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Audit Finds FBI Abused Patriot Act

happyslayer writes to mention that according to Yahoo! News a recent audit shows that the FBI has improperly and in some cases illegally utilized the Patriot Act to obtain information. "The audit by Justice Department Inspector General Glenn A. Fine found that FBI agents sometimes demanded personal data on individuals without proper authorization. The 126-page audit also found the FBI improperly obtained telephone records in non-emergency circumstances. The audit blames agent error and shoddy record-keeping for the bulk of the problems and did not find any indication of criminal misconduct. Still, 'we believe the improper or illegal uses we found involve serious misuses of national security letter authorities,' the audit concludes."

341 comments

  1. What are the chances... by brian0918 · · Score: 5, Insightful

    What are the chances that anyone will ever - ever - be arrested over this?

    1. Re:What are the chances... by stratjakt · · Score: 3, Insightful

      ...did not find any indication of criminal misconduct.

      No chance at all.

      --
      I don't need no instructions to know how to rock!!!!
    2. Re:What are the chances... by JensenDied · · Score: 1

      If I had to guess, slim to none. Audits tend to show that there is a problem, possibly where it is, but they don't tend to do things about them.

      --

      09:F9:11:02 - 9D:74:E3:5B - D8:41:56:C5 - 63:56:88:C0

    3. Re:What are the chances... by gstoddart · · Score: 5, Insightful

      What are the chances that anyone will ever - ever - be arrested over this?

      Arrested as a product of the illegal activity, or arrested for performing the illegal activity?

      The former has probably already happened, the latter is probably unlikely (summary says no criminal misconduct).

      You didn't really think they would get in trouble for abusing the law we've all been saying has huge potential for abuse, did you?

      While they might make policy that says internally they need to do things correctly in the future, I doubt that will prevent them from obtaining information on a whim because it's expedient. But, I'm a cynic about such things, hopefully I'm wrong. :-P

      Cheers
      --
      Lost at C:>. Found at C.
    4. Re:What are the chances... by mordors9 · · Score: 1

      Little if any chance. That isn't the way, we in the US have generally handled these situations. If the FBI agents improperly got information that was used in a prosecution, the defense can move to have the case thrown out, or at least any evidence that they collected as a result of this infraction be thrown out. If the trial is already over, it could give the defense grounds to try to get a new trials.

    5. Re:What are the chances... by Seumas · · Score: 1

      They won't be. Essentially, they aid that it was abused, but it wasn't a big deal. Further, they're just going to solve the problem by expanding patriot act rights. Much easier than curtailing abusive behavior.

    6. Re:What are the chances... by FrivolousPig · · Score: 0, Insightful

      None, but what do you expect? Giving the government power and not expecting them to use it is like giving a kid ice-cream and expecting them not to eat it.

      --
      ~ All comments automatically moderated -1 since 2004 ~
    7. Re:What are the chances... by brian0918 · · Score: 5, Insightful

      Being woefully ignorant of the proper legal routes you're supposed to take doesn't exempt you from being held responsible if and when you don't take those routes. This article just says that they didn't intentionally break the law, but I don't see any difference.

    8. Re:What are the chances... by elrous0 · · Score: 2, Insightful
      Assuming that the FBI lets everyone know who was illegally spied on--which they almost certainly WON'T.

      -Eric

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    9. Re:What are the chances... by CastrTroy · · Score: 1

      Unless it's a tax audit conducted by the IRS, In which case they make sure that they do something about it.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    10. Re:What are the chances... by kinglink · · Score: 1

      Essentially the same as people not blaming bush for this even though he doesn't run the FBI himself, or the democratic party completely ignoring this. Slim, not exactly none, but not visible by the human eye.

    11. Re:What are the chances... by walt-sjc · · Score: 3, Insightful

      The difference is "intent". Intent plays a large part in many of the criminal laws. For example - did you lose control over your car and accidentally kill a pedestrian on the sidewalk or did you intend to mow them down in a fit of rage...

      Of course intent isn't everything, and being ignorant of laws doesn't always protect you from the consequences either.

      If anything at all comes out of this, it will be limited to discussion and that's about it. MAYBE it will get a few congressmen hot under the collar and debate the merits and abuses of the unPatriotic Act. I seriously doubt any repealing or scaling back will happen however.

    12. Re:What are the chances... by jandrese · · Score: 5, Informative

      In fact that's part of the PATRIOT act: You're not even allowed to find out if they've been abusing the act. Whistleblowing abuses of the PATRIOT act is a crime under the PATRIOT act.

      --

      I read the internet for the articles.
    13. Re:What are the chances... by operagost · · Score: 4, Informative

      Depends on whether you are Democrat or Republican.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    14. Re:What are the chances... by Twanfox · · Score: 4, Insightful

      When common citizens can get arrested and prosecuted in spite of ignorance of the law, then so can the enforcers of the law, the ones SPECIFICALLY in charge of enforcing and utilizing the law to safeguard the lives of the citizens. To say the FBI is ignorant of the law can be considered far worse than a citizen not being informed of it, simply because the FBI lives and breathes by what laws are currently enforceable.

    15. Re:What are the chances... by bberens · · Score: 1

      Where's the FARK.com 'obvious' tag when you need it?

      --
      Check out my lame java blog at www.javachopshop.com
    16. Re:What are the chances... by KDR_11k · · Score: 1

      Yes but if it's not criminal it doesn't matter whether they were ignorant (at least for the legal system, their boss can still demote them for that).

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    17. Re:What are the chances... by voice_of_all_reason · · Score: 1

      That's a good point. With deaths, you have to prove "criminal negligence" in order to prosecute for an accidental killing. With not-so-serious charges, you don't need intent, though. How did this happen?

      Try and recall the last time you heard of a guy getting off for not knowing drug possession or zoning violations or drinking coffee on the train was illegal.

    18. Re:What are the chances... by voice_of_all_reason · · Score: 0, Flamebait

      Except many of these people have rendered to black holes, designated as "combatants", and tortured. How do you move to have a case thrown out or get a new trial when there is new trial. Oops!

    19. Re:What are the chances... by j-turkey · · Score: 5, Funny

      In fact that's part of the PATRIOT act: You're not even allowed to find out if they've been abusing the act. Whistleblowing abuses of the PATRIOT act is a crime under the PATRIOT act.

      The first rule of the USA PATRIOT act is that you do not talk about the USA PATRIOT act...

      ;)

      --

      -Turkey

    20. Re:What are the chances... by beckerist · · Score: 1

      I know it's cliche to link to Wikipedia, but this makes for an interesting read: http://en.wikipedia.org/wiki/Ignorantia_juris_non_ excusat

      In a way this is irrelevant, as the FBI is essentially governed by those who write the laws, therefore if ignorance is their excuse then the blame falls on the law makers (see the problem here?)

    21. Re:What are the chances... by cheater512 · · Score: 1

      Thats true in other countries. In the US its different and noone will even get a slap on the wrist.

    22. Re:What are the chances... by sycodon · · Score: 1

      From TFA:

      "...did not find any indication of criminal misconduct."

      So I guess not anytime soon.

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    23. Re:What are the chances... by xs650 · · Score: 1

      Or promote them and then have Bush give them a medal.

    24. Re:What are the chances... by BakaHoushi · · Score: 1

      Let's see... "Authority figures abuse broad, poorly defined laws for their own benefit... film at 11, after our exclusive report The Sky: It's Blue."

      Personally, I thought the whole point of the FBI was to abuse power and civil liberties. I mean, congress does its best, but it can only do so much.

    25. Re:What are the chances... by M_Cheevy · · Score: 4, Interesting

      There is a way to smack them other than criminal charges. Unless it was repealed during the post 9/11 orgy of civil rights abuses, Section 1984 of Chapter 15 of the US Code states that a government official is personally financially responsible for double damages if they violate the civil rights of a citizen. This probably came out of the 60s Civil Rights movement to prevent southern officals from keeping blacks out of the voting booths -- a necessary thing at the time. Now it can be used to protect people against abuses of the Patriot Act -- but only if they know they've been victimised.

    26. Re:What are the chances... by HermMunster · · Score: 4, Interesting

      And you want to tell me how over 140,000+ people were suspected of terrorism or affiliated to it, in the USA?

      --
      You can lead a man with reason but you can't make him think.
    27. Re:What are the chances... by Anonymous Coward · · Score: 0

      I totally agree that Berger was given a slap on the wrist for the very serious crime of destroying evidence in the 911 investigation, but wasn't he prosecuted by the Bush Justice Department?

    28. Re:What are the chances... by Master+of+Transhuman · · Score: 5, Interesting

      Sibel Edmonds, while employed at the FBI as a translator, determined that the FBI employed spies for various Turkish organized crime groups as translators who concealed important evidence in FBI investigations.

      She further discovered that "senior elected US officials" were implicated by these documents in direct involvement with organized crime groups in the Middle East and Turkey involved in drugs, arms smuggling, and the nuclear materials black market. These same people were involved with the outing of CIA covert agent Valerie Plame Wilson, apparently for the purpose of protecting these same organized crime groups which Plame's covert operation was investigating. (Marc Rich, the alleged "money man" for some of these organizations, was a client of "Scooter" Libby at one time.)

      For these discoveries, she was fired and gagged by a direct order from the DoJ from ever discussing these matters with anyone not in the US Senate with a security clearance. So far, no one in the US Senate has had the balls to come forward and request the details.

      When I was arrested by the FBI, I was presented with a document they requested me to sign before interrogation. The document expressly stated that I would waive all rights to an attorney before questioning. I pointed this out to the agent. He said, "No, it doesn't mean that." I pointed out that I could read and understand English perfectly well, and there was no caveat whatsoever anywhere on that paper that said anything other than that I waived all rights to an attorney.

      I refused to sign. They stomped off. My Miranda rights were secured.

      Anybody who thinks the FBI adheres to ANY form of "rule of law" is living in a dream world.

      Such people need to look at the Federal court decisions that ruled that the FBI engaged in YEARS of illegal "black bag" jobs and other illegal operations against the American Indian Movement.

      Such people need to look back at the 1960's when the FBI printed up posters of Abbie Hoffman and other activists of Jewish background accusing them of being Jews who were racist against blacks and had these posters plastered all over black neighborhoods in Harlem and elsewhere.

      Such people need to look at the case of the Federal prison inmate who was beaten to death in the Oklahoma City transit center by two Bureau of Prisons correctional officers. The Oklahoma coroner had to get a court order to be allowed in to investigate the case. The FBI was called. One of the agents took the bloodstained garments of the prisoner, threw them in the trunk of his car and drove around with them, destroying their value as evidence, until he eventually complained to his supervisor that they were stinking up his car.

      The FBI are the scum of the earth. The only lower scum are Bureau of Prisons correctional personnel. In fact, this is being detrimental to the reputation of earth scum to put these people on the same level.

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
    29. Re:What are the chances... by pak9rabid · · Score: 1

      Awesome...so the next time I get pulled over for speeding, I can tell the cop it's ok because I didn't know the speed limit. Thanks for setting this precedent guys....

    30. Re:What are the chances... by Score+Whore · · Score: 2, Informative

      No the article says there is no indication of criminal misconduct. It has zero to do with intent. It has nothing to do with knowledge. It has everything to do with criminal vs. not criminal. There certainly was misconduct, but there also apparently was not criminal misconduct. If you can't understand that you need to go have a serious talk with your parents and teachers for failing to teach you to read.

    31. Re:What are the chances... by cHiphead · · Score: 0, Troll

      Is violation of the Constitution criminal or noncriminal?

      Cheers.

      --

      This is my sig. There are many like it, but this one is mine.
    32. Re:What are the chances... by davester666 · · Score: 1

      What are the chances that anyone will ever - ever - be arrested over this?

      In other news..the sky is blue, water is wet, and somewhere, a terrorist is being promoted to a position of power within the DHS...

      Nothing to see here, move along...

      --
      Sleep your way to a whiter smile...date a dentist!
    33. Re:What are the chances... by Score+Whore · · Score: 1

      The constitution is not a code of law. It details the structure of the government and the extent and nature of the government's powers.

    34. Re:What are the chances... by Proofof.+Chaos · · Score: 1

      Key phrase:"but only if they know they've been victimised"
      You think they're going to tell people they've been spying on them when the shouldn't have?
      And what does it mean to be "financially responsible for double damages" when you haven't done any physical or monetary damage, and the victim didn't even know his privacy was violated.

    35. Re:What are the chances... by erroneus · · Score: 1

      Mod parent "darkly amusing"

    36. Re:What are the chances... by eclectic4 · · Score: 1

      Holy right winger Batman!

      Reading some of his other articles is scarier than hell. CNN isn't nearly as far from center. That guy is just nuts...

      --

      "The greatest obstacle to discovery is not ignorance - it is the illusion of knowledge." - Daniel Boorstin
    37. Re:What are the chances... by sumdumass · · Score: 1

      It happend because of an attempt to justify the punishment to the crime. Most minor infractions don't carry a servere enough penalty to seperate them.

      But with murder or accidental killing, there is still criminal charges. Homicide is a lesser punishment and yet there are justified/justifiable homicide laws for when the killing is a public service.

      So, illegal should mean crime of some sort. Unless illegal is just a recourse on what can be legaly submited as evidence in court. But that doesn't appear to be what the story is saying.

    38. Re:What are the chances... by jc42 · · Score: 4, Informative

      Anybody who thinks the FBI adheres to ANY form of "rule of law" is living in a dream world. ... need to look back at the 1960's ...

      Or even better, look back to the 1920's, and the founding of the FBI. A good start is to google for "Palmer raids", for an explanation of how and why the FBI came into existence.

      The FBI started as a political agency, and it has remained one throughout its history. The idea that it's a law-enforcement investigative agency comes mostly from Hollywood.

      The fun thing is that none of this is hidden. People who read actual history rather than watch TV and movies tend to be quite aware of this history. But there's no need to hide it from the general population, since most Americans don't read any history at all.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    39. Re:What are the chances... by sgt_doom · · Score: 2, Interesting

      A most excellent point you make, Good Citizen brian0918. One might suggest that the FBI didn't intentionally break the law when they did that false op a year or so ago against Scott Ritter (the one falsely accusing him of child molestation; the case being quickly thrown out of a federal court and the FBI receiving yet another - among thousands - serious rebuke from the judge); nor did the FBI intentionally break the law when the FBI did that false op against the Reverend Martin Luther King (where they tried to destroy his family and reputation, etc.); nor did they intentionally break the law when certain FAA tapes were illegally destroyed covering aspects of FAA communications on that day of 09/11/01; nor did they intentionally break the law when an assassination team (which is cutely now referred to as a Hostage-Rescue team) to destroy Randy Weaver and his family (unfortunately his wife and child and dog were gunned down, but the remaining people were saved by the arrival of one feisty Wyoming lawyer who brought a gaggle of news reporters with him; nor did they intentionally break the law when an FBI team supposedly believed they were running a Chinese double agent, when in fact, said Chinese double agent (an attractive lady if news reports were accurate) was in fact running that pitable FBI counter-intel team; nor did they...Geez, one could go on forever in this vein.....

    40. Re:What are the chances... by nevernamed · · Score: 1

      Probably about zero. When was the last time that anybody important has gotten in any trouble whatsoever with the current administration. Some low-scape goat will take the brunt of the attack. The injustice of it all just boils the blood doesn't it?

    41. Re:What are the chances... by StarfishOne · · Score: 5, Funny

      Section 1984 of Chapter 15 of the US Code

      One has to love all those tiny synchronicities that are floating by in this funny Universe.. ;)

    42. Re:What are the chances... by sco08y · · Score: 1

      I call bullshit. Show me where in the act is says that.

    43. Re:What are the chances... by sgt_doom · · Score: 1
      Sadly, Good Citizen jc42, your comments are both highly erudite and right on target.

      Jane Jacobs most excellent and highly readable last work, Dark Age Ahead posits that we are now in the Dark Age, and given the fact that it appears most Americans today haven't even read one book, it is no wonder that the Busheviks can so easily spread their own ignorant brand of "perception management" (derived from the CIA's old MK-Ultra program).

    44. Re:What are the chances... by Arcane_Rhino · · Score: 1

      Yes, he was. Veeeery interesting, I am thinking.

    45. Re:What are the chances... by Shajenko42 · · Score: 1

      Catch 22 says you don't have to show anyone Catch 22.

    46. Re:What are the chances... by mrbluze · · Score: 1

      About the same chances that anyone responsible for the Plame case (apart from Libby) will get charged or convicted for the same crime. It's sad but true that the government and its organizations appear no less self-interested and not-on-the-side-of-the-citizen than the worst multinational corporations.

      --
      Do it yourself, because no one else will do it yourself. [beta blockade 10-17 Feb]
    47. Re:What are the chances... by Anonymous Coward · · Score: 0
      What are the chances that anyone will ever - ever - be arrested over this?

      It should be easy to find the miscreants -- just about every month, we are assured by our trustworthy government that there have been no abuses of the Parrot Act. Thus, all abuse has occurred within the past month, so it should be very easy to track down, since the trail is so fresh.

    48. Re:What are the chances... by Anonymous Coward · · Score: 0
      When common citizens can get arrested and prosecuted in spite of ignorance of the law, then so can the enforcers of the law, the ones SPECIFICALLY in charge of enforcing and utilizing the law to safeguard the lives of the citizens. To say the FBI is ignorant of the law can be considered far worse than a citizen not being informed of it, simply because the FBI lives and breathes by what laws are currently enforceable.

      The big difference is that intent is not an issue in a lot of what the common citizen does -- no one has to show intent for jaywalking. But when the high rollers are told not to do stuff, there's always a requirement to show intent. Since that's often impossible to prove, they're automatically insulated to a far greater degree than the common man.

    49. Re:What are the chances... by Headcase88 · · Score: 1

      Oh, I'm sure some random scapegoat will be jailed over this. Too bad that doesn't make a difference.

      --
      "When the atomic bomb goes off there's devastation...but when the atomic bong goes off there's celebraaaaation!"
    50. Re:What are the chances... by Digital+Vomit · · Score: 2, Funny

      When common citizens can get arrested and prosecuted in spite of ignorance of the law, then so can the enforcers of the law, the ones SPECIFICALLY in charge of enforcing and utilizing the law to safeguard the lives of the citizens.

      You haven't been in a Western democracy for very long, have you?

      --
      Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
    51. Re:What are the chances... by Dun+Malg · · Score: 1

      The FBI are the scum of the earth. The only lower scum are Bureau of Prisons correctional personnel. In fact, this is being detrimental to the reputation of earth scum to put these people on the same level.

      Nah, ATF, DEA, and Secret Service are there too below the FBI, mostly because they secretly wish they were the FBI and subsequently "try harder".
      --
      If a job's not worth doing, it's not worth doing right.
    52. Re:What are the chances... by Finn61 · · Score: 1

      I still don't quite understand how 'illegal uses' is not considered 'criminal misconduct'. If something is not a criminal act then surely it is not an illegal use. Don't these logically go hand in hand?

      --
      "Looking good Vern."
    53. Re:What are the chances... by Lane.exe · · Score: 3, Insightful
      Think of it this way -- if the cops search you in violation of your 4th amendment rights, then they've performed an "illegal" search. But they don't get a criminal penalty. The sanction is that they can't use any of that evidence that is a fruit of that illegal search at trial to try and convict you.

      What this means is that information seized illegally, outside of the bounds of the statute, will not be available to federal prosecutors, not that anyone in the FBI will be prosecuted, because they may not have violated a specific criminal statute in doing so.

      --
      IAALS.
    54. Re:What are the chances... by jamstar7 · · Score: 2
      Do you really believe any 'evidence' found by these 'out of bounds' operations will be tossed out?

      The only useage of the Patriot Act to my direct knowledge is still going on in Las Vegas as a corruption probe to bury various City Councilmen. Seems to me to be the perfect political weapon regardless of your political affiliation...

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    55. Re:What are the chances... by jamstar7 · · Score: 1

      The constitution is not a code of law. It details the structure of the government and the extent and nature of the government's powers.

      It does this by defining the legal limits of the government. That's law. Specifically, 'Constitutional Law', that pesky thing the govermnent's been trying for decades to ignore...

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    56. Re:What are the chances... by JazzLad · · Score: 1

      Rule #2 is you are not allowed to read the 'secret' portions of the act.

      --
      "If you have nothing to hide, you have nothing to fear." - Every fascist, ever
    57. Re:What are the chances... by Lane.exe · · Score: 1
      1. I don't know; it should be. The Supreme Court has generally been good about upholding these basic constitutional principles like the exclusionary rule. I guess we'll just have to wait and see on the test case.

      2. It's an awful piece of legislation however you slice it; getting someone with standing to challenge it, though, is the problem.

      --
      IAALS.
    58. Re:What are the chances... by jandrese · · Score: 2, Informative
      Sure, you can read the text of the act yourself here, but the section you want is 501.d, which reads:

      `(d) No person shall disclose to any other person (other than those persons necessary to produce the tangible things under this section) that the Federal Bureau of Investigation has sought or obtained tangible things under this section.
      --

      I read the internet for the articles.
    59. Re:What are the chances... by mabhatter654 · · Score: 1
      but that's exactly the problem... to the police, that's a "victimless" crime and you got off easy. Simply not being allowed to use the evidence in court is not enough. It won't stop the constant fishing for more evidence.. that means more and more rights getting violated. The framers knew what they were writing.. unfortunately, many of the Constitutions Rights don't have a punishment associated with them and THAT is a problem. It amounts to being "asked nicely" to not do certain things.. or we'll "ask less nicely".

      We've reached the point something harsh has to be done about it or we won't have law and order anymore. These police and agents wouldn't hesitate a second for a "1 over" ticket or 1 day lapse in tax liability or legal summons... This amounts to "we can't follow ALL the laws" so they choose the ones they want to follow... it's being demanded from the very top of the country down... not just in govt but business, education, religion, as well. In simplest terms if the govt is allowing/encouraging agents to do this, in violation of the bill of rights, then they are in "breech of contract" that contract being the constitution and they hold no authority.... the libertarians and neo-cons all want to take us back to "contract law" society.. why not make an example of them here?

    60. Re:What are the chances... by TheGavster · · Score: 2, Insightful

      As a self-proclaimed libertarian, I'm all for these guys getting hanged. The same jerk-offs who brush this off as a paperwork thing are the same jerk-offs who said the Patriot Act would only be used in emergencies when traditional searches weren't fast enough. It says there were more than 9,000 letters issued; I have a hard time believing that there were 9,000 events last year that were 'emergencies'. What we said would happen happened, and the people who broke the rules need to pay for violating the liberties of Americans.

      --
      "Because Science" is one step from "Because old book". Try "Because of my experiment testing my falsifiable assertion".
    61. Re:What are the chances... by Anonymous Coward · · Score: 0

      I believe the current *estimate* for last year is more like 20,000. Part of the abuse of the system had to do with people not properly reporting the issuing of NSLs themselves. Why not error on the side of the alarmist and just assume the real world figures are much higher?? Thats what I'm doing.

    62. Re:What are the chances... by Anonymous Coward · · Score: 0
      Or promote them and then have Bush give them a medal.

      That would be the medal with "Fine job, (your name here)-ie" engraved on the back.

    63. Re:What are the chances... by 56ker · · Score: 1

      Firstly why bother with the arrest/charge/trial stage. It's easier just to imprison people.

      Oh and the false charges thing can be used to deport people who are foreign too. Alternatively you can just do what the police did on the London Underground and shoot someone innocent dead.

      You see Western Democracies have moved on from the rule of law - to the rule of fear where there are plenty of innocent people imprisoned who haven't been arrested or charged, plenty of innocent people held on false charges and plenty of innocent people arrested on false charges, then found guilty despite the lack of evidence.

      That's just life in a Western democracy in the early 21st Century really! (Note - poster is referring to British/Irish/American governments here).

    64. Re:What are the chances... by Scudsucker · · Score: 0

      Yes, those double standards. If you're a Democrat, you can get impeached for getting a blowjob. If you're a Republican and your fuckups lead to the deaths of about 7,000 Americans and you add a couple trillion dollars to the national debt, there aren't even calls to resign. What a funny world we live in.

    65. Re:What are the chances... by packeteer · · Score: 1

      Although whatever they confiscated is probably not coming back. Lets say they confiscate drugs, we can all agree that those shouldn;t be given back even if found illegally. What about computer and technology equipment? I knew a guy who had his house raided (he was a phreaker) but all charges were dropped (he actually didn't do any of the stuff they accused him of doing), 8 years later he got his computer equipment back. How useful do you think it was to him at that point?

      --
      unzip; strip; touch; finger; mount; fsck; more; yes; unmount; sleep
    66. Re:What are the chances... by shaitand · · Score: 1

      '1. I don't know; it should be. The Supreme Court has generally been good about upholding these basic constitutional principles like the exclusionary rule. I guess we'll just have to wait and see on the test case.'

      The problem is that the cop will claim it is a legal search either way. Usually there will be 5 cops there in 10 seconds and all 5 will be willing to testify that it was a legal search. Cops are some of the most crooked SOB's around and the scary thing is that those same crooked and dirty cops have actually deluded themselves to the point where they believe that they are the good guys.

    67. Re:What are the chances... by shaitand · · Score: 1

      My person and my bank account aren't the only things that are valuable. My privacy is as well. If you wanted me to give up privacy I would want MASSIVE compensation.

    68. Re:What are the chances... by shaitand · · Score: 1

      On the contrary the constitution is the first law and the highest law of the land. The codes of law in the constitution trump any laws passed by congress and any such congressional laws are invalid the moment they are passed.

      At least that is the way it is supposed to work. The reality is quite different.

    69. Re:What are the chances... by Anonymous Coward · · Score: 0

      The trouble with an saying that an illegal search can't be used in the courtroom, is that the fruits of that search can be used to obtain other, legal evidence. It is just a question of having enough information to know to look at which related corners.

    70. Re:What are the chances... by sumdumass · · Score: 3, Interesting

      I can attest to this. It is how they cover their own ass. And I had some problems that linked directly to this.

      SKipping over the details a bit for times sake, I was arested for something I didn't do, held overnight and filed a complaint directly after my release. The officer who wrote the report out was going on vacation the day I was released and he didn't have it finished. So he handed it over to another who worte one or two lines and signed it. MY complaint trigured the watch commander to make all of the officers on the scene write detail acounting's of what happended. The officer who went on vacation did his in the morning before leaving and mailed it in while the other five officers sat in a room and colaborated everything.

      The difference was black and white. On one hand, you had reports that I stormed the officers and he put up his hands to say stop and I fell into them stumbling to the ground. In the officer on vacation's report, the officer told me to stand against the wall and when I didn't the other officer pushed me against it and after my head struck the brick wall, I pulled my hands to my head wich look as if i was going to strike him, so the officer then threw me to the ground in a headlock. My acounting of events was that after leaving a nightclub because the music as too loud and the speakers were poping and hissing, an officer was saying something and I couldn't hear him. So i started getting closer to him when he threw me agaist the wall and then draged me to the ground.

      In court, it was four people saying one thing, ME saying something else and this officer who went on vacation supporting bits and pieces of both our stories. The judge asked to see me, my lawer, the one officer and the DA in private. In there he told us we better strike a deal before this goes any further. After refusing to cop to a plea, I was finaly offered all charges being droped if i signed a statment that I wouldn't sue the city, police, these officers or anyone associated with them about this particular incident.

      So yes, It goes on and it is propbably something more often then not. But if the FBI has a record of this being used in an illegal way, then the cops lieing shouldn't be a factor in it. And BTW, there are ways to charge officers who break the law. Look at the border patrol agents in jail right now. And ever normal person would think they were just doing their job when whatever happened to put them in prison.

    71. Re:What are the chances... by Lane.exe · · Score: 1

      Right; cops try to cover stuff up. But judges tend to be more fair about it and not always pro-police. That's the beautiful thing about suppression hearings -- no jury. No testimony to sway the jury. Just the judge applying the constitutional standards set by the Supreme Court. And if the judge rules wrong, he gets overturned on appeal -- and that's what judges hate the most.

      --
      IAALS.
    72. Re:What are the chances... by Lane.exe · · Score: 1
      Most constitutional rights aren't supposed to come with criminal penalties for their violation. Look, the Bill of Rights acts as a set of restraints on "the sovereign," or the embodiment of the will of the people in a constitutional republic -- the "feds," so to speak. But just because it's on the law books and there's a violation of it doesn't make it criminal. There is always a remedy available to the wronged party, even if there's not a criminal process for adressing that remedy. In this case, the remedy for 4th Amendment violations is exclusion of the fruit of a poisonous tree. The reason there's no criminal punishment is because it's a procedural, not a criminal, violation.

      Of course, you're free to lobby your state lawmakers to produce criminal sanctions for 4th Amendment violations. The States can provide (and routinely do) more civil liberties protection than the federal Constitution does.

      --
      IAALS.
    73. Re:What are the chances... by Lane.exe · · Score: 1
      Not very, but he's always free to institute a civil suit to receive recompense for unjust takings under either the 5th or the 14th Amendment (depending on if it was state police or federal police who took his property). The law provides the remedies; the problem is that 99% of the people who are victims don't know the law, and most of them (thanks to successful media campaigns) don't like lawyers, when lawyers are the only ones who are willing to help them through this and see that justice is done. Sad situation, huh?

      Thankfully, there are lots of "Access to Justice" programs springing up to make sure that people who wouldn't otherwise know about their legal rights to a remedy learn about them and can pursue them.

      --
      IAALS.
    74. Re:What are the chances... by shaitand · · Score: 1

      For the wealthy that can afford private attorneys perhaps. For your average citizen who can't afford $300/hr failing to kiss the tail of an officer is a guaranteed plea bargin.

    75. Re:What are the chances... by fyngyrz · · Score: 2, Insightful
      ...if the cops search you in violation of your 4th amendment rights, then they've performed an "illegal" search. But they don't get a criminal penalty.

      Right. That's why they keep doing it.

      ...information seized illegally, outside of the bounds of the statute, will not be available to federal prosecutors, not that anyone in the FBI will be prosecuted

      Right. That's why they keep doing it.

      This is a fundamental flaw in the system. Not only should law enforcement — at all levels — not be exempt from the law, they should be held to a considerably higher standard, as they are in a position of great power and responsibility. They can literally ruin your life with a a single action; it is obviously important, critical even, that they perform those actions with great care and under absolutely unforgiving limitations.

      --
      I've fallen off your lawn, and I can't get up.
    76. Re:What are the chances... by fyngyrz · · Score: 1
      Most constitutional rights aren't supposed to come with criminal penalties for their violation.

      The constitution doesn't apply to "the people." That's a common misconception. The constitution lays out the hard boundaries that the federal, and in some cases the states, governments must obey in order to remain legitimate. Actions by these government entities that violate the constituting authority - the constitution itself - are illegitimate, not illegal. In other words, there is no justification for those actions, and they are outside the bounds of what the government was established to do.

      The government isn't a punishable entity. Only people within it are. So only laws (hopefully based upon the constitution, but that isn't happening lately) written to force individuals within the government to comply with those ideals can affect individuals. A good - no, perfect - example is Bush's oath to defend the constitution. He swore he would; he not only didn't, he has outright damaged it directly by signing the Military Commissions act and authorizing wiretaps without warrants, among other things. But there is no penalty for violating that oath; no law that calls him to account for such acts. The oath, of course, is therefore a completely empty act, like most claims and statement in American politics, I might add. To quote President George W. Bush regarding the constitution: "it's just a goddamned piece of paper."

      As far as citizens go, we didn't write the constitution, we didn't sign it, we had, and have, no input into it, and it really only affects us as far as the government obeys it. Lately, that isn't very much. If they aren't outright violating one portion, they're wantonly misinterpreting another. There have been a couple of signs of change in the right direction in the last week or so; 2nd Amendment and habeas corpus but overall, things are pretty bleak.

      --
      I've fallen off your lawn, and I can't get up.
    77. Re:What are the chances... by Score+Whore · · Score: 1

      Constitutional law is the study of the intersection between the constitution and municipal, state, and federal codes. You can't break Article 1, Section 1. It's just not legal code.

    78. Re:What are the chances... by sumdumass · · Score: 1

      A good - no, perfect - example is Bush's oath to defend the constitution. He swore he would; he not only didn't, he has outright damaged it directly by signing the Military Commissions act and authorizing wiretaps without warrants, among other things. But there is no penalty for violating that oath;

      How can something the consitution a sitting president the authority to do, damage the consitution in itself? I mean that has been Bush's position all along hasn't it? And the wiretapping isn't a consitutional issue. It is a legal issue. The problem with the wiretapping was he wasn't following a law not that he violated a constitutional provision. And outside the "We hate bush so you should too" crowd, No one including the people who took the government to court has claimed it to be a violation of the constitution.

      And there most certantly is a penalty for violating an oath. Removel from office!.

      The oath, of course, is therefore a completely empty act,

      It is as empty as the charges brought against it's violation. If there was actual proof that he was doing something proven to be destructive to the constitution then he would have lost hid position in office. He hasn't just like Clinton didn't even though a large base of people claimed he did (on several occasions).

      As far as citizens go, we didn't write the constitution, we didn't sign it, we had, and have, no input into it, and it really only affects us as far as the government obeys it. Lately, that isn't very much. If they aren't outright violating one portion, they're wantonly misinterpreting another. There have been a couple of signs of change in the right direction in the last week or so

      The second amendment ordeal was done by a court and is a no brainer. I'm wondering why it had to get to an apeals court to be rulled on in this manor. But the democrate legislation designed to give terrorist and enemy combatants the same rights a bank robber has is just stupid. Take your hatred for bush out of the picture and ask your self if this really makes sence? Lets give known terorist and people captured in the field shooting at american soldiers a right that they don't consitutionaly have. Thats right, foreigners don't have constitutional rights unless a law gives it to them. If you thought different then ask your self why it isn't in court right now. Why did democrats vote in favor of it if it is such a consitutional crisis? The answer is because it isn't! plain and simple.

      People like you really piss me off. You make false claims about the consitution only to serve you own benifit. You think the enemy should have more rights then our soldiers who ar being killed by them. Some how you apear to make them the persecuted hero instead of the person protecting your freedoms. And why, well it apeas the only reason be hind it is because you don't like bush! you can see this in the way you presented your previous argument. So your willing to sell out all the men and women putting their life at risk to protect your freedoms just to make a political oponant look bad. ANd i'm not limiting this to just you, it is everyone doing it. Most democrats screw around liek this. They have made Iraq into a vietnam to serve their needs. They are even talking about bargining with terrorist now! It is no wonder that two terrorist camps came out in faver of specific democrats last election. I'm wonder how well the republicans could do if they had Al Qeada on their side too.

      Anhd this isn't about democrat and republican. Forget i even mentioned them. It is about right and wrong. I'm going to sit back and laugh with my gun in my hands when the terrorist start blowing up crowded shopping malls and office buildings because they know it will get someone to listen and get them negotiations. After all, that what catering to the terorist will bring.

      Whats that? No one is listening to me, well might as well blow up a building and kill a bunch of

    79. Re:What are the chances... by hardburlyboogerman · · Score: 1

      None at all,with the current administration.Not a big suprise to me,although the courts have ignored the fact that the Patriot Act was and is unconstitutional from the start.
      Who is with me to go to D.C. and finally start to (physically)kick some political ass? My steel toed mining boots are waiting.So is my shotgun.

      --
      Geek Hillbilly
    80. Re:What are the chances... by Paracelcus · · Score: 1

      Wowee! The Gummermint breaks it's own laws, what a revelation.

      --
      I killed da wabbit -Elmer Fudd
    81. Re:What are the chances... by fyngyrz · · Score: 1

      How can something the consitution a sitting president the authority to do, damage the consitution in itself?

      The military commissions act contains within it wording to imprison any person, including any American citizen, indefinitely and with absolutely no recourse, rights, or notice. This ability is contained within the the phraseology that allows anyone being held awaiting determination of enemy combatant status to be indefinitely held exactly if they were an enemy combatant. That's #1. #2 is that the illegality of wiretapping is based upon telecommunications law, which itself is actually based on constitutional law, constitutional provisions and related legal decisions, specifically starting with amendment 4 of the Bill of Rights.

      The second amendment ordeal was done by a court and is a no brainer. I'm wondering why it had to get to an apeals(sic) court to be rulled(sic) on in this manor(sic).

      Because there is a strong push by those who see the role of the nation and state as that of "we know what is best for you" to try and show the prefatory clause of the 2nd amendment as defining a military limit to the operative clause. The recent court decision did an excellent job of entirely debunking that line of thinking; though reading what the dissenting member had to say will show that even in the direct light of the facts, some people are unable to reason well.

      You make false claims about the consitution(sic) only to serve you(sic) own benifit(sic).

      I made entirely accurate claims with regard to the constitution because many people, like you, aren't paying enough attention and don't know what is going on, or cannot place current events into relevant context.

      Anhd(sic) this isn't about democrat and republican. Forget i(sic) even mentioned them. It is about right and wrong. I'm going to sit back and laugh with my gun in my hands when the terrorist(sic) start blowing up crowded shopping malls and office buildings because they know it will get someone to listen and get them negotiations. After all, that what catering to the terorist will bring.

      No, it's not about the political parties. It is not about "catering" to terrorists, either; we have plenty of very effective laws that allow us to deal with terrorists. What it is about is the wanton erosion of the rights of the innocent citizen under the pretext of "doing something about" terrorism.

      For instance, if the feds wanted to stop the hijacking of airliners for use as missiles, a simple aircraft modification process would have done so: thoroughly armor the cockpit wall, remove the door into the main cabin, remove communications into the cockpit except for two buttons. One to indicate "last command complete" (such as fasten seatbelts) and the other to indicate "medical emergency, please land ASAP." That completely eliminates the ability of terrorists to take over the aircraft, and also creates no interference with travel and no secret lists of "undesirables."

      This kind of solution - one born of clear thinking instead of the drive to control - is available for almost every problem we face; it is the wrong choice, each and every time, to abridge freedom in order to attempt to thwart terrorists.

      No one wants to "cater" to terrorists. But some people disagree over the idea that the rights we have enjoyed are less important than restrictions that might, under very narrow and unlikely circumstances, catch a terrorist. For example, RealID is being pushed as an anti-terrorist measure. However, all of the 9/11 hijackers had valid ID; Many terrorists have no previous record and therefore no metric exists to prevent them from getting a valid ID; Finally, suicide types aren't subject to after-action punitive measures. Therefore, no characteristic of the RealID system can guarantee preventing a terrorist from getting a valid ID; Also, this is

      --
      I've fallen off your lawn, and I can't get up.
    82. Re:What are the chances... by Copid · · Score: 1

      People like you really piss me off. You make false claims about the consitution only to serve you own benifit. You think the enemy should have more rights then our soldiers who ar being killed by them. Some how you apear to make them the persecuted hero instead of the person protecting your freedoms.
      You miss the point of the issue for most people. This isn't about giving terrorists or bad people due process. If we could get the right people all the time, I would be happy to skip the due process and jump straight to the boiling in oil. The problem here is a lack of accountability. Due process isn't just about keeping the government from making mistakes. It's a check against government power. Allowing the government the power to imprison anybody they like without any meaningful oversight is simply a bad idea. They may well have only done this to terrorists (although I *strongly* doubt it), but don't for a minute be naive enough to believe that powers like that will always be used for good.

      If we gave cops the ability to execute offenders in the street with no trial and no witnesses, I bet that it would stop a lot of crime. I would bet that the vast majority of police would never use those powers to do bad things. There isn't a chance in hell that I would ever support that idea, though. When the government doesn't have to justify its behavior, you can bet that some of its members will start doing unjustifiable things. The fewer sharp objects they have when they start to misbehave, the better.

      So your willing to sell out all the men and women putting their life at risk to protect your freedoms just to make a political oponant look bad.
      I would argue that disastrous foreign policy with hardly any meaningful gains to show for it has done a better job of that than any ranting leftist loony like me could ever do.

      ANd i'm not limiting this to just you, it is everyone doing it. Most democrats screw around liek this. They have made Iraq into a vietnam to serve their needs.
      I think that the guerrilla fighters who are chewing up our men and women and our imbecilic leadership managing a meat grinder of their own construction the same way they managed Vietnam is what's turning this conflict into a mini-Vietnam. Starting an optional war in a hostile part of the world, completely botching the occupation, and then trickling ill-equipped soldiers in just quickly enough for them to be maimed and sent back home is a guaranteed recipe for long term failure and pointless bloodbath. I'm no foreign policy expert, but even I can see that. The fact that the Democrats are a bunch of pussies who, by and large, wouldn't stand up and vote against letting Bush throw a firecracker into a fire ant nest is definitely a good reason to lay blame on them, but they're hardly the tactical geniuses who turned the whole operation into a small-scale Vietnam in the desert.
      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
    83. Re:What are the chances... by mpe · · Score: 1

      What this means is that information seized illegally, outside of the bounds of the statute, will not be available to federal prosecutors, not that anyone in the FBI will be prosecuted, because they may not have violated a specific criminal statute in doing so.

      Except for "theft", "burglary", "armed robbery", "vandalism", etc. By the letter of the law a law enforcement officer is no different from a "common criminal".

    84. Re:What are the chances... by mpe · · Score: 1

      Is violation of the Constitution criminal or noncriminal?

      Not really relevent since since the US Constitution is a statment of what the US Federal Government can and can't do as an entity. AFAIK the FBI isn't mentioned anywhere in the US Consitution.
      About the only way it might become relevent is in the context of people in the FBI taking an oath to uphold the US Consitution...

    85. Re:What are the chances... by Lane.exe · · Score: 1

      There's aid out there for people who can't afford attorneys; you've just got to know where to look (legal aid, ACLU, public defender's offices).

      --
      IAALS.
    86. Re:What are the chances... by shaitand · · Score: 1

      Yup, those are the ones who arrange the plea bargin. Maybe you will have some sort of defense as an ACLU poster boy but public defenders will con you into a plea bargin every time.

  2. Imagine that by Anonymous Coward · · Score: 0

    Who would have thought...

    1. Re:Imagine that by SCPRedMage · · Score: 1

      ...that a law that's a blatantly ignores people's rights would be blatantly ignored?

      --
      My sig can beat up your sig.
  3. no surprise there by jacquesm · · Score: 4, Insightful

    I mean, seriously does anybody really feel any surprise at all when reading this ?

    And if so what drug are you on ...

    Law enforcement agencies will abuse any law to get the maximum leverage that they
    can, it does not matter that the laws they use were not originally intended for
    the purpose they are being used for.

    In NL we only recently got the obligation to carry ID, ostensibly to fight heavy
    criminals that would not ID themselves. Of course now you can get arrested a
    lot easier for say being a jogger and having no ID on you.

    And that has already happened to a lot of people, but not to the so called heavy
    criminals.

    if you want to stop this trend I'm afraid it will take a lot more than a vote in
    a ballot box at some point.

    if that is still possible...

    1. Re:no surprise there by stratjakt · · Score: 5, Insightful

      The thing is, people work in agencies, and people have agendas, and people sometimes make mistakes.

      Cops screw up all the time, with the best of intentions. I know an officer who made a traffic stop, and searched the trunk based on an exhaust leak he noticed (they can bypass the right to an unlawful search in cases like these, safety trumps it). Trunk had two kilos of cocaine, perp gets off because the judge decided the search was unlawful.

      A lot of these guys really are out there trying to catch the bad guys, or just trying to get ahead in their careers. We all take shortcuts in our jobs and to reach our goals, and when you're on the street, with a bust so close you can feel it - and the only thing stopping you is what you percieve as "beurocratic red tape", it's easy to slip up.

      I'm not defending them, just offering some more rational explanation other than "da govment is out to get us". It's people that screwed up, in the end.

      --
      I don't need no instructions to know how to rock!!!!
    2. Re:no surprise there by BSAtHome · · Score: 3, Insightful

      Power corrupts; no matter who you give it to.

    3. Re:no surprise there by elrous0 · · Score: 5, Insightful

      I know an officer who made a traffic stop, and searched the trunk based on an exhaust leak he noticed (they can bypass the right to an unlawful search in cases like these, safety trumps it). Trunk had two kilos of cocaine, perp gets off because the judge decided the search was unlawful.

      That's probably because that judge knows a load of bullshit when he hears it. I mean, seriously, he decided to search the trunk because he noticed an exhaust leak?!?! Give me a break.

      -Eric

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    4. Re:no surprise there by DaFallus · · Score: 1

      This article should be tagged "noshit"

      --
      No one cares what your captcha was

      Houston TX, USA
    5. Re:no surprise there by Grinin · · Score: 4, Insightful

      I couldn't agree more...

      All this government has to do is use the word "terrorist" in a sentence and all of your civil liberties are thrown out a window. In fact, by me writing this, I'm sure it has been flagged on some ISP/Government computer somewhere and they will notice its just another user bad mouthing big brother. Its disturbing how we must all sit idly by and watch as all of our rights continue to be diminished... Hopefully something will change and soon.

    6. Re:no surprise there by Rob+the+Bold · · Score: 4, Funny

      That's probably because that judge knows a load of bullshit when he hears it. I mean, seriously, he decided to search the trunk because he noticed an exhaust leak?!?! Give me a break.

      There could've been deadly metal-burrowing acid moles in there. Those devils will dissolve the flesh right offa yer bones. That perp was a lucky S.O.B. that the cop was so observant.

      --
      I am not a crackpot.
    7. Re:no surprise there by drinkypoo · · Score: 4, Insightful

      Cops screw up all the time, with the best of intentions. I know an officer who made a traffic stop, and searched the trunk based on an exhaust leak he noticed (they can bypass the right to an unlawful search in cases like these, safety trumps it). Trunk had two kilos of cocaine, perp gets off because the judge decided the search was unlawful.

      There's nothing in the trunk that has anything to do with an exhaust leak. In addition, you can't actually tell if a car has an exhaust leak until you stop it, unless you go past it with open windows and hear the characteristic sound. The clouds of smoke could come from any number of sources. Once I got pulled over for excessive smoke because I had spilled some oil on my exhaust manifold while adding to my crankcase.

      Thus this is a clear violation of authority, and a clearly illegal search.

      A lot of these guys really are out there trying to catch the bad guys, or just trying to get ahead in their careers. We all take shortcuts in our jobs and to reach our goals, and when you're on the street, with a bust so close you can feel it - and the only thing stopping you is what you percieve as "beurocratic red tape", it's easy to slip up.

      Police have a responsibility to be more, well, responsible than "normal citizens" because they have more power. With power comes responsibility.

      This is why it is simply not acceptable for any cop to ever break any law. Period. I realize that's impossible, and it's why I told the CHP officer who pulled me over and tried to talk me into applying to work for the CHP (after he already had written out my ticket, for something I didn't do, what a fucking asshole) that I felt that the law is simply the arms of a corrupt system that I don't want to be a part of. He'd already written the ticket, so what did I have to lose? And of course I have convictions. And I don't mean legal ones :P

      But regardless, if someone isn't willing to live within the law, they shouldn't be a cop. And we should never let cops off when they do break the law. It's fucking hypocritical.

      I'm not defending them, just offering some more rational explanation other than "da govment is out to get us". It's people that screwed up, in the end.

      you are the government
      you are jurisprudence
      you are the volition
      you are jurisdiction
      and I make a difference too

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    8. Re:no surprise there by Rude+Turnip · · Score: 5, Funny

      "That's probably because that judge knows a load of bullshit when he hears it."

      The judge was probably pissed because his regular delivery didn't arrive :-)

    9. Re:no surprise there by stratjakt · · Score: 1

      No, if you see exhaust coming from anywhere under the vehicle other than the tailpipe, the cop has to check it.

      If it was leaking into the cabin, any occupants would pass out, then die, possibly while doing 70 mph.

      This sort of thing is very common, and cops hand out fix-it tickets probably 10-1 over anything else.

      --
      I don't need no instructions to know how to rock!!!!
    10. Re:no surprise there by operagost · · Score: 1

      In NL we only recently got the obligation to carry ID
      Where is "NL"? The Netherlands?
      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    11. Re:no surprise there by Gat0r30y · · Score: 1

      I was totally shocked... that the Inspector General actually audited.

      --
      Prediction: The real iPhone killer is going to be sex robots from Japan. Think about it.
    12. Re:no surprise there by Moofie · · Score: 1

      "and people sometimes make mistakes."

      Difference is, as a private citizen, I can be punished for my mistakes. As a law enforcement officer, they get promoted.

      --
      Why yes, I AM a rocket scientist!
    13. Re:no surprise there by jacquesm · · Score: 1

      yes, sorry, I could have been more clear there.

      it's called 'legitimatieplicht'...

      http://www.tctubantia.nl/binnenland/article433268. ece
      http://www.pzc.nl/zeeland/algemeen/article794651.e ce

      in case you read dutch...

    14. Re:no surprise there by geekoid · · Score: 3, Insightful

      I'd rather let someone with 2 kilo's of cocain get away then give up my right to be free of random searchs.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    15. Re:no surprise there by veganboyjosh · · Score: 1

      fix it tickets are one thing. checking the trunk is another. does he have a right to check my trunk if i have no rear view mirrors?

    16. Re:no surprise there by Rob+the+Bold · · Score: 4, Insightful
      I've noticed that. And by "that", I mean whenever a cop stops you, it's always because something he saw "forced" him to pull you over due to the serious risk to your safety. "I pulled you over 'cause I noticed at that corner back there that your front wheels were pointed a different direction than your back wheels. I gotta check that out, 'cause that's a serious safety issue. If that was to happen at 70 mph, your vehicle could spin out of control. Mind if I check your tire beads in the trunk?"

      But did you know that if your hand is bigger than your face, you've got cancer?

      --
      I am not a crackpot.
    17. Re:no surprise there by terrymr · · Score: 1

      There's no logical progression from "I think there's an exhaust leak" to "I need to search the trunk". The exhaust system is on the outside of the car.

      If we allow the evidence gained from an illegal search made with good intentions - we have to allow the evidence from illegal searches made with bad intentions too. What good is it having laws against illegal searches if the fruits of an illegal search can still be used against you ?

    18. Re:no surprise there by PitaBred · · Score: 1

      Hell, it's not like they're gonna return the cocaine. The guy's probably already got a bullet with his name on it for losing that much. That's not a trivial amount of coke ;)

    19. Re:no surprise there by Anonymous Coward · · Score: 0

      >We all take shortcuts in our jobs and to reach our goals

      Not all of us have police powers. MY shortcut risks me having to redo some lines of computer codes. POLICE shortcuts risk innocent people going to jail or (worse) dying.

      See the difference?

    20. Re:no surprise there by Derosian · · Score: 1

      Again, in Criminal Justice classes they teach you, backup fellow officers before upholding the law.

    21. Re:no surprise there by Anonymous Coward · · Score: 0

      "cops hand out fix-it tickets probably 10-1 over anything else"

      I'd like to see the source of that statistic (assuming it's not your ass).

    22. Re:no surprise there by fahrbot-bot · · Score: 1
      Trunk had two kilos of cocaine, perp gets off because the judge decided the search was unlawful.

      Not to be too rah-rah, but I bet the cocaine was still confiscated, so while the "perp" was released, the drugs are still off the street...

      --
      It must have been something you assimilated. . . .
    23. Re:no surprise there by Master+of+Transhuman · · Score: 2, Insightful

      "just trying to get ahead in their careers"

      Exactly.

      These FUCKS were do ANYTHING no matter HOW illegal it is to "get ahead in their careers."

      And YOU don't see anything wrong with that?

      What police department do YOU work for?

      I knew an inmate at Leavenworth who was working on appealing his case. He was convicted on the basis of a search warrant which was served off-premises of the address the warrant was for, which was "issued" based on the cop's report of a "drug sale" which never happened, and on "lab results" of the drugs involved in said non-existent sale which the lab later denied ever having seen, and the warrant itself had a "judge's signature" that exactly matched the handwriting of the police officer involved.

      Yeah, "it's people that screwed up", all right.

      No. These guys are NOT "out there trying to catch bad guys". They ARE "bad guys" who go into law enforcement because it allows them to BE "bad guys" while convincing suckers like you that they are the "good guys."

      There may be a handful of morons who go into law enforcement with the expectations you suggest. They learn quickly that that's not how the operation works, and if they want to get along, they go along.

      I had an uncle in Bristol, Connecticut, who was a cop. He got fired for having knowledge of a burglary ring operating within the police department and not turning in the cops involved.

      Take a look at the photos of the goons involved in that New York case where they shoved a broom handle up a guy's ass. If you've never seen SS Nazi goons before, that should solve your problem.

      Go read up on the LA cops in that "nut squad" who ran around shooting unarmed "perps" and manufacturing evidence and lord knows what all else.

      Don't bother dragging out that BULLSHIT about "a few bad apples" either. The barrel is rotten to the core and always has been, in every country in history.

      "Insightful", my ass...

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
    24. Re:no surprise there by Anonymous Coward · · Score: 0

      In NL we only recently got the obligation to carry ID ...
      It all depends on your personal preferences. Over here in the AL we have the designated hitter.
    25. Re:no surprise there by cheezedawg · · Score: 2, Informative

      All this government has to do is use the word "terrorist" in a sentence and all of your civil liberties are thrown out a window.
      I have no idea how you could reach that conclusion based on this story- it proves the exact opposite! Law enforcement was trying to overstep their authority in the name of anti-terrorism, but the oversight in place caught on and the FBI got nailed.

      This is exactly how our system is supposed to work. This is good news.
      --
      "The defense of freedom requires the advance of freedom" - George W Bush
    26. Re:no surprise there by mobby_6kl · · Score: 1

      >... I bet the cocaine was still confiscated ...the drugs are still off the street

      ORLY? What do you think they do with the drugs after posing with them for the press photo?

    27. Re:no surprise there by mobby_6kl · · Score: 1

      Sure, but in the Netherlands you can get an ID with a photo of you dressed up as Joker!

    28. Re:no surprise there by udoschuermann · · Score: 2, Insightful

      The real trouble is that the Patriot Act wasn't written with the possibility in mind that it might be abused. The executive branch will abuse what power it is given so this is really a failure of the legislative branch (our law-givers, the senate), which makes our dear Senators' protestations nothing short of an exercise in hypocrisy.

      The best thing that can come of this is that our senators grow a collective set of balls, realize that Patriot Act makes a mockery of our professed idea of freedom, and pull in the reigns on this heinous piece of legislation. /well, I can dream, can't I? //hey look, men in dark glasses at my door

      --
      --Udo.
    29. Re:no surprise there by KoshClassic · · Score: 0
      Law enforcement was trying to overstep their authority in the name of anti-terrorism, but the oversight in place caught on and the FBI got nailed.


      I beg to differ. If you read the article, part of the oversight that was put in place was that reports about these statistics were to be made to congress. I imagine that the purpose of that provision of the law was put in place so that when it came time to review and renew the law, members of Congress could actually make an informed decision, instead of one based again on misrepresented intelli...,er, uh, statistics.

      --
      Understanding is a three edged sword. - Ambassador Kosh Naranek, Babylon 5
    30. Re:no surprise there by sgt_doom · · Score: 1
      Oh for God's sake, stratjakt, read a book! Or follow some sort of current events: civil service (government workers) are hired by the Office of Personnel Management - and who performs the background checks required by those personnel at OPM? USIS - a Carlyle Group-owned private security firm (you may have heard their name when they were under investigation by one Lt.Col. Westhusing, who, just several days prior to turning in an investigative report on USIS's Iraq activities, died from an apparent suicide. How very convenient!).

      Who performs the background checks necessary to be hired by the Transporation Security Administration and other government agencies? Why, it's that Blackwater USA gang (you know, owned by that neocon uber fundamentalist and Bush supporter, Eric Prince). And what were those eight US Attorneys involved in when recently sacked and replaced by the Bushies? Why they were investigating corruption within the Bush administration.

      No, stratjakt, the Bushies aren't out to get us....they are out to gut us.....

    31. Re:no surprise there by jc42 · · Score: 0

      Law enforcement was trying to overstep their authority in the name of anti-terrorism, but the oversight in place caught on and the FBI got nailed.

      This is exactly how our system is supposed to work. This is good news.


      It can only be considered to work if the perps are punished for their actions.

      It's more likely that a few "tsk, tsk" words will be spoken, and the issue will be quietly tabled. The incident will become a topic in various histories, but will otherwise have no impact.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    32. Re:no surprise there by jZnat · · Score: 1

      Sell it to CEOs of course! Oh, and the **AA lawyers.

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    33. Re:no surprise there by zCyl · · Score: 1

      In NL we only recently got the obligation to carry ID, ostensibly to fight heavy criminals that would not ID themselves.

      Call me crazy, but isn't it a lot simpler to just arrest people committing or suspected of committing these heavy crimes, and then ID them later (and even if you can't ID them, they're still arrested), and not even approach people who are doing nothing more than jogging?
    34. Re:no surprise there by Anonymous Coward · · Score: 0

      I find your first sentence absurd, and heres why.

      You state people have agendas, and people sometimes make mistakes. What you are failing to connect is that these people you speak of, are actively making CONSCIOUS DECISIONS!!! Anyway you cut it up, these people are 'AGENTS' of the Government. Take that however you will... Getting back on track, 'people having agendas' means forethought, planning, intended procedure, etc.... Then you imply the same people doing that aforementioned, are making mistakes in doing so and along the way. That tells me, these 'people' DO NOT KNOW WHAT THE F*CK THEY ARE DOING TO BEGIN WITH!

      Not to come off as having totally written off Law Enforcement, I have the following refreshing story:

      I'm in a band, which practices at our house. We generally don't play much past 9pm, as the neighbors complain. Well, during practice break, a few of the chaps decide to go outside and spark up the bong on the patio. Appropriately 'high', they leave the bong on the patio table, and we proceed to go back to practice. We lose track of time, and we then get a call on my roommates cell phone. ITS THE COPS, stating they are outside the front door. So a few of them go outside (I didn't as I was furthest away from room door. So they go outside. Cop states they got a call about NOISE, from one of the neighbors, and although he(cop) thought we sounded pretty good musically, we should try and not take it to late. After that, he motioned to my roommates that he wanted to show them something else. Walking over to the patio, he pointed out that you "SHOULDN"T LEAVE YOUR FUCKING BONG OUTSIDE". He stated this gave him reasonable cause to search the house, but stated "There was really no point, as you all are just going to go buy more anyways". Lesson was learned and the cop left without incident, arrest, or ticket. As we live in a college town, THIS particular Law Enforcement officer, used his better judgement(IMO) and saw the situation for what it was. College kids doing NO HARM, having some fun.

      Probably the coolest incident with a cop I will ever run across. Situations like that give me a little hope for Law Enforcement in general. Then again, reading about what the FBI is doing, identified only after an audit, squashes ALL that in a heartbeat.

      Lesson for today: Know your rights. Be aware of the situation. Know what your government is willing to do against one of its own citizens.

    35. Re:no surprise there by indiechild · · Score: 1

      They do? Do you have any citations for that? Not being antagonistic here, just curious as to how they could pull something like this off since it would be pretty blatantly unethical.

    36. Re:no surprise there by Viceroy+Potatohead · · Score: 1

      We all take shortcuts in our jobs and to reach our goals, and when you're on the street, with a bust so close you can feel it - and the only thing stopping you is what you percieve as "beurocratic red tape", it's easy to slip up.
      Nope, we don't all do that. I don't, and I've met many other people who don't, either. We trust cops with power unavailable to the rest of us, and we should hold them to at least as high of a standard as those who behave with integrity. If they betray that trust, no excuses suffice, they've made a mistake which should (universally) end their career, and (possibly) result in draconian criminal punishment.

      Sure. a lot of them are trying to catch bad guys, or whatever, but plenty of them are not, and in either case, abusing that power is a greater threat to our personal liberty than Willie Horton or Usama Bin Ladin could ever be. It's easy to look at it as just another job, but it isn't. It's the front line where freedom's are fought for.

      I might have a skewed view on this, I suppose, since I've been on the wrong side of police malfeasance a few times.
    37. Re:no surprise there by iminplaya · · Score: 1

      Don't try to offer a "rational" explanation, because there isn't any. People do what they can get away with. It's perfectly natural, but it's not rational. It implies something a little less than human, and that's something we haven't to come to terms with yet.

      --
      What?
    38. Re:no surprise there by Derosian · · Score: 1

      Well, ask any officer. Ask him if he notices a fellow officer going over the speed limit does he give him a ticket? In most cases, a Police Officer will not be fined or ticketed for most things. Now murder and other areas, are serious matter and you are supposed to act accordingly. It am not sure it is meant to be ethical, in fact I don't rightly understand it, but it is also the reason I changed my major.

    39. Re:no surprise there by Anonymous Coward · · Score: 0

      So, why are some high school dropouts allowed to invalidate the constitution, just to make their jobs easier?

      I mean, fuck. It would be a lot easier if instead of having to catch a criminal in the act, you just club him with a flashlight and sprinkle crack dust on him and charge him for that. He's a criminal, but gathering solid evidence is a bitch! Punishment is punishment, and that guy deserves some.

      Or, we could just skip everything and have the cops drop them off right at prison. All this judge, jury and trial crap just gets in the way.

      I'm not comfortable shrugging this off as "accidents". The same people who protect and uphold the law are the same people who view it as their enemy.

    40. Re:no surprise there by mpe · · Score: 1

      That's probably because that judge knows a load of bullshit when he hears it. I mean, seriously, he decided to search the trunk because he noticed an exhaust leak?!?! Give me a break.

      Probably to check that there were no holes which could allow exhaust fumes to enter. Being poisoned by exhaust fumes makes the driver a danger to themselves and other road users.

    41. Re:no surprise there by mpe · · Score: 1

      No, if you see exhaust coming from anywhere under the vehicle other than the tailpipe, the cop has to check it.
      If it was leaking into the cabin, any occupants would pass out, then die, possibly while doing 70 mph.
      This sort of thing is very common, and cops hand out fix-it tickets probably 10-1 over anything else.


      If fumes were actually entering the vehicle hopefully the cop would call an ambulance for the occupants and a tow truck for the car rather than just writing a ticket though.

    42. Re:no surprise there by mpe · · Score: 1

      All this government has to do is use the word "terrorist" in a sentence and all of your civil liberties are thrown out a window.

      Even if this might be reasonable with people who actually acted like terrorists this isn't the case. The term is applied purely politically. Not only are a lot of people incorrectly labled as "terrorists" quite a few who should be are not. Thus even with the "war on terror" going on we have people being caught enguaged in terrorist acts not being prosecuted under anti-terrorism laws. So far only the Canadians appear to have realised...

    43. Re:no surprise there by mpe · · Score: 1

      The real trouble is that the Patriot Act wasn't written with the possibility in mind that it might be abused.

      This is hardly a problem with just that piece of legislation.

      The best thing that can come of this is that our senators grow a collective set of balls, realize that Patriot Act makes a mockery of our professed idea of freedom, and pull in the reigns on this heinous piece of legislation.

      Actually it's more along the lines of "realise that any piece of legislation is likely to be abused by anyone who thinks they can get away with it". Thus they should "do their job" which includes carefully reading every bill and thinking how it could be abused. Including insisting that any part which they don't understand is either removed or reworded.

    44. Re:no surprise there by mpe · · Score: 1

      Call me crazy, but isn't it a lot simpler to just arrest people committing or suspected of committing these heavy crimes, and then ID them later (and even if you can't ID them, they're still arrested),

      Assuming it is the job of the police to prevent and investigate crimes.

      and not even approach people who are doing nothing more than jogging?

      If the police have been given quotas for arrests it's probably a good idea for joggers to check they are carrying their IDs at the end of the month...

    45. Re:no surprise there by Slashdot+Parent · · Score: 1

      searched the trunk based on an exhaust leak he noticed
      Last I checked, a car is supposed to emit exhaust.

      Good thing the judge wasn't fooled like you were.
      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
  4. oblig by mastershake_phd · · Score: 1

    The Constitution was not made to protect criminals but to prevent the Government from becoming criminals.

    1. Re:oblig by Anonymous Coward · · Score: 2, Interesting

      The Constitution was not made to protect criminals but to prevent the Government from becoming criminals.

      That's so wrong I'm not even sure it's not sarcasm. I think what you meant was:

      The constitution was not intended to allow ordinary people to do bad things to each other without fear of consequences but to prevent people holding positions of power in the government from doing bad things to ordinary people.

      In case you're still not understanding, remember that it is the people who hold power in the government (a.k.a. "the Government") who ultimately determine who is and who is not a "criminal".

    2. Re:oblig by k1e0x · · Score: 3, Insightful


      It was created to restrain the terrible power of government from abusing the sovereign rights of the people.

      Government is the worst invention of man. It has created the most terrible acts of all history and has only one tool at its command.. that is force. If you try to say no to a government you will eventually be fined, if you don't like the fines, you will be put in a cage, and if you try to resist the men that come to put you in one you will be killed. Your rights are not granted to you by any such government. They exist outside of government, so a piece of paper can not fully define what rights you have. (The Constitution itself even says that)

      *WE* do not control government anymore. We are the governed. We don't limit it anymore.. we just roll over on our rights, and its entirely run away.. but that's ok because since the people of the country understand so little of what freedom and liberty mean.. anything else they could come up with now would be WORSE. (can you imagine if congress had to re-write the bill of rights now??)

      If the people fail to understand that government must be limited.. it matters very little what pieces of paper we have or who controls what office.

      --
      Bringing liberty to the masses. - http://freetalklive.com/
    3. Re:oblig by Metasquares · · Score: 2, Insightful

      We never controlled it from the beginning. The fundamental assumption of a republic is that the representatives will represent the rights of the populace - something that is no longer happening (I hope).

      A direct democracy probably does not work well either, as it is easy to sway the masses (though I would prefer the tyranny of the majority to the tyranny of 100 people any day), but at least the issues, rather than the representatives, would receive attention.

      The optimal solution that does not require a radical change (which would likely entail a revolution) is probably a hybrid of the two. Abolishing the party system and requiring voters to write a sentence or two explaining their rationale for their decision (even if unread) would probably cause an immediate improvement with comparatively little effort.

    4. Re:oblig by k1e0x · · Score: 1

      Yeah, we never did control it. Generally in our system the people inflenunce the government to some degree. (I dont believe *that* is true anymore however.. I think they tell "soundbite america" what to believe in the news.)

      I think the best system is... where as I dont think our model is a bad one.. very very little government (or no government) is a better option.

      --
      Bringing liberty to the masses. - http://freetalklive.com/
    5. Re:oblig by paulthomas · · Score: 1

      Sorry. replying to remove my moderation. I do not like this automatic ajax moderation system. Everything else about the new comment system is just dandy. This is the second time this has happened to me. You got a "troll" instead of an "insightful." This should fix it.

  5. choices, choices... by User+956 · · Score: 0, Redundant

    Audit Finds FBI Abused Patriot Act

    So did they snort it, or smoke it?

    --
    The theory of relativity doesn't work right in Arkansas.
    1. Re:choices, choices... by stupidsocialscientis · · Score: 1

      perhaps they spanked it too hard.

      --
      Well, as far as Sig's go, Freud was a doozy.
    2. Re:choices, choices... by Llywelyn · · Score: 1

      I think that's the question to ask about the constitution...

      --
      Integrate Keynote and LaTeX
  6. And this is news because... by arthurpaliden · · Score: 1

    And this is news because...Just what did the framers of this law think would happen. You give people tools they will use them regardless of the intended purpose.

  7. Surprised? Anyone? Bueller? Bueller? by ||Deech|| · · Score: 3, Insightful



    Funny. I seem to recall a lot of screaming about the possibility for abuse and I distinctly recall being told to shut the fuck up, we can *trust* them to do the right thing.

    pfft.

    --
    Run. I like water. Push My rutabaga.
  8. Accountable? by whoever57 · · Score: 4, Insightful

    "I am to be held accountable," Mueller said. He told reporters he would correct the problems and did not plan to resign.
    In what way is he to be held accountable? He expects to keep his job, presumably also pay, pension, benefits, etc. Where is the accountability?
    --
    The real "Libtards" are the Libertarians!
    1. Re:Accountable? by idontgno · · Score: 1

      Where is the accountability?

      Well... ummm...

      He expects to keep his job, presumably also pay, pension, benefits, etc.

      It take accounting to keep track of all that money. So clearly, at least that part of his professional existence continues to be accountable.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    2. Re:Accountable? by Captain+Sarcastic · · Score: 2, Insightful

      Welcome to the new phenomenon of the Twenty-First Century: Accountability Light!

      Only half the consequences of old-fashioned accountability!

      Look at the advantages: Less embarassment! More job security! Freedom to make critical mistakes without having to pay for them!

      (Only available for cabinet-level Federal employees)

      --
      Strike while the irony is hot! -- The Freethinker
    3. Re:Accountable? by seanadams.com · · Score: 1

      In what way is he to be held accountable?

      It's an interesting comment.

      "I am to be held accountable". Suppose he is not fired, and furthermore, our criminal justice system fails to hold him accountable through some appropriate punishment such as a life sentence... it seems then that by Mueller's own comment, the onus must ultimately fall on us, the citizens, to hold him accountable somehow. I have to applaud the man for at least having the conscience to demand punishment for something so unforgivable.

    4. Re:Accountable? by Kawolski · · Score: 3, Funny

      In what way is he to be held accountable? He expects to keep his job, presumably also pay, pension, benefits, etc. Where is the accountability? He's going to have one sore wrist tomorrow. He might even get slapped twice!
    5. Re:Accountable? by amRadioHed · · Score: 2, Interesting

      I guess it's kinda like the way Rumsfeld took responsibility for the prisoner abuse in Abu Ghraib.

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
    6. Re:Accountable? by walt-sjc · · Score: 1

      I'm all for giving people a second chance to redeem themselves, and everyone makes mistakes, but our civil liberties are at stake here. I would rather see him and everyone else involved go.

    7. Re:Accountable? by purify0583 · · Score: 1

      I dont know if Mueller is truely responsible. The Patriot Act was a knee jerk law put together in response to 9/11 and seemingly granted broad powers to law enforcement with vague language. After all, Mueller is not the one who drafted, voted, or signed the Patriot Act. The parts of the law in question are still mostly open to interpertation, and there is no legal precedent for the stuff in question. Notice the language of the article. The FBI "misused" the law, they never say the FBI did something "illegal", becuase the matter of it being illegal or not depends on who you ask. Those truely responsible are the ones who couldnt take the time to figure out wtf they were voting on or signing (Mr. Bush and the Republican Congress, we are looking at you).

      So the FBI abused the law, but really its their job to bring justice to the fullest extent of the law. The problem is the Patriot Act extended these borders yet failed to define them. So really who is responsible? IMO the people who made the law vague and abusable are the ones who truely deserve the blame in this case.

    8. Re:Accountable? by Anonymous Coward · · Score: 1, Funny

      In what way is he to be held accountable?
      He has to go to rehab.
    9. Re:Accountable? by honkycat · · Score: 1

      (Mr. Bush and the Republican Congress, we are looking at you).
      Hey, I like to hate the Republicans as much as any slashdotter, but let's be fair. Everyone in the Senate except Russ Feingold and Mary Landrieu voted in favor of it -- and only Feingold voted against it. This one was actually a bipartisan clusterfuck.
    10. Re:Accountable? by u8i9o0 · · Score: 1

      Welcome to the new phenomenon of the Twenty-First Century: Accountability Light!
      I can think of an example from the Twentieth Century.
      --
      This is not my sig
    11. Re:Accountable? by Anonymous Coward · · Score: 0

      He'll be held accountable by the same standard as in recent US history...barely at all.

      Seriously, after Iran-Contra (which resulted in one person resigning, one being fired and charges against both eventually dropped), I'm not expecting much.

  9. Surprised? by PorkNutz · · Score: 1
    Is anyone really surprised by this?

    We've been hearing about these kinda things since days after it went into effect. Why has it taken 5 years for our elected leaders to take action?

    1. Re:Surprised? by Rob+the+Bold · · Score: 1

      We've been hearing about these kinda things since days after it went into effect. Why has it taken 5 years for our elected leaders to take action?

      Something tells me that even now, our elected leaders will do nothing about this. I've repeatedly bitched to my elected representatives about this, only to get the same crap back about "gotta give the president the tools to do his job" line. Sure seems like he's a pretty poor workman. I've given up on trying to convince those right-wing nutjobs to be less right-wing nutjobby.

      --
      I am not a crackpot.
    2. Re:Surprised? by Anonymous Coward · · Score: 0

      Because it has taken that long to get a Democratic majority elected.

  10. I know I'm not the only one to think.... by RedShoeRider · · Score: 1
    .....water is wet. The sky is blue. The FBI abused a law.

    What's next? Libarachi was gay? Say it ain't so!

    --

    Chris Knight is my hero.

  11. ha-HA! by YouTookMyStapler · · Score: 2

    They needed an audit to find this out? It seemed readily apparent from the beginning that not only the FBI, but the entire government was "misusing" the Patriot Act.

  12. And yesterday Captain America was shot to death. by CyberLord+Seven · · Score: 3, Interesting
    Seems fitting.

    I guess, maybe we can't trust those in power.

    Welcome back, Tricky Dick!

    --
    We have always been at war with Eurasia!
  13. it's just a goddamn piece of paper by User+956 · · Score: 1

    The Constitution was not made to protect criminals but to prevent the Government from becoming criminals.

    Yeah, but if you just change your reading of the Constitution, then you can do whatever you want! It's just a goddamn piece of paper, right?

    --
    The theory of relativity doesn't work right in Arkansas.
  14. SHOCKED by Anonymous Coward · · Score: 0

    Wow, government abusing more powers given by its dumbass citizens. YA FUCKIN THINK!

  15. We are shocked! Shocked! by Jaywalk · · Score: 4, Insightful

    "There is no excuse for the mistakes that have been made, and we are going to make things right as quickly as possible," the attorney general said.
    And this time, we mean it!
    --
    ===== Murphy's Law is recursive. =====
  16. Precursor by ShorePiper82 · · Score: 1

    These audits don't normally come to light over a popular issue. The patriot act had been declining in popularity (and consequently usefulness as an excuse to gather information). Is this perhaps a foreboding of things to come? Maybe public sentiment sent waves through federal government and the yield is a federal audit that culminates into the patriot act being revoked? One hand washes another, no arrests are made, no harm no foul. Could it be that some FBI agents will act as a scapegoat and the federal government leverages this unauthorized use as their good deed for the quarter to instill trust in the populace once more?

    1. Re:Precursor by ShorePiper82 · · Score: 1

      knew I should have previewed... --> s/foreboding/foretelling

  17. Liberace by Anonymous Coward · · Score: 0

    At least show the man some repect by spelling it right

    http://www.liberace.org/

    1. Re:Liberace by drinkypoo · · Score: 0, Offtopic

      At least show the man some repect by spelling it right

      I'm sorry, what? Show the man some respect? Why, because he was gay, or because he owned more sequins than broadway?

      I don't think that someone whose singing (and come to think of it, wardrobe) is best described as a cross between Tom Jones and Frank N. Furter is particularly worthy of my respect, thankyouverymuch.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  18. Never mind "abusing the Patriot Act"... by Caspian · · Score: 2, Insightful

    The act ITSELF was an abuse.

    --
    With spending like this, exactly what are "conservatives" conserving?
  19. Ha Ha stupid Americans by Anonymous Coward · · Score: 2, Funny

    As a citizen of the People's Republic of China, let me be the first to say this is just another example of what a hoax America's so-called "free democracy" is. What has it gotten you? Constatn surveillance by your own government, a ballooning national debt, an endless, unwinnable war in the middle east, and the withering contempt of all other nations of the world.

    I'd bet my Party membership that any randomly chosen citzen of the PRC is happier, healthier, and more truly free than an citizen of the USA. You people are going to be sorry you didn't switch to Communism when you had the chance.

    And now it's too late. At least you have NASCAR, ha ha.

    1. Re:Ha Ha stupid Americans by Anonymous Coward · · Score: 2, Funny

      Run over & crushed any student protesters with tanks lately?

    2. Re:Ha Ha stupid Americans by Anonymous Coward · · Score: 1, Insightful

      First, your government censors free trade of information, such as the obvious Tienamen square censorship. That in mind, from what I've learned through interaction with my Chinese coworkers, yes, the Chinese people are happy. They also feel like cogs in a giant machine doing their jobs. This isn't a bad thing. In fact, this kind of reinforcement probably feels good for most people. I, however, would feel entirely stifled and depressed, again, from what I've learned through my Chinese coworkers.

      Therefore, you have your happiness, and that's a good thing. I'll take my happiness in my not-so-perfect-either government and say that's a good thing, too.

    3. Re:Ha Ha stupid Americans by Anonymous Coward · · Score: 0

      Two words for you, Mister Kettle, who is calling the Pot black: Kent State.

    4. Re:Ha Ha stupid Americans by Anonymous Coward · · Score: 0

      Odd, I don't seem to remember stating I was in the US (I'm not). Regardless, I don't recall tanks being deployed at Kent State and running people down. Additionally there is a slight difference between nervous National Guard troops shooting into a crowd, killing 4, and Top Peoples Army troops/armor killing anywhere from 200 to 3000 people depending on if you take the governments figure, or that of the Chinese Red Cross.

      Both acts were wrong and despicable, but what seems like the graver stifling of free speech?

    5. Re:Ha Ha stupid Americans by operagost · · Score: 1

      ha ha
      You misspelled "han han."
      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    6. Re:Ha Ha stupid Americans by Proofof.+Chaos · · Score: 1

      Remember, they have a lot more people. 4 Americans are worth about 3000 Chinese.

  20. Our Freedoms? by Kozar_The_Malignant · · Score: 4, Interesting

    According to GW Bush, "They hate our freedoms." I guess he figures if we get rid of our freedoms, they'll quit hating us. Nothing else makes much sense.

    --
    Some mornings it's hardly worth chewing through the restraints to get out of bed.
    1. Re:Our Freedoms? by superbus1929 · · Score: 1
      If the terrorists hated our freedoms, then the Netherlands would be fucking DUST! As would Denmark, and Sweden, and Switzerland and Canada and every country that's truly freer than we are, but... I don't think Osama Bin Laden sent those planes sent those planes to attack us because he hated our freedom, I think he sent them because of our support for Israel and our ties to the Saudi family and all our military bases in Saudi Arabia. You know why I think that? Because THAT'S WHAT HE FUCKING SAID! - David Cross

      It's funny because it's true.

      --
      Let's stop dilly-dallying and just change "-1: Overrated" to "-1: Disagree" or "-1: Doesn't Subscribe to Groupthink".
    2. Re:Our Freedoms? by StarkRG · · Score: 1

      Of course, my response to that is "No, most people just hate you..."

    3. Re:Our Freedoms? by Rob+the+Bold · · Score: 1

      Of course, my response to that is "No, most people just hate you..."

      Whew. For a minute there, I thought it was because of my sneakers.

      --
      I am not a crackpot.
    4. Re:Our Freedoms? by Das+Modell · · Score: 1

      They'd stop hating you if you converted yourself into an Islamic state, so in a way it's true that if you get rid of your freedoms, they'll stop hating you.

    5. Re:Our Freedoms? by Das+Modell · · Score: 1

      If the terrorists hated our freedoms, then the Netherlands would be fucking DUST! As would Denmark, and Sweden, and Switzerland and Canada and every country that's truly freer than we are, but...

      It's debatable if those countries are more free than the US, but the perception is that the US represents freedom and the West in general. Jihadists are making advances in the Netherlands, Denmark, Sweden and Canada, and have been doing so for years. What they're doing in those countries isn't as high profile as a terrorist strike, but much more dangerous (there was that failed terrorist plan in Canada though).

      I think he sent them because of our support for Israel and our ties to the Saudi family and all our military bases in Saudi Arabia. You know why I think that? Because THAT'S WHAT HE FUCKING SAID! - David Cross

      That's part of the reason but also a pretext to justify the attack. The idea that Jihadists attack the US because they hate its freedom is true in a sense. It's every Muslim's duty* to convert, subjugate or kill infidels, and they certainly don't like our "decadent" culture where we have things like gender equality and sexual freedom.

      * no, this does not mean that everyone's doing it.
    6. Re:Our Freedoms? by Rob+the+Bold · · Score: 1

      Jihadists are making advances in the Netherlands, Denmark, Sweden and Canada, and have been doing so for years. What they're doing in those countries isn't as high profile as a terrorist strike, but much more dangerous

      That's kind of short on specifics and long on hysteria. What, exactly, are your accusing these "jihadists" of doing in these countries?

      --
      I am not a crackpot.
    7. Re:Our Freedoms? by jacquesm · · Score: 1

      well, they're trying some stuff (say the cell in the hague) but even if it is very serious
      it is dealt with in the only way that makes sense, through the police and the courts.

      The military has nothing to do with.

      Take a terrorist serious and he's already won...

      think about that for a moment. Without all this media hype these jokers wouldn't stand a
      chance. And the media just *love* it, great ratings, all that breaking news.

    8. Re:Our Freedoms? by Das+Modell · · Score: 1

      They form Muslim-only ghettoes where they typically try to enforce sharia law as much as they can. I've even read reports of religious police in Sweden, making sure that everyone follows Islamic values. I'm sure they exist elsewhere too. Muslim youths also commit a staggerinly disproportionate amount of crimes, especially rapes (which are not much of an issue in Islamic societies, see Pakistan for example).

      Then there are of course the usual threats and demands (special treatment, special priviledges, "religious tolerance" etc.), with occasional terrorist strikes (London, Madrid and some failed strikes elsewhere) and assassinations (Theo van Gogh). In simple terms, their eventual goal is the Islamization of the society they live in, and they will accomplish this through threats, political manipulation, violence and demographic majority.

      This is all documented in exhausting detail on sites related to the subject.

    9. Re:Our Freedoms? by sgt_doom · · Score: 1
      According to GW Bush, "They hate our freedoms."

      Naaah....what they really hate is the idea that some 'tard from Crawf*ck, Texas, who spends his time doing photo ops clearing brush from his "ranch" in 100-degree heat while never apparently breaking out in a sweat is now, somehow, president of the USA and Fox "News" --- but as long as they (the Busheviks) keep paying them (Bush family friend, Osama et al.) to perform terrorit acts and continue to grow opium, all is well with them.....

  21. This is what happens when you ignore human nature by StewedSquirrel · · Score: 5, Insightful

    The simple fact is that human nature tends to cause us to use power whenever we can. This is the reason that there are checks and balances in our government. Some smart guys realized a few hundred years ago, that a position with unchecked power will eventually be abused by a person seeking personal gain.

    This is a fact.

    This is a truth of humanity.

    Laws such as the patriot act, which remove checks and balances and allow individuals or small groups of like-minded individuals to act unilaterally in a way that is damaging to the rights of other citizens is a gross violation of this principle and is evidence to a loss of touch with what our government is put in place to do.

    While protecting the people is a primary goal of a government, protecting the people must weigh protections both on the freedom and liberty of people against the PHYSICAL protection of people.

    Unfortunately, our society is so sheltered from physical trauma, we have grown risk-averse in a disturbing way.

    A few hundred years ago, when most people did not reach 60, and 1/4 of children died before adolescence, we had a realistic view of how important liberty is in our society. People dealt with death and destruction, as it was part of nature. Liberty, however, was not a constant and had to be protected at all costs.

    Today, people take liberty for granted and so fear death and destruction that they will throw away their liberty for temporary saftey.

    This is the trap which our founding fathers warned us against. They saw its power and also its danger.

    We need to open our eyes to that truth as well.

    Stew

    --
    There are 10 kinds of people in the world. Those who understand binary and those who don't.
  22. Re:And yesterday Captain America was shot to death by dr_dank · · Score: 4, Insightful

    Welcome back, Tricky Dick!

    The tactics (and some of the players) never really left, they've only refined the techniques and the spin to explain it away to an apathetic public. At least Nixon stepped down when he was caught with his hand in the cookie jar.

    --
    Where does the school board find them and why do they keep sending them to ME?
  23. Subject change. by k1e0x · · Score: 1

    The Patriot Act *itself* is abuse of power.

    --
    Bringing liberty to the masses. - http://freetalklive.com/
  24. In other news by Anonymous Coward · · Score: 0

    Law enforcement oversteps legal boundaries. News at 11.

    1. Re:In other news by maxume · · Score: 1

      Cops hardly ever give speeding tickets to anybody.

      --
      Nerd rage is the funniest rage.
    2. Re:In other news by The+Great+Pretender · · Score: 1

      I must be somebody then

      --
      A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort.
    3. Re:In other news by maxume · · Score: 1

      In hundreds of hours of speeding, I have exactly one ticket. I qualify that as 'hardly ever'.

      --
      Nerd rage is the funniest rage.
  25. Re:This is what happens when you ignore human natu by GigsVT · · Score: 1

    I agree, but not with your theory about what caused it. The people granting the government more and more power is directly attributable to people that have socialist leanings.

    --
    I've had enough abrasive sigs. Kittens are cute and fuzzy.
  26. Dealing with stuff like this...... by 8127972 · · Score: 1

    .... should be just like using Vista:

    "Your rights guaranteed by the constitution are about to be violated. Cancel or allow?"

    --
    This is my opinion. To make sure you don't steal it, it's covered by the DMCA.
    1. Re:Dealing with stuff like this...... by Shadyman · · Score: 1

      You are coming to a sad realization. Cancel or allow?

  27. Serves us right by GodfatherofSoul · · Score: 3, Insightful

    LOL how often have we heard conservatives sniping at people who object to the expansive, unchecked powers of the Patriot Acts? Now do you understand what "nation of laws not a nation of men" means? This is why you don't give the government totalitarian powers (even if it's your party) and turn your back expecting them not to be abused. Let the March of the Frogs begin!

    --
    I swear to God...I swear to God! That is NOT how you treat your human!
    1. Re:Serves us right by Qzukk · · Score: 1

      Now do you understand what "nation of laws not a nation of men" means?

      Are you trying to say it doesn't mean you're supposed to pardon the men who broke the law?

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
  28. So, Sweden by apexcp · · Score: 4, Interesting

    So all the people who regularly point out how much "better" a society Sweden is than the US, either have to: - entirely backtrack - agree that domestic surveillance really ISN'T that big a deal - just be hypocrites. (grabs some popcorn) OK, let's start discussing!

    1. Re:So, Sweden by Rob+the+Bold · · Score: 3, Insightful

      So all the people who regularly point out how much "better" a society Sweden is than the US, either have to: - entirely backtrack - agree that domestic surveillance really ISN'T that big a deal - just be hypocrites. (grabs some popcorn) OK, let's start discussing!

      Methinks we'd all be better off if we could support each other's efforts to restore freedom in our homelands, rather than sniping back and forth about how much worse off the other is.

      --
      I am not a crackpot.
    2. Re:So, Sweden by apexcp · · Score: 1

      well, yeah that's the joke :) that exact message was posted in the thread about Swedish spying. Just pointing out how ridiculous it is.

    3. Re:So, Sweden by Anonymous Coward · · Score: 0

      Where have I seen this comment before? Oh, right.

  29. In other news by Weaselmancer · · Score: 1

    cops hardly ever give speeding tickets to other cops.

    --
    Weaselmancer
    rediculous.
  30. Surprised? by v1 · · Score: 1, Redundant

    I mean really, this is the FBI. Is anyone really surprised by this? It's against their moral code to play by the rules.

    --
    I work for the Department of Redundancy Department.
  31. Re:And yesterday Captain America was shot to death by CyberLord+Seven · · Score: 5, Interesting

    Ain't that the truth. I was surprised to learn earlier this week that Rumsfield and Cheney were both in the Nixon Whitehouse.

    --
    We have always been at war with Eurasia!
  32. Pardon Me... by coastin · · Score: 1

    Attorney General Alberto Gonzales, who oversees the FBI, described the problems cited in the report as unacceptable and left open the possibility of criminal charges. He ordered further investigation.

    "Once we get that information, we'll be in a better position to assess what kinds of steps should be taken," Gonzales told reporters following a speech to privacy officials.


    Looks like Scooter will not be alone in line for a pardon from the Prez!

    --
    I lost my sig...
  33. Paperwork by subl33t · · Score: 1

    Justice Department audit of the FBI - 126 pages
    Microsoft submission for an 'open' document format - 6000 pages

    Let's have the Justice Department audit Microsoft.

    1. Re:Paperwork by PhxBlue · · Score: 1

      Let's have the Justice Department audit Microsoft.

      We tried that, but we got stuck with Bush before they could finish the audit, and it all went to pot.

      --
      !#@%*)anks for hanging up the phone, dear.
    2. Re:Paperwork by Teun · · Score: 1

      Hehe, exactly my thoughts when I saw that '126 pages'!

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
  34. Re:This is what happens when you ignore human natu by Erioll · · Score: 1

    I agree, but not with your theory about what caused it. The people granting the government more and more power is directly attributable to people that have socialist leanings. No, I'd rather say it has a correlation to people no longer being able to defend themselves. Yes I'm talking about Gun Control, but even beyond that. If somebody breaks into your home, they have less fear of you than you do of them (in most places) since if you hurt them getting them off your property, you're likely to spend time in prison, and them as less likely.

    The whole thing is whacked, but the end result is that if people need protection, and they are FORBIDDEN from protecting themselves, then the power either goes to government (who will botch the job) or criminals will become even more powerful. Guns only give power when the criminals are the only ones that have them. What do you think the incidence of street crime would be if you had a 90%+ chance of being shot if you tried something?

    Exactly.
  35. Government agency abuses power by nsayer · · Score: 0, Redundant

    film at 11.

  36. Re:This is what happens when you ignore human natu by StewedSquirrel · · Score: 3, Insightful

    I both agree and disagree.

    I think that people with FEDERALIST leanings are more to blame. Isolated pockets of socialism are not damaging when they are confined. At that point, it becomes a choice, rather than an obligation. For example, if California decided they wanted welfare, excelelnt. It is the nationwide push for such things that cause problems.

    Our country was designed (and was most efficiently operated) as a loosely coupled federation of states. The federal control extended to ALMOST nothing, except where it concerned one state accepting the laws of other states and where it concerned international trade, commerce, war and diplomacy.

    In this structure, if California becomes corrupt with power, you are free to move to Oregon. Presumably, there would develop a certain state of homeostasis between locations as like minded individuals move together and learn to inter operate with other groups of unlike minded people.

    On the far other extreme end from your socialist comment lies a society of laissez-faire corporate oligarchy, not seen since the "oil baron" days of entire cities, owned, policed and supervised by corporate regulations and institutions, where corporations oppress citizens in exactly the same way, from exactly the opposite direction.

    Surely there is a balance in the middle?

    Regardless, the balance must be approached seperately by a number of smaller state governments, rather than centrally by a bureaucratic federal dictatorship.

    Stew

    --
    There are 10 kinds of people in the world. Those who understand binary and those who don't.
  37. If I may quote Iago, from Disney's Aladdin: by Rimbo · · Score: 1

    I am so not surprised from that. I think I'm going to have a heart attack and die from lack of surprise.

  38. Nope. Constitution is a debt charter. Is Criminal. by NRAdude · · Score: 0

    Foremost, to become a criminal there must be a contract in place that provides for someone to commit or perform an unlawful act, the benefit therefrom, the acceptance and agreement thereto both parties to the contract, and the Consideration given.

    The FBI abusing the Patriot Act is like proving the Mafia is abusing Brass Knuckles. The Patriot Act is unlawful to begin with. It is in the Admiralty Venue to accomadate the misplaced Trust to their administration or ministry. Next we'll see from the front page of Slashdot is how the Department of Agriculture and the US ARMY abused Anthrax on Plum Island; it's not lawful from the verry inception. Abuse and Patriot Act in the same sentance is, need I say, redundant. Believe me, I know; I'm a Network Redundancy Administrator!

    --
    without prejudice
  39. Moral of the story by isotope23 · · Score: 3, Insightful

    The Moral is:

    Never give the government a power that you would not feel comfortable in having your worst enemy exercise.
    (Because someday they will)

    --
    Service guarantees Citizenship! Questions Guarantee GITMO.... Amerika Uber Alles!
    1. Re:Moral of the story by Anonymous Coward · · Score: 2, Insightful

      Never give the government a power that you would not feel comfortable in having your worst enemy exercise.

      I take you're a fan of nuclear disarmament - because I sure wouldn't want my worst enemy sitting on a stockpile of nuclear weapons.

      The way I see it, as a citizen you try fill the positions of power in government with good people who will do their best to act in the best interest of the people generally. But, you also set up enough oversight that you can tell when the people in positions of power are not acting in the best interest of the people generally so that you can replace them with good people.

    2. Re:Moral of the story by Anonymous Coward · · Score: 0

      I take you're a fan of nuclear disarmament - because I sure wouldn't want my worst enemy sitting on a stockpile of nuclear weapons.
      Sorry, France already has nukes.
  40. Lord have mercy, you've just figured that out? by Anonymous Coward · · Score: 1, Insightful

    They've been in the Bush '43 administration for over six years and you're just now learning enough about them to realize that they were also in the Nixon administration?

    I hope you're not a US citizen of voting age. If you are, it's having a voting public dominated by people like you that is the cause of a good portion of our problems.

  41. Re:We are shocked! Shocked! by Ariastis · · Score: 1


    Jack : Bill? This is Jack!

    Bill : Yes Jack, what can I do for you?

    Jack : Bill, you'll have to go under the radar for this one. Nobody must know about this? I need you to use the CTU database to find a login/password for www.parisexposed.com.

    Bill : Jack, this is illegal! We dont have a warrant!

    Jack : Bill, I need you, this is our only lead!

  42. The insurgency is REALLY in its last throes. by 140Mandak262Jamuna · · Score: 4, Insightful
    Dick Cheney seems to be absolutely right. The insurgency seems to be in its last throes. Only difference is it is not the insurgency in Iraq fueled by the blind racistic xenophobia of Iraqis, shias or sunnis.

    The insurgency that is dying is the one that began 230 odd years ago, against a distant King in England, by a ragtag group of people who believed in liberty. What kind of country we have now, if our citizenry can be so scared by the loss of couple of skyscrapers and surrender the freedoms so quickly?

    The insurgency led by Geroge Washington and Thomas Jefferson and the other Founding Fathers is really in its last throes.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
  43. This isnt important by JackMeyhoff · · Score: 1

    what is important is how they act on this audit.

    --
    http://www.rense.com/general79/wdx1.htm
    1. Re:This isnt important by ks*nut · · Score: 2, Insightful

      I'll tell you how they'll act on this audit. They will rely on the vast majority of Americans letting this slip below their radar screens and it will simply go away. The person in the street doesn't realize how many of our personal freedoms were flushed down the toilet in the days following the events of 9/11. Hell, the U.S. Congress was in a perfect position to shoot the Patriot Act down in flames and rewarded Bush and Cheney with a means of squandering the brilliant works of men like Jefferson and Franklin. I can't even stand to hear the President or Vice President speak any more - they are the most morally bankrupt leaders on this planet.

    2. Re:This isnt important by JackMeyhoff · · Score: 1

      The sad thing is, these are the same people that call the people that are speaking out patriots. These are the same people that have no clue in Geography either. These are the same people that go around claiming to be patriots yet when the crunch comes, they scurry away into the shadows behind their sofas. And every country America occupies, opium production seems to INCREASE, you bet the administration is as corrupt as hell. They are in it for their own gain and profiting. They are profiting in so many ways from America's ignorance and stupidity.

      --
      http://www.rense.com/general79/wdx1.htm
  44. socialists don't have a monopoly on statism by Anonymous Coward · · Score: 0

    The present surge in non-liberal ideas is not being driven by socialist tendencies but by the statist tendencies latent in good old fashion conservatism. Recall that in the early modern era that the autocrats that were being overthrown weren't socialists so much as hereditary monarchs. While it is true that some forms (maybe even most forms) of socialism tends towards statism that doesn't mean that every tendency towards statism originates in socialism.

  45. Re:And yesterday Captain America was shot to death by operagost · · Score: 0

    You must have gone to a great high school! By the way, no one puts much stock in guilt by association anymore or else both Bill and Hillary Clinton would be in jail right now.

    --

    Gamingmuseum.com: Give your 3D accelerator a rest.
  46. Re:This is what happens when you ignore human natu by Moofie · · Score: 1

    "is directly attributable to people that have authoritarian leanings" Fixed that for ya.

    --
    Why yes, I AM a rocket scientist!
  47. Re:And yesterday Captain America was shot to death by Anonymous Coward · · Score: 0

    Nixon, Reagan, and both Bushes. Just take a look at the history of anybody in the current administration. 90% of them had a part in one of these previous administrations too. It's gotten to the point where it doesn't matter if the President has term limits. They can keep cycling in the same people at other levels of the executive branch and bypass this little limit on power.

    Oh, and of course Democrats would do that too, but this bunch has the gall to keep bringing in people that should have been banned from the executive branch many times over.

  48. a prime example... by blakmac · · Score: 1

    of using intellegence to disprove intellegence. way to go.

    --
    http://wstewart.php0h.com - the sugarbuzz project blog
  49. Hmmm by FinnMcGee · · Score: 1

    Wasn`t that the reason behind the patriot act anyway?

  50. Shocked! by boyfaceddog · · Score: 1

    Surprised? Nah, not really.
    These people took the power our congress gave to them and abused it. Maybe it was on purpose and maybe it was by accident. We'll never know.

    Is the FBI a "good" organization or a "Bad" organization? Neither. The FBI is persuing its organizational goals which are to gather information about people. The fact that the information it gathers and the tactics it uses fall on one side or another of an arbitrary line defining "good" or "bad" changes nothing.

    The fact is that gathering ANY information on ANY person in ANY way is inherently abusive.

    --
    Here will be an old abusing of God's patience and the king's English.
    1. Re:Shocked! by dbIII · · Score: 1

      Is the FBI a "good" organization or a "Bad" organization?

      They are the Federal intelligence agency that doesn't torture people to death and in nearly all cases actually follows due process. What would be unacceptable behaviour a decade ago is now considered the best there is.

  51. Re:This is what happens when you ignore human natu by StewedSquirrel · · Score: 2, Insightful

    The concept of individual weapon ownership may have been a deterrent to both criminals and governments, from the times of the Greeks through World War 1.

    Since World War 1, it is no longer a deterrent to governments.

    As has been shown in overseas wars, a small detachment of a dozen or so trained marines with modern weapons can mow down several thousand citizens. This is not utilizing things such as cruise missles, air strikes, battleships, or even more feared weapons like tactical nukes, napalm, bio and chemical, etc.

    The simple fact is that no matter HOW MANY guns and knives a person might have in their home, the government can destroy them from outer space, with no manpower, no risk and no fear. This nullifies the deterrent of weapons far more than any "gun control" does.

    Stew

    --
    There are 10 kinds of people in the world. Those who understand binary and those who don't.
  52. Re:This is what happens when you ignore human natu by Beryllium+Sphere(tm) · · Score: 1

    >and so fear death and destruction that they will throw away their liberty for temporary saftey.

    To put it this way is to fall into the rhetorical trap laid by the cynical power seekers. A statement like that one reinforces the idea that we're safer as a result of ignoring the Constitution.

    The extra powers, for the stated purposes, are both unnecessary and useless. Unnecessary, because the FBI could have rolled up the 9/11 cells under pre-9/11 law (see the Colleen Rowley memo). Useless, as we see in practise. What real terrorist, as opposed to absurd wannabes, has been caught using the new powers created by USAPATRIOT?

    We are not trading freedom for safety. We are giving it away for free.

  53. Re:And yesterday Captain America was shot to death by geekoid · · Score: 2, Insightful

    "By the way, no one puts much stock in guilt by association anymore or else both Bill and Hillary Clinton would be in jail right now."

    For?

    before answering, bear in mind that all charges brought against them were investigated very heavly by republicans looking to get them. Nothing was found.

    So, are you just completly ignorant, a FUD spreading turd? or do you bring new information to the table(always welcome)?

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  54. guilt by association by Anonymous Coward · · Score: 0

    Much, if not the majority, of the US populace puts a large amount of stock in the notion of guilt by association. This is why the US Constitution prohibits it.

  55. This can't be true! by N3wsByt3 · · Score: 1

    Government agencies misusing the powers they are given? Who would have thought such a thing possible!?

    --
    --- "To pee or not to pee, that is the question." ---
  56. Re:This is what happens when you ignore human natu by 0x0000 · · Score: 1

    Confederation: While distinct from a unitary state, a federation is also to be distinguished from a confederation. By connotation, a confederation is similar in structure to a federation but with a weaker central government. A confederation may also consist of states that, while temporarily pooling sovereignty in certain areas, are considered entirely sovereign and retain the right of secession. -Federalism as a Political Philosophy

    See also: Confederation vs Federation

    The US Federal Government became an increasingly centralized concentration of power - a very choice plum, ripe for the picking by the neo-con ["fascist": I.E. "National Socialist"] regime that seized power in 2000 and instituted what has since become the Dubya Regime.

    Did anyone expect that the so-called USA PATRIOT Act would not be abused by the FBI? If so, who? And when? The reason the Act itself is an abuse is very simply that it was designed and implemented specifically so it could be abused - the fairy tales told on Faux News notwithstanding. Does anyone not see that?

    The real question is (imo): What about all those agencies that haven't been auditted yet? Remember, this obscenity of an Act of Congress (the USA PATRIOT Act) was mandated for use across the spectrum - from Federal to state and local levels.

    --
    "The Internet is made of cats."
  57. Define abuse...? by raehl · · Score: 4, Interesting

    Not all abuse is the same, and we should be clear here as to what the FBI actually did and didn't do. A good analogy here is that an FBI agent using their service firearm to unjustly shoot and kill a civilian is different from FBI agents failing to keep track of which agents have which guns and make sure they return them when they leave the agency. One case you expect criminal prosecution and the other case you'd expect some administrative action.

    Same here. No one is alleging that the FBI used these Patriot Act powers outside of their intended purpose. What the FBI didn't do, that they should have, was properly account for the letters they did use, specifically, properly count the number used, and properly follow up with the recipients of the letters.

    So yes, if FBI agents were using this power to get information that the law was not designed for them to get, then I'd expect criminal prosecution. But, as it appears is the case, the FBI just didn't properly ACCOUNT for the letters they did use, an administrative penalty seems perfectly sufficient to address the problem.

    That all, of course, is separate from the issue of whether this law should exist at all (it shouldn't).

    1. Re:Define abuse...? by Score+Whore · · Score: 2, Interesting

      What should be worrying you is not which FBI agents are improperly access information, but rather which private investigators are pretending to be FBI agents and submitting national security letters to get information for use in civil proceedings. With a paragraph attached informing the bank, telco, whatever that discussing the letter will result in jail or significant fines. Nobody is even aware that these things are being passed around. The FBI doesn't hear because the banks aren't talking, as required by the law.

    2. Re:Define abuse...? by unity · · Score: 1

      That's freaking brilliant, obvious and easy to pull off! Now I am wondering how often that IS happening.

    3. Re:Define abuse...? by Dun+Malg · · Score: 1

      Unlikely to be happening much, if at all. Pretending to be the FBI will not only instantly lose you your state PI certification, but also land you in federal prison. There's just not enough money in civil case investigation to make ANY time in federal prison worthwhile.

      --
      If a job's not worth doing, it's not worth doing right.
    4. Re:Define abuse...? by lynx_user_abroad · · Score: 1

      ...FBI agents failing to keep track of which agents have which guns and make sure they return them when they leave the agency.

      Certainly the abuses coming to light today are in-line with the abuses critics predicted when the program was first announced. But consider; if the critics could predict it, why not the supporters?

      You're thinking along the lines of agents were supposed to keep records, but they didn't always. Big deal. Agents we're supposed to never use the info for personal or political gain, and those restrictions were not always adhered to, big deal.

      What if we thought along the line of We'll tell agents to keep records, but you know they won't always do so. We'll tell agents to never use the info for personal or political gain, but you know they won't always care, or even know, whether they stand to gain personally or not. Then, once the infrastructure is in place, it becomes trivial to utilize these not supposed to exist back doors to get whatever we need. If word gets out, the perp has plenty of ...just following orders, Sir... cover, and we can immediately blame all the problems on the implementation while backpedaling away from the design at full speed.

      So perhaps a more apt example might be one like "Yes Sir, I forgot to record that we issued that gun to former agent Bates, and I also forgot to ensure he returned the said weapon when he resigned his position in order to spend more time with his soon to be ex-wife, but I had no way of knowing he was planning to shoot her. By the way, how did you trace that gun back to him? I could have sworn I also wrote down the serial number wrong..."

      What the FBI didn't do, that they should have, was properly account for the letters they did use, specifically, properly count the number used, and properly follow up with the recipients of the letters.

      If they didn't properly count the numbers, how do we know how many "recipients" they were obligated to "follow up with", let alone whether they followed-up properly? And perhaps you'd explain your theory of how one properly "follows-up" on an illegal release of information? I'm sure the MPAA would be interested in any technology you might have which could "properly follow up" an illegally distributed pre-release movie back into it's proper genie bottle.

      Completely hypothetical, of course, but if it turned-out that some of the personal information released related to John Kerry's 2004 election bid; information which could reasonably have made the difference between his election or Bush's, how would you propose to rectify such a situation?

      --

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

    5. Re:Define abuse...? by Dun+Malg · · Score: 1

      What should be worrying you is ... which private investigators are pretending to be FBI agents and submitting national security letters to get information for use in civil proceedings. Ummm....none? PI's have their own interesting and "unofficial" ways of "checking closets for skeletons" that don't put them in danger of losing their state PI licensing. Plenty of smaller, less interesting, more mundane entities with access to that stuff that wouldn't ring anyone's "OMG the FEDS!" bell. Really, only a big, screaming idiot sends anything out on FBI letterhead like that. There are just so many more things you can pretend to be that are as effective, but don't land you in pound-me-in-the-ass federal prison as reliably and quickly as impersonating a federal agent. The second a [bank/ISP/etc] notices it doesn't look like the last such letter they got from the feds and calls the real FBI for clarification, the idiot PI is done. FBI don't fuck around when someone pretends to be them. They nail them...hard.
      --
      If a job's not worth doing, it's not worth doing right.
    6. Re:Define abuse...? by mabhatter654 · · Score: 1
      the difference between improper and illegal is the whole slippery slope thing. We only KNOW that 4 were actually illegal. That's 4 incidents that made it through layers and layers of bureaucrats to an auditor. How many of the "improper" ones were really illegal? The whole argument of "improper" is that we filed the paperwork late, busted the guy anyway but he's really bad. "it's just paperwork". how do we KNOW the evidence wasn't planted and the "late" paperwork fixed to look like a mistake? Quick, how do you tell? Take their word for it... try telling that to the IRS if you don't file their tax paperwork correctly!

      My company went through those wonderful SOX prep and audits recently.. the whole point of the thing is to document you do the work CORRECTLY and on time. Then you show a pattern of on time, proper paperwork if a financial mistake happens, it's just that, a mistake. IF a SOX auditor for business were to look at these results, they'd find the FBI at large complicit in willfully breaking the law because they show a pattern of paperwork, etc not in order. Do the paperwork properly and SHOW us your following the law!!!!

  58. Re:Nope. Constitution is a debt charter. Is Crimin by k1e0x · · Score: 1

    Well said.

    The patriot act, is not constitutional, therefore is not and can never be legal. If the government is breaking the laws it becomes a criminal orgination much like the mob itself. It has no basis for its athority and rules most people out of fear just like the mob.. Part of the problem the people have getting rid of it might be.. people often try to change government with government.

    Actually it could also be said "..to become a criminal one must *perform* an unlawful act. (emphasis on arresting people for actual crimes they commit vs. arresting people for crimes they *might* commit) The Patriot Act is more about stoping crimes before they happen.. and thats also a problem.

    --
    Bringing liberty to the masses. - http://freetalklive.com/
  59. Re:This is what happens when you ignore human natu by naoursla · · Score: 1

    I think that is spelled FEUDALIST.

  60. Wait a minute, aren't we missing something here? by baboo_jackal · · Score: 0, Troll

    I understand that we all mistrust the government and its agents here. Question Authority (but not mine), and Stick it to the Man (but I'm not him) - right?

    So somebody please explain to me who was harmed by these FBI "crimes." I would love to hear one actual, real concrete example of one person whose fundamental, inalienable rights were violated by this.

    I'm waiting.

    (and I probably will be for a while.)

  61. Duh by Anonymous Coward · · Score: 0

    In other news, the sky is still blue. More at 6.

  62. Danger! Red Herring! by raehl · · Score: 2, Insightful

    Funny. I seem to recall a lot of screaming about the possibility for abuse and I distinctly recall being told to shut the fuck up, we can *trust* them to do the right thing.

    The problem with this whole discussion is that it's about the FBI failing to keep track of how many letters they issued.

    So now the government is saying "We'll keep better track of how many letters we issue, problem solved!"

    NO! PROBLEM NOT SOLVED!

    The *REAL* problem is that the government can compel release of private information WITHOUT A WARRANT! All this fiasco does is let the government substitute 'not counting the number of letters' for the REAL problem of 'being able to issue letters' and then pretend that since they've solved problem #1 that there is no problem at all.

  63. Premature panic? by Applekid · · Score: 1

    The audit blames agent error and shoddy record-keeping for the bulk of the problems and did not find any indication of criminal misconduct

    So, the audit showed they abused the Patriot Act in a way that impacts the citizenry... how, exactly?

    Don't get me wrong. I'm sure there have been, are, and will be abuses: such is human nature. But will an audit REALLY (I mean, REALLY) catch it? I think not. If you're going to rely on audits by the government on the government to catch government abuse resulting in any punishment than someone rubbing their fingers together with "shame-shame" language, you really ought to rethink it.

    If you were waiting until seeing an article like this to know that the Patriot Act is ripe for abuses and cause for alarm, I guess that's a positive thing. But your feelers should have been out about this sort of thing for a while now.

    --
    More Twoson than Cupertino
  64. Re:This is what happens when you ignore human natu by terrymr · · Score: 1

    OMG The urban legend that won't die.

    Show me a case where somebody was defending themselves against a burgler and went to prison. Unless it was plainly silly like the burglar was shot in the back while running away two blocks from where the break in happened.

  65. Who's Watching the Watchers? by Awksjaw · · Score: 1

    Due to the Enron fallout, Congress passes the kneejerk reaction Sarbanes Oxley law to require publicly traded companies to perform audits every year dumping $++ down the drain to have auditors with CPA backgrounds to come in and review technical systems. In the event that companies dont comply, management is held personally/finacially liable for the actions and/or mistatements that occur.

    Are we going to have to have a fully collapsed wing of the government collapse before they realize that someone needs to hold them accountable for what they do? Is this the first audit/review that has occured of the FBI? The PCAOB, the ones that set the Auditing Standards for public companies, should re-evaluate their standards, practice what they preach and audit each one of the government agencies. Then, the government agency management should be held personally and financially liable.

    Also, from a project design/management standpoint where is the 'plan do check act' cycle here? http://en.wikipedia.org/wiki/PDCA

    1. Re:Who's Watching the Watchers? by dbIII · · Score: 1

      Are we going to have to have a fully collapsed wing of the government collapse before they realize that someone needs to hold them accountable for what they do?

      Ask Rice about extraordinary rendition on her watch. These people can never be accountable or they would go to jail to serve very long terms - so they will not allow it. To make things worse the lack of accountability has trickled down to people near the lowest rungs of Homeland Security let alone the intelligence agencies.

      The USA has the fantasy where a bunch of power spooks tried to take out a President - in France it actually happened when some uncontrolled spooks came home from Algeria and decided to attempt to kill the President. These people have to be accountable or they really do go mad with power - paticularly those that have spent a lot of time torturing authority figures even if it is in other countries.

  66. As if this is news. by Grendel+Drago · · Score: 4, Interesting
    As by meringuoid said more than a year ago:

    A helpful guideline: Whenever a controversial law is proposed, and its supporters, when confronted with an egregious abuse it would permit, use a phrase along the lines of 'Perhaps in theory, but the law would never be applied in that way' - they're lying. They intend to use the law that way as early and as often as possible.
    --
    Laws do not persuade just because they threaten. --Seneca
    1. Re:As if this is news. by KoshClassic · · Score: 1

      Mod parent up please. I would but have already posted in this thread.

      --
      Understanding is a three edged sword. - Ambassador Kosh Naranek, Babylon 5
  67. Re:Wait a minute, aren't we missing something here by Rob+the+Bold · · Score: 4, Insightful

    So somebody please explain to me who was harmed by these FBI "crimes." I would love to hear one actual, real concrete example of one person whose fundamental, inalienable rights were violated by this.

    I'm waiting.

    (and I probably will be for a while.)

    Since the first rule of National Security Letters is not to talk about National Security Letters, then ya, it will be a good while till you hear an actual example.

    Or did you mean that surveillance, eavesdropping, searching and financial snooping aren't violations of fundamental, inalienable rights? If that's the case, I won't argue. If we can't agree on what's fundamental, there's nothing really to discuss. BTW, can I have your SSN?

    --
    I am not a crackpot.
  68. Congress asked for audits by Anonymous Coward · · Score: 0

    and put clauses in the Patriot Act reauthorization requiring that Congress receive audit information about the FBI's use of the Act.

    But Bush appended a signing statement to the reauthorization of the Patriot Act stating he "did not feel obliged to obey requirements that he inform Congress about how the FBI was using the act's expanded police powers." http://en.wikinews.org/wiki/Bush_declares_immunity _from_Patriot_Act_oversight/

  69. Why is anyone surprised? by Anonymous Coward · · Score: 0, Flamebait

    The fact is, and remains, no terrorist has ever been arrested because of the powers granted by the Patriot act. However, many tax evaders, drug dealers and even the wayward Democratic members of the Texas legislature have been tracked down/apprehended using the powers granted in the Patriot act.

    This is not legislation for the capture of terrorists! This is legislation for the abuse of citizens of the USA.

    Fuck 'em! Just fuck 'em!

  70. Really? by DimGeo · · Score: 1

    I suppose most people will start clapping their hands singing "I told y#($%#$%@![NO CARRIER]

  71. Re:And yesterday Captain America was shot to death by Peter+Trepan · · Score: 4, Funny

    Don't drag Cheney into this. Yes, he was hunting again, but he was hundreds of miles away when Captain America was shot.

    --

    Step into a huge movement. Don't Tread In Me.

  72. The government itself says that abuses happened by Anonymous Coward · · Score: 3, Informative

    The spokesperson of the Justice department has conceded that abuses have occurred. He categorized them as being ``small in number'' and asserted that ``it appears'' that no harm was done to either individual persons or corporations.

    So your analogy isn't very apt; it's more like a police bureau not only not tracking the issuing of bureau firearms to officers but saying that it didn't keep track and in a large number of situations they have been fired in situations that did not warrant that extent of force but that situations where intent was malicious were small in number and that it doesn't look like any innocent bystanders were hit.

    Read the government's own report on the matter. The incidents categorized as ``improper'' fit the analogy you brought up. These are incidents where the appropriate paper work simply wasn't done or was done incorrectly. But there are also incidents categorized as ``illegal.'' These are incidents where the FBI retrieved email, phone records, or financial information in an illegal fashion. The report lists four incidents of this type. This says to me that any FBI agent presently has the ability to get almost any information he or she desires. I'd feel a lot more comfortable if the report had detailed disciplinary actions taken against the agents responsible for these abuses.

    But of more concern to me are the nineteen incidents where the recipient of the letter responded with information outside the scope of the letter that was (in most cases) illegal for the recipients to furnish without a court order. It isn't just the FBI at fault here, it's also the telecoms, ISPs and credit bureaus who are abusing their positions of power.

  73. Re:This is what happens when you ignore human natu by Das+Modell · · Score: 1

    I remember a story on Boing Boing where a guy shot an intruder in his home. Turned out later that the intruder was a plainclothes police officer who did not announce his identity or intentions. I think he was facing a lenghty prison sentence but I don't know what eventually happened.

    I'm also pretty sure that here in Finland it's definitely illegal to shoot an intruder unless you can demonstrate that you had no choice and were in mortal danger.

  74. SHOCKER! by nightsweat · · Score: 1

    What are the chances that a government agency would ever overstep its bounds. No seriously, what are the chances? 100%? 110%?

    --

    the major advances in civilization are processes which all but wreck the societies in which they occur - A.N. White
  75. 100% by Anonymous Coward · · Score: 0

    Maybe not now, but sooner or later they will be.

    Be absolutely confident, 100%, no doubt.

  76. What are the chances that anyone is surprised? by Kazoo+the+Clown · · Score: 1

    I mean, like DUH-- power always gets abused. That is why the founders of the US tried to mitigate it via separation of powers. That is why it is so important to limit the use of such things carefully, and not just buy off on pleas to "we're all in danger, trust us".

    And today the abuse may may be inadvertent, but if nobody says anything tomorrow they'll remember they got away with it yesterday and use it intentionally...

  77. "Abused" seems kinda extreme by NokX · · Score: 0

    but - it's the perfect word to get the anti-patriot act people worked up for sure. there's abuses in EVERYTHING, EVERYWHERE. does that mean the whole thing is wrong and needs to be canceled? there's abuses in how abortions are performed and that's regarding a human life, not just a phone call. but you don't hear people getting as worked up over it.

  78. Re:This is what happens when you ignore human natu by Peter+Trepan · · Score: 1

    Our country was designed (and was most efficiently operated) as a loosely coupled federation of states[...]rather than centrally by a bureaucratic federal dictatorship.

    As a resident of Alabama with practical reasons keeping me from moving, let me be the first to welcome our bureaucratic federal overlords.

    --

    Step into a huge movement. Don't Tread In Me.

  79. Pay Attention by Anonymous Coward · · Score: 0

    The problems identified by the IG are problems of process in terms of recordkeeping and reporting, which are administrative. The process in terms of operation and use of the information was not found to be problematic. The IG found no deliberate or intentional misuse of authority, and there were no infringements on privacy rights or civil liberties. Even though recordkeeping and reporting was inadequate, actual use of information was appropriate.

  80. Re:This is what happens when you ignore human natu by (H)elix1 · · Score: 1

    The concept of individual weapon ownership may have been a deterrent to both criminals and governments, from the times of the Greeks through World War 1.

    Since World War 1, it is no longer a deterrent to governments.

    As has been shown in overseas wars, a small detachment of a dozen or so trained marines with modern weapons can mow down several thousand citizens. This is not utilizing things such as cruise missiles, air strikes, battleships, or even more feared weapons like tactical nukes, napalm, bio and chemical, etc.

    The simple fact is that no matter HOW MANY guns and knives a person might have in their home, the government can destroy them from outer space, with no manpower, no risk and no fear. This nullifies the deterrent of weapons far more than any "gun control" does.


    Yes and no.

    Against a traditional battle scenario, tech/training/tactics can be crushing. The problem the US faces in Iraq today is the loosely organized militia units. Sure, we have superior technology and weapons. Even have kit that helps identify snipers. But... The hand made booby traps, the sniping, the hit and run tactics - all of these things make it damn hard to take advantage of those superior equipment/training. This was true 200 years ago when we successfully rebelled against the Brits as it is today. Do you remember what two people did sniping with a common gopher gun (semi auto .223)? Now imagine pockets of the population with an AK or equivalent taking potshots. Terror will not win a war, but it sure as heck would make make a bad situation get uglier. It looks like the existing government structure in Iraq may get toppled over before they even get going. Guess what I'm saying is individual weapon ownership can be a very destabilizing element, was recognized as such, and deemed a reasonable deterrent from keeping the government from going into deep weeds with it's citizens. The government would be in real trouble, however, before something like this would come into play. I don't think America is even close to that sort of scenario but if you look at other countries where things are open riots, warlords, and things generally in chaos it may matter.

    So anyhow, I agree that small arms are not a deterrent to a stable government. Something like the Middle East, I'm less sure I agree with you.

  81. Re:This is what happens when you ignore human natu by terrymr · · Score: 1

    Now those cases do make me mad. If somebody kicks in your front door and yells (or doesn't) "POLICE!" how the heck are you supposed to know if they're telling the truth before it's to late to do anything about it. It's not like you can ask to see their badge.

  82. Republican Monarchy? by dbIII · · Score: 0, Offtopic

    As someone from outside the USA who recently witnessed a visit by Cheney I could tell the spirit of your constitution is being ignored - you elect your monarchs but it was still a visit by an unaccountable prince who expected to be treated with more pomp than our own royalty at every step. We even had to change our gun laws for his visit - ironic considering his recent history with firearms. Whoever comes after George III from whichever party has a lot of cleaning up to do, paticularly with situations like unaccountable spooks.

  83. Now what? by Anonymous Coward · · Score: 0

    So, will they be contacting the individuals whose privacy was wrongfully invaded, or will they more likely sit on that information and shake fingers at the Mueller saying "don't do that again!"? What will they do now?

  84. Re:And yesterday Captain America was shot to death by smellsofbikes · · Score: 1

    A lot of political commentators have made the case that what many people see as an enormous increase of power in the executive branch, was very specifically a result of people from the Nixon Administration, when serious curbs were put on the power of the Presidency, trying to reverse those curbs and restore the office back to its previous power.

    To put this another way: they *liked* what Nixon was doing, and want Dubya to be able to do the same thing.
    It's always good to be the dictator's friend, especially if you're responsible for the dictator having more power.

    --
    Nostalgia's not what it used to be.
  85. WTF? How? by sumdumass · · Score: 1

    How can you have the illegal use of something without having "any indication of criminal misconduct."

    I mean it was either illegaly used or it wasn't. You won't hear a DA saying "we found evidence that suspect illegaly used the gun when the person was shot but we don't have "any indication of criminal misconduct." It was either illegal or not.

    Unless this is just about paperwork here and the headlines and all are meant to cause a rucus. I just don't see how an illegal act isn't ciminal. Someone please explain this to me!

  86. in other news... by Anonymous Coward · · Score: 0

    ... water is wet
    ... drugs are bad
    ... slavery is freedom
    ... war is peace

  87. Well, I ain't no lawyer, but ... by ScrewMaster · · Score: 1

    it seems to me that even if these egregious clowns were, in fact, devoid of criminal intent (I don't know if I believe that, anyway) they should hardly be excused of criminal misconduct. Regardless of whether it was just bad recordkeeping, sloppy policework in general (I have a problem with that, in general) or whatever ... they were required to follow the law and they didn't.

    --
    The higher the technology, the sharper that two-edged sword.
  88. I would say rather by phorm · · Score: 1

    That the constitution also exist to prevent the government from making average citizens into criminals. One thing about making laws is that you can make a law to criminalize something that goes against your personal agenda (RIAA *cough* *cough*), but the constitution is to some extent a check against this (when constitutional rights are upheld by the courts).

    1. Re:I would say rather by k1e0x · · Score: 1

      ... well no.. but your heart is in the right place.. I just dont like this defenition because if they made a law against breathing.. would you still have a right to breath? Of corse you would.. but there is no constituional admendment providing or protecting any such a right to breathe.

      You see, your rights dont come from the constitution, nor from judges, but they exist outside of government. The constitution helps.. but often the wording is to flexable in it to be reliable.

      For instance "reasonable" search and seasure, could mean.. "We are the government and our requests to search are always reasonable." It's peppred with words like that .. as it comes from an era when people had common sense..

      --
      Bringing liberty to the masses. - http://freetalklive.com/
    2. Re:I would say rather by phorm · · Score: 1

      nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

      As making breathing illegal would deprive citizens of life, I would say that it would likely fall within those bounds. Of course the government may do so after "due process" (which is why they can have a death penalty).

      The governments ability (or lack thereof) to encroach on those rights is therefore enshrined in the constitution. If the votes pass, then it is theoretically possible that it could be made illegal to breath, but that would be where a constitutional argument (if not one of common sense) would be applied within the court system (due process).

    3. Re:I would say rather by k1e0x · · Score: 1

      Alright breathing is a bad example. (however its simple, and that was my aim.)

      So would you prefer to argue if you have a right to privacy? I argue that you do, as you need not show your property upon request to anyone. However the word privacy does not appear in the constitution.

      Since its not in there.. do you have it?

      --
      Bringing liberty to the masses. - http://freetalklive.com/
    4. Re:I would say rather by phorm · · Score: 1

      Well, it's not necessarily a constitutional right, and actually because of this cases in regards to privacy have seen some rough days in courts. Of course, when the constitution was drafted, I doubt that your forefathers had much of an inkling that we would develop cellphones, webcams, and advanced monitoring/cataloging devices such as we have today.

      That being said, while privacy cases definitely are an issues, particularly between private individuals and the government, there haven't actually been many cases where a privacy issue has resulted in a law that made somebody a criminal... but rather they center around the government (or private corps/citizens) spying where they should not. One could also argue until blue in the face whether privacy is accounted for under "liberty" in some cases

      In the end, the constitution as on object is a piece of paper. However, the power of the constitution is not in the paper itself, but in the heart of the men who drafted it, and those who proceed them. When you have a president who states "it's just a damn piece of paper," one can see that the values held therein are not going to be respected. At this point it's up to the courts to uphold them, and if that fails as well, the citizens themselves (soapbox, jury box, ballot box, ammo box, etc).

      The constitution is not an ultimate power over anything. It's a good set of guidelines that worked at the time it was made, and in many cases thereafter. However, the future of the country depends on the efforts of good men (who tend to have a hard time making it into the corrupt game of politics). As with the past, corruption has crept into the heart of government, and perhaps when the next "good men" make their way in there a new constitution, or one that amends and adds to the freedoms of the current one, may be born.

  89. FBI by Anonymous Coward · · Score: 0

    Come on people wake the fuck up daa.

  90. Re:Wait a minute, aren't we missing something here by baboo_jackal · · Score: 0, Troll

    Since the first rule of National Security Letters is not to talk about National Security Letters, then ya, it will be a good while till you hear an actual example. So, to paraphrase: "Uhh... I... Uhh... I can't think of anything off the top of my head.. uhh... aahhh... hm. ... IT'S A CONSPIRACY!!!"
    That about covers your argument, then.

    Or did you mean that surveillance, eavesdropping, searching and financial snooping aren't violations of fundamental, inalienable rights? Actually, that's exactly what I meant. Look - are you American? If not, you're forgiven for being ignorant of the concept of fundamental, inalienable human rights. If you *are*, then you have no excuse - you should understand the basis of our government before you criticize it.

    I won't argue. If we can't agree on what's fundamental, there's nothing really to discuss. OK, that's fine. Just know that what you characterize as a "disagreement" is, in reality, something called "you're wrong"

    BTW, can I have your SSN? No. Oh... wait. OMG!!! You just totally disproved my point! Because I'm not willing to give my SSN to an anonymous stranger over the internet, I'm completely wrong about this whole debate!

    Look - I understand your problem with the government surveilling private individuals. Despite all my sarcasm, I really would prefer that the government butt out of my life as much as possible. That includes butting out of healthcare, education, the free market, keeping an eye on me and my private life, etc. I believe that government should do what ONLY government *can* do. And national security is one of those things that *only* government can do.

    So, as unfortunate as it is, I'm willing to accept a restriction on one of my DERIVED rights (the right to privacy) in order to protect one of my FUNDAMENTAL rights (the right to life).
  91. FBI Abuse by Tekoneiric · · Score: 1

    How is this a suprise? More power they are given, the more they'll abuse it. That's why strict limits and penalties are needed for the government.

    --
    *It's not what you can do for the Dark Side but what the Dark Side can do for you!*
  92. Re:Wait a minute, aren't we missing something here by KoshClassic · · Score: 2, Insightful

    So somebody please explain to me who was harmed by these FBI "crimes."

    Respectfully, I submit it was me, you, and every other American, as our collective rights and liberties have been squashed even more.

    --
    Understanding is a three edged sword. - Ambassador Kosh Naranek, Babylon 5
  93. Re:Wait a minute, aren't we missing something here by Synic · · Score: 1

    Did you miss the part of the fucking article that says they used it for personal gain and not for anything to do with national security?

  94. Orwellian tag explodes... by patiodragon · · Score: 1

    after beating the crap outta the Obvious tag

  95. Re:Wait a minute, aren't we missing something here by Copid · · Score: 1

    So, as unfortunate as it is, I'm willing to accept a restriction on one of my DERIVED rights (the right to privacy) in order to protect one of my FUNDAMENTAL rights (the right to life).
    What ratio of protection versus restriction of rights did you have in mind? I think that the argument most people have is not whether such a trade off exists, but what the right trade off is. Personally, I like warrants and judicial oversight, especially given the vanishingly small probability that a terrorist is going to kill me.
    --
    An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
  96. Court is for Actors. Contract law confers stance. by NRAdude · · Score: 0
    Actually it could also be said "..to become a criminal one must *perform* an unlawful act. (emphasis on arresting people for actual crimes they commit vs. arresting people for crimes they *might* commit) The Patriot Act is more about stoping crimes before they happen.. and thats also a problem.

    According to their Constitution of the United States, no law may violate the law of contract.

    I theorize most people think of when I said "commit or perform" is ubiquitous, when in fact I mean what I had thought and written as to assert the difference between an assertion in the Now to commit as different from one Future by Actors to perform. Reading your post, I thought it an opportunity to bump my Head to a sound mind. On matters of what people "might" commit, is a matter of establishing ID as to contract, committing thereto in its execution, and drawing from the value for those that benefit. If any discourse would cause the speculation of arresting the people for what they might commit in Consideration to whomever is party to that contract, to my studies it is found that only a Trustee is subject to arrest; because for a Trustee, the office is holding property on someone's behalf for the benefit of another; that property is Now in dispute to be set aside for a Rehearsel of the Rememdy in the Future. Thereby, all matter of arrest is a dispute over property; contained therein, is the key to comprehend the meaning of "resident" as defined in the earliest of American law jurisprudence and dictionaries origined to the Brittains: a "resident" is a thing (res), known (id), and cordially subject to the dispute. If it were considered for a man to be a thing, then that would need correction to move the verry true name to a man as the trademark(tm) affixed to the property (playwrite script) in dispute.

    Looking to Court and its verry preparations would reveal it nothing more than determinations of said Contract to be Rehearsed by actors, as evinced by entry into the theatre in banc to Hear the matter to a wit of pro se or pro per; thereby Done at a time in the Future by those Actors inducted as Officers to the feuding Courts of competant jurisdiction representing the matter.

    The Patriot Act is more about stoping crimes before they happen.. and thats also a problem.


    I suppose the only way for the Patriot Act to facilitate the estoppel in transitu of the execution of a contract (criminal side of determinations), would be if the administration was Party to that crime with a controlling interest. That is bonded with a Security Agreement, is it not?

    My thoughts on changing government has been met with preparations, that execution of contract law derived from a prepondered estate in its original mode can't be detracted to any other Country without a Verified Statement of Right by their Executive Administrators. Is this not found in the Congressional Supplements to Certain Admiralty and Maritime Claims? Property in the jurisdiction of another or cometing administration may be seized proper, that it be returned to the retinue of their Office. Is this not the evidence of diversification of citizenship?
    --
    without prejudice
  97. Re:This is what happens when you ignore human natu by Proofof.+Chaos · · Score: 1

    This is the problem, we Americans are such big pussies. We are so terrified of a few little brown people with box cutters, or a few tweakers wanting to steal our TVs, that we can't hand our freedom over fast enough to the government (do you really think they can protect you anyway). I like the idea of an armed populous to deter crime or the government from abusing power, but I really can't imagine most Americans actually having the balls to pick up their weapons and stand up to the tyrants. Since 9/11, I have been amazed by the irrational fear of all the people around me. I recognize the threat to my safety posed by terrorism. I also recognize the threat to my safety posed by lightning (only slightly less) or car accidents (way more), But I still drive and I still go out in stormy weather. The reason terrorists attack us is because we are the perfect victims. Their weapon is terror, it's right there in the name, they know they can't really do any significant harm to us, so they just try to scare the shit out of us, and it has worked so far. People need to wake up and realize where the dangers really are. We need to demand that the government protect what really matters. Not just our liberties, but also physical dangers that are real threats, like disease and poverty.

    rant over

  98. All brought on overnight? by twitter · · Score: 1

    Quoth the W:

    All of this was brought upon us in a single day -- and night fell on a different world, a world where freedom itself is under attack.

    That's funny, I thought TIA was ordered a year before 9/11/2001.

    --

    Friends don't help friends install M$ junk.

  99. It's starting all over again by rfc1394 · · Score: 4, Insightful

    Back in the 1960s and 1970s, as a result of FBI abuses including targeting of dissident groups, new laws were passed and court decisions occurred putting restrictions on the FBI and on state and local police because of agency misconduct. Consider Bull Connor and his thugs at the Birmingham (Alabama) Police, who felt the appropriate response for peaceful protests was attack dogs and firehosing. We did not 'hobble' them because we wanted to let criminals get away with things, we put restrictions on police because they could not be trusted not to abuse their authority.

    You didn't get decisions like Miranda , Escobedo , Mapp , and others because it was thought that it would be a good idea to make the job of law enforcement more difficult, but because law enforcement was acting in an improper and often illegal fashion. Depriving police of the ability to use illegally obtained evidence, of suppressing forced confessions and other such things would, it was claimed, destroy law enforcement. And you know what happened? Police officers learned, generally, to act within the rules, to be professional and to work on finding evidence in a proper manner. But it still wasn't enough.

    The Govenor of Illinois had to commute the death sentences of over 150 because of police and prosecutorial misconduct, including cases where prosecutors sought death sentences and sent people they knew were innocent to death row. The incident was so bad that some prosecutors were arrested for misconduct.

    There is an old saying in Latin, Quos custodes ipsos custodes?, i.e. Who will watch the watchers? When the police don't have serious restrictions, they will do anything they can get away with. Sometimes the police act properly and in a professinal manner. Sometimes the police can be almost as bad as the people they are supposed to catch.

    --
    The lessons of history teach us - if they teach us anything - that nobody learns the lessons that history teaches us.
    1. Re:It's starting all over again by GigsVT · · Score: 1

      But... but.... Terrorists!!!!

      And pedophiles!

      You must be both!

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
  100. Re:This is what happens when you ignore human natu by GigsVT · · Score: 1

    What we are seeing though is a sort of "socialism through the corporation". This is the problem. Liberals and socialists are happy to vote for Democrats that increase welfare to corporations that do "socially good things" (think Medicaid, WIC, and other corporate subsidies). Conservatives are happy to vote for Republicans that increase welfare to corporations that build things like Humvees and bombs and rebuild the countries we blow up.

    The end result of all this is that we are funneling trillions of dollars from the taxpayer to a few hundred corporations. This is socialism turned into its worst form, socialism of the corporation, i.e. fascism.

    On the other end of this the large corporations, through lobbies, leverage directly the coercive force of the government with laws like the DMCA, UCITA, etc.

    The only solution I see is to strip the federal government of power. If the government has no power, it cannot be wielded for these corporate ends. That will truly restore the balance.

    --
    I've had enough abrasive sigs. Kittens are cute and fuzzy.
  101. Re:This is what happens when you ignore human natu by LibertarianWackJob · · Score: 1

    How do you know if it is the real police? Simple, legit bad guys will number 2 or 3 and have shot guns and/or pistols. Real police will number 12 or more and have fully automatic AK-47's and hand grenades.

    --
    What? ®
  102. Is anyone surprised? by a_nonamiss · · Score: 1

    Sadly, I don't see what the surprise is here. Congress passed these crappy laws limiting our civil liberties. All of us crazy, un-patriotic Libertarian wackos said that these laws would be abused. Washington and the general populace said that they would only be used to arrest the terrorists. They passed with flying colors. Everyone except the crazy, un-patriotic Libertarian wackos was happy. Lo and behold, 5 short years later, we find that these laws are being abused. Big surprise. Sadly, I am too jaded and cynical to even get upset. It's not like we didn't see this coming.

    --
    -Arthur
    Cave ne ante ullas catapultas ambules
  103. I am shocked by Sloppy · · Score: 1

    SHOCKED that governments abuse power.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  104. Re:This is what happens when you ignore human natu by kd5ujz · · Score: 1

    In The USA, the bad guys would probobly have more firepower than the real cops. Does anyone recall the Hollywood shootout? The LAPD had to BORROW weapons from a gun dealer to take on these guys.

    --
    -William
    God is everything science has yet to explain.
  105. Re:This is what happens when you ignore human natu by LibertarianWackJob · · Score: 1

    You are right about that and it was a real eye opener for police all across the country. Things have changed now. I get the impression that SWAT teams seem to be available in every small town, not just big cities.

    --
    What? ®
  106. Re:This is what happens when you ignore human natu by terrymr · · Score: 1

    Yeah and they have a really bad habit of using SWAT teams in the most innapropriate of circumstances. Nothing like watching a bunch of guys jump out of unmarked minivans in ski masks carrying automatic weapons to go kick in your neighbors door in the middle of the afternoon.

  107. Re:Wait a minute, aren't we missing something here by Anonymous Coward · · Score: 0

    So somebody please explain to me who was harmed by these FBI "crimes."

    In the short term, Alberto Gonzales will be harmed when the Democrat whiners get their way and he has to resign. After that, the American people will be harmed when he's replaced with an AG who's too timid to do what needs to be done to protect the country.

  108. Re:Wait a minute, aren't we missing something here by baboo_jackal · · Score: 1
    I asked:

    So somebody please explain to me who was harmed by these FBI "crimes." I would love to hear one actual, real concrete example of one person whose fundamental, inalienable rights were violated by this.
    and you responded:

    Respectfully, I submit it was me, you, and every other American, as our collective rights and liberties have been squashed even more.
    OK. Let me repeat the part of my original question that you ignored:

    one actual, real concrete example
    I am still waiting.
  109. Re:Wait a minute, aren't we missing something here by baboo_jackal · · Score: 1

    Did you miss the part of the fucking article that says they used it for personal gain and not for anything to do with national security?
    Um, yeah I missed that part. Mostly because it exists in your own head, not in the actual text of the article. Seriously, I read the article pretty thoroughly before I even started posting. You sounded so certain that you convinced me that I missed something the first time, so I went back and read it again. And again.

    Which part of the article was that again? Show me a quote. And remember, I'm not wearing the same tinfoil hat that you are, so it should probably be a pretty clear, unambiguous quote about how specific FBI agents used private information obtained illegally for their own, specific personal gain, and it would help if the quote said what that gain was - you know, fraud, blackmail, etc.

    Good luck with that.
  110. Re:This is what happens when you ignore human natu by kadehje · · Score: 1

    I think that people with FEDERALIST leanings are more to blame. Isolated pockets of socialism are not damaging when they are confined. At that point, it becomes a choice, rather than an obligation. For example, if California decided they wanted welfare, excelelnt. It is the nationwide push for such things that cause problems.

    ...

    Presumably, there would develop a certain state of homeostasis between locations as like minded individuals move together and learn to inter operate with other groups of unlike minded people.

    Unfortunately based on the civil rights history in this country, individual states haven't had a very good track record of making sure all their citizens are afforded basic human rights. We've tried this technique with slavery, and all that accomplished was such resentment between states that embraced slavery versus those that had previously abolished it that nearly half a million people died fighting over it.

    It took 80 years for this country to recognize the fact that states had the same duty as the federal government to uphold the rights granted to all citizens in the Constitution and its amendments. It took about another 80 before serious efforts to enforce the 14th amendment were made. In 1950, blatant racism was rampant throughout the South and most Northern cities and prejudice against Catholics, Jews, homosexuals, and other groups was common across the country. It wasn't until the federal courts started to recognize "separate but equal" was a bunch of BS and acted to get states in line that blacks started getting even a modicum of rights in most parts of this country.

    Even now, I suspect nothing would have come out of the Rodney King beating, the Charles Stuart case in Boston ("blame it on a black man"), or the Matthew Shepard tragedy if the feds weren't there to enforce people's rights. Many in those areas supported the injustices committed, and DA's and AG's would be unwilling or unable to successfully prosecute such cases.

    It's one thing to leave tax policy, welfare, alcohol laws, and most business to the states, provided the laws in theory and in fact treat everyone equally. However, when cities and states fail to respect the rights of citizens, someone needs to hold them accountable. And unfortunately when people really get the shaft, they're incapable of doing much about it. Think not being able to vote because one's polling place ran out of ballots or gets mysteriously closed for "health reasons." Or being denied an education so basic that they're incapable of using the Yellow Pages to look up a job training center or a welfare office. When you've got people that are so poor in these circumstances that they're incapable of affording a $20 ticket on Greyhound, the idea that people will be able to move around to better themselves doesn't go very far.

    The balance of power may be somewhat biased towards Washington, but completely stripping the federal government of its powers has its own issues that are equally scary as the the trend we've seen in recent years. Are 50 tyrannies any better than one? Not as far as I'm concerned. The federal government needs to check against the abuses of individual states and the states need to check against abuses of the federal government

    And the states do have a method of recourse against the federal government. Contrary to popular belief, Congress is not required to amend the Constitution. If 34 states pass legislation proposing and amendment and 38 state constitutional conventions then ratify it, the amendment is enacted, Pennsylvania Avenue be damned. It's a shame that we haven't been inventive enough yet to use this technique against Washington.

  111. Re:Wait a minute, aren't we missing something here by baboo_jackal · · Score: 1

    Yes, I completely agree with you that it's a tradeoff. Like I said, I would like to not have to wonder if every weird 'click' I hear during a phone conversation is some FBI agent listening in on me.

    I would like to believe that the threat of terrorism is a myth, and that we're really not in any significant danger.

    Look - I'm not going to say this in an attempt to convince you of anything. I could just be some random self-important interweb liar for all you know. I only want to explain why I feel the way I do. I work for the DoD and a while ago, I was 'volun-told' to be a force protection (FP) representative for my unit - basically, I had to start going to local anti-terrorism working group meetings. Normally, these are pretty benign affairs - practice your FP posture, know what happens if the force protection condition (FPCON) is elevated, etc.

    Well, a little while ago, some MI folks started coming to our meetings and briefing us on specific threats, as in "Here's a picture of a guy who teaches people how to blow stuff up, and he's a native of this country, and lives in your town, and he recently went to a foreign country and met with these guys (more pictures) who are Islamic fundamentalists with known ties to known violent agents who have a history of blowing themselves up. We think they're waiting for a group of natives to escort them into the country to this area to carry out their mission."

    It was a sobering experience, to say the least. Before I started hearing all this stuff, I kind of figured that it was all being blown out of proportion, too. But, based on my experience, it's not.

    Like I said, I don't care if you are convinced by my (intentionally vague) story. I just wanted to give you my side of it.

  112. Wrong by alexo · · Score: 2, Insightful

    With power comes responsibility.


    No.
    With power comes the desire for more power.

  113. We will know soon ... by the_mushroom_king · · Score: 0

    We really won't know the full extent of the Bush Administration's abuses of power until well after 2008. IMO, we are going to be shocked as the scope and depth of their illegal activities.

    --tmk

  114. Re:Wait a minute, aren't we missing something here by Anonymous Coward · · Score: 0

    Now that I'm sufficiently scared, where do you live, so I know where to move away from?

    Oh wait, unless your Islamic fundementalists posses large arsenals of nuclear weapons (or exquisite biochem tech) it doesn't matter if I live in the same town, because I'm still pretty goddamned unlikely to get killed by them. I work for the DOT; and we don't need a war on terror, we need a war on cars because I can't make it through a single night in ops without someone dying on the road.

  115. Re:Wait a minute, aren't we missing something here by baboo_jackal · · Score: 1

    Now that I'm sufficiently scared, where do you live, so I know where to move away from?
    LOL - point taken. I guess my point is that shit like that probably happens all over (not just where I live), it's just that we never hear about it. It doesn't change the fact that we truly *are* less likely to be killed by a terrorist attack than in an automobile accident, or by drowning, or by taking aspirin (I can't remember if it was this article, or another, but someone pointed out the true fact that more people die each year from OTC drug overdoses and drug interactions than are killed by acts of terrorism).

    I guess I just wanted to make the point that there's a reason why it's true that terrorism isn't really that likely to happen, and it's not because terrorists aren't really that dangerous.
  116. Re:This is what happens when you ignore human natu by Dun+Malg · · Score: 1

    a small detachment of a dozen or so trained marines with modern weapons can mow down several thousand citizens. What makes you think those marines are willing to pull the trigger on their fellow countrymen? They're trained to kill foreigners. And nukes, cruise missiles, and "battleships" (we no longer have any of those in service, but you knew that, right?) are completely useless when you're rooting a few hundred (terrorists/freedom fighters) out of one of your own cities.

    No, we only need enough guns to beat the cops. The cops are the only ones inculcated with an adversarial relationship withthe public.
    --
    If a job's not worth doing, it's not worth doing right.
  117. Re:This is what happens when you ignore human natu by Dun+Malg · · Score: 1

    How do you know if it is the real police? Simple, legit bad guys will number 2 or 3 and have shot guns and/or pistols. Real police will number 12 or more and have fully automatic AK-47's and hand grenades. nitpick: Police in the US do not carry AK-47s. M-16's or MP-5's, sure. AK? Not a chance in hell. And typically the closest thing to a "hand grenade" they carry is a "flashbang". "Hand grenade" tends to imply frag or concussion grenades used by the military.
    --
    If a job's not worth doing, it's not worth doing right.
  118. Fine by Anonymous Coward · · Score: 0

    What are the chances that anyone will ever - ever - be arrested over this?

    With this Inspector General - no chances.

  119. Re:Wait a minute, aren't we missing something here by baboo_jackal · · Score: 1

    we need a war on cars because I can't make it through a single night in ops without someone dying on the road.
    Also another good point. The difference between terrorism and automobile accidents is really simple, but also really weird. For some reason, we accept that 40,000-50,000 fatalities a year is worth being able to drive 55. I know that sounds strange, but if we truly believed that even a single traffic fatality was one too many, we would lower then national speed limit to 10 mph. I mean, that would pretty much eliminate traffic fatalities, right? So why don't we do it? We could say, "Well, it's just not practical! We would never get anywhere! interstate shipping would be impossible! The economy would collapse!" But the (again, weird) unsaid piece of that argument is, "and we're willing to accept that 40 to 50 thousand people will die on the roads each year in order to keep our national economy running, and to allow us sufficient mobility."

    At this point, most people (I think...) probably feel that even one death caused by an act of terrorism is one too many. So we have all these really expansive Homeland Security laws that not everybody agrees with (i.e., domestic spying, etc.).

    Now, I'm willing to trade away some of my less-noticed derived rights, like phone and email privacy, to prevent even a single death caused by terrorism. I'm OK with the NSA/CIA/FBI looking at my phone records and listening to me talk dirty to my girlfriend. But I probably wouldn't be willing to allow random, warrantless, baseless searches of my home. And I definitely wouldn't be willing to trade away one of my fundamental rights for *any* measure of safety - give me liberty or give me death, and all that.

    So, I guess my point is that, yes I acknowledge that it's a tradeoff. I'm willing to trade my derived right to phone/email/bank transaction privacy for safety. Others of you aren't. We probably *all* agree that we wouldn't be willing to trade a more overt kind of privacy, or a truly fundamental right to prevent even a single death caused by an act of terrorism.

    This whole debate is about finding what level of tradeoff is acceptable to the most people.
  120. They ALWAYS abuse their powers by ukemike · · Score: 1

    the FBI et al have always abused whatever powers they have. Hoover persecuted a whole bunch of people in the name of fighting communism. His victims included Martin Luther King Jr. and Malcom X. Later the cointelpro program was used against black nationalist organizations, the American Indian Movement, the anti-war movement. Later after the abuses of cointelpro were exposed the very same tactics were employed against people who opposed Reagan's Central American Proxy wars and death squads. The same crap was used against the environmental movement in the 1980s. In fact during that period I personally knew people who's mail regularly arrived crudely torn open and taped closed. Since you can always expect the government to push the limits and abuse it's power it makes sense to limit that power so that the abuses are relatively benign. When you give the government expansive powers then the abuses tend to be expansive as well. I guarantee that the government is doing terrible things that will only be proven 15 or 20 years from now when it is history and we can all calmly claim, "well thank goodness that doesn't happen anymore!"

    --
    -- QED
  121. The report in PDF format by Anonymous Coward · · Score: 0
  122. Re:This is what happens when you ignore human natu by pipingguy · · Score: 1

    Today, people take liberty for granted and so fear death and destruction that they will throw away their liberty for temporary saftey.

    My fear is that this tendency will only increase as boomers age closer to their final day. And there is no shortage of fear-mongering marketers to help this phenomenon along.

  123. Re:This is what happens when you ignore human natu by pipingguy · · Score: 1

    Surely there is a balance in the middle?

    Surely, "balance in the middle" and "United States of America" are mutually exclusive concepts, no?

  124. Re:This is what happens when you ignore human natu by StewedSquirrel · · Score: 1

    You have to know that if there is an insurrection, a good number of marines will be convinced that the "freedom fighters" are, in fact, terrorists. The brass will instruct them to "wipe out the terrorist threat" and they will do as ordered. Perhaps some will refuse and will be summarily arrested.

    Spin is powerful. Especially with people who are extremely dedicated to their chain of command.

    Stew

    --
    There are 10 kinds of people in the world. Those who understand binary and those who don't.
  125. Re:This is what happens when you ignore human natu by LibertarianWackJob · · Score: 1

    AGH! Now my secret is out. I'm not a cop. And I suppose you are right. Thanks.

    --
    What? ®
  126. Surely Not? by KenStech · · Score: 0

    No! Say it aint so! What's the world coming to when the FBI abuses it's power! Surely a sign of the apocalypse! [/heavy sarcasm]

  127. Abused the Patriot Act? by MagusSlurpy · · Score: 1

    Abused the Patriot Act? You mean there were things that it didn't allow the Feds to do?

    --
    My sister opened a computer store in Hawaii. She sells C shells by the seashore.
  128. Homicide is NOT a crime by unassimilatible · · Score: 1

    But with murder or accidental killing, there is still criminal charges. Homicide is a lesser punishment and yet there are justified/justifiable homicide laws for when the killing is a public service.

    Homicide itself is not a crime. A homicide is the taking of a life of another. There are criminal (murder, manslaughter), excused (non-criminal negligent), and justifiable (self-defense) homicides. And there aren't "always" charges filed in homicides. Accidental deaths are often excused.

    --
    Slashdot "libertarians": Small government for me, big government for those I disagree with. -1, I disagree with you
  129. Re:Wait a minute, aren't we missing something here by Copid · · Score: 2, Interesting

    I don't doubt for a minute that there are very dangerous people out there who would like nothing more than to kill Americans. What I doubt is that the government needs the types of power it has been demanding in order to mitigate the threat. I'm more than willing to allow the government to tap my phone, for example, provided they have probable cause and get a warrant to do it. In fact, I'm willing to go with the FISA rules that allow a warrantless tap of my phone for a short time as long as they have to go before a judge to get a retroactive warrant and go on record with another branch of government as having tapped my phone.

    What I'm not OK with is broad, sweeping police powers with little or no oversight. I don't think that there has ever been a time in history when a government with those types of powers didn't abuse them. There's a reason we involve two branches of government with search and seizure or wire tapping, and it's not just to get second opinion. The fact is, if one person or organization has the power to tap your phones or go through your bank records or search your house without having to justify it to anybody, they'll eventually start doing it for less than justifiable reasons.

    "I thought he was involved with terrorism" eventually becomes "He was involved in organized crime" which becomes "We thought he might be committing mail fraud" which becomes "We thought he used pot" which eventually becomes "He's a member of the opposition party" or "I want to date his wife, so I'll try to ruin their marriage by digging up dirt on him." With nothing to stop them, there's no reason to think they'll stop at legitimate police action. I accept that the government has the right to search me, try me, deprive me of property, and even execute me as long as they do it for justifiable reasons that are accepted by a demonstrably neutral party. As for acting on their own with no checks and balances, I have a hard time even accepting the idea that we let them use scissors.

    --
    An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
  130. A Canadian told you so. by GISGEOLOGYGEEK · · Score: 0, Troll

    A few years ago, I posted several comments from the point of view of a Canadian, on how crazy it was that the American system allows a president to kill constitutional rights, how wrong it is that your congress and senate can approve destroying your constitution, how it is your responsibility as Americans to protect your constitution instead of watching it crumble under the weight of the Bush Fear Machine, and how in Canada judges not only have the power to rescind unconstitutional laws, they have the responsibility ... and the balls... to do it when our politicians try to take away our rights.

    I pointed out how there was no evidence for attacking Iraq, how any WMD's they had were destroyed in the first gulf war, and that Hussein was keeping alqaeda out to protect his own power and that Bush himself stated publicly that there was no evidence of Hussein working with alqaeda to enable 911. I pointed out how Bush was manufacturing evidence (not merely using 'bad intelligence'), and how hundreds of thousands of innocent iraqi people would die as a result of an invasion and occupation and millions more would be driven to fight against america while they had a relatively stable life under Hussein, as bad as he was ... all justifiable reasons for Canada not joining the war in Iraq.

    And I was shouted down over and over by Americans blinded by one horribly tragic moment in time, unable to see the bigger picture.

    Seems it's payback time. The American people are realizing several years too late that they were had by the greedy fools they put in charge, they don't like how more americans have died in a totally unjustified war against a country that had nothing to do with 911, then died in 911!! ... and meanwhile, the true justifiable war, fighting real terrorists in Afghanistan, is being lost due to a war strategy that the average person learned is no good by playing the boardgame Risk as a child. Fools! you must leave troops behind to defend the ground you take! You can't just invade and move on! Of course the taliban is sweeping through re-taking towns - you abandonded them!

    Enough already. Please try not to take down the rest of the free world as you reel under the self-imposed destruction of your way of life.

    --
    George Bush + Linux = "I will not let information get in the way of the fight against Windows"
    1. Re:A Canadian told you so. by GISGEOLOGYGEEK · · Score: 1

      come on! mod me down some more!

      It only proves my point. Truth hurts don't it?

      --
      George Bush + Linux = "I will not let information get in the way of the fight against Windows"
  131. OUR government ABUSED it's Power?? by ih8bills · · Score: 1

    Oh I just can't believe it (took this long) So call me a cynical bastard.... Can you say J Edgar Hoover? Check out some of the crap THAT guy got away with.

  132. Re:Wait a minute, aren't we missing something here by KoshClassic · · Score: 1

    Unfortunately, those who wrote this law made it illegal to disclose both proper and improper use of it. So it is unlikely there ever will be any concrete examples disclosed to the public (but I note that the auditor's report makes it pretty clear that there are such concrete examples to be had, and its extremily unlikely that those whose rights were violated even know - it could be me or you and we wouldn't know, but this is not a case of what you don't know can't hurt you - it very much can). If under such circumstances you are waiting around for a concrete example before you will agree that there is a problem, then I suggest that a) you will be waiting a very long time and b) you have much more blind faith in our government and its current leadership than I do.

    --
    Understanding is a three edged sword. - Ambassador Kosh Naranek, Babylon 5
  133. Official GNAA press releases. For more information by Anonymous Coward · · Score: 0

    GNAA announces switch to Windows Vista (2007/02/25) CNN HQ Stormed By Elite GNAA Operatives, Classified 9/11 Information Broadcast (2007/02/03) Jewish pedophiles delete GNAA article from Wikipedia (2006/12/03) Lik-Dong closure leaves Noted Gay Nigger jobless (2006/10/25) GNAA Issues Apology In The Death Of Rob Levin's Bike (2006/10/25) GNAA investigators make unprecedented breakthrough in Reiser case (2006/10/13) GNAA suspected in death of Rob Levin (2006/09/16) GNAA CLAIMS RESPONSIBILTY FOR ASSASINATION OF TV HERO (2006/09/06) GNAA Claims Responsibility in Loli-Chan Raid (2006/08/22) GNAA campaign against PHP and ZEND bears fruit (2006/07/29) GNAA Adopts Trusted Platform Module (2006/07/28) Ten-thousand Freenet User Identities Compromised (2006/06/22) MARK SHUTTLEWORTH AND CANONICAL ANNOUNCE LINUX FOR NIGGERS (2006/06/01) David Blaine Fails, GNAA claims responsibility (2006/05/10) GNAA Announces Cleansing Of The Star Trek Gene Pool (2006/04/24) GNAA member JacksonBrown succeeds it, GNAA declares yet another victory over Apple (2006/03/22) GNAA Announces OneNigger Suite of Collaborative Trolling Utilities (2006/03/04) GNAA discovers Scientology's shocking roots in the association (2006/02/28) GNAA Announces Full Cybermilitary Support of the German Government (2006/01/20) Mehmet Ali Agca confessed who paid him to assasinate pope John Paul II (2006/01/18) Recent findings from the GNAAU prove that Dr. Martin Luther King Jr. was gay (2006/01/17) GNAA unveils "New for Jew Thousand and Six" product lineup (2006/01/01) GNAA announces 2005 a success (2005/12/31) GNAA Announces Corporate Downsizing and Administrative Reformation (2005/10/03) GNAA Mourns the Death of l0de and the l0de Radio Hour (2005/09/11) GNAA pledges aid to Katrina victims (2005/09/11) GNAA outreach program hailed as an overwhelming success (2005/08/06) GNAA Research Division exposes long standing Zionist plot (2005/08/05) GNAA sues the CDC for patent violations (2005/07/04) GNAA Announces Immediate Release of OSX_x86_YHBT (2005/06/14) Apple Bets Farm on Heterosexual Computing - GNAA Members Offended (2005/06/07) GNAA Congratulates the Debian Project on the Release of Debian GNU/Linux 3.1 "Sarge" (2005/06/06) GNAA exposes the dangers of hiring Latvians (2005/05/06) GNAA copycats arrested in LastMeasure child porn scam (2005/04/30) GNAA RESEARCH UNVEILS STARTLING DISCOVERY (2005/04/20) GNAA Bioresearch unveils the Ubernigger Project (2005/04/07) GNAA Mourns Passing of Litigious Nigger (2005/03/30) GNAA releases surprising new Easter research (2005/03/26) Terry Schiavo Announces Support for GNAA (2005/03/21) GNAA announces victory over the state of Georgia (2005/03/14) GNAA announces open source, object-oriented political revolution (2005/03/11) Niggersoft Announces GNAA/Hard (2005/02/11) Michael Sims Fired, Joins GNAA to Troll Slashdot Full Time (2005/02/02) GNAA unveils new 2005 product line (2005/01/25) God Exiled From Information Superhighway (2005/01/22) GNAA Declares ownership of 99.9% of all IRC networks (2005/01/21) GNAA declares boycott of all foods that make sperm taste bad (2005/01/12) Giant Tsunami of AIDS hits America (2005/01/05) GNAA announces Xanga-dotting of Something Awful (2004/12/27) GNAA more effective than Viagra, Cialis, study finds (2004/12/21) GNAA Announces Gay Porn Avalanche (2004/12/21) Low-Carb Movement Gains Internet Celebrity Support (2004/11/23) GNAA Member Arrested for Trolling (2004/11/10) Dremel Stock skyrockets amidst rumors of GNAA takeover (2004/10/31) GNAA freedom fighters attack mbonig into submission (2004/10/25) GNAA declares victory over Wikipedia (2004/10/07) GNAA introduces first open-source corpse (2004/10/01) LastMeasure hits the 100000 watermark (2004/09/27) GNAA Lysol on the 2004 Florida Presidential Ballot (2004/09/23) GNAA supplies arms, expertise to Iraqi Freedom Fighters (2004/09/21) GNAA reactionaries take Condoleezza Rice hostage (2004/09/13) News Agencies Deny NK Blast was a Nuke (2004/09/13) GNAA Announces l0de's Death (2004/09/12) GNAA Launches Attack on Slashdot Parent Company (2004/09/11) Happy 9/11 Fro

  134. GNAA press releases by Anonymous Coward · · Score: 0

    GNAA announces switch to Windows Vista (2007/02/25) CNN HQ Stormed By Elite GNAA Operatives, Classified 9/11 Information Broadcast (2007/02/03) Jewish pedophiles delete GNAA article from Wikipedia (2006/12/03) Lik-Dong closure leaves Noted Gay Nigger jobless (2006/10/25) GNAA Issues Apology In The Death Of Rob Levin's Bike (2006/10/25) GNAA investigators make unprecedented breakthrough in Reiser case (2006/10/13) GNAA suspected in death of Rob Levin (2006/09/16) GNAA CLAIMS RESPONSIBILTY FOR ASSASINATION OF TV HERO (2006/09/06) GNAA Claims Responsibility in Loli-Chan Raid (2006/08/22) GNAA campaign against PHP and ZEND bears fruit (2006/07/29) GNAA Adopts Trusted Platform Module (2006/07/28) Ten-thousand Freenet User Identities Compromised (2006/06/22) MARK SHUTTLEWORTH AND CANONICAL ANNOUNCE LINUX FOR NIGGERS (2006/06/01) David Blaine Fails, GNAA claims responsibility (2006/05/10) GNAA Announces Cleansing Of The Star Trek Gene Pool (2006/04/24) GNAA member JacksonBrown succeeds it, GNAA declares yet another victory over Apple (2006/03/22) GNAA Announces OneNigger Suite of Collaborative Trolling Utilities (2006/03/04) GNAA discovers Scientology's shocking roots in the association (2006/02/28) GNAA Announces Full Cybermilitary Support of the German Government (2006/01/20) Mehmet Ali Agca confessed who paid him to assasinate pope John Paul II (2006/01/18) Recent findings from the GNAAU prove that Dr. Martin Luther King Jr. was gay (2006/01/17) GNAA unveils "New for Jew Thousand and Six" product lineup (2006/01/01) GNAA announces 2005 a success (2005/12/31) GNAA Announces Corporate Downsizing and Administrative Reformation (2005/10/03) GNAA Mourns the Death of l0de and the l0de Radio Hour (2005/09/11) GNAA pledges aid to Katrina victims (2005/09/11) GNAA outreach program hailed as an overwhelming success (2005/08/06) GNAA Research Division exposes long standing Zionist plot (2005/08/05) GNAA sues the CDC for patent violations (2005/07/04) GNAA Announces Immediate Release of OSX_x86_YHBT (2005/06/14) Apple Bets Farm on Heterosexual Computing - GNAA Members Offended (2005/06/07) GNAA Congratulates the Debian Project on the Release of Debian GNU/Linux 3.1 "Sarge" (2005/06/06) GNAA exposes the dangers of hiring Latvians (2005/05/06) GNAA copycats arrested in LastMeasure child porn scam (2005/04/30) GNAA RESEARCH UNVEILS STARTLING DISCOVERY (2005/04/20) GNAA Bioresearch unveils the Ubernigger Project (2005/04/07) GNAA Mourns Passing of Litigious Nigger (2005/03/30) GNAA releases surprising new Easter research (2005/03/26) Terry Schiavo Announces Support for GNAA (2005/03/21) GNAA announces victory over the state of Georgia (2005/03/14) GNAA announces open source, object-oriented political revolution (2005/03/11) Niggersoft Announces GNAA/Hard (2005/02/11) Michael Sims Fired, Joins GNAA to Troll Slashdot Full Time (2005/02/02) GNAA unveils new 2005 product line (2005/01/25) God Exiled From Information Superhighway (2005/01/22) GNAA Declares ownership of 99.9% of all IRC networks (2005/01/21) GNAA declares boycott of all foods that make sperm taste bad (2005/01/12) Giant Tsunami of AIDS hits America (2005/01/05) GNAA announces Xanga-dotting of Something Awful (2004/12/27) GNAA more effective than Viagra, Cialis, study finds (2004/12/21) GNAA Announces Gay Porn Avalanche (2004/12/21) Low-Carb Movement Gains Internet Celebrity Support (2004/11/23) GNAA Member Arrested for Trolling (2004/11/10) Dremel Stock skyrockets amidst rumors of GNAA takeover (2004/10/31) GNAA freedom fighters attack mbonig into submission (2004/10/25) GNAA declares victory over Wikipedia (2004/10/07) GNAA introduces first open-source corpse (2004/10/01) LastMeasure hits the 100000 watermark (2004/09/27) GNAA Lysol on the 2004 Florida Presidential Ballot (2004/09/23) GNAA supplies arms, expertise to Iraqi Freedom Fighters (2004/09/21) GNAA reactionaries take Condoleezza Rice hostage (2004/09/13) News Agencies Deny NK Blast was a Nuke (2004/09/13) GNAA Announces l0de's Death (2004/09/12) GNAA Launches Attack on Slashdot Parent Company (2004/09/11) Happy 9/11 Fro

  135. Re:Wait a minute, aren't we missing something here by baboo_jackal · · Score: 1

    "I thought he was involved with terrorism" eventually becomes "He was involved in organized crime" which becomes "We thought he might be committing mail fraud" which becomes "We thought he used pot" which eventually becomes "He's a member of the opposition party"
    I can't disagree with this. The problem with the situation we've got is that we have no visibility into the internal workings of the FBI/CIA/NSA to ensure that stuff like this isn't happening. I tend, personally, to be a little too trusting of these organizations and the individual motivations of their agents. I also believe that some people are a little too cynical. The optimal solution is possible only because of people on both sides who believe very strongly that they're right.

    But I think that's OK. As long as we agree on the big stuff (i.e., not being blown up on any given day), we can work out the small stuff in exactly the kind of debate we have here. (as long as everyone votes, and holds their representatives and congresspeople accountable for what they do.)
  136. Re:We are shocked! Shocked! by gfreeman · · Score: 1

    Anybody want a peanut?

    --
    Ceci n'est pas un sig.