Slashback: Google, Surveillance, Stardust

Slashback tonight brings some corrections, clarifications, and updates to previous Slashdot stories, including Brin's defense of Google's recent actions in China, DoJ criticizes Microsoft's delay meeting antitrust regulations, Bush allies defend NSA domestic surveillance, Wisconsin rolls back open-source voting, a look back at Pixar, and Stardust samples exceed expectations -- Read on for details.

Brin defends Google's recent actions in China. An anonymous reader writes "Fortune Magazine recently had a chance to talk to Google co-founder Sergi Brin and asked him about the company's decision to accept censorship in China. As you might guess, Brin defended the move. From the article: 'The end result was that we weren't available to about 50 percent of the users. [...] We ultimately made a difficult decision, but we felt that by participating there, and making our services more available, even if not to the 100 percent that we ideally would like, that it will be better for Chinese Web users, because ultimately they would get more information, though not quite all of it.' Human Rights Watch boss Ken Roth, though, wasn't impressed and had a few scathing remarks about the decision."

DoJ criticizes Microsoft's delay in meeting antitrust regulations. Rob writes to tell us that the US Department of Justice is complaining that Microsoft is dragging their feet on certain antitrust technical documentation submission guidelines. From the article: "Microsoft acknowledged the current problems and the steps it is taking to correct them in a recent status report but "has not detailed the seriousness of the current situation," according to the DoJ."

Bush allies defend NSA domestic surveillance. Jason Jardine writes to tell us News.com is reporting that Bush's allies are coming out of the woodwork to support the recently criticized NSA domestic surveillance program. From the article: "In a continuation of a full-court press that began a day earlier, Attorney General Alberto Gonzales on Tuesday told students at Georgetown University that a wartime president has the lawful authority to eavesdrop on Americans' telephone calls and e-mail messages without court approval." Forgive me if I don't agree.

Wisconsin rolls back open-source voting. Irvu writes "One day after the good news that Wisconsin was requiring open-source electronic-voting software was reported on Slashdot, it was gutted. According to BloackboxVoting.org the open-source public review provisions of the bill were removed and replaced with a version requiring the state to escrow the code and, unless a recount occurs, provide only internal examination. The final form of the bill reads: 'Sec 5.905 "...Unless authorized under this section, the board shall withhold access to those software components from any person who requests access under s.19.35...' Meaning that public review is not required and should be, by default, refused. The Legislation History [PDF]reflects the change and points to the final crippled bill. [PDF]"

A look back at Pixar history. An anonymous reader writes "With all of the recent press coverage of Pixar getting bought out by Disney it seems only fitting to take a look back at Pixar history. LowEndMac.com has an interested retrospective writeup exploring the beginnings of Pixar back in the 1970's by Dick Shoup through to the current day."

Stardust samples exceed expectations. carpdeus writes "MSNBC is reporting that the recent opening of the Stardust sample in a clean room appears to be a great success. From the article: 'It exceeds all expectations,' said Donald Brownlee, Stardust's lead scientist from the University of Washington. 'It's a huge success,' he said in a university statement released Wednesday. 'We can see lots of impacts. There are big ones, there are small ones. The big ones you can see from 10 feet away,' Brownlee observed."

Comments

Re:The US is not in a state of war

[X]

Even if the Gonzales' statement was true (which it isn't)

No, it really is:
http://www.law.cornell.edu/uscode/html/uscode50/us c_sec_50_00001811----000-.html

the United States is not in a state of war

No, it really is.

For the United States to enter a war, Congress must exercise their constitutional authority to declare war. They have chosen not to do so.

Actually they have. First, the US is at war "with those responsible for the Sept. 11'th attacks" and it is at war with Iraq. Both bills specifically invoke the War Powers Resolution.

Given that the wiretaps are in theory being used to track down suspected members of Al Qaeda, they would appear to be authorized by and well within the scope of the Sept. 18th resolution.

It's sad when actions with such significance are glossed over to the extent that people aren't actually aware of them.

Re:The US is not in a state of war

[X]

Why oh why is this simple, yet critical fact so rarely spoken? Congress authorized funds, but NEVER declared war!

It's not spoken of because it's not true. Take a look at Senate Joint Resolution #23 from Sept. 18th, 2001 (see link in my other comment in this thread). It very much authorizes the use of force, and most importantly invokes the War Powers Resolution. It doesn't mention one thing about funds.

Re:The US is not in a state of war

[d34thm0nk3y]

It's not spoken of because it's not true. Take a look at Senate Joint Resolution #23 from Sept. 18th, 2001 (see link in my other comment in this thread). It very much authorizes the use of force, and most importantly invokes the War Powers Resolution. It doesn't mention one thing about funds.

From the link in your other post (re: suspension of habeas corpus): ...following a declaration of war by the Congress.

Congress has not declared a war!. If you read the texts of the authorization for use of force (which you also linked):
(1) SPECIFIC STATUTORY AUTHORIZATION- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.

From the war powers resolution:
(c) The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization,

So as you can see they have authorized force by statutory authorization, not declaring war!.

text of war powers act:
http://www.policyalmanac.org/world/archive/war_p owers_resolution.shtml
SJ 23:
http://thomas.loc.gov/cgi-bin/query/D?c107:1:./t emp/~c107sfwR8o::

K, Here it is, from the War Powers Resolution

[TubeSteak]

Your first link doesn't apply, since there was never "a declaration of war by the Congress."

Your second link
http://www4.law.cornell.edu/usc-cgi/get_external.c gi?type=pubL&target=107-40

(b) War Powers Resolution Requirements-

(1) SPECIFIC STATUTORY AUTHORIZATION- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.

(2) APPLICABILITY OF OTHER REQUIREMENTS- Nothing in this resolution supercedes any requirement of the War Powers Resolution.

And from the War Powers Resolution:

SEC. 8. (a) Authority to introduce United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances shall not be inferred--
(1) from any provision of law (whether or not in effect before the date of the enactment of this joint resolution), including any provision contained in any appropriation Act, unless such provision specifically authorizes the introduction of United States Armed Forces into hostilities or into such situations and stating that it is intended to constitute specific statutory authorization within the meaning of this joint resolution

SEC. 5. (b) Within sixty calendar days after a report is submitted or is required to be submitted pursuant to section 4(a)(1), whichever is earlier, the President shall terminate any use of United States Armed Forces with respect to which such report was submitted (or required to be submitted), unless the Congress (1) has declared war or has enacted a specific authorization for such use of United States Armed Forces, (2) has extended by law such sixty-day period, or (3) is physically unable to meet as a result of an armed attack upon the United States. Such sixty-day period shall be extended for not more than an additional thirty days if the President determines and certifies to the Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces.

From your third link

(b) SINGLE CONSOLIDATED REPORT- To the extent that the submission of any report described in subsection (a) coincides with the submission of any other report on matters relevant to this joint resolution otherwise required to be submitted to Congress pursuant to the reporting requirements of the War Powers Resolution (Public Law 93-148), all such reports may be submitted as a single consolidated report to the Congress.

From the War Powers Resolution:

SEC. 4. (a) In the absence of a declaration of war, in any case in which United States Armed Forces are introduced-- blah (1) blah (2) blah

(3) in numbers which substantially enlarge United States Armed Forces equipped for combat already located in a foreign nation; the president shall submit within 48 hours to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing, setting forth--
(A) the circumstances necessitating the introduction of United States Armed Forces;
(B) the constitutional and legislative authority under which such introduction took place; and
(C) the estimated scope and duration of the hostilities or involvement.

SEC. 4. (b) The President shall provide such other information as the Congress may request in the fulfillment of its constitutional responsibilities with respect to committing the Nation to war and to the use of United States Armed Forces abroad

SEC. 4. (c) Whenever United States Armed Forces are introduced into