Slashdot Mirror


The AT&T Whistleblower's Evidence

hdtv writes "Wired News has published the details of NSA wiretap and revealed former AT&T technician Mark Klein as the main whistleblower, specifically covering the evidence he presented when he came forward." From the article: "In this recently surfaced statement, Klein details his discovery of an alleged surveillance operation in an AT&T office in San Francisco, and offers his interpretation of company documents that he believes support his case. For its part, AT&T is asking a federal judge to keep those documents out of court, and to order the EFF to return them to the company."

81 of 405 comments (clear)

  1. This Just In by gentimjs · · Score: 5, Funny

    This Just In: NSA Whistleblower's body found dead in burlap sack on side of road only hours after his identiy made public...

    1. Re:This Just In by Trigun · · Score: 5, Funny

      Police have ruled it a suicide. News at 11.

    2. Re:This Just In by mapkinase · · Score: 2, Insightful

      This usually happens before an identity becomes public. And it never becomes public after that.

      --
      I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    3. Re:This Just In by IAmTheDave · · Score: 5, Informative

      Actually, THIS just in - AT&Ts request for return of evidence denied.

      --
      Excuse my speling.
      Making The Bar Project
    4. Re:This Just In by Anonymous Coward · · Score: 5, Funny

      According to police reports the victim had a total of 14 bullet wounds in the chest and head.

      "In all my years on the force, this is the worst suicide I've ever seen," said Office Malone.

    5. Re:This Just In by fusto99 · · Score: 5, Funny
      From the article:
      A federal judge Wednesday shot down telecom giant AT&T...
      So does that mean AT&T was found dead on the side of the road?
    6. Re:This Just In by Salty+Moran · · Score: 5, Insightful

      Some supporters of the Bush Administration have actually seriously suggested that blowing the whistle on this out of concerns of illegality SHOULD result in serious prosecution and detention.

      In fact, I monitor Little Green Footballs from time to time, and I thought to check the LGF spin on the matter, and one of the first things they did with the NSA phone database story was focus on the fact that it was a leak, not the concerns of the apparent illegality of the program.

    7. Re:This Just In by draggy · · Score: 2, Funny

      in 5 bags of ascending length. raising the bar!

      --

      Let's not all suck at the same time please

    8. Re:This Just In by Beryllium+Sphere(tm) · · Score: 4, Insightful

      I wish I could be sure that was funny. Not long before the Greek wiretapping scandal broke, Vodafone's network planning manager died suddenly in an apparent suicide. The world is full of coincidences, but that scandal was a Big Deal including eavesdropping on members of the Cabinet and even the Prime Minister.

    9. Re:This Just In by Daniel_Staal · · Score: 2, Informative

      I'm reminded of a certain politician from when I was in high school in Kenya. He was found dismembered, burned, shot, and in bag in the river.

      Official verdict: Suicide. "It could happen to anyone," was the judge's quote. (I think he was thinking it could happen to him.)

      --
      'Sensible' is a curse word.
    10. Re:This Just In by rben · · Score: 2, Insightful

      What do you mean, "some supporters?" Wasn't it reported that the Administration supports a bill that would make any kind of whistleblowing on Homeland Security illegal?

      If you've ever wondered why all the mergers of the telcos go unchallenged, this is the reason. If you only have to deal with a couple of companies, ones that know you can legally split them up under monopoly laws, you can make them do whatever you like. AT&T is almost as large as it was back before it was forced to divest.

      If we had a truely healthy telecomm industry with lots of companies competing with each other, we would have heard about this program as soon as it was suggested. One or more companies would have decided to stand up for their customers.

      Better yet, it's likely the program wouldn't have been suggested, because of the concerns that it would be leaked. The fewer companies the government has to work with, the easier it is to keep it quiet.

      BTW, I commend the gentleman who risked his freedom to protect the freedom of us all. He should get a medal.

      Just in case you're one of those who believes that you're safer with the government able to spy on every Internet transaction you make, remember, who is monitoring this traffic, it's underpaid civil service employees who have mortgages and kids to put through school. Sooner or later, one or more of them is going to use their privilaged access to swipe credit cards numbers or worse.

      If that's not enough to scare you, think about this can be used for political gain. Put in the wrong context, perfectly innocent Internet activity can be made to look bad. Who hasn't searched on an unfamiliar term only to get barraged by a million porn sites? Don't forget about what happens when you accidentally mispell a site name, as well.

      And here's the kicker. For those of you who love the Republican Party and are convinced they will never abuse this kind of power, do you really have the same kind of faith in the Democrats? (Personally, I have a lot more faith in the Dems, but that's just because I don't think they can keep anything secret.) We should never allow our government to have this kind of power. No matter how innocent the intentions, someone will eventually abuse it.

      If you truely think you are better off without a right to privacy, I expect you're soon going to find out why you are wrong. If you have any doubts about living in an age where the government can watch everything you do, now is the time to stand up and say something about it.

      --

      -All that is gold does not glitter - Tolkien
      www.ra

  2. Paranoid neo-con opinion notwithstanding... by i_want_you_to_throw_ · · Score: 4, Insightful

    Mark Klein is a great American hero and a patriot.

    Expecting the neo-con mod-down in 3...2...1..

    1. Re:Paranoid neo-con opinion notwithstanding... by surefooted1 · · Score: 4, Insightful

      Yep, that is what it is all about. People have long since forgot what being a true hero and patriot really meant. You don't have to grab a gun an form a milita to do your part. Well, you may if you wait long enough.

      More people need to stand up and expose governments ( Not just the U.S. ) for what they really are. Fight back people.

    2. Re:Paranoid neo-con opinion notwithstanding... by jambarama · · Score: 2, Insightful


      Absolutely. I don't know how joining the military & waving the flag became the only ways to be patriotic, but it has been so for some time. Think of Vietnam - most of the opposition came from people who were pro-american. And how were they percieved? Anti-American drug addicts.

  3. Update on lawsuit by Paladin144 · · Score: 4, Interesting
    From the summary: For its part, AT&T is asking a federal judge to keep those documents out of court, and to order the EFF to return them to the company."

    Forbes has an article on how the EFF has won the first round by getting the judge to agree that the documents should be released. Of course, AT&T will get a chance to scrub them clean of "trade secrets", a loophole they will no doubt abuse. However, at least the judge is showing a willingness to get down into the nitty-gritty.

  4. Court ruled yesterday by SpaceLifeForm · · Score: 4, Interesting
    EFF Link.

    Documents remain sealed, but remain in evidence.

    --
    You are being MICROattacked, from various angles, in a SOFT manner.
  5. Pfff. by kunwon1 · · Score: 5, Insightful

    Nothing will come of this.

    When the evidence surfaced, there was the usual fracas about rights and privacy and yadda yadda, and then nothing got done for a few days. Then, the contents of this so-called secret room became public knowledge (Those commercially available network monitoring devices that were mentioned in a previous slashdot article.)

    Those few days were more than enough to completely change the contents of that room. I'm not saying that that is what happened, I'm just saying that there is no way for us to know if the contents of the supposed secret room stayed the same. What would you do if you were the NSA and you were monitoring a goodly percentage of internet traffic and got found out? You'd try your damndest to hide it, because you're the NSA and that's what you do.

    Plus, if any of this gets successfully filed under 'Homeland Security' you're never going to get a judge to do anything but blow smoke.

    --
    Specialization is for insects. -Heinlein
    1. Re:Pfff. by Tweekster · · Score: 3, Insightful

      Not to mention the great journalistic integrity of the mass media managed to simply say "Well no one should care because it is for catching terrorists"
      The daily show had a nice montage of the so called journalists not bothering to uncover a real story.

      I dont get journalism, their is this prestige of it that people that go into journalism for ala Woodward and Bernstein. But they end up covering "so and so turned 100 today and she has this to say" and "Your house just burned down, your family was murdered, tell us how you feel"

      Then this oppurtunity comes along and they do nothing.

      When are people gonna start making journalist jokes similar to lawyer jokes. Both professions do have "good people" in it, but many many of them are just hacks and should not be looked up to.

      --
      The phrase "more better" is acceptable English. suck it grammar Nazis
  6. But does it run Linux? by mapkinase · · Score: 2, Insightful
    Yes, it does:
    Narus' product, the Semantic Traffic Analyzer, is a software application that runs on standard IBM or Dell servers using the Linux operating system.
    --
    I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
  7. Use certain words to clog the system by BrentRJones · · Score: 3, Funny

    In every email message mention cocaine, opium, attack the instillation, anthrax, bombs, nuclear, atomic & etc.

    wouldn't this slow down the efforts?

    --
    Help end the use of Sigs. Tomorrow
    1. Re:Use certain words to clog the system by bitt3n · · Score: 2, Funny
      In every email message mention cocaine, opium, attack the instillation, anthrax, bombs, nuclear, atomic & etc.

      congratulations. somewhere deep in the bowels of washington DC, the NSA server monitoring this website has just received its first slashdotting.

  8. Re:He's not a whistleblower! by GodfatherofSoul · · Score: 5, Insightful

    That's a flat-out wrong definition used by the Karl Rovian apologists. What does a "leaker" do when the subject of contention is the executive branch? Go to the cops and let the case get dropped? A leaker is anyone who discloses protected information, regardless of the recipient. A whistleblower is leaker releasing evidence of illegal or unauthorized activity or a coverup of that activity.

    I've been absolutely disgusted with the blind allegiance of my so-called brethren citizens who are actually gullible enough to propagate this nonsense. And, you know exactly what you're trying to do. Open your eyes and stand up against these tyrants before it's too late for ALL of us!

    --
    I swear to God...I swear to God! That is NOT how you treat your human!
  9. With Popular Soveriegnty... by DragonWriter · · Score: 4, Insightful

    ...the public is the ultimate authority, so there is no difference between revealing information to the public and revealing it to the authorities.

    The idea that there is a difference is a relic of the idea of government by a king whose authority came from some combination of divine grant, parentage, etc., and had nothing to do with the will of the people.

    1. Re:With Popular Soveriegnty... by ScentCone · · Score: 2, Interesting

      ...the public is the ultimate authority, so there is no difference between revealing information to the public and revealing it to the authorities.

      The idea that there is a difference is a relic of the idea of government by a king whose authority came from some combination of divine grant, parentage, etc., and had nothing to do with the will of the people.


      Nonsense. You're forgetting that part of the people's will is that their government act to do things dealing with security, especially needed against organizations and individuals who have said that they'll seek to kill US citizens and harm the economy, have actually done so more than once, and are saying, right now, that they are actively seeking to do more of the same. So, given that there is at least some appropriate, tangible activity for the counter-terrorism types to work on, and for the defense agencies to be working on... is it your contention that nothing they do should be kept out of general public info-circulation?

      Personally, I don't think that, say, some North Korean agent working in South Korea should have ready access to the surveilance that we're using to track ships full of North Korean drugs, missiles, and counterfeit currency. And I don't think that someone who suddenly decides that Kim Jong Il is a Really Swell Guy should be considered a "whistleblower" when the programs aimed at monitoring that or a similarly troublesome organization are blabbed to the NYT to score political points.

      Who cares if the "the public" is the ultimate arbitor of what's right/wrong? We elect people and have long-standing policies that happen to require a certain amount of secrecy in the interests of critical jobs. If you don't like the fact that secrecy is part of the mission, elect someone who promises to have no secrets. You'll have a lot of work to do, convincing a majority of voters that their Coast Guard, or their counter-intel agencies should operate in complete transparency for your comfort, with Iran or China thus having total access to the same information. Just like Nancy Pelosi was briefed on the NSA activity years ago, senior members of both parties in the house and senate are, and always have been well aware of the programs that they fund. Is it that you think people like Pelosi are just too dumb to understand what they're being briefed on? Then elect smarter representatives.

      --
      Don't disappoint your bird dog. Go to the range.
    2. Re:With Popular Soveriegnty... by DragonWriter · · Score: 2, Insightful

      Nonsense. You're forgetting that part of the people's will is that their government act to do things dealing with security, especially needed against organizations and individuals who have said that they'll seek to kill US citizens and harm the economy, have actually done so more than once, and are saying, right now, that they are actively seeking to do more of the same.

      Nonsense yourself. You are forgetting that part of the people's will is that their government not act to restrict the free flow of information, and that they have expressed that they consider that will to be paramount (hence, in the US, its Constitutional character), whereas the expressions of the aspect of the popular will you refer to are distinctly and expressly subordinate.

      So, given that there is at least some appropriate, tangible activity for the counter-terrorism types to work on, and for the defense agencies to be working on... is it your contention that nothing they do should be kept out of general public info-circulation?

      Nothing that they do outside of the powers that they have been granted in accordance with the law should be, to be sure; nor, in a similar, overlapping, but distinct category, should anything be kept out of the general public sphere that requires those officials to exceed the powers that they have been granted under law in order to keep the secret.

      Personally, I don't think that, say, some North Korean agent working in South Korea should have ready access to the surveilance that we're using to track ships full of North Korean drugs, missiles, and counterfeit currency.

      That's neither here nor there. We were talking about the false distinction between "leakers" and "whistleblowers" when discussing to whom they report official misconduct.

      And I don't think that someone who suddenly decides that Kim Jong Il is a Really Swell Guy should be considered a "whistleblower" when the programs aimed at monitoring that or a similarly troublesome organization are blabbed to the NYT to score political points.

      Inasmuch as there is a valid distinction between that and whistleblowing, it has nothing to do with who the reporting is to, but what the reporting is about (not wrongdoing), and, to a lesser extent, what the motivation is (not to report wrongdoing, but to advance a pro-Kim Jong Il agenda.) Such a "report" wouldn't be whistleblowing no matter who it was reported to.

      Who cares if the "the public" is the ultimate arbitor of what's right/wrong?

      Well, clearly, you and the Bush Administration do not.

      We elect people and have long-standing policies that happen to require a certain amount of secrecy in the interests of critical jobs.

      Yes, we do. And there are limits on the degree of secrecy we choose to allow; we allow classification for certain purposes with certain determinations, but expressly forbid it to conceal illegality. Revealing that those restrictions have been violated is a public service.

      If you don't like the fact that secrecy is part of the mission, elect someone who promises to have no secrets.

      I'm not against secrecy. I'm against the bogus argument that revealing information concerning official misconduct to the public through the media is somehow not "whistleblowing".

      Just like Nancy Pelosi was briefed on the NSA activity years ago, senior members of both parties in the house and senate are, and always have been well aware of the programs that they fund.

      Relevant to the NSA programs, members of both parties have said, after each of the major public revelations, that what they discovered in those revelations and subsequent briefings did not match what they had been told in the prior briefings. So the "they were briefed" argument hardly flies, since the briefings were, though politicians will rarely put it

    3. Re:With Popular Soveriegnty... by ceoyoyo · · Score: 4, Insightful

      You're forgetting one thing. The NSA doing domestic spying is illegal. In effect, the government has promised the people that the NSA will not spy on them, and is standing accused of breaking that promise.

      Someone leaking, say, intelligence agents' names in North Korea would not be reporting illegal activity to the public and so would not be a whistle blower. This guy IS reporting illegal behaviour, so he is a whistle blower.

      If the US government feels it needs to spy on its citizens then it should publicly repeal the laws and modify the mandates prohibiting this so the NSA activity would no longer be illegal. If the public doesn't object then they're fully justified.

  10. Re:In the spirit of bad slashdot analogies, by ignorant_newbie · · Score: 3, Funny

    >When will we see headlines talking about impeachment?

    don't be silly, impeachments are about sex, not abuses of power. Noone is giving the pres a blowjob in the oval office, ergo, no impeachment.

  11. Re:In the spirit of bad slashdot analogies, by ScentCone · · Score: 3, Insightful

    The question is, when will the dam finally burst? When will we see headlines talking about impeachment?

    Yes, that is a horrible, witless analogy. Impeachments aren't waiting in the wings, held back by some action from an administration. They are brought to the person in question based on actions, lying to grand juries, etc (ask the last president).

    If you're paying any attention to this story beyond simple partisan axe grinding, you'll find that people like Bush's arch-nemises in the house and senate (like Nancy Pelosi) have been briefed on these exact NSA programs since 2001, just weeks after 9/11. Why do you think that only the wingnuts, and not the actual-in-the-know political opposition (which would love to do anything to embarass Bush) aren't being very vocal on this particular subject? Because they know what it really does, have known about it for years, and recognize what a serious breach it is to have it spilling about in the news. Of course they don't mind the political damage it's causing when it's absurdly, factlessly spun in the media, but people like Pelosi know better than to directly attack on this subject - because she's in the same loop and has been for years.

    Will there ever be an end to the war on terra?

    It's so simple! Since it doesn't actually exist, all you have to do is stop uttering that stupid meme, and it goes away. Poof! You win the war on terra.

    --
    Don't disappoint your bird dog. Go to the range.
  12. Whistleblowing at AT&T by rxmd · · Score: 5, Funny
    T&T technician Mark Klein as the main whistleblower
    Wild guess: was it a 2600 Hz whistle?
    --
    As a state gets corrupt, its laws multiply; the most corrupt states have the most numerous laws. (Tacitus, Annales 3:27)
  13. Easy answers by Anonymous Coward · · Score: 3, Interesting

    The question is, when will the dam finally burst?

    I think it's about to. We'll see in November. Although I'm personally not voting Democrat, I'm splitting my vote among various losers, which is closest to "none of the above". I'm damned sick of both parties (although the Repubs have more of my ire at present).

    When will we see headlines talking about impeachment?

    As I'm old enough to have voted for Nixon, I'd say as soon as the Democrats control both Senate and Congress.

    When will people finally wake the fuck up and say enough is enough?

    Never. Cows don't revolt.

    Will there ever be an end to the war on terra?

    Will there ever be an end to the war on drugs? That started with Nixon (analgies analogies!)

    Will we ever see a terror level below yellow?

    Not so long as the President is yellow. In fact, the whole Federal Government seems to be full of cowards, wimpily cowering before the big bad Muslims.

    Does anyone believe the bushit?

    Unfortunately, yes. You only have to read Slashdot to see that... and these are supposedly nerds, supposedly intelligent. I wonder what they're talking about over at the People Magazine forums? Probably this, this or this.

    It's pathetic. I should move to Amsterdam.

  14. Re:He's not a whistleblower! by Politburo · · Score: 4, Insightful

    You're right. He's not a whistleblower. He's a hero and a true patriot.

  15. 10 bucks on... (was:Paranoid neo-con opinion...) by Lead+Butthead · · Score: 3, Insightful

    Ten bucks on Mr. Klein soon to be sued by AT&T, and pursued by district attorney for thieft of AT&T company property (namely the said documents.)

    --
    ELOI, ELOI, LAMA SABACHTHANI!?
  16. Only if they mark: [X] Death wish on form H57J by MarkusQ · · Score: 4, Insightful

    Whistleblowers go to the authorities (police, management, congress, etc).

    Leakers go to the media.

    Uh right. So, if you're a cop and you discover that the police chief and a bunch of your fellow officers are in cahoots with drug smugglers, you just go tell...who?

    If you find out damning information about people who have the ability to have you killed (even if you don't think they'd do it) you have three basic choices:

    • Tell the media, anonymously, or otherwise spread the information (with whatever proof you have) far and wide as fast as you can
    • Be an idiot and tell someone "in authority" who may well be in on it
    • Be a greedy idiot, and try to blackmail them

    Your distinction isn't between "wistleblower" and "leaker" it's between "dead sap" and "live whistleblower."

    --MarkusQ

    P.S. In any case, even if you do get it out in time that they don't gain anything by shutting you up, you can expect to get fired so they can dismiss you as a "disgruntled former employee," and, if you've really got the dirt on them, you may also get your very own swiftboating.

  17. Re:He's not a whistleblower! by Salty+Moran · · Score: 2, Insightful

    The most appropriate channel to begin discussion on government corruption is the media, because the people who are responsible for stopping abusive government are the people.

    Whistleblowers go to the authorities to stop companies because it is the law's duty to deal with the problem.

    Leakers go the press to stop government abuses because it is the electorate's duty to deal with the problem.

  18. Re:He's not a whistleblower! by Red+Flayer · · Score: 4, Insightful

    "And yes kiddies, that means that the so called Whistleblower in the Nixon case who was named for a porn flick was in fact simply a leaker.

    Wrong. The 'authorities' were part of the problem, Deep Throat went to the highest authority -- the people (via the media).

    Not that DT was completely altruistic in his motives, but when the corruption is at the highest level of government authority, the only power who has authority of them is the people.

    Just to toss out an ad hominem / straw man: Or do you believe that the people have no authority over government? And that the only body the government answers to is itself? With the recent destruction of the balance of power and checks & balances, to tell you the truth, it's becoming that way. IMO.

    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  19. Re:He's not a whistleblower! by wmshub · · Score: 3, Insightful

    Whistleblowers are a type of leaker. It doesn't matter who they report to. What makes them a whistleblower is the reason for the leaking: Whisleblowers leak information in order to expose illegal or unethical activity being done by the organization they are a member of.

    So yes, deep throat was a whistleblower, as is Mark Klein.

  20. Re:He's not a whistleblower! by syphax · · Score: 3, Insightful


    I'm with you on name-calling (it's fun but it doesn't exactly promote dialog), but please tell me how your use of hard core left leaner is not name-calling? And WTF is a hard core leaner, anyway? Don't moderates lean one way or the other, while the hard core guys are all the way out?

    Also, grandparent supported his argument with a relevant example (follow the link), so it's not the case that he's got "no other option." Unlike... your response?

    --
    Simple Unexpected Concrete Credible Emotional Stories
  21. Re:Stupid article by Iphtashu+Fitz · · Score: 5, Informative

    There is absolutely no possibility that it's something like an AT&T monitoring system to make sure that its employees are not committing fraud, hackers are not abusing the network, etc...

    Not only did he not have access to it, but he also stated: "The telltale sign of an illicit government spy operation is the fact that only people with security clearance from the National Security Agency can enter this room."

    The NSA doesn't monitor communications businesses for fraud, hacking, etc. That's not their job. Their job is signals/intelligence collection and analysis. A room in a datacenter that's off-limits to everybody but people with NSA security clearences is basically screaming "I'm a massive phone/data tap".

  22. Re:In the spirit of bad slashdot analogies, by surefooted1 · · Score: 2, Interesting

    The bush presidency is like a dam with a crack in it. At present, the crack is fairly small, but water is leaking out and the crack is widening. The question is, when will the dam finally burst? When will we see headlines talking about impeachment? When will people finally wake the fuck up and say enough is enough? Will there ever be an end to the war on terra? Will we ever see a terror level below yellow? Does anyone believe the bushit?


    Do you actually believe that the government would be any less power hungry if someone else was in power. They have gradually been taking more and more freedoms exponentially. Do you seriously think that the next president regardless if they are Republican or Democrat will give any of these freedoms back? Well, maybe superficially, but in whole, no.

  23. Re:Stupid article by Pantero+Blanco · · Score: 4, Insightful

    Then why is AT&T's defense "We were forced to do it by the Government" instead of "We didn't do it"?

  24. The article is fairly specific by WillAffleckUW · · Score: 2, Interesting

    Note the inferences from internal documents that such rooms were built not just in San Francisco, but in Seattle and other cities.

    Also note that this is literally vacuuming up all the message traffic which bounces thru all these locations, even if it's US to US.

    Theoretically, they could then disregard traffic that is US to US, but the tendency among intel agencies is to always build it so that you can inspect the raw flow when you want to.

    Another easy thing they could do is just "backup" the call logs from any of the switches, which record the keypress, routing, connect, and status of phone calls for any landline or cell phone - it's just a log file, easy to make a copy with a fairly inexpensive device patch. Or just run a cron job to do it.

    --
    -- Tigger warning: This post may contain tiggers! --
  25. State secret? by jd · · Score: 4, Informative
    The Government is apparently trying to get the evidence quashed independently, claiming state secrets priviledge. (The Wired article claims that this comes from UK Common Law, but UK common law comes from the Magna Carta and the Magna Carta made no such provision. Indeed, it stated clearly that nobody could be denied the right to justice, and that courts were forbidden from ruling on the basis of a single person's unsupported testimony, which is what a secrecy order without proof would be.)


    In the same way that a trade secret that becomes public ceases to be protectable as a trade secret, I would have though that this would cease to merit any protections as it is self-evidently no longer secret, whatever the state may say.


    So, on the basis that state secrets does NOT appear to be a valid piece of Common Law, and that there is no secret left to protect, I can see no justification for quashing this evidence. Furthermore, as the documents HAVE been published openly, AT&T have lost all rights to their claim of trade secrets, and so I can see no obvious justification of the evidence even being sealed. We already know what the bulk of it says, as it's online!


    The argument over who is right and who is wrong is, in this case, largely academic. The tapping has already been done, the publication has already been done. All the damage either side could possibly suffer is all past-tense. What is present-tense is what arguments either side present to justify their actions, and what evidence they are permitted to present in support of their claims.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  26. Re:Correct me if I'm wrong... by Iphtashu+Fitz · · Score: 2, Insightful

    But IF... IF this spying program is meant to protect Americans from potential terrorist attacks, wouldn't it be better AS public knowledge?

    Wouldn't the terrorists just say, "Crap, they know about it! Call it off."


    When bin Laden finally realized that he was being tracked by the satellite phone he used to use, he simply stopped using it and reverted to writing things down on paper. Much slower, but also much more difficult to intercept. He certianly didn't just give up because he couldn't talk to them on the phone any more.

    Committed terrorists will simply stop using high technology devices like cell phones, the internet, etc. to communicate with each other since it's been demonstrated that the government can and will intercept everything they possibly can. The terrorists will just go back to using snail-mail, word of mouth, etc. Again, it'll take longer but it'll also prove more secure. Unless, of course, the NSA then moves to have operatives put in every US Post Office to read every piece of mail that's sent in the country.

  27. Is it truly a bad slashdot analogy or not? by WillAffleckUW · · Score: 5, Insightful

    Yes, that is a horrible, witless analogy. Impeachments aren't waiting in the wings, held back by some action from an administration. They are brought to the person in question based on actions, lying to grand juries, etc (ask the last president)

    Actually, if two states file for impeachment, the Congress has to start proceedings.

    It's this thing called the Constitution: learn it, love it.

    We have to remember the last Presidency to fall for this was for just using tape recorders to tap just one phone, which then revealed taped conversations in only one room (the Oval Office) - the information in those tapes was what resulted in the hearings.

    Oh, and there was some issue of a quagmire of a war that we didn't need to fight that was bankrupting the nation for no reason. no historical correlation to today, of course ...

    Now where did i leave that sarcasm key ...

    --
    -- Tigger warning: This post may contain tiggers! --
    1. Re:Is it truly a bad slashdot analogy or not? by phantomlord · · Score: 2, Interesting
      Actually, if two states file for impeachment, the Congress has to start proceedings.

      It's this thing called the Constitution: learn it, love it.

      The states have absolutely no power of impeachment, only the House of Representatives can initiate impeachment and the Senate tries the case. Also please note, for those who have discussed it after Russ Feingold wanted to censure Bush, that the sole punishment by Congress is removal and banning from office.

      From http://www.house.gov/house/Constitution/Constituti on.html

      Article 1, Section 2:
      Clause 5: The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

      Article 1, Section 3:
      Clause 6: The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
      Clause 7: Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

      From the American Bar Association website http://www.abanet.org/publiced/impeach2.html

      Q. What procedures does the House of Representatives follow in the impeachment process?
      A. While the Constitution outlines the basic process for impeachment, the specific procedures are determined by the internal rules of the House of Representatives and the Senate. To begin, the House of Representatives refers the investigation to its Judiciary Committee, which reviews the evidence and may conduct hearings. It determines whether an official impeachment inquiry is warranted and, if so, asks the House for permission to proceed. An official investigation follows, with the Committee deciding whether to offer articles of impeachment to the full House. The House then votes separately on each of the articles, with a simple majority needed to impeach the official. Articles of impeachment approved by the House are then presented to the Secretary of the U.S. Senate for trial.

      --
      Don't leave your mind so open that your brain falls out. Don't close it so much that you cut off the blood.
  28. Where does due process of law fit in by MikeRT · · Score: 5, Insightful

    This goes back to an argument my someone I know and I have had over this. She's mostly pro-Bush, I... voted for Badnarik because of Bush. I support law and order... real law and order. I think that national security is never a justification for attacking due process of law. Even if we have to have secret trials by jury because the evidence is so dangerous, I don't think things should be hidden from the courts.

    Like a lot of Bush supporters, she cites the leaks of information as reasons to not take this to court, but I say just prosecute people who leak information that needs to be confidential and that the public really doesn't need to know about. However, national security is never grounds to hide from judicial review attacks on the Constitution. People who bring evidence of criminal or unconstitutional actions need to be protected by the courts.

    Something has to be done to protect these people. If I were governor, I would give him a state police protection detail and make it be known that any federal agent who tries to arrest him will be charged with felony kidnapping in a state court. The states need to stand up and protect their citizens. My state, VA, has an obligation to me to protect me from unconstitutional federal abuse because if the feds act outside of the enumerated powers, it's state jurisdiction and any federal coercion in that respect is criminal conduct. Federal agents who abuse, injur or kill people, especially outside of the Constitution's limits on their jurisdictions are criminals, not law enforcement agents and ought to be prosecuted by the the states accordingly.

  29. Re:He's not a whistleblower! by GodfatherofSoul · · Score: 2, Insightful

    I call you that because this strained definition of leaker VS whistleblower originates from the Bush administration trying to equate their leaks of a CIA agent's identity to that of any other innocuous information fed to the press; and at the same time remove the saintly aura of *Whistleblower* status from the hordes of disillusioned executive branch employees who've now gone public.

    --
    I swear to God...I swear to God! That is NOT how you treat your human!
  30. BUSTED! by swschrad · · Score: 2, Insightful

    got 'em dead to rights as I read it. now, if this was authorized under the telecom act, no issues. if not, the class-action lawsuit and the pending FCC investigation should bankrupt the long-haul companies that implemented the spytaps.

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
  31. A hunch by Gabesword · · Score: 3, Interesting

    Call it a hunch but I believe that if not now, then definatly in a few years, words like torrent, mp3, and avi will work just as well as bomb or Jihad. Our government has been bought and paid for and today's terror monitoring is tomorrow's corporate sponsored public monitoring.

  32. Mark Klein is a true patroit, a real American by harshmanrob · · Score: 4, Insightful

    Mark Klein and all others who expose these attacks against American's civil liberties are true heros to the Republic. These neocon scumbugs know their days are number and will have to go all out on police state in order to continue against the American people, who are the REAL suspect and criminals behind 911, not some fantasy outfit called al Qaeda/make believe war on terror.

  33. Missing the obvious by Tiber · · Score: 2, Interesting

    HOLY HELL DO YOU MEAN THAT ALL MY INTERNET TRAFFIC IS UNENCRYPTED AND CAN BE SEEN BY ANYONE ON THE INTERNET?

    Folks, the Big Thing everyone is missing here is that any clown with a packet sniffer can see just about anything.

    Chances of this turning into some giant impeachment proceeding? Nil. Why? Because similar to the pen registers (which are also warrantless), there is no assumption of privacy on the internet. Everything sent in plaintext is plain to see. Now, should the NSA be required to get a warrant to break the encryption on encrypted data? Yes, there is an assumption of privacy. Can they log it without breaking it? Absolutely. Having your encrypted data in still encrypted format does not violate your privacy.

    Dear lord, stop bitching and actually start thinking it through. You're telling me none of you have ever fired up ettercap or whatever at the office?

    1. Re:Missing the obvious by Iphtashu+Fitz · · Score: 2, Interesting

      Well the problem is you don't have any evidence to assert your idea.

      True, there's no evidence that's been made public. Yet. But if you think they're going to sit on encrypted data that they intercept and not do anything with it then you are in real need of a reality check.

      Here's the NSA's own description of themselves:

      The National Security Agency/Central Security Service is America's cryptologic organization. It coordinates, directs, and performs highly specialized activities to protect U.S. government information systems and produce foreign signals intelligence information. A high technology organization, NSA is on the frontiers of communications and data processing.

      and

      Signals Intelligence (SIGINT) is a unique discipline with a long and storied past. SIGINT's modern era dates to World War II, when the U.S. broke the Japanese military code and learned of plans to invade Midway Island.

      and

      NSA employs the country's premier cryptologists. It is said to be the largest employer of mathematicians in the United States and perhaps the world. Its mathematicians contribute directly to the two missions of the Agency: designing cipher systems that will protect the integrity of U.S. information systems and searching for weaknesses in adversaries' systems and codes.

      So let's see. The NSA is apparently collecting vast amounts of internet data, something they wouldn't just go out and do on their own but would have the ok of the federal government (or at least the White House) to do. The NSA's stated purpose is analysis of that data, some of which may be encrypted. The NSA is "America's cryptologic organization", and "employs the country's premier cryptologists". Since the federal government (or at least the White House) has apparently already given the NSA the authority to collect all this internet traffic, they're going to do what they're tasked with doing, which is analyzing the data they collect. If some of that data is encrypted then they're not going to simply ignore it. They have the tools necessary to try to decrypt it, so why shouldn't they? I seriously doubt the feds and/or White House told the NSA "go ahead and look at whatever is in plain-text but don't you dare touch anything that's encrypted".

    2. Re:Missing the obvious by lawpoop · · Score: 2, Insightful

      "Folks, the Big Thing everyone is missing here is that any clown with a packet sniffer can see just about anything."

      That's not true. You can only see what's going on on your local network. OTOH, this government program is reviewing practically all internet traffic. Do you see the difference there? I can probably sniff what my neighbor is reading on my cable link, but I won't be able to sniff what Joe Nobody is doing clear on the other side of the country (unless I hack into routers/machines on his network --but that involves hacking, not just sniffing.) .

      The government is now tracking all of us, without a warrant or probably cause. We all now have a file, albeit small and digital, a file nonetheless.

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
  34. Re:In the spirit of bad slashdot analogies, by Anonymous Coward · · Score: 5, Insightful

    "If you're paying any attention to this story beyond simple partisan axe grinding, you'll find that people like Bush's arch-nemises in the house and senate (like Nancy Pelosi) have been briefed on these exact NSA programs since 2001, just weeks after 9/11."

    You pretend to be non-partisan, but this is the current partisan Republican party line. "Democrats do horrible things too, so don't complain when we do horrible things. Democrats in Congress voted for the USA PATRIOT Act, so stop blaming us."

    This is missing the entire point. Both Republicans and Democrats in Congress are responsible for the current evisceration of the liberties some of us still demand. Just like those Democrats who blame the Republicans, you are unable to see past your my-team your-team warfare to realize that the Republicans in power, just like the Democrats in power, are responsible for this.

    When will you realize that your sacred Republican leaders of this vicious circus don't deserve defense just because the Democrats have helped them gain nigh-totalitarian control?

  35. Re:Stupid article by Castar · · Score: 4, Insightful

    And of course, if they were sued over such a program, the Bush administration would immediately file a brief saying no evidence about it could be made public for national security reasons.

    No, sorry... No one is bothering to say "this isn't true", they're saying "we can't let this come out because it will damage national security". To me, that's pretty much admitting the program exists and does what is alleged, probably more (which is why they're willing to fight so hard to keep the details secret).

    This has been brewing since the initial wiretapping scandal. The reason the administration insisted so loudly that they didn't need to get FISA approval (even though it would have been easy) is because there's more going on here. They've got some sort of system set up that monitors all communications and data-mines the content for terrorist (and probably criminal) activity. They can't possibly get a warrant to examine every single phone call ever made, which is why they say they don't need a warrant.

    However, I don't think they're doing it out of malice, or anything. Not yet, anyway. I think they probably are using it mostly for intelligence needs currently. But just as the Patriot Act is increasingly being used to try non-terrorist suspects, and the very terms "terrorist" and "weapons of mass destruction" are being re-defined in court, it won't be long until this data-mining is being used for everything the government wants to do.

    If you're not worried about the system being used to look for terrorists, imagine it being used to look for tax fraud or illegal gun ownership. Then decide if you want this system in place.

    --
    I yearn for you tragically. A. T. Tappman, Chaplain, U.S. Army.
  36. Wireless by soapee01 · · Score: 2, Interesting

    Does anyone know if cell phone records are lumped in? I was considering a switch to Cingular. I may just wait and see how this plays out.

  37. Re:In the spirit of bad slashdot analogies, by Tibor+the+Hun · · Score: 2, Informative

    The worst ones are the fuckers that voted for him in the 2nd round, and now are all disappointed and disaproving.
    WTF?
    They couldn't see that the guy has no clue about terrorism, liberty and security until after all his ideas costs us thousands of lives, loss of rights, and loss of international credibility?

    I actually heard people say they're glad about security checkpoints at stadiums and other family venues.
    I lived in a communist country once, and I can tell you, in some respects this place is just as much of a big brother as the ex Yugoslavia.

    And to even think that they chose 2 guys for Commander in Chief and VP who have never actively served in a war, and went as far out of their way as they could so as not to serve, over a decorated veteran. (In a time of war, no less.)

    I'm proud to be an American, well at least I know I'm free...
    Yeah, you guys keep singing that...

    --
    If you don't know what AltaVista is (was), get off my lawn.
  38. Addressee Unknown by Anonymous Coward · · Score: 2, Interesting

    There's a story called "Addressee Unkown" by Kathrine Kressmann Taylor that might portray a more realistic outcome rather a DDOS. You've gotta remember the NSA has a lot of hardware -- they are government.

    In the story, two friends correspond: one who left nazi germany for the states and one who stayed. The one who stayed started justifying the nazis, which pissed off his buddy who was a Jew. For retaliation, he started writing back dropping Jewish references. The guy in Germany started freaking out asking him to stop because it was causing him to be investigated.

    Instead, a letter eventually came back to the American undelivered and marked "Addressee Unknown".

    I had a similar effect emailing my annoying brother in law who robbed me of my inheiritance. I used to pepper my messages to him in a similar manner. He's on the Do Not Fly Under Any Circumstances List. Coincidence?

  39. Re:Stupid article by Iaughter · · Score: 5, Interesting
    Then why is AT&T's defense "We were forced to do it by the Government" instead of "We didn't do it"?

    Because they weren't legally required to do it. They were merely pressured to do it.

  40. Re:In the spirit of bad slashdot analogies, by MrNougat · · Score: 5, Insightful


    If you're paying any attention to this story beyond simple partisan axe grinding, you'll find that people like Bush's arch-nemises in the house and senate (like Nancy Pelosi) have been briefed on these exact NSA programs since 2001, just weeks after 9/11. Why do you think that only the wingnuts, and not the actual-in-the-know political opposition (which would love to do anything to embarass Bush) aren't being very vocal on this particular subject? Because they know what it really does, have known about it for years, and recognize what a serious breach it is to have it spilling about in the news. Of course they don't mind the political damage it's causing when it's absurdly, factlessly spun in the media, but people like Pelosi know better than to directly attack on this subject - because she's in the same loop and has been for years.


    The text above presumes that the congressional oversight committee for these programs has the power to actually do anything. This presumption is incorrect.

    The small committee briefed on these NSA programs is prohibited from discussing the programs anywhere outside the briefings. So what is a committee member to do if they have concerns? Ask someone outside if, hypothetically, some hypothetical NSA program could be improper? No way - that would put you in jail. Even after the programs are semi-public, these committee members are still prohibited from discussing the programs. Pelosi herself, in an NPR interview a few weeks back, expressed that she had wanted to speak out on the warrantless wiretap program from the very beginning, but was powerless to get external verification of her concerns, because doing so would reveal that the program existed.

    Could the committee do something internally, by itself? Perhaps, were it so moved. But since the committee is heavily Republican, the likelihood of that happening is slim (though growing somewhat wider in a time where Republicans seem to want to portray themselves as standing independent of the president, at least until after Nov 2006. But I digress).

    That's why you don't see anyone from the "oversight" committee saying anything. Because the oversight committee is just for show, actually having no real power of oversight. Real oversight would allow for accountability, and no one can be held accountable for programs that no one is allowed to talk to anyone about.

    Thank god for whistleblowers.

    --
    Web 2.0 == Giant Blogspam Circle Jerk
  41. you witless stooge by rodentia · · Score: 4, Insightful

    If you're paying any attention to this story beyond simple partisan axe grinding, you'll find that people like Bush's arch-nemises in the house and senate (like Nancy Pelosi) have been briefed on these exact NSA programs since 2001, just weeks after 9/11.

    This statement can have no basis in fact without your personal presence on Senate or House intelligence committees. Having lied at every opportunity and avoided those venues where such lying would be criminal (FISA) why would this administration choose to reveal the truth to Feinstein, Boxer and Pelosi, et. al.

    Why do you think that only the wingnuts, and not the actual-in-the-know political opposition (which would love to do anything to embarass Bush) aren't being very vocal on this particular subject?

    Because the loyal opposition is so cowed by the Bloody Shirt of Terror that they cannot bring themselves to confront the administration on this or any other aspect of the War on Dust.

    Because they know what it really does, have known about it for years, and recognize what a serious breach it is to have it spilling about in the news.

    No one knows what it really does except the spooks who built it. As to the case for a serious breach, enumerate for me the lives lost in consequence of any of the numerous breaches in this notoriously leaky ship of state. Now form a ratio with the number of lives lost to the mindless, indeterminate and interminable wars the administration has declared on a) information, b) wingnut islamists making political hay on the street in the crescent out of our belligerence and c) the secular parties who are our natural allies in the region. Limit yourself to righteous and holy 'Merkin lives if you so desire.

    In short, go soak your head.

    --
    illegitimii non ingravare
  42. Re:In the spirit of bad slashdot analogies, by DragonWriter · · Score: 4, Insightful
    If you're paying any attention to this story beyond simple partisan axe grinding, you'll find that people like Bush's arch-nemises in the house and senate (like Nancy Pelosi) have been briefed on these exact NSA programs since 2001, just weeks after 9/11.


    Whether they were briefed on the "exact" programs or not is not clear; apparently, Pelosi was briefed on something related to the program that came to light months ago, and objected to it when she was briefed on it. OTOH, since the program that has recently come to light is not the same one that was revealed months ago, its not at all clear who was briefed on what, though in order to provide political cover, the administration has released lists purporting to account the number of times particular members received some briefing relating to the NSA surveillance programs.

    But the number of briefings isn't the issue, even when you restrict it to whether Congress was informed. The completeness and accuracy of the briefings is the issue.

  43. Re:In the spirit of bad slashdot analogies, by Anonymous Coward · · Score: 5, Insightful
    arch-nemises in the house and senate (like Nancy Pelosi) have been briefed on these exact NSA programs since 2001, just weeks after 9/11

    Based on the runup to the Iraq War and essentially all other actions undertaken by congressional democrats in the last four years, I disagree with your assessment of the idea that Nancy Pelosi is an adversiary of George W. Bush.

    the actual-in-the-know political opposition

    I furthermore disagree with your claim that there exists an "actual in-the-know political opposition".

    Because they know what it really does, have known about it for years, and recognize what a serious breach it is to have it spilling about in the news. Of course they don't mind the political damage it's causing

    I furthermore disagree with your dual implications here that
    1. The "serious breach" that public knowlege of this program represents, and the "political damage", are two different things
    2. Congressional democrats "don't mind", or are in some way beneficiaries of, the "political damage" here

    Personally I think top-ranking congressional democrats are just as much potential casualties of the "political damage" that this breach makes possible, as the White House is. The toadyism in Congress crosses party lines, and I think congressional democrats such as Ms. Pelosi need very badly to keep their base from finding out exactly how badly they have been sold out.
  44. All the more reason why hackers are a good thing! by chazzzzy · · Score: 2, Insightful

    The famous hacker Kevin Poulsen in the book "The Twisted Life and Crimes of Serial Hacker Kevin Poulsen" discovered computers in secret rooms in AT&T that could tap any phone in America.. and this was in the early 90's. They were tapping mafia guys.... but without a court order... so AT&T's been illegally tapping phones at least since then.

  45. Re:He's not a whistleblower! by Beryllium+Sphere(tm) · · Score: 2, Interesting

    >Whistleblowers go to the authorities (police, management, congress, etc).

    >Leakers go to the media.

    In which category would you place the action of filing evidence in a court of law?

    The EFF sued ATT over eavesdropping in January. Mark Klein came forward with his evidence in April and as near as I can tell (press acounts *are* unclear) offered it to the EFF to be entered into evidence before the court.

    >the authorities (police, management, congress, etc)

    I, and many others through US history, would argue that the voters belong on that list. The voters are tasked with evaluating the performance of elected officials and are authorized to fire them for poor performance, endangerment, or simple disagreement. The media convey information to voters. Going to the media means going to the voters.

  46. Re:Correct me if I'm wrong... by rossifer · · Score: 2, Insightful

    How's it effective? He and other members of al Queada have demonstrated extreme patience when planning terrorist attacks. Avoiding the use of phones, the internet, etc. to communicate certianly hasn't stopped them. Or do you consider simply delaying attacks as "effective"?

    This is exactly my argument for rolling back the police state.

    Since denying US citizens rights to privacy, free speech, free assembly, and a free press will only slow terrorist groups like al Queda down slightly, if at all, they are ineffective, and our rights should be restored. Won't happen, but should happen.

    Regards,
    Ross

  47. Re:Doesn't work anymore by Mister+Whirly · · Score: 2, Insightful

    look at the spam that makes it through to your inbox - filters can be circumvented. Besides, would any serious terrorist speak in unencrypted, uncoded phrases oven an unprotected medium?? They are going to bust backseat "shoe bombers" and obvious dumbasses like Zacharias Moussouai at best... This is going to have zero effect on catching terrorists and huge potenetial for political abuses...

    --
    "But this one goes to 11!"
  48. How-to by Delusional · · Score: 5, Funny

    Just a note to our current administration - Orwell did not intend 1984 to be a how-to.

  49. Re:Stupid article by ad0gg · · Score: 2, Funny
    The NSA doesn't monitor communications businesses for fraud, hacking, etc. That's not their job. Their job is signals/intelligence collection and analysis. A room in a datacenter that's off-limits to everybody but people with NSA security clearences is basically screaming "I'm a massive phone/data tap".

    Not only that, they aren't allowed to gather intelligence on American citizens. Only the fbi can.

    --

    Have you ever been to a turkish prison?

  50. Re:Stupid article by roccomaglio · · Score: 2, Interesting

    This is a large leap in logic in the article. Having a NSA security clearance does not mean that someone works for the NSA. He stated: "The telltale sign of an illicit government spy operation is the fact that only people with security clearance from the National Security Agency can enter this room." He assumed that this meant the people worked for the NSA. Having an NSA security clearance does not mean that someone works for the NSA (did I already say that). Having a security clearance means that the person was checked out by the NSA and found not to be security a risk. These background checks general consists of not being heavily in debt, not having been convicted of a felony, not working for a foreign government, etc. Running a though background check on people who who have access to this room and software may be good idea.

  51. What? by GuloGulo2 · · Score: 2, Informative

    "UK common law comes from the Magna Carta"

    Hmm, that's funny, you seem to be completely wrong.

    http://en.wikipedia.org/wiki/Common_law

    "In 1154, Henry II became the first Plantagenet king. Among many achievements, Henry institutionalised common law by creating a unified system of law "common" to the country through incorporating and elevating local custom to the national, ending local control and peculiarities, eliminating arbitrary remedies, and reinstating a jury system of citizens sworn on oath to investigate reliable criminal accusations and civil claims. The jury reached its verdict through evaluating common local knowledge, not necessarily through the presentation of evidence, a distinguishing factor from today's civil and criminal court systems."

    http://en.wikipedia.org/wiki/Magna_Charta

    "Magna Carta (Latin for "Great Charter", literally "Great Paper"), also called Magna Carta Libertatum, was an English charter originally issued in 1215. Magna Carta is the most significant early influence on the long historical process that led to the rule of constitutional law today."

    So, even though common law existed before the Magna Carta, it was...based...on...the...Magna Carta...?

  52. Re:Correct me if I'm wrong... or why Spys R Gud by lynx_user_abroad · · Score: 2, Insightful
    Quick, in 10 seconds, how do you say "Our operative in Munich was tailed, so we switched to our Spanish connection. Either Ahmed or Siddiq, I'm not sure, but he has to know that if the transfer happened less than a month ago to not try to clear the funds."

    This from the Risks forum, back in 1991:

    http://catless.ncl.ac.uk/Risks/11.71.html#subj2.1

    From the article:

    "There has been plenty of discussion about SB266 requiring all communication equipment to provide the plaintext to the government on demand. Well, I've decided if they want plaintext, give them plaintext. I've written a program that will convert any file into strings from a context-free grammar. The bits are recovered by parsing. To test it's viability, I created two grammars and a program to do the work."

    "The first converts any file into the radio commentary of a baseball game between two teams, The Blogs and the Whappers. Could something as American as baseball be hiding something?..." A very interesting read.

    --

    The thing about things we don't know is we often don't know we don't know them.

  53. Re:Stupid article by SoulRider · · Score: 2, Insightful

    or for Atheists or poor people.

  54. Re:Doesn't work anymore by SideshowBob · · Score: 3, Insightful

    Besides, would any serious terrorist speak in unencrypted, uncoded phrases oven an unprotected medium??

    Yep, exactly right, which is why it's bullshit that this is about terrorism. This is about spying on Americans. They want to know who is leaking things like Abu Ghraib photos, or info about the torture camps in Eastern Europe.

  55. The fine print: delegation is a wonderful thing. by abb3w · · Score: 4, Informative
    I am also curious where in the Document you find such a power granted to the states

    In the very fine print. Article I, section five: "Each House may determine the rules of its proceedings".

    Section 603 (in sec. LIII) of Jeffereson's Rules of the House of Representatives (omitting crossreferences, emphasis added):

    [...]there are various methods of setting an impeachment in motion: by charges made on the floor on the responsibility of a Member or Delegate; by charges preferred by a memorial, which is usually referred to a committee for examination; or by a resolution dropped in the hopper by a Member and referred to a committee; by a message from the President; by charges transmitted from the legislature of a State or Territory or from a grand jury; or from facts developed and reported by an investigating committee of the House.

    I don't know where the GP post got two states from; as far as I can see, it only takes one state legislature filing charges to start a bill of impeachment. Not that such means the House has to pass the bill if the charges show up; and the Senate doesn't get (legally) involved unless the House passes the bill. But charges sent by a state legislature are enough to start the process. Of course, a lot of bills of impeachment have been introduced in our history; most have been killed quickly, one was aborted by a resignation, and two went to trial in the Senate. It's not until either of the latter looks likely that things get interesting.

    --
    //Information does not want to be free; it wants to breed.
  56. Re:He's not a whistleblower! by finkployd · · Score: 2, Insightful

    Funny thing about Congress... certain members have been kept up to date on these operations since they were first created and yet several of them (most notably Nancy Pelosi) have expressed their outrage about finding out about these programs despite the fact that many knew since late 2001!

    That's funny, are you under the impression that it would have been legal for Pelosi to express knowledge, let alone outrage, regarding this program before it was disclosed publically? The congressional committies are effectivly useless in this regard because it would be a violation of national security for them to exercise any actual oversight.

  57. How old are you? by cagle_.25 · · Score: 2, Informative
    You have a different version of the 70's in your head than I do.

    Impeachments aren't waiting in the wings, held back by some action from an administration. They are brought to the person in question based on actions, lying to grand juries, etc (ask the last president)

    Actually, if two states file for impeachment, the Congress has to start proceedings.

    It's this thing called the Constitution: learn it, love it.

    We have to remember the last Presidency to fall for this was for just using tape recorders to tap just one phone, which then revealed taped conversations in only one room (the Oval Office) - the information in those tapes was what resulted in the hearings.

    Oh, and there was some issue of a quagmire of a war that we didn't need to fight that was bankrupting the nation for no reason. no historical correlation to today, of course ...

    Nixon resigned because of the Watergate scandal which climaxed with the the Watergate tapes, uncovered by Mssrs. Woodward and Bernstein.

    But he wasn't impeached. He would have been, of course; articles of impeachment were already being planned. However, he wasn't, so the last President to "fall for this" would have to be Andrew Johnson.

    More importantly, Nixon's troubles had very little to do with his role in Vietnam. The country had been unhappy about Vietnam, and they were unhappy with the incident at Kent State (which led to the CSN song about "four dead in Ohio"), but the nation didn't blame Nixon for the war per se.

    For one thing, our involvement in Vietnam ramped up under Kennedy and Johnson. For another, Nixon was the one who brought the troops home. Here's a timeline for ya: here.

    Nixon did make a couple of unpopular Vietnam decisions, such as the Cambodia and Laos actions, but by '74 when he resigned, the nation understood that the troops were coming home.

    --
    Human being (n.): A genetically human, genetically distinct, functioning organism.
  58. Re:Stupid article by Castar · · Score: 3, Insightful

    Absolutely. But would you or the American people vote to allow the NSA to tap your phones to fight tax fraud? Hopefully not. Terrorism, though, carries an emotional weight that many people seem unable to look beyond. Those who can look beyond it realize that these measures aren't necessary, and that giving up freedom isn't necessary either.

    So my point is that the system is going to be used for investigating things other than terrorism, and we as citizens should decide whether we want that to happen on its own merits, not because the spectre of "terrorism" has been raised.

    --
    I yearn for you tragically. A. T. Tappman, Chaplain, U.S. Army.
  59. Re:He's not a whistleblower! by Exatron · · Score: 2, Funny

    Consider a career change. For a law student, you don't know much about the law.

    --
    "I think so, Brain, but 'instant karma' always gets so lumpy." - Pinky
    "Decepticons FOREVER!!!" - Ravage
  60. Start a minor riot behind Certain closed doors? by abb3w · · Score: 3, Informative
    The small committee briefed on these NSA programs is prohibited from discussing the programs anywhere outside the briefings. So what is a committee member to do if they have concerns?

    If sufficiently concerned over the issue, raise the issue on the floor of the house in question, before the entire house in secret session. While there are potentially serious repercussions to such a move, up to censure or expulsion from that house (subject to the internal rules), that's the most that can happen. Congresscritters have a constitutional immunity from prosecution by any other body for anything they say there. (Article I, section 6: "for any speech or debate in either House, they shall not be questioned in any other place".)

    If done in the Senate, one need merely find an amenable party member willing to trustingly second a Rule 21 motion to raise the issue with some deference to secrecy, which may help prevent expulsion. In the House of Representatives, secret sessions are governed by Rule XVII, clause 9, and it looks like you don't even need a second to close the House. Technically, I suppose a sufficiently pissed member need not even close their house to secret session before starting the debate... but that likely would make the consequences under internal rules much more serious.

    Of course, while outright expulsion would be unlikely for a closed session debate (takes too many votes, and is too likely to make an instant political martyr), there's a real risk of losing the committee seat, along with any others held; it's also not exactly the sort of thing that engenders future interbranch co-operation, or comprehensive briefings to the oversight committee. The current White House would throw a howling excretory tantrum. However, I would hope that my elected officials would know when to start making a stink. This needed a stink a long time ago (or, less preferably, a change in the law before the laws got broken).

    --
    //Information does not want to be free; it wants to breed.
    1. Re:Start a minor riot behind Certain closed doors? by MrNougat · · Score: 3, Insightful

      If I had mod points, I'd find a way to give you all of them. But also let me rebut.

      If sufficiently concerned over the issue, ...

      Right there at the beginning. As I heard it described by Ms. Pelosi, the problem she had was in determining whether her concern was warranted. The best way for her to do so would be to discuss the situation with an uninterested third party, which for obvious reasons is not possible.

      While you're correct about raising the issue before the whole House in secret session, that concept may ignore the politics of the game somewhat. Because the information was leaked to the public, and there was a public outcry, there are members of Congress from both sides of the aisle raising concerns. Had it been brought to the House in secret session, it would have been all too easy - outside of public view - for partisan politics to continue. I predict the Republicans would have stood together to make Ms. Pelosi (or anyone coming before that body) out to be supporting the terrorists by trying to inhibit the ability of our intelligence services to do their job protecting the American people from the threat of attack.

      See? I've been hearing that crap so long I can spew it myself!

      Anyway, without the public at least partially in the know, the Republican-controlled government (all three branches, remember?) would simply continue on with the smoke screen about terrorists. Terrorism is the new Communism in the new McCarthyism.

      --
      Web 2.0 == Giant Blogspam Circle Jerk