declaration of war by Brushen · · Score: 1
      Furthermore, I say, there is a difference between an authorization of military force and a declaration of war. In the 1972, Nixon and company were wiretapping phones, too, but FISA was not around. The Supreme Court decided in United States v. United States District Court for the Eastern District of Michigan that people had the right to not have their reasonable expectation to a private phone call invaded without a warrant.

      They set up FISA for the reason of that case, so the government could obtain warrants. In 1972, we were at war, but legally, it was an "escelation," or a "military authorization of force," specified in the Gulf of Tonkin Resolution. It was the Vietnam War. If that provision of FISA applied to military authorizations, it would apply to the Vietnam War. If it applied to the Vietnam War, it would allow what the Supreme Court had actually ruled against!

  193. Article 1 Section 8 by willCode4Beer.com · · Score: 1

    Section 8 - Powers of Congress
    The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; ...
    To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; ...

    http://www.usconstitution.net/const.html

    --
    ----- If communism is a system where the government owns business, what do you call a system where business owns govern
  194. big picture, here by ScentCone · · Score: 1

    If we know who they are, why are we tapping their phones instead of picking them up?

    Because finding out who they're talking to, what the larger group is planning, and following the money/support trail back to the source is very, very valuable. You take out one foot soldier, you have not only not stopped that person's several buddies, you've tipped your hand as to how/when you found out about the cell or network of cells they're a part of, and probably driven them into deeper cover.

    If the people monitoring a particular bad guy have reason to think that person is about to directly act, they arrest them. Just like Spain after they lost all those people in the train bombs. The Spanish intel people knew who the bombers' associates were, and were watching them very closely... and you'll recall that when they had followed up all the leads they could, they moved in on all of them at once. They arrested some, but others blew themselves up in their apartment rather than be arrested. But if they arrested them one at a time as they uncovered them, they'd end up ultimately missing out on a lot of the rest of them.

    For what it's worth, by the way, you've actually identified exactly why it's important to have "black" facilities where they can stash someone like that... so that his associates don't hear through the grapevine that Ahmed is being held in lockup somewhere when they do have no choice but to arrest him. Most of them (the cells) are getting too smart for that now, though - they assume anyone not in touch has been apprehended, and then they have to regroup. But if, for a few days, say, they can work with what that person knows before his team is aware he's been picked up, the whole team may go down. The problem (back to your original question) is that sometimes it takes longer to run down all of that person's communications, contacts, financial records, travel, etc... and before the analysts have learned the big picture, his cell is aware he's busted. So, they let them move around and talk (the more the better), and work on getting the bigger picture. It's exactly the same way they deal with organized crime, pedophile rings, etc... except, in this case, some of the contacts are making calls from Pakistan or Indonesia, etc., and the NSA is in the perfect position to connect the dots.

    --
    Don't disappoint your bird dog. Go to the range.
  195. Re:There Was Nothing stopping Bush doing this lega by Guysmiley777 · · Score: 1

    That's brilliant! Now... to figure out how to say "Grant all control of the country to me forever" with the acronym of "GODBLESSAMERICA". The paper the bill will be written on will have to also have a waving U.S. flag. And maybe a bald eagle. Or a bald eagle CARRYING a waving flag. And the Statue of Liberty in there somewhere too.

    --
    Coding with assembly is like playing with Legos. Coding an application in assembly is like building a car with Legos.
  196. Re:Uh, yeah. "Spying on Americans" by Anonymous Coward · · Score: 0

    It can't be worked out because warrants can't be issued without probable cause and naming a specific person or place.

    Think about it:

    Probable cause: None
    Person or place: All communications between everybody

    Fourth Amendment style warrants are incompatible with mass surveillance and data mining programs. There aren't enough secret courts or hours in the day to issue millions of warrants, not to mention the lack of probable cause for those warrants. This isn't a problem Congress can remedy without repealing the Fourth Amendment.

    The president swears an oath to preserve, protect, and defend the Consitution, which is the supreme law of the land. It contains no provision for suspension of the Fourth Amendment during wartime, however wartime is defined. The president is commander-in-chief of the military, not of the United States. Just authority can only be derived from the Consititution.

    IMO, this should all be obvious to any American. Partisanship is such a powerful distraction that people forget more fundamental principles. Defending a police state as necessary to protect liberty seems the most pernicious exercise of doublethink.

  197. sounds familiar by willCode4Beer.com · · Score: 1

    So, we are conducting the "war on terror" using the same time proven tactics as the "war on drugs".

    --
    ----- If communism is a system where the government owns business, what do you call a system where business owns govern
    1. Re:sounds familiar by ScentCone · · Score: 1

      So, we are conducting the "war on terror" using the same time proven tactics as the "war on drugs".

      There may be (mysteriously - I just don't get it, personally) an ongoing demand for more meth, crack, heroin, etc. But I think it's safe to say that we don't have a big domestic demand for more blown up office buildings, destroyed embassies, damaged Naval vessels, etc.

      If you point and you previous point, welded together, are that we should just arrest each person we stumble across (rather than waiting until we can get the larger food chain, like we do when we can with the drug distribution types), then you're guaranteeing no ability to break up cells like they did in Madrid. Or is your point is that there will always be more terrorists, so we might as well just let it go and "legalize" bombings like some people say we should all drugs? I don't think your analogy is holding up too well, here.

      --
      Don't disappoint your bird dog. Go to the range.
    2. Re:sounds familiar by willCode4Beer.com · · Score: 1

      My point is this tactic leads to knowingly leaving dangerous people on the streets. Albeit in the hopes of finding somebody more dangerous. However, the "more dangerous" ones aren't on our streets.

      Drug dealers and traffickers shoot people and blow up buildings while being "monitored". There may not be a "domestic" demand for blowing up buildings but, obviously there is a (well funded) demand for it (or this conversation wouldn't be happening).
      What comfort is there is knowing that we tapped the phone of someone before they blew something up because it would help catch someone else.

      To be honest, I think this is all BS. Since the Oklahoma explosion, it has become no harder to rent a U-Haul or buy fertilizer. You can still walk into the average Walmart and buy bomb making materials, with a bulk discount.
      This is the country that invented and perfected guerilla warfare. Every military comander knows that there is no effective way to defend against it. When I was a combat engineer, we were often tasked with the role of OPFOR, playing guerilla. We never lost.

      The only thing preventing more bombings is either lack of desire or stupidity. Anybody with the desire and half a brain could walk across the border with a thousand dollars in their pocket and destroy any building in this country.

      --
      ----- If communism is a system where the government owns business, what do you call a system where business owns govern
    3. Re:sounds familiar by riondluz · · Score: 1

      Or for that matter, pick up a 50Cal or AK at a gunshop near you and just going to town. Think about it. What better way to spread terror than a disgruntled 'martyr' walking into a mall and capping ppl? They don't need bombs, or CBN WMD's; just a suicidal impulse and a credit card.

      --
      resist propaganda
  198. you are an idiot. by Deitheres · · Score: 1

    I vote for the Democrat Party all the time, but I cannot condone this guy's behavior.

    How do you know he's a democrat? Also, he's not a politician.

    His actions have left us more vulnerable to terrorists around the world since they now know how we are tapping them.

    See subject.

    Is it any wonder there are many of us who are leaving the Democrat Party for the stronger on defense Republican Party.

    Good riddance?

    I didn't like it when George Bush barely defeated Gore in 2000, but Bush really stuck it to the terrorists when he invaded Afghanistan and liberated Iraq after those animals attacked us on September 11th.

    First off, GWB didn't defeat Gore in 2000. That fact is well known among anyone willing to look at the facts, and a highly partisan SCOTUS decision landed him the job he still has to this day.

    The worst thing we could ever bring to the terrorists is a living breathing working Democracy. And we've done it, look at Iraq; it's well on its way to thriving after being saved from the Islamofacist grip of Saddam Hussein.

    Your use of the phrase "islamofacist" (sic) betrays the fact that you are, at best, a dittohead and obviously a troll. Instead of actually regurgitating what pundits say, try using your head once a year or so. To label Saddam an islamofascist is incredidly misinformed, and once again it shows that you are not an independent thinker. While I hardly think Saddam was anywhere close to good, the fact was that he was a highly secular leader and the *REAL* islamic fundamentalists hate him. Iraq is more a theocracy now than it was when we invaded in March 03.

    Fellow Democrats

    While your use of the phrase "fellow democrats" is HIGHLY dubious, let's examine what you've said in your post:

    Democrats are weak on defense (straw man argument)
    Bush really "gave it to the terrorists" after Sept 11. How? By doing a half assed invasion of Afghanistan and launching an illegal war in Iraq? By holding people without charges or legal counsel? By *spying* on Americans, in direct violation of the constitution? By his neverending attempts to expand executive powers under the guise of protection and war-time authority? Yeah, he's really giving it to the terrorists... If by "it" you mean our freedoms.
    If you are a democrat I am the reincarnation of Charlemagne.

    I know we are supposed to vote like our fathers, but our fathers never had to consider living in a world where death could come at any minute from the hands of animals wuch as the ones threatening us today.

    Yes, because never before in the history of mankind have you had to worry about somone else causing your death. Before 9/11, we all got postcards telling us when and how we will die.

    You use an awfully broad brush, and the overall quality of your painting suffers as a result.

    No wonder you posted AC, I wouldn't want my name associated with that kind of drivel either.

    --
    Just like driving a car:
    (D) to go forward
    (R) to go backward

  199. You've never been marginalized, clearly by Anonymous Coward · · Score: 0
    Tice had his security clearance removed and was fired because of psychological concerns. ...He is not in fact a whistle blower but rather a disgruntled employee seeking some type of revenge. ...I would investigate his motives before buying every bit of his story hook, line and sinker.

    As if motives make something someone says true or untrue. Has there ever been a "whistle blower" who wasn't estranged from the power structure that was trying to keep her or him quiet? That's the whole dang point.

    As far as the insanity thing goes, let me give you a personal example -- posting as an AC, which I rarely do, because my experience was really close to the bone for me.

    I got "investigated" in association with a harassment complaint once. The person complaining did not know which person (among five) from my department had been the offensive one -- she didn't recognize us by name -- so what happened was, HR called us all in for a little talkin' to. We were given papers to sign about how we understood inappropriate touching or comments were out of line, and so on. Those papers got filed in our company records.

    I knew that I wasn't the person who'd conducted himself badly. It was obvious who the culprit was, but to have the complainant actually forced to identify the jerk would have constituted "retaliation" in some sense or other. But we all got the papers in our records.

    So, we then embarked upon a long spring and summer in which all of us on the team were scrutinized like hawks. HR watched our key cards to see if we were working exactly the right hours, and so on. Previously happy working relationships became strained and formal. We were, all of us, feeling pressure.

    Maybe three months into this process, during one of my one-on-one meetings with my supervisor, he suggested that my attitude was suffering. I explained that everyone on my team seemed to be suffering from a certain amount of paranoia over the whole thing.

    He suggested that I get some counseling. Seriously. Because obviously I needed to talk to someone, right?

    That an institution like the NSA would label a whistle blower "psychologically unstable" or "a personality problem" wouldn't surprise me in the least. That's how close-knit groups deal with the morality of someone in their midst whom they need to exclude for some reason.

    It happened to me.

  200. Re:I think this says it all. by willCode4Beer.com · · Score: 1

    "as long as they are using it for national security"

    The question is, how do you maintain that it is only used for this purpose?
    This is one of the reasons for the limitations of power in the constitution.

    --
    ----- If communism is a system where the government owns business, what do you call a system where business owns govern
  201. Ok by flyinwhitey · · Score: 1

    "You're equating impeachment with criminality, which are not nearly the same thing."

    I get it. You simply misunderstood my post.

    I was using the OTHER definiton of impeachment, the one that reads

    "Main Entry: 1impeach
    Pronunciation: im-'pEch
    Function: transitive verb

    3 : to remove from office especially for misconduct"

    If prez is criminal then impeach his ass. The usage is fine, even if you're not familiar with it.

    --
    How pathetic are you that you follow me from topic to topic and waste all your mod points at once modding me down?
    1. Re:Ok by Red+Flayer · · Score: 1

      "The usage is fine, even if you're not familiar with it."

      No, the usage is not fine when you're talking about this specific action. Impeachment by the Congress defined very clearly, you can't substitute any old meaning in there when you're talking about a specific legal action.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  202. STILL a hypocrite and you don't see it by flyinwhitey · · Score: 1

    "Saying I think this guy did something illegal,"

    is completely inconsistent with "innocent until proven guilty". How you fail to see that, or why you won't admit it, is pretty hard for me to understand.

    YOU have no idea whether the taps were legal. In the absence of such a decision, he is INNOCENT until proven otherwise. It's called due process.

    Do you understand now?

    "what would you suggest we can do about it, if not apply public pressure"

    Public pressure is not discarding the Constitution. You don't get to make up your mind about guilt or innocence until he's had his day(s) in court. Calling the wiretaps "illegal" is a determination that you DO NOT get to make. that's a really nice try at rationalization, but you know very well you can apply public pressure without making determinations of guilt or innocence.

    Stop relying on lazy thinking.

    --
    How pathetic are you that you follow me from topic to topic and waste all your mod points at once modding me down?
    1. Re:STILL a hypocrite and you don't see it by jahudabudy · · Score: 1

      Are you serious? You do realize "innocent until proven guilty" refers to a person's innocence/guilt in the eyes of the law, right? If we as a society were to take the position you pretend to take, then no one would ever be prosecuted for anything. I mean, how DARE the prosecutors "discard the Constitution" by asserting the defendant is guilty before it has been proven!

      Calling the wiretaps "illegal" is a determination that you DO NOT get to make

      Sure I do. As a matter of fact, I consider it my responsibility as a citizen to judge the actions of the people that represent me in government. Of course, my determination doesn't carry the force of law.

      but you know very well you can apply public pressure without making determinations of guilt or innocence.

      I suppose I could (well, could try), but why? If I don't think someone has done something wrong, then why exactly should I want the authorities to look into the (non)matter? Alternately, if I think someone might have done something wrong, why should I ignore it?

      Stop relying on lazy thinking.

      I assure you, my hamster is running in his little wheel as fast as he can. Give the poor guy a break.

      --
      ...sometimes, in order to hurt someone very badly, you have to tell that person terrible lies. - PA
  203. The reason you were moderated "troll" by Anonymous Coward · · Score: 0

    Anybody with the name OakDragon probably looks like a troll.

    Besides you seem to smart to believe that Bush didn't lie about the WMD. If you actually read and just didn't listen to Rush Limbo (a.k.a. pumpkinhead), and Bill O'Really (O Really, I'm selling cheesy crap to you on my web site), then you'd understand that the morning after 9/11, Bush went to his advisors and said "Iraq will pay for this". His advisors said "Mr. President, there is no evidence that Iraq had anything to do with this". He said "Just get me the evidence".

    We were plunging into a trillion dollar war because we have a dumb moron running the country. That's why you were moderated a troll.

    You're welcome!

  204. Re:And this has what to do with technology...? by Big_Al_B · · Score: 1

    The Fourth Ammendment applies to police search and seizures for criminal prosecution. It does not apply to military and/or national security intelligence. Constitutionally, intelligence gathering does not require a warrant.

    That's an either an intentional lie or a warm blanket of rationalization. There is no such distinction. The 10 Amendments comprising the BoR were attached to the Constitution specifically to quell concern over federal government powers, not state and local police forces.

    Intelligence gathering is not illegal, despite the full-on media assault to the contrary.

    Intelligence gathering is not illegal, but unwarranted searches by government agents are, per the Constitiution.

  205. Simple actually by TheConfusedOne · · Score: 1

    The fact is that they actually had gotten actionable intelligence from it.

    The idea that there were wiretaps was certainly known, but the methods and technologies being used in this case were not. Details in the book actually point to this being more of an effort to get information about where calls and emails were coming from and to as opposed to the actual content of the calls and emails.

    As for warrants and FISA, read up on some analysis of the program by people over at volokh.com and you'll see that it's not simply "They HAD to get a warrant." cut and dry in this situation.

    We were also getting information from Osama's sat phone until there was a news report about that one too.

    --
    --- I wish I could hear the soundtrack to my life. That way I'd know when to duck.
    1. Re:Simple actually by lachlan76 · · Score: 1

      Actually, if I recall correctly, he gave the phone to one of his deputies and they didn't know until they picked up the other guy a few months later.

  206. No by TheConfusedOne · · Score: 1

    this

    But hey, who cares if they blow us up, eh?

    --
    --- I wish I could hear the soundtrack to my life. That way I'd know when to duck.
  207. leaking CIA agents by commodoresloat · · Score: 1
    people who supposedly "out" CIA agents, who weren't undercover in the first place

    Please stop trying to perpetuate the lie that Valerie Wilson was not undercover. Politics aside, you do a disservice to the country when you spread false information intended only to defame a former agent who was simply doing her job. Her job was classified information - that's what Patrick Fitzgerald found, and it is notable that the only people who are claiming she wasn't are right wing pundits. The Bush Administration is not even making this argument; it doesn't hold water. The FBI interviewed the Wilsons' neighbors and relatives and nobody knew of her work for the CIA. The New York Times also investigated this question and found that nobody knew of her status; they found that she was a NOC -- "non-official cover," meaning she was without diplomatic protection if she got into trouble. A lot of people spew crap about her driving to CIA headquarters; former CIA agents have said that such people are totally ignorant of how the CIA operates; that many people who go to CIA HQ are nevertheless undercover. Some claim that she had to live outside of the country for several years to be considered undercover -- that is a legalistic nitpick (it is only relevant to whether a particular law was broken, not to whether national security was undermined) and it is false anyway; it is likely that she left the country (not to live but to operate undercover) during the requisite time period. Some general claims to have met Joe Wilson in the green room at FOX dozens of times turns out to only have been there at the same time as him once, for fifteen minutes, hardly time to get into Wilson's wife's covert employment. This general supposedly holds on to this information for weeks, then tells an obscure right wing radio show after the libby indictment (why didn't he present his evidence to the FBI or to Fitzgerald?) The general, it turns out, once wrote an article about distorting information in order to win a "mindwar" against one's enemies. There are several other pundits with similar stories and they all fall apart under scrutiny. This is a smear campaign. The CIA considered her undercover or they never would have asked the Justice Dept to investigate in the first place.

    She also was working under cover of a front company, which was exposed -- meaning all the agents she worked with were compromised. Also compromised was whatever operation she was working on - of course we don't know details, but we do know it had to do with reducing the proliferation of WMD. Precisely what Bush was supposedly protecting us from when he started a preventive war in Iraq. On top of the immediate effects look at the longer term picture -- how is the agency supposed to recruit more NOCs and others to do undercover work when they know their cover could be compromised at the political whim of whoever is in office?

    Please put your politics aside and look at this clearly. This is not a left wing, right wing issue. If the Clinton Admin had exposed a CIA agent to get petty revenge on an opponent of the admin, the impeachment hearings would have been over in minutes. Democrats would have joined Republicans condemning him for severely undermining U.S. national security, and the case against him would have been a slam dunk. Apart from whether it was illegal according to a certain interpretation of the law, and apart from what party one belongs to, the fact is, exposure of undercover agents by their bosses in the administration should not happen. Period.

  208. Then take it up with Merriam-Webster by flyinwhitey · · Score: 1

    Because Merriam-Webster is where I got the definition from, and since thhat's a dictionary, and you're some guy on a web board who assumed he was right and isn't, I'll ignore you.

    "Impeachment by the Congress defined very clearly, you can't substitute any old meaning in there when you're talking about a specific legal action."

    And there's your mistake, I wasn't talking about the legal action. YOU assumed I was, and then tried to correct me.

    If you thought I WAS talking about the legal definition, and not the vernacular, you should have ASKED first instead of assuming you knew what I meant.

    Seriously, what's with the attitude? You were wrong, get over it.

    Stop tryin to be such a fucking know-it-all, or at least make sure you're correct before you correct someone else.

    MERRIAM-WEBSTER, look it up.

    --
    How pathetic are you that you follow me from topic to topic and waste all your mod points at once modding me down?
    1. Re:Then take it up with Merriam-Webster by Red+Flayer · · Score: 1

      Since when was the impeachment discussion about anything other than the legal definition of it? Wasn't it about impeaching Bush? What other context COULD you have meant, when you're specifically talking about establishment of guilt?

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  209. God you're so wrong by flyinwhitey · · Score: 1

    "Are you serious? You do realize "innocent until proven guilty" refers to a person's innocence/guilt in the eyes of the law, right?"

    Well since the thread has been about the legality of Bush's actions, what did you think I meant, and why are you discussing anything else?

    His actions aren't illegal, and you have no court decision that says otherwise.

    If you were discussing something else tha the law, I wasn't, so don't.

    --
    How pathetic are you that you follow me from topic to topic and waste all your mod points at once modding me down?
    1. Re:God you're so wrong by jahudabudy · · Score: 1

      If you were discussing something else tha the law, I wasn't, so don't.

      My bad, I thought we were discussing how it is hypocritical and downright unConstitutional of me (and others) to say we think the President's actions were illegal, and he ought to be impeached so that we can find out whether they were or not. But since we weren't, I won't.

      --
      ...sometimes, in order to hurt someone very badly, you have to tell that person terrible lies. - PA
  210. Re:And this has what to do with technology...? by Big_Al_B · · Score: 1

    That's an interesting take on this, but it's very flawed.

    Distilled, your point seems to be that laws don't prevent people from breaking laws, they just create consequences for acting illegally.

    Well, okay. Here's the thing though--there is supposed to be a diametric difference in how criminals and law enforcement behave. The former are tasked with breaking laws, and the latter tasked with enforcing them. If the latter also break the laws willingly because the negative consequences are acceptible to them, then the phrase "rule of law" is meaningless.

    There is FISA to handle that, but it wasn't used in these cases for whatever reason (the reason doesn't matter).

    FISA is a LAW specifically addressing the need to conduct foreign intelligence in domestic jurisdictions. Are you arguing that it doesn't matter if this law is followed? This is the nonsense that confuses me.

    If someone is caught plotting terror attacks by one of these intercepts, that falls under the Executive branch's foreign intellegence/war powers, and it is fair game.

    US citizens in domestic jurisdictions have habius corpus rights to criminal prosecution for that type of crime too. There are precedents for this, and that pretty much nullifies your points regarding criminal prosecution.

    Your rights are just fine.

    I wish that was reassuring. It's not.

  211. Re:I think this says it all. by Anonymous Coward · · Score: 0

    9th amendment:
    "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

    i think that pretty much grants me a privacy right.

    The bill of rights isn't the be all and end all of our fundamental rights. That's why Madison introduced this amendment. He even said as much. In fact you would know this if you read up on the history of the creation of the constitution.
    It would certainly help you when you try to come off as knowing what you are talking about.

  212. The most basic Failure ... by Anonymous Coward · · Score: 0

    of the current (and probably last eight or so- maybe more) administration of the US is the failure to understand the most basic precepts of the constitution.
    Namely, that The rights of the individual are paramount, and that trust should be placed foremost in the individual and only ceded to the state grudgingly and in a limited fashion.
    In other words, Bush, his cronies, and most of the last centuries adminsitrations have seemed to operate on the theory that they inherently know more than the average joe. Point of fact, they have done everything possible to keep it that way, from denying transparency due to "national security" and "Official secrets" (which of course are known by the enemy 99% of the time and are almost never secrets to anyone but the general public) to rigging the educational system to produce a general lack of critical thinking and self-determination skills. (Read the writings of our first secretary of education on the need to produce "not enteprenuers, but workers") This is in direct contrast to the ideas of the founding fathers, who implied a great trust in the individual coupled with a grave distrust of goverments, secrets, and those who would accumulate personal power at the expense of the public.
    To put it another way- Instead of the state being the servant of the people, these fools have begun to believe the state is the master of the people- and it's just about time to rudely disabuse them of the notion.
    I just hope enough people wake up in time to do so, or the process will be long, bloody, and painful.
    Then again, didn't some one once say "the tree of liberty must occasionally be watered with the blood of patriots"?

    Oh, yeah, one more thing: Scince has proved that all politicians are addicted to sucking dirty goat cock.
    Just sayin'.

  213. Really? by flyinwhitey · · Score: 1

    "No, because it's so startlingly and blatantly obvious that Bush broke the law when he ordered/authorized these wiretaps."

    Then you would help me out and direct me to a court case that says so. And if you're going to refer to the 72 Nixon case, be sure to read the section that talks about this

    "The president claims two sources of legal authority: Congress' post-Sept. 11, 2001, resolution authorizing him to use force to repel terrorist threats, and his inherent constitutional power over military and foreign policy matters.

    The standards that the court set for future cases in its 1972 ruling don't resolve either of those claims. The court did not anticipate a law such as the use-of-force resolution, although the justices rejected a similar argument by the Nixon administration that the existing wiretap law allowed the president to order surveillance for national security.

    As for the constitutional issue, Powell's opinion specified that the court was considering only the president's authority over domestic security, and was expressing no view about foreign intelligence"

    See that part? See how it says the issues in this case may not apply to the previous Nixon decision?

    Or did you not know that? Or do you not care?

    Why have you made up your mind, and ignored due process? Are you secretly a Constitutional schaolr, and even if you are SO ARE THE PEOPLE WHO I QUOTED. Your opinion holds no more weight.

    I want the court to make up its mind. Why? Because that's what it does. Because there are arguments here that I want to see made. Because I want to HEAR what everyone has to say before I make up MY mind.

    Apparently you do it a different way.

    "Yours are a good example."

    Cute, but point it out smart guy. Being trite is pretty fun, but what have you proved apart from a quick wit? Point out the pro Bush parts, and I'll print them and eat them.

    But "disagree with the lynch mob" doesn't equal "pro-murderer" and "disagree with you" doesn't equal "pro-Bush". Why you insist on thinking that way is an interesting question.

    --
    How pathetic are you that you follow me from topic to topic and waste all your mod points at once modding me down?
    1. Re:Really? by lawpoop · · Score: 1

      "Why have you made up your mind, and ignored due process?"

      I am not a court. I don't have to back up every belief of mine with due process.

      "I want the court to make up its mind. Why? Because that's what it does. "

      You say you are in favor of due process. Yet you still have skirted the issue of whether or not you are calling for a Bush impeachment on this issue. Why can't you come out and say whether or not you want a Bush impeachment?

      If you really do want the court to make up its mind, you must call for an impeachment, because the case will never go to a court unless he is impeached by congress.

      So go ahead. Show us your hand. Do you want this to go to trial or not?

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
  214. But... by Anonymous Coward · · Score: 0

    Ignorance is strength! ... Right?

  215. You have a point but here is what is really up. by einhverfr · · Score: 1

    I think that one misunderstands the concept of a right to privacy. IANAL, though... This is not about protecting ownership of information, but about protecting the public and the lives of private persons from the undue encroachment of the law.

    Once again, IANAL. Any legal opinions in this post are to be deemed useless from a practical point of view....

    The concept of the right to privacy is based in several areas of the US Constitution. These include the right to be secure in one's person, posessions, and papers against unreasonable search and siezure, and the right not to be deprived of life, liberty, or property without due process of law. The question of the NSA wiretaps represent a potential encroachment the first ground.

    Now, the general approach used in search and siezure issues is one of balancing legitimate expectations of privacy with the interests of law enforcement or other parties. While warrants are generally required, there are notable exceptions. For example, I don't think that people consider the possibility that bags may be searched at an airport to be unreasonable.

    Also the standard for searching a backpack or a purse at a public high school is lower than it is to search one's house, and the US Supreme Court in these cases has established the idea that a search on school grounds must be based on "reasonable suspicion" and that the search must be appropriately scoped.

    The courts have generally held that evesdropping on telephone conversations are subject to the same requirements that any other search.

    So the question is whether the search of telephone conversations by the NSA violates constitutional rights, i.e. whether they are per se illegal. In this area there is clear guidance not only from the Courts but also from Congress as well. While the courts have provided for a fairly comprehensive framework for such surveillance, this is somewhat complicated and not all searches require a warrant. Congress furthermore has passed the FISA which creates a special court for secretly hearing search warrant requests, and also allows for warrantless surveillance for limited times in the event of an emergency. These wiretaps do not appear to fit within the FISA framework.

    Nor does the Bush Administration suggest that they are. Instead they look to the Authorization to Use Military Force for the justification to do this. This act states:

    "That the President is
    authorized to use all necessary and appropriate 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." (Emphasis Mine)

    In other words, the Bush Administration asserts that the AUMF provides him with the power to engage militarily against any persons, nations, or organizations he chooses solely on the justification that he states that they were behind the terrorist attacks of 2001. This authorization was cited in Hamdi v. Rumsfeld and the Supreme Court declined to suggest that it was a blank check allowing for unfettered presidential power against US citizens. Similarly, this authorization has been used in Padilla v. Hanft arguing that the government has the right to detain a US citizen on home soil indefinitely and without trial. Finally they cite this act of Congress in asserting the legality of the NSA wiretaps.

    If the AUMF is to be read in the way that the Bush Administration continuously asserts, then my opinion is that it would lead to a United States ruled under a dictatorial system of martial law, where neither Congress nor the Courts could effectively reign in the Executive. Whether or not one believes in Bush's good intentions, one must necessarily consider that we cannot expect that we will always have wise and just leaders. Our Constitution as ammended

    --

    LedgerSMB: Open source Accounting/ERP
  216. The tired Bush Lied lie again..... by jmorris42 · · Score: 1

    > Really.... I thought it was to stop them from using weapons of mass destruction on us...
    > no, wait, that was all a lie.

    Good grief, you don't actually believe that drivel do you? So why do you expect me to debate it? The War had many reasons, all of them good ones:

    1. Finally getting rid of Saddam. He was a perpetual pain in the butt and everyone knew he was only going to get worse over time. When all was said and done, Saddam just 'needed killin'.' Too bad our knuckle draggin, raping, killing, torturing machines in full body armor couldn't bring themselves to just put a bullet in his sorry ass when they drug him from his hole. Yup, we don't give a shit about human rights but we saved that piece of human filth.

    2. WMD. Everybody thought he had em. There was zero doubt that he HAD them in the past. The UN inspectors believed he was holding out. Every intelligence agency on the planet believed he had some and was hellbent on increasing his inventory.

    3. Afganistan just wasn't big enough or hard enough to defeat to send the message we wanted to send to the world. Somebody else just had to get thrown against the wall and if you were looking for a poster child for whipping boy, Saddam is yer guy and Iraq was the perfect country to make an 'example' of.

    4. But the big one was the Drain the Swamp stategy. Iraq was and is ideally suited for remaking into a Republic at peace with itself and its neighbors. Give em a role model of what their own country could be without the Mullas and dictators running the place into the toilet. This one wasn't the one pushed in the mainstream media for reasons so blindingly obvious I won't bother stating them here, but all of us in the VRWC got the memo a year before the first shot was fired, guess you aren't on the mailing list.

    --
    Democrat delenda est
    1. Re:The tired Bush Lied lie again..... by Aardpig · · Score: 1

      Fuck me, you're the stupidest turd I've met for over a decade. I almost shat myself laughing.

      --
      Tubal-Cain smokes the white owl.
    2. Re:The tired Bush Lied lie again..... by jesup · · Score: 1
      Iraq was and is ideally suited for remaking into a Republic at peace with itself and its neighbors
      That one had me rolling on the floor laughing....
    3. Re:The tired Bush Lied lie again..... by ObsessiveMathsFreak · · Score: 1

      The War had many reasons, all of them good ones

      This should be good.

      1. Finally getting rid of Saddam.

      This is only a good think if his regime is replaced by a better one. Iraq now tetters on the edge of civil war and law and order have broken down. There is a good chance another dictatorship will arise, or that a theocracy will emerge. If either of these things happen, then the war will ahve been for nothing on the regime change front.

      2. WMD.

      A farce from start to finish. There were no WMD's. There was no deployment capabilty. They lied. The west faced a greater threat from chicken pox than it did from a WMD strike from Saddam. It's a dead horse.

      3. Afganistan just wasn't big enough or hard enough to defeat to send the message we wanted to send to the world.

      And the message was? The war has done nothing but destroy the once prestidgous US reputation and has assurred the dictatorial regimes of the world that the US simply does not pose a threat to them. Iran has been emboldened by the ongoing display of US impotence and has resumed nuclear research. It would never have done so if Iraq had not been invaded.

      4. But the big one was the Drain the Swamp stategy. Iraq was and is ideally suited for remaking into a Republic at peace with itself and its neighbors.

      Iraq, as a nation and political entity, does not actually exist. What we call Iraq, derives from a general geographical description of a region in mesopotamia. The ethnic conflict ongoing in Iraq at this very moment clearly shows the that the country is not one homogeneous entity. it is a ficticious nation, created I believe by the british after the collapse of th ottoman empire. One only has to look at the suspiciously straight borders to realise this.

      The single biggest reason for the war in Iraq, was jingoism.

      --
      May the Maths Be with you!
    4. Re:The tired Bush Lied lie again..... by jmorris42 · · Score: 1

      > That one had me rolling on the floor laughing....

      Why? Name another candidate with even half the odds of success as Iraq. Iraq isn't going to be easy, but it IS possible and the geography and politics are nearly ideal. And if it were easy, our fair weather friends would be helping. But it directly borders on all of the worst cesspools, so Freedom can slop over the border once we get it going there. Saudi Arabia, Iran, Syria, does it get any better? Consider the plight of the poor maniacs in Iran now, with US forces in Iraq on their western flank, US forces in Afganistan on the East, nominal US ally Pakistan on the Southeast and NATO member Turkey on their Northwest. Getting a bomb is their only real hope for survival.

      --
      Democrat delenda est
  217. Re:I think this says it all. by Derling+Whirvish · · Score: 1
    "unreasonable searches" does, however.

    And most people would agree that searches of comunications being sent to or received from people with links to Al Qaeda are not unreasonable searches at all -- quite reasonable in fact.

  218. Who cares about a word? by Chris+Burke · · Score: 1

    "Privacy" is just the affirmative way of saying "Freedom from unreasonable searches and seizures".

    Listening to my phone conversations is a search. Being free of such listening without a court authorized warrant is privacy.

    And this right is absolutely fundamental.

    --

    The enemies of Democracy are
  219. Traffic analysis by Ungrounded+Lightning · · Score: 1

    Thankfully, most Americans understand that if they have no affiliation with terrorist groups, they have nothing to worry about.

    Yeah, right.

    I know a nice housewife who converted to Islam a few months before 9/11.

    She participates in a number of Islamic political discussion web sites and mailing lists - where she is a voice of reason, explaining to Muslums how various actions look to Americans and giving them helpful suggestions. Especially this includes how to make it clear to us if they really are opposed to terrorism.

    On a couple occasions a radical jihadist mailing list has arbitrarily added her to their distribution list and not removed her despite repeated requests.

    The NSA says is doing traffic analysis. That means looking at who talks to whom and when - without looking at the contents of the transmissions.

    Think about how the bogus jihadist mailing list subscription and her attempts to get off it makes her look. Bunch of email from a terrorist organization, lots this mail followed in short order my of email from her to them...

    (Her solution: After they fail to remove her after a couple attempts, complain to the FBI, attaching the offending email. B-) But the NSA won't hear about that. So unless her mail to the FBI shows up in the traffic analysis and is analyzed correctly (or incorrectly in a way that makes her look to the NSA like an FBI informant or a double-agent) she'll still look like a jihadi, won't she?)

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  220. Just because I can by uglylaughingman · · Score: 1

    I am now going to begin every phone conversation with: "I am a radical Islamic movement of one, and I hereby declare Jihad on Richard Cheney's testicles!!!", And end it wiht the observation: "Science has now proved that all politicians, whether democrat or republican, are hopelessly addicted to sucking filthy goat cock!" (I'm betting it won't be half as funny when I'm being tortured at gitmo, but still, it's funny enough to be almost worth it...)

    --
    "What? I'm sorry, I couldn't hear you over the constant beeping of my bullshit detector..."
  221. NSA food by jesup · · Score: 1

    Back in the day.... (when the sun was young and the Soviet empire was still around) this was called "NSA Food" and was attached in signatures to email and USENET postings. Typically it would reference things like kremvax, kgbvax, uranium, trigger, afganistan, etc.

  222. Reposted as non-anon by uglylaughingman · · Score: 1

    Sorry- reposting this as myself because posting it anonymously seemed...well, cowardly. The biggest failure of the current (and probably last eight or so- maybe more) administration of the US is the failure to understand the most basic precepts of the constitution. Namely, that the rights of the individual are paramount, and that trust should be placed foremost in the individual and only ceded to the state grudgingly and in a limited fashion. In other words, Bush, his cronies, and most of the last centuries administrations have seemed to operate on the theory that they inherently know more than the average joe. Point of fact, they have done everything possible to keep it that way, from denying transparency due to "national security" and "official secrets" (which of course are known by the enemy 99% of the time and are almost never secrets to anyone but the general public) to rigging the educational system to produce a general lack of critical thinking and self-determination skills. (Read the writings of our first secretary of education on the need to produce "not enteprenuers, but workers") This is in direct contrast to the ideas of the founding fathers, who implied a great trust in the individual coupled with a grave distrust of goverments, secrets, and those who would accumulate personal power at the expense of the public. To put it another way- Instead of the state being the servant of the people, these fools have begun to believe the state is the master of the people- and it seems it may be just about time to rudely disabuse them of the notion. I just hope enough people wake up in time to do so, or the process will be long, bloody, and painful. Then again, didn't someone once say "the tree of liberty must occasionally be watered with the blood of patriots"? Oh, yeah, one more thing: Science has proven that all politicians are addicted to sucking dirty goat cock. Just sayin'.

    --
    "What? I'm sorry, I couldn't hear you over the constant beeping of my bullshit detector..."
  223. Agreed. by tacokill · · Score: 1

    Agreed, it's not a position I would want to be in either. And I certainly understand your comments about a fighting non-nation armies (Al Q). It is quite different from "going to war with Germany". But it isn't so different from Vietnam. And we faced the same issues there. Cries of "illegal wars" and non-supervision of government activities (Cambodia). And after the fact, I think the nation agreed that Cambodia and the secret activities going on there -- were a "bad thing". So what is so different now that "secret activities" shouldn't be overseen?

    I still go back to the same premise: given all this uncertainty, wouldn't you WANT some supervision as to how these investigational activities are being handled?

    I understand the need for speed. But I also understand the need for control of the process. And we don't have to look very far back in history to see processes out of control. I just can't see how you can argue that going around the FISA court is acceptable in a time such as this. If we were at war (declared), perhaps I would agree. But this "ambiguous" wartime footing makes me think we need to be watching even closer than if we were at war.

  224. Being over pendantic by jmorris42 · · Score: 1

    > aren't all captured EPWs entitled to an Article V tribunal to determine their status?

    Haven't read the whole thing, but I suspect that if we were being pendantic about it, that yes they are. But being realistic the first question would be "To which country do you claim to be a soldier fighting in a fashion that is compliant with the requirements of the Geneva Conventions?" At which point they either frown sullenly at their captors and are led away or they spout some nonsense and the named country adjectly denies the accusation within milliseconds. Not very useful in either case.

    International law just hasn't caught up with terrorists yet, mostly because the "International Community" spends most of it's time appologizing for and coddling terrorists instead of fighting them. Until it does there really aren't any rules other than that of the jungle. They seem to prefer it this way. So be it then, no mercy given or received.

    --
    Democrat delenda est
    1. Re:Being over pendantic by Kagura · · Score: 1

      But being realistic the first question would be "To which country do you claim to be a soldier fighting in a fashion that is compliant with the requirements of the Geneva Conventions?"

      You're exactly right, but that's if they were given an Article V tribunal. That would take an unreasonable amount time for all of the thousands of captured enemy prisoners of war, but according to the Geneva Conventions they are entitled to it. I'm not disagreeing with you in any way, I'm just pointing out that there seems to be no legal support for not giving an Article V tribunal to every captured prisoner that they want to remove EPW status from.

  225. No right to privacy? by Anonymous Coward · · Score: 1, Insightful

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

    That sounds like a pretty clear right to privacy to me. It may apply only to the government, but apply it does.

    Especially in the case of this domestic NSA surveillance -- certainly someone can come up with some different definition of "privacy" and say that the 4th amendment doesn't cover it, but that's a straw man. The 4th amendment specifically, and explicitly, prohibits this sort of government behavior.

  226. Re:There Was Nothing stopping Bush doing this lega by jesup · · Score: 1

    Bush thinks he's Colonel Jessup (boy, am I glad they spelled it with two S's!) from "A Few Good Men".

    Colonel Jessup didn't realize he'd done anything wrong, either. And Bush doesn't do that good of a Jack Nicholson inpersonation, anyways.

  227. Re:He's a criminal, not a whistleblower. by Anonymous Coward · · Score: 0

    Cry me a river.

  228. The context of throwing his ass out by flyinwhitey · · Score: 1

    Just like the definition I quoted.

    God you're a pompus twit.

    Listen we all see what happened. You were going to try to knock me down because you thought the definition I quoted wasn't accepted, and when I proved it was, you were stuck.

    Next time make sure you know what the fuck you're talking about and you won't have to resort to arguing about the context of the argument with the person who started the argument in the first place.

    --
    How pathetic are you that you follow me from topic to topic and waste all your mod points at once modding me down?
  229. It ain't settled until the nine in black sing. by Ungrounded+Lightning · · Score: 1

    [...] information on George W. illegally bypassing said court [...]

    One of the issues currently in play is whether it IS illegal for the whitehouse to "bypass said court" - or even if congress CAN prescribe by law that the executive branch must ask such a court for permission to wiretap FOR FOREIGN INTELLIGENCE.

    There's no question that the congress can prescribe how the executive branch does wiretapping for CRIMINAL JUSTICE purposes - (except that the constitution may completely prohibit warrantless wiretaps FOR THAT PURPOSE, so even congress couldn't authorize warrentless taps if the info goes to criminal cases).

    (And - assuming the administration's claim is correct - one thing that's wrong about the Patriot Act is that it allows info obtained on the claimed-to-be-lower foreign-intellignence standard of suspicion to leak into law enforcement's operation, with its high requirements for suspicion and warrants.)

    To say (as you do above) that the wiretapping in question is illegal is to take one party's side in an argument about a point of law. That point will only be settled when the Supreme Court rules on it.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  230. Russell Tice is a lying psychotic by Anonymous Coward · · Score: 0

    It was disclosed on FOX news that Russell Tice has been diagnosed by a psychiatrist to be psychotic. I wouldn't believe anything the fruit cake says. It has also been alleged he abused his wife.

  231. Re:He's a criminal, not a whistleblower. by cold+fjord · · Score: 1

    Well said.

    I see that dissent from popular opinon on Slashdot continues to be moderated down even when basicly correct.

    Continue speaking truth to power.

    --
    much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
  232. Re:And this has what to do with technology...? by cold+fjord · · Score: 1


    You're wrong about the legal aspects of this. There is a strong argument that the President's actions were legal and consistent with his Constitutional powers.

    --
    much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
  233. Re:And this has what to do with technology...? by Big_Al_B · · Score: 1

    Finally, someone uncowardly. Thank you.

    I read the blogs, and checked the authors' bios. They (all four) have a transparent bias which limits their credibility with me. At least it's transparent, though, which is better than some other sources--like talk radio and cable news.

    Two legal blogs by blatantly partisan shills do not comprise compelling enough evidence to change my mind on this, sorry. If I wished to pursue the matter, I could find equally partisan shills for the counter-argument--which would probably have a similarly impotent affect on your opinion too, I suspect.

    The notable but unsettling irony is that one of your bloggers is a customer of my company. We provide internet, so he's likely using the network I built to post his neocon BS. Oh well, such is life.

  234. you REALLY need a dictionary by theStorminMormon · · Score: 1

    argue
    v. argued, arguing, argues
    v. tr.

          1. To put forth reasons for or against; debate: "It is time to stop arguing tax-rate reductions and to enact them" (Paul Craig Roberts).
          2. To attempt to prove by reasoning; maintain or contend: The speaker argued that more immigrants should be admitted to the country.
          3. To give evidence of; indicate: "Similarities cannot always be used to argue descent" (Isaac Asimov).
          4. To persuade or influence (another), as by presenting reasons: argued the clerk into lowering the price.

    I realize that "apologist" is not in everyone's everyday language - but I thought argue would be. Sorry for taking that leap without quoting the dictionary to you. I won't make that mistake again.

    The rest of my argument is about as reasonable as this, albeit I admit I can't quote a dictionary to show you why your pathetic victimhood is self-imposed

    -stormin

    --
    The Southern Baptist Convention has creationism. On Slashdot, we have porn.
  235. Re:And this has what to do with technology...? by cold+fjord · · Score: 1

    Two legal blogs by blatantly partisan shills do not comprise compelling enough evidence to change my mind on this, sorry.

    You might want to look more closely since my recollection is that they are from opposite ends of the political specturm but reach similar views.

    --
    much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
  236. Re:And this has what to do with technology...? by Big_Al_B · · Score: 1

    Hm. You may be right. I may actually have come to the wrong conclusion after a hasty read on the first blogger's bio. I can't tell positively, but I'll take your word for it. Thanks.

    I remain skeptical regarding the topic at hand, however. It will be interesting to follow the story as it plays out in the coming months and years.

    With waves of controversy (Brown, Plame, Delay, Abrhamoff, flagrant crony appointments, I could continue...) flowing out of our Republican controlled government, my trust in it is paper thin and weakening moment by moment.

  237. Re:There Was Nothing stopping Bush doing this lega by EternityInterface · · Score: 0

    I don't see how it's so different from the other meaning. With pumping your population full of nationalism, you're making them easily manipulatable by painting a chosen target as un-yourcountry whenever you want, and the patriots will be happy to run off and die in droves.

    I am not athenian or greek
    but a citizen of the world
    {Socrates}

    --
    the sun is god
  238. What's the point of another dog and pony show? by riondluz · · Score: 1

    With neo-cons and conservative republicans controlling the show any "fact-finding" will no doubt be like the 9/11 commission. More cover-up than truth.

    For all the talk surrounding civil liberties and powers of government,
    esp. the executive, arguing whether we are in a state of war or not,
    whether our leadership has jeopardized the principals of upon which
    our Country rests and pointing fingers as to who among us has become
    the most brainwashed; no one is asserting that
    both groups are in massive denial and and our political system has been totally corrupted beyond all credibility.

    First, w/respect to this topic, I'm surprised that no mention of
    D. Ellsberg has come up. Like Tise, a govt. employee who 'went public'
    and effectively helped to end the war in S.E.Asia. Traitor or Hero?
    Second, despite his actions, despite the dissent and the war's end,
    what really changed beyond a new face and name? The game stayed the same.
    Business and propaganda as usual. Cambodia labelled a genocide but no mention of
    our sanctioning and funding of Timorese slaughter. Marcos and Pinochet
    and Manuel were our men, just like Saddam. People who basically wanted
    to be free from oppression/domination (read 'confessions
    of an economic hitman') got labelled marxists and found themselves
    disappeared all across South and Central America with the blessings and
    training and weapons stamped 'made in the good 'ole U.S.A'.

    This is the bigger picture that needs examining. Not what's happening here
    in our country. Save that for last and start with what our country has
    been doing to the rest of the world for the past 50 years. How the world
    percieves us, the largest dealer of guns and drugs and fantasy.
    This has become the legacy of the American Dream; the consolidation of power
    and wealth in the hands of a few at the expense of the rest of the world.
    Re-writing history into a myth that tries to cleanse our blood-stained hands.
    Packaging and selling that myth in the hopes that we will never come to realize
    what we've been doing to ourselves.

    As trite as it sounds we, the lumbering middle-class of every major
    industrialized country (but mostly us in the U.S) are living in the
    matrix. We are the batteries that fuel the machine. All our discussions
    are moot because they ultimately center on just another set of controls.
    Nothing that we do, short of disconnecting ourselves, will alter
    our habits of consumption, or redress the conditions that most people can
    hardly wrap their heads around.

    This is the reality: A global ecology that is on the brink of extinction and
    collapse. An over-populated world growing ever more dependent on energy and water resources
    in decline. A world in which 2/3'rds are considered disposable and living in starvation
    and destitution. A world where 1% owns nearly 1/2, 5% owns nearly 2/3'd of all
    resouces controled and consumed (and sadly, it only takes a six-figure income to be
    in the top 5%). This is reality. We do not see it in it's magnitude. We channel
    surf around it, cross the street to avoid it. We go shopping. We have that luxury. For now.

    There may be no "elite conspiracy", but make no mistake; the successes of the
    "New World Order" and its IMF, WTO, NAFTA/CAFTA, G8, GATT spawn are all designed to
    ensure that globalization and 'open markets' provide them with the lifeboats with which to flee
    our leaking Titanic. That is their solution to the problems they've created.
    A trans-national refuge that suffers neither taxation nor oversight, Or, from the
    matrix analogy: a new program to keep the machine in power.

    We can discuss American politics ad infinitum and ad nauseum. Call it what you will:
    Pax Americana, the End of History, the Idea of Progress or Full Spectrum Domination.
    Political and Social ideology w/out economic consideration is irrelevant. And it is the
    economics, our economics, the nefarious, insidiousness of globalization, that is
    being r

    --
    resist propaganda