Slashdot Mirror


NID Admits ATT/Verizon Help With Wiretaps

Unlikely_Hero writes "National Intelligence Director Mike McConnell has confirmed in an interview with the El Paso Times that AT&T and Verizon have both been helping the Bush Administration conduct wiretaps. He also claims that only 100 Americans are under surveilance, that it takes 200 hours to assemble a FISA warrant on a telephone number and suggests that companies like AT&T and Verizon that "cooperate" with the Administration should be granted immunity from the lawsuits they currently face regarding the issue."

59 of 299 comments (clear)

  1. Lawsuits? Aren't they forgetting... by IndustrialComplex · · Score: 4, Funny

    We don't care. We don't have to. We're the Phone Company.

    --
    Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
  2. Unless by chuckymonkey · · Score: 3, Insightful

    The President grants executive powers to do what he wants. Seriously though, it shouldn't even really be one U.S. citizen that they do this with. When does the fear mongering to get broad reaching government powers end? I'm so damned tired of it, and this country has slid so far downhill in the last 5 or so years due to it. Just about every other nation looks at the U.S. in a bad light these days because we're prudish, invasive, annoying, and hipocritical. I'm getting to the point where I want to purge the entire administration from the lowest congressman all the way up and start over. Take out the special interest groups, no corporate sponsorships for campaigns, and get rid of the all the harpy lobbyists. I'm just so sick of it.

    --
    "Some books contain the machinery required to create and sustain universes."-Tycho
    1. Re:Unless by monk.e.boy · · Score: 4, Funny

      Hey, fed up with [windows|USA] why not try [Linux|UK]?

      ...and I bet this is never nodded funny by the Americans ;-P

    2. Re:Unless by anti-human+1 · · Score: 2, Interesting

      I'm so damned tired of it, and this country has slid so far downhill in the last 60 or so years due to it. Fixed. Remember the Red Scare? Shit, Prohibition? How far back should we go? Hell, we were probably fearmongored into breaking away from the British Empire.
    3. Re:Unless by Anonymous Coward · · Score: 2, Funny

      I'm just so sick of it.
      And I'm going to sit here on my ass and whine to Slashdot until things improve!
    4. Re:Unless by MMC+Monster · · Score: 3, Insightful

      The President grants executive powers to do what he wants. Seriously though, it shouldn't even really be one U.S. citizen that they do this with. When does the fear mongering to get broad reaching government powers end? I'm so damned tired of it, and this country has slid so far downhill in the last 5 or so years due to it. Just about every other nation looks at the U.S. in a bad light these days because we're prudish, invasive, annoying, and hipocritical. I'm getting to the point where I want to purge the entire administration from the lowest congressman all the way up and start over. Take out the special interest groups, no corporate sponsorships for campaigns, and get rid of the all the harpy lobbyists. I'm just so sick of it. It's not that the government shouldn't wiretap their own population. Of course, they should be able to. The FISA courts are secret so that they can get warrants to do this sort of thing. It's when the government doesn't bother getting the warrants that things get illegal.

      No company should surrender private communications to the government without a warrant. And if they do, the public can sued them.
      --
      Help! I'm a slashdot refugee.
    5. Re:Unless by Rhaban · · Score: 3, Insightful

      We've liberated the French two times and they were selling Stinger missiles to Saddam during the arms embargo via the 'oil-for-food' program, promulgating the largest fraud in world history. Can you please remind me who put Saddam in place at first?
    6. Re:Unless by turbofisk · · Score: 4, Insightful

      Of course there is a lot of truth in this... France did have a lot of presence in Iraq and made a bundle, but the *people* are pissed about something else. Saying that the world is pissed out of envy and money is just pure bs. There is the whole spectrum your carelessly choose to ignore. How about invading a sovereign country, killing thousands of civilians and generally destabilizing the middle east even more while doing some cowboy shit about terrorists are behind every stone and thus any measure is ok. Generally you have polarized the world as well, either your with us or your against us. Saddam was a dictator and we can't have that... All while supporting other countries who are run by dictatorship. Of the top of my head: Using capital punishment on your own citizens is a biggie. Degrading taliban and terrorists to Enemy combatant and thus denying them the rights of the Geneva Convention. No trials either. By doing this, imo you have let the terrorists destroy what you are trying to defend - freedom. And at the same time those who are whistleblowers get the sharp end of the stick for doing just that, ensuring that illegal stuff doesn't pass. I'm from Sweden and there is a general resentment that just wasn't there during the Clinton era.

    7. Re:Unless by oojimaflib · · Score: 3, Insightful

      Just about every other nation looks at the U.S. in a bad light these days because we're prudish, invasive, annoying, and hipocritical.

      Hate to break it to you, champ, but it's been that ways since 1789. It ain't going to change anytime soon. We've liberated the French two times and they were selling Stinger missiles to Saddam during the arms embargo via the 'oil-for-food' program, promulgating the largest fraud in world history. That's hypocritical demonstrated. Any volunteers for the others?
    8. Re:Unless by spikedvodka · · Score: 3, Informative

      No company should surrender private communications to the government without a warrant. And if they do, the public can sued them.


      So if the Japanese had discussed the attack on Pearl Harbor amongst themselves but over AT&T phone lines, you're arguing that AT&T should have conspired with the Japanese to keep the attack secret? There's no kind of warrant that applies to foreign enemy powers. Warrants are for criminal prosecutions. Also warrants are issued by judges, and judges are constitutionally excluded from issues involving the waging of war. no, that's not what the GP is saying. There would be no conspiring involved, because until the warrant was issued (and served) AT&T would have no way of knowing what was being said over their lines.
      --
      I will not give in to the terrorists. I will not become fearful.
    9. Re:Unless by Beyond_GoodandEvil · · Score: 2, Funny

      Oh you poor misguided canuck, I do believe you'll be singing a different tune when the Russians come for the oil buried under the artic. Yes, the parent poster was using the American definition of liberal, as in cares too much about what a bunch of european snobs(who care so much about carbon emissions, then use a fleet of private planes to fly to a mountain top retreat to hold a summit) think. Don't get me wrong the other party in the US is no picnic either, they've got God on their side.

      --
      I laughed at the weak who considered themselves good because they lacked claws.
    10. Re:Unless by b04rdr1d3r · · Score: 2, Interesting

      I am not going to comment on the rest of your post (others have already replied), but this "We've liberated the French two times" thing has got to be corrected. While it is an undisputed fact that France would never have been freed from the Nazis without the intervention of the US during WWII, the role the US played in WWI is much smaller... the US only entered the war in 1917, and did not send enough troops to achieve anything the Brits and the French (and the other allies) would not have been able to achieve (albeit at a greater human cost for their side, and with more time). The US contributed to the victory of the Allies in WWI, but certainly did not liberate France !!

    11. Re:Unless by smilindog2000 · · Score: 3, Interesting

      Well, here's an apology: I personally apologize for being an American and not doing more to stop our government from it's recent brainless actions, including invading Iraq, causing a rise in terrorism world-wide, and putting the breaks on democratic reforms in our own country, and others through our own terrible example to the world. I voted against Bush both times, donated $100, to the EFF to help them sue AT&T, and ran bushshitlist.org for a while, to help educate people about his mistakes. And I'm no Republican hater - my favorite president since I've been alive is the Bush Senior.

      Fortunately, even we Americans eventually wise-up. Bush is the most hated president in America since I've been alive (early 60's). I don't bother running bushshitlist.org anymore, because even the National Enquirer now publicizes the stupidity of many of this administrations actions. I've found that Americans fall into several groups, and we have very little mobility between them. The 'religious right' is hard-core in the Bush camp, making up 18% of Americans, and the majority of Bush's remaining meager support. Both Democrats and Republicans split about 20% of Americans that I call "glass eaters": smart people who would rather eat glass than criticize a president from their own party. There are also plenty of stupid people in every country, and we Americans are no exception. You gotta love Brittney Spear's support of Bush, for example. You also gotta love the stupidity of the Dixie Chicks attacking Bush. The dumber of us let actors and performers affect our opinions, and we tend to elect them to high offices. Then, there's a minority of Americans who can make up their own minds, and have at one point supported a Republican or a Democrat, based on their performance. This last category is the largest group, but unfortunately the others tend to outvote us.

      All that said, America is still the world's greatest country, in my not so humble opinion. We've just got some clean-up work to do.

      --
      Beer is proof that God loves us, and wants us to be happy.
    12. Re:Unless by workindev · · Score: 2, Informative

      Simple. It was the Baathists who overthrew and exiled Arif in 1968 who put Saddam into power.

    13. Re:Unless by why-is-it · · Score: 2, Insightful

      >Just about every other nation looks at the U.S. in a bad light these days because we're prudish, invasive, annoying, and hipocritical.
      Hate to break it to you, champ, but it's been that ways since 1789. It ain't going to change anytime soon.

      If I parse your response correctly, you appear to be acknowledging that the US has been prudish, invasive, annoying and hypocritical since 1789, and will continue to be so for the foreseeable future.

      While there is an element of truth there, I'm not sure that is something to be proud of...

      We've liberated the French two times

      FWIW, French intervention was required in order for the American Revolution to succeed.

      Besides, the Americans were YEARS late joining WWI and WWII. The US made an important contribution, but why the delay in getting involved, if these wars were so important? I believe it was Churchill who said that the Americans never get involved in a war until they have determined which side is going to win...

      and they were selling Stinger missiles to Saddam

      So? It is speculated that GWB's grandfather made his fortune selling ammunition to the Nazis. Arms manufacturers will sell to anyone with money. If they were ethically inclined in the first place, they would probably not be dealing in weaponry.

      during the arms embargo via the 'oil-for-food' program, promulgating the largest fraud in world history.

      Fraud larger than Enron or Worldcom? I hope not, because the oil-for-food program was overseen by American administrators...

      You don't think this hatred is idealogical or that these countries don't spy on their own citizens, do you?

      So, because they do something bad, it's OK for your government to do something bad too?

      Or are you a naive libera...oh, nevermind.

      What a witty retort. I was going to make a remark that all neo-cons were inbred rednecks, but I suppose that would be equally understood as well.

      --
      *** Where are we going? And what's with this handbasket?
    14. Re:Unless by the+eric+conspiracy · · Score: 3, Insightful

      A regime change supported by the CIA during the cold war to fill a power vacuum left by the French and British colonial empires when they no longer were capable of playing the role of superpowers in the mideast. Give me a break. Europe has been mucking around fighting wars in that part of the world since before the sack of Baghdad by the sons of Genghis Khan. When Europe finally self destructed as a power in the Middle East due self-immolation in WWII the US had to pick up the pieces to prevent the Stalinists from overrunning Eurasia. Now all of a sudden this was a bad thing to do? Give me a goddam break. If this is the grasp of history that is prevalent in Europe your educational system is MUCH worse than is generally believed.

      We are having and will continue to have major stability problems in the Middle East because of the mess Europe left behind when they ran home with their tails between their legs in the 40's and 50's. Unfortunately, and as usual the US is left to pick up the pieces and pay the bills in both dollars and lives. Now we are hearing COMPLAINTS from the Europeans on how it is being handled? Well, it is YOUR mess, get in there and clean it up.

      What a bunch of hypocritical idiots.

    15. Re:Unless by oojimaflib · · Score: 2, Informative

      It was merely a passing reference to all the Military Intelligence (apologies for the oxymoron), military hardware and advice that the US has never, at any time, sold/given to Saddam Hussein. Especially not during the Reagan Administration (but including the other times when this clearly did not happen)

    16. Re:Unless by orzetto · · Score: 4, Insightful

      We've liberated the French two times [...]

      No you didn't. To begin with I do not think you (singular) served in both WWI and WWII, so stop bragging about "We".

      In WWI the US had hardly a modern army to speak of. The US entered the war late and did little. It may be debated whether they tipped the balance, but it is a fact that Germany and Austria-Hungary were already at the brink of collapse in 1917. And anyway, Germany in WWI was just any nation at war, no better or worse than the other ones. They had not even started the war (Austria-Hungary did), so what's the point in talking of "liberation"? From what? In any case, the US sacrificed very little compared to the British, yet I don't hear the British whine so much about the French being ungrateful.

      In WWII, most of the work to win the war was done by the Soviets. On any reasonable scale (soldiers dead, enemy soldiers killed, land lost, land gained, overall number of dead, ...), the Soviet Union sacrificed much more than the US, even counting in the Pacific theatre where only the US were active. The eastern front saw the two most bloody battles in human history at the same time (Leningrad and Stalingrad), each three times larger than the one in third place (battle of Wuhan). Had the US stayed out, France would have been liberated by the USSR instead of the USA, or it would simply have risen up and taken back sovereignty when Berlin would eventually have fallen to the Red Army.

      So cut the "we saved the world"-crap. The reason the US emerged as a superpower after WWII was that they had gone through two world wars without a single enemy soldier on their terrain, and had entered only when the outcome was almost guaranteed. Just like Switzerland, the US found out that not having armies marching through your country is beneficial to the economy.

      [...] the largest fraud in world history.

      According to Transparency International, the most corrupt politician ever was Suharto, dictator of Indonesia. Do I have to tell you who installed the guy, let him carry genocidal policies including but not limited to the invasion of East Timor?

      You don't think this hatred is idealogical or that these countries don't spy on their own citizens, do you?

      I don't "hate America", I think people (Americans, French, Congolese, Tikopians) who refuse to hear criticism of their own country, stick by the motto "good or bad it's my country", or trust the government (any government) are stupid and a threat to democracy.

      --
      Victims of 9/11: <3000. Traffic in the US: >30,000/y
    17. Re:Unless by gclef · · Score: 2, Funny

      Fortunately, even we Americans eventually wise-up. In other words, Churchill was right:

      You can always count on Americans to do the right thing - after they've tried everything else.
    18. Re:Unless by Laxitive · · Score: 4, Insightful

      Here's the thing, there's probably not much that you need to personally apologize for (I'm guessing here.. I don't know you, who knows). What's missing is a national, formal acceptance of fault. Many in your country need to let go of the idea that accepting a mistake on the part of their country is tantamount to pissing on their graves of their ancestors.

      Without an explicit acceptance of what your country ended up doing wrong, there is little hope of avoiding a repeat of the exact same thing in some other context. How are you, as a nation, going to educate your children so that they don't fall for the exact same trap when some tragedy strikes their country when THEY are the electorate? How is it possible to do this when every single time someone brings up a criticism, some weasel pops out of the waxwork to distract attention towards irrelevant actions by others? How is your personal apology going to combat that?

      Your attitude seems to be one of putting things behind you and moving on.. which is understandable considering the embarassing trauma I'm sure you are suffering from.. but this is the wrong reaction to have. At the very least, your country owes it to the millions of people whose lives were ruined in part because of its actions, to examine what went wrong, reconcile with it, and put in place measures to avoid it. And don't for a second let yourself think that this expectation is somehow limited to just America. Every country has that obligation. Some may live up to that obligation, and others may not, but whether or not some other country holds itself up to a high standard shouldn't be a basis for excusing your own. It may seem to many that America receives an unfair amount of attention on this front.. but for christ's sake.. you're the most powerful nation in the world. Your influence affects EVERYBODY.. so OF COURSE people are going to scrutinize your actions more than the actions of others. You should welcome that, and rise to the challenge, and not run up a tree like a flayed cat.

      Also, don't take this as me personally addressing you. I am speaking towards general tendencies I identify in your country's population, in your media, in your national social identity.

      Now, I'm not sure abut your claim about America being the world's "greatest country", but I'd agree that your country has a many qualities that others could learn from, and that you have great potential.. for both good and bad. Your history is full of examples of both, and pointing out the bad does not detract from the good. Likewise, pointing out the good does not excuse the bad (and neither does pointing out the bad in others), and does not excuse the need for an honest self-appraisal amongst your citizens on the role their country plays in the world. This is one area where your people have been far too lax.

    19. Re:Unless by Clandestine_Blaze · · Score: 2, Insightful

      No company should surrender private communications to the government without a warrant. And if they do, the public can sued them.


      So if the Japanese had discussed the attack on Pearl Harbor amongst themselves but over AT&T phone lines, you're arguing that AT&T should have conspired with the Japanese to keep the attack secret? There's no kind of warrant that applies to foreign enemy powers. Warrants are for criminal prosecutions. Also warrants are issued by judges, and judges are constitutionally excluded from issues involving the waging of war. You're taking the statement out of context. The OP was speaking in the context of the US Government AND the US Populace, not foreign ones. Here was the paragraph with that information:

      It's not that the government shouldn't wiretap their own population. Of course, they should be able to. The FISA courts are secret so that they can get warrants to do this sort of thing. It's when the government doesn't bother getting the warrants that things get illegal. Emphasis mine. It is generally accepted for the government to spy on foreign governments; the United States does it all the time and other countries do it to the U.S. as well. Furthermore, your example is flawed as the Japanese would have never discussed Pearl Harbor over AT&T lines, unless communications were being made to and from the U.S. at some point. Even then, the electronic surveillance statute allows the President to authorize surveillance without a warrant for up to one year only if it is for foreign intelligence information. So in your scenario, a warrant would not be necessary as long as those targeted were Foreign Powers*.

      Foreign Intelligence Surveillance Act - Without A Court Order

      The only requirement then is for the Attorney General to make certification of the requirements - communication between foreign powers where no US parties would be involved - and present it to the House and Senate.

      *Foreign Powers covered in the FISA are defined in 50 U.S.C. 1801(a)(1),(2),(3):
      (1) a foreign government or any component thereof, whether or not recognized by the United States;
      (2) a faction of a foreign nation or nations, not substantially composed of United States persons;
      (3) an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments

      US CODE: Title 50, 1801. Definitions
    20. Re:Unless by smilindog2000 · · Score: 2, Funny

      Yeah, we're kinda like one giant Microsoft Corporation :-)

      --
      Beer is proof that God loves us, and wants us to be happy.
    21. Re:Unless by oliphaunt · · Score: 2, Interesting

      as usual the US is left to pick up the pieces and pay the bills in both dollars and lives.

      Ok, but you're begging the question: why are we there AT ALL? Seriously, why bother? Who cares if it's a mess and they want to kill each other?

      Oh, right, the oil.

      --




      Humpty Dumpty was pushed.
    22. Re:Unless by the+eric+conspiracy · · Score: 2, Informative

      It started with the Crusades, and then as the Turks took over after the Mongols pulled out it became an issue of control of trade routes and economic growth.

      At one time the Ottoman empire stretched well into Europe, including Greece etc.

    23. Re:Unless by conspirator57 · · Score: 4, Insightful

      "I'm not a history buff....I was going to ask why there was all this interest overthere way back when in the 30's-50's as another poster mentioned. I mean, oil from over there wasn't as big a concern back then was it?"

      http://en.wikipedia.org/wiki/United_States-Iran_re lations#The_1950s_and_the_politics_of_oil.2C_a_tur ning_point

      Yes. that's why we helped the Brits depose the democracy in Iran and set up the shah. The whole rationale was that the democratic government there wanted to boot out the British oil companies and run their natural resource exploitation locally on better terms for the locals. You know, a free market, not a demand-side imperial market. Small wonder that bit of hypocrisy (we claim to love democracy and to want to spread it, but topple it when the locals elect leaders that do stuff we don't like) earned us a dark place in the hearts of Iranians.

      We've also done it in Latin America.

      I love hearing interventionist conservatives claim we're spreading democracy and how that's such a good thing when our history is full of American interventionists toppling democracies. It's the elephant in the room that isn't spoken of: they'll blab platitudes about our noble objectives until those we're "helping" decide to do something we don't like. Then we find it more advantageous to throw them back into the tender mercies of despotism.

      And for the record, I'm not a "lib" or "commie" or whatever loaded word you care to use because you disagree with me: I'm an independent with fiscally-conservative, anti-authoritarian, anti-interventionist, libertarian, and constitutionalist leanings.

      --
      "If still these truths be held to be
      Self evident."
      -Edna St. Vincent Millay
  3. what do you do about searching without a warrant by Anonymous Coward · · Score: 5, Interesting

    Several sys admins I know tell me that they routinely get phone calls from folks in the law enforcement community asking for copies of emails and other surveillance. When they ask for a warrant or a national security letter, they never hear back again. How cooperative are we supposed to be? I realize that 200 hours is a lot of work, but how else can we stop freelance investigations and abuse?

  4. Due Process.. by lionchild · · Score: 4, Insightful

    There's a reason it takes over 200 hours to assemble what you need to get a wiretap warrant. Due proccess is meant to insure that honest people have privacy preserved, and that the resources we have are being focused on those who really are potentially criminial.

    Is it perfect? No, probably not. But it's what we have setup now and short-cutting due process isn't the answer to finding a better way.

    --
    Awk! Pieces of eight. Pieces of eight. Pieces of seven... ERROR: General Protection Fault. [Paroty Error.]
    1. Re:Due Process.. by downix · · Score: 4, Insightful

      Indeed. Due process is a concept often forgotten in this day and age, but it was one of the foundations that the United States were founded on. Do things right, or don't do them at all I say.

      --
      Karma Whoring for Fun and Profit.
  5. Um, wha? by downix · · Score: 5, Interesting

    200 hours to get a FISA warrant? No, the FISA system is pretty well documented. If you come to the judge with the right level of evidence, it takes a matter of a pen stroke.

    They might be claiming it takes 200 hours to get that level of evidence but that is very misleading. It took less than 14 hours for the FBI investigators persuing Zacarias Moussaoui to apply for his FISA warrant.

    --
    Karma Whoring for Fun and Profit.
    1. Re:Um, wha? by OpenGLFan · · Score: 4, Insightful

      Agreed. They're not doing 200 hours (or even 200 man-hours) of paperwork -- it shouldn't take a Master's Thesis to get a FISA warrant.

      In fact, the admission that they have to spend an additional 200 hours gathering evidence is a clear admission of wrongdoing on their part. Our Constitution provides security against arbitrary searches and seizures; if it takes 200 additional hours to gather enough evidence to form a mere suspicion of wrongdoing, then the initial justification for the wiretap must be fairly flimsy.

  6. Still using that tired, sad old line? by Sunburnt · · Score: 4, Insightful

    Even as he shed new light on the classified operations, McConnell asserted that the current debate in Congress about whether to update the Foreign Intelligence Surveillance Act will cost American lives because of all the information it revealed to terrorists.

    "Part of this is a classified world. The fact that we're doing it this way means that some Americans are going to die," he said.

    This is ridiculous. It seems reasonable that shadowy international criminal figures assume that their conversations are being monitored. Presumably they know that they're targets of one of the world's most technologically advanced intelligence agencies. That's not even counting the fact that most recent incidents of terrorism have been homegrown, and as likely to be about abortion or good ol' anti-government paranoia as they are about U.S. support for Israel. If it's taking you 200 hours to get a warrant, Mike, then perhaps the government could find some wasted money that might be better spent fixing our overburdened legal system.

    Every time the courts point out that the Constitution might have some bearing on this administration's actions, the "dead Americans" flag gets waved. Nothing new here.

    --
    Tags != Comments, and -1 (Troll) != -1 (I Would Respond Angrily To This Poster So They Must Be Trolling)
    1. Re:Still using that tired, sad old line? by Richthofen80 · · Score: 2, Interesting

      This is ridiculous. It seems reasonable that shadowy international criminal figures assume that their conversations are being monitored.

      Wait, so because potential terrorists know their conversations are monitored, we shouldn't bother monitoring them? that's a pretty weak argument. Yes, terrorists and their funders/enablers etc code their conversations, but the codes can be cracked. Conspirators and criminals still need to communicate, and it would hurt, not help, an investigation to not monitor them.

      During the second world war, each side knew the other was monitoring the communications of the other. but the communications were valuable to the war efforts, so each side eavesdropped, and eventually broke the codes. Just because the Germans or Japanese knew the Allies were intercepting their communications doesn't mean that intercepting them lost any value.

      --
      Reason, free market capitalism, and individualism
  7. Re:100 americans denied due process by folstaff · · Score: 2, Insightful
    It didn't say 100 Americans. It said 100 people living in this country. They are most probably not citizens and they are not entitled to the same rights as citizens.

    Generally, I find fellow citizens are less likely to try to kill us. Cut me off in traffic, sure, destroy the local water plant, no.

  8. Re:100 americans denied due process by Attila+Dimedici · · Score: 2, Insightful

    Except that it is not 100 Americans, it is less than 100 people in the US. That is a subtle, but important difference. It doesn't necessarily make it right, but it is significantly different than 100 Americans. This topic has enough disagreements on principle, that it is important to get the facts right. That difference that I pointed out makes a difference as to what principles are violated (or not)by this wiretapping. Mis-stating the facts makes it harder to find common ground. Mis-stating the facts also increases the likelihood of people dismissing valid arguments because they no longer trust the person making them to not distort things.

    --
    The truth is that all men having power ought to be mistrusted. James Madison
  9. Separation of Powers by E++99 · · Score: 2, Insightful
    FTA:

    But when the ruling had to be renewed in the spring, another judge saw the operations differently. This judge, who McConnell did not identify, decided that the government needed a warrant to monitor a conversation between foreigners when the signal traveled on a wire in the U.S. communications network.

    This is insane. Besides the fact that no sane individual would come to that conclusion, no one but the legislature has the legitimate power to make that decision. The administration has sworn a duty to disregard unconstitutional declarations of judges on this or any other court. If this administration won't stand up to that responsibility, I can't imagine any other administration will in this day and age.
  10. The unanswered question... by Jason+Levine · · Score: 5, Insightful

    Any Bush supporters out there? Ok, asking for a Bush supporter on Slashdot is probably like walking into a Microsoft board meeting and asking how many people run Linux. ;-)

    Still, every time this subject comes up, I ask the same series of question and I have yet to get a reply from any Bush supporters (even when there are Bush supporters replying to the topic). The question is: Would you like the next administration to have unsupervised warrant-less wiretapping capabilities? What if the administration was run by Hillary Clinton? Would you trust her to use it properly and not abuse it.

    Even if you ignore any current abuses of the system (as I'm sure Bush supporters do) and assume that Bush just has our best interests at heart, you can't say the same about the next administration. Or the one after that. To give any branch of government unchecked power is extremely dangerous. It's not a matter of *will* it be abused, but *when will* it be abused. That's why the Constitution set up 3 houses of power (Congress, President, Courts) and gave them the ability to check each other's power. (e.g. Congress can make a law, President can veto it, Congress can override the veto, Courts can strike it down, Congress can pass it as a Constitutional Amendment.) Unsupervised warrant-less wiretapping is unconstitutional and the only way it's being pushed forward is through major FUD. (Americans *WILL DIE* if you don't let us do whatever we want to do!!!!)

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    1. Re:The unanswered question... by Jtheletter · · Score: 3, Informative

      (For example, in what you said, the courts do NOT have the legitimate power to arbitrarily strike down a law.)
      The parent poster never used the term arbitrary, nor implied it, you added that to support your own argument. The courts do indeed have the power to strike down a law if it is unconstitutional or overly broad, etc.; however it must be brought before the court by someone with proper standing, i.e. someone who has been harmed by or prosecuted under said law. To claim that the courts do not have this power is not only wrong, but easily refuted by over a century of case law.
      The problem at hand with the FISA issue is that the wiretaps are being used on Americans, located in America. It is not the cases of purely foreign wiretaps that people have issue with, it is the unsupervised use of them against NON-foreigners that is the problem. And the fact that the administration knowingly and willingly sidestepped mandatory FISA regulations early on in the process? Are they to be left completely unaccountable for that? You seem like a reasonable person who accepts the rule of law, however you also seem to be turning a blind eye to the fact that the very laws and checks you are advocating and believe in have already been breached. Also, the justification for expansion of powers along the lines of "we've stopped/will stop lots of crimes but we can't tell you about any of them" is hardly an acceptable reason for a government supposedly of and for the people. Do you disagree that a system of checks and balances cannot properly function if one side is completely cloaked in secrecy?
      --
      -- I'm not a pessimist, I'm a realist. It's not my fault that life sucks so much. --
    2. Re:The unanswered question... by jahudabudy · · Score: 2, Insightful

      You know, if you truly want to support Bush to this crowd, maybe you should try be a bit less straw-like in your support. That kind of thing typically irritates intelligent people. Since a sib has pointed out another instance, I'll limit myself to this:

      Jason posted Would you like the next administration to have unsupervised warrant-less wiretapping capabilities?

      you responded Yes, the next administration should have "unsupervised" warrant-less wiretapping capabilities of our foreign adversaries.

      Pretty subtle, except that this debate is based around the fact that Americans (as represented by the EFF) are suing ATT/Verizon. Not foreign adversaries. Americans. That's the crux of the issue. American citizens claim that they have been monitored by the US government without due process being followed. If true, that is almost certainly illegal & unconstitutional, despite the Administration's claims of privilege or national security. If it is not, I feel that Congress needs to address whatever legal loophole allows such actions. Others have stated they feel the same. You have avoided voicing your opinion on the matter, choosing instead to weigh in on an orthogonal issue. Which is no more relevant to the discussion at hand than my pizza topping preferences.

      --
      ...sometimes, in order to hurt someone very badly, you have to tell that person terrible lies. - PA
  11. Understandable Misunderstanding by Spamsonite · · Score: 4, Insightful

    There is understandably a tremendous amount of misunderstanding by the American people about how collection targets are designated, and there is a large body of law that governs how the process must take place. While it is true that almost any transmission of data, voice or otherwise, through this country can be monitored, the sheer scale of daily communications quickly renders random sampling useless. Call records are not call recordings - can you imagine just how much storage would be required to save for posterity the billion or so phone conversations that happen each day in this country? Even running a simple query on a database containing recent activity (not the conversation, just the fact that a call happened) can take hours. It is simply not done, both for time and practicality reasons - and because collecting on a non-designated target is very highly illegal.

    Every intel collector and analyst is trained from day one in the law, whether they be military or civilian. They can all quote the name and contents of the document that governs the ways the NSA and our government may designate intel targets both within and without our own borders. Anyone who collects on a target that has not been sanctioned from on-high, even if it is his or her own phone number, is on a fast track to prison.

    The targets that are being monitored within our own borders are so because the trail from overseas led back here. Known terrorists, affiliates, fund raisers, materials providers, etc., made calls to people here in the USA, or people in the USA called them. The foreign phone would already be under surveillance, and of course the connection to the USA should raise questions for any sane law enforcement agency. The law provides for monitoring US citizens in this and other very narrowly-defined cases, though they must still be officially designated as targets, which is not a simple process. Even the warrantless taps only give a day or so of leeway, the government must prove in a hurry that they really need to be listening in or all data must be purged.

    And perhaps the most important reason that you can go through your day without worrying if someone is listening in to you asking your Aunt Bea to bring her special blueberry pie to the family reunion is that analysts are Americans and have Aunt Bea's too, and they have the same expectation of privacy that you have. If they participate in a big-brother system that monitors our populace at a whim, then it's only a matter of time before that system grows and starts to eat its own.

    The intel community is a very paranoid place - both about what others are doing, but incredibly more so about that activities of its own members.

    1. Re:Understandable Misunderstanding by LukeCage · · Score: 2, Insightful

      Why exactly should we believe what you say? What evidence is there of this? Without a warrant, no one knows why or who they government is monitoring. No one knows the programs are in place. Millions get poured into the "national security" coffers and we have no idea how and why this money is used.

      You could easily say in 1968, "Oh don't worry, this stuff is very complicated, we are only using it to protect America from Moscow." Surprise, surprise, by the middle of the 70s it's been revealed that in fact intelligence has been taken on all kinds of people, from Martin Luther King to Nixon's political enemies, far outside the scope of what most Americans find reasonable. That's why we passed the FISA law in 1978, all it says is that you need to get a warrant from a special court to eavesdrop, and you can do it retroactively. This is simply to keep a record and keep tabs on government surveillance. Since 2002 our president has admitted to openly defying this law, which is a felony. It's really that simple.

  12. wHY ADMIT? by redelm · · Score: 4, Interesting
    Do you think the NID just let this slip? Of course not. He's whining and preparing an excuse for the next missed intelligence.


    The fundamental problem is that civil liberties are barely permit after-the-fact punishment of criminals. Many get off because their liberties were violated. That's OK, because the criminal justice system doesn't need to convict everyone, it just needs to act as a deterrent.


    Using the criminal justice system to prevent wrongdoing [terrorism] is not what it was designed to do. Preventative vs investigative. Airtight vs failure-tolerant. It requires unusual actions and far greater intrusion into liberties (esp privacy). Some [frightened] people are willing to sacrifice others liberties (and perhaps their own). Others are not. A fundamental conflict between different people. Politicians can exploit this and choose whichever side they wish.


    Personally, I will not give in to the terrorists. I will not become fearful.

  13. A simple lesson needs to be taught by kwandar · · Score: 4, Insightful

    ... put their executives in jail. I wouldn't stand by and acquiesce to illegal activities, why should they be allowed to, irrespective of who asked?

  14. Illegal surveillance of Americans by harshmanrob · · Score: 2, Insightful

    Who are these Americans that are under surveillance? What a load of crap. No America citizen should be under surveillance by the government unless they got these people on film building bombs or something or records proving they plan to commit terrorist acts.
    Nixon pulled this when he was in office. Misusing the FBI and CIA to spy on Americans who did not agree with the Republican party.
    I cannot say the Democrats are any better. Clinton used the IRS to harass those he hated as well.
    I said it before and I will say it again...if I get one of those National Security Letters, it will be posted right here on slashdot.org and I will take out an Ad in the local paper, get it on dailykos.com, anyone who'll take it. I ain't afraid of these Republican/Christian government fucks.

  15. HEEEELLLLLLL NO! by spikedvodka · · Score: 5, Insightful

    suggests that companies like AT&T and Verizon that "cooperate" with the Administration should be granted immunity from the lawsuits they currently face regarding the issue." If a company illegally gives information (hypothetically about me) to the government, as part of an illegal plan. Not only should I be able to sue their pants off (to the point where I can pay not only for my kids' college education through to 5 PHDs, but also afford to pay to have an OC-3 line run right to my house) but they should be brought up on criminal charges.

    Enough already with this "You so something bad for us and you're safe" bit.

    Soap (check) -> Ballot (Check) -> Jury (Forbidden by Law) -> Ammo?

    I'm not one to advocate for violence, but ya'know... when you have eliminated the impossible (or ineffective in this case) whatever remains...

    this makes me mad
    --
    I will not give in to the terrorists. I will not become fearful.
    1. Re:HEEEELLLLLLL NO! by E++99 · · Score: 2, Interesting

      If a company illegally gives information (hypothetically about me) to the government, as part of an illegal plan. Not only should I be able to sue their pants off (to the point where I can pay not only for my kids' college education through to 5 PHDs, but also afford to pay to have an OC-3 line run right to my house) but they should be brought up on criminal charges.

      Based on what damages? I'm just curious. If you found out that AT&T helped the NSA listen to your phone calls, would that cause you $1 million in emotional damage or something?
  16. Re:what do you do about searching without a warran by Saint+Aardvark · · Score: 5, Informative

    I'm stealing this from training I went to at LISA last year: you tell the LEO (law enforcement officer) politely, but firmly, that as company policy you're happy to help, but all such requests must be directed to the legal department.

    The legal dep't will look at it and decide what to do, and then you do it. They know their job, you know yours; they don't make decisions about storage capacity or OS support, and you and I don't make decisions about constitutionality or legality. And if/when you've got the information they're looking for, you pass it back to the lawyers and they hand it over to the LEO.

    This covers your ass, your company's ass, and the LEO's ass (assuming you or your friends aren't being socially engineered). Any LEO should be happy to talk to the lawyers.

    Now, all that said...I realize that this leaves out questions of conscience. If Mark Klein hadn't had spilled the beans, we'd have been a lot longer finding out about this problem. But as a rule, I think those situations are rare; most law enforcement stuff is <handwave>your garden variety stuff -- robbery, fraud, yadda yadda</handwave> (sorry, no citation to back that up) -- and the odds of being involved in something truly offensive is pretty slim. I hope it stays that way.

  17. Am I nuts or has tinfoil really become necessary? by bjk002 · · Score: 2, Insightful

    short-cutting due process isn't the answer to finding a better way.

    When did we the people give permission to a company (ANY company), the right to spy on us? IANAL but my god everything I do know about law treats a corporate entity as a person when it comes to political speech, etc... How can one person legally spy on another? Short answer: They CAN'T!!

    This is NOT about due process at all, this is about constitutionally protected RIGHTS! Where is the outrage? How can we be sitting here on /. even having this conversation? We should all be in the streets of DC shutting the capitol down until this S**T is resolved. Have we become so comfortable in our lives here in the US that we really just don't care anymore at all?!?

    The NID and his cronies can get these warrants retroactively, due process only enters into it after our rights have been violated in the first place. STOP CRYING ABOUT HOW LONG IT TAKES FOR THE WARRANTS! What the **** does that have to do with the color of the sky? I don't care if it takes you 40000000000000 hours to get your warrants, I pay taxes to pay for that. But I guess I'm another nut job who cries every time the wind blows. Fine...

    I won't be unreasonable. I'll live with retroactive warrants.

    I won't be unreasonable. I'll live with a company of my government's choosing being allowed to conduct surveillance on me without consent or due process.

    I won't be unreasonable. I'll pretend I don't notice camera's in every public place, satellites looking down on my every move, and a government funded spy agency directed at its citizenry.

    I won't be unreasonable. I'll choose not to remember that my president (or any of his friends) are at any time able to label a citizen as an Enemy Combatant and lock them away without access to the courts.

    I won't be unreasonable. I'll shut my mouth while the president is allowed to conduct war againsst anyone he chooses, regardless of intent or purpose, despite the will of the people.

    I won't be unreasonable. I'll just swallow my frustrations as my government provides HUGE tax incentives and monies to HIGHLY PROFITABLE companies run by friends of political figures.

    I won't be unreasonable. I'll just not pay attention as our government writes more and more laws in an attempt to control behavior and actions of it citizens.

    I won't be unreasonable. I'll just ignore that more and more of our citizens are being locked away in prisons for arbitrary crimes and that our prison system has a greater percentage of the population housed within those prisons that any other time in history.

    I won't be unreasonable. I'll just look the other way as we round up classes of citizens and non-citizens and place them in camps so as to protect the public.

    ...

    I won't be unreasonable. I'll be quiet as our once great and noble country is thrown away at the behest of those who have managed to dupe the public into believing that they are at all in control of themselves anymore.

    I cry for our children and the mess we have ALL made.

    --
    Opinion:=TMyOpinion.Create(Me);
  18. Re:100 americans denied due process by spikedvodka · · Score: 4, Informative

    It didn't say 100 Americans. It said 100 people living in this country. They are most probably not citizens and they are not entitled to the same rights as citizens.

    Generally, I find fellow citizens are less likely to try to kill us. Cut me off in traffic, sure, destroy the local water plant, no.

    Funny... I don't remembering anything in the constitution that says that "civil rights are only for citizens" my understanding was that the laws applied equally to everybody in the country, Citizen, visitor, illegal alien.

    I find the concept that "They are not entitled to the same rights as citizens" a very common, and disturbing concept.

    That being said, there are some very specific rights, that are explicitly awarded to citizens (see the 26th amendment), for example the right to vote. the fact that other rights don't explicitly state that they are for citizens, would very strongly imply that they are for all people in the country
    --
    I will not give in to the terrorists. I will not become fearful.
  19. BAD SUMMARY? by AtariDatacenter · · Score: 2, Informative

    The truth gets lost when you try to reword officials in this adminstration. I can't find links to what was actually said, but here is what The Washington Post and other sources have reported. My emphasis added:

    "Law enforcement officials are targeting fewer than 100 people in the United States for secret court-approved wiretaps aimed at disrupting terrorist networks, the top U.S. intelligence official said in an interview published yesterday."

    Given the clever wordplay of the Bush administration, should we assume that there have been 100 wiretaps, or should we believe they're being clever with their words (again) and there are 100 wiretaps aimed at disrupting terrorist networks, but an unknown number of warrantless wiretaps for other purposes?

  20. Re:My guess.... by AtariDatacenter · · Score: 4, Insightful

    Despite your typos, I'd mod you up if I had the points. I didn't see them specifiy if it was wall clock hours or man hours. (I suppose you could further argue that they don't specify if any part of the man-hours are counted again for a different warrant, or if these were dedicated and discrete man hours to this. Much less how far down into the indirect support roles are included.)

    So 200 hours could mean that someone entered something onto a screen in a computer system in five minutes and it was done. But they go back and count the time it takes to maintain the system, the techs to actually do the work, the approval process with multiple people, etc etc.

    Or it could mean that from the time the process started, it takes 8 days for the wiretap to be in place.

    Either way, I think this is a number used to create an impression rather than to convey any meaningful information.

  21. Lawsuits by phoenixwade · · Score: 2, Insightful

    I don't really care if the lawsuits go through or not.... But, I do believe that if we REALLY cared about these lawsuits, we'd change providers. Nothing is going to tell the business world we want our rights respected like taking our money from those that do not to those that do.

    This is the reason the current administration is so secretive, they feel that the American people wouldn't stand for some of the things they are doing if it was known.

    They feel that they have to do it whatever way they are doing it to do it right.

    Therefore, the American public doesn't need to know.

    Although I don't agree, I have to say there is some merit to this idea. This is our fault, though, not the administrations. We, as a whole, have a lemming mentality. The group is easily manipulated by fear, and by spin. It's too much to ask for, I suppose, that the average American spend as much time thinking about personal rights and freedoms as they do on a new car purchase. Come to think of it, I don't want that either. I was looking for an example of something the average Joe would think on a lot before making a purchase, and the realization hit me that we, again as gross averages, buy cars, hire doctors, buy food.... All on impulse.... I'm so depressed....

    My girlfriend just pointed out that we spend a lot of time thinking about Celebrity sex. I could use that as a comparison.... Now, I'm REALLY depressed...

    --
    A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort.
  22. Wait, there's an NID? by Mercano · · Score: 3, Funny

    Wait, there's really an NID? I thought it was just something they made up for Stargate and staffed with former Star Trek cast members.

    --
    #include <signature.h>
  23. Evidence of Abuse. by twitter · · Score: 2, Informative

    You are lost in specifics of legitimate business and have missed evidence of political abuse of process. The ties between corporate and government intelligence allow routine, unreasonable search. Government agents are also being used for political purposes though illegal wiretaping and other programs. You might have noticed the screening portion of Bush "crowd control", where political opposition is excluded from public events. Detailed records are being kept for innocent Americans, and we have dipped so low as to spy on our own churches. These unAmerican practices were expressly outlawed in the wake of Watergate and other scandals. The president who signed those laws, claims they are being broken. This is a waste of your money and it will be used against you in business. Ultimately, this kind of abuse is all about economic advantage.

    --

    Friends don't help friends install M$ junk.

  24. "Dead Americans" is a Lie. by twitter · · Score: 2, Interesting

    Members of the FISA think Bush has done more harm than good.

    Federal Judge Resigns From Spy Court, Three More 'Deeply Upset' ... The Bush administration's decision to sometimes bypass the secretive U.S. court that governs terrorism wiretaps could threaten cases against terror suspects that rely on evidence uncovered during the disputed eavesdropping ... unprecedented resignation from the government's spy court by U.S. District Judge James Robertson as an indicator of the judiciary's unease over domestic wiretaps ordered without warrants under a highly classified domestic spying program ...

    "This was definitely a statement of protest," agreed Scott Silliman, a former Air Force attorney and Duke University law professor. "It is unusual because it signifies that at least one member of the court believes that the president has exceeded his legal authority."

    In this case, the "Dead Americans" flag should be thrown in the face of those who support abuse of process. When you abuse the legal system for political and economic advantage, you debase the system and impede it's function. The further from rule of law you get, the less justice you will see. A corrupt system is an expensive farce.

    --

    Friends don't help friends install M$ junk.

  25. Sloppy Mistake or Sly Lie by toddhisattva · · Score: 4, Funny
    From the article,

    McConnell also revealed that fewer than 100 people inside the United States are monitored under FISA warrants. From the submission,

    He also claims that only 100 Americans are under surveilance The submitter assumed, or purposely misinterpreted, "100 people inside the United States" to mean "100 Americans." The first is a sloppy mistake, the second is a deliberate lie.

    There are many people inside the United States who are not Americans. The communications laws (IIRC from my work and play in the industry) use the broadly expansive category "US persons" which means anybody physically in the country.

    There are green card holders and other legitimate workers, resident aliens of all kinds, and illegal aliens, just to name a few.

    Other non-American inside the USA include students, tourists, and Democrats.
  26. Re:How sad some of you are by knewter · · Score: 2, Insightful

    Yeah, if it wasn't clear I was pro-individual-liberty with my big mac comment, I guess I'll just try to state that unequivocally. I feel strongly about your rights. I would fight for them, not because I love you but because I love truth and justice. Similarly, I would fight for your or anyone else's right to eat a big mac if you'd like. That is all.

    --
    -knewter
  27. Re:Lawsuits? Aren't they forgetting... by Anonymous Coward · · Score: 2, Insightful

    I suggest they should all be executed for undermining the Constitution.
    Which bit, exactly? I've read it many times, and I still can't find a bit that says it's not constitutional to tap somebody's phone if you have a warrant. In fact the fourth amendment makes it explicitly constitutional to violate people's privacy in far more fundamental ways, such as searching their person or possessions, if there is a good reason to believe that this is essential for the wellbeing of the state.

    I know it's fashionable these days to pretend that anything the Bush administration does is unconstitutional, but all I can say is that I'm saddened and disappointed that so many Americans understand so little about the document that our great nation is founded upon.
  28. Re:Lawsuits? Aren't they forgetting... by davester666 · · Score: 2, Insightful

    I suggest they should all be executed for undermining the Constitution.
    Which bit, exactly? I've read it many times, and I still can't find a bit that says it's not constitutional to tap somebody's phone if you have a warrant. In fact the fourth amendment makes it explicitly constitutional to violate people's privacy in far more fundamental ways, such as searching their person or possessions, if there is a good reason to believe that this is essential for the wellbeing of the state.
    Um, isn't this controversy about: a) them NOT getting warrants for the wiretaps and b) listening to American phone calls [because foreigners have no rights].
    --
    Sleep your way to a whiter smile...date a dentist!
  29. Re:Lawsuits? Aren't they forgetting... by myyrk · · Score: 2, Insightful

    Which bit, exactly? I've read it many times, and I still can't find a bit that says it's not constitutional to tap somebody's phone if you have a warrant.

    Reread the article and pay attention to the warrantless part, it means without a warrant.

    Reread the constitution and pay attention to the warrant part, it means with a warrant.

    Put the those together and come up with two, not three.

    but all I can say is that I'm saddened and disappointed that so many Americans understand so little about the document that our great nation is founded upon.

    but all I can say is that I'm saddened and disappointed that so many Americans understand so little about reading comprehension.