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Gonzales Says Publishing Leaks Is A Crime

loqi writes "The NY Times is reporting on a statement from US Attorney General Alberto Gonzales declaring that journalists may be prosecuted by the federal government for publishing classified information. On the 1st amendment ramifications: "'But it can't be the case that that right trumps over the right that Americans would like to see, the ability of the federal government to go after criminal activity,' he said. 'And so those two principles have to be accommodated.'" So our 1st amendment rights don't trump the right of the federal government to violate them?"

126 of 889 comments (clear)

  1. Congress shall make no law... by Ckwop · · Score: 4, Interesting

    Slimey bastards! I wonder what the fallen in the September 11th terrorist outrages would make of this. The US government has repeatedly used their memory to justify secrecy right across government. It is now trying to use their memory to to silence people who whistle-blow on their deepest darkest secrets. Well fuck them!

    Quite frankly, I couldn't give the faintest whiff of shit what the Attorney General has to say about the issue. The Constitution trumps everything, the Attorney General include, and it states in no uncertain terms which the rights of citizens of the United States retain for themselves:

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

    I don't see any exception for the state to keep secrets from the electorate. Bring the prosecutions and watch them fall one by one.

    Simon

    1. Re:Congress shall make no law... by timeOday · · Score: 4, Insightful
      Besides, what about whistleblower laws? I think the unwarranted spying on Americans' phone calls should have to be ruled legal in a court of law before those who leaked it could possibly tried for a crime.

      Anyways, this creates a very unstable situation, since the Administration can leak (I mean, "selectively declassify") information any old time they feel like it in order to make political points.

      What's weird is that all the best information we have about what's being done in our name with our tax money is due to leaks. It doesn't feel like democracy to me.

    2. Re:Congress shall make no law... by voice_of_all_reason · · Score: 2, Insightful

      The Constitution trumps everything, the Attorney General included

      Not the army. And at this point, we should be finding out exactly where they stand.

    3. Re:Congress shall make no law... by voice_of_all_reason · · Score: 5, Insightful

      Repeat after me:

      1) Terrorism is an inconsiquential threat.
      2) Every law passed since 9/11 is part of a grab for power.
      3) Profit.

    4. Re:Congress shall make no law... by Anarke_Incarnate · · Score: 3, Insightful

      Amen,

      If you want to "hide" behind the First......be prepared to use the Second. That is why it was put there.

      Those who would hammer their guns into plowshares will plow for those that did not.

    5. Re:Congress shall make no law... by Anonymous Coward · · Score: 2, Insightful

      Given that if we had these programs in place before 9/11, the 9/11 dead wouldn't be dead right now...

      That is a pretty big if. Given the track record of the current set of assholes holding power in Washington it is more likely that any intelligence gathered would have been squandered, September 11th still would have happened, the administration would have classified all the intelligence and internal communications surrounding September 11th, then when someone leaked how badly the U.S. Intelligence Agencies/Executive administration botched the job they would have prosecuted the leaker(s) and any journalist with the audacity to print the truth.

      The Bush admin should just cut to the chase and implement Sharia.

    6. Re:Congress shall make no law... by lynx_user_abroad · · Score: 5, Insightful
      Don't like a particular secret, activity, or program?

      So, just exactly how am I supposed to figure out if I like a particular "secret, activity, or program" if I'm not allowed to even know such secret, activity, or program exists?

      Or, are you saying that if I don't like it when such secrets are kept in the first place, I should vote into power a set of representatives which support "no secrets" priorities?

      Perhaps, if it's important enough to myself and a large enough number of my fellow supporters, I should propose a Constitutional Amendment? Maybe something that would prohibit Congress from making a law that prevents the Press from publishing as it sees fit?

      Is that what you're proposing? Because I seem to remember something like that hapening in the past somewhere...

      --

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

    7. Re:Congress shall make no law... by bhirsch · · Score: 2, Insightful

      The secret CIA prisons in Eastern Europe, Carnivore, and Echelon all existed under Clinton. Moreover, he and his administration were big pushers of Echelon (quite likely bigger pushers of it than the current administration).

      Obtaining classified information on our intelligence practices and reporting them to the public has always been a crime. There is no freedom of speech issue here. News sources are not permitted to identify rape victims or undercover police officers either. Does national security take a back seat to those?

    8. Re:Congress shall make no law... by dr_dank · · Score: 4, Insightful

      May I ask you why you're doing the exact same crap they are?

      Them : Remember September 11th. Loads of people died.. DIED!
      You : Remember September 11th. The people who DIED would be ashamed of this.


      Whenever somebody pulls that "people died on 9/11, new world, blah blah" card, I like to make the point that it's a slap in the face to anybody in uniform to use the deaths of a few thousand to justify taking away the rights that many millions have sworn to protect and gave their lives for over the past 230 years.

      --
      Where does the school board find them and why do they keep sending them to ME?
    9. Re:Congress shall make no law... by TheDunadan · · Score: 2, Insightful

      I will probably get modded down for this, but here it goes. Freedom of speech/press had nothing to do with freedom from facing consequences for what you say, but rather freedom from prior censorship. So in the way it was originally intended, you could, for example, publish a book about terrorism without the government inspecting it before it was published. Thats your freedom, not freedom from the consequences of printing such material, whatever they may be.

    10. Re:Congress shall make no law... by Anonymous Coward · · Score: 3, Interesting

      Anyways, this creates a very unstable situation, since the Administration can leak (I mean, "selectively declassify") information any old time they feel like it in order to make political points.

      Actually, as the head of the Executive Branch, the President is allowed to declassify just about anything he wants at any given time. The key is that it's usually a bad idea a) if American lives are on the line, or b) the operation/investigation is ongoing.

      As someone who has had their life threatened by individuals in the US due to the incompetence of Sen Dick Durbin (D-IL) - who does *not* have the legal authority to declassify - I don't think the Democrats have room to talk.

    11. Re:Congress shall make no law... by HK+MP5-A3 · · Score: 2, Interesting

      The first amendment does not grant any special exemption to members of the press, it states that the press may not be specifically targeted by laws that do not apply to the population as a whole. Reporters are subject to the same laws as everyone else, as they should be. Reports cannot: Smuggle real bombs onto planes for a story. Harbor criminals in order to get an interview. Slander people in thier stories. Run red lights on the way to cover a story. and finally, they cannot publish classified documents. If they do they can be charged and a jury of thier peers will determine if thier actions were justified. If thier actions were committed for good cause I have confidence in the people to see that. The reporters will go free, the mighty will be laid low, and all will be right with the world. If thier actions were not justified they may well end up in jail, and all will still be right with the world

      --
      There is more than one way to skin a cat.....I got up to 4,521 ways, but the batteries died in my electric belt sander
    12. Re:Congress shall make no law... by kalirion · · Score: 2, Interesting

      I'm really torn on this one. On the one hand, this would let them prosecute wistleblowers who publish information that should be known (i.e. CIA secret prison identities.) On the other hand, this would let them prosecute morons who publish information that should not be known (i.e. CIA secret agent identities.) I don't suppose there's a way to do this on a case-by-case basis, maybe needing a unanimous grand jury to decide that a case is not whistleblowing before going to full trial?

    13. Re:Congress shall make no law... by colmore · · Score: 2, Insightful

      "Don't like a particular secret, activity, or program? Elect people with different priorities. Don't think the government should be able to do anything that the Chinese or Iranian governments can't see as easily as you can? Grow up."

      How on earth are we supposed to know if we do or don't like an activity that is secret?

      It is a crime for intelligence agents to release classified information, but it is absolutely necesarry for the preservation of our freedoms that the press be allowed to report those broken secrets once broken. This provides a human check on the power of secret organizations: if someone within the organization is sufficiently outraged that they're willing to risk inprisonment, then secrets can be made public so that, as you say, the voters can elect new representatives, but if there is no such process, then we have no ability to punish our leaders for abuse of the power of secrecy.

      --
      In Capitalist America, bank robs you!
    14. Re:Congress shall make no law... by phoenix.bam! · · Score: 4, Informative

      There is nothing to stop a newspaper from reporting a rape victim. The rape shield laws apply to court documents.

      See the following link about undercover officers, as it was all i could find:
      http://72.14.209.104/search?q=cache:aMy58CMCA8AJ:w ww.rcfp.org/news/2003/0926crowvl.html+newspaper+un dercover+officer&hl=en&gl=us&ct=clnk&cd=3

    15. Re:Congress shall make no law... by hackstraw · · Score: 2, Informative


      How does that saying go? "The pen is mightier than the sword."

      Well, I've never heard of a government being overthrown via a written document.

      As we speak, people are loading up with ammunition. Its best to have between 20-30,000 rounds. Of course, its always better to have ammo and not need it, than need it and not have it.

    16. Re:Congress shall make no law... by gkhan1 · · Score: 5, Informative
      There is a Swedish law that I am very, very fond of. In sweden, if someone leaks information to the press about the government, the government is not only forbidden to prosecute, or even fire, the person who leaks, but it is infact illegal for the government to even investigate to try and find out who the leaker was (this obviously does not apply to cases where the leak is illegal, ie someone has leaked classified information. Though almost all leaks to the press, in terms of quantity, are not illegal, neither here nor in the US). Note also that this only applies to the government, not the private sector.

      I don't mean to brag about my country (although I enjoy it, it's such a rare occorance ;), but freedom is something we do really well. Infact of the four parts of the swedish constitution, the Freedom of the Press Act is the oldest one, dating back to 1766 (the three other parts are The Act of Succession, The Fundamental Law of Freedom of Expression and The Instrument of Government). That act also includes whats known as "Offentlighetsprincipen", roughly translated as "The Publicity Principle", stating that all government documents (with certain exceptions, such as documents that would endanger national security and documents relating to matters under investigation, although no document may be withheld more than X number of years (I believe X=70, but I'm not sure)) should be readily available to the entire public. Basically, it's the same as The Freedom of Information Act. But Offentlighetsprincipen was included into the constitution in 1766! 1766! The US got it's in 1966, 200 years later.

      I realise that I sound like a ridiculous patriot here, and I don't mean to offend anybody. It's just that while My Country might be lacking in many areas where other nations excel, there is one thing nobody can beat us in: Freedom, Civil Liberties, and a the most solid defence against a corrupt government in history.

    17. Re:Congress shall make no law... by willCode4Beer.com · · Score: 5, Insightful

      Excellent summary.

      People seem to act as if terrorists didn't exist before 9/11.
      Lets face it, having freedom in society inherently increases the risk of living in that society. The freedom one enjoys also makes things easier for those who wish to cause them harm.

      It all comes to how one rates their freedom with safety. Some agree with the president (and the previous one) and his administration, that safety is more important than freedom. Others, myself included, argue that freedom is more important than safety.

      Whats more amazing though is that while there is talk of trying to stop terrorists, the actions are completely bogus. Since the Oklahoma City bombing, its has become no harder to rent a U-Haul. In many states all you need to purchase dynamite is permission from the fire dept. You can buy fertilizer by the ton even if you don't own a farm. The average Walmart sells everything needed to build a bomb.

      Lets also remember that our military and government officials know that there is no way at all to stop a determined attack. This is the country that invented and perfected guerilla warefare. The Amry Special Forces goes to other countries to teach the locals how to conduct guerilla warfare. We know better than anybody else that you can't really stop it.

      Israel has some of the best security forces on the planet. They have road blocks and check points all over the place. Even they can not stop attacks within their borders.

      So, the only option left is to suck it up, learn to defend your self, accept that we live in a dangerous world, and THINK. The world is a lot less dangerous than it used to be. We aren't under the constant threat of global annihilation like we used to be. Crime is down, living standards are up. Lets all work to keep things improving and to help other to improve their lives as well.

      --
      ----- If communism is a system where the government owns business, what do you call a system where business owns govern
    18. Re:Congress shall make no law... by JavaLord · · Score: 3, Insightful

      1) Terrorism is an inconsiquential threat.

      It's only inconsiquential if nobody you cared about died, or your political ideology allows you to overlook their deaths in an effort to bash the current administration.

      There are plenty of things to be critical of with the Bush administration without trivilizing the loss of life in the US and overseas due to terrorism.

    19. Re:Congress shall make no law... by jusdisgi · · Score: 4, Insightful

      Repeat after me: I'm a Moonbat I'm a Moonbat I'm a Moonbat.

      You're a dumbfuck, you're a dumbfuck, you're a dumbfuck. I really believe that.

      If you really believe that, let's see you put your money where your mouth is. Go vacation on Iraq or Iran. Where would you like your head shipped?

      Vacationing in Iran as an American right now is very safe. Far safer than many non-muslim third world destinations. And vacationing in Iraq was just fine too, before we started a war of choice there on fabricated evidence, toppled the only stable secular government in the region and stuck around with no exit plan. Naturally, this gave rise to a guerrilla insurgency, which is now quite dangerous. But it's not "terrorism" so much as a "resistance" and it has nothing to do with any of the massive domestic policy changes that have stripped our rights in the name of stopping "terrorism" which is, as the GP noted, an inconsequential threat. How many people have died on US soil since 9/11 in terrorist attacks? How many in places where we weren't fighting a war? How many died yesterday in car accidents?

      --
      Given a choice between free speech and free beer, most people will take the beer.
    20. Re:Congress shall make no law... by anotherzeb · · Score: 3, Informative

      The full saying is "the pen is mightier than the sword under a benevolent master". Choose your own opinion about whether or not the second part of that applies right now

      --
      Good luck sometimes arrives disguised as bad
    21. Re:Congress shall make no law... by HUADPE · · Score: 2, Interesting
      they cannot publish classified documents.

      They can, however, republish them. The original leaker has made the information public. The reporter is simply repeating information that has been (illegally) released into the public. Once the secret is out, its fair game

      --
      This sig has not been evaluated by the FDA. It is not designed to diagnose, treat, prevent, or cure any disease.
    22. Re:Congress shall make no law... by Danse · · Score: 2, Insightful

      Statistically you are much less likely to be murdered than you are to die in a car accident. Does that mean we shouldn't put murders in jail, or allocate resources to capture them? Your politics are clouding your judgement.

      Not at all. I think the real point is that we shouldn't start wiping out our civil liberties and decreasing the checks on our government in pursuit of that goal.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    23. Re:Congress shall make no law... by SvnLyrBrto · · Score: 5, Insightful

      No...

      Terrorism is an inconsequential threat when you actually bother to run the numbers. And find that you are a FAR more likely killed by an inattentive or incompetent driver while you're crossing the street, (or any number of other mundane things that we have no "war on $x" to justify abusing our rights.) than you are to be killed by "the terrorists".

      cya,
      john

      --
      Imagine all the people...
    24. Re:Congress shall make no law... by DavidTC · · Score: 3, Informative
      Actually, as the head of the Executive Branch, the President is allowed to declassify just about anything he wants at any given time.

      Bzzzt, thank you for playing.

      The president has the authority to start the process to declassify things wherever he wants, like, actually, anyone who has access to classified material. If you know it exists, you can ask the right people to review the classification. He does not, however, have the authority to just say things outloud and magically declassify them.

      Classification is a law, an ability granted under the law to the government. It's not something the president just invented. It is a legal process that the executive branch does, to classify and declassify information. This legal process is an external law, imposed by the legislative branch. (Because, duh, no one could be subject to criminal penalties for leaking otherwise.)

      If anyone who is allowed to handle classifed information (That is, anyone who has signed the document they have to sign to do that.) leaks information that has not been though the procress and offically declassified, they are a criminal, as they have broken that law. Doesn't matter if they are the president, doesn't matter if they are the guy in charge of stamping 'Declassified' on the document and are five seconds away from doing so. The law requires the process, and the fact that the process is controlled by the executive branch doesn't mean people in the executive branch can ignore said process.(1)

      Our president, of course, is rather confused about whether or not he has to follow laws passed by other branches of the government, but that's really hilarious when that logic tries to apply to classified data, as the concept of data being classified is, in fact, a concept that was invented by said laws.

      This is all an aside to the question at hand here, which is whether or not someone who hasn't signed a documenting saying they won't leak classified info who receives and passes on said info can be punished, aka, an Official Secrets Acts. The US has not only never had one of those, there have been serious constitutional questions raised about such a thing in the past, back when we had a constitution.

      1) OTOH, the president could probably alter the process to make it where he can get things declassified in minutes, by putting in people who would rubber-stamp his requests, or via all sorts of ways...but he didn't do that, so the issue is moot.

      On the third hand, of course, the executive branch could just refuse to classify anything.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    25. Re:Congress shall make no law... by corbettw · · Score: 4, Informative

      Well, I've never heard of a government being overthrown via a written document.

      Magna Carta.


      And why did King John sign the Magna Carta, again? Oh that's right, because if he didn't, all the nobles of England were threatening a civil war. So what was your point again?

      --
      God invented whiskey so the Irish would not rule the world.
    26. Re:Congress shall make no law... by corbettw · · Score: 3, Insightful

      Ah, but this is the SAME sort of thinking behind the idea that "freedom OF religion" is not the same as "freedom FROM religion"

      You're only partially correct. We have freedom "from" religion in the sense that no one can force us to participate in a given religion (except for Tom Cruise, he can force you into Scientology). But you do not have freedom "from" religion in the sense that you don't have to hear other people talking about their religion. Otherwise, you'd be stepping on their freedom of speech.

      --
      God invented whiskey so the Irish would not rule the world.
    27. Re:Congress shall make no law... by Langalf · · Score: 2

      Actually, the full quote is "Beneath the rule of men entirely great,
      the pen is mightier than the sword." - Bulwer-Lytton, "Richelieu".

    28. Re:Congress shall make no law... by JavaLord · · Score: 2, Interesting

      AFAIK zero.

      Five. Unless you count the jihadist (Joel Henry Hinrichs III) who blew himself up outside of an Oklahoma football game last year. Then it's six. Look into his story and figure out how many deaths could have happened that day.

      But hey, there is no threat right?

    29. Re:Congress shall make no law... by willCode4Beer.com · · Score: 3, Insightful

      "Clinton HID terrorism to further HIS."
      And so did Reagan and Carter. Whats your point?
      Both the Democrats and the Republicans have been making things worse. Both by provoking situations that cause terrorism and by trying to push it under the carpet.
      It doesn't help much when you try to push the blame on one group when BOTH of them are responsible.
      Thats like getting busted for weed and giving the excuse that everyone else was smoking crack.

      Clinton didn't do anything when Janet Reno decided to send tanks into a religous compound (I'm assuming thats what you meant in your reference to Clinton's actions). That doesn't have any bearing on the current administration squashing our rights.
      Or are you trying to say that its ok if this president tries to squash our freedom because the last one was doing it too?
      Why make the argument parisan, when both parties are guilty?

      --
      ----- If communism is a system where the government owns business, what do you call a system where business owns govern
    30. Re:Congress shall make no law... by kin_korn_karn · · Score: 4, Insightful

      So what are your immigration laws like? I'm dead serious.

    31. Re:Congress shall make no law... by Hatta · · Score: 4, Insightful

      Lets face it, having freedom in society inherently increases the risk of living in that society. The freedom one enjoys also makes things easier for those who wish to cause them harm.

      Do you really believe that? The way I see it, the freer a people the easier it is for them to defend themselves. The freedom one enjoys in a free society is a protection against the evils of dictatorship. Giving up your freedom might protect you against external threats, but makes internal threats much more grave. History shows that people have more to fear from their own governments than from others.

      The point is that freedom and safety are not opposed at all! Concentrating power only makes it easier to abuse, and therefore makes everyone less safe.

      --
      Give me Classic Slashdot or give me death!
    32. Re:Congress shall make no law... by TheLink · · Score: 5, Insightful

      "I don't think the Democrats have room to talk"

      Are the US people stupid or what? Always seeing things as if it's "Pro-Wrestling".

      Currently things are getting to be US Gov vs the US citizens. Forget the Republican vs Democrat crap.

      You guys are getting screwed by the theatre and you're complaining about the characters in the play.

      Doh.

      --
    33. Re:Congress shall make no law... by bigpat · · Score: 3, Insightful

      If they can show restraint in that area, I would hope they would show equal or greater restraint when it comes to national security.

      They do. Everything released in the press so far has been about programs that may violate the law directly or simply threaten the basis of our system of government. Nothing released has even come close to threatening national security in a tangible way.

      Let me let you in on a big non-secret: the Al Qaeda assume that they will be tortured if captured, and spied on. And they aren't going to trust a "leak" one way or another. Both legitamite and illegitamite methods of interrogation are known and well documented, you could release the torturer's handbook and it wouldn't effect any interrogation outcome. People will be broken when they are broken, a story in the NY times that tells people that when their heads are shoved under water that the interrogator probably isn't actually trying to kill them isn't going to change anything in the person's mind. We must know what is being done to people in our names, for us, and using the fruits of our labors. Anyone who chooses not to find out what is being done and at least apply their moral judgement is simply a coward.

      Our soldiers die for nothing if we do not preserve Liberty at home.

    34. Re:Congress shall make no law... by jusdisgi · · Score: 4, Insightful

      Given that if we had these programs in place before 9/11, the 9/11 dead wouldn't be dead right now, I expect they'd be all for them.

      Interesting assertion you make here without any evidence. In what way does leaking confidential information have anything to do with the 9/11 attacks? Were the attacks planned using information leaked to the press? What the fuck are you talking about?

      Worse, given the fact that the white house had actually been briefed concerning a likely terrorist attack, complete with 9/11 as the date, and took no action, what makes you think any of the programs the government has enacted since would have made a difference? If they couldn't be bothered to beef up airport security or keep closer tabs on flights diverging from their IFR flight plans in the face of a report suggesting terrorists might use planes, then what were they going to do with the PATRIOT act provision for searching library records, or with illegal NSA wiretaps?

      The government keeps things secret for the protection of Americans, and the people who leak those secrets therefore place all Americans into harm's way.

      Right. Because we've never found out 30 years later that "classified" government programs and information were used improperly. Because J. Edgar Hoover's cardfiles on thousands of civilians chosen for political reasons were "for the protection of Americans." Same with Nixon's blacklist. This is bullshit. If men were angels, there'd be no need for government, and if men were ruled by angels, there'd be no need for controls on government. They aren't.

      Keep in mind that requiring people not to leak secrets does in no way infringe on the First Amendment. No one is having their freedom of speech taken away.

      I'm sorry, I didn't realize that you were an expert in constitutional law. Oh, wait, you aren't. I wonder what mental gymnastics you went through to come to this conclusion. Because the idea that a journalist cannot write about the government's activities simply because they haven't been officially acknowledged is rather incompatible with the idea of a free press. Note that there is a huge difference between not being able to print any leaked information and being responsible for information you publish that might actually hurt people. Journalists already take seriously the publication of troop movements, sensitive covert op data, secret identities, etc. That's not what we're talking about.

      However, just like yelling "FIRE" in a crowded theater, there can be consequences to what you say.

      Yes, and there are consequences. But that's different. A journalist cannot write and say that a secret team will be operating on a certain street in Baghdad tomorrow. That endangers people, similarly to yelling fire in a theater. This is already covered by known and accepted law and case law. Printing information about a secret, illegal government program to spy on American citizens is not such a situation. Gonzales is now saying that anything the government wants secret is exempt from the first amendment. This is a long, long way away from the existing case law on the subject.

      Just like you're not allowed to explain how to make bombs online, you're not allowed to leak secrets that can place America at risk.

      Well, this last sentence really proves you're a dumbass. First, it is completely legal to explain how to make bombs online. Or in print; there's a page at the back of Tom Clancy's The Sum of All Fears that apologizes for including enough information for a knowledgable, well-funded person to make an atomic bomb, but notes that all the information was found and can be found in a public library. A friend of mine got busted in middle school selling floppy discs of "Jolly Roger's Cookbook" with hundreds of explosive recipes...the school called the ATF, but they just laughed at them and told them their hands were tied by the first amendment. So that half of the sentence is simply false. The other h

      --
      Given a choice between free speech and free beer, most people will take the beer.
    35. Re:Congress shall make no law... by jusdisgi · · Score: 4, Insightful

      Show me another instance of so much money being spent to keep 6 people from dying over the course of 5 years.

      Show me another instance where you consider it justifiable to let 2400 of our soldiers die to keep 6 people from dying over the course of 5 years.

      Show me another case where you think it's reasonable to collect and data mine the calling patterns of every American citizen (minus Qwest subscribers) to prevent 6 deaths.

      Despite the triteness of the old Jefferson quote about trading liberty for security, it plays so well here it's hard to avoid. Because no matter what he said, every society makes that tradeoff. Lincoln suspended Habeus Corpus, and FDR had some serious executive power plays as well. But those were instances with huge consequences for our country. 6 deaths isn't that kind of consequence.

      Nobody said there was "no threat." We just said it was inconsequential. 6 deaths over 5 years in a country of 260M is inconsequential.

      --
      Given a choice between free speech and free beer, most people will take the beer.
    36. Re:Congress shall make no law... by gkhan1 · · Score: 2, Interesting
      I should say that way-back when, during the 18th century (especially the early 18th century), we were pretty much as violent as anybody. We had what is called the Great Northern War which started in 1700 and ended in 1721 (we lost it, but it was us against Russia, Denmark, Norway, Poland, Prussia and Hanover, so it's not like we were pushovers). It was much because of that war that we started to impose democracy and civil liberties, which led to the constitution of 1766. Unfortunatly, King Gustav III went and ruined everything with a coup d'etat (a bloodless one) sometime in the beginning of the 1770s (I think it was in 1772, but I'm not sure), once again establishing absolute monarchy. But by 1809, we were back on track :P

      I agree that the laws are similar, these kind of laws are fundamental to all democracies, the difference is (as you point out) the culture. We simply do not have a culture of a government that oversteps it's boundaries, nor a culture of hostile dealings with other countries. We try to act, always, in a diplomatic fashion. We were (I think) the first western country to diplomatically recognize The Peoples Republic of China as a countr for instance, back when everyone was scared shitless of communists.

      This might have something to do with not having fought in any war since 1814 (which must be the world record, most countries haven't even existed that long), but Denmark and Norway fought in WWII and in Denmarks case Iraq, and they have similar openness to us. I think it has very much to do with our labour unions. We always have had very, very strong unions, and that tends to dampen any sort of mentality tends to be unforgiving to abuses of authority.

    37. Re:Congress shall make no law... by kimvette · · Score: 2, Insightful

      There are four steps which belong between 2 and 3:

      3 Imply that safety (temporary security) trumps the constitution, despite what Jefferson, Franklin, Washington, and Adams all warned us of
      4 Abuse the Executive Order power (which itself should be ruled unconstitutional. LEGISLATORS create laws, EXECUTIVE enforces laws, at least, last time I checked the Constitution that's what it stated very clearly)
      5 Blame everything blocking your dictatorship on ter'rists, pedophiles, and crack dealers
      6. Award any contracts resulting from steps 2-6 to companies in which you or your major campaign contributors hold a stake in
      7. PROFIT

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    38. Re:Congress shall make no law... by jusdisgi · · Score: 2, Insightful

      So what you are saying is, we have to wait until the terrorist kill a significant amount of people before we should spend money to fight them.

      No. What I'm saying is that the threat to our citizens, our national security, and our way of life posed by terrorists is not in any way, shape, or form large enough to justify the wholesale destruction of our civil liberties. The administration has used one event to justify unbelievable changes to what ordinary, law-abiding citizens can expect with respect to their privacy and freedom. Now you can expect that your library records will be searched, your phone-calling patterns analyzed, and your email read. Meanwhile we're detaining people without letting them see lawyers. We're torturing. The justice department denies every single freedom of information act request they receive, out of hand, and make requesters challenge them in court if they want anything. None of these things were true before 9/11. Each one of these things is more significant than the number of lives we've lost to terrorism.

      So how many innocent people have to die before the US government can spend money to stop these nutjobs without our domestic socialists crying about malaria in Africa?

      You seem to look at this as some sort of retail anti-terrorism purchase. Let me clue you into something; we spend money and lives to attempt to "stop these nutjobs." Last I checked the number was somewhere around 2400 lives, if you only count Americans. If you count innocent Iraqi civilians, the number is far in excess of the 9/11 death toll. If you count the Iraqi soldiers we killed (note, they did not have anything to do with terrorism) it climbs staggeringly high. If you are going to act like it's the lives you care about, your argument falls to pieces simply because the administration has dramatically increased the lives lost, not reduced them. And that ignores the fact that deaths and injuries from terrorist attacks have been steadily rising since the Iraq war started. 9/11 was a spike in a flat line of terrorism. Our response to 9/11 has made that flat line into a steadily rising hill.

      Here is a news flash, the American government and the American people owe no debt to Africa, nor do they have to spend money to fight a disease there while disregarding their own personal security.

      We'll suspend indefinitely the discussion of whether the US owes a debt to Africa (How much is the economic output from those slaves worth? What about their descendents who helped fight all our wars since the Civil, and continue to help generate our economy, without, on average, taking hardly any of it for themselves?). Let's just examine the general idea you're going for here. That idea is that we don't have to give other countries aid. That's more or less true...we have no legal responsibility to help poorer countries. It's not a principle of the constitution or anything. But I'll put it to you like this: if we were to spend the money that we have spent in the Iraq war on targeted humanitarian aid, what would be the relative effect on terrorism?

      To get more specific...say we went on a global "Marshall Plan" and invested in building the economic prosperity of all the Arab nations. Wipe out poverty there and make everyone wealthy enough to drive an American/German/Japanese car and listen to American rock music on their Chinese stereos. Think there'd still be a lot of suicide bombers out there? Radical militant Islam, and radical militant religion in general, requires poverty to be effective on a wide scale. In fact, stable democratic government can be said to require economic prosperity. And on the other side of the equation, various economists have looked at the expenditures of the Marshall Plan (for those who don't know, this was Truman's aid package to rebuild Europe (including Germany) and Japan after WWII) and invariably they conclude that the return on investment to America was more than worth it. This would be similar. If we wipe out Arab poverty,

      --
      Given a choice between free speech and free beer, most people will take the beer.
    39. Re:Congress shall make no law... by monkeydo · · Score: 4, Informative

      When confronted with the falsity of your statements, you resort to pedantry. You backed up your pedantry by citing the wrong law. The one you should have cited is here. Had you looked at the right law, you'd see that this law defers to Executive Order 12356 as to what is classified information. And Executive Order 12356 discusses declassification authority and states that material can be declassified by the person who classified it, or "the originator's successor; a supervisory official of either; or officials delegated such authority in writing." You think that the President might fall under the umbrella of "a supervisory official" of every single person in the Executive Branch? I do. So, no, the President doesn't have to put anything in writing or issue an executive order to declassify classified material. He can just do it.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    40. Re:Congress shall make no law... by gkhan1 · · Score: 4, Informative
      Yes we have very (very!) high taxes. We also have free healthcare and schooling, up to college level. Yes companies pay alot to the government in employment-fees. We also have a national pension system that wont collapse. We are also almost completly unionized, which means that you wont get fired for being sick three days in five months. We take care of the poorest in society, and it comes at a cost. The richer people pay it. I'm part of the richer people, and I'm fine with paying it. It just.

      We have a radically different view here in Sweden on welfare, and we pay for it. I'm fine with paying higher taxes, as long as the government will take care of me,and my fellow citizens, when we need it. It's called a social contract. That makes us no less free (it's not communism), and alot more safe. I can understand the economic argument for lowering taxes, but what I don't get is how having a strong welfare state makes the government bad.

    41. Re:Congress shall make no law... by rossifer · · Score: 3, Informative

      If you are a software developer and you want to live in Sweden, you want to apply for a software developer job in Ireland, get a work visa, establish residency (3-5 years), then move to Sweden for a year under a simple EU visa. During that year in Sweden, learn the language (if you haven't already), get a job (do not expect to find lots of jobs for software developers), and then apply for permanent residency (2-4 more years).

      Ireland is currently the gateway into the EU for software developers as your job description results in an expedited work visa application, which is an effective pathway to EU residency. Once you have EU residency, you have a great deal of freedom to move around from there.

      Regards,
      Ross

    42. Re:Congress shall make no law... by voice_of_all_reason · · Score: 2, Interesting

      I don't expect them to see it my way. That's why we try to keep people with an emotional investment from important decisions such as national policy.

      Judges have to step down from a case that they feel so strongly in they cannot be impartial. Why not extend that idea to our President, who beleives magic sky deities give him secret knowledge about what is right and wrong?

    43. Re:Congress shall make no law... by throx · · Score: 3, Insightful

      Technically, anyone declassifying information has to go through the ISOO (Information Security Oversight Office) before it is actually declassified (Section 5 of the linked EO).

      The President certainly has the *authority* to declassify whatever the hell he wants. The question is only on what procedures he needs to follow when doing so. A full reading of EO 12356 seems to indicate it's more complex than just "saying it's declassified" but I'm no lawyer so I'm not about to give any definitive answer. I strongly suspect it depends on the source of the original classification as manditory review (sec 3.4) may apply also.

      --

      Fear: When you see B8 00 4C CD 21 and know what it means

    44. Re:Congress shall make no law... by unknownideal · · Score: 2, Insightful

      Right. So, what if I went to Sweden and I didn't want to pay to send someone else to school or the doctor? What if I do not recognize any inborn debt to society, and understand my debts to be no greater than the precise amount of what I take, and that I expect to pay the precise amount of these debts and not a cent or krona more or less? What if I believe in measurement of who earns what and who's rewarded for what, and that this concept correlates with that of justice. No offense to your values or anything, I'm just saying, I'm a hypothetical guy coming to Sweden and this is what I believe.

      I know nothing about Swedish government, but speaking of government in general, no matter how high the stack of papers on the bureaucrat's desk, beneath it lies a gun. Eventually, What happens after I continually refuse to pay this mandatory charity? Do men with guns come knocking at my door? Because if that's what happens, I'm going to have to call you on this notion of being "no less free". I might even say that to the extent you must finance someone else's existence, you are their slave.

      If you believe that men are born indebted to each other, then by all means act accordingly, give three quarters of your income to charity if it pleases you. If, however, you feel the need to impose this 'responsibility' on others with guns, then what is it you really believe?

    45. Re:Congress shall make no law... by esper · · Score: 4, Insightful

      No, I think it's because some of us were brought up to believe that, 30 years ago, it was wrong for the KGB to spy on their own citizens and it was wrong for the Soviet government to hold people without charges in secret prisons, and believe that, if the US government is doing it now, then it's just as wrong as it was when the Soviets did it. If anything, it's more wrong, given that I don't think the USSR ever claimed to be a beacon of freedom and democracy for all the world to emulate.

    46. Re:Congress shall make no law... by jusdisgi · · Score: 3, Interesting

      Wow. So many facts, and so little thought put into what they might mean.

      First, your terrorism timeline is a lot of evidence that makes absolutely no point whatsoever. You appear to be trying to convince me that 9/11 wasn't the only terrorist attack ever. At least that's what I gather from "One event? I really don't know why you guys keep repeating this." But see, I never suggested that it was the only terrorist attack...in fact, the rest of my argument rather relies on the fact that terrorism has been and will be around for a long time. I said "the administration is using one event to justify..." and this is true. The administration used the single attack on 9/11 for its drum-beating and propagandizing. They didn't use "a decade-long string of terrorism" to woo the American people for their oil war, they used "9/11."

      Before I continue, you do recognize that the war in Iraq has nothing to do with terrorism, right? If in doubt, check with people for the new american century, a Dick Cheney think-tank. They had that war planned out at least as early as 1996, and you can download the pdf's that explain it in detail. In one place it even notes that it would require a "Pearl Harbor-esque" event to get public support for such a strategy. Well, looks like they got it.

      What civil liberties have we lost? Did I miss something? The only civil liberty I've ever seen chipped away at in this country is the right to bear arms.

      Yes, you missed something; do I have to repeat myself? The sentence after the one you quote listed several civil liberties (but certainly not a complete list) that have been lost under the administration since 9/11. Not that I'm the definitive source....why don't you go pick up a copy of the actual PATRIOT act and take a look for yourself? It's not really much other than a collection of new procedures for going past the bounds of what was previously acceptable law-enforcement.

      No, my library records won't be searched. You think that Bush is sitting up at night thumbing through everyones personal records don't you?

      Obviously Bush has lackeys for this. They're called cops. But now they can access library records without warrants. They couldn't do that before. This is what's called "loss of civil liberties." And I've got no idea what makes you so sure yours will be exempted.

      [Call detail records] won't be analyzed by any human unless you happen to talk to a suspected terrorist.

      Again, where are you getting this information? You work at the NSA? We have only very shaky promises from the administration that this is even limited to terrorism investigation. Hell, a couple weeks ago they were saying no data was collected at all on domestic calls. Furthermore, what difference does it make whether a human is doing the analyzing, versus a computer? I guess then it's OK to have a robot break into my house when I'm not there and take photos of everything inside? And if it finds something "flagged" as a likely terrorism indicator, then call the humans to have a look? I simply can't wrap my head around what here makes you think any of this is OK.

      [Detention without attorney] happens during war. See WW2 for a recent example. We don't need to let non-citizens see lawyers.

      First, we are not currently at war. Second, some of the people we have detained were American citizens.

      I see, you would rather more Americans die than we torture known terrorists.

      This statement assumes at least two facts not in evidence. First, it assumes that everyone we've tortured is a "known terrorist." Certainly you can't prove that, and in fact I think it would be a lot easier to prove the opposite claim. But the other, dumber assumption is that torture saves American lives. I double-dog-dare you to show even one instance where this was the case. John McCain (my favorite Republican) triple-dog-dares you. And finally, let me say that yes, even if it could be shown that we

      --
      Given a choice between free speech and free beer, most people will take the beer.
    47. Re:Congress shall make no law... by DavidTC · · Score: 2, Informative
      The president does, indeed, have the authority to declassify things, as I've already said. The exact words are:

      Information shall be declassified or downgraded by the official who authorized the original classification, if that official is still serving in the same position; the originator's successor; a supervisory official of either; or officials delegated such authority in writing by the agency head or the senior agency official designated pursuant to Section 5.3(a)(1).

      Do you notice that it says 'shall be' instead of 'can be', like you said it did? That's right. Information is owned by various agencies, and they 'shall be' the ones to declassify it, or anyone over them. (The procedures for transfering 'ownership' are also in that EO.)

      It doesn't say they can declassify it whenever they want without any procedures, as you are implying it does for the president. If that were so, than anyone could declassify information they 'owned', haphardardly, and there would be no need for the actual process.

      If the law says the person taking a car from an impound lot 'shall be' the owner, by your logic, the owner can break into the impound lot and take the car back however he wants. That's not how 'shall be' works...it's not authority to do anything, it's a restriction. It means the CIA can't declassify the Department of Defense's info, and stuff like that. It doesn't mean the Department of Defense can do whatever they want.

      And I cited the same damn law as you, except I cited the procedures, like I said, and you cited the definations for some strange reason. My point was that classified information doesn't exist just with an executive order...it exists within an executive order which was created within the framework of a law, and, if the law says breaking the EO is illegal, breaking the EO is illegal, even if someone who has the authority to change the EO does it, because he doesn't have the authority to change the law.

      Let's say a company hires someone to impliment an accounting policy, let's call them a comptroller. They do so, and then they are found to have been breaking their own policy, or the policy of their predecessors...do they get in trouble? Of course. It doesn't matter they could have, in theory, issued new accounting policies.

      Both this comptroller and the president could have issued a policy that said 'Except when I do it, then it's authorized.'. Both of them didn't for the same reason: They were delibrately operating in secret.

      --
      If corporations are people, aren't stockholders guilty of slavery?
  2. Chilling effects! by Whiney+Mac+Fanboy · · Score: 4, Informative
    Can't Gonzales think of the unintended consequences of legislation such as this? If leeks can no longer be published, what will happen to websites such as this one? ;-)

    Now I've gotten my joke in, for those too lazy to install the firefox bugmenot extension here's the article text:

    Gonzales Says Prosecutions of Journalists Are Possible

    The government has the legal authority to prosecute journalists for publishing classified information, Attorney General Alberto R. Gonzales said yesterday.

    "There are some statutes on the book which, if you read the language carefully, would seem to indicate that that is a possibility," Mr. Gonzales said on the ABC News program "This Week."

    "That's a policy judgment by the Congress in passing that kind of legislation," he continued. "We have an obligation to enforce those laws. We have an obligation to ensure that our national security is protected."

    Asked whether he was open to the possibility that The New York Times should be prosecuted for its disclosures in December concerning a National Security Agency surveillance program, Mr. Gonzales said his department was trying to determine "the appropriate course of action in that particular case."

    "I'm not going to talk about it specifically," he said. "We have an obligation to enforce the law and to prosecute those who engage in criminal activity."

    Though he did not name the statutes that might allow such prosecutions, Mr. Gonzales was apparently referring to espionage laws that in some circumstances forbid the possession and publication of information concerning the national defense, government codes and "communications intelligence activities."

    Those laws are the basis of a pending case against two lobbyists, but they have never been used to prosecute journalists.

    Some legal scholars say that even if the plain language of the laws could be read to reach journalists, the laws were never intended to apply to the press. In any event, these scholars say, prosecuting reporters under the laws might violate the First Amendment.

    Mr. Gonzales said that the administration promoted and respected the right of the press that is protected under the First Amendment.

    "But it can't be the case that that right trumps over the right that Americans would like to see, the ability of the federal government to go after criminal activity," he said. "And so those two principles have to be accommodated."

    Mr. Gonzales sidestepped a question concerning whether the administration had been reviewing reporters' telephone records in an effort to identify their confidential sources.

    "To the extent that we engage in electronic surveillance or surveillance of content, as the president says, we don't engage in domestic-to-domestic surveillance without a court order," he said. "And obviously if, in fact, there is a basis under the Constitution to go to a federal judge and satisfy the constitutional standards of probable cause and we get a court order, that will be pursued."

    --
    There are shills on slashdot. Apparently, I'm one of them.
    1. Re:Chilling effects! by rolfwind · · Score: 4, Insightful
      Those laws are the basis of a pending case against two lobbyists, but they have never been used to prosecute journalists.

      Some legal scholars say that even if the plain language of the laws could be read to reach journalists, the laws were never intended to apply to the press. In any event, these scholars say, prosecuting reporters under the laws might violate the First Amendment.


      Why is it not okay to prosecute Journalists but okay to prosecute lobbyists?

      No, I'm not for prosecuting journalists, but the 1st amendment gives us all freedom of speech and freedom of the press - narrowing down who gets freedom of the press - in this case journalists - only serves to defeat the amendment. I'm tired of seeing the press get a free ticket because they are "real professionals" and people like bloggers get written off, as if the founding fathers intended the right to apply to only those who attended journalism school.

      And what are lobbyists doing with state secrets anyhow? Shouldn't the people who gave them this info, who swore an oath to the government, and signed confidentiality agreements be the ones prosecuted?
    2. Re:Chilling effects! by crawling_chaos · · Score: 4, Funny
      Why is it not okay to prosecute Journalists but okay to prosecute lobbyists?

      Because the First Amendment guarantees rights to humans only?

      --
      You can only drink 30 or 40 glasses of beer a day, no matter how rich you are.
      -- Colonel Adolphus Busch
    3. Re:Chilling effects! by AhtirTano · · Score: 3, Interesting
      No, I'm not for prosecuting journalists, but the 1st amendment gives us all freedom of speech and freedom of the press - narrowing down who gets freedom of the press - in this case journalists - only serves to defeat the amendment. I'm tired of seeing the press get a free ticket because they are "real professionals" and people like bloggers get written off, as if the founding fathers intended the right to apply to only those who attended journalism school.

      I think this is a result of the language changing a bit since 1776. The phrase "the press" used as reference to journalists dates back to roughly 1910-20. The earliest recording of this use in the OED is 1926, but it is safe to bet the phrase was in use 10 years previous (though it's impossible to be sure).

      The OED gives the meaning of "freedom of the press" as

      free use of the printing-press; the right to print and publish anything without submitting it to previous official censorship;
      They provide a few sentences written around the time of the Constitution to support this interpretation. This definition should cover bloggers, pamphleteers--anyone who publishes information. You can bet the founding fathers would not have censored someone who handwrote their newspaper, despite the lack of a printing-press in the process.

      But because of the way English is used nowadays, politicians are getting away with claiming the constitution references professional journalism, and few are aware that this is a shift in meaning. The cynical side of me wants to say that professional journalists won't cry foul, because it helps limit their competition; but I'm not sure I'm jaded enough to really believe that yet.

  3. Gonzo needs to go back to law school. by DougLorenz · · Score: 5, Interesting
    Gonzo claims in the article that:

    "But it can't be the case that that right trumps over the right that Americans would like to see, the ability of the federal government to go after criminal activity," he said. "And so those two principles have to be accommodated."

    So, according to the U.S. Attorney General, the first amendment is a great right, but it can't be allowed when it gets in the way of law enforcement. I wonder if he feels the same things about other Constitutional amendments which restrict law enforcement, like the fourth and fifth amendments. I'm sure that the people who wrote those Constitutional Amendments didn't really mean for them to limit the power of government (BTW, that's sarcasm...)

    Of course, we really have to consider that the federal government should only be going after criminal activity when such criminal activity is actually present. Something cannot be a crime when the law which makes it a crime is not constitutional.

    There is a reason why we have made freedom of the press a nearly absolute right. Throughout history we have seen that hiding the activities of government creates corruption, and even when the media is biased, we need them to be able to get the issues out to the public so that they can be discussed.

    It is also interesting to see the philosophy involved in Gonzo's "Pass the Buck" stragegy. He wants to claim that it isn't the Bush administration that is going after the reporters, it's actually Congress that passed the laws which REQUIRE the Bush administration to go after the press.

    "That's a policy judgment by the Congress in passing that kind of legislation," he continued. "We have an obligation to enforce those laws. We have an obligation to ensure that our national security is protected."

    I guess that what really bothers me is that good Republicans who should really know better, individuals who have long complained about the growing powers of the federal government, should be more concerned about this. They need to come to their senses and realize that Bush is not helping the ideologies that make the Republican Party, and they need to abandon him.

    Nixon was run out of office not by Democrats, and not even by the Washington Post reporters. He was run out of office by fellow Republicans who came to him and told him that he had become an embarrassment, and it was time for him to resign. Modern day Republican leaders have to do the same thing and rid us of our modern day Nixon.

    --
    Slashdot, where you get modded down as redundant for stating an opposing viewpoint... Independent thought anyone?
    1. Re:Gonzo needs to go back to law school. by WombatControl · · Score: 3, Insightful
      There is a reason why we have made freedom of the press a nearly absolute right. Throughout history we have seen that hiding the activities of government creates corruption, and even when the media is biased, we need them to be able to get the issues out to the public so that they can be discussed.
      Since when has "freedom of speech" been a "nearly absolute right"? We limit free speech all the time in this country. For instance, you can't:
      • Yell "fire" in a crowded theater.
      • Commit libel or slander
      • Say something that creates a "hostile work environment" for others
      • Criticize a political candidate on television 60 days before an elections. (Thanks to the new Alien and Sedition Acts - AKA McCain-Feingold)

      Those are just the ones I can think of before I've had my full cup of coffee.

      So, the idea that freedom of speech is some absolute right just isn't true, and has never really been. The question isn't "can the government restrict freedom of speech in certain cases?" but "is this one of those cases?"

    2. Re:Gonzo needs to go back to law school. by hackstraw · · Score: 2, Interesting

      Since when has "freedom of speech" been a "nearly absolute right"? We limit free speech all the time in this country. For instance, you can't:

      - Yell "fire" in a crowded theater.


      That is just stupid. If the only reason you don't yell fire in a crowded theater is because its illegal. Well, good luck in life. A better example of a lack of freedom of speech is that its illegal to talk about killing the President of the United States.

      - Commit libel or slander

      Libel and slander are subject to _civil_ law, not criminal law.

      - Say something that creates a "hostile work environment" for others

      Yes, the government did initiate many civil rights laws, especially in the 60s. I think that is a good thing, and again, most of the litigation here are civil suits, not criminal ones.

      Criticize a political candidate on television 60 days before an elections. (Thanks to the new Alien and Sedition Acts - AKA McCain-Feingold)

      I didn't know about this law. Sounds dumb if it really exists and is that specific. So, internet, radio, press, flyers, meetings are OK to criticize a political candidate, but TV is off limits for 60 days before an election? OK.

    3. Re:Gonzo needs to go back to law school. by TheKidWho · · Score: 3, Insightful

      Freedom of speech never ment freedom to say whatever the hell you want.

      Freedom of speech means you are free to believe in ideas and that those ideas can freely flow through society unimpeded by the government.

      It does NOT mean you can yell fire in a crowded room. IT DOES mean you can believe the government is a piece of shit and express that idea.

    4. Re:Gonzo needs to go back to law school. by lynx_user_abroad · · Score: 5, Insightful
      These are rather jumbled. Let's sort them out:

      Yell "fire" in a crowded theater.

      Yup. Supreme Court is clear on this. Hopefully we all understand the reasons why.

      Commit libel or slander

      A Boils down to "you can't knowingly tell falsehoods for the purpouse of causing harm to others". Hopefully we all understand why here, too.

      Say something that creates a "hostile work environment" for others

      This it not entirely correct. You can say something that creates a "hostile work environment" for others, what you can't do is maintain a hostile work environment by allowing others (or, I suppose, doing so yourself) to say things which create a hostile work environment. It's not the speech itself which is prohibited, but rather the circumstances of the speech.

      Criticize a political candidate on television 60 days before an elections.

      You can, but:

      • Don't expect to get federal funding or tax breaks to do so.
      • Don't expect to utilize the grant of a public monopoly (broadcast airwaves or publically regulated cable monopoly) to do so.

      In short, you need to be civil when you do so.

      Not politically correct, just civil.

      --

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

    5. Re:Gonzo needs to go back to law school. by dangermouse · · Score: 2, Informative
      A better example of a lack of freedom of speech is that its illegal to talk about killing the President of the United States.

      No it isn't. It's illegal to threaten to kill the President of the United States. That's very different. You can talk about Wile E Coyote dropping anvils on the guy, and how hilarious that would be, until you're blue in the face.

      I didn't know about this law [McCain-Feingold]. Sounds dumb if it really exists and is that specific. So, internet, radio, press, flyers, meetings are OK to criticize a political candidate, but TV is off limits for 60 days before an election? OK.

      No, he just lied to you. What McCain-Feingold says is:

      Every person who makes a disbursement for the direct costs of producing and airing electioneering communications in an aggregate amount in excess of $10,000 during any calendar year shall, within 24 hours of each disclosure date, file with the Commission a statement containing the information described in paragraph (2).
      ... where, among other conditions, an "electioneering communication" is defined as being made within 60 days of an election or 30 days of a primary/caucus/etc.
  4. First Amendment Vs "Some Statutes" by eldavojohn · · Score: 4, Insightful
    So, the text of the first amendment reads:
    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
    I know this and value it as one of my most important rights as an American. The piece we are dealing with here is "freedom of the press." It is my belief that this protection of our press from our government is what makes our system just and, when the justice system fails, provides a means of prosecution for law enforcement, companies and politicians.

    What I can't quote are "some statutes" that Mr. Gonzales is referring to. And, frankly, I don't give a damn what they say. There's nothing that could convince me to give up or sacrifice any part of the First Amendment.

    I believe my government has a duty to protect the information that is important or sensitive. If the government fails to do adequately protect this information then it should not be illegal for an instution of the press to point it out. If by doing so they print the classified information then so be it. The people have a right to know the shortcomings of their government whether they be scandal or lack of security.

    I fear that if they make this illegal, it will also be illegal to point out inadequacies of the government &, before we know it, the press will be unable to criticize the government. Releasing information of sensitivity is a form of criticism and should be treated as such.
    --
    My work here is dung.
  5. Persecution by zoward · · Score: 3, Funny
    Am I the only one who read that as:

    "...journalists may be persecuted by the federal government for publishing classified information".

    --
    "Can't you see that everyone is buying station wagons?"
  6. Suspicious by udoschuermann · · Score: 5, Insightful

    When the federal government invokes the "national security" card over and over again as it has in recent months and years, it is no longer national security that's at issue but abuse of power and the covering up of mistakes.

    --
    --Udo.
    1. Re:Suspicious by larkost · · Score: 3, Insightful

      Except it is not mistakes that they are clearing up. They feel that that have the "moral authority" to do these things, but think (probably rightly) that the general public would not understand why they have the right to do so despite those things going against the law. This "above the law" feeling is exactly why we have the ideal instilled into the Constitution that there should be a free press.

      I find this especially bad from an administration who first came to power talking about "bringing accountability back to the White House".

  7. Workaround: by Ant+P. · · Score: 2, Funny

    Outsource information leaking.

  8. This guy needs to get his head on straight by El+Cubano · · Score: 2, Insightful

    The problem is this: the government is obviously having trouble trusting its people. It's that simple. If information leaks, go after the leaker. Once the information is out, it's out. Going after journalists is not exactly going to engender good will from the media. This has always been one of my biggest criticisms of the Republican party, that they can't handle the media at all.

    This is not too different from how the Air Force and the Marine Corps handled the media in Iraq. The Air Force treated the media like a bunch of little kids and they they were not exactly portrayed in the best light. On the other hand, the Marines involved the media people reporting on them to the point of having them out in the field with real units. Result: the media with the Marines were much more open to the requests of the Marine leaders as to what could/could not be published and they painted the Marines in a much more positive light. Why? Becuase they felt like part of the team.

    What Gonzales is doing is basically alienating the channel by which many many Americans receives their "information" every day. This is not exactly intelligent. I don't mean to say that the Republicans should kowtow to the media and or the Democrats (otherwise we would go from a 1.5 party system to a 0 party system), just that they need to not be stupid.

  9. For those of you that don't read Digg... by republican+gourd · · Score: 4, Informative

    Here is the link to the leaked AT&T Court documents that were released on Wired this morning:

    http://blog.wired.com/27BStroke6/att_klein_wired.p df

  10. no press super-citizens by Kohath · · Score: 2, Interesting

    The "press" aren't super-citizens. They are no different than anyone else. They don't get to give themselves special immunity to laws that ordinary citizens must obey.

    There's no ceremony, no initiation, no certification, license, or birthright to become a member of the press. I am a member of the press for publishing this opinion just as much as a NY Times writer. We are both entitled to the same rights and protections.

    To say that the press can violate laws because they're the press is to say that anyone can violate the laws. It follows that the US maintaining national security secrets is unconstitutional when that secrecy is enforced. That's silly. Therefore, the press can be prosecuted, just like anyone else.

    1. Re:no press super-citizens by clodney · · Score: 2, Interesting

      I believe the test has always been that the press cannot themselves break the law in acquiring classified information, but it is not a crime for them to publish information that they have innocently received - innocently meaning that some 3rd party brought to them.

      I don't have a security clearance, so I should never see classified data. But if someone gives me classified data, I haven't done anything wrong, the person who gave it to me has done something wrong. That is the mechanism the press has used in the past

    2. Re:no press super-citizens by SwashbucklingCowboy · · Score: 5, Insightful
      They are no different than anyone else.

      Actually, they are. They are specifically cited as a special protected group in the first amendment of the U.S. Constitution. Congress is specifically prevented from making any law abridging the freedom of the press.

    3. Re:no press super-citizens by Zak3056 · · Score: 2, Insightful

      Actually, they are. They are specifically cited as a special protected group in the first amendment of the U.S. Constitution. Congress is specifically prevented from making any law abridging the freedom of the press.

      You missed his point entirely. No one is arguing that congress is prohibited from making laws abridging the freedom of the press, but rather that "the press" is not defined as "people who graduated from the Columbia school of Journalism." A blog is protected the same way the New York Times is.

      --
      What part of "shall not be infringed" is so hard to understand?
  11. I'm noticing a trend by hackstraw · · Score: 3, Insightful


    The US federal government is becoming too powerful, and it needs to stop.

    I'm not sure who added the final blurb, "So our 1st amendment rights don't trump the right of the federal government to violate them?", but that entirely reminded me recently of another "trump" made recently. "The decision means that federal anti-drug laws trump state laws that allow the use of medical marijuana, said CNN senior legal analyst Jeffrey Toobin. Ten states have such laws."

    I'm dead serious here. If the federal government keeps on their power trip fascism journey, well, they will be in for a rude awakening. This kind of government is one that will either start a civil war or a revolt by the people. I'm dead serious.

    Once people's standard of living here goes down a few notches, which is already happening with the skyrocketing cost of housing. But as soon as people get to a point where they cannot afford the basics anymore, or when something like Social Security goes bust, we will loose faith in the government, and that will be it.

    So, you feds, watch your step.

    1. Re:I'm noticing a trend by HardCase · · Score: 2, Informative

      The 9th Amendment was intended to allow the courts to interpret the Bill of Rights and infer derivative rights that were not specifically enumerated. The "right of privacy" that is not specifically stated in the Bill of Rights is supported by the 9th Amendment because the gist of several of the first 8 Amendments are related to privacy. The right to toke pot, however, is kind of tough to derive from the Bill of Rights.

      Supreme Court Justice Goldberg mentioned the 9th Amendment quite pointedly in the majority opinion of a case that hinged on the 9th Amendment: "...Nor do I mean to state that the Ninth Amendment constitutes an independent source of right protected from infringement by either the States or the Federal Government."

      The Supreme Court has historically viewed the 9th Amendment as sort of a backstop to the fundamental concept of due process. Typically, a draconian law or order that might otherwise have a legal standing, can be ruled unconstitutional based on the 9th amendment - it's sort of the judicial equivalent of saying "that's not a very good idea". Maybe the PATRIOT Act should have been challenged on that basis.

      -h-

  12. So.... by Idarubicin · · Score: 4, Insightful
    ...it's illegal for everyone except journalists to spread around classified information?

    Wait--it's only okay for them to publish classified information if it embarrasses the (admittedly bloodly stupid) government, or needs to be released. Good thing we have honest, upstanding, selfless journalists to handle those decisions, then.

    Good thinking, Slashdot.

    Have we considered, perhaps, taking a more nuanced position?

    --
    ~Idarubicin
    1. Re:So.... by Kohath · · Score: 2, Interesting

      ...it's illegal for everyone except journalists to spread around classified information? ...

      And journalists are who we say they are. For example, no one at Fox News or any of the hated right-wing news outlets are true journalists. Ask Slashdot. They'll tell you that. Therefore, these pseudo-journalists can be prosecuted. Just not the NY Times.

      Have we considered, perhaps, taking a more nuanced position?

      I don't think it gets any more nuanced.

      You just need to learn not to anger the ruling class. They're "the good people". Only greedy, evil, oil-company-funded criminal-types disagree with them.

  13. What if the white house does the leaking? by MECC · · Score: 4, Interesting


    Is it illegal then? Even if its just to get back at political rivals? Even if the white house says "go ahead and leak to the press"? That's not illegal, but non-white house leaks are? Can you spell "corruption"?

    I knew you could...

    --
    "We are all geniuses when we dream"
    - E.M. Cioran
    1. Re:What if the white house does the leaking? by MECC · · Score: 2, Interesting

      Actually, the president has repeatly claimed that laws don't apply to him if he doesn't want them to. And, he also claims unitary executive authority, which means that he posseses authority to control all parts and people of the executive branch directly (micromanage, if you will). Of course, now that parts of the executive branch ('scooter' libby) have been caught leaking info to the press (IDs of active undercover agents are never 'declassified'), one would think that unitary executive would place responsibility squarely on the president's shoulders.

      No matter who justified Bush Administration leaks in what way, no undercover operative can be safe ever again, given the capricious way in which the Bush administration claims immunity from the laws and legislation, especially with such an obviously politically motivated classified leak. So in the end, if you're a CIA undercover operative, this would be a really good time to resign. Especially if you find data that doesn't fit the Bush admin world views and policies.

      Really good time to resign.

      --
      "We are all geniuses when we dream"
      - E.M. Cioran
  14. Fair is fair by digitaldc · · Score: 2, Insightful

    Okay, if publishing leaks is a crime so it shall be to start a war based on false pretenses.
    Any takers?

    {crickets}

    --
    He who knows best knows how little he knows. - Thomas Jefferson
  15. Re:How is this a first amendment issue? by be-fan · · Score: 2, Insightful

    This is information leaked from the inside, not stolen from the inside. If someone in your house leaks one of your business secrets to the press, do they have the right to publish it? Yes.

    --
    A deep unwavering belief is a sure sign you're missing something...
  16. You missed a part of the first amendment. by forgotten_my_nick · · Score: 4, Funny

    The bit where it says "unless Gonzales says so" at the end. Granted its written in Crayon, but it is a sacred document so you have to follow it to the letter.

  17. Depends by AviLazar · · Score: 4, Insightful

    I have to side with "it depends" group. If someone is publishing the nuclear launch codes, the names of our spy agents (or any other covert team, like Navy seals and their accomplishments), plans for a strategic strike, etc (basically something that can cost people their lives if the news got out) then I am for - yea your ass is going to jail for being a dick. This includes things like "we are investigating a known terrorist, and since you just published his face in the paper he went so far underground he won't even be able to find his asshole to wipe it after he takes a dump"...

    I understand what the otherside is doing "but what if the gov't names granny apple as a terrorist when she really is a sweet old lady who gives people apples...who can help her if we cant talk about it." Well this is where the gov't is wrong and the journalist should be allowed.

    We get in trouble when we speak of absolutes, and there are people on one side of the fence who say 100% 1st amendment right trumps. and people on the other side of the fence who say 100% National Security trumps. They are both wrong - it needs to be a depends. The journalist needs to use common sense, and the courts can prevail. If the journalist was doing something in the best act for our nation then kudos for him/her...if the jurnalist was only thinking about the Pulitzer Prize - well depending on the damage he/she may have caused they may be rightfully getting it post humously.

    --

    I mod down so you can mod up. Your welcome.
    1. Re:Depends by enitime · · Score: 2, Funny
      "They are both wrong - it needs to be a depends."

      I agree. Dealing with leaks definitely calls for depends.

    2. Re:Depends by lynx_user_abroad · · Score: 2, Insightful
      There are people who would disagree with you. ;-) Please allow me to play Devil's Advocate and represent one of them.

      We get in trouble when we speak of absolutes, and there are people on one side of the fence who say 100% 1st amendment right trumps. and people on the other side of the fence who say 100% National Security trumps. They are both wrong - it needs to be a depends.

      When the final push comes to the final shove one is left with the choice of saying either National Security trumps the Constitution or the Constitution trumps National Security.

      If National Security trumps the Constitution, then the final push will leave you with security for a nation which no longer exists. Your national security will be securing a Constitution which you have chosen to throw overboard.

      If the Constitution trumps National Security, then the final push has your Nation survive, but it must rely on something other than national security to be secure, because you've tossed national security overboard.

      Can a nation survive without national security? Maybe. Is there anything beyond national security which can keep a nation secure, or does every nation which has no national security immediately dissolve?

      Can a nation survive without a Constitution? No. And that's a by definition, absolute kind of no.

      We'd all like to believe that we're nowhere near that final push portion of the game, that we still have the luxury of making choices other than the final one. If we've built our laws and selected our leaders correctly, then it will be a "depends". In other words, it needs to be a depends if we're going to claim to have built our laws and selected our leaders correctly.

      But it does strike me how often we've heard our leaders speaking in just such absolutes, even if they seem to just be speaking poetically. Words like "New World Order", and "This war may last indefinitely...", and "you're either with us or you're against us".

      Should we really be translating these as "the old laws no longer apply" and "we may not be around to see what comes next" and "we're already making our final push, and we intend to defeat any counter shove."

      --

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

  18. classified crime by invader_allan · · Score: 2, Insightful

    So, as long as any illegal activity conducted by the government is given a classified status, there can not be any discovery of the crime by the people the government (used to) works for. So, if the president kills 50 people for sport and it is classified, anyone who ever tries to publish it will be guilty of an information crime. This is exactly the sort of thing that created public support for the revolutionary war, and the second one will be coming very soon. Especially when it becomes a crime to own weapons, and public meetings to organize are banned, and a Christian state develops, etc. But at least we have the SS and the Gestapo to keep track of citizens thinking about a revolution, and to keep the citizenry "clean".

  19. Old Polish joke springs to mind. by Vo0k · · Score: 5, Funny

    Seems currently in the USA the 1st amendment guarantees freedom of speech, but not freedom after speech...

    --
    Anagram("United States of America") == "Dine out, taste a Mac, fries"
  20. what's good for the goose by BitterAndDrunk · · Score: 2, Insightful
    I'd explain why it's important, but I've classfied that.

    We're talking about an administration that doesn't give a damn about the principles this country was founded upon, and believes that any and all rights should be suspended for the War on Terror. This is just a case of a gander having its goose cooked.
    This administration in particular is a big fan of "when in doubt, redact it out" to avoid publicized miscues, or (more importantly) their own contempt for the Constitution and the People's rights. That's capitalized on purpose, mind you.

    This isn't a "hey Geraldo's publishing troop movements!".

    This is "hey, concerned patriots are telling everyone about our thought police! Punish anyone who gives him a voice!"

    Transparency and freedom of the press are critically important for a democratic has already betrayed democratic ideals and have lost any credibility as leaders.

    --
    You better watch out, there may be dogs about . . .
  21. So much for the Pentagon Papers precedent. by Mr+Z · · Score: 5, Informative

    The Introduction to the Court Opinion on the New York Times Co. v. United States Case (the Pentagon Papers case) opens with:

    In a democracy, there is always a tension between a free press and the government, between what the government claims ought to be kept confidential and what reporters believe the public ought to know.

    There are some other choice tidbits in there... such as (emphasis added):

    [The First Amendment] leaves, in my view, no room for governmental restraint on the press. There is, moreover, no statute barring the publication by the press of the material which the Times and Post seek to use... [I]t is apparent that Congress was capable of and did distinguish between publishing and communication in the various sections of the Espionage Act.

    So any power that the Government possesses must come from its "inherent power." The power to wage war is "the power to wage war successfully." But the war power stems from a declaration of war. The Constitution by Article I, Section 8, gives Congress, not the President, power "to declare War." Nowhere are presidential wars authorized. We need not decide therefore what leveling effect the war power of Congress might have.

    These disclosures may have a serious impact. But that is no basis for sanctioning a previous restraint on the press...The dominant purpose of the First Amendment was to prohibit the widespread practice of governmental sup-pression of embarrassing information. A debate of large proportions goes on in the Nation over our posture in Vietnam. Open debate and discussion of public issues are vital to our National Health. The stays in these cases that have been in effect for more than a week constitute a flouting of the principles of the First Amendment as interpreted in [Near v. Minnesota].

    Hmm....

    --Joe
  22. Re:So from your post can I assume by 955301 · · Score: 2, Insightful

    Are you suggesting that our current "enemy" in the war zone doesn't already know these things? If a teenager with a cell phone is capable of providing this information to an upstream armed group (it's called scouting), surely a reporter pointing out, for example, that we're also funding the opposing side of the war should be entitled to when they come across proof.

    If a reporter finds out about something, it wasn't much of a secret, or going to be a secret much longer any way. It's often the case that US citiznes do not actually know what is going on until a report broadcasts the "secret".

    You'll find me a little more agreeable the day FOI requests aren't denied by default, then fought to the death, and finally touted as the government cooperating with the people once someone actually wrestles a piece of public information from this Neo-Christo fascist country of ours.

    --
    You are checking your backups, aren't you?
  23. Re:So from your post can I assume by DougLorenz · · Score: 3, Insightful
    You can assume whatever you want, but nobody else here is going to see your comment as anything other than a slippery slope fallacy.

    The government will always state that anything they don't want the public to know about is a national security risk in some form or another. This danger becomes even more severe as we enter into this new type of "War on Terror" where the proponents of such war would like to have the public believing that there are hobgoblins hiding in every shadow. If they can convince the public that everything is a threat, then everything becomes an issue of national security. And once everything becomes an issue of national security, and is classified accordingly, then there is no reason to worry about those pesky journalists.

    I have mentioned this in previous discussions, and I will bring it up again. I am not comfortable with one branch of government having the sole power to determine what the public is and is not allowed to see. This is the situation we are beginning to fall into. We have been here before, with Nixon using the national security argument in an effort to protect his activities.

    There isn't an independent clearing house for verifying whether something is national security or not, and since I don't trust giving the power to decide this to a single branch of government, I would rather error on the side of caution and support the Constitutional protection of a free press. Without this protection, only a fool would trust the government.

    Show me one example where the press has even tried to publish troop locations or a LEGAL military strategy. Of course, some people could argue that exposing the secret prison facilities is just such a case, while I disagree with the legality of the issue. However, we wouldn't even have the ability to argue whether the government's actions are legal or illegal if it were not for the media forcing the issue into the public discussion.

    --
    Slashdot, where you get modded down as redundant for stating an opposing viewpoint... Independent thought anyone?
  24. Re:Not surprising from W's rubber stamp by arivanov · · Score: 5, Insightful
    Hitler is the wrong comparison.
    • Hitler did not have to invent a terrorist organisation called the Trust (or "the Base", or whatever) and did not blame it to be responsible for any act of violence against Nazi Germany.
    • Hitler did not use of the phrase "Who is not with us, is against us" on a daily basis. He did not speak it with thick southern accent either.
    • Hitler did not blame every country he disliked to be planning an outrage against the "Peacefull folks of the Third Reich". He simply stated what is a "historical part" of the Third Reich (half of the world in fact) and tried it by any means necessary without inventing excuses. Any opposition was declared to be racially inferior without any extra added excuses.
    • Hitler did not play a simpleton to appease the crowds. In fact the Nazi propaganda machine tried to paint him smarter and more talented than he really was.
    • So on so fourth.

    The right comparison is the other genocidal dickhead. The Joseph Vissarionovich Dzhugashvilli one. Just ask any Russian speaker for a comparison of Bushisms with koba's pearls of wisdom. There is a clear one-to-one match there as well as a one-to-one match with Koba's vindictiveness, paranoia and simulated stupidity.

    This is also the scarier comparison. 'cause for all of his efforts Hitler never reached a fraction of Stalin's body count.

    --
    Baker's Law: Misery no longer loves company. Nowadays it insists on it
    http://www.sigsegv.cx/
  25. Re:A Slippery slope by Whiney+Mac+Fanboy · · Score: 2, Funny

    Thank you!

    At least someone got the joke. I mean, +5 informative :-( I got not one of the +1 Funny modifiers that I am always 'fiending' for.

    --
    There are shills on slashdot. Apparently, I'm one of them.
  26. Military is supposed to "Defend the Constitution" by Anonymous Coward · · Score: 3, Insightful
    In fact it's right here in the "Oath of Enlistement"
    "I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God." (Title 10, US Code; Act of 5 May 1960 replacing the wording first adopted in 1789, with amendment effective 5 October 1962).
    What happens when the first and third parts are in conflict is an interesting question.

    -- ac at work

  27. not so subtle difference in wording by Jtheletter · · Score: 2, Insightful
    "'But it can't be the case that that right trumps over the right that Americans would like to see, the ability of the federal government to go after criminal activity,' he said. 'And so those two principles have to be accommodated.'"

    OK, so what the Attorney General is saying here is that a well-established and extremely core right to freedom of the press that is clearly enumerated in the First Amendment can be trumped by a non-existant so-called "right" for the government to prosecute criminals that people may only WANT to see?

    I'm sorry, I thought I was living in a country based on laws, the rule of law, and upon a foundation of the constitution of our nation which all federal government officers and military personal have sworn to uphold. NOT a place where one man's personal interpretations of the feelings of the population somehow create new "rights" that somehow are rights fot he federal government. There are no federal government rights in the constitution, there are rights fo PEOPLE, there are LIMITATIONS for government.

    Mayve when the people, through their elected representatives, actually push through amendments that clearly revoke freedom of the press and also push forward with clarity the "right" for the federal government to prosecute crimes at any cost to liberty than Gonzalez might be in the right on this one, but until then he's talking about something even he admits is at best only something people "would like to have" - as in not the law currently.

    I, for one, am sick of the Bush administration and its lawyers trampling rights and rewriting laws baased on fast and loose or extremely technical interpretations of laws that are essentially legal loopholes. What they are doing is making a mockery of the law. They are searching statutes for minute differences in wordings that can be exploited to permit or disallow whatever is politically advantageous for them. And most of these interpretations seem to fly in the face of the spirit of the laws they are citing. If congress had truly intended these laws to be interpreted as is being done then they would have clearly enumerated these gotchas, not secretly imbedded them in tricky wording waiting for some clever lawyer to discover congress' "true intention" of the law that somehow went unnoticed for years. The Loophole Legality policy of the Bush admin has been used to justify everything from torture, to renditions, to suspension of haebois corpus to restrictions on speech at just about every level (I don't care how the law is interpretted, our founders never intended freedom of speech to be satisified by locking all dissenting protestors in a big cage far away from the politicians ala the RNC & DNC 'freedom of speech areas'). This has to stop. The SCOTUS needs to wake up and start telling the Attorney General that him, his crony interpreters, and his policies can go take a flying leap as THEY and not him are the interpretters of the consititution and the rights granted therein. As in the actual rights granted and the laws that pertain to them, not phantom rights that people would supposedly like to see but aren't actually in law.

    --
    -- I'm not a pessimist, I'm a realist. It's not my fault that life sucks so much. --
  28. Re:Military is supposed to "Defend the Constitutio by Just+Another+Perl+Ha · · Score: 5, Interesting
    That's funny.... it looks like they removed a word from that oath since I took it back in 1985. The phrase
    "and that I will obey the orders of the President of the United States and the orders of the officers appointed over me..."
    ...used to read...
    "and that I will obey the lawful orders of the President of the United States and the orders of the officers appointed over me..."
    Now... I wonder who took that word out of there, hmmmm?
  29. What's the difference? by Brietech · · Score: 2, Insightful

    What, pray tell, is the difference between a "suspected terrorist" and an otherwise innocent citizen, if the courts have not decided they have done something wrong?

    If they DO have enough probably cause to monitor them, why would it be difficult to get court approval?

    --
    I'm perfect in every way, except for my humility.
  30. Re:The plain fact of the matter... by SwashbucklingCowboy · · Score: 2, Informative
    The program neither originated with Bush II (actually Echelon dates back to Carter) nor is it being misused as asserted. Sorry folks

    Echelon complied with FISA. Bush's wiretapping program doesn't.

    It's funny how the party that used to talk about "the rule of law" doesn't want to actually comply with the law...

  31. Re:Perfectly sound reasoning by Shining+Celebi · · Score: 2, Informative
    3. I have yet to see anything in these 'leaks' (I'd dare call it treason) that have advanced the cause of Freedom. Yes we bug the terrorists, even when they dial into or take a call from the US. And do you think we didn't bug German agents during WWII? Hell yes, inside and outside the US. That is War. Spying between nation states isn't the same as police work. Few also have a problem with the notion that the NSA might have done some interesting pattern analysis on calling records looking for stuff worth poking further into. If they went further without passing by a judge for a warrant I'd have a problem, but there isn't an accusation of that.

    Bullshit. The programs under the NSA do not solely tap the phones of terrorists. This administration has explicitly violated both Constitutional and federal law with regard to wiretaps, and they have no excuse; FISA even allows you to wiretap and then get a warrant 72 hours later. Nearly every "tip" in the administration's "terrorist surveillance program" had led to dead ends and innocent Americans.

    The government is legally required to get a warrant even to just check out what numbers people have been calling, without a wiretap, as mentioned in the previous linked article. The administration ignored that law and the judgements of the judges that held it up. Depending on what polls you subscribe to, anywhere from 30%-60% of Americans do have a problem with the NSA program collecting phone records. I definitely have a problem with it. Not everyone is a coward like you that would have complete safety from the Big Bad Terrorists in exchange for their privacy and their freedom.

    Neither war nor terrorists give the government an excuse to trample on the law and the freedoms we are guaranteed.
  32. Re:Perfectly sound reasoning, unfettered by facts by adminispheroid · · Score: 2, Informative
    Perhaps Gonzales made a muddle of this issue which is so clear to you because he understands the "secrecy" laws better than you do. They do not make it a crime to publish classified information, except under specific circumstances. Basically, if the government gives you access to classified information, you are given notification of what constitutes proper handling of that information, and violating those rules is a crime. But if such a person does disclose that information improperly, the person they disclose it to is under a *much* looser set of restrictions. And in particular for a journalist to publish that information is not a crime, though Gonzales apparently wants to reinterpret the law to make it one.

    You may think this is nuts, but this is what the law says. This is one reason why there a frequent clash between authorities and journalists is over revealing sources. The *source* of the classified info has committed a crime, so journalists who conceal their sources are concealing evidence in a criminal investigation.

  33. Re:Uh. by dhasenan · · Score: 3, Interesting

    As long as you have the myth that anyone can be well off if they work hard enough, Americans will keep sucking it up. Once poverty is a source of guilt, you can control the poor; and if you're the rich, you can increase the poverty gap as much as you like.

  34. difference with china by richlv · · Score: 2, Insightful

    i'd just like to note that even though currently slashdot readers from usa can bash china for imprisoning journalists for publishing improper views, they are slowly moving towards similar situation.
    removing freedoms one by one in small steps (throwing in a bunch of fear, usually from terrorists) is quite effective, as shown here.
    big brother theories like 1984 or even more modern culture ones like deus ex makes me feel strange. things that seemed almost impossible and funny then are slowly coming to the country near you. or your country. not that many are noticing.

    --
    Rich
  35. Clarify something for me. by Valdrax · · Score: 2, Insightful

    Are you saying?

    1) It was right under Bush and Clinton both.
    2) It was right under Bush and not right under Clinton.
    3) It was not right under Bush and right under Clinton.
    4) It was not right under Bush and Clinton both.

    If you're saying anything but 1 or 4, you're a flaming hypocrite. If you're saying 1, then you're consisent but wrong.

    If, instead, you're trying to undermine opposition for the position that the Bush administration is wrong for doing it by pointing out that Clinton did it too, then you're in for a rude surprise -- that doesn't work. That just makes us angry at Mr. Triangulation too. Believe it or not, a lot of people actually stand on loyalty to principles instead of loyalty to party or persons.

    Also, while it's considered irresponsible for journalists to identify rape victims and out undercover cops, unless there's a court order to the contrary, there's no standing law to that effect that I'm aware of. I doubt it would hold up in federal court if there was one.

    State secrets is another matter entirely, but I think there should be considerable leeway for when the state's secret is that it's violating the laws and the freedoms of its citizens. You CAN'T let it be any other way or else you truly have an unaccountable government which is the opposite of what a democracy is supposed to be. National security should not trump the human rights of its citizens.

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
    1. Re:Clarify something for me. by Loki_1929 · · Score: 4, Insightful

      "I believe the relevant expression is: The constitution is not a suicide pact."

      "Let's think about this for a moment - a group of farmers, lawyers, and businessmen sign their names to an open declaration of treason against the Crown, which controls the largest empire and the most powerful military the world has ever seen, and whose punishment for treason is generally death, and it's *NOT* a suicide pact?! I just love that one. Had the revolution turned out the way that any logically thinking person would have expected (it certainly hadn't completely succeeded just yet - see: War of 1812), every man whose name appeared on that Constitution would have been executed to serve as an example of what happens to traitors. These men put liberty far above their personal safety in the face of nearly certain death - but hey, it's not a suicide pact or anything." - NJ_Gent (2004)

      --
      -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
    2. Re:Clarify something for me. by Valdrax · · Score: 2, Insightful

      In other words, you are advocating suicidal anarchy?

      Anarchy, no. Democracy, yes. Democracy requires that citizens be informed of the actions of their government and that their government does not have undue powers to force its will upon the people.

      A spying program specifically meant to correlate leaders of factions and to find links between people is very, very useful in suppressing opposition and protest groups. You just attack the most connected nodes. Keeping the public in the dark about it only makes it more sinister since the people cannot vote against a program that they may find morally repellent if they do not know it exists. This is explicitly anti-democratic.

      At what point do we curb liberty to save our own lives?

      Not here. Not anywhere close to here. What is the point in having our lives if they are not worth living? A government with these powers could easily crush dissent and make the lives of unhappy citizens short, nasty, and brutish. I personally do not believe in the Confuscian ideal of the harmonious people all of one mind and character. That sort of public contentment is a chimera and a civilizational dead-end.

      It is one thing to limit our "liberty" to directly harm one another for safety such as by having laws against murder and rape. It is another thing to demand that we be kept in the dark about what our government is doing, be spied upon daily for whatever the government deems is dangerous activities, and to be prosecuted for telling others secrets our government does not want the citizens to know. If that's your sort of thing, I'd look into Mandarin classes because there's a whole tradition of thought that finds that sort of thing necessary across the Pacific. That's not the American way, though.

      We are not a situation of being under foreign rule right now.

      Why does it have to be foreign to be bad? Is it not worse to have your fellow citizens give away your country to oppression? Just ask an Iraqi Kurd sometime what it's like. Ask a woman in Saudi Arabia. Ask a political dissident in North Korea what the labor camps are like. Ask a former slum-dweller from Zimbabwe what Operation Clean Up Trash was like.

      We are under a situation of rule from a President who has quietly, repeatedly asserted the position that the White House and the military are above rule of law. Read about signing statements. Read about White House memos on torture, prisoner rights, and domestic surveillance. Just go down the list of the Bill or Rights and Google "Bush [Xth] Amendment." (You can skip 2nd & 3rd, though.) Read about "unlawful combatants" and "enemy combatants" and Jose Padilla.

      Are we truly safe in a government where the executive branch asserts that the law gives them the privilege to break the law? This is what your trading liberty for security has bought you. When will Bush go "far enough" in your mind?

      --
      If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  36. What is "inconsequential"? by Dobeln · · Score: 2

    "Terrorism is an inconsequential threat"

    Depends - a country really cannot function normally unless political violence (of which terror tactics against the general population is perhaps the most potent kind) is curtailed and kept at an absolute minimum. Having city centers and landmarks get blown up with any regularity is a no-no if you want a working country.

    It really doesn't matter much that more people die from cardiovascular disease or similar causes compared to terrorism (the death rate is steady and holding at 100%, after all...). This is especially true after the advent of the mass media - terrorism is after all about terrorizing the enemy into submission.

    Also, it is worth noting that most Slashdotters moaning over, say, the USA PATRIOT act couldn't tell us what is actually in the act if their life depended on it. Even if Terrorism can be considered an "inconsequential threat" by the standards used by its opponents, I am quite interested in hearing why Patriot should be considered a "consequential threat" by the same standard.

    1. Re:What is "inconsequential"? by hab136 · · Score: 5, Insightful
      Depends - a country really cannot function normally unless political violence (of which terror tactics against the general population is perhaps the most potent kind) is curtailed and kept at an absolute minimum. Having city centers and landmarks get blown up with any regularity is a no-no if you want a working country.

      Tell that to England (IRA bombings) or Israel, which seem to function just fine.

      In fact, England seemed to chug right along during WW2, when they were getting bombed to pieces. The difference is, the government back then told people to keep going despite the bombings, instead of trying to frighten the populace in order to grab (more) control.

    2. Re:What is "inconsequential"? by Shelled · · Score: 2, Insightful
      "Tell that to England (IRA bombings) or Israel, which seem to function just fine."

      Do they? I guess it depends on the definition of 'fine'. England is passing laws that'll soon have Orwell popping vertically from the soil. They're well on the way to replacing eternal vigilance with eternal surveillance. I don't know enough about Israel but it doesn't appear "a place I want to live". It's the only country that for me consistently conjures the mental image of a uniformed official brandishing an MP5. Though I agree completely with your last paragraph, it illustrates a more civilized response to the real threat of terror.

  37. Re:Plamegate; in my world by pedestrian+crossing · · Score: 2, Insightful

    Yes, Bush & Co. tried playing by Democrats rules and didn't do all that well. Good thing I wasn't President though, you really wouldn't have liked my solution to Idiot Joe "My wife is a secret agent!" Wilson and his traitorous bitch wife.

    So, back to the topic at hand, since you weren't/aren't president, what does Novak and his source get? Medal of Freedom? Pound-me-in-the-ass prison?

    Sounds like you have a pretty strong double-standard going.

    Regardless of what tawdry spin you want to put on this, the fact is that Novak reported classified information that was leaked to him by the White House. You cannot legally differentiate between the leakers you favor and the leakers you don't favor.

    --
    A house divided against itself cannot stand.
  38. A Man for All Seasons by Analogy+Man · · Score: 2, Insightful
    Bring the prosecutions and watch them fall one by one.

    This reminds me of the following exchange of Sir Thomas More from "A Man For All Seasons" set in the time of King Henry VIII.

    Roper: So now you'd give the Devil benefit of law!

    More: Yes. What would you do? Cut a great road through the law to get after the Devil?

    Roper: I'd cut down every law in England to do that!

    More: Oh? And when the last law was down, and the Devil turned round on you - where would you hide, Roper, the laws all being flat? This country's planted thick with laws from coast to coast - man's laws, not God's - and if you cut them down - and you're just the man to do it - d'you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake.

    The inward looking secretive nature of this administration pre-dates 9/11. I recall a complaint from a Republican congressman from the summer of 2001 that this administration was the slowest at responding to information since he took office in the 1960's. Most enquiries went unanswered.

    --
    When the people fear their government, there is tyranny; when the government fears the people, there is liberty.
  39. These laws would not have saved anyone! by wolff000 · · Score: 2, Insightful

    Last I checked the FBI and CIA had word of these attacks and did nothing because of their refusal to cooperate with each other. I personally lost friends in the attacks on the World Trade Center. Some who worked there and one who was a firefighter. I know for a fact they would be against these so called laws. They would have wanted something positive to come of thier deaths not oppression and a war that has nothing to do with terrorism. They can say this is for the greater good all they want, but its a power grab pure and simple.

    --
    WTF?
  40. Rights vs. Powers by Titusdot+Groan · · Score: 2, Insightful
    The Gonazales quote shows a disturbing lack of understanding of what a right is.

    A right is something a person has. A power is something to goverment can do. The Constitution outlines how rights are a check on powers.

    The fact that the Attorney General of the US can even talk about the trade off of the first amendment rights against the right of the federal government shows how deeply he, and the President he works for, misunderstand the basic tenents of a constitutional republic.

  41. Not quite... by Mycroft+Holmes+IV · · Score: 2, Insightful
    [...]Echelon all existed under Clinton. Moreover, he and his administration were big pushers of Echelon (quite likely bigger pushers of it than the current administration).

    Obtaining classified information on our intelligence practices and reporting them to the public has always been a crime. [...]


    Actually, Echelon has existed for a quite a while. I remember original references back to Harvester. (Much more than just Bush and Clinton.)

    Furthermore, Eschelon and others listened to international calls...not internal US call.

    And I can't see how reporting classified information is a crime. If it was, whomever published about Valerie Plame would be in jail (They're not) and I wouldn't know about Eschelon and others.

    Nope...this admistration is just a little bit different.
  42. Are you sure by Anonymous Coward · · Score: 2, Informative

    The Army has a historical list of the versions of the oath that have existed since its origin. The words "lawful orders" don't appear in any of them.

  43. Furthermore by metamatic · · Score: 4, Informative

    All the statistics showed that excluding 9/11, the various power grabs were followed by more people being killed by terrorists. So they stopped putting out the annual report...

    --
    GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
  44. Re:Military is supposed to "Defend the Constitutio by delcielo · · Score: 2, Funny

    I could tell you; but it might get me thrown in jail.

    --
    Hot Damn! It's the Soggy Bottom Boys!
  45. Give me liberty or give me death. by Valdrax · · Score: 4, Insightful

    The constitution is not a suicide pact.

    Cowards who value their lives more than their freedoms are the fundamental building blocks -- the foundation -- upon which every house of tyrants is built. If you are seriously arguing that the rights of the people to be secure in the persons or to have the actions of their government made accountable and open to them are less important than their so-called safety, then you are a morally treasonous coward. You are the brick and mortar of a police state, and I grieve that my country has made so many of you.

    Or, as Patrick Henry -- one the men instrumental in both the revolution and in pushing for the adoption of the Bill of Rights specifically to limit the power of the federal goverment -- said, "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!"

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
    1. Re:Give me liberty or give me death. by JWW · · Score: 2, Interesting

      While I agree with the spirit of your post. I cannot fully agree. We are talking here about classified information. Things that are supposed to be classified are considered "secrets" of the government. There is an has always been punishment for those that reveal the coutries secrets, since the founding of this country (and even before).

      Free speech is about being free to speak your mind and give your opinion. It is not about telling your countries secrets and undermining its security. While I believe the actions going after the "whistleblowers" in this case may be quite overzealous. They did release classified information, and that has always been wrong. Whether or not that information should be classified is debatable, and whether or not the government should be collecting it is also debatable. But anyone charged can have that debate during their trial.

      Now before anyone goes ballistic over my stance, or gets all worked up about my stance with respect to our First Amentment freedoms, please ask youself this:

      If the Rosenbergs had given the details on the bomb to a newspaper to be printed, instead of handing it over to the Soviets, do you think they should have been protected just because a newspaper has a right to publish under the first amendment? Do you think the newspaper should be protected? This was notably one of the biggest "leaks" ever in US history. But what if it had gone just like this one with a publisher involved with a unnamed source. Should they be protected in this? It is actually a debatable question and a hard one at that. It not as easy as "all speach must be free" all of the time.

  46. Title 18, Sec 798 anyone? by sparr0w · · Score: 2, Informative
    This has been around much longer than all the "recent" 9/11 stuff... has anyone bothered to search for laws and codes regarding the release of classified information? If so, you'd have probably seen this:

    title 18, sec 798

    And for the 90% of slashdot that's too lazy to look, here's the meat of this code:
    (a) Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information -
    (1) concerning the nature, preparation, or use of any code, cipher, or cryptographic system of the United States or any foreign government; or
    (2) concerning the design, construction, use, maintenance, or repair of any device, apparatus, or appliance used or prepared or planned for use by the United States or any foreign government for cryptographic or communication intelligence purposes; or
    (3) concerning the communication intelligence activities of the United States or any foreign government; or
    (4) obtained by the process of communication intelligence from the communications of any foreign government, knowing the same to have been obtained by such processes -
    Shall be fined under this title or imprisoned not more than ten years, or both.
    (b) As used in subsection (a) of this section -
    The term ''classified information'' means information which, at the time of a violation of this section, is, for reasons of national security, specifically designated by a United States Government Agency for limited or restricted dissemination or distribution;
    and according to this, its been around since 1998... so before you jump on the ever-popular bush+cronies bash wagon, why don't you take a look to see *when* it was you lost your civil rights... you'll find they've been slowly chopped away at for a long time, by democrats and republicans alike.
  47. Ashcroft by maxume · · Score: 2, Funny

    This makes Ashcroft's religious fanaticism and messiah complex seem rather quaint now doesn't it.

    --
    Nerd rage is the funniest rage.
  48. Press Code of Ethics by ClarkEvans · · Score: 2, Informative

    Press Code of Ethics (Associated Press)
    Associated Press Managing Editors. Code of Ethics. 1995
    http://www.asne.org/ideas/codes/apme.htm
    Associated Press Managing Editors
    Code of Ethics
    Revised and Adopted 1995
    These principles are a model against which news and editorial staff members can measure their performance.

    They have been formulated in the belief that newspapers and the people who produce them should adhere to the highest standards of ethical and professional conduct.

    The public's right to know about matters of importance is paramount. The newspaper has a special responsibility as surrogate of its readers to be a vigilant watchdog of their legitimate public interests.

    No statement of principles can prescribe decisions governing every situation. Common sense and good judgment are required in applying ethical principles to newspaper realities. As new technologies evolve, these principles can help guide editors to insure the credibility of the news and information they provide. Individual newspapers are encouraged to augment these APME guidelines more specifically to their own situations.

    RESPONSIBILITY

    The good newspaper is fair, accurate, honest, responsible, independent and decent.

    Truth is its guiding principle.

    It avoids practices that would conflict with the ability to report and present news in a fair, accurate and unbiased manner.

    The newspaper should serve as a constructive critic of all segments of society. It should reasonably reflect, in staffing and coverage, its diverse constituencies.

    It should vigorously expose wrongdoing, duplicity or misuse of power, public or private. Editorially, it should advocate needed reform and innovation in the public interest. News sources should be disclosed unless there is a clear reason not to do so. When it is necessary to protect the confidentiality of a source, the reason should be explained.

    The newspaper should uphold the right of free speech and freedom of the press and should respect the individual's right to privacy. The newspaper should fight vigorously for public access to news of government through open meetings and records.

    ACCURACY

    The newspaper should guard against inaccuracies, carelessness, bias or distortion through emphasis, omission or technological manipulation.
    It should acknowledge substantive errors and correct them promptly and prominently.

    INTEGRITY

    The newspaper should strive for impartial treatment of issues and dispassionate handling of controversial subjects. It should provide a forum for the exchange of comment and criticism, especially when such comment is opposed to its editorial positions. Editorials and expressions of personal opinion by reporters and editors should be clearly labeled. Advertising should be differentiated from news.

    The newspaper should report the news laws without regard for its own interests, mindful of the need to disclose potential conflicts. It should not give favored news treatment to advertisers or special-interest groups.

    It should report matters regarding itself or its personnel with the same vigor and candor as it would other institutions or individuals. Concern for community, business or personal interests should not cause the newspaper to distort or misrepresent the facts.

    The newspaper should deal honestly with readers and newsmakers. It should keep its promises.
    The newspaper should not plagiarize words or images.

    INDEPENDENCE

    The newspaper and its staff should be free of obligations to news sources and newsmakers. Even the appearance of obligation or conflict of interest should be avoided.

    Newspapers should accept nothing of value from news sources or others outside the profession. Gifts and free or reduced-rate travel, entertainment, products and lodging should not be accepted. Expenses in connection with news reporting should be paid by the newspaper. Special favors and special tr

  49. Why no attacks on US soil since 9-11? by alfredo · · Score: 2, Informative

    It is not because we are more secure.

    If you remember some of the goals spelled out by Osama. First Osama wanted the US military out of Saudi Arabia. Bush pulled our military out.
    He wanted to goad us into war on their turf. The bombings of US interests were unsuccessful, Clinton didn't take the bait. He used law enforcement instead of the military. Out of frustration the planned a big attack that would get our attention. Bush took the bait and invaded Afghanistan. A limited war in Afghanistan is not quite what he wanted, but it seemed to keep him satisfied.

    Where bush went wrong was his invasion of Iraq. bush has delivered beyond Osama's wildest wet dream. The longer we are there, the better for Osama's agenda (drain our treasury, weakening our military, and weakening us world wide). As long as bush delivers what Osama wants, we will not be invaded.

    Back on topic

    What is going on is a power grab. Cheney is a big believer in an imperial president (Read up on Leo Strauss and the neo conservatives). Cheney and his fellow neo cons believe in a society far different from what is spelled out in our constitution. They want a dictatorship. The term "decider" is a newspeak word for dictator. People should have taken note when bush openly stated his support of a dictatorship back in Dec 18 2000.

    Gonzo's pronouncement is not a surprise to us in the trenches. We have been watching the neo cons working toward a Straussian inspired police state. They didn't need the threats when they had control of the media. His threats are a sign they are losing control.

    We all need to get informed and get involved. Time is running out. Maybe leaks should not hit the media first, they should be spread to tens of thousands first, then published. That way there will be too many people to imprison.

    When they threatened legal action against the people of Blackbox Voting, we spread the data all over the world. They couldn't stop us, there were too many of us. Rep Dennis Kucinich went as far as publishing the data on his website and dared the junta to come after him.

    Resist and stay free

    --
    photosMy Photostream
  50. Trumping Free Speech by Corbets · · Score: 2, Insightful

    One important point to note is that free speech does not trump all. For example, libel and slander are both illegal despite the first amendment. So while it is an important right, there is precedent for other considerations overruling free speech.

  51. Re:Where do you go when freedom loses by swordgeek · · Score: 4, Insightful

    Where do you go? You stay RIGHT THERE, and FIGHT for your freedom, dammit!!!

    The US is quickly falling into a totalitarian state because of ONE REASON: The populace allows it. The PEOPLE are letting the government get away with this! YOU are letting the government get away with this!

    Gonzales supports torturing prisoners to get information. Rumsfeld, Wolfowitz, Cheney, and others selected Bush as their champion to invade Iraq and sieze control of the middle-east almost two years before he was nominated for the presidency. Oh, and let's not forget the US government deporting Canadian citizens to other countries where they'll be tortured, as happened with Maher Arar.

    Then consider how the government treats its own people: Spying on them illegally, trashing the first ammendment, and imprisoning them.

    Why are you letting these people walk through the streets freely? Why are you letting them run your lives? Why are YOU PERSONALLY not standing up against them, and fighting for everything that they're destroying, after two and a quarter centuries?

    Quit complaining. Fight for your lauded rights. Fight with words and law and accountability, or later on you'll be fighting with knives and guns and molotov cocktails.

    --

    "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
  52. A quick summary for the lazy... by Mister+Whirly · · Score: 2, Insightful

    Judge Gonzales -
    "When our guys do it - good.
    When you guys do it - bad."

    --
    "But this one goes to 11!"
  53. whistleblower laws and signing statements by Phantom+of+the+Opera · · Score: 2, Informative

    The police are under the executive branch. When the President signs a law, he can make a 'signing statement'. This gives direction to the people in the executive branch for following the law. These 'signing statements' have been used to *IGNORE* certain parts of laws passed by congress. Bush has given more 'signing statements' than any other President in history.

    This includes whistleblower laws. He's basically ignoring them.

    http://www.boston.com/news/nation/articles/2006/04 /30/bush_challenges_hundreds_of_laws/

  54. Re:Thanks for voting for Bush! by Bassman59 · · Score: 2, Funny
    Hey - thanks again to all of you who voted for Bush. Lemme guess, some of you even have stickers that say "Vote Freedom First."

    There's a monster truck in town with two stickers in the rear window.

    One is a Bush/Cheney '04 sticker.

    The other says, "Don't Steal. The Government Doesn't Like Competition.

    The irony is so thick it's blocking the guy's view out the back of his truck.

  55. Re:Terrorism is an inconsequential threat by rossifer · · Score: 4, Insightful

    here on Earth emotions trump logic. Terrorism, by its definition is fear. Fear of random, horrifying, deadly violence against your family and friends and countrymen.

    But terrorism only works when you let yourself be afraid. We don't have to be afraid. The government and the media are both very interested in having us be afraid. The government wants it because that fear can be translated into reasons for expansions of power, which eventually reward the corporations who pay the lobbyists that compensate the politicians. The media wants it because that fear translates into more advertising dollars during the airtime that panders to fear.

    But you don't have to accept either group's assertion that you should be afraid. You should think carefully and act rationally and live your life deliberately aligned with your principles. Being afraid of the vague threat of terrorism doesn't do that. It directly and completely prevents that.

    people react with emotion. The[y] feel fear. They also feel an incredibly strong, compelling emotion for justice and to make things right. I do not mock this, I salute it.

    You're conflating a bunch of things together as if they were the same thing. They're not. Having a healthy understanding of risk means avoiding dangerous situations based on a reasonable fear of harm. Being paralyzed by fear to the point that you're willing to sacrifice your freedoms to feel a little security is pure insanity. Wanting to find and punish those who have harmed us is a healthy desire for justice. Wanting to keep anyone who might harm us locked away without any charge or even a promise of a trial runs afoul of so many principles Americans should hold dear (prior restraint, innocent until proven guilty, due process, etc.) that the fear has again caused people to set aside their core principles.

    Pure insanity. There is no reason to be so afraid. There is good reason to want to correct what has gone wrong. There is good reason to want to make sure that the police can do their jobs. There is no reason to believe that the police couldn't do their job with the laws before 9/11.

    You are a slave to the fear you have been told to feel and I pity you. As long as you are afraid, you will never be free.

    Regards,
    Ross

  56. This is a crack in the levee. by Valdrax · · Score: 3, Insightful

    While I believe the actions going after the "whistleblowers" in this case may be quite overzealous. They did release classified information, and that has always been wrong. Whether or not that information should be classified is debatable, and whether or not the government should be collecting it is also debatable. But anyone charged can have that debate during their trial.

    That debate is pointless if the law explicitly states that state secrets trump press freedom in all cases. The Chilling Effect is already present and all that is left is for the brave to sacrifice themselves needlessly. I believe that the balance of power should always be in the favor of the people and not in favor of the appointed guardians of the people.

    If the Rosenbergs had given the details on the bomb to a newspaper to be printed, instead of handing it over to the Soviets, do you think they should have been protected just because a newspaper has a right to publish under the first amendment?

    No, in that case the secret of the state was a particular weapons technology. That we had such a device was already public knowledge. The people in fact had a right to know that we had the bomb once it was used. The implementation details of how to make such a weapon however did not need to be as it was not a significant threat to the liberty of the people to be deprived of such knowledge. No political party or movement could be persecuted or intimidated and democracy is not threatened by nuclear weapon implementation details.

    That's an essential difference between these two example. However, a program that spies on the activity of Americans that was kept secret from the people is another thing because it is ripe for abuse. In this case, the state secret is that it is acting in a manner that is arguably counter to the interests of the people. That sort of secret should never be kept.

    Given the actions of the current administration against peace groups and the historical precident of what happened to civil rights leaders during the 1960s, I cannot trust the government not to ever use this power against its own citizens for "ends justify the means" purposes.

    To let the executive branch should have the power to simply quash all public debate on its actions by slapping a security clearance on its programs is extremely dangerous. It's a Soviet-like power grab. To say that the people do not have a right to know (and thus be able to protest) some of the actions of their government is to forfit all your power over government in these areas. Any place in government where the people do not have control is a crack in the levee and will widen over time as our current adminstration is making more and more clear each day.

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  57. Re:And a complex legal issue is again subjected to by nickmalthus · · Score: 2, Insightful

    A right and a privilege - Learn the difference

    --
    If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be-T J