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EFF Case Against AT&T To Go Forward

Tyler Too writes "The NSA wiretap lawsuit filed by the EFF will apparently be moving forward. A federal judge has denied the government's request that the EFF's lawsuit against AT&T be dismissed. Among other things, the judge ruled that 'if the government has been truthful in its disclosures, divulging information on AT&T's role in the scandal should not cause any harm to national security.' The case will now move forward, pending a government appeal."

61 of 227 comments (clear)

  1. I Like His Logic by Winckle · · Score: 4, Funny

    "if the government has been truthful in its disclosures, divulging information on AT&T's role in the scandal should not cause any harm to national security."

    Sounds like the "terrorists" might've won.

    But sounds good to me, but i'm a filthy liberal.

    1. Re:I Like His Logic by Tackhead · · Score: 4, Funny
      > Sounds like the "terrorists" might've won.

      <voice=texan>
      An' they hate us for our freedom. So...
      </voice>

      > But sounds good to me, but i'm a filthy liberal.

      <voice=texan>
      Yeah, it's all your fault! Fer six years some folks have been complaining that the government isn't listening to the people... an' now that it does, y'all are haulin' us into court for it! What gives?
      </voice>

    2. Re:I Like His Logic by Vicissidude · · Score: 3, Funny

      No, in this case, the problem isn't the filthy lib'rals, but them thar activist judges!

    3. Re:I Like His Logic by WhatAmIDoingHere · · Score: 4, Insightful

      My right to live my life without being molested on a constant basis by the government outweighs your right to not get blown up.

      --
      Not a Twitter sockpuppet... but I wish I was.
    4. Re:I Like His Logic by blincoln · · Score: 5, Insightful

      am not saying this to be mean or short-sighted but every time I see a very liberal person taklign about the wiretapping/phone records issue, they genuinely come across to me as someone who would rather see people DIE as in DEAD than have one single person's phone call monitored that shouldn't have been. Does it matter that they were talking about a recipe for fried chicken or a rendezvous at a restaurant? No.

      That's funny. Every time I hear a very stereotypically "conservative" American talking about the wiretapping/phone records issue, they genuinely come across to me as someone who would rather see Americans live under constant surveillance with no actual freedom than have one single person stand a chance of being killed (or even injured) by some nebulous "terrorist" bogeyman-of-the-week.

      The thing is, I can't figure out if it's blind stupidity alone, or stupidity mixed with blind hatred of the Bush administration, and by extension, the military and intelligence communities.

      The thing is, I can't figure out if it's blind stupidity alone, or stupidity mixed with a blind hatred of anything they perceive as "liberal."

      The issue here is not the NSA listening in on one particular person giving a recipe to a friend. It is the mentality that a surveillance society is a good thing. The NSA wiretaps are a product of that mentality, with the logical conclusion of it being totalitarianism. That is why people like me want to see programs like this smashed *now*, before they get even more out of hand.

      --
      "...always new atoms but always doing the same dance, remembering what the dance was yesterday." -Richard Feynman
    5. Re:I Like His Logic by rajafarian · · Score: 2, Interesting

      ... who would rather see Americans live under constant surveillance with no actual freedom than have one single person stand a chance of being killed...

      Sheet. Didn't thousands if not millions of Americans more or less willfully die for the right of Americans to live freely and not under surveillance? Hell, I'd die if I knew that would be what I were doing.

    6. Re:I Like His Logic by Beryllium+Sphere(tm) · · Score: 5, Informative

      You say
      >they genuinely come across to me as someone who would rather see people DIE as in DEAD than have one single person's phone call monitored that shouldn't have been.
      Patrick Henry 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!"

    7. Re:I Like His Logic by geminidomino · · Score: 4, Funny

      I think as opposed to "DEAD" as in "jiggly beach vollyball"

    8. Re:I Like His Logic by mrchaotica · · Score: 2, Insightful
      Hell, I'd die if I knew that would be what I were doing.

      Yeah, but I wouldn't if I knew we were going to just go and screw it up like we're doing now!

      --

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

    9. Re:I Like His Logic by mrchaotica · · Score: 3, Insightful

      The difference is who it's being applied to. Private citizens have a right to privacy (that's why they're called "private!"); the government does not.

      --

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

    10. Re:I Like His Logic by ghc71 · · Score: 2, Insightful

      "Give me liberty or give me death!" is a rallying cry for American patriots. 'Nuff said.

      --
      - Sig files: contemptibly familiar the second time around.
    11. Re:I Like His Logic by TubeSteak · · Score: 2, Funny

      /me smacks the ignorant hillbilly upside the head.
      You sound like one of them Cee-En-En types.
      Don' chew know that all them thar activist judges is filthy lib'rals?

      --
      [Fuck Beta]
      o0t!
    12. Re:I Like His Logic by WhatAmIDoingHere · · Score: 2, Funny

      I'm against abortion. I am for murdering children.

      --
      Not a Twitter sockpuppet... but I wish I was.
    13. Re:I Like His Logic by uvayankee1 · · Score: 2, Insightful

      Essentially, you can't have freedom and security at the same time. If a government protects my rights and freedoms, then it should protect yours as well, and also those of anyone else who lives here. So if the government is protecting my rights, which I sincerely hope they are, then they are also protecting the rights of someone who wants to read up on how to make bombs or who wants to plot a bank robbery. That's not to say that if authorities get wind of such actions they shouldn't try to tap in and find out about what's going on, but first and foremost, my rights should be protected.

      It's also worth noting that the Government can't keep you safe. Never has been able to, never will be able to. It's a frightening thought at first, but if you think about it, there is little that can guarantee safety in this world. So given the choice between our rights and freedoms, which we can protect, and a nebulous illusion of safety, which cannot actually exist, then I would choose freedom.

      Finally, the opposite of wiretapping is not people dying, the opposite of wiretapping is freedom from government survelliance and the protect of my right to free speech, and governmental respect of my privacy.

  2. Either the EFF is fast or /. is slow by Skyshadow · · Score: 5, Insightful
    I just got the EFF's "we're winning, now please donate more cash" spam and surfed over here to see if there were details. Scary how the two lined up so perfectly.

    So yeah, if you have a few bucks, they could probably use it. I realize it's only our basic liberties, but let's be honest -- if you don't donate your spare cash to the EFF, you're just going to waste it on booze.

    --
    Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
    1. Re:Either the EFF is fast or /. is slow by RWarrior(fobw) · · Score: 2, Funny

      if you don't donate your spare cash to the EFF, you're just going to waste it on booze.

      too bad we can't waste it on girls.

      --
      Remove the caps and hold to a mirror.
  3. Hmm... by Poromenos1 · · Score: 5, Funny

    "if the government has been truthful in its disclosures, divulging information on AT&T's role in the scandal should not cause any harm to national security."

    Is that like "if you have nothing to hide, you won't object to surveillance"? Seriously, poor government!

    --
    Send email from the afterlife! Write your e-will at Dead Man's Switch.
    1. Re:Hmm... by Soko · · Score: 4, Insightful

      Is that like "if you have nothing to hide, you won't object to surveillance"? Seriously, poor government!

      No, it's not like that. It's more like this:

      "If you have been truthful to previous investigaters about your involvement in this, you won't mind us investigating your pal over here for any wrong-doing on his part."

      The US Govt. tried to have the case against AT&T thrown out - not a case against itself. It's quite a diffrent matter.

      Soko

      --
      "Depression is merely anger without enthusiasm." - Anonymous
    2. Re:Hmm... by theCat · · Score: 2, Insightful

      That would imply that judges have a sense of humor. And perhaps that they are not above cruel irony. Which, if true, speaks highly of the judiciary, in my opinion.

      --
      =^..^= all your rodent are belong to us
    3. Re:Hmm... by GigsVT · · Score: 5, Insightful


      Is that like "if you have nothing to hide, you won't object to surveillance"? Seriously, poor government!

      Absolutely.

      The government is supposed to be "surveilled" by the public. It is our responsibility to watch the government as closely as we can. It's not hypocritical to object to cameras on street corners but to lobby for cameras in police cars. They work for us, not the other way around.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    4. Re:Hmm... by Knara · · Score: 2, Interesting

      Most people haven't read a lot of judicial decisions, but it's no uncommon for them to have clever (if obfuscated) wording showing wit and distain for stupid plaintifs/defendants.

  4. How Far Into the Rabbit Hole Are We? by kravlor · · Score: 4, Insightful

    I certainly look forward to seeing just how much the phone companies have been aiding the NSA. With the abuses leaked regarding the "terrorist surveillence program" related to international phone calls, the warrantless surveilance of American citizens certainly needs to be dragged, kicking and screaming, into the light of day.

    1. Re:How Far Into the Rabbit Hole Are We? by Tx · · Score: 2, Insightful
      Unless you consider the actaul act of surveillence an abuse, there have been no "abuses".

      Most epople consider improperly authorized surveillance an abuse, I think you'll find.

      No one has been blackmailed or otherwise had any information misused.

      I think you meant to say "No one has been blackmailed or otherwise had any information misused as far as I know." Big difference, and they might well not be in a position to be shouting about it.
      --
      Oh no... it's the future.
    2. Re:How Far Into the Rabbit Hole Are We? by vought · · Score: 2, Interesting

      Let me take your troll at face value for a moment... You want to execute those responsible for initiating a program intended to protect American citizens.

      I guess you believe everything the government tells you, hunh? I think it's quite remarkable you can divine intent from a statement made by people who also intended for everything to go well in Iraq, despite lack of a plan.

      I am no conspiracy theorist, but given what the Nixon alumni in this administration have already proven that they are capable of, I think trusting their stated intent is a bit like trusting a bamboo pole and kit string on a deep-dea fishing trip.

    3. Re:How Far Into the Rabbit Hole Are We? by drinkypoo · · Score: 2, Insightful
      You want to execute those responsible for initiating a program intended to protect American citizens. And you call it "treason," how ironic

      The road to hell is paved with good intentions.

      By this definition, it is those giving the enemies of the U.S. "aid and comfort" that begin to meet that standard.

      The enemies of the constitution are enemies of the U.S. The constitution protects us from unlawful search and seizure. QED.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:How Far Into the Rabbit Hole Are We? by AuMatar · · Score: 5, Insightful
      Intended to protect American citizens? Bullshit. Its intended to increase the powers of the government, its precisely *against* the founding principles of the US.

      Given that the wiretaps were specifically aimed at people who made calls to or received calls from known terrorist phone numbers


      No, they weren't. If thats all they were aimed at, the government would get a *warrant* against them. You know, like they've done hundreds of times in the past. The government was data mining the phone records of the *entire nation* not of specific people.

      On a side rant- known terrorists? Its been proven in a court of law? Or they confessed to it? No? Then they aren't known terrorist, they're *suspected* terrorists, and are innocent until proven guilty.

      Shame on them for this.


      Shame on them? No, shame on you. Shame on you for throwing away our freedoms, shame on you for pissing all over the Constitution. And shame on the rest of America for letting sheep like you throw away what generations have fought and died for.
      --
      I still have more fans than freaks. WTF is wrong with you people?
    5. Re:How Far Into the Rabbit Hole Are We? by Penguinshit · · Score: 2, Insightful

      Certain portions of the mis-named Patriot Act make it illegal to shout about it.

    6. Re:How Far Into the Rabbit Hole Are We? by gordo3000 · · Score: 2, Insightful

      you're off. the nsa taps were not aimed at known terrorist phone numbers. They were aimed at phones that made frequent calls to countries with known terrorist ties(namely, anywhere in the middle east). The data as to who was being called and where the calls were coming from was being used in order to narrow down possible terrorists. If they were known terrorist phone numbers, the wiretaps could begin immediately and concurrently, the administration could request clearance through FISA and the special court set up to hear these things. The interesting thing is, all the government needs to do is give a very limited reason as to why the taps are needed.

      If they knew the phone numbers belonged to terrorists, it wouldn't be a problem to get a warrant for a wire tap. So to say the warrantless wiretaps were required for security is only meaningful if the government was partaking in broad based surveilance of anyone who made any contact with person's from the middle east.

    7. Re:How Far Into the Rabbit Hole Are We? by flooey · · Score: 5, Interesting

      No one has been blackmailed or otherwise had any information misused.

      Yeah, I mean it's not like they've been using it to discover reporter's confidential sources or anything.

    8. Re:How Far Into the Rabbit Hole Are We? by mathwhiz99atucb · · Score: 2, Interesting

      Yes, the Fourth Amendment is part of the Bill of Rights, so are the rest of the first ten amendments to the Constitution (as was the 27th Amendment, see http://en.wikipedia.org/wiki/Twenty-seventh_Amendm ent_to_the_United_States_Constitution). But by Article V of the Constitution:

      "The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress."

      In other words, since the Bill of Rights (and specifically the Fourth Amendment) was proposed by Congress, passed both houses with thr requisite supermajority and was ratified by a sufficient number of the legislatures of the states, it is valid "for all intents and purposes" as part of the Constitution -- i.e. it is the same as if it were written into the original language of the document in 1787.

      --
      This space for sale. Inquire within.
    9. Re:How Far Into the Rabbit Hole Are We? by shawb · · Score: 2, Insightful

      So to say the warrantless wiretaps were required for security is only meaningful if the government was partaking in broad based surveilance of anyone who made any contact with person's from the middle east.

      And how do we know that wasn't what the NSA was doing? We may yet find out that is what happened, as the judge let the case go through. Remember government officials: if you have nothing to hide, then you won't mind the public oversight.

      --
      I'll never make that mistake again, reading the experts' opinions. - Feynman
    10. Re:How Far Into the Rabbit Hole Are We? by Anthony+Boyd · · Score: 4, Insightful
      Shame on them? No, shame on you. Shame on you for throwing away our freedoms, shame on you for pissing all over the Constitution. And shame on the rest of America for letting sheep like you throw away what generations have fought and died for.

      My God. Your post makes me want to weep. Partly because I'm just so thrilled to see someone stand up for the Constitution is such stark terms. But partly because it's completely sad to think that a post like yours is rare enough to evoke such a reaction. :(

    11. Re:How Far Into the Rabbit Hole Are We? by mrchaotica · · Score: 3, Funny
      mis-named Patriot Act

      It's not mis-named; the Ministry of Truth named it that on purpose!

      --

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

    12. Re:How Far Into the Rabbit Hole Are We? by TheRaven64 · · Score: 2, Interesting
      levying War against them,

      Would orchestrating a war in which American citizens lost their lives against an enemy who was not a threat to the US count?

      or in adhering to their Enemies, giving them Aid and Comfort.

      Would arranging for members of the Bin Laden family to be flown out of the country during the no-fly period following the September 11 attacks count here?

      --
      I am TheRaven on Soylent News
  5. A First in History by ToAllPointsWest · · Score: 4, Interesting

    AFAIK, the government has always gotten "national security" cases such as this thrown out of court, this change represents a very good historical first! The Right of Petition is still alive in the US!!!!

    --
    They came for the Communists, and I didn't object - For I wasn't a Communist; They came for the Socialists, and I didn'
    1. Re:A First in History by plasmacutter · · Score: 2, Informative

      nope.. what about the time magaizne case?

      still.. in this age, which has been described as "worse than watergate", it is a small.. thin ray of hope that we might yet claw our way back from the brink of totalitarianism.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  6. Quite a Surprise by BigCheese · · Score: 2, Insightful

    I expected the yes men to have buried this long ago.

    Is the US justice system working? We'll have to wait and see...

    --
    The obscure we see eventually. The completely obvious, it seems, takes longer. - Edward R. Murrow
  7. The balance begins to reassert itself. by N.+Vander+Ende · · Score: 5, Interesting

    It's nice to see the intended balance of power in our government begin to stabilize once more. When one or more sides start to get out of hand, the other side steps in! Sort of like rock-paper-scissors, but C-SPAN covers the matches. I eagerly await the incensed cries of "activist judges!"

    --
    A man once asked the Prophet, "What is a sin?" The Prophet Muhammed replied, "When something pricks your conscience, gi
  8. no subject by UnixSphere · · Score: 2, Interesting

    As a consumer, I'm ready to look at these list of companies and effectively not do any business with them anymore. I certainly hope I can convince others close to me to do the same. Your dollar is stronger than your bitching to these companies, stick it to them.

  9. Judicial branch doing it's job by shuz · · Score: 5, Interesting

    It is nice to see the Judicial branch keep the Executive branch in check. What's even nicer is that the lower court will have the power to see if the Executive branch has been telling the truth without going to the supreme court. As a US citizen I am comforted by this news.

    --
    There is or can be built a machine that can simulate any physical object. -Church-Turing principle
  10. YES! by TheDarkener · · Score: 2, Interesting

    A win for those who dislike governments breaking their own laws!

    *does a little dance*

    *realises that we still have a LONG way to go*

    *frowns*

    --
    It is pitch black. You are likely to be eaten by a grue.
  11. Re:Btw... by fohat · · Score: 5, Funny

    IANAL and didn't RTFA, but AFAICT the EFF stands for the Electronic Frontier Foundation.

    --
    Is there heaven? Is there Hell? Is that a Tuna Melt I smell?-Primus
  12. I'm stupid by Anonymous Coward · · Score: 5, Insightful
    I guess I'm stupid.

    I don't understand how invading a country protects my freedom. Or how, terrorists threaten my freedom. They can blow shit up all they want, but I still have freedom of speech and religion. Or how by violating our civil rights, our Government protects our freedom. How is this true??

    The only threat to my freedom has been my own Government. They are the ones (and unfortunately, the majority is letting them) who are trying to restrict the freedom of the press with their lawsuits over leaks. They are the ones who are violating citizens rights by spying on them.

    This case is protecting our rights and fredoms that, let's see, were violated by our Government.

    I'd rather live free and live with the vry remote possiblity of dying in a terrorist attach than having my Government take my rights away to protect my Freedom!

    I've been voting and writing letters, but, unfortunately, the cowards run the show.

    1. Re:I'm stupid by drinkypoo · · Score: 2, Informative
      I'm stupid (Score:-1)
      by Anonymous Coward on 07-20-06 14:59 (#15752993)

      [...]

      I've been voting and writing letters, but, unfortunately, the cowards run the show.

      Irony, thy name is slashdot.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:I'm stupid by mirio · · Score: 4, Insightful

      AC, you are right on the mark.

      When people talk about freedom (real freedom, not the politician's word), what are they talking about? FREEDOM FROM GOVERNMENT.

      Governments are to be feared. The natural tendency of any government to expand it's power over it's people must be continuously fought.

  13. More like... by jd · · Score: 3, Insightful
    "If you've not commited any crimes with your friend, you won't have anything to worry about if I ask your friend if he's commited any crimes with you", which does reduce to the grandparent post's phrasing. Basically, the judge is daring the Government to either let the case through (and risk disclosure) -or- be found guilty of lying.


    Since the Government isn't a defendent, and as the US has no meaningful concept of "contempt of court" or perjury, the court can't do anything about it if the Government is found guilty of lying. On the other hand, this is election year, which is not a good year to be found guilty of anything, even if there is nothing the courts can do.


    My guess is that the Government will do anything and everything to stall proceedings, such that if there is a trial, there's absolutely no risk of anything embarassing being said before polling day. If they're in power, they can clean things up afterwards. If they're not, it's no longer their problem.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    1. Re:More like... by AuMatar · · Score: 4, Informative

      Of course, the republicans have set a nice precedent of impeachment proceedings for perjury by the executive branch...

      --
      I still have more fans than freaks. WTF is wrong with you people?
    2. Re:More like... by StikyPad · · Score: 2, Informative

      Because the republicans are likely to impeach Bush? And before you talk about the dems pulling a majority congress out of their collective derriers in '06, you should be aware that it takes a supermajority to convict.

      You also seem to forget that Clinton was aquitted.

  14. Re:no career ambitions by bersl2 · · Score: 5, Informative

    Federal judges sit until resignation, death, or impeachment and conviction by the Senate, for this very reason.

  15. One step closer by imemyself · · Score: 2, Informative

    Hell yeah! At the very least this shows that the Bush administration can't arbitrarily say "national security" to cover up things that they've done that may not be entirely legal. With this, and the stuff about San Francisco and AT&T, its nice to know that AT&T might actually get in some trouble/lose some money because of what they've done. Maybe they should change their advertising slogan to Your World, Delivered...To The NSA.

    --
    Every time you post an article on Slashdot, I kill a server. Think of the servers!
  16. Re:no career ambitions by Maelwryth · · Score: 2, Insightful

    If you were pulling the strings, which would you want more?


    A) The judge to quash the well publicised case, possibly causing an uproar.

    B) The judge to allow the case. Drag the case out over a year or two. Make the EFF spend a shitload of money, and then have the defendant win.

    Besides, the NSA are still sitting pretty. It's AT&T that's being sued, not them.
    --
    I reserve the write to mangle english.
  17. sad by Anonymous Coward · · Score: 5, Insightful

    Is it so sad or what that it is in fact the two elected branches of government that are running the country into the ground while the other one with its appointments and life terms is the only thing standing in their way? I'm beginning to think people are really that stupid.

  18. Re:Some degree of balance by inviolet · · Score: 2, Interesting

    Unfortunately, we will never know whether (and how often) the NSA's programs did indeed prevent attacks like 09/11.

    It puts is civilians in the impossible position of having to judge the need for, and effectiveness of, secret programs aimed at secretive enemies.

    And the hell of it is, the president himself has to lie to us. Imagine that you are the prez, and you receive some touchy classified information that says somebody is getting ready to body-slam us. You've got to convince America that we've got to act pre-emptively... but, you can't say how you know, or what all the real reasons are. What the hell would you do?

    You'd have to construct a completely false but good-sounding premise for an action which is, in fact, completely honorable and justified.

    I'm no fan of the current administration, but I'm forced to allow them the possibility that they've been put in that exact situation.

    --
    FATMOUSE + YOU = FATMOUSE
  19. Re:Some degree of balance by vertinox · · Score: 5, Insightful
    Funny... If you replaced your words with another famous "uhampered" security group we all know of we get something like this:

    Personally I think we should let the Gestopo do its job. When Gestopo data starts being used to find Christian Democrats and Socialists we've got a problem, but as long as its used for national defense and national defense only I personally think its a good idea to let them do there job unhampered. Imagine if the Reichstag fire had been prevented by such a program? When I say national defense I mean attacks like Reichstag fire, Soviet invasions, etc. things killing hundreds or thousands of people.

    Ironically, unhampered security groups do lead to invasions and killing of hundred of thousands of people. Personally I don't think that the NSA is even remotly comparable to the Gestopo, but what if in 20 years a power hungry psycho uses the massive amount of power we let the NSA have today to declare a defacto dictatorship?

    If we make the Presidency so powerful and unhampered as well as its agencies then corrupt evil people desiring power will seek this position. We must keep the Presidents and security groups in check so that this never happens.
    --
    "I am the king of the Romans, and am superior to rules of grammar!"
    -Sigismund, Holy Roman Emperor (1368-1437)
  20. Re:no career ambitions by Zathrus · · Score: 2, Interesting

    True, however if you were to assume that the current political power balance was to continue then the judge could kiss any hopes of moving to the Supreme Court goodbye.

    And since he was appointed by Reagan in 1985 to Federal District court, and George H.W. Bush to the 2nd Circuit Court of Appeals in the 1989, I'm going to guess that he's not a left-leaning judge (I couldn't determine for certain). He's currently Chief Justice for that court, and so the only place up at this point is the SCOTUS (or maybe a specialized court like FISA, but that's more of a sideways move at best).

    So odds are that, yes, this could be considered a "career limiting" move. But that's like saying that Larry Ellison has pissed off Microsoft so much he's not going to become CEO there... there's really not much "up" left.

  21. Re:Some degree of balance by DragonTHC · · Score: 2, Informative

    I was perusing the cable channels last night and came across a senate hearing on C-SPAN2

    Kim Taipale, executive director of the Center for Advanced Studies, was giving testimony to the US Senate about the NSA and the Global Communications network

    He said, and I'm paraphrasing, that it was no longer feasible for the NSA to ensure that they didn't listen to the communications of american citizens without some sort of in-depth investigation to determine if the people they were listening to were in fact american citizens.

    while it's not a dragnet, it is the mass listening on all global communications. Certain things trip the filters. like arab language. and using high value words such as bomb and al qaeda in the same conversation. this will undoubtedly trip the filters and some NSA analyst will have a chuckle over reading this post on slashdot. but before that happens, they will know who I am and where I live before they have that chuckle.

    That's the part that I don't like. however, I hear that using words like viagra and cialis cause the filters to dump the data automatically. somehow I doubt that.

    --
    They're using their grammar skills there.
  22. Misleading Ars Article Title by Mad+Martigan · · Score: 3, Informative
    The Ars article's title was: Federal judge doesn't buy state secrets argument in NSA wiretap case, which I think is a little misleading. Read this passage from State Your Secrets (an article by Louis Fisher appearing in the June, 2006 edition of Legal Times, reprinted courtesy of Steven Aftergood of the Federation of American Scientists)


    The responsibility for deciding questions of privilege and access to evidence is central to the role of a judge in conducting a trial.

    This authority is well established. In his well-known 1940 treatise on evidence, John Wigmore recognized the existence of "state secrets" but also concluded that the scope of the privilege had to be decided by a judge, not executive officials. He agreed that there "must be a privilege for secrets of State, i.e. matters whose disclosure would endager [sic] the Nation's governmental requirements or its relations of friendship and profit with other nations." Yet he cautioned that this privilege "has been so often improperly invoked and so loosely misapplied that a strict definition of its legitimate limits must be made."

    Wigmore considered the claim of "state secrets" so abstract and useless that he divided it into eight categories, including exemptions from giving testimony, attending court, providing evidence by deposition, and disclosing communications by informers to government prosecutors. But on the duty to give evidence, he was unambiguous: "Let it be understood, then, that there is no exemption, for officials as such, or for the Executive as such, from the universal testimonial duty to give evidence in judicial investigations." An exemption from attendance in court "does not involve any concession either of an exemption from the Executive's general testimonial duty to furnish evidence or of a judicial inability to enforce the performance of that duty."

    Wigmore came down clearly on which branch should determine the necessity for secrecy. It was the judiciary: "Shall every subordinate in the department have access to the secret, and not the presiding officer of justice? Cannot the constitutionally coördinate body of government share the confidence? The truth cannot be escaped that a Court which abdicates its inherent function of determining the facts upon which the admissibility of evidence depends will furnish to bureaucratic officials too ample opportunities for abusing the privilege . . . Both principle and policy demand that the determination of the privilege shall be for the Court."


    Basically, he's saying that, yes, there are state secrets, but the judiciary -- not the executive -- is responsible for determining how trials involving state secrets proceed. This idea of someone crying 'State Secrets!!!1!!1!one!11!!!' and automatically getting a case tossed out is relatively new, and, as most of us here believe, contrary to the basic premise of the court system.
  23. VAUGHN not JOHN Walker by wsanders · · Score: 2, Informative

    This is ND California, not court of appeals.

    Maybe a carerr limiting move - depends on who gets elected in 2008!

    There is already a faction in Congress trying to move the 9th District C of A (known to be a bunch of crazy motherf**er liberal hippies) to Boise or some other godforsaken place. Don't give them any ideas.

    --
    Give a man a fish and you have fed him for today. Teach a man to fish, and he'll say "WHERE'S MY FISH, YOU IDIOT?"
    1. Re:VAUGHN not JOHN Walker by Zathrus · · Score: 4, Informative
      This is ND California, not court of appeals.

      Aw crap... in researching the judge I did a more general search and pulled up the wrong judge.

      Oddly, the real Judge Vaughn Walker was also appointed by Reagan and then appointed Chief Justice by George H. W. Bush. But, as you state, to the N.D. of California, not to the 2nd Circuit Court of Appeals (which is in an entirely different part of the country).

      So this probably was a "career limiting" move if the neo-cons retain control of the Republican party. They certainly won't reward him with a Appelatte court position and the Democrats are unlikely to appoint a conservative judge to the 9th.

      Which makes it an even better story really... since it means that he's likely ruling with the law rather than with politics. And, better yet, it means the appeal has to go to the 9th Appellate court, which is unlikely to overturn his decision.

      Someone go mod down my earlier post. Thanks.
  24. The way we protect liberty will have to change by CurtMonash · · Score: 2, Insightful

    A lot of people seem to be overlooking two basic facts:

    1. The amount of information government truly needs to gather to protect us is also sufficient to greatly threaten our liberty.
    2. Governments will inevitably gather much more information than they really need.

    As a result, it is necessary to design legal systems (and where possible to restrain the design of technical systems) so that even though government has the information, it doesn't commonly use it in nefarious ways. I've written a series of articles about that. Most of them can be found starting from the link http://www.monashreport.com/2006/06/06/freedom-eve n-without-data-privacy/, or more generally from http://www.monashreport.com/category/public-policy -and-privacy/privacy/

    Examples of why we should expect government to gather huge amounts of information include, in no particular order:

    A. All the call/e-mail/whatever connection information they're already getting, as documented in the news around NSA surveillance, AT&T's involvement, and so on.
    B. Laws to require ISPs or information service providers to keep records of which IP addresses connect to which sites (so as to fight child porn, piracy, whatever).
    C. Britain's moves towards complete video tracking of car movements (I get my reporting on this from The Register).
    D. Credit card transaction records.
    E. Forthcoming integrated electronic health records. (Those will have huge benefits to the saving of lives, quality of life, cost and efficiency of health care, etc. Whatever the privacy risks, they need to be managed so that health care is allowed to improve.)

    And that's even without mentioning RFID.

    What's slowing all this down is some political opposition, plus the huge technical difficulty of the required system integration projects. But in a small number of decades, it will all have happened. Our laws and oversight systems need to have evolved drastically by then. We have to start now.

    I'm definitely not saying that we should cripple government in gathering and using information. Indeed, I'm an advisor to Cogito, a company with some of the most powerful relationship analysis software out there. http://www.dbms2.com/category/object-oriented-and- xml-technology/cogito/ But I think we need to radically upgrade our legal structures in response to these technological trends.

    --
    To err is human. To forgive is good system design.
  25. CAUTION: misleading quote! by Rev+Snow · · Score: 2, Informative

    The summary is misleading because it
    quotes the article in such a way as to
    appear to be quoting the judge's opinion.

    The word "scandal" does not appear in
    the judge's opinion.

    The article itself is clear on the quoting,
    but Slashdot editors should know how few
    people RTFA, and avoid giving them the
    wrong impression.