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U.S. Government Intervenes in EFF vs. AT&T

An anonymous reader writes "Reuters is reporting that the US government has 'filed a motion on Saturday to intervene and seek dismissal of a lawsuit by a civil liberties group against AT&T Inc. over a federal program to monitor U.S. communications.' More from the article: " In its motion seeking intervention, posted on the court's Web site, the government said the interests of the parties in the lawsuit "may well be in the disclosure of state secrets" in their effort to present their claims or defenses ... A hearing is scheduled for June 21 before federal Judge Vaughn Walker." You may recall a few weeks ago when the DOJ asked the judge to dismiss the case. They've now taken the next step required to quash this legal action.

18 of 463 comments (clear)

  1. Duuuuh! by Opportunist · · Score: 5, Insightful

    Guess what, the feds want the judges to approve their snooping and silence anyone daring to oppose it.

    In a free country, the judges would give the government the proverbial finger and go ahead with the case. Let's see how it turns up in the US.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  2. Ya, fair by mikesd81 · · Score: 5, Insightful

    In its motion seeking intervention, posted on the court's Web site, the government said the interests of the parties in the lawsuit "may well be in the disclosure of state secrets" in their effort to present their claims or defenses ... A hearing is scheduled for June 21 before federal Judge Vaughn Walker."

    If I interpre this right...they want the case dismissed because it will discose state secrets? So it's okay to violate civil liberties and then get away with it because to defend it would hinder state security? Well what about my security? Hell what about my RIGHTS? Next to make a phone call you'll have to requisition phone time giving information like: number you're calling, receiving party, topic conversation.

    --
    That which does not kill me only postpones the inevitable.
    1. Re:Ya, fair by dnoyeb · · Score: 5, Insightful

      its odd that a state secret can be known/shared by a non-state organization that has no special security clearance AFAIK. And several of them...

      Hopefully this will be laughed out of court like so many others.

      Just highlights the fact that the fight for freedom never ends. the CIA would act like the KGB if they could. Same with any other government entity.

  3. If the case is dismissed or otherwise rolled under by zappepcs · · Score: 5, Insightful

    the carpet, that will be exactly when the citizens of the US will know that big brother is watching, and Mr. Orwell was right. Its time for all US citizens (and now EU citizens) to make such matters of privacy a voter issue. Ask your current representatives how they stand on such issues, ask all prospective candidates, and then vote with your privacy in mind on the upcoming, and every subsequent election.

    If you are not sure how to find out some of that information, go to eff.org

  4. Re:Might be some good here? by mcc · · Score: 4, Insightful

    Anyone think that maybe there might be good and legitimate reasons for this system?

    No. If there were good and legitimate reasons, they would have simply obtained warrants.

  5. Re:Might be some good here? by Rosco+P.+Coltrane · · Score: 5, Insightful

    Just curious, but has anyone thought that our own government might not be the bad guys here?

    Look, the idea of keeping the government in check by due process of law and constitutional guardrails is that, if it is bad, it doesn't do extreme damage, like turn into a dictatorship. When it's good, then of course it's hindered in its ability to serve citizens quickly and efficiently, but that's the price to pay.

    Oh and yes, here's a hint: a good government is so rare you haven't seen one in your lifetime anywhere in the world.

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
  6. Time to make these voting issues by pbailey · · Score: 4, Insightful

    I'm not an American, so this is just my $0.02, but to those of you that are, your government seems to be taking away more and more of your civil liberties. America is supposed to be the land of the free, etc. etc. I think it is time that American government representatives were reminded of this - specially with elections coming up. They will do anything to remain in power. If you all tell them you are not going to put up with this kind of BS, then maybe they will stand up for you.

    If everyone is silent, one day it will be too late. Speak up in unison to keep rights you have fought for over the past 200+ years. You know what they say - use em or lose em!

    Good Luck!

  7. That's not the problem by Kythe · · Score: 5, Insightful

    Anyone think that maybe there might be good and legitimate reasons for this system?

    Of course! Good Lord, man, no one I know has any problem with going after terrorists.

    The problem here isn't that the system can be used to nail the bad guys. The problem is that there is absolutely no oversight, and it violates the law. Worse, any attempts to apply oversight have been shut down. If the system isn't being abused, then what the hell is all that about?

    Our system of government is predicated on the notion that power inevitably corrupts. This system involves a lot of people, and the idea that absolutely all of them are uncorruptable is absurd.

    On this very site as we type, it's reported that the U.S. Government is in negotiations to obtain the same sort of private information from European countries. Quite likely, that sharing will go both ways. Furthermore, media companies are closer than you'd like to getting access to that data, too, in order to "fight piracy". Other companies can't be far behind. Are we to believe that everyone who will eventually have access to our private communications without oversight will be on the up-and-up?

    It is the potential for abuse that is the problem. And the fact that this administration has actively resisted any attempt to apply checks and balances in order to prevent abuse is extremely troubling.

    --

    Kythe
  8. Re:Might be some good here? by BalanceOfJudgement · · Score: 5, Insightful

    As my moniker suggests, I prefer a balanced judgement to a dogmatic one. Interestingly, in this particular case, a balanced judgement doesn't answer your question with "Yes" or "No."

    Rather, I take this approach.

    Assertion: The government is not the bad guys
    Conclusion: It is ok to violate our rights if it's for a good cause.

    I would think that the above conclusion seems nonsensical. If we accept that the current administration's plans don't include Big Brother-like control over the American public (a proposal that to some, might seem unrealistic, but I am willing to accept it for the sake of argument), that still leaves the question of whether it is RIGHT to be carrying out these surveillance programs.

    The ends almost NEVER justify the means; a superior stating of this adage is the following:

    "It is never a question of whether the ends justify the means; the means make the end."

    In this case, the means being used are possible encroachments on the civil rights of American citizens. Acceptance of that kind of program can only have one end: surveillance of American citizens themselves.

    That is not a power I want my government to have, regardless of how "safe" it might make the country. I am not willing to give up my fundamental rights for the ethereal promise of safety.

    The US government is and always was, accountable to the American people. The system of checks and balances was put in place so that the no single branch of government could have enough power to destroy the rights of American citizens; the belief was that if one branch acted improperly, at least one of the others could kick them back in line.

    What President Bush is attempting to do is tantamount to suppression of the system of checks and balances put into place specifically to protect us from government abuse.

    And I leave you with one final question:

    If what Bush has approved is so upstanding and legal, why should he fear a legal challenge? I, for one, would like another branch of government besides President Bush to tell me that my freedoms are not being violated, not because I think President Bush is lying, but because that's what the other branches are there for in the first place. And a healthy dose of suspicion of the government is very necessary to a free democracy; that is the only way a society remains free.

    --

    We are the fire that lights our world.. and we are the fire that consumes it.
  9. Fuck. by RyanFenton · · Score: 4, Insightful

    When the judicial system is being asked by an agency to not permit itself to look into a subject, you know there is something VERY wrong with this government's actions.

    Even if this were really the most effective way of rooting out terrorist actions, the fact that they seem to feel they have to shield themselves from judicial inquiry breaks the accountability of such a system. Are judges and juries too dangerous for our security network now? Are constitutional protections now too restrictive for our intellgence needs?

    Do we really need an unnacountable set of parasites feeding on our basic rights in order to protect us from an invisible set of enemies now? If so, does the debate about if we need these things need to be outside public consideration?

  10. The 4th Ammendment by ecorona · · Score: 5, 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. People died for these rights. Human beings had to say goodbye to their girlfriends, wives, parents, and children forever in order to go die a likely horribly painful death. They did this because they believed there was some value in these rights. They sacrificed themselves so that the majority of us would, in privlige, enjoy the benefits of their sacrifice. Today, in this day and age and by not caring, we as a people are telling those TRUE patriots "You can take your sacrifice and shove it up your ass." Ironically, liberty and freedom are being attacked by the same people claiming to be inspired by it.

  11. Re:The actions of a dictatorship by whathappenedtomonday · · Score: 5, Insightful
    I feel an urge to repost this.

    The 14 Defining Characteristics Of Fascism by Dr. Lawrence Britt

    Dr. Lawrence Britt has examined the fascist regimes of Hitler (Germany), Mussolini (Italy), Franco (Spain), Suharto (Indonesia) and several Latin American regimes. Britt found 14-defining characteristics common to each:

    1. Powerful and Continuing Nationalism - Fascist regimes tend to make constant use of patriotic mottos, slogans, symbols, songs, and other paraphernalia. Flags are seen everywhere, as are flag symbols on clothing and in public displays.
    2. Disdain for the Recognition of Human Rights - Because of fear of enemies and the need for security, the people in fascist regimes are persuaded that human rights can be ignored in certain cases because of "need." The people tend to look the other way or even approve of torture, summary executions, assassinations, long incarcerations of prisoners, etc.
    3. Identification of Enemies/Scapegoats as a Unifying Cause - The people are rallied into a unifying patriotic frenzy over the need to eliminate a perceived common threat or foe: racial , ethnic or religious minorities; liberals; communists; socialists, terrorists, etc.
    4. Supremacy of the Military - Even when there are widespread domestic problems, the military is given a disproportionate amount of government funding, and the domestic agenda is neglected. Soldiers and military service are glamorized.
    5. Rampant Sexism - The governments of fascist nations tend to be almost exclusively male-dominated. Under fascist regimes, traditional gender roles are made more rigid. Divorce, abortion and homosexuality are suppressed and the state is represented as the ultimate guardian of the family institution.
    6. Controlled Mass Media - Sometimes to media is directly controlled by the government, but in other cases, the media is indirectly controlled by government regulation, or sympathetic media spokespeople and executives. Censorship, especially in war time, is very common.
    7. Obsession with National Security - Fear is used as a motivational tool by the government over the masses.
    8. Religion and Government are Intertwined - Governments in fascist nations tend to use the most common religion in the nation as a tool to manipulate public opinion. Religious rhetoric and terminology is common from government leaders, even when the major tenets of the religion are diametrically opposed to the government's policies or actions.
    9. Corporate Power is Protected - The industrial and business aristocracy of a fascist nation often are the ones who put the government leaders into power, creating a mutually beneficial business/government relationship and power elite.
    10. Labor Power is Suppressed - Because the organizing power of labor is the only real threat to a fascist government, labor unions are either eliminated entirely, or are severely suppressed.
    11. Disdain for Intellectuals and the Arts - Fascist nations tend to promote and tolerate open hostility to higher education, and academia. It is not uncommon for professors and other academics to be censored or even arrested. Free expression in the arts and letters is openly attacked.
    12. Obsession with Crime and Punishment - Under fascist regimes, the police are given almost limitless power to enforce laws. The people are often willing to overlook police abuses and even forego civil liberties in the name of patriotism. There is often a national police force with virtually unlimited power in fascist nations.
    13. Rampant Cronyism and Corruption - Fascist regimes almost always are governed by groups of friends and associates who appoint each other to government positions and use governmental power and authority to protect their friends from accountability. It is not uncommon in fascist regimes for national resources and even treasures to be appropriated or even outright stolen by government leaders.
    14. Fraudulent Elections - Sometimes elections in fascist nations are a complete sham. Other t

    --
    I hope I didn't brain my damage.
  12. Re:They become more and more interchangeable by Skreems · · Score: 4, Insightful

    That's not communism, my friend. That's authoritarianism, fascism, blind nationalism, and religion run amock and manipulated against the people. Communism's got nothing to do with it.

    --
    Slashdot needs a "-1, Wrong" moderation option.
    The Urban Hippie
  13. Parent is WRONG!! Mod him down! by mrchaotica · · Score: 5, Insightful
    From a purely legal point of view, it isn't so clear that the government needs specific authority to quash lawsuits on grounds of national security. That may well fall within its unenumerated powers.
    The Federal Government has NO "unenumerated powers"!

    See Amendment X:
    The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
    It is The People that have unenumerated Rights.

    See Amendment IX:
    The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  14. Re:Lawsuits by Bobzibub · · Score: 5, Insightful

    You folks need more official political parties.
    Imgaine the scandal if there were only two ketchups? Americans would riot if there were only two ketchups.

    Two parties limits the debate to adversarial themes. How do we screw our opponents? (better for country is *so* not a part of the debate.)

    Good luck to the Dems. (I guess.) I know they will be just corrupt in 8 years.
    -b

  15. MOD PARENT THE FUCK UP by nugneant · · Score: 4, Insightful

    All these months of emotional repression are leaking out, and I for one don't care to constrain myself. This Godwin's Law horseshit is straight out of Orwell - and please let's start trying to smear me as a paranoid hippie of some sort, because after all, who the fuck uses cautionary novels for support? (well, besides the Bible Thumpers, but I'd say Orwell remains relevant to our times)

    Laughing at people who compare things to Hitler is ignoring a very large question that you (and in this case I am referring to the Grandparent and those of his mindset) should (if you weren't so educated fucking stupid) be asking yourself/yourselves: Why is this person so upset?

    If we can't cite Hitler, we can't learn from our mistakes. If we can't learn from our mistakes, there's no point in making mistakes. If there's no point in making mistakes, then we should live in constant fear of making a mistake. If we should live in constant fear of making a mistake, we should all wipe ourselves out, because mistakes are inevitable, whether they be supporting facists or making a spelling error on Slashdot.

    I am sick and tired. I can TASTE the contempt I have for people like you in my TEETH. "I'm content to be stupid, I enjoy being a parrot, and I can be happy with making little sacrifices - I'm not a bad person. Why can't everyone else be just like me?"

    I... there's just so much contempt within me that I find it almost impossible to coherantly express how I feel. It's thanks to moron idiots like you that Stalin was able to remain in power. It's thanks to moron idiots like you that Hitler was able to commit crimes against humanity. It's thanks to moron idiots like you that Bush and the fascists in office can feel free to trample all over every basic human dignity and liberty alike, because you will accept, and even defend, this practice. Not because you actually relate to it - though it gives you a goofy rise, much like how civilized people get a goofy rise out of watching Sonny Chiba movies - but because you are a crippled creature, willing to surpress your basic, ingrained notion of Right, and Wrong, and Fair. Whether through phony intellectualization or simple contempt for whoever's hurt your feelings (which you allow to spread over to the rest of humanity because epic destruction is so awesome), you become a creature of contempt. And even if you were touched by these idiotic policies which your contemptable straw man voodoo rhetoric supports - you know, say your brother got shot to death in Iraq, your father was imprisoned for talking with an old college bud of his and joking about killing the President, and your mother was stalked and raped after trying to rally people in support of your father - you would still sooner claim it the fault of liberalism, misunderstanding, dirty Islamic towelheads who have no right to anything, violent videogames, or God's Will - rather than simply admit that you are wrong, that you have been wrong, that your desire for a cheap rise, a moment of feeling Intellectually Gifted, and/or your simple crass thoughtlessness - whatever it is - is to blame.

    The problem isn't that people feel, or think, that Bush is like an American Hitler. The problem is inside you, and inside anybody who would laugh off a comparision without actually giving it some thought, just because they read on Somethingawful/Fark/The "New" MAD Magazine/your satire source of choice that it's apparently "ridiculous" to say such things. Because "OOOOH HITLER, LOL! OMG, WTF, BBQ??? get it??? (insert heavy handed dose of "we're saying this is funny, in an unfunny way, because we think we actually ARE funny in some way, and therefore right - irony" here)", or something.

    I have yet to actually read anywhere a coherant and sober reason for why it's a fallacy to compare things to Hitler or the Nazis. Maybe it's because Moderate folk (who can be just as emotionally overwraught as diehard Liberal or Conservative - leaning folk) can't stand t

  16. Godwin's Law by nephridium · · Score: 5, Insightful
    "I have yet to actually read anywhere a coherant and sober reason for why it's a fallacy to compare things to Hitler or the Nazis."

    The point with Godwin's Law is that the mention of Hitler/Nazis is very often too emotionalizing to continue the discussion in a constructive way, thus it diminishes the probability of resolving the debate in a good way.

    The reason for this is that just by mentioning words such as "Hitler" or "Nazi" you are stirring up images and irrational thoughts that everyone of us is confronted with when learning about that part of history. We connect these words with visions of extreme atrocities against other humans, but also with simple anti-nazi propaganda that we have been fed with since WWII.

    A very simple example to reflect this: if I were to say "Hitler did many good things." the first thought that will go through most people's minds would be that I am a nazi with all the characteristics associated with one (racist, anti-semitic, authoritarian etc.). Thing is, that I'd consider myself as quite the opposite of a nazi, yet I would stand by that sentence above because it is true (as true as "Hitler was not a good man."). Yet due to the reasons mentioned above most people will react irrationally to my statement and any possibility for rational discussion will be buried.

    This is why mentioning Hitler as a comparison to augment a rational debate will only work with certain (educated) people, but usually not if your peers are your average Joe Doe - yes, even here on Slashdot, though at least here fortunately the demographics seem to be scewed a bit towards the 'rational debaters'. Apparently the moderation system improves the SNR as well ;)

    --


    And when you gaze long enough into the code, the code will also gaze into you.
  17. Re:The actions of a dictatorship by GaryPatterson · · Score: 4, Insightful

    The post is about fascism and Hitler should be mentioned during that post. Godwin's law is irrelevant when it comes to political discussion, as an extreme side of politics actually included Hitler, the Third Reich, Mussolini and others.

    Hitler was just a guy. He was no more 'evil' than most people to begin with, but through cunning and manipulation he managed to gain unfettered power to do what he wanted. Over time, that power changed him, and his baser side emerged.

    People who believe Hitler was a monster and started evil completely and utterly miss the actual point - he was a man like so many others, but who became so thoroughly corrupted by power that any act was reasonable to him. Anyone can become like that given the right circumstances, and that's why we have checks and balances in our world. You or I could do anything he did if we were put through a set of circumstances particular to us.

    Invoke irrelevant political correctness if you like, but remember that Hitler started as a simple man, like anyone you see around you, like you or I.