Slashdot Mirror


AT&T Says Spying Is Too Secret For Courts

The Wired blog 26B Stroke 6 reports on the arguments AT&T and the US government made to an appeals court hearing motions in the case the EFF brought against the phone giant for their presumed part in the government's program(s) to spy on Americans. In essence AT&T seems to have argued that the case against the telecom for allegedly helping the government spy on Americans is too secret for any court, despite the Administration's admission it did spy on Americans without warrants.

28 of 312 comments (clear)

  1. Sssssh! by Tesen · · Score: 4, Funny

    Ssssh! This is to secret to report on! Ohhhh great! Now the terrorists have won! Thanks alot Slashdot!

    1. Re:Sssssh! by frp001 · · Score: 5, Insightful

      >> Now the terrorists have won!
      As a matter of fact, they have. It is not about destroying a country, or individuals, it is a about destroying a lifestyle and beliefs (.i.e democracy) AFAIK they have won.

      --
      May I use your sig please?
    2. Re:Sssssh! by Anonymous Coward · · Score: 3, Insightful

      it is a about destroying a lifestyle and beliefs (.i.e democracy)

      Uhm... No it's not. It's about getting political power.

    3. Re:Sssssh! by CRCulver · · Score: 4, Insightful

      As a matter of fact, they have. It is not about destroying a country, or individuals, it is a about destroying a lifestyle and beliefs (.i.e democracy) AFAIK they have won.

      Nonsense. The Islamist goal is not simple destruction of certain features of Western society, but the replacement of its lifestyle and beliefs with sharia. Islamists could probably care less about the average American's loss of civil liberties--in fact, this change makes life more difficult for some would-be terrorists--while things like tolerance of homosexuality, equality of men and women under the law, and religious diversity continue just as before.

  2. How's that for logic by VirusEqualsVeryYes · · Score: 5, Insightful

    So let me get this straight. AT&T says it can't defend itself because it would endanger national security (basically, AT&T is guilty), and because of this, the case should be throw out (a win for AT&T)?

    But I guess logic like that is adequate for government work.

    1. Re:How's that for logic by jcr · · Score: 4, Insightful

      Don't forget that the court is part of the government, too.

      AT&T is basically asking the court to rule itself incapable of doing its job. There aren't a lot of judges who'll go along with that, and this is precisely why the constitution separates the judiciary from the legislature and the executive.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    2. Re:How's that for logic by greenguy · · Score: 3, Insightful

      There is only one catch, and that is Catch-22, which specifies that a concern for national security in the face of dangers that were real and immediate was a process that has to be kept secret. AT&T has the public interest in mind, therefore it cannot tell the public what it does. If it told the public what it does, it would no longer be working for the public. If it's good for us, they can't tell us why; if they told us why, it wouldn't be good for us.

      Because it does not exist there is no way it can be repealed, undone, overthrown, or denounced.

      --
      What if I do the same thing, and I do get different results?
    3. Re:How's that for logic by Rhett's+Dad · · Score: 3, Funny

      They could tell us, but then they'd have to kill us...

      --
      Let me introduce you to my very own DMCA-protected encryption key: BC 1B 64 4A 8D DE 49 E8 C3 7D CC EE 1A AD EE
    4. Re:How's that for logic by krlynch · · Score: 5, Informative

      That's not what they're claiming at all. From their brief, starting bottom of page 1:

      In light of [the Government's] invocation of the state secrets privilege, Plaintiffs will not
      have access to the evidence necessary to establish standing, and, just as important,
      AT&T will be prevented from tendering any evidence that would disprove it.
      Firmly established precedent mandates that a case must be dismissed whenever it
      becomes clear that the state secrets privilege will prevent a plaintiff from proving a
      necessary element of his case or a defendant from defending itself fully on an
      issue. In cases such as this one, where there is "no hope of a complete record and
      adversarial development of the issue," the only proper result is to dismiss the
      complaint.

      where the quotes are from previous cases.

      Contrary to the blog's claims, AT&T is NOT saying that national security prevents them from litigating ... they are saying that the Government's actions prevent both the plaintiffs AND themselves from litigating: the plaintiffs can't show they have standing without access to information AT&T doesn't have and hence can't produce, and AT&T can't obtain material is needs to defend itself. The Government, not AT&T, has claimed the state secret privilege. It's the same result perhaps, but for a very different set of reasons than the blog post claims. I'm not going to take a position on the state secrets privilege here, but a full debate on the issue needs to correctly state the facts.

  3. Take your pick by MikeRT · · Score: 5, Insightful

    You either have the rule of law, or you have "national security." They are mutually exclusive. Anything too secret to be brought before the law is too secret to be judged by it. Therefore it is outside the law, making the government a law unto itself, unaccountable to the public.

    Funny how that works. It's pretty much always the case that, paraphrasing parts of the Bible here, when men give up obedience to law and order, good rules and the ethic of accountability, that moral decline in the population begins. What? Bush's supporters didn't realize that the rule of law is just about the keystone of public morality?

    1. Re:Take your pick by DaMattster · · Score: 3, Insightful

      National Security is the antithesis of rule of law. National security, when overdone, bears a scary resemblance to say, North Korea. I believe Thomas Jefferson was well ahead of his time when he stated, "Those that would give a little liberty for security get none and deserve neither." It is very sobering to consider the wisdom and insight his words offered over two centuries ago. Even more sobering is that his imparted wisdom falls on deaf and ignorant ears.

    2. Re:Take your pick by geoffspear · · Score: 3, Insightful

      No, Jefferson was just as good as misquoting Franklin as any idiot on Slashdot today, thank you very much. I believe it was George Washington who said "a penny saved is a penny you can spend later."

      --
      Don't blame me; I'm never given mod points.
    3. Re:Take your pick by jojoba_oil · · Score: 3, Insightful

      You are forgetting, of course, that in America everybody is innocent until proven guilty -- except in the cases that either they're a terrorist or they're not a citizen. Being that AT&T's execs are all "patriotic" citizens, there is no question that they were "helping" the government fight freedo--i mean terrorism.

    4. Re:Take your pick by Fnkmaster · · Score: 3, Informative

      Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.

              * Benjamin Franklin, "Pennsylvania Assembly: Reply to the Governor", November 11, 1755; as cited in The Papers of Benjamin Franklin, vol. 6, p. 242, Leonard W. Labaree, ed. (1963)

      Yup.

  4. Such exclusion should be restricted by UnixSphere · · Score: 3, Insightful
    They're hiding behind "national security" for an excuse not to go forward with the case, the Supreme Court needs to step in and do its job.

    It's mind boggling how just about anything that the Federal Government Agencies don't want the public to see, hide behind this excuse and usually get their way..

    The ability to call upon such protection should be regulated and restricted, but when's the last time Congress did anything positive for us citizens?

  5. AT&T's argument: by physicsboy500 · · Score: 4, Funny

    "Spying is such a harsh word...

    We like to call it passive call attendance.

    --
    The original generic sig.
  6. Translation to Daily Speak : by unity100 · · Score: 3, Funny

    "We are scared like hell for our butts"

  7. 27B Stroke 6 by The+Famous+Brett+Wat · · Score: 5, Informative

    Get it right: the blog name is "27B Stroke 6" which is a beautiful reference to the out-of-control bureaucracy in Terry Gilliam's movie "Brazil".

    --
    proof, n. A demonstration that a conclusion is implied by certain premises and axioms.
    1. Re:27B Stroke 6 by Tim+C · · Score: 5, Informative

      For those not in the know (as the wiki article doesn't seem to mention it), a "27B stroke 6" is a form that Harry Tuttle says he'd have to fill in before he could do anything to help, even if your apartment is on fire. (I forget the exact quote, but it's something like "I couldn't even give you a glass of water if your apartment was on fire without filling in a 27B/6 first")

  8. Re:Rock and a hard place by geoffspear · · Score: 3, Insightful

    Well, I've never heard of a court ordering someone to provide evidence that they're not guilty, but it's unbelievable to me that there are state secrets that can be trusted to AT&T that can't be trusted to a federal judge. Surely they could have a closed trial before one of the FISA Court judges? Oh wait, I forgot... the whole reason they're under investigation is that the FISA court judges' security clearances weren't good enough to let them oversee this perfectly legal but so supersecret we can't tell the judges about it program. Clearly the FISA judges aren't vetted well enough for us to be absolutely sure they're not working for al Qaeda.

    --
    Don't blame me; I'm never given mod points.
  9. The darkest hour is just before the dawn by SmallFurryCreature · · Score: 4, Insightful

    I think the west has gotten to lax, not enough people remember anymore what freedom and democracy are REALLY about. This will change, it has before and it will again. Dictatorship just don't work, it ain't the natural state of affairs.

    BUT neither is freedom. The result is that you have a constant seesaw motion between the two extremes, the best you can hope for is that you happen to live during one of the quiet moments BUT you will only be able to do so thanks to the efforts of people who have come before.

    The sad fact is the seventies generation has done shit for freedom, they shouted a lot but haven't actually acomplished a single thing. It was the WW2 generation that has formed what we like to think of as our free society. They had to, WW2 forced change. Equality of the sexes and races is a direct result of the allied efforts to turn the tide of war.

    But whatever they achieved the natural state of affairs is to take back every hard won liberty for the practical day to day running of the world. Just as WW2 saw the injust internment of the japanese this war two has its miscarriages of justice.

    but it ain't gone over the edge, the proof? We can still report on it, the story of this and other mistakes is getting out and is getting attention. If the dictators had won, you wouldn't even know about it until you were taken off the street and never heard from again.

    As much as these stories may shock you they fact that they come out are proof that the system is still working.Not well, but then we get the system we voted for and Bush was re-elected.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:The darkest hour is just before the dawn by Stooshie · · Score: 5, Insightful

      ... Dictatorship just don't work, it ain't the natural state of affairs ...

      What is interesting is that, in fact, dictators are only kept in power by the will of the people (or at least the lack of the will to get rid of them). Under Hitler, for instance, the majority of the German population were quite well off and ignored the fact that their wealth came from the belongings stolen from those in concentration camps and alot of the work was done by slave labour (ie those in the concentration camps).

      It was only when Germany started loosing the war that Hitler decided to take his own life as he knew it was over and he wouldn't have the support of the people any more.

      I was the same with Saddam Hussain. He was in power for so long because the majority were, in fact, ok. They had an excellent education system (the most liberal in the middle east (women were granted an equal education)) and electricity and hospitals.

      I'm not condoning either of those rulers, but it is interesting that the main backbone democracy (ie the people choose those in power) is, in fact, the same reason that dictators stay in power.

      p.s. don't confuse democracy and freedom.

      Democracy is the process of choosing those in power.

      Freedom is the ability to say what we want, however truthful, stupid, offensive, funny etc... as long as we don't incite violence or hatred (as in Voltaire's quote "I disagree with everything you say, but I will fight to the death for your right to say it.").

      --
      America, Home of the Brave. ... .and the Squaw.
    2. Re:The darkest hour is just before the dawn by drinkypoo · · Score: 4, Interesting

      What is interesting is that, in fact, dictators are only kept in power by the will of the people (or at least the lack of the will to get rid of them). Under Hitler, for instance, the majority of the German population were quite well off and ignored the fact that their wealth came from the belongings stolen from those in concentration camps and alot of the work was done by slave labour (ie those in the concentration camps).

      And for those who are missing the connection to modern life in the USA, consider the plight of the migrant worker. Because they are illegal, they must hide. They frequently live five or six people to a room, more if it's a big room. Because they know they will be deported if they complain, they typically care for their own work-related injuries. By the same token, if they are unjustly fired, they have no recourse.

      In other words, illegal immigrants are the new slaves. It's actually a better situation to just pay them because you don't have to take care of them, there's no investment to lose if they die or get sick. You don't even lose work, because you pick up a new one. And they typically work harder and are frequently better trained for the jobs to which we put them than the locals.

      Enjoy your lunch today! The food it's made from was grown, effectively, with slave labor.

      Those who forget history, etc etc.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  10. Re:So every victim must suffer because of Bush? by Rob+the+Bold · · Score: 5, Insightful

    Dear God, do you realize what you are advocating by saying that you would automatically vote to acquit? You would allow a serial child molester go to make a statement against Bush. That is, pardon my French, fucking sick.

    Let me get this straight. The President declares himself above the law. Government agencies routinely violate the constitution in the name of national security. Habeus Corpus is effectively suspended (just by saying "he's a terrorist"). AT&T won't resists testifying in spy cases because its info is too secret for courts. Our citizens and treasure are squandered in an unprovoked war of adventurism. And the thing that really gets your panties in a bunch is that some guy calls for a jury revolt? Think of the children!!!!1!

    --
    I am not a crackpot.
  11. Re:Need proof or it ain't true by spun · · Score: 3, Informative

    Well, that link is busted, but I did as you said and found some polls, and here's the thing: you left out a very important point: the muslims polled were asked if THEY would wish to operate under Sharia law. They were NOT asked if they wanted to force Sharia law on others.

    That is a BIG FUCKING DIFFERENCE, and I fail to see how you can in good conscience leave that part out unless you really are trying to whip up hatred of Muslims.

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  12. History is against you. by btarval · · Score: 3, Insightful
    "This will change, it has before and it will again. Dictatorship just don't work, it ain't the natural state of affairs."

    That's basically what was said back when the Roman Republic fell. The Roman Imperial rule lasted for about 400-500 years. Though there were brief thoughts and talk of returning to the Republic, it never happed.

    Those who forget History are doomed to repeat it.

    While you might argue that "We're different now", I would also point out that we're really not. We've been passing laws to strip away rights for decades, and the Supreme Court has been upholding them. Take, for example, the Japanese internment during WWII. Although there was lip service paid to how wrong it was much later, the Supreme Court upheld the decision. More importantly, Congress has never put in place new laws to prevent it from happening again.

    You can expect this to take place in the future when we've had yet another panic attack. The laws are all set up for this. Only now it can be done in secret. Indeed, there are Prisons being built in the mid-west right now which have this as their optional charter.

    I'd like to share your optimism. But I see nothing which supports it except some political lipservice.

    --
    The best way to predict the future is to create it. - Peter Drucker.
  13. Re:Need proof or it ain't true by CRCulver · · Score: 5, Insightful

    The fundamentalist religious right here in America is every bit as frightening as any Muslim theocracy.

    Having spent much of my youth among Fundamentalists in the Deep South, I have never, ever heard a call among them for instituting e.g. the public stoning of homosexuals or taking the lash to adultresses, punishments which are extremely common in the most theocratic parts of the Muslim world. The things that American conservative Christians are vocal about, say, allowing a prayer before a high school football game or tweaking a biology textbook, as odious as they may be to many desiring complete separation of church and state, are in no way comparable to the gory brutality of Muslim theocracies that exist as we speak.

  14. wrong by rhombic · · Score: 3, Informative

    See the Guardian for the numbers in a poll done in the UK. Among 16 to 24 year old muslims living in the UK, 37% said they would prefer to live under Sharia law, as opposed to 60% who wanted to live under UK law. I would suggest 60/40 does not constitute a vast majority. "Nearly a third of 16 to 24-year-olds believed that those converting to another religion should be executed". WTF???? The numbers do go down quite a bit for the older people polled, but double digit percentages still would prefer Sharia law even at 55 years old.

    --
    1984 was supposed to be a warning, not an instruction manual.