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EFF Sues the Dept. of Defense Over Surveillance

An anonymous reader writes "The Electronic Frontier Foundation has launched a lawsuit against the US government, demanding the publication of information about FBI cyber surveillance operations. The EFF launched its action after the authorities failed to disclose information requested under the Freedom of Information act. The EFF wants to find out more about two electronic surveillance systems used by the government agency to monitor electronic communications." From the article: "A Justice Department Inspector General report in March said the FBI had spent about $10 million on DCS-3000 to intercept communications over emerging digital technologies used by wireless carriers before next year's federal deadline for them to deploy their own wiretap capabilities. The same report said the FBI spent more than $1.5 million to develop Red Hook, 'a system to collect voice and data calls and then process and display the intercepted information' before those wiretap capabilities are in place."

141 comments

  1. If a tree falls in a forest... by Tackhead · · Score: 2, Interesting
    > "a system to collect voice and data calls and then process and display the intercepted information" before those wiretap capabilities are in place."

    If a tree falls in a forest, but nobody's there, does it make a sound?

    If your voice calls are transcribed by a machine, but nobody submits a query to the database that retrieves your transcript, were you wiretapped?

    1. Re:If a tree falls in a forest... by tygt · · Score: 2, Interesting
      If a branch hits you on the head, but the branch wasn't thrown by a person, are you still knocked out?

      Or, if a machine taps your communications and takes a transcript, even if not "directed by a person" (didn't a person have to direct the general tapping?), weren't you still tapped?

      It's kind of like saying that it's ok for the police to come through your house and make a list of what you've got and just to log it, in case someday later they should have a reason to wonder what you had before

    2. Re:If a tree falls in a forest... by mordors9 · · Score: 3, Funny

      The real question is... if a man speaks in the forest and his wife is not there to hear him, is he still wrong....

    3. Re:If a tree falls in a forest... by Anonymous Coward · · Score: 0

      don't give the Aussie govt any more ideas. they will probably do it.

    4. Re:If a tree falls in a forest... by kfg · · Score: 2, Funny

      . . . if a man speaks in the forest and his wife is not there to hear him, is he still wrong....

      Yes, but that's not the real issue. The real issue is that if a woman speaks in the forest and her husband is not there to hear her he's still to blame for not doing what she told him.

      KFG

    5. Re:If a tree falls in a forest... by vertinox · · Score: 1

      If your voice calls are transcribed by a machine, but nobody submits a query to the database that retrieves your transcript, were you wiretapped?

      Does a machine have Buddha-nature or not? ;)

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    6. Re:If a tree falls in a forest... by Tackhead · · Score: 2, Interesting
      > If a branch hits you on the head, but the branch wasn't thrown by a person, are you still knocked out?

      Sure. But could you charge anyone for assault? Probably not.

      I'm not defending the practice; back when suspects were guaranteed the right of a trial, the evidence gathered in this manner would be challenged and most likely thrown out. (Ironically enough, under a doctrine named after the "fruit of the poisoned tree"...)

      Of course, if there's no trial, there's no need for the rules of evidence to come into play.

    7. Re:If a tree falls in a forest... by Lost+Penguin · · Score: 2, Informative

      It cannot be a wiretap
      There is no legal wiretaps of non-guilty American citizens.

      Only a terrorist supporter would be worried, right? ....First they came for the terrorists. ....Next they came for the Pedophiles ....?? There is no profit for citizens on this one

      --
      I am the unwilling control for my Origin.
    8. Re:If a tree falls in a forest... by Plutonite · · Score: 1

      But what was he doing in the forest, and with whom?!

    9. Re:If a tree falls in a forest... by logiclust · · Score: 1

      if it's illeagal for a tree to fall without permission... [fill in the rest, really]

    10. Re:If a tree falls in a forest... by morcheeba · · Score: 1

      "back when suspects were guaranteed the right of a trial"

      Excellent point. That is language I will use in more of my discussions on this topic - thanks!

    11. Re:If a tree falls in a forest... by Guppy06 · · Score: 1

      "If a tree falls in a forest, but nobody's there, does it make a sound?"

      Doesn't matter, that tree was on my property and you owe me recompense for cutting it down, whether you used a remote controlled robot or not.

      All the document says is "unreasonable searches and seizures," it does not specify that, if the searching is done by non-humans, it doesn't count. Considering the nature of the document in general and the Ninth and Tenth Amendments in particular, the federal government does not get to flirt with the line like that.

      If they want to change the rules like that in the name of "fighting t3h terr0rz!" then they can get to work trying to convince 3/4 of the state legislatures that it's the right thing to do. Otherwise, "shall not" means just that.

    12. Re:If a tree falls in a forest... by Free_Meson · · Score: 1
      If they want to change the rules like that in the name of "fighting t3h terr0rz!" then they can get to work trying to convince 3/4 of the state legislatures that it's the right thing to do. Otherwise, "shall not" means just that.

      What constitutes an unreasonable search changes with both time and technology. No constitutional change is necessary -- the erosion of the 4th amendment will occur gradually as a reasonable person's expectation of privacy erodes. The police will never be able to go into your home and take your possessions without a warrant, but before too long you'll have no privacy in your words or actions. I'd rather pro-liberty lobbying resources be spent on reducing the ever-growing list of illegal activities than on fighting an impossible battle against information gathering. Fighting against advances in information gathering by lobbying and litigating will ultimately be no more effective than the RIAA's attempt to lobby and litigate file sharing into oblivion.
    13. Re:If a tree falls in a forest... by zacronos · · Score: 1
      Or, if a machine taps your communications and takes a transcript, even if not "directed by a person" (didn't a person have to direct the general tapping?), weren't you still tapped?

      That is debatable, and is the point of GP's post -- it is probably possible to find so many different shades of grey that, although you can make a decision about where to draw the line, doing so will almost certainly leave two very similar shades of grey on opposite sides of the line, and so in the neighborhood of those cases your line will seem arbitrary (if not ridiculous) if the law does not also allow for shades of crime and punishment so the justice system can serve punishment that -- forgive the geek lingo -- degrades gracefully to match the degree of "wrongness". Defining an operational legal definition of wiretapping is not trivial, especially if you try to make it totally black and white ("under these circumstances, it is wiretapping, anything else is not, period.").

      Here's the setup: The FBI installs a wireless bug in a phone booth because someone they have been tailing seems to use that phone booth for making important calls. They have a warrant that allows them to wiretap this suspect. Unfortunately, you decide to use that phone booth to make a call. Consider the following different scenarios, as if you were trying to re-write the law to define under which sets of circumstances the FBI agents should be prosecutable.
      1. The bug's microphone is off while you are in the booth, and can be turned on via some remote control. The FBI never turns it on while you are in the booth, because they are watching the booth for their suspect.
      2. Same as #1, except that the bug was poorly designed, so the microphone is always on, but the wireless transmitter is what is turned on and off via remote. The bug never stores the information the microphone picks up, and it is never retransmitted.
      3. Same tech as #1. An FBI agent accidentally bumps the remote control, which falls to the floor and causes the bug to begin transmitting while you are in the booth. The agent turns off the bug within 30 seconds of this mishap.
      4. Same as #2, except that the bug was designed this way intentionally, and with a 1-minute audio buffer. It has a signal-processor that attempts to identify speech (versus other background noise), and then sends a signal to the nearby FBI surveillance team which causes something to beep. This allows the team to pay less attention to the booth (maybe so they can d paperwork, who knows), and then check when there is a beep to see if it is their suspect. If it is, they can use their remote control to tell the bug to start transmitting; because of the 1-minute buffer in the bug, they can do this without missing any of the conversation.
      5. Same as #4, but rather than have a surveillance team and a someone tailing the suspect, they instead only have a tail. The bug automatically transmits anything it recognizes as speech to a computer in a nearby building (where the surveillance team would have been in the previous scenarios), which records everything transmitted. Since the tail knows when the suspect was in the phone booth, they enter the times the suspect was in the booth, and the computer gives them the appropriate recording snips while automatically deleting the rest.
      6. Same as #5, but the bug always transmits. The computer does the signal processing to determine when there is enough human speech to save a clip, automatically discarding the rest.
      7. Same as #6, except the computer has a voice-print of the suspect, and only saves clips which contain the suspect talking, rather than any human speech.
      8. Same as #6, except the computer stores all human speech clips in a database, indexed by voice-print. If the FBI later made you a suspect and obtained authorization (like a write tapping warrant), they would listen to your clips, retrieving them by your voice-print. If they do not mark your clips to be saved
  2. 1.5b ?? by partenon · · Score: 1

    Don't they have *anything* better to do w/ that money?

    --
    ilex paraguariensis for all
    1. Re:1.5b ?? by partenon · · Score: 1

      Ops, 1.5m, not 1.5b... I read that wrong. Ok, just a bunch of zeros :P

      --
      ilex paraguariensis for all
  3. Donate to the EFF by lathama · · Score: 5, Informative

    Everyone make a donation to the EFF, they have done a lot......

    Website

    --
    The GPL, for those that truely understand.
    1. Re:Donate to the EFF by Anonymous Coward · · Score: 0

      they have done a lot......

      Yeah like lose most of their suits.

    2. Re:Donate to the EFF by logiclust · · Score: 1

      if you always get beaten up, does that mean that you're not worth defending yourself.

    3. Re:Donate to the EFF by everphilski · · Score: 2, Insightful

      yourself, yes, but are you worth sponsoring in a boxing match?

    4. Re:Donate to the EFF by logiclust · · Score: 1

      i tried to sue the gov once, but i didn't get an article in slash. so if the fight is televised, i'll watch it. power in numbers.

    5. Re:Donate to the EFF by Blakey+Rat · · Score: 0, Flamebait

      No.

    6. Re:Donate to the EFF by fotbr · · Score: 1

      I'm not going to be as short and concise as you were.

      Is the EFF good? Maybe.
      Is it worth throwing my money at them to throw away on lawsuits that they lose? No.

    7. Re:Donate to the EFF by enrevanche · · Score: 2, Insightful
      They may not be able to win this one, but they keep up the fight and they make the populace more aware of what's going on. They also let the administration know that they must fight each time something like this happens. Just by fighting for our rights, they slow down those who will take them away and the awaken the American public as to what their government and industry is doing. They may even make some of those involved question what they are doing.

      This is not about a single lawsuit but about how we will live in the future and what our rights will be.

      This about preventing the creation of a police state in a time where technology can (or will be able to) make life a living hell.

    8. Re:Donate to the EFF by fotbr · · Score: 1

      The american public, in general, doesn't give a crap about the EFF. Hell, the american public, in general, doesn't give a crap about anything other than what TV show is on and which team is going to win whatever sport they follow.

      Industry doesn't care about the EFF because as long as they keep churning out "oooh shiney" for the general public (the above idiots who simply don't care), the general public will continue to bend over and take it.

      The government doesn't give a crap about the EFF - the legislators are bought and paid for by industry, the courts are clueless about technology so they listen to whoever can tell the better story (hint, its not the EFF) regardless of the facts, and the administration can't even SPELL technology, much less understand anyone's concerns about it.

      As for preventing the creation of a police state, look around, in many places you're already too late. The general public wants their illusion of safety, and they don't care what it takes as long as they have thier tv shows.

      In any case, if you want to throw money at the EFF, great, its your money -- you earned it, spend it how you want. I'd rather spend mine on things that will have actual benefits for people instead of chasing hopeless ideals.

    9. Re:Donate to the EFF by bit01 · · Score: 1

      I'd rather spend mine on things that will have actual benefits for people instead of chasing hopeless ideals.

      I'd rather spend my money on things that have even a small chance of making the world a better place, rather than incorrectly equating "small chance" with "no chance" and being a consumer sheep.

      ---

      DRM'ed content breaks the copyright bargain, the first sale doctrine and fair use provisions. It should not be possible to copyright DRM'ed content.

    10. Re:Donate to the EFF by fotbr · · Score: 1

      So spending my money, and time, helping local charities (not the magical-man-in-sky type though), instead of throwing it away funding lawyers for the EFF is being a consumer sheep? Thats funny.

      I'm about as far from a consumer sheep as you can get. No iPod, no other mp3 player, no TV, no trendy overpriced clothes, no sports car, no "as seen on TV" gadgets, etc. Hell, my PC is 5 years old, and probably won't be replaced for another year or two. None of this is because I can't afford it - I just don't have a need to follow the pack and buy buy buy.

      In addition, I don't even really care about DRM -- I don't listen to music or watch tv or movies if I can help it and I prefer books to reading anything online. Exactly WHAT part of DRM hurts me? DRM hurts the consumer sheep. Since I think music, tv, and movies are all useless drivel that the masses are better off NOT having, anything that hurts their ability to see or listen to it I'm not going to argue against.

      As I said, if you want to throw your money at the EFF, good for you. Just don't take a "high and mighty" attitude when people disgree that its the best use of their money.

    11. Re:Donate to the EFF by bit01 · · Score: 1

      As I said, if you want to throw your money at the EFF, good for you. Just don't take a "high and mighty" attitude when people disgree that its the best use of their money.

      Nobody's being "high and mighty", just trying to convince you of their point of view. Glad to hear you're not a consumer sheep.

      Even if DRM doesn't affect you or me directly now many people believe, myself included, that it will have major political implications for the future when we live most of our lives virtually, shaping society in ways that go way beyond limiting "piracy". I don't want to leave my children that society. You disagree, fine.

      ---

      Unregulated DRM = Total Customer Control = Ultimate Customer Lockin = Death of the free market.

    12. Re:Donate to the EFF by fotbr · · Score: 1

      Well, there's the difference....

      I'm convinced the world is already so far down the toilet that it can't be saved, and therefore it wouldn't be right to have any children. Which is why I'd rather spend my money and time doing things that help in the "here and now" instead of "in the future" which might or might not exist (especially with the current bunch of monkeys running governments with nuclear weapons around the world)

      Different outlooks on life, really.

  4. DOD? by BobandMax · · Score: 2, Insightful

    Since when is the FBI a DOD component? The article referred to DOJ.
    Are you guys so eager to discredit the US government that you cannot read?

    --

    "Computers are useless. They can only give you answers."
    -- Pablo Picasso
    1. Re:DOD? by caseydk · · Score: 1


      That's the first thing I noticed... I saw the headline and figured that somehow the EFF was going after GPL stuff in missiles or something.

    2. Re:DOD? by Dragon+Bait · · Score: 1
      I saw the headline and figured that somehow the EFF was going after GPL stuff in missiles or something.

      Would the user who should receive the source code be the one who fires the missle or the persons on the receiving end?

    3. Re:DOD? by mOdQuArK! · · Score: 1

      The people designing the missile just have to make sure the source code is available in machine readable format somewhere in the missile. That way they'll maintain full legality with the GPL when they "distribute" the compiled version of the product.

  5. FBI is DOJ not DOD by _xeno_ · · Score: 3, Informative

    The FBI is part of the Department of Justice, not the Department of Defense. The linked article gets this right. As far as I can tell, there's no connection with the DOD to this story at all, other than both being executive branch departments.

    The summary even refers to the DOJ (a "Justice Department Inspector General") - Zonk apparently read the article, so why the incorrect headline?

    --
    You are in a maze of twisty little relative jumps, all alike.
    1. Re:FBI is DOJ not DOD by Anonymous Coward · · Score: 0

      since when has slashdot let the facts get in the way, especially if it means an attack on the bush administration?

      All of the political articles posted here are the same thing as what Dvorak does, trolling for ad revenue. Slashdot, propaganda for leftists, facts don't matter.

    2. Re:FBI is DOJ not DOD by merreborn · · Score: 3, Funny

      Zonk apparently read the article, so why the incorrect headline?

      Is that some kind of sick joke?

    3. Re:FBI is DOJ not DOD by mordors9 · · Score: 1

      Certainly not because they know it will draw more irate comments. That part of the fringe loves the DoD.

    4. Re:FBI is DOJ not DOD by merreborn · · Score: 4, Insightful

      Funny that trying to keep the government out of your business is now a 'leftist' concern.

      Once upon a time, trying to keep the government from expanding, and maintaining privacy were right-wing issues.

    5. Re:FBI is DOJ not DOD by Anonymous Coward · · Score: 0, Offtopic

      I'm not disputing the government is doing it nor arguing whether the program is good or bad. I'm saying slashbots jumped all over Fox News a couple days ago for having a D next to Foley's name but it's perfectly acceptable to name the wrong department in a headline here.

    6. Re:FBI is DOJ not DOD by Blappo · · Score: 1

      Funny how you think that your opinion on this matter is a counter point (when your opinion is neither definitive nor uncontested) and ignore the real meat of the statment.

      What he means is that in virtually every case, any action by the current government is twisted into a criticism of the current administration.

      That kind of bias is no accident. Worse is the rabid insistence by people such as yourself that it doesn't exist. Sometimes it's comical how hard you people try.

      --
      Why are so many posts with factual errors modded up?
    7. Re:FBI is DOJ not DOD by _xeno_ · · Score: 1

      Actually, that's a very interesting question. Which draws more hatred: the DOD, the DOJ, or the FBI?

      I think "EFF Sues the FBI Over Surveillance" would have worked just as well to stir up comments, while having the added advantage of being accurate.

      In fact, with the space saved by using the actual facts, you could change the headline to "EFF Sues the FBI Over Net Surveillance" which is both accurate and guaranteed to generate comments.

      But I still wonder - which would generate the most flames, the DOD, the DOJ, or the FBI? They all are pretty well hated...

      --
      You are in a maze of twisty little relative jumps, all alike.
    8. Re:FBI is DOJ not DOD by fatboy · · Score: 1

      The first thing that I thought when I read the headline is, "Do you know what the Posse Comitatus Act is?". I am sure it was just a typo.

      --
      --fatboy
    9. Re:FBI is DOJ not DOD by lawpoop · · Score: 1

      Maybe he thinks that they're all part of the same organization?

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    10. Re:FBI is DOJ not DOD by eclectro · · Score: 1

      The FBI is part of the Department of Justice, not the Department of Defense.

      So you don't know about the "black helicopters" then?

      --
      Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
    11. Re:FBI is DOJ not DOD by wwillia99 · · Score: 1

      How did we get form talking about a lawsuit ant the freedom of information act to Fox News. You Know what they meant when you read DOD. But when Fox News put a D (democrat) next to that child molester (R) Mark Foley's name they were saying he was acting like a democrat. I've seen some of the conservative blogs that were calling Foley a D long before Fox's so-called mistake.

      And like the BLOGS it was not a mistake they were making a statement plain and simple. Does anyone really believe that Fox News is independent. They are a PR spin machine for the republicans and a joke when compared to any real news channel. They are the only news channel where you actually get stupider and less informed as you watch.

      Sorry for the OT post but I had to respond to that. W

    12. Re:FBI is DOJ not DOD by Bing+Tsher+E · · Score: 1

      Once upon a time, trying to keep the government from expanding, and maintaining privacy were right-wing issues.

      It will cease to be a left wing, and resume being a right wing issue the next time the administration flips from Republican to Democrat. It's not about right or wrong. It's about politics, and who gets to spend the money in the Community Chest.

      You see, the Democrats and the Republicans live in an illusory world where they are the 'left' and 'right' in America. Whereas both are really just composed of different factions of the grown up version of the dweebs who ran the Student Council in High School.

      Essentially, someone needs to come along and take away all their toys. But now I am sounding too much like a Libertarian for my own comfort. The 'Libertarians' are the people out smoking in the parking lot. Not the 'regular' people out there, they're the posers in 'rebel' clothing their parents bought them at the mall.

      Oh well. . .

    13. Re:FBI is DOJ not DOD by schwaang · · Score: 1
      I don't know why the mistake in the article, but earlier this year Congress gave the Defense Intelligence Agency exemption from FOIA requests regarding files that "document the conduct of foreign intelligence or counterintelligence operations."

      According to this article about it, the head of George Washington U's National Security Archive said
      [T]hese exemptions ... create a black hole into which the bureaucracy can drive just about any kind of information it wants to. And you can bet that Guantánamo, Abu-Ghraib-style information is what DIA and others would want to hide.

      This is the 5th agency to receive such an exemption from the Freedom of Information Act.

      Secret closed government is the enemy of liberty. True conservatives should understand this.
    14. Re:FBI is DOJ not DOD by Anonymous Coward · · Score: 0

      and Ted Turner and CNN aren't shills for the left... and nevermind that X they put through the picture of Cheney. Fox corrected the mistaken D during the later airing of it. Slashdot still says the Dept of Defense now even though it's trivial to change.

      Fox is evil. Bush is evil. Big government is evil. Government getting involved in my privacy is bad.

      Where's my socialized medicine? Bill Clinton killing kids at Waco is good. The Clinton Whitehouse illegally possessing the FBI files of their enemies is good. Air America is unpartisan truth.

      On a serious side note, why are the people who are most afraid of the government snooping on their international phone calls to known terrorists the same people who are the most gungho for government managed health care? The privacy of my medical records is more important to me than letting Bush, Clinton or J Edgar Hoover know I called my girlfriend 6 times today.

    15. Re:FBI is DOJ not DOD by dangitman · · Score: 1
      On a serious side note, why are the people who are most afraid of the government snooping on their international phone calls to known terrorists the same people who are the most gungho for government managed health care?

      What does one have to do with the other? Government managed health care is all about efficiency. America pays a lot more for health care than countries where it is government subsidised. Not only that, many people can't get the care they need, leading to a poor state of health as well as finances. Basically, the private system is ripping everybody off - except for the drug companies and other medical industries.

      Having the government manage health care does not mean you lose your medical privacy. In those modern countries where there is public health care, your privacy is maintained, and politicians can't go accessing your medical history. We have also seen from the scams like "pretexting" in the HP case, that private companies are very willing to invade your privacy and give away details to anyone who asks. You'd probably be safer with a well-run government programme with privacy safeguards than with a private company.

      --
      ... and then they built the supercollider.
    16. Re:FBI is DOJ not DOD by Anonymous Coward · · Score: 0

      As long as the government pays the bills, the government can connect the dots about your medical history.

      I see you've had 3 HIV tests and were treated with antibiotics during that time. Chances are you had unprotected sex and picked up a STD.
      You also visited a proctologist during treatment. You must be gay.

      Don't tell me the government can't end up with the private records of its enemies and get away with it. Bill Clinton had hundreds of FBI files of his political enemies illegally in the White House.

      If I ever call Osama, they can tap my line. I'll be damned if I give them my medical history.

      My HMO gives out my medical records, I sue the shit out of them. Some government stooge looks at my medical records and leaks info out to smear me because they don't like me protesting them, what am I gonna do?

    17. Re:FBI is DOJ not DOD by Scudsucker · · Score: 1

      and Ted Turner and CNN aren't shills for the left...

      Then why do conservatives get their own (primetime) shows on CNN while liberals do not, eh?

      The privacy of my medical records is more important to me than letting Bush, Clinton or J Edgar Hoover know I called my girlfriend 6 times today.

      That's because you are stupid. Here, let me switch that around and be equally flippant: who cares if the gvt knows I saw a chiropractor twice in July when they can look through my bank records and tap my phone and internet communications without a warrant?

    18. Re:FBI is DOJ not DOD by dangitman · · Score: 1
      As long as the government pays the bills, the government can connect the dots about your medical history.

      Actually, that's not the case. Most countries with public health care have anonymous STD clinics, where you do not need to give a name, and you do not get billed. The government still pays. It makes sense, because STDs left untreated actually increase costs for society.

      Also, even if you go to a regular doctor, the government still doesn't know what you got treated for.

      With a privcate system, you have to foot the bill, so it would be easier to connect the dots. You think US health care being privately run means they can't spy on your medical records. Especially with all this domestic spying and collusion with private companies. You must be pretty naive if you think the private sector protects you from this. Look at all those telecommunication companies in collusion with government spying.

      Don't tell me the government can't end up with the private records of its enemies and get away with it. Bill Clinton had hundreds of FBI files of his political enemies illegally in the White House.

      Not is you have a sane system, and allow anonymity. Do you think Clinton needed his spying targets to be using public health care or government services?

      If I ever call Osama, they can tap my line. I'll be damned if I give them my medical history.

      You don't get it, do you? In a public health care system, you don't go to a "government doctor." You do not give the government your medical records.

      My HMO gives out my medical records, I sue the shit out of them.

      Firstly, how would you know? Secondly, if like Bush's spying, it is deemed "in the national interest" you probably won't win in court.

      Some government stooge looks at my medical records and leaks info out to smear me because they don't like me protesting them, what am I gonna do?

      Uh, the same thing? You would still be seeing the same doctor, and they would be responsible for an illegal act by leaking your details to the government. The government agent would be committing an illegal act. With public health care, the government subsidises drugs and treatment - it still doesn't get to see your records.

      Personally, I think you have it backwards. A more privately run system is much more prone to compromise - with insurance companies after your medical history. That's much more likely than a government-run conspiracy to see your medical records. And what's a little data-sharing between companies? It's all about the bottom line. Wheras, in rational systems, the public health and privacy would be put before profits.

      --
      ... and then they built the supercollider.
  6. How effective can this be? by DarkBlackFox · · Score: 4, Insightful

    IANAL, but how effective can any sort of lawsuit against the government be these days? Isn't it the same government that runs the courts? If the FBI feels national security is at stake by releasing the information the EFF is looking for, wouldn't they just say to the courts "oh, it's national security.. terrorists and the like, it's best if you leave us be." And the court answer would be "oh well, if it's in the name of national security, you guys are all set. Case dismissed."

    Or is there any integrity left in the government at this point.

    1. Re:How effective can this be? by Volante3192 · · Score: 1

      Or is there any integrity left in the government at this point.

      Well, there was that one rogue judge in Michigan...

      http://www.washingtonpost.com/wp-dyn/content/artic le/2006/08/17/AR2006081700650.html

      U.S. District Judge Anna Diggs Taylor ordered a halt to the wiretap program, secretly authorized by President Bush in 2001, but both sides in the lawsuit agreed to delay that action until a Sept. 7 hearing.

      Integrity's there, it's just few, far between and often gets tucked away in janitor's closets.

    2. Re:How effective can this be? by jfengel · · Score: 5, Insightful

      There is, at least in theory, a bright line between the courts and the executive branch. Supposedly it's why judges are appointed for life: it lets them base their decisions on their own judgment, not what will get them re-elected. (In practice that just makes the nominations more partisan, and the fights over them more bitter.)

      It just so happens that the Supreme Court at the moment is as closely divided as the rest of the country. The last presidential election was 51-48, and even the heavily lopsided Senate is 55-45 (technically 55-44-1). The Supreme Court has four reliably conservative justices (Scalia, Thomas, Roberts, Alito), four reliably liberal ones (Ginsburg, Souter, Breyer, Stevens) and one swing (Kennedy).

      That last is generally counted among the conservatives, havign been appointed by Reagan, but he has voted to curtail the President on various issues, e.g. Hamdan (the one that forced Bush to change his plan on tribunals for the Guantanamo inmates).

      So the answer to your question is that yes, there is a vague chance of the lawsuit being effective, though it's a close call, and it's probably up to one guy.

      (Though just to get political for a second, the most reliable liberal is 86 year old Justice Stevens. If he retires or dies before January, a Republican Senate will probably replace him with a young conservative, and that would make the court 5-3-1 for the next several decades. Should the Democrats win the Senate in November, and he retires/dies in the next two years, the President will send over conservative candidates until he either sends over a moderate the Democrats can't oppose without looking stupid, or they crack under the pressure of having an empty seat for too long. The upshot is that my "yes" above may be temporary.)

    3. Re:How effective can this be? by paulmer2003 · · Score: 1

      What ever happened to the branches of the federal gov? Wouldent the FBI be considered part of the executive branch and the courts would be part of the judicial? Shouldent the judicial branch be a 'check' for the executive branch?

    4. Re:How effective can this be? by lawpoop · · Score: 1

      It just depends on how truly independent the judiciary is. The US government is not a monolithic, top-down entity, like the the armed forces. Even federal agencies are often at odds with one another -- refusing to co-operate, suing each other, etc.

      Also, the people who are appointed to federal judgeships are typically political wonks, a sort of political geek, who have strong views on government, the rule of law, etc. They may be in favor of a strong executive, or they may literally view themselves on the front lines of an ongoing battle of tyranny vs. human rights.

      Think of your most obstinate, my-way-or-the-highway, i-know-more-than-everyone, autism-spectrum system administrator. This is your federal judge. They aren't taking orders from anybody. They will listen to the arguments both sides make, and then rule on the law.

      Of course, the judge has no power (read: force, as in army or police; stong men with guns), the most they can do is call someone in comptempt of court, *if* someone brings that case before them.

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    5. Re:How effective can this be? by lawpoop · · Score: 2, Funny

      "U.S. District Judge Anna Diggs Taylor ordered a halt to the wiretap program, secretly authorized by President Bush in 2001, but both sides in the lawsuit agreed to delay that action until a Sept. 7 hearing."

      Sept. 7th of what year?

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    6. Re:How effective can this be? by fotbr · · Score: 1

      I'm too lazy to look it up, but there IS the case of the man who's been sitting in jail for 11+ years for contempt of court because he won't (if they exist) or can't (if they don't) produce account numbers in a rather nasty divorce.

      I'd argue that the courts ability to toss someone in jail for YEARS for "contempt" which is a rather blanket term that gets used for anything from being late to court to sleeping in court to just having a tone of voice the judge doesn't like, gives them a power that no other branch has, and one with ZERO checks on it.

      Shoulda thrown OJ and his lawyers in jail for "contempt of court" for something -- maybe "hiring annoying lawyers" and "bad rhyming". :)

    7. Re:How effective can this be? by Bing+Tsher+E · · Score: 1

      Don't ask awkward questions. Just send in money to the EFF.

      (I sent in less than a dollar a few years ago, and they've spent considerably more than that on mailing to me since)

  7. Inbound call from Bin Laden? by Anonymous Coward · · Score: 0

    I'm sorry, If we have a battlefield PBX tapped by the .mil forces on the ground in Afghanistan, and the PBX makes an inbound call to the united states, I give them the green light to keep listening.

    The liars pretend that our Military is looking for people smoking bong hits in their basement.

    1. Re:Inbound call from Bin Laden? by kfg · · Score: 2, Insightful

      The liars pretend that our Military is looking for people smoking bong hits in their basement.

      Or that the FBI is part of the military.

      KFG

    2. Re:Inbound call from Bin Laden? by Blappo · · Score: 1

      The liars pretend that our Military is looking for people smoking bong hits in their basement.

      Or that the FBI is part of the military.

      Or that anyone other than the guy who wrote the headline claims that the FBI is part of the military.

      --
      Why are so many posts with factual errors modded up?
    3. Re:Inbound call from Bin Laden? by kfg · · Score: 1

      Or that anyone other than the guy who wrote the headline claims that the FBI is part of the military.

      "A Justice Department Inspector General report in March said the FBI had spent about $10 million on DCS-3000 to intercept communications over emerging digital technologies. . ."

      "I'm sorry, If we have a battlefield PBX tapped by the .mil . . ."

      KFG

    4. Re:Inbound call from Bin Laden? by Anonymous Coward · · Score: 0
      Who is Bin Laden going to call? You?

      I guess you'll be safe when the rest of us get rounded up for defening the constitution.

  8. Allow me to correct that for you. by khasim · · Score: 5, Insightful

    The tree comment is not about the falling but whether "sound" exists without someone to hear it. The disturbance of the air exists, that is easy. But is that disturbance "sound" if no one can hear it?

    So, if someone taps your phone, your phone has been tapped.

    The question you are asking should be "if no one requests that tap be used, have your Rights been violated".

    Once that tap has been used, and data collected, whether any person sees that data is irrelevant. The tap has been used, the information has been collected. The tree has fallen, the sound has been heard.

    1. Re:Allow me to correct that for you. by Anonymous Coward · · Score: 0

      Nope. The data isn't "collected" it is simply being repositioned. Attempting to make it seem that this is a "tap" of some kind is more of the kind of reactionary garbage that this cesspool of a web board insists on displaying every day.

      Why do you allow yourself to be so intellectually dishonest? DO you do it on purpose, or are you just not smart enought to realize you're doing it?

    2. Re:Allow me to correct that for you. by Anonymous Coward · · Score: 0

      If I rip a CD and write a hundred copies of it, are the authors' rights violated? Suppose that I do not distribute those copies to my friends unless they are in desperate need of music.

  9. Can you say.... by zenhkim · · Score: 3, Insightful

    ....tip of the iceberg?

    This is like trying to dig up a small tree or a bush [pun intended] -- you think there isn't much to dig up, but as you excavate you keep finding more and more roots entwined under the ground.

    So to recap: we have the telco industry handing over *all* our phone call logs to the NSA, and the FBI is involved in a wireless LAN snooping program. You have to wonder what the hell we're going to find out next about the US government intelligence / law enforcement community.

    "Come on, man -- I mean, *look* at this shit! It isn't a question of whether or not you're paranoid; it's a question of whether or not you're paranoid ENOUGH." -- from the movie _Strange_Days_

    --
    "All hands, BRACE FOR IMPACT!"
    1. Re:Can you say.... by gosand · · Score: 1
      "Come on, man -- I mean, *look* at this shit! It isn't a question of whether or not you're paranoid; it's a question of whether or not you're paranoid ENOUGH." -- from the movie _Strange_Days_


      Two things about this movie - Juliette Lewis topless, and the soundrack kicks ass.

      --

      My beliefs do not require that you agree with them.

    2. Re:Can you say.... by fotbr · · Score: 1

      Don't like the phone company because of something it did? Switch, or do without.

      Don't want the FBI monitoring your wifi networks? Don't use wifi, run cables (not foolproof by any means, but much harder to intercept than wifi).

      They may not be options you like, but it IS a choice. Make yours and accept the consequences.

      Go vote any idiots you don't like out of office, and put in idiots you DO like. We do have an election in a month - use it.

    3. Re:Can you say.... by Bing+Tsher+E · · Score: 1

      Run a local network of fibre cable. Much harder to intercept.

      Of course, your equipment is all in shielded rooms, we assume.

    4. Re:Can you say.... by fotbr · · Score: 1

      well, that went without saying.

      Then again, with enough shielding of the premises, I guess you could get away with running wifi.

  10. "facts don't matter" says coward by Phantom+of+the+Opera · · Score: 1
  11. Information by COMON$ · · Score: 1
    Does anybody have numbers on the chances to win a lawsuit against our Big Brother?

    Seriously we some famous cases that we all memorize in class where the little guy wins. But just as we shake our heads at Microsoft throwing its weight around, is there really much we (joe citizen) can do about Govt Policies?

    --
    CS: It is all sink or swim...oh and did I mention there are sharks in that water?
    1. Re:Information by sakusha · · Score: 1
      Does anybody have numbers on the chances to win a lawsuit against our Big Brother?

      Well, if it's the EFF suing, the chances of winning are 0.00% And in the process of losing, they'll permanently establish the government's ability to squash another civil right.
    2. Re:Information by element-o.p. · · Score: 2, Insightful

      Vote for the little guy in the next election. I intend to, anyway. And if enough people are upset enough to vote for the little guy instead of the Dem/Rep candidate, then yes, there is something that can be done.

      Or at least, I hope so....

      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
    3. Re:Information by COMON$ · · Score: 1
      I would love to vote for the little guy. As long as his/her politics are in line with what I want seen done. Or at least they have one or two things I stand for on their plate.

      But once they are in office they are just one voice and without money backing them what chance do they stand? You have to have clout in Washington or in local administrations, that is why the Dem/Rep parties are so promanant, they can squish any independent we vote in. Money and Power talk very very loud.

      --
      CS: It is all sink or swim...oh and did I mention there are sharks in that water?
    4. Re:Information by element-o.p. · · Score: 1

      More than likely, you are right--even if you get a little guy who represents your interests in office, not much will change because there is to much inertia with the status quo.

      But note that I said "And if enough people are upset enough to vote for the little guy..." If enough people in your state, and in my state and in the states of all the people who are reading this thread vote for the little guy, then all bets are off.

      You don't even have to have enough little guys in office to get their way--just enough to shake the confidence and arrogance of the big players and get their attention.

      One thing is for certain though: if we keep voting the way we have been lately, things will surely get worse before they get better.

      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
    5. Re:Information by Antique+Geekmeister · · Score: 1

      They used to be good at this: they did win against the Secret Service for the wildly mis-aimed raids against Steve Jackson Games. And they've done other useful things since they dumped Jerry Berman as their leader: that man was clearly selling their soul to get lobbying money from telecoms and have a nice office in DC. But they've gotten better, and seem to be aiming at serious issues: even where they don't win, they're bringing awareness to serious issues, and getting people to bring up these issues at budget time in Congress.

    6. Re:Information by sakusha · · Score: 1

      Wow, the EFF won a case for Steve Jackson Games about 15 years ago. What a great track record.

      Lobbying and "consciousness-raising" doesn't mean squat, when the battleground is Federal Court. And every time the EFF loses in Federal Court, the Government has a new legal precedent AGAINST the rights the EFF was trying to protect. With friends like the EFF, who needs enemies?

    7. Re:Information by Legion303 · · Score: 1

      You're right. It's probably better to roll over and not try.

  12. probability states by Phantom+of+the+Opera · · Score: 3, Insightful

    That we are unlikely to catch the one important call out of the millions per minute.
    The nature of people in power states : they will gather all the dirty laundry of opponents (and "friends") they want to and use it to increase their power.

  13. If a slashdotter makes a lame reference.... by fm6 · · Score: 3, Interesting

    Yes to both questions.

    Everybody who quotes the "if a tree falls" chestnut (at least those who quote it without making a joke) totally misunderstands what Bishop B was trying to say. He wasn't arguing that there is no noise in the forest — that's a silly idea. He was arguing that since events don't occur without an observer, there must be somebody observing all the events that demonstrably occur, but don't have a human observer. In other words, he's arguing that there must be a God.

    So the trees do fall, and the FBI does indeed know about your dial-a-porn addiction. Unless you're going to argue that trees don't fall until somebody finds the rotten log, or the FBI doesn't know what it knows until they access their database. And if you're going to make that kind of convoluted rationalization, you need to get out more.

    1. Re:If a slashdotter makes a lame reference.... by megaditto · · Score: 2, Insightful

      You are refering to a QM paradox of Schrödinger's cat

      The short answer to GPP is that under SCP paradigm, a computer wiretapping you becomes identical to a human wiretapping you the moment such wiretap begins.

      --
      Obama likes poor people so much, he wants to make more of them.
    2. Re:If a slashdotter makes a lame reference.... by grymwulf · · Score: 3, Interesting

      Ahh, but Mr. Schrodinger and his cat might take exception to your statement here.

      Of course this discounts the possibility that to 'observe' an event does NOT require a sentient observer. Plants, insects, and other woodland creatures can observe things on their own. Or the tree that fell could observe it's own falling, a.k.a. the Zen answer.

    3. Re:If a slashdotter makes a lame reference.... by fm6 · · Score: 1

      Nonsense. The uncertainty principle, which places fundamental limits on what you can know, has nothing to do with things you don't know because you weren't around when they happened. You can draw analogies between the quantum-level physical stuff (the uncertainty principle; the observer effect) and macrophysical phenomena: (nobody knows exactly how many trees are in Yellowstone; people change their behavior if they know you're watching them) but they're still fundamentally different.

    4. Re:If a slashdotter makes a lame reference.... by fm6 · · Score: 0, Troll

      Your reference to that stupid cat is both redundant and irrelevent (see my response to the person who posted just ahead of you). As for all that mystical stuff: you have me confused with someone who actually takes Philosophy seriously. I was just trying to shoot down a lame misuse of Berkeley's argument, which is itself pretty lame.

    5. Re:If a slashdotter makes a lame reference.... by megaditto · · Score: 1

      You are confusing the Heisenberg's uncertainty principle with the observer effect (as in quantum de-coherence/einselection).

      Also, sorry the cat link crapped out. Here:

      http://en.wikipedia.org/wiki/Schrodinger's_cat

      --
      Obama likes poor people so much, he wants to make more of them.
    6. Re:If a slashdotter makes a lame reference.... by fm6 · · Score: 1

      You're confused about what I'm confused about. And I have no interest in an "article" on Shroedinger's paradox written by a bunch of geeks who think "research" means regurgitating what they think they know.

    7. Re:If a slashdotter makes a lame reference.... by Anonymous Coward · · Score: 0

      Actually, they had you confused with someone intelligent. Rest assured they won't make that mistake again!

    8. Re:If a slashdotter makes a lame reference.... by megaditto · · Score: 1

      Where ignorance is bliss,
      Tis folly to be wise.

      Thomas Gray.

      --
      Obama likes poor people so much, he wants to make more of them.
    9. Re:If a slashdotter makes a lame reference.... by fm6 · · Score: 1

      "I hate quotations. Tell me what you know!" --Ralph Waldo Emerson

  14. Re:Liberal hysteria!! by rolfwind · · Score: 5, Interesting

    I am an independent.

    Now, I will be branded a liberal, since I admitted watching "The Daily Show" last night, but in one of the clips at the end, in the moment of zen segment, Bush described his job, among a million other things, as confronting the problems of the country head on and not leaving them to future administrations/generations to deal with.

    Can anyone say he has left office leaving the future with less problems than, about equal, or more? I am not talking about pre-existing problems like the budget or healthcare, or even 9/11 terrorism. But with Iraq, with no real terrorist connections, with our spending billions each years, probably trillions over the lifetime of that campaign, will we be safer? Will the Middle East be more stable? Will our deficit be better off? Is our standing to face other threats secured?

    Now, I agree with the decision to invade Afghanistan. But, still today, we have never been shown a clear connection to terrorism against the US and Iraq, nor any good motivations besides perhaps revenge in that Saddam was his father's enemy, (and once a "friend" of the US, under Reagan or earlier I think).

    I only hope that in the 2008 elections, we have a return to moderates and realistic people like John McCain or Joe Biden or perhaps, gasp, some votes for Independent around the country in different positions.

  15. If only they would just use a proxy / encryption.. by Yahma · · Score: 2, Informative

    Granted, the EFF is trying to protect our rights as citizens, and in my opinion they are doing a decent job as such; however, people please.. it is your responsibility to protect your own privacy, and if you are doing something that you do not want others to know about, please please use a Good Encryption system, a Good Anonymizing Proxy for browsing the web, and definately get a Good Web Browser. If people would follow these three little tips, it would make eavesdropping on your communications about 100 times more difficult.

    Yahma
  16. Re:Liberal hysteria!! by megaditto · · Score: 3, Funny
    Honestly, name one good thing Bush has done that can be substantiated with documented proof.

    Liberated Iraq.
    --
    Obama likes poor people so much, he wants to make more of them.
  17. Re:Liberal hysteria!! by Anonymous Coward · · Score: 1

    I am hoping for three things.

    1. The return of the Republican party. You know crazy ideas like small government.

    2. Target people who are actually at fault for things. Iraq did not contain the terrorists that we seek to stop. It was a very bad decision. Innocent Americans die everyday in Iraq without preserving American freedom by stopping real terrorists!

    3. The American public wakes up to the spying, removal of freedoms our troops are supposedly in Iraq to protect, and general fear campaign. Its too late to do much about it, but at least people might vote some of these fake Republicans out of office.

    Land of the free my ass. At least we don't live in the UK. Things are even worse there!

  18. it suprises you by Phantom+of+the+Opera · · Score: 1

    That people with an interest in science and technology and with a strongly libertarian bent would not like Bush?

    It's not about the issues for people like you. For you, it is a "my sports team" or "my favorite softdrink" mentality. You do not value your liberty and you do not think through the issues. You are simply rooting for a team.

    1. Re:it suprises you by aplusjimages · · Score: 1

      That's exactly what this country has turned into. It's like a game and the losing side won't lose graciously. If Gore had won in 2000 and did all the same things as Bush, I would stand where I stand now bashing the president.

      --
      Can I bum a sig?
  19. Avoiding the State Secrets Defense by twmcneil · · Score: 1, Interesting

    IANAL either but I think the ACLU v. NSA decision mapped the path around the State Secrets defense.

    A.) You wait for the Administration to brag about how it is chasing down the "terrists" and let them adequately describe how they are breaking the law.

    B.) Find a few people with standing that probably have been damaged by those illegal actions while avoiding the need to produce specific individual records from the illegal activities.

    As long as you don't ask the Gov't to produce specific info regarding their illegal activities, they cannot claim State Secrets.

    --
    "The ferrets, they're every where I tell you!"
  20. Re:Separation of powers by vertinox · · Score: 1

    IANAL, but how effective can any sort of lawsuit against the government be these days? Isn't it the same government that runs the courts?

    In most despotic nations this would be the case, but the founding fathers of the United States had in mind all too well of what happens when the government owns all three branches (legislative, executive, and judicial) and puts them to use (like the Egnlish crown).

    So they went about creating a system in which each of the three groups would "check and ballance" each other out... So the President couldn't own the congress and courts at the same time...

    Unfortunatley, they overestimated the power of corruptions and now we face something that appears to be the Founding Father's worst nightmare.

    --
    "I am the king of the Romans, and am superior to rules of grammar!"
    -Sigismund, Holy Roman Emperor (1368-1437)
  21. Re:Liberal hysteria!! by kfg · · Score: 1

    . . .and once a "friend" of the US. . .

    Same as Afghanistan, Iran and Pakistan. Things that make you go , "Hmmmmmmmmmmmmmm."

    Wasn't France our friend once? I wonder if that's why Americans are expating to Moscow this go round, rather than Paris. Fear of being "liberated" again.

    KFG

  22. This is the reason by gillbates · · Score: 3, Insightful

    Why we support the EFF. The EFF helps citizens keep the government in check. This is just one of the many scandals the EFF has brought to the public's attention.

    Instead of whining about the erosion of our civil liberties, do something about it - support the EFF.

    --
    The society for a thought-free internet welcomes you.
  23. Go EFF!!! by pfz · · Score: 1

    It's amazing that EFF takes the lead in going after the government when it steps out-of-bounds. It is scary to think what the government would do if there was nobody playing watch-dog (the same goes for the ACLU, PIRG's, etc...). What's even more freaky is what evil plans might already be in the works! Help us, Superman! (or Help us, ___________! -- insert your favorite superhero)

    ALTERNATIVE FREEDOM

    A documentary about the invisible war on culture.
    Features EFF Attorney JASON SCHULTZ, RMS, DANGER MOUSE (of Gnarls Barkley and the Grey Album), LAWRENCE LESSIG, and more...

    http://alternativefreedom.org/

    ($1 from every purchase is donated to EFF)

  24. DoD, FBI, bah... lightweights. by Kenja · · Score: 1

    Its the NGA thats watching you pick your nose in your backyard.

    --

    "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    1. Re:DoD, FBI, bah... lightweights. by clueless_penguin · · Score: 1

      Actually, its Major League Baseball.

      --
      Use the spatula, Luke
  25. what's the real issue here? by burndtdan · · Score: 1

    simply because someone presented the issue with a point of view in place, or mislabeled it, that doesnt change the issue that the government, any government, this administration or others, republican or democrat, might be withholding documents that should be publicly available under the freedom of information act. bickering over bias, over this mistake or that, does not change the issue.

    1. Re:what's the real issue here? by fotbr · · Score: 1

      Knowing what department you're "supposed" to be pissed off at is kind of important. You know. FACTS. Getting those right helps your cause (whatever it may be) a lot more than incessant whining thats full of mistakes.

  26. Re:Liberal hysteria!! by ral8158 · · Score: 0

    And who kills the innocent Americans, exactly?
    I'd really like to know.

  27. Re:Liberal hysteria!! by DM9290 · · Score: 5, Insightful

    "Liberated Iraq."

    HAHAHA.. you do understand that only right wing evangelical neoconservatives think that "liberty" means the same thing as "bombed into the stone age with no sustainable government/security/industry or future (except a civil war) or merger into a some mega theocratic union with our friends in Iran".

    The rest of us see your use of the word "Liberated" for what it is: stupid and empty repetition of Republican talking points.

    The mission is already "Accomplished". The mission to create instability in the middle east in an attempt to slow down Europe from becoming the dominant superpower on earth. A mission to create world animosity against the US so that dumb neocon (even a camel can get through the eye of a needle if he's a born again camel) authoritarian followers have even more reasons to go to sleep each night wondering if perhaps the rapture will finally save them from this hell on earth we've created, and in the meantime to support every single right wing neofascist measure to transfer yet more funds from the public coffers into the bank accounts of our loving and benign "business leaders".

    Bush and friends didn't give a rats ass about the iraqi people in 1991 through to 2003 and certainly don't give a flying fuck now. And if you think that they give a rats ass about the American people either, I have a bridge I'd like to sell you.

    America has been royally screwed by the neocon movement and she is still taking it like a 2 cent whore. WAKE THE FUCK UP!

    --
    No one has a right to their *own* opinion. They have a right to the TRUTH.
  28. Re:Liberal hysteria!! by Anonymous Coward · · Score: 0

    Iraq hasn't been liberated. It is being occupied by the US currently.

  29. Re:If only they would just use a proxy / encryptio by bwcbwc · · Score: 1

    You mean the proxies that the feds subpoena to get the user data?

    And the encryption algorithm that contains the government mandated backdoor?

    --
    We are the 198 proof..
  30. Re:Liberal hysteria!! by non · · Score: 3, Interesting

    iraq was more than just a friend; they were our proxy against iran. the taliban were our proxy against the russians. the kurds, who we told we would assist, are currently our very skeptical friends; they've seen firsthand how we treat our friends.

    on the subject of how the country will be left, there's nothing very surprising. bush should be charged with treason for lying to the public to take the country to war. cheney should be charged with fraud, and whoever in cheney's office 'outed' a cia agent should also be tried for treason; clinton should get a box of cigars.

    --
    ...vividly encapsulates that post-Watergate/pre-punk/coked-up moment when you could trust no one, least of all yourself.
  31. Re:If only they would just use a proxy / encryptio by Anonymous Coward · · Score: 2, Insightful

    How do you know that blastproxy.com isn't actually being run by the FBI as a honeypot to entrap people who need anonymous access to acheive their nefarious ends on the web? Come on now, instead of sifting through ALL the traffic on the web, isn't it a lot easier to just create a service that criminals will naturally gravitate towards, while at the same time floating rumours that you are actually sifting through all the traffic, thus driving those who don't want to be traced to the service you created?

  32. Re:Liberal hysteria!! by cyber-dragon.net · · Score: 1

    GP requested documented proof... in actuality the documents coming to light from research over the results of US action in Iraq suggest we have done far more harm than good and actually encouraged terrorist recruitment and funding. So Bush's little "war on terror" has actually INCREASED the likelihood of terrorist attacks. How do you define success?

    Read the Wall Street journal, traditionally very conservative and Republican, even they are running articles on this. Two days ago there was a very telling one stating US teenagers these days feel they are not educated on other cultures and want to know why everyone hates us. Half surveyed said the world hates us because of Bush. These are our next generation... even they can see it... why can't friggin right wingers?

  33. Re:Liberal hysteria!! by demigod · · Score: 3, Insightful

    And who kills the innocent Americans, exactly? I'd really like to know.

    You ask.

    My guess it primarly one of two groups.

    • People who are unhappy being invaded and occupied.
    • People who are taking revenge for the significally larger number of innocent iraqies killed.
    --
    "The last thing I want to do is deal with a bunch of people who want something."
    Major Major
  34. Re:Liberal hysteria!! by demigod · · Score: 3, Insightful

    I only hope that in the 2008 elections, we have a return to moderates and realistic people like John McCain or Joe Biden or perhaps, gasp, some votes for Independent around the country in different positions.

    I'll be happy if my vote even gets counted and added to the tally of the candidate I intended.

    At this point I consider that unlikely.

    --
    "The last thing I want to do is deal with a bunch of people who want something."
    Major Major
  35. Re:Liberal hysteria!! by waa · · Score: 1

    Excellent. Well put. Thank you. I am printing this and handing it out (with your permission of course) :)

    --
    Windows is not the answer.
    Windows is the question.
    The answer is "NO."
  36. Re:Reich Wing hysteria!! by aplusjimages · · Score: 1

    Getting Bush has nothing to do with this election since he isn't running. Plus if Bush didn't screw up so much then there wouldn't be alot of Bush bashing. I'm concerned about fellow Americans who think it's okay for our government to spy on its citizens. It's scarey that Americans get mad at fellow Americans more than they get mad a politicians. Remember the days when politicans were the ones we hated and not our neighbors.

    --
    Can I bum a sig?
  37. Re:Liberal hysteria!! by demigod · · Score: 0, Offtopic

    ...attempt to slow down Europe from becoming the dominant superpower on earth...

    You got to be kidding.

    The next dominant superpower will be either China or India. My money is on China, since, like it or not, that's were most of the money I spend goes. My job will evenutally go to India but hopefully that won't be to soon.

    --
    "The last thing I want to do is deal with a bunch of people who want something."
    Major Major
  38. eff press release by novus+ordo · · Score: 1
    October 03, 2006 EFF Sues for Information on Electronic Surveillance Systems

    FBI Withholds Records on Tools to Intercept Personal Communications

    Washington, D.C. - The FLAG Project at the Electronic Frontier Foundation (EFF) filed its first lawsuit against the Department of Justice Tuesday after the FBI failed to respond to a Freedom of Information Act (FOIA) request for records concerning DCS-3000 and Red Hook -- tools the FBI has spent millions of dollars developing for electronic surveillance.

    DCS-3000 is an interception system that apparently evolved out of "Carnivore," a controversial surveillance system the FBI used several years ago to monitor online traffic through Internet service providers. One Department of Justice report said DCS-3000 was developed to "intercept personal communication services delivered via emerging digital technologies" and that it was used "as carriers continue to introduce new features and services." According to the same report, Red Hook is a system to "collect voice and data calls and then process and display the intercepted information."

    The FLAG Project first filed its FOIA request for information about the surveillance systems on August 11, 2006. The FBI acknowledged receipt of the request, but the agency has not responded within the time limit required by law.

    "Recent allegations of domestic spying by the U.S. government already have both lawmakers and the general public up in arms. Americans have a right to know whether the FBI is using new technology to further violate their privacy," said EFF Staff Attorney Marcia Hofmann. "The Department of Justice needs to abide by the law and publicly release information about these surveillance tools."

    EFF's FLAG Project, launched last month, uses FOIA requests and litigation to expose the government's expanding use of technologies that invade privacy.

    "Transparency is critical to the functioning of our democracy, especially when the government seeks to hide activities that affect the rights of citizens," EFF Senior Counsel David Sobel, who directs the FLAG Project. "We have recently seen numerous instances where federal agencies have sought to conceal surveillance activities that raise serious legal issues."

    For the full FOIA suit filed against the Department of Justice:
    http://www.eff.org/flag/dcs/dcs_complaint.pdf

    For more on the FLAG Project:
    http://www.eff.org/flag/

    --
    "You're everywhere. You're omnivorous."
  39. Re:Liberal hysteria!! by mi · · Score: 0

    Putting Saddam to prison, besides being a great thing on its own, persuaded Muammar Qaddafi to change his ways (even if he already thought about folding), and Charles Taylor to give up. If it weren't for the despickable sabotage of by foreign governments and domestic illiberals, Iranian and North Korean regimes could well have fallen by now too.

    Those are good things internationally. Inside, cutting taxes and making public schools accountable are no small achievements too.

    --
    In Soviet Washington the swamp drains you.
  40. Re:Liberal hysteria!! by mi · · Score: 1
    Can anyone say he has left office leaving the future with less problems than, about equal, or more?

    He has not left office yet. In fact, there are two more years to go. Hold your breath.

    But, still today, we have never been shown a clear connection to terrorism against the US and Iraq, nor any good motivations besides perhaps revenge in that Saddam was his father's enemy

    How about this? A nice, independent read...

    --
    In Soviet Washington the swamp drains you.
  41. If an asshat falls down the well... by PopeRatzo · · Score: 1

    Um, yes, even if nobody submits a query to the database that retrieves your transcript, your rights have been trampled on if you were wiretapped and the calls transcribed, machine or no.

    The mantra in the authoritarian/dictatorial sewers of our current "Administration" is "Data=Power".

    In the old days of the Hoover FBI, the buttoned-down martinets who worked for that cross-dressing queen used to confront a citizen with a big, fat file and say "Don't you want to help your Government?" and the poor schlub would be ready to turn in his own mother.

    It's the same idea under Bush and his "Trust Me" brand of Constitutional Compliance. Naturally, he'd never actually USE his newly minted powers of "Unitary Executive", but God knows, they're there if he needs them.

    God I hope you people are gonna be able to take the time off of work Nov 7 so you can vote. I know it's hard with your boss being an asshat and all, but if we don't get some oversight over these maniacs, Lord knows what he's going to do as he's going out the door in the next 2 years.

    --
    You are welcome on my lawn.
  42. Who said "Department of Defense"?! by mi · · Score: 0

    The write-up and the actual article talk about EFF suing FBI. Yet the title says "Department of Defense". WTF?

    There is no word "defense" in the entire FA, in fact...

    --
    In Soviet Washington the swamp drains you.
  43. Re:Liberal hysteria!! by Bing+Tsher+E · · Score: 1

    Give him a break. He hasn't been follwing the Airbus disaster.

    Europe has a lot of nice old cathederals. The only question is wether they'll be converted into Mosques, demolished, or remain the 'historical landmarks' they at present are. (The Taliban has an answer and a wrecking ball to implment it with).

  44. Re:Liberal hysteria!! by rolfwind · · Score: 2, Insightful

    What you describe in number 1 is conservatism, not necessarily the true ideals of the Repblican Party (besides election time propraganda) even though they might have genuinely held those values at one time.

    If you look at the history of political parties, you will see that the values of longstanding parties change over time. This might be simply because of a changing of the guard, change in key individuals themselves as they grow older, but more often than not, they change to cater to and attract a new potential group of voters to join their ranks, which, once it happens, in turn reinforces the change.

    President Kennedy, afterall, once espoused tax cuts as a way to stimulate the economy among a larger program that sounded remarkably like "trickle down" economics. This later term was made famous by President Reagan once a democrat. President Reagan mentioned of his switch that it wasn't his priorities that changed, but that of the party that he previously belonged to.

    I humbly suggest you abstain looking at parties and start looking toward candidates that espouse similiar values as yourself, independent of their party membership, and have the voting/public record to prove it their words.

  45. Talking points by lheal · · Score: 0
    HAHAHA. you do understand that only right wing evangelical neoconservatives think that "liberty" means the same thing as "bombed into the stone age with no sustainable government/security/industry or future (except a civil war) or merger into a some mega theocratic union with our friends in Iran".


    Fallacies, how shall we count thee? First, it's outright derision with the laughter bit. Then, you seque directly into ad hominem, followed by a redefinition of terms. You follow that quickly with hyperbole (the "stone age" is a little much). Then, I have to admit something: you lost me. So it might be that I'm misunderstanding your point. Gosh, it's almost like you're claiming to know the future ... oh, that's it! The fallacy of future absurdity: "If X occurs, the world will end, so we'd better not let X occur".

    But this just slays me:

    The mission is already "Accomplished". The mission to create instability in the middle east in an attempt to slow down Europe from becoming the dominant superpower on earth.


    Europe is doing a fine job of falling down on the way to superpower status all by itself. The mission in Iraq was not and is not to destabilize. The forces who oppose us (Al Qaeda and friends) have that as their goal. We want stability, because stability breeds prosperity and because we just like stability. So not only are the two premises of your absurd statement false, your logic is invalid because, get this: there is no link between stability in the Middle East and European superpower status. Or at least, you failed to show one.

    But let me give you an alternate way of looking at things that may help explain the CBS Evening News for you. There are two kinds of world leaders: foreign policy "realists" and "idealists". A realist sees foreign policy as a morality-free arena, and his goal is to manipulate the world to achieve some personal or national goal -- but he doesn't care about what he can't control. Since there is no right and wrong, and we and other nations are basically the same, there's no sense trying to spread our ideology. An idealist, on the other hand, has certain goals: supporting human rights, fighting communism, etc. Hugo Chavez is an idealist. Jacques Chirac is a realist. Got it? Like most things, it's a spectrum, and I don't intend to pigeonhole anybody.

    Bill Clinton was a realist. Carter and Reagan were idealists when they came into office, and Reagan stayed that way. Jimmy Carter came into office as an idealist, as I said, but he quickly discovered realism. George W. Bush came into office as a realist (though he did make some noise about religious persecution, it didn't even rise to the level of sabre-rattling). 9/11 changed him into an foreign policy idealist. He believes (at least, I believe he believes) that there is a clear Good versus Evil epic being written, and wants to be the hero of it.

    So if you're going to hate W, at least get his flaw right. He's not playing Risk to keep Europe at bay or rule the world. He's trying to turn the Huns back at the Volga.
    --
    Raise your children as if you were teaching them to raise your grandchildren, because you are.
    1. Re:Talking points by DM9290 · · Score: 1

      grand parent post: "Liberated Iraq."

      my post:
      "HAHAHA. you do understand that only right wing evangelical neoconservatives think that "liberty" means the same thing as "bombed into the stone age with no sustainable government/security/industry or future (except a civil war) or merger into a some mega theocratic union with our friends in Iran"."

      you said: "First, it's outright derision with the laughter bit."

      You interpretted correctly. Outright derision is the effect I was going for.

      you: "Then, you seque directly into ad hominem, followed by a redefinition of terms. "

      It was not me who redefined anything. The word "Liberty" has a specific meaning which does not include what America did to Iraq. It was the grandparent post which redefined words. As for the ad hominem, you are right. Although the right wing evangelical conservatives do pretend to believe that Iraq is "Liberated". And although it is predominantly right wing evangelical christian neoconservatives who cling to this perverse redefinition of the word "Liberty" we did fact in bomb them into a state of barbaric civilization reminiscent of the stone age with no electricity, no communication, no law, no security. It was overreaching of me to claim that we LITERALLY bombed iraq into the stone age. That is of course physically impossible. However... it was not for lack of trying. You protest too much.

      My argument was against the neocon redefining the word "Liberty". And you cleverly now accuse me of redefining it.

      "Bombing into the stone age" is an appropriate analogy for what we did to Iraq when we "Liberated" (by evangelical neocon lingo) or "invaded" (by the plain meaning of english terms) it. We have no other suitable description .... no other word or term would be any more accurate.

      Certainly "bombing them into liberty" is an utterly absurd and far more misleading description; but it is the one you would use.

      "Europe is doing a fine job of falling down on the way to superpower status all by itself."

      the world currency markets disagree with you. Have you looked at how much faith the markets have in the american dollar?

      you say: "The mission in Iraq was not and is not to destabilize. "

      prove it. This is what America did. America is the worlds greatest superpower. The greatest superpower in all human history. There is a legal maxim which says that when a certain effect is the usual and reasonable outcome of a specific act: if a person intended to perform that act, then it is because they INTENDED to cause that effect. Instability was the reasonable and usual outcome of the kind of invasion America adventured into. thus, instability was the intended effect.

      "The forces who oppose us (Al Qaeda and friends) have that as their goal. "

      You are now attacking straw men. We are talking about IRAQ. Saddam Hussein was not a member, supporter or friend of Al Qaeda. In fact Saddam Hussein ran a secular government in direct opposition to the aspirations of Al Quaeda. THE SADDAM HUSSEN ADMINISTRATION DID NOT ASSIST OR SUPPORT AL QUAEDA.

      You know this perfectly well but you are so comfortable regurgitating the neocon talking points that it comes naturally off your tongue. A Con artist should not believe his own lies.

      "We want stability, because stability breeds prosperity and because we just like stability. "

      why would necons and neoliberals want prosperity and stability? When instability, fear and oppression serve their interests far better. You are claiming that transnational corporations, whos profits are at RECORD HIGH LEVELS, did not want the instability which came hand in hand with these profits. Your claim is outlandish and demands proof.

      the rates of profit is always LOWEST when stability and prosperity are maximized. Profits are HIGHEST when the economy is flat or in decline.

      The US government is on the verge of complete bankruptcy (I can say that, I'm not in america: it is a crime for americans t

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
  46. DoJ not DoD by Anonymous Coward · · Score: 0

    The FBI is not in the DOD, they are in the DOJ. What a blatantly wrong headline.

  47. Re:If only they would just use a proxy / encryptio by Antique+Geekmeister · · Score: 1

    Unfortunately, such encryption isn't ubiquitous enough to protect non-critical transmissions: normal business and personal email, cell phone conversation, and many IM-style tools aren't remotely secure enough. Even for common encryption techniques such as SSL, the keys are rarely well-protected enough to prevent "law enforcement" from stealing them and monitring traffic secretly.

    There are technologically reasonable techniques, such as the so-called "Trusted Computing" tools that are growing in use, but notice that those require signed, registered keys from companies like Microsoft. That's no protection whatsoever against abuse by federal agencies with access to the fundamental key signature authorities. It's a real political and technical problem: it's very difficult to get approval for general export for any tools that include robust encryption without gaping security holes for "approved" federal access.

  48. Re:Liberal hysteria!! by Antique+Geekmeister · · Score: 1

    Wildly off-topic, but given that more people are dying on the streets *now* in Iraq than during Sadam's reign, I don't see how it's a step up for Iraq. And given that our "ally against terror" Pakistan has been sellingn nuclear weapons facilities and technologies to any 3rd world nation that can scrape up the money and is harboring Osama bin Laden, it's not like the world is safer.

  49. Re:Liberal hysteria!! by shutdown+-p+now · · Score: 1
    You forgot a third group:
    • People who consider the very existence of the Western civilization offensive to their beliefs
    It is important to understand that all three groups exist. Not all those labelled terrorists by the U.S. are militant Muslim fanatics dreaming of the World Caliphate, but not all of them are merely fighting for the freedom of their people either. Iraqi insurgents would mostly qualify as freedom fighters, for example, while Al-Qaeda is an apocalyptic paramilitary organisation enforcing a "convert to Islam or die" principle worldwide. Naturally, these two very different problems require two distinct solutions.
  50. Not terribly concerned by jnf · · Score: 1

    I am not terribly concerned honestly, and it's not because 'I have nothing to hide and are therefore clean', but rather the FBI as a whole is generally so by-the-book it's sickening. On average they the boyrgscouts who don't break laws because it's illegal and they would never do anything illegal. When I talked to the EFF guys @ defcon, this was a point we all agreed on, they have no problem with wiretaps from the FBI because they sit down and do the necessary paperwork.

    This isn't a lawsuit like the one against AT&T, this is a FOIA 'hey you didnt give us everything' lawsuit. In short, I'm not terribly concerned that the FBI has monitoring capabilities and such, they're so by the book that I won't be watched unless it's legal and I did something wrong.

  51. Re:Liberal hysteria!! by slowdive1979 · · Score: 1

    what does your harsh rhetoric have to do with the article? or are you just spewing your anti-opinions around to get some +5 Bush-Hater. not that i agree with all of the policies of the current US gov't, but your approach is the same the mindless fans of the neocons.

    anyway, how about the good old EFF?

  52. Re:Liberal hysteria!! by mi · · Score: 1

    Where am I talking about Iraq being a step up or down? Where am I talking about the world being safer or not?

    Can't you respond to the actual argument, or must you change the subject to something, for which you were already supplied with talking points?

    --
    In Soviet Washington the swamp drains you.