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Cringely on Domestic Eavesdropping

krygny writes "In this week's The Pulpit, Robert X. Cringely presents some interesting factoids he uncovered in his research into the NSA's domestic surveillance. He makes no judgements but offers some interesting stuff you might not have already known." From the article: "Intercepting communications for purposes of maintaining national security is nothing new. From before Pearl Harbor through 1945, EVERY trans-Atlantic phone call, cable and indeed letter was intercepted in Bermuda by the Coordinator of Information (COI) in the White House and later by the Office of Strategic Services (OSS). Sir William Stephenson revealed this in his autobiography, A Man Called Intrepid. They literally tapped the undersea cables and shipped all post to Europe through Bermuda, where every single call was monitored, every cable printed out, and every letter opened. FDR and Churchill needed intelligence and they took the steps they needed to get it."

21 of 584 comments (clear)

  1. I know this is all important, but by Council · · Score: 4, Informative

    Robert X. Cringely presents some interesting factoids he uncovered

    I couldn't help but laugh when I learned, earlier today, that the word "factoid" technically refers to an untrue piece of information that is accepted as true due to repetition in the media.

    In a profound stroke of irony, the incorrect definition of 'factoid' (a small piece of information) has become the prevailing one through repetition in the media.

    --
    xkcd.com - a webcomic of mathematics, love, and language.
  2. Re:Okay... by NecroPuppy · · Score: 2, Informative

    The difference is, McCarthy was right.

    Check out the Verona Project records if you don't believe me. Many of the people he questioned or wanted to question actually were Soviet agents.

    --
    I like you, Stuart. You're not like everyone else, here, at Slashdot.
  3. Re:Tell ya what everyone by TheNoxx · · Score: 5, Informative

    The project ECHELON was a collaboration between the American and British intelligence communties and authorized by the FISA court (http://en.wikipedia.org/wiki/FISA_Court), not by Clinton; ECHELON also began operation well before 1992, when Clinton took office.

    Fighting FISA goes hand in hand with Bush Sr. and his young boy.

    --
    Ex nihilo nihil fit.
  4. Unlike you, so much the same... by Anonymous Coward · · Score: 1, Informative

    The difference between us is I realize that both of us are rather fond of democracy; I (and other conservatives) just happen to realize Democracy takes some defending even if it means a few calls to known terrorists are tapped. Thus has it always been and always will be.

    The sad thing is that you (or people very like you) are what drove me far away from Democrats and straight into the willing arms of the conservatives. At least I feel like I can work on getting important things like gay rights more highly thought of in conservative circles. Someone who claims that someone who protects Democracy is "The Enemy" is I've found someone who has reach the point where there is no reasoning with them. Yes, that's right - it's easier to get a southern baptist to accept gay people than it is to get a blowhard peace loving Democrat to accept that some times when foreign powers are actively trying to hurt U.S. interests that things need to get done.

    And the number of people like me is growing, as witnessed by the 60% approval ratings for wiretapping actions that Bush enjoys.

    The response will probably be something like "I intend to move out of the country if things get worse, blah blah blah blah blah". I honestly think that would be best for you as you are not going to be happy with the way the country is swinging. Where you will move to is a bigger question as the world swings to a rise in islamic fanaticism before it reduces in the distant future you are going to see some odd shit go down across the globe as other nations start to panic. I do not think U.S. actions are anywhere close to the worst case scenario for what can go terribly wrong when governments freak out.

    1. Re:Unlike you, so much the same... by ivan256 · · Score: 2, Informative

      This was just another place where Bush could try to increase the power of the presidency.

      Bush is just the first one to get caught. You don't think that the NSA monitored domestic communications beyond their authority under Clinton, Bush Sr., or Reagan? This has been going on for decades and nobody has noticed until now.

      Doesn't make it right, but still...

    2. Re:Unlike you, so much the same... by ClamIAm · · Score: 2, Informative
      Unlike you, I don't believe that Bush acted in good faith. Every president has access to legal counsel to warn him when he is going beyond the bounds of his constitutional powers.

      I agree with you, and I believe there is competent counsel in the White House. This doesn't mean that it's listened to. When warned that the current wiretapping efforts may be unconstituional, Bush said this:

      "I don't give a goddamn," Bush retorted. "I'm the President and the Commander-in-Chief. Do it my way."

      "Mr. President," one aide in the meeting said. "There is a valid case that the provisions in this law undermine the Constitution."

      "Stop throwing the Constitution in my face," Bush screamed back. "It's just a goddamned piece of paper!"

  5. Re:Short memories by quarkscat · · Score: 4, Informative

    I call "BullShit!" on the parent poster.

    The ECHELON program is still being used today, except that the Bush regime has expanded it from it's original mission statement of "Intercepting Overseas CONINTEL" to "Intercepting ALL CONINTEL, Including Domestically Against American Citizens".

    The US Senate committee that began (01/20/2006) investigating this illegally expanded program revealed that the Bush regime's CONINTEL program has been directed against domestic political opposition, including a Quaker anti-war group in Miami/Dade County.

    These are not the actions of a democratically elected government sworn to uphold the US Constitution, the Bill of Rights, and the rule of law. These are the actions of a regime that siezed power illegitimately in November 2000, and has been using the unchecked and expanding power of the Executive Branch to not only wage an illegal foreign war, but also to consolidate and maintain a totalitarian regime.

  6. Re:Executive orders by Anonymous Coward · · Score: 2, Informative
    http://en.wikipedia.org/wiki/Executive_order

    There is no United States Constitution provision or statute that explicitly permits this, aside from the vague grant of "executive power" given in Article II, Section 1 of the Constitution and the statement "take Care that the Laws be faithfully executed" in Article II, Section 3.
  7. That book is not an autobiography by chris-chittleborough · · Score: 4, Informative
    William Stevenson's book, A Man Called Intrepid, is about the activities of Sir William Stephenson and other intelligence leaders during WW2. It is not an autobiography; in fact, it is not really a biography.

    (This book was one of the first published after the Ultra secret, Colossus, Bletchley Park etc were declassified 30 years after WW2. It's a good read, full of fascinating information. For instance, did you know that Rommel's success was largely due to the U.S. State Department? It may still be one of the better single-volume histories of Allied intelligence during WW2. However it is not—how shall I put it?—a book that a good historian would use as a primary source.)

    The book does say what Mr. Cringely says it does, but it's alarming to see him describe it as an autobiography.

  8. Educate Yourself by CrazyDuke · · Score: 5, Informative
    Educate Yourself I suggest you take some rugged individualistic responcibility for your own education.

    From Article II (the presidency) of the US Constitution, the sections that define presidential authority:

    Section 2. 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; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

    He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.

    The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.

    Section 3. He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.


    Here are the parts related to Executive Orders:
    "He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient;" . . . "he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States."

    In other words, he can recommend stuff to the legislature for consideration. Make orders to insure the laws are executed faithfully. And order his underlings to accomplish that task.

    The only possible strech for this to be a law is if you believe this government is a dictatorship, in which case the legislature and the judiciary are his underlings and he can order them to do what he wants, with the power of the military behind him. Is this what you want?
    --
    Any sufficiently advanced influence is indistinguishable from control.
  9. Re:We spy on the English, they spy on us by Anonymous Coward · · Score: 2, Informative

    English subjects (a subject is like a citizen but without guns).

    I'm tired of hearing this complete falsehood parrotted by people. English people are citizens of the UK and also citizens of the EU and citizens of the Commonwealth of Nations.

    There may be an extremely small number of people that are British subjects due to legal technicalities, however none of them are English;they are people who were British subjects in 1981 despite not being from any country in the Commonwealth.

    Please do not repeat ignorant statements as if they are fact. Are you English? Look on your passport. It says "citizen". Or just read the British Nationality Act 1981.

  10. Wrong. It's a lawyerly pissing contest by Anonymous Coward · · Score: 2, Informative

    Read FISA itself: 50 USC 1809. The part that says "not authorized by statute".

    In other words, you'd be right, unless it's authorized somewhere else. Which the administration believes it is. And considering they went through all kinds of legal review, and modified the program at least once to address some legal concerns, flatly calling the surveillance "illegal" is wrong.

    Read the full argument here (it's 42 pages long - that's lots of evidence to support the case that the surveillance is legal):

    http://news.findlaw.com/hdocs/docs/nsa/dojnsa11906 wp.pdf

    The best you can say is that this is a pissing contest between lawyers.

  11. Re:Yeah, great, guess what by frost22 · · Score: 4, Informative
    FISA can't take powers away from the president that he is granted under the constitution.
    This is basically a renewed version of the theory of "Divine Grace". Absolute Monarchs in the 16th and 17th century argued that God had made them rulers by His Divine Grace, and therfore considered their power to be absolute and without limits. They were above all laws. Enlightenment and civil revolution finally did away with this nonsense.

    Now you just substitute "divine grace" by "the founding fathers"

    It is pretty embarassing that a sizeable part of the population in an enlightened country like the US whith a long democratic tradition suddenly adheres to such theories. If you want to know where such lunacy can end, look uzp terms like "Ermächtigungsgesetz"....
    --
    ...and here I stand, with all my lore, poor fool, no wiser than before.
  12. Re:Yeah, great, guess what by Pike · · Score: 4, Informative
    Try this on for size.

    Some commentators have read the constitutional text differently. They argue that the vesting of the power to declare war gives Congress the sole authority to decide whether to make war. (6) This view misreads the constitutional text and misunderstands the nature of a declaration of war. Declaring war is not tantamount to making war - indeed, the Constitutional Convention specifically amended the working draft of the Constitution that had given Congress the power to make war. An earlier draft of the Constitution had given to Congress the power to "make" war. When it took up this clause on August 17, 1787, the Convention voted to change the clause from "make" to "declare." 2 The Records of the Federal Convention of 1787, at 318-19 (Max Farrand ed., rev. ed. 1966) (1911). A supporter of the change argued that it would "leav[e] to the Executive the power to repel sudden attacks." Id. at 318. Further, other elements of the Constitution describe "engaging" in war, which demonstrates that the Framers understood making and engaging in war to be broader than simply "declaring" war. See U.S. Const. art. I, 10, cl. 3 ("No State shall, without the Consent of Congress . . . engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay."). A State constitution at the time of the ratification included provisions that prohibited the governor from "making" war without legislative approval, S.C. Const. art. XXVI (1776), reprinted in 6 The Federal and State Constitutions 3247 (Francis Newton Thorpe ed., 1909). (7) If the Framers had wanted to require congressional consent before the initiation of military hostilities, they knew how to write such provisions.

    Finally, the Framing generation well understood that declarations of war were obsolete. Not all forms of hostilities rose to the level of a declared war: during the seventeenth and eighteenth centuries, Great Britain and colonial America waged numerous conflicts against other states without an official declaration of war. (8) As Alexander Hamilton observed during the ratification, "the ceremony of a formal denunciation of war has of late fallen into disuse." The Federalist No. 25, at 133 (Alexander Hamilton). Instead of serving as an authorization to begin hostilities, a declaration of war was only necessary to "perfect" a conflict under international law. A declaration served to fully transform the international legal relationship between two states from one of peace to one of war. See 1 William Blackstone, Commentaries *249-50. Given this context, it is clear that Congress's power to declare war does not constrain the President's independent and plenary constitutional authority over the use of military force.

  13. Re:Did you vote for Nader in 2000? by obarthelemy · · Score: 2, Informative

    MMmmmm just one word of caution: for the last presidential election (which are two-round like you described in France), the 2 candidates to make it to the second round were Chirac and the far right Jean-Marie Le Pen (National Front), because the left's votes got spread over a lot of candidates, from Communists to Greens to several flavours of Socialists...

    The outcome of that first round was a big surprise, and disapointment, to all the lefties. All moderates, from left or right, were left with no other choice than to vote or Chirac, who carried the second round with around 80%.

    So, using the first round to vote for the candidate you like best, and waiting for the second to "vote useful" and make a compromise for your least-hated candidate, sometimes doesn't work.

    --
    The Cloud - because you don't care if your apps and data are up in the air.
  14. why you should not be "bored" by jonathan_95060 · · Score: 2, Informative

    Bruce Schneier has a good article explaining why you shouldn't be "bored"

    http://www.schneier.com/essay-102.html

    Al Gore does a good job covering the same ground (albeit a bit more verbosely) in his Martin Luther King day speech:

    http://www.washingtonpost.com/wp-dyn/content/artic le/2006/01/16/AR2006011600779.html

  15. Re:Executive orders by dougTheRug · · Score: 2, Informative

    Sorry if I've passed on wrong information, but I'm American, did pay attention in Government class in high school, and do remember executive orders like that. I made a quick check on the internet (http://www.thisnation.com/question/040.html) and confirmed what I'd remembered. Now, your weird question: "Does a regulation written by an executive agency carry the same weight as a law passed by congress?" I don't know what a regulation is, but I certainly hope not. I'm not sure why you think my opinion matters -- I'm a computer programmer for fuck's sake. And your even weirder question: "How about George W. Bush's signing statements?" Uhh, how about those, indeed? If it's true, (and it certainly sounds believable these days) I do not think they would change the laws as they are passed by congress.

  16. Re:Sounds like a great security measure by IvyKing · · Score: 2, Informative
    You know, they *might* just have missed the call saying "Banzai! we're attacking!"

    Actually the message was not missed - the US knew by the 4th of December that war with Japan was only a few days away - and orders were sent out for the destruction of decryption gear in the Philipines and Guam. What wasn't known was the exact time and place for the attacks.

    There's a slight issue with timing here - from TFA, the intercepts begain before Pearl Harbor, but the US didn't declare war on Germany until December 11 and only after Germany declared war on the US. Had Hitler known that the Japanese had no intention of declaring war on the Soviet Union, he probably would not have declared war on the US and the majority of the people in the US had a strong aversion to getting into another war in Europe after the fiasco of WW1 (the US and the world would have been better off if the US stayed out - the "Spanish Influenza" may have stayed in western Kansas).

  17. Time will tell. by Irvu · · Score: 2, Informative
    From the article:
    Only time will tell, though, if what they are doing is legal.


    No, We the People will tell whether this was legal. It wasn't and isn't. As Cringley noted in his article, the taps were made without the authorization of the FISA court. It is the FISA court which covers exactly these kinds of things. Therefore they are illegal. There exists no special holes in the statutes for presidents who are too lazy, and no openings for things that do not meet the standard.

    The very reason that we have a FISA court is to provide some oversight of the process itself and to ensure that the shotgun approach so favored by past presidents is not done.

    It still shocks me that people are debating this or, worse yet, accepting Bush's half-assed lines about "inherent authority". These taps are a patent violation of both the letter and the Spirit of the FISA law. What the hell more do we need?
  18. Fundamental misunderstanding by Software+Cowboy · · Score: 5, Informative

    Having been in the intelligence community (though not NSA), I think it is clear why people are confused on this issue. The administration is treating the "war on terror" as a literal war on terror. Under that definition, the President can intercept these communications to suspected Al Qaeda members as part of a military campaign. Many of the people who are up in arms about this are viewing the "war on terror" as an extended police operation. FISA clearly applies to criminal investigations. It is generally accepted that military actions in war time are held to a different standard.

    I believe the courts will probably uphold the administration's version, since they are in many cases, choosing to engage those on the other end of the communication with military (deadly) force. I think if they were just trying to arrest people and prosecute them, the administration's case would be far weaker.

    I don't know that it is as clear cut as those on either side say. We'll have to wait for the courts to decide.