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Telco Immunity Goes To Full Debate

Dr. Eggman notes an Ars Technica analysis of the firefight that is the current Congressional debate over granting retrospective immunity to telecoms that helped the NSA spy on citizens without warrants. A Republican cloture motion, which would have blocked any further attempts to remove the retroactive immunity provision, has failed. This controversial portion of the Senate intelligence committee surveillance bill may now be examined in full debate. At the same time, a second cloture motion — filed by Congressional Democrats in an effort to force immediate vote on a 30 day extension to the Protect America Act — also failed to pass. The Protect America Act has been criticized for broadly expanding federal surveillance powers while diminishing judicial oversight. While the failure of this second cloture motion means the Protect America Act might expire, a vote tomorrow on a similar motion in the House will likely bring the issue back into the Senate in time. It seems, according to the article, that both parties feel that imminent expiration of the Protect America Act is a disaster for intelligence gathering, and each side blames the other as progress grinds to a halt."

154 comments

  1. Hmm by chuckymonkey · · Score: 1, Insightful

    If it passes I wish that I had enough money to hire a lawyer and take this law to the Supreme Court as I do believe that somewhere in some old document called the Constitution it say something about not passing laws ex post facto. It's not like it'd be hard to win either, it's pretty clear about that in the Constitution, unless everything is truly corrupted and there's just no hope left.

    --
    "Some books contain the machinery required to create and sustain universes."-Tycho
    1. Re:Hmm by zappepcs · · Score: 3, Insightful

      Never mind ex post facto for a minute. The Protect America Act has been in place how long? What has it accomplished? What? For all these rights that have been trampled, what has been gained? What? Name one positive good outcome from it?

      Perhaps it's time to remind your representatives that you want some ROI here. My constitutional rights are very expensive. If their abuse of my rights does not land bin laden in jail, or bolster the free world by some provably huge fscking margin, then I'm going to want to see rolling heads. So far... I'm thinking of rolling heads (figuratively speaking... say hello to the nice FBI agents)

    2. Re:Hmm by Anonymous Coward · · Score: 0

      unless everything is truly corrupted and there's just no hope left.

      Sorry, no hope left. The supreme court has made it pretty clear what the meaning of the ex-post facto law is: nobody can be tried for an action that was legal at the time but became illegal later (unless it was kiddie porn, that case itself set a major precedent now generally known as "entrapment"). Making illegal things legal again is perfectly fine.

    3. Re:Hmm by Anonymous Coward · · Score: 0, Troll

      Hmm, well, since your family hasn't been consumed by the white-hot aftermath of an Islamic terrorist's suitcase nuke, I'd say it has accomplished quite a bit, wouldn't you?

    4. Re:Hmm by Shakrai · · Score: 4, Insightful

      it say something about not passing laws ex post facto

      Umm, IANALOCLS (I am not a lawyer or Constitutional Law Scholar), but my understanding has always been that only prevents the Government from passing retroactive laws that criminalize events in the past... i.e: if alcohol prohibition is passed tomorrow they can't punish me for drinking today. It doesn't prevent them from retroactively decriminalizing something.

      Granted, it's a load of shit that they are even considering immunity for these bastards, but I still think you'd lose if you tried to argue against it on the basis of ex post facto laws.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    5. Re:Hmm by easyTree · · Score: 1

      For all these rights that have been trampled, what has been gained?

      Uhh? people have less rights - what more do you want? - and, by virtue of all the hoo-hah (tm) "omg, there's a terrorist behind you", people are afraid. I seem to recall someone mentioning that a fearful electorate is easier to control. So, there you have it - mission accomplished.
    6. Re:Hmm by flappedjack · · Score: 5, Informative

      Ex post facto (Latin for "after the fact") means that a person cannot be prosecuted for violating laws passed after he/she committed an act. So if I were to call Congress a bunch of asshats, and 3 days later Congress were to pass a law banning all mockery of that very august body, I still could not be prosecuted. (And all of that could happen, because most members of Congress are, as we all know, asshats.) But ex post facto says nothing about being granted immunity after the fact. Basically, there is nothing in the constitution that prevents the government from selling out to corporations, even retrospectively. Damned asshats.

    7. Re:Hmm by vastabo · · Score: 2, Insightful

      You wouldn't have standing to sue unless you could prove: 1) That'd you'd been surveiled 2) That the surveillance had caused you harm--which, incidentally, is the point of the legislation in the first place.

    8. Re:Hmm by jackbird · · Score: 1
      Did I miss the announcement that one had been intercepted? Or the telecast from the parallel universe where there was no such law showing the devastation?

      If the absence of a negative outcome is proof to you, I'll be sending you a bill shortly for my hard work preventing you from getting cancer.

    9. Re:Hmm by drsmithy · · Score: 0

      Never mind ex post facto for a minute. The Protect America Act has been in place how long? What has it accomplished? What? For all these rights that have been trampled, what has been gained? What? Name one positive good outcome from it?

      Well, have you been killed by terr'ists yet ?

      (There's a huge market out there for tiger-repelling rocks as well...)

    10. Re:Hmm by ultranova · · Score: 1

      If the absence of a negative outcome is proof to you, I'll be sending you a bill shortly for my hard work preventing you from getting cancer.

      As it happens, the effectiveness of intelligence against terrorists can be measured objectively by simply enumerating the terrorists caught, bombs or other means of terror confiscated, or nefarious schemes exposed using information gathered from said intelligence. So, anyone got any statistics on those ?

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    11. Re:Hmm by nschubach · · Score: 1

      I'm sure the numbers are protected for "National Security."

      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
    12. Re:Hmm by jo42 · · Score: 0, Troll

      so that they can hide how inffective this whole boondogle has been - except for the war profiteers which have made hundreds of billions of dollars off it.

    13. Re:Hmm by The+Spoonman · · Score: 2, Interesting

      While we're on the topic, I have a rock I can sell you that will protect you from tigers. Since I found this rock, I have not been attacked by a single tiger, so its effectiveness is 100%. You'd be a fool to pass it up.

      --
      Which is more painful? Going to work or gouging your eye out with a spoon? Find out!
      http://www.workorspoon.com
    14. Re:Hmm by Phisbut · · Score: 1

      If it passes I wish that I had enough money to hire a lawyer and take this law to the Supreme Court as I do believe that somewhere in some old document called the Constitution it say something about not passing laws ex post facto. It's not like it'd be hard to win either, it's pretty clear about that in the Constitution, unless everything is truly corrupted and there's just no hope left.

      I'm no specialist in US Constitution, but I'd be curious to see where that is said. I always thought that the constitution prevented you to be accused of a crime that was commited before it was legally a crime, but I never thought it applied to the opposite, as in, if it was a crime then and you weren't tried yet, and it's not a crime anymore, you might be off the hook. Basically, a new law can't make you "more guilty" for what you've done, but it could make you "less guilty".

      --
      After 3 days without programming, life becomes meaningless
      - The Tao of Programming
    15. Re:Hmm by Hal_Porter · · Score: 1
      http://en.wikipedia.org/wiki/Article_One_of_the_United_States_Constitution#Section_9:_Limits_on_Congress

      No bill of attainder or ex post facto Law shall be passed. However pardons are not unconstitutional. So it seems like ex post facto law only applies to criminializing past actions, not legalizing them as you say.

      If the law doesn't pass, Bush could just pardon the telcos before he leaves office.
      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    16. Re:Hmm by Anonymous Coward · · Score: 0

      Every once in a while they bust a "terrorist" plot. Usually just when the president needs to distract the public. Ever single plot has involved a government informant egging the plotters on and there's be no evidence that the people arrested would have been a problem without help from the government. They often say the Patriot Act was critical for these busts, but since they had an inside man, I highly doubt it.

    17. Re:Hmm by dosius · · Score: 1

      Homer: Not a bear in sight. The Bear Patrol must be working like a charm.
      Lisa: That's spacious reasoning, Dad.
      Homer: Thank you, dear.
      Lisa: By your logic I could claim that this rock keeps tigers away.
      Homer: Oh, how does it work?
      Lisa: It doesn't work.
      Homer: Uh-huh.
      Lisa: It's just a stupid rock.
      Homer: Uh-huh.
      Lisa: But I don't see any tigers around, do you?
      [Homer thinks of this, then pulls out some money]
      Homer: Lisa, I want to buy your rock.
      [Lisa refuses at first, then takes the exchange]

      source

      -uso.

      --
      What you hear in the ear, preach from the rooftop Matthew 10.27b
    18. Re:Hmm by fangorious · · Score: 2, Informative

      The immunity is from civil suits, but the presidential pardon is for criminal prosecution/conviction.

    19. Re:Hmm by squidguy · · Score: 1

      ...What? Name one positive good outcome from it?
      Perhaps it's time to remind your representatives that you want some ROI here.
      Do you seriously believe any such results would be released legally within the public domain? More likely to be a topic of discussion in closed testimony before Congress.

    20. Re:Hmm by mstahl · · Score: 1

      Mr. Spoonman, I would like to buy your rock....

    21. Re:Hmm by squidguy · · Score: 2, Insightful

      How is the previous post a troll? Believe what the AC is trying to say is that since there have been (apparently) no more attacks of 9-11 scope carried out in the US, perhaps, just perhaps, the program is working.

    22. Re:Hmm by Anonymous Coward · · Score: 0

      Hmm, well, since your family hasn't been consumed by the white-hot aftermath of an Islamic terrorist's suitcase nuke, I'd say it has accomplished quite a bit, wouldn't you? Nope, but how about just my in-laws? I can give you their address.
    23. Re:Hmm by The+Spoonman · · Score: 1

      ...and subscribe to my newsletter? :)

      --
      Which is more painful? Going to work or gouging your eye out with a spoon? Find out!
      http://www.workorspoon.com
    24. Re:Hmm by xerxesdarius · · Score: 1

      "My constitutional rights are very expensive." My constitutional rights are not for sale.

    25. Re:Hmm by MightyMartian · · Score: 1

      You see, that's the beauty of the Administration's "anti-terrorist" measures. Any statistics would be deemed classified due to national security, and thus, only your grandkids will likely be able to answer the question. In the meantime, you can either believe the politicians, or you don't. Neither view can be confirmed. It's a big information black hole.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    26. Re:Hmm by SeattleGameboy · · Score: 1
      Actually, you would have almost not chance of winning with the current Supreme Court.

      This court has struck down time and time again in any case where a person who brings the lawsuit cannot demonstrate that they have been harmed (mostly on controversial cases that they don't want to deal with).

      And since the warrantless wiretaps were done in secret and there is no chance that you can find out whether or not your phone was tapped, and thus, you would have no standing in the eyes of this Supreme Court. Thus, Bush Administration can continue to whatever they want as long as they do it in secret. This is also precisely why every American citizen should be outraged at the current (non) legal status at Guantanamo as that serves as a basic template on how to take away your Constitutional rights.

    27. Re:Hmm by Henry+Pate · · Score: 1

      The entire purpose of the Constitution was to enumerate what the Federal Government CAN do. So if it isn't stated in the Constitution they don't have the right to do it.

      At least that is how it was supposed to work.

      --
      Si Hoc Legere Scis Nimium Eruditionis Habes
    28. Re:Hmm by d34thm0nk3y · · Score: 1

      How is the previous post a troll? Believe what the AC is trying to say is that since there have been (apparently) no more attacks of 9-11 scope carried out in the US, perhaps, just perhaps, the program is working.

      Because there is no -1: Specious moderation.

    29. Re:Hmm by 0p7imu5_P2im3 · · Score: 1

      That assumes that our grandkids won't be organized into grain work camps by King Richard Cheney, III, where they are forced to farm grain to an export quota before they are allowed to eat any of it.

      In order to remove all doubt: yes, I am suggesting that the current removal of Constitutionally granted rights is leading the United States of America to become the "United Socialist-Democratic States of America," which basically means a fascist government controlling the people while holding up the Constitution as a "Holy Document" and making reading of such document treason.

      Our nation's government is turning into the very terrorists from which they claim to be protecting us.

      Anyone else notice the peculiar turn outs in the early primaries? Someone debugging some "special" software?

      You'll forgive me for being too sick to my stomach to continue in the conversation.

      --
      Resistance is futile. Your technological distinctiveness will be added to our own. You will become one with the morgue
    30. Re:Hmm by 0p7imu5_P2im3 · · Score: 1

      If by "august body," you mean like August Caesar, you may have hit the nail on the head. As George Lucas so excellently (or horribly as the opinion may swing) imitated in Star Wars Epsiodes I-III, a caesar, I forget which, convinced the Roman Senate to give him more powers, for use in defense of the nation, of course, and eventually, when the Caesars had enough power, one abolished the Senate.

      Now when's the last time we conducted any trade with Rome? Anyone see a pattern here?

      Those who remain ignorant of history are doomed to repeat it.

      --
      Resistance is futile. Your technological distinctiveness will be added to our own. You will become one with the morgue
    31. Re:Hmm by onemorechip · · Score: 1

      As it happens, the effectiveness of intelligence against terrorists can be measured objectively by simply enumerating the terrorists caught

      Sounds like the sort of thing that would give government an incentive to capture a bunch of people and lock them up without holding trials, counting them all as terrorists. Good thing we have something called habeas corpus, so that can never happen here.

      Oh, wait...

      --
      But, I wanted socialized health insurance!
    32. Re:Hmm by lordSaurontheGreat · · Score: 1

      Beyond that, it's the consitutional perogative and duty of the DOJ to oversee all activities from all other branches of government. I think that some of these congresspeople need to be kicked out of office permenently by the DOJ for direct attempt at circumventing the Judicial Oversight clause, and for blatantly breaking constitutional law. Remember, the Supreme Court cannot try its own cases. You need to bring the scumbags to them.

      --
      Consider yourself spoken to.
    33. Re:Hmm by Safety+Cap · · Score: 1

      My constitutional rights are not for sale.

      Maybe not by you, but the Security Theater Lobbyists got 'em for a song.

      Just think about that the next time you fly and you submit to giving up your 4th & 5th amendments at the shoe-removal/pat-down/keys-in-the-cup portal.

      --
      Yeah, right.
    34. Re:Hmm by billcopc · · Score: 1

      If it passes, I wish you had enough money to leave the country and find a more respectable place to live. The way things are going, each passing day the USA's future looks evermore bleak and regressive.

      --
      -Billco, Fnarg.com
  2. Protect America Act... by dreamchaser · · Score: 5, Insightful

    I really wish they would start giving honest descriptive names to Bills, rather than marketing names. Seriously, just like the new 'Economic Stimulus' bill, that should be 'It's an Election Year, here's a handout that won't really affect the economy much'. Bills to impose new taxes should have names like 'Bend over for us please' or 'Yeah, we're screwing you again.'

    If it looks like a duck and quacks like a duck, stop calling it a peacock. Yes, I know it will never happen. One can fantasize.

    1. Re:Protect America Act... by redelm · · Score: 1
      bills _are_ honestly named. Honest from the PoV of the dissembling namers. So just invert.

    2. Re:Protect America Act... by Anonymous Coward · · Score: 0

      Or let opponents of the bill name it. Since they probably won't fly, requiring that everyone refer to it by a bill number would probably be a reasonable compromise.

    3. Re:Protect America Act... by durdur · · Score: 1

      I really wish they would start giving honest descriptive names to Bills

      My personal favorite:
      "Personal Responsibility and Work Opportunity Reconciliation Act of 1996" (aka Welfare reform). Sounds better than, say the "Throw Mom & Kids Off the Dole Act of 1996".
  3. More surveillance and less oversight? by IndustrialComplex · · Score: 1

    More surveillance and less oversight?

    Who could vote no?
    And after it takes effect, who would dare to vote no?

    --
    Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    1. Re:More surveillance and less oversight? by Shakrai · · Score: 5, Funny

      First they came for the first posters, but I wasn't a first poster so I didn't speak up.

      Then they came for the people with hot grit fetishes, but I wasn't into that so I didn't speak up.

      Then they came for the beowulf clusters, but I couldn't afford one so I didn't speak up.

      Then they came for the immigrants from Soviet Russia, but I wasn't from Soviet Russia so I didn't speak up.

      Then they came for the people posting lame jokes based on tired old /. cliches... by this time there was nobody left to spea&*)$)(*&@(*)@*(&%&OICARRIER LOST

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
  4. Great by Kagura · · Score: 0

    Now we can't retract the retrospective immunity they were granted without possibly undermining the US government's promises even further... not that the telcos should have necessarily been granted it in the first place, but now there is another thing that is catching us up.

  5. Retroactive immunity by Malevolent+Tester · · Score: 1

    Belongs in the same category as retroactive prosecution and bills of attainder - things your Constitution bars, doesn't it?.

    --
    If you haven't made a developer cry, you've wasted a day.
  6. Not surprising by Tibor+the+Hun · · Score: 2, Interesting

    Immunity for the mercennaires, immunity for the snitches, -- leaves no room to hide for the real criminals - me and you buddy.
    As those cowardly French say: eqality, liberty, and fraternity...

    --
    If you don't know what AltaVista is (was), get off my lawn.
    1. Re:Not surprising by NeutronCowboy · · Score: 2, Insightful

      Actually, it's liberty, equality, fraternity. As someone states in his sig, this makes for an interesting set of priorities... too bad neither the french nor the americans seem to follow that set of priorities.

      --
      Those who can, do. Those who can't, sue.
  7. It's not that each person is evil by n3tcat · · Score: 4, Insightful

    Just remember, when you are reading about the fall of the American constitution that it's not because any person involved is inherently bad. Quite the opposite. Most of them are good. They love America generally speaking and want the best for their people. They have to. Power only works when you respect the people you control. When you approach each person involved in this situation and ask them just what the fuck are they thinking, they would probably tell you, and honestly at that, that they are doing the best they can for the people they represent.

    I'm not saying stupidity is an excuse. I'm just saying that the supposed "inherent evil" that people want to believe politicians all possess isn't the problem. The problem is political ignorance and an extreme distance from reality that accompanies the higher eschelons of power.

    This is also, I would imagine, why the fore-fathers imagined a country run by the stronger states, not controlled by a stronger federal government. Keep the power closer to the people, at lower levels, and the reality is much harder to miss.

    1. Re:It's not that each person is evil by mbone · · Score: 2, Interesting

      Power only works when you respect the people you control.

      It is fair to say that my experience of the world does not provide much support for this notion.

    2. Re:It's not that each person is evil by n3tcat · · Score: 1

      It is fair to say that my experience of the world does not provide much support for this notion. It sounds to me like you are thinking of the illusion of power. The ability to change the environment around you based entirely on people's misconception that you are actually in control works only so long as people don't realize the truth. In fact power works this way regardless, but when the time comes that your actual power vs percieved power comes into question, if the respect is not there, the power will most likely not last long.

  8. Real peace at last? by miffo.swe · · Score: 3, Interesting

    With the US going in the opposite direction of China, Iran, North Korea etc they will in a short timeframe meet halfways. We will have a world where the western world inches towards the banana republics and opressors while they go slowly towards democracy. This is interesting times to live in. One cant stop wondering if it will stop halfways or if a time down the road we westerners will be the new "muslims".

    --
    HTTP/1.1 400
    1. Re:Real peace at last? by Shakrai · · Score: 2, Informative

      With the US going in the opposite direction of China, Iran, North Korea ... while they go slowly towards democracy

      Uhh, yeah, I'll grant that on Iran (with the students and young moderates) and maybe even China, but North Korea???

      One cant stop wondering if it will stop halfways

      It'll come back around. Look at some of the laws that got put on the books is the US and UK during WW2. Hell, look at some of our actions during that time. Hell, look at some of what happened after the war.

      Point being, that in spite of all of that, it eventually came back around towards freedom and liberty. I see no reason why it won't do so again as long as we continue to fight for our rights.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    2. Re:Real peace at last? by bughunter · · Score: 1
      Yep. America is spreading the hope of freedom, alright.

      Mind you, not by establishing liberty abroad, but by redefining freedom at home.

      --
      I can see the fnords!
  9. It's Orwellian is what it is by Nursie · · Score: 3, Insightful

    Was thinking along the same lines myself. It's scary stuff though. Take the PATRIOT act. It contains a lot of nasty, freedom stealing measures, extensions of government power etc etc.

    But it got through. Why? Because in a time of national panic (9/11) you wouldn't vote against an act called the Patriot act would you? You are a patriot aren't you?

    Jingoism and marketing need to die.

    1. Re:It's Orwellian is what it is by tritonman · · Score: 1

      On top of that, if you vote against the "Protect America" act, then you obviously want to see harm done to America, so if the bill passes, you will be the first on the list, the thought police will be staking out your house the very next day.

    2. Re:It's Orwellian is what it is by Malevolent+Tester · · Score: 3, Insightful

      Equally, in Britain, who wouldn't support the Anti-terrorism, Crime and Security Act 2001?* There's something tragic about the way that on both sides of the Atlantic, our shared culture has lost or is losing all the things that made it great - individual liberty (and it's twin, responsibility), cultural confidence, distrust of authority and the same bullheaded stubbornness and refusal to submit that is the common factor from Hereward the Wake through to a few thousand men sitting shivering, starved and diseased in Valley Forge.

      Ubi sunt qui ante nos fuerunt, indeed.

      *Though at least our bills don't sound like something invented by 8 year old children.

      --
      If you haven't made a developer cry, you've wasted a day.
    3. Re:It's Orwellian is what it is by Nimey · · Score: 1

      Interesting! I'd never heard of Hereward the Wake before, and I like to think I'm literate in history.

      --
      Hail Eris, full of mischief...

      E pluribus sanguinem
    4. Re:It's Orwellian is what it is by Anonymous Coward · · Score: 0

      Actually, it wouldn't be all that difficult, except for the resistance of the lazy asshats themselves to legislation that would actually force some favorite disingenuous tactics into the light of day, and prohibit them.

      Several Scandinavian countries (folks from those countries please chime in with details, I'm too busy to Google for them, atm) have laws requiring that titles of bills/prospective laws must meet specific descriptive guidelines, and prohibit titles that make cute acronyms (whether to misrepresent their contents or not). It may make it (even more) boring, but it prevents the very jingoistic nonsense we see on a daily basis.

      Much more importantly, they have laws that require a law address only a single topic and purpose, prohibiting non-relevant amendments, a favorite tactic of our own lawmakers to hide things they don't want to be debated in otherwise unrelated bills, or to attempt to scuttle legislation they don't like by adding an (often unrelated) amendment the majority will find unacceptable.

    5. Re:It's Orwellian is what it is by esper · · Score: 1

      People keep calling it "the PATRIOT Act", but there are three additional letters at the beginning: "USA". Its full, proper name is "the U SAP AT RIOT Act", which isn't really all that bad a description of it (aside from the txtspk).

    6. Re:It's Orwellian is what it is by Anonymous Coward · · Score: 0

      Vote against it? Ron Paul. Who said 24 hours is not enough time to read a 300 page document.

  10. Funny by Anonymous Coward · · Score: 2, Interesting

    Granting pardons is the duty of the President or head of the executive branch.
    Granting immunity is the domain of the Judicial branch.

    Nowhere in here is the Legislative branch involved.

    1. Re:Funny by c_forq · · Score: 2, Insightful

      Because you left out decriminalization. Do you think that when it was decided that prohibition of alcohol was a bad idea that it should be left up to the President and the Judicial system to give everyone pardons and immunity (which in most cases someone has to be arrested for something before they can receive either)? Don't you think it would be a hell of a lot easier of the legislators were able to change and retract laws? I would like to point out at this time there have probably been more judges bought and owned than congress-people. Granted the appeals court is usually a good check on this, but if you also own the district attorney...

      --
      Computers allow humans to make mistakes at the fastest speeds known, with the possible exception of tequila and handguns
    2. Re:Funny by jrp2 · · Score: 2, Informative

      Agreed. Actually, it is not uncommon to pass laws that decriminalize past acts.

      Here in Illinois we had just such a situation a few years ago. http://www.reason.com/news/show/36162.html

      To summarize, a homeowner shot a burglar that was in his home. The homeowner was not charged with the shooting as it was deemed to be in self-defense, but was charged for violating the town's ban on handguns. A major bruhaha ensued.

      The state legislature passed a law giving people charged with violating a local government's gun laws an affirmative defense if they were defending themselves or someone else when they were caught with the gun. The town was forced to drop the charges and return the guns. No one has challenged the law on constitutional grounds, yet the anti-gunners definitely would if they thought they would win.

      To be honest, I think the law is bad public policy. Not 'cause I am against gun ownership (I own several), but because it makes a mockery of the idea of law and order. My view is the same for the telco immunity issue in this topic. Personally, I believe Illinois should prohibit local gun ordinances (called "municipal preemption") and do any regulation at the State level, but that is off-topic.

      Bottom line, it is not uncommon to decriminalize things that occurred in the past, and I do not believe there is anything unconstitutional about it. Sometimes it is a good thing, as it could correct bad laws. In this case of telco immunity it is bad IMNSHO. Seems kind of moot in this case, as the gov't is using the State Privilege pretty effectively to shut these lawsuits down. Very sad.

      --
      The only athletic sport I ever mastered was backgammon - Douglas William Jerrold
  11. It might take some time but... by niceone · · Score: 3, Funny

    It's never to late to add retroactive immunity!

    1. Re:It might take some time but... by niceone · · Score: 1

      Too too too, must use preview, too too too, will the lameness filter let this trhough? too, too, too.

  12. Radicals by jamie · · Score: 5, Interesting

    I liked the comment by Sen. Bond (R-Mo.) that failure to give telecom providers retroactive immunity for any crimes they may have committed would be

    leaving them open to disclosure and exceedingly serious competitive and reputational harm, perhaps even physical retaliation by radicals who oppose our intelligence gathering.

    He is saying -- he is actually saying -- that Congress has to prevent its own laws from being applied to a corporation, because if the courts are allowed to proceed with civil lawsuits, angry mobs of disaffected citizens will storm the corporate headquarters of AT&T and Verizon and burn them to the ground because they oppose intelligence gathering. We must circumvent the legal process to soothe the hordes of Americans who are furious at the NSA. This is surely the most bizarre panem-et-circenses ever.

    Or maybe he's saying Al Qaeda sleeper cells will launch attacks on key NOCs for our internet backbone... the only thing holding them back is they're waiting for word to come that a civil lawsuit has been filed against the owning corporation and depositions have been submitted and discovery is proceeding, Allahu Akbar!

    1. Re:Radicals by Anonymous Coward · · Score: 0

      Makes you wonder who Congress works for, doesn't it?

    2. Re:Radicals by dkf · · Score: 1

      Makes you wonder who Congress works for, doesn't it? No. Congress works for itself, its members have their re-election as their primary concerns, and this has been the way for centuries (though the fine details have varied). If this surprises you, you're not realistic enough.
      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    3. Re:Radicals by bhima · · Score: 1

      Sounds like a good plan to me. Got a lighter?

      --
      Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.
    4. Re:Radicals by roystgnr · · Score: 3, Funny

      if the courts are allowed to proceed with civil lawsuits, angry mobs of disaffected citizens will storm the corporate headquarters of AT&T and Verizon

      Well, to be fair, the only proven way to stop a horde of radicals with pitchforks and torches is to calmly explain to them that the criminals spying on them paid millions of dollars to politicians who then let them off the hook. "You mean we have no legal recourse against those who wronged us?" the mob will say. "Well, there's hardly any point to physical retaliation unless it can be accompanied by lengthy judicial review of an accompanying civil lawsuit!"

    5. Re:Radicals by Woy · · Score: 1

      He doesn't have to say anything, the frog is cooked.

      --
      "If God created us in his own image we have more than reciprocated." - Voltaire
    6. Re:Radicals by Nimey · · Score: 0, Troll

      On behalf of Missouri, I apologize for that douchebag and say that I have never voted for him. At least we got rid of our other Republican senator and Bush lickspittle in 2006.

      --
      Hail Eris, full of mischief...

      E pluribus sanguinem
    7. Re:Radicals by Nimey · · Score: 1

      It's a good thing that Slashdot isn't Wikipedia, or Bond's staffer who modded me down would have edited that to praise him instead.

      --
      Hail Eris, full of mischief...

      E pluribus sanguinem
    8. Re:Radicals by uniquename72 · · Score: 2, Insightful

      I like Bush's logic that created this debate:
      GWB: "We must allow domestic spying immediately in order to prevent another 9/11."
      GWB (2 weeks later): "I will veto any domestic spying legislation that doesn't retroactively protect the telcos."

      In other words, protecting the telcos (retroactively!) is more important than preventing another 9/11.

  13. Re:Love It Or Hate It... by IndustrialComplex · · Score: 2, Insightful

    Make the tools available, for crying out loud.

    Would you rather have a shovel, or a backhoe with busted hydraulics? I don't give a damn what tools they want if they can't figure out how to use the ones they currently have.

    --
    Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
  14. Slogan by dlc3007 · · Score: 4, Funny

    AT&T -- Your world. Delivered. To the NSA.

  15. Re:Love It Or Hate It... by blcamp · · Score: 1


    I want the tools, a toolbox, a mechanic to fix the busted tools, and people who are ready, able and willing to use them.

    And use them in a way that still protects the legitimate privacy interests of citizens, while allowing intervention and interdiction of terrorist activities.

    Again, BOTH can and must be done. I don't care who it is that takes up residence or gets "hired" to work on either end of Pennsylvania Avenue, it still has to be done.

    --
    The problem with socialism is that they always run out of other people's money. - Margaret Thatcher
  16. Re:Love It Or Hate It... by Quill345 · · Score: 1

    Uncle Sam may not care about your personal business, but the individuals who are doing the wiretaps may. The point is that without oversight there is plenty of chance of abuse; that abuse comes in the form of individuals using the wiretaps for personal gain. (Remember Watergate?)

  17. Re:Love It Or Hate It... by Anonymous Coward · · Score: 0

    Strictly speaking, if you have no at bats, your batting average is .000, not 1.000.

  18. The terrorists have won by Anonymous Coward · · Score: 0

    They have reduced us to craven cowards willing to give up our birthright for the illusion of security.

    Ask anyone who was brought up on the wrong side of the iron curtain. When you have a government with that much power, lots of innocent people suffer and even die.

    In any event, the government will use the 'information' any way they see fit. That includes lying about things like weapons of mass destruction. No matter what else happens, the increased power will feed the bureaucracy and bork the economy.

    "Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety." often attributed to Ben Franklin.

  19. What's that quote? by AltGrendel · · Score: 1
    "Never attribute to malice what can be explained by stupidity."

    But the thing is that Congress-critters are a lot smarter than you think. Like most people (not all), they have their own self interest at heart. They may want to protect their business constituents, that's all. And gosh, you don't want someone with all that money to be donating it to someone that may not be able to help in the next election, do you?

    --
    The simple truth is that interstellar distances will not fit into the human imagination

    - Douglas Adams

  20. Re:Love It Or Hate It... by Shakrai · · Score: 5, Insightful

    That's a wonderful post with completely valid points. Unfortunately you overlooked the fact that had anybody bothered to connect the dots, 9/11 could have been stopped using the existing laws on the books with the powers that the Government already had.

    All the wiretapping in the World isn't going to help you if the President gets a memo saying "[SOMEBODY] determined to attack US" and ignores it. All the wiretapping in the World won't help you if FBI agents in the field are being ignored by headquarters when they attempt to report suspicious activity.

    Maybe we should be asking why all of those failures happened instead of bending over backwards to give the Government sweeping new powers to monitor our daily lives.

    --
    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.
  21. Re:Love It Or Hate It... by blcamp · · Score: 1


    And remember what happened in the aftermath of Watergate?

    Those who carried out the "abuses"... did they not get caught? I recall that even a sitting President had to step down, the offenses were so bad.

    What would be so different now?

    Obviously some reasonable controls would have to be put in place. Common-sense and all...

    --
    The problem with socialism is that they always run out of other people's money. - Margaret Thatcher
  22. Re:Love It Or Hate It... by jamie · · Score: 5, Insightful

    Republican Senators are right now stonewalling and trying to prevent a one-month extension of the same legislation they insisted last year was vital, urgent, and necessary to prevent terrorist attacks in "days, not weeks." The President has said he would veto a one-month extension of this legislation that, last year, we supposedly needed to stop the terrorists from attacking America.

    They are protesting a one-month extension so that people who aren't paying attention will pressure Democrats to cave in and give Republicans what they want. The Republicans are literally -- if you believe their own words -- exposing America to danger of terrorist attack as a political tactic to pass the legislation they want.

    And what they want is retroactive immunity for corporations so that we, the people, have no legal recourse to discover whether those corporations cooperated with the Bush administration in breaking the law.

    The tools are already available. They allow the NSA to spy, and they allow American corporations to assist that spying. It's just that the laws must be followed. They are not difficult to follow. And corporations already are immune from both civil and criminal consequences if they can just demonstrate that, even though they broke the law, they acted on a good-faith belief at the time that what they did was legal.

    If you think this about whether we can monitor what the terrorists are talking about, you're wrong.

  23. What are you smoking? by MarkusQ · · Score: 3, Insightful

    ...it doesn't matter to me whether you think the law is good or bad,

    So, you want to join the debate about this bill but you don't care what anyone thinks about the bill? Won't that sort of hinder your ability to engage in rational discourse?

    Bottom line is: there needs to be a way to be able to monitor terrorist activity, criminal actvity... ANY KIND OF THREAT BEING PLANNED.

    See? The discussion is over the attempt to rid the bill of a provision protecting telecoms from the consequences of their past criminal activity. This has nothing whatsoever to do with monitoring terrorist activities, apart from the fact that certain members of congress (Jeff Sessions, for example) led by VP Cheney are willing to scuttle the bill if they can't get their friends a "get out of jial free" card.

    We've been damned fortunate and thwarted every single planned attack since 9/11... we've batted 1.000 so far. At some point, we're going to be nailed again unless a way is found to MONITOR future plans.

    Uh, what attacks would that be? And how does that have anything to do with the PAA which, as I just pointed out, has little or nothing to do with the telecom immunity? As far as I recall, all of the so-called "threats" that have been thwarted have turned out to be bogus, and none of them--none of them were found using the powers under PAA. So what's the connection?

    I'm not suggesting we totally roll over to the authorities and have Big Brother watch every single thing every American does. But Common Sense dictates that SOMETHING NEEDS TO BE DONE.

    Perhaps. But even if, as you say, "SOMETHING NEEDS TO BE DONE" a minute's thought leads to the conclusion that giving big corporations a blank check to violate our nations laws probably isn't it.

    --MarkusQ

    1. Re:What are you smoking? by blcamp · · Score: 0, Troll


      Is your idea of debating a legitimate issue - intervening and interdicting terrorism - launching a straw man attack against politicians and "evil" big corportations... or private citizens who don't happen to agree with you?

      This is why those on the left don't manage to get anything done. Their whole strategy is to bash others who propose solutions and come up with no solutions on their own.

      Why not come up with an ACTUAL WORKING SOLUTION to the problem terrorism, as was the original topic of this discussion?

      Other lawbreaking (such as the allegations against telcos and whatnot) can still be dealt with - that is a separate issue. Leave out there, don't sweep it under the rug... but don't use it as a means of obstructing our national defense, either.

      --
      The problem with socialism is that they always run out of other people's money. - Margaret Thatcher
    2. Re:What are you smoking? by MarkusQ · · Score: 2, Insightful

      Is your idea of debating a legitimate issue - intervening and interdicting terrorism - launching a straw man attack against politicians and "evil" big corportations... or private citizens who don't happen to agree with you?

      No. But the topic is the telco immunity provision, not "intervening and interdicting terrorism" whatever that is.

      This is why those on the left don't manage to get anything done. Their whole strategy is to bash others who propose solutions and come up with no solutions on their own.

      First, I'm coming from the right (life long Republican and current Ron Paul supporter), so that jibe just plain misses the mark. But since when and on what basis is insisting that no one is above the law been "bashing others who propose solutions"?

      Why not come up with an ACTUAL WORKING SOLUTION to the problem terrorism, as was the original topic of this discussion?

      Sure thing. So long as you come up with a cure for cancer first.

      Other lawbreaking (such as the allegations against telcos and whatnot) can still be dealt with - that is a separate issue. Leave out there, don't sweep it under the rug... but don't use it as a means of obstructing our national defense, either.

      First, the whole point of this discussion is that, if they pass the immunity, it can't be dealt with later. That's what immunity means. Further, the people "obstructing the national defense" here as you construe it are mostly on the right, not the left. It's Cheney, Sessions, McConnel, etc. (all Republicans, I'm ashamed to admit) who are insisting that the PAA must die if they can't get immunity for their pals. So get your facts straight, OK?

      --MarkusQ

    3. Re:What are you smoking? by Jesus_666 · · Score: 1

      This is why those on the left don't manage to get anything done.
      The USA have a left? When did that happen?
      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    4. Re:What are you smoking? by blcamp · · Score: 0, Troll


      I never said deal with immunity "later". I said deal with them as separate issues.

      You may claim I don't have my facts straight (which is nonsense), but putting words into my mouth is not helpful either.

      And all these ideas of let's set aside security and worry about civil liberties first is a very dangerous road. BOTH MUST BE HANDLED WITH THE SAME HIGH PRIORITY AND AS SOON AS POSSIBLE.

      How is anyone at liberty under the threat of being bombed anywhere at any time?

      Likewise, how is anyone at liberty if Uncle Sam listens to ALL phone calls, including my 97-year old grandmother? I never suggested the government DO that!

      I NEVER SAID GIVE UP ONE OR THE OTHER. I said BOTH must be handled AT THE SAME TIME.

      Yet all the loonies come out and say - "ooohh, he has some dangerous ideas and must be silenced" (or at least modded down on slashdot - not much different, just not carried out to the same extreme).

      Look at what you people are writing.

      Do you ever wonder that you would really, truly do... if you ever had the reins of power in your own hands?

      Last time I checked, I was an American Citizen with First Amendment rights, the same as all of you.

      Wow, folks...

      --
      The problem with socialism is that they always run out of other people's money. - Margaret Thatcher
    5. Re:What are you smoking? by Gat0r30y · · Score: 1

      Other lawbreaking (such as the allegations against telcos and whatnot) can still be dealt with - that is a separate issue. Leave out there, don't sweep it under the rug... but don't use it as a means of obstructing our national defense, either. RTFT (the last T is for Title). The other law breaking, these allegations against the telcos is the topic at hand today. Not a "separate issue" but the issue at hand. I do not believe the parent posters intent is to use that as a means of obstructing our national defense, I think his point is that if a corporation has willingly and knowingly aided the government in committing a crime, we should be able to punish them. Both sides are actively trying to use this topic as a political tool to gain leverage with their bases, its just that we shouldn't let that get in the way of protecting our right to prosecute a corporation which has broken the law.

      Why not come up with an ACTUAL WORKING SOLUTION to the problem terrorism, as was the original topic of this discussion? This was not the topic of this discussion. again, RTFT.
      --
      Prediction: The real iPhone killer is going to be sex robots from Japan. Think about it.
    6. Re:What are you smoking? by MarkusQ · · Score: 1

      I never said deal with immunity "later". I said deal with them as separate issues.

      Then you should be agreeing strongly with the people who want the immunity provisions removed from the PAA, and objecting to the (mostly Republican) efforts to tie them together. Is this in fact your position?

      How is anyone at liberty under the threat of being bombed anywhere at any time?

      The American position used to be "Give me Liberty or give me Death," and people who argued the position you appear to be advocating were routinely derided as cowards. Do you believe the phrase "give me liberty or give me death" is in fact meaningless, and that in fact no principle is worth standing up for if it means any personal risk (since the principle won't do you any good if you are dead--or, as you put it, "under threat")? How would you distinguish this from rank cowardice?

      Yet all the loonies come out and say - "ooohh, he has some dangerous ideas and must be silenced" (or at least modded down on slashdot - not much different, just not carried out to the same extreme).

      Now look who's putting words in other people's mouths. I never said you should be silenced, and in any case could not be using mod points on you even if I had them since I am clearly posting in this thread. Perhaps the reason you are being modded down is that you are spouting borderline off-topic nonsense and getting hysterical about it? Do you think, perhaps, that might have something to do with it?

      --MarkusQ

    7. Re:What are you smoking? by blcamp · · Score: 1


      If you are so interested in this whole "immunity" business with the telco, then direct your passions and energy at them. It's not my issue. Certainly if there is lawbreaking going on, then by all means go have it prosecuted.

      My interest is allowing the government to surveil terrorists as a means to disrupt or completely stop thier plans. That is certainly not limited to telcos, or for that matter, any entity.

      It is ironic you use the phrase "Give me Liberty or give me Death". Patrick Henry was a slave owner... a man who denied liberty to a many men himself. He clearly did not believe his own words, now, did he?

      I on the other hand have no conflict in my position... I believe that we can have our civil liberties protected AND have the government check communications for terrorist planning and other operations AT THE SAME TIME. They are NOT mutually exclusive.

      And, no, I do not believe my being modded down is due to "hysterics" or "borderline off-topic" nonsense, nor am I "spouting".

      I am being modded down because there is a substantial lack of tolerance for dissenting opinion here on this website. But I'll certainly not change my position that without secure borders (and coastlines), secure airways, secure roads (and other infrastructure)... a secure nation... we won't last long enough for you me or any other citizen to have enough time to argue about "protecting our civil liberties" or any other aspect of our Constitution. Because it will cease to exist.

      I'm done with this discussion. Flame away more if you like, but I'm on to something else.

      --
      The problem with socialism is that they always run out of other people's money. - Margaret Thatcher
  24. Capitulation Happens by Ranger · · Score: 3, Insightful

    If the Fuck, er, ah, Protect America Act expires, the old FISA law is still in effect. The key difference is oversight. The Democrats in the Senate will pretend to put up a brave fight then give Bush everything he wants. We got screwed when Congress rammed the PATRIOT Act I down our throats. Everything else since then has been gravy for them. Makes you wish you were a big fat corporation. After the telecoms get their immunity, other corporations will want the same deal. I hope I'm wrong. I really do.

    --
    "You'll get nothing, and you'll like it!"
    1. Re:Capitulation Happens by blitzkrieg3 · · Score: 1

      I really don't think this was going to happen. We voted the Dems into the senate precisely so they could fight on important legislation like this; so they could stand firm on principals and keep the executive branch in check. We have at least one senator in Chris Dodd who is fighting this, and it would be political suicide for any Democrat to openly oppose him.

      If the Dems do vote pro-NSA on this one, in an election year, then at least we know that they're the spineless bastards we've always suspected them to be.

    2. Re:Capitulation Happens by The+Analog+Kid · · Score: 1

      We voted the Dems into the senate precisely so they could fight on important legislation like this; so they could stand firm on principals and keep the executive branch in check. him.

      Right and you vote in Republicans to lower taxes and shrink government. It's all good in theory, but in practice never quite turns out that way. The only difference between the two groups is that they think there is differences between them.

    3. Re:Capitulation Happens by KKlaus · · Score: 1

      Someone needs to bring back Reagan's Trust but Verify. For all the Reagan humping among republicans today, it amazes me that they can suggest with a straight face that a simple check to make sure something horrible isn't occurring behind the scenes is somehow the wrong idea. It's like no one's even heard of the difference between a democracy and a _constitutional_ democracy, and why that was the great American innovation. It's not democracy that prevents tyranny, it's the constitution. Please don't fuck with it.

      --
      Relax I just want some peanuts.
  25. Re:Love It Or Hate It... by tpheiska · · Score: 2, Insightful

    Private communication is a key factor in a democratic society. Without it, a powerful opposition is not possible. And an opposition is very necessary, even though the current US regime/government tries to label it 'unpatriotic'. But then, I'm an ignorant European treehugger who undersands nothing about the dangers USA is facing. There is also a nice quote from one of the great minds that America has produced. "Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety."

    --
    "wahts woring iwth my tyoping?"
  26. PAA should just die by SpaceLifeForm · · Score: 1
    There is no need for it. The existing FISA laws are enough. It is only up to the government to follow FISA and do the warrant procedures properly.

    The PAA and the attempt to include retroactive immunity is a sham to destroy the constitution. If passed, then it would set a precedent that would allow any corporation to get immunity for their actions. Pure fascism.

    Examples would be pollution cleanup, consumer poisoning, and investment fraud. The mess that would result would actually destroy the corporations in the long run, along with the population.

    It's a losing game, but short-sighted greed can not see that.

    --
    You are being MICROattacked, from various angles, in a SOFT manner.
  27. Re:Love It Or Hate It... by Quill345 · · Score: 2, Insightful

    That's the POINT. Reasonable controls would be requiring a warrant (which is as simple as presenting a basic reason to an impartial judge). The government can already perform these taps with a warrant using the secret and expedited FISA court. This law guts the warrant necessity eliminating any reasonable control. It's already been shown that the FBI has abused these sorts of wiretaps with bogus National Security Letters. We're not saying don't wiretap, we're saying require a review (as required by the Constitution). And, so what if the President got caught in Watergate? It was by accident that the unlocked door was found. How many more similar incidents have happened that we haven't heard about? We'll never know without auditable control.

  28. Gridlock causing Protect America Act to expire... by Jason+Levine · · Score: 1

    And people say the system doesn't work! ;-)

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  29. Don't be to distracted by the retroactive immunity by 91degrees · · Score: 4, Informative

    Unless you think that warrantless wiretaps are a good idea, the rest of this bill is pretty damn bad as well.

  30. Re:Love It Or Hate It... by PopeRatzo · · Score: 5, Insightful

    We've been damned fortunate and thwarted every single planned attack since 9/11... we've batted 1.000 so far.
    By that weak standard, Bush should also get full credit for there not having been a single American city demolished by a meteor, and he's "batted 1.000" in keeping California from falling into the Pacific.

    Maybe we should look at it the other way around. George Bush has been the only president in the 20th century to allow such a devastating foreign attack on our soil.

    It might just be that the threat of terrorism isn't as serious as you seem to think.

    But the most important argument against creating a "total surveillance society" in order to prevent terrorism is that there already is a very good legal system for allowing the kind of surveillance against terrorists that you seem to believe we need. It is called the FISA court and gives our government plenty of tools for fighting terrorism.

    Finally, for me it comes down to this: Yesterday, we heard one GOP senator after another say that the telecoms did nothing wrong in allowing the government to eavesdrop, and the program is completely legal. Well then, why do they need immunity? Why not leave it up to our legal system and a jury of citizens to decide whether any laws were broken.

    blcamp, I live in the shadow of Sears Tower. I'm as concerned about my wife and daughter as you are about your family. But as I've said before, I will take my chances with the terrorists, but leave my liberties intact.
    --
    You are welcome on my lawn.
  31. Re:Love It Or Hate It... by mitgib · · Score: 1

    Those Who Sacrifice Liberty For Security Deserve Neither http://en.wikiquote.org/wiki/Benjamin_Franklin

    --
    Being a spelling & grammar Nazi is a sign you do not poses the intelligence to contribute to the conversation
  32. Translation for the Lazy and Non Pretentious by Anonymous Coward · · Score: 0

    Ubi sunt qui ante nos fuerunt = "Where are those who were before us?"

  33. Re:Love It Or Hate It... by bhima · · Score: 4, Insightful

    OK. I'm all for making the tools available, once the make sure that they safeguard our everyday civil liberties and that their continued use is based on regular and accurate validations their efficacy.

    Seriously: Safeguard our liberties first then worry about security.

    Security in the United States today is Security Theater. It's operatic in it's grandeur and stupidity.

    5 Year olds and US senators on 'No Fly Lists'? Falafel stakeouts in San Fran looking for Iranian sleeper cells? The Secret Service strong-arming high school students for anti-war anti-bush speech? Calling the Bomb Squad on hot chilies, LED cartoon advertisements, and state owned traffic monitors? Arresting, Beating, Nearly Shooting & Killing innocent people because they act or look different?

    There is no way I'm willing to give up any of *anyone's* liberties for that sort of buffoonery.

    --
    Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.
  34. Re:Love It Or Hate It... by Anonymous Coward · · Score: 0

    Go ahead, mod me down. With pleasure. People like you are who's ruining this country for the rest of us.

  35. retrospective by Anonymous Coward · · Score: 0

    Retrospective doesn't mean what the author thinks it means. Perhaps the author meant 'retroactive'?

  36. Re:Love It Or Hate It... by Shadow-isoHunt · · Score: 1

    Do you honestly think that "terrorists" are communicating over plain text? Are you fucking nuts?

    --
    www.isoHunt.com
  37. Re:Love It Or Hate It... by DrgnDancer · · Score: 1

    Those tools are already being abused. The FBI has admitted to using warrentless wire tap provisions intended to fight terrorism on non-terrorism related cases. Not once, not a few times, thousands of times. Agents were either improperly trained on how to use the powers, or deliberately abused their powers. In either case, a bit scary, no? We have freedom and liberty for a reason, to sacrifice them for a very nebulous degree of safety (after all, point out one major terrorist plot that was stopped by these new powers) is foolishness of the highest order. I don't want to live in a country that is safe for "FREEDOM", but has no freedom.

    --
    I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
  38. Re:Love It Or Hate It... by blcamp · · Score: 1


    Utter Nonsense:

    First World Trade Center Attack in 1993. President: Bill Clinton.
    Pearl Harbor, 1941. President: Franklin Delano Roosevelt. (Yes, even then Hawaii was "our soil".)

    Those were both a "foreign attack on our soil."

    As I have said before, and I'll say again: BOTH can be done - both protecting our civil liberties AND preventing terrorist attacks. They are NOT mutually exclusive.

    If you sacrifice either one without the other (EITHER WAY), we're in trouble.

    --
    The problem with socialism is that they always run out of other people's money. - Margaret Thatcher
  39. Re:Love It Or Hate It... by Jesus_666 · · Score: 3, Insightful

    as long as my constituional rights don't get outright trampled on, I REALLY DON'T CARE HOW THEY FIND TERRORISTS... just as long as they catch and kill every goddamn one of them.
    Including ignoring the rights citizens of other countries have in their countries? Beware, slippery slope ahead. It leads to a PR disaster that would crush the last bit of goodwill the rest of the world has for the USA. Which would be very welcome to any terrorists.

    The trick to terror prevention is ensuring your safety without causing more damage than the terrorists could have. Alienating people is rarely a good idea because that only gets more people motivated to join the terrorists. Alienating entire countries is just as bad because they might not want to do business with you anymore (yes, that's possible; China is a viable alternative) and your economy suffers. Alienating your own people is even wore because it creates unrest and might even get som of them to help the terrorists out of the belief that the current government needs to be replaced.

    Just finding terror suspects and killing them at any cost is quite likely to get the country into more trouble than just dealing with them like one did before the whole War on Terror(TM) started. The correct approach lies somewhere in the middle. One needs to be careful enough not to upset everyone but thorough enough to actually catch the dangerous plots. That requires more deliberation than zealotry.
    --
    USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
  40. Re:Don't be to distracted by the retroactive immun by Anonymous Coward · · Score: 0

    Retroactive, not retrospective

  41. The *real bill* by dpilot · · Score: 3, Interesting

    Enough of this chiseling around. Someone should introduce a bill making GWB above the law, and law as well as in fact. We should spell out the super-capabilities of the Executive, essentially pointing out that we have an elected, term-limited King.

    We've just been pussy-footing around for the past 7 years. GWB is very nearly a King already, between Signing Statements and Executive Privilege. The mechanisms of tyranny are in place. The checks and balances of government are broken. So the question becomes, "Do you trust GWB?" as well as, "Do you trust the next President?"

    Name a spade a spade, and maybe people will finally wake up to the slippery slope we've been sliding down.

    --
    The living have better things to do than to continue hating the dead.
    1. Re:The *real bill* by dkleinsc · · Score: 1

      At the risk of Godwin'ing the thread, we could call this new law the "Enabling Act".

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    2. Re:The *real bill* by Anonymous Coward · · Score: 0

      If you think the current power elite are to blame for the exponential growth of the US government over the past 200 years, both in revenue and power over the people, then you haven't been paying attention to history. Some of the biggest power and revenue grabs occurred well before Bush was even born.

      Here's something that everyone should realize (or admit): No government in history has ever significantly and permanently reduced its power or revenue through the process of democracy, or indeed, any process short of war or economic collapse. There's a reason for that, and it's not because continually making government bigger is unprofitable for those in the business of government.

    3. Re:The *real bill* by dpilot · · Score: 1

      I certainly won't deny what you've said, that everyone grabs power. But it's also not reasonable to defend Bush by saying, "all of the other leaders are doing it, too." I'm not saying that that's what you're doing, but others have. I will further say that Bush has taken the power grab to new heights.

      --
      The living have better things to do than to continue hating the dead.
  42. Fall on sword by redelm · · Score: 2, Insightful
    Of course the Ds blame the Rs and vice-versa. They both want the spying, but know it's unpopular and cannot afford to be seen as supporting it in an e[rl]ection year. Yet they don't want to be seen/accused of doing anything to hamper the WOT.

    The hypocrisy of Congress cannot by overestimated. Without the moral compass that principles provide, there will always be situations where expediency is unclear.

    1. Re:Fall on sword by theodicey · · Score: 1
      Sorry, how is this tripe "insightful"?

      The Republicans want spying. It's popular with their constituents, who have been led to believe that the President^H^H^H^HCommander in Chief^H^H^H^HGod's Anointed One can direct "patriotic corporate citizens" to do anything he wants (and declare them immune from prosecution later).

      Democrats, with the exception of a few yahoos, pretty much want the rule of law to be upheld. As do many of their civil libertarian supporters. They don't want widespread domestic surveillance, and they don't want legislative immunity for the telco wrongdoers.

      If you want a moral compass, go read Senator Chris Dodd's website (Democrat - Connecticut). Or if you want to be cynical in an informed way, go read Glenn Greenwald.

  43. Re:Love It Or Hate It... by jo42 · · Score: 1

    How about stop pissing "them" off so that they don't want to do this "to us" in the first place?

    You do know that because of the American meddling in their affairs over the last few decades that all of this is going on.

    Yup. You done did this to yourselves.

  44. Re:Reminds Me Of This: by jo42 · · Score: 1

    Now replace "Islamic terrorist" with "African American".

  45. Re:Love It Or Hate It... by TheLink · · Score: 4, Insightful

    9/11 wasn't a good thing. But face it: Big deal.

    Nobody else is going to easily do it again even without all the "Patriot" bullshit. The 9/11 hijackers "ruined the market" for future hijackers.

    Before 9/11 the "unwritten protocol" was - hijack announced, everyone meekly stays in their seats, nobody (mostly) gets hurt, negotiations start, hijackers get something, passengers get to go. Unless of course the hijackers were crazy enough to do El Al ;).

    After 9/11 hijackers WILL have a more difficult time with passengers and air crew, the cockpit doors are reinforced. Enough passengers will think "If I'm going to die anyway, I'm going to make sure that hijacker suffers first". If everyone just threw their shoes and stuff at the hijackers at the same time it will really hurt :). I can tell you for sure that many passengers will look at each other and have a go at the hijackers.

    In fact even _DURING_ 9/11, passengers on board one of those planes figured out what was happening, and one of the planes didn't hit the target.

    You think most hijackers haven't figured that out? Only a few stupid ones (or mentally ill) have tried since 9/11. They have to move on to other methods if they want to crash into towers - charter/steal private planes etc.

    The bulk of the new procedures like banning liquids and checking shoes is just to make the stupid sheeple feel safe.

    The fact that the US Gov lies to its citizens regularly, and puts in laws that don't actually address the problem shows to me that the US Gov is a greater danger to US citizens than the "evil terrorists" are.

    The 9/11 killed like 3K? And cost the USA how much?

    In comparison the US Gov started a war in Iraq (based on _deceit_ ) and got how many killed? And cost the USA how much?

    Not to mention the US Gov has been trampling over the "precious" US constitution which so many US citizens _allegedly_ value so much. They don't even bother to amend the constitution, they just ignore it or twist the interpretation so much.

    The US people should serious consider who really is their biggest enemy.

    --
  46. Re:Love It Or Hate It... by Anonymous Coward · · Score: 1, Insightful

    The tools are available. They've been available. FISA requires that there is judicial oversight. If the surveillance is warranted, this should be no problem. And I don't buy the bullshit line that it takes too long. FISA allows warrants to be issued up to 3 days after surveillance starts, so the "we can't wait for oversight" argument is pretty lame.

    The bigger problem is that as the US intelligence services have been allowed to indiscriminately accumulate vast amounts of data, they have become unable to process it all. This hasn't helped thwart terrorist plots so much as it has diverted resources away from productive intelligence work and wasted it trying to analyze reams of useless information and investigate countless dead-end leads produced from it. Is this really making anyone safer?

  47. Re:Reminds Me Of This: by Anonymous Coward · · Score: 0

    you were just aching to prove to the world what they already knew when it comes to the notion of what "average american" stands for, eh?

    bravo, you've left no doubt...

    here's a hint: guns are phallic symbols...

  48. Re:Love It Or Hate It... by tinkerghost · · Score: 1

    I REALLY DON'T CARE HOW THEY FIND TERRORISTS... just as long as they catch and kill every goddamn one of them.

    The problem is 90% of the stuff they do isn't designed to catch terrorists. It'd designed to look like they are doing something to catch terrorists. According to the latest penetration tests against the airports we are probably less safe than prior to 9/11. The mass influx of tech and new recruits to the screening process has dropped the catch rate from 85+% to as low as 65% in some places. You have a bunch of new people who don't know how to do anything but watch the system & wait for the beep. You look safer because there is all the security. You want to feel safer because otherwise it's so much wasted time, but the reality is that nothing has changed in how safe you actually are.

    Tell me: how might serving a search warrant might have averted 9/11?

    It absolutely wouldn't have. Nor would this whole realID plan that the government is pushing. Everyone involved was in the US legally & had legally valid ID. A fact that the govt conveniently ignores every time they push that Real ID will make us safer.

    but I kinda think it's a pretty good idea for my government to try and find out how best to prevent terrorist attacks in the future, and as long as my constituional rights don't get outright trampled on,

    Define trampled on....

    From where I am looking, the expansion of foreign wiretap rules to include US citizens appears to be a clear trampling of the 4th amendment, but hey I agreed with Nitke that laws designed to -as SCOTUS stated - 'have a chilling effect on expression' were unconstitutional under the first amendment.

    Having listened to a lot of the discussion on prevention etc, the one thing proven to work - actually having enough local cops doing real cop work - just doesn't spark enough political interest to get the kind of money that a proposal to install the latest gizmo at every airport does.

  49. Good for the Goose... by Phoenix666 · · Score: 1

    Good for the gander.

    If the government wants to be able to listen in on all my communications, then I want to listen in on all of theirs. I want to know what my employees are doing.

    --
    Do what you can, with what you have, where you are.
    1. Re:Good for the Goose... by YourEmployees · · Score: 1

      We are reading slashdot.

  50. Re:Love It Or Hate It... by Nimey · · Score: 1

    If you want to be that pedantic, don't forget that FDR was president during the only time since the War of 1812 when a foreign power occupied United States soil (the capture of two Aleutian islands, Attu and Kiska, by the Japanese).

    --
    Hail Eris, full of mischief...

    E pluribus sanguinem
  51. Re:Love It Or Hate It... by roystgnr · · Score: 2, Insightful

    All the wiretapping in the World isn't going to help you

    It's even worse than that. All the wiretapping in the World is going to hurt you if the problem is that it's already too hard to pick signal out of noise in the intelligence we currently gather. If you start also sifting through conversations between people so unsuspicious that you can't even get an after-the-fact FISA warrant to spy on either of them, does that add to the signal or does it add to the noise?

  52. So let it expire by Nexus7 · · Score: 1

    So the Protect America Act will expire, huh? OK, so what will happen? I think what the congress-people and the potus are afraid of is that if it does expire, nothing will happen. Before the act was in place, the security agencies has enough powers and enough information about an impending strike (that happened on a certain day); they just weren't co-ordinated enough, or agile enough to prevent it.

    Why do we have to bear the burden of someone else's disorganization by incursions into our freedoms?

    Especially with these "1984"-style naming of legislations - "Patriot" act, "Help America Vote Act", "Protect America Act."

  53. That kind of easy cynicism doesn't solve anything by psiogen · · Score: 0

    If more people like you who care about privacy issues get out there and put pressure on those wavering Democratic senators who can't quite recall who they answer to, we might actually be able to stop things like this. It's the only way it ever happens.

  54. Re:Love It Or Hate It... by bitflip · · Score: 2, Insightful

    > We've been damned fortunate and thwarted every single planned attack since 9/11... we've batted 1.000 so far.

    But what does Bush, or congress, or any of the laws they have passed have to do with it?

    The reason we haven't been attacked is because after 9/11, I started shaving my crotch, and have kept it shaved ever since then.

    Yes, I'm willing to do this to save American lives. I'm that cool.

  55. Re:That kind of easy cynicism doesn't solve anythi by redelm · · Score: 1
    Actually, cynicism, when realistic, solves a great many problems. Particularly avoiding wasted efforts and unnecessary disappointments.

    Leaning on Ds won't work very much. They're just counting votes. Likewise the Rs. Without pricinples, all is expediency.

  56. Re:Don't be to distracted by the retroactive immun by 91degrees · · Score: 1

    Uhm...

    I said "retroactive". But I'm not sure what the difference is. Both seem to mean applying to events in the past.

  57. Re:Love It Or Hate It... by PopeRatzo · · Score: 1

    blcampy, you don't read carefully enough. I said that George Bush was the first President to allow such a devastating attack on our soil. There's plenty evidence that 9/11 was the most devastating attack on US soil in the 20th century.

    And yes, being 100% safe from terrorist attacks IS mutually exclusive with protecting our civil liberties.

    --
    You are welcome on my lawn.
  58. Re:Love It Or Hate It... by Teflon_Jeff · · Score: 1

    Technically, the 9/11 attacks were int eh 21st century. But regardless, the Telco's were really between a rock and a hard place. Even recently as 18 months ago, they were handing over private information to the NSA by request. Except Qwest, I believe. I don't support blanket immunity, but I do support some immunity. We should be looking at specifics on a case by case basis.

    --
    "Teach a man to build a fire, and he's warm for a day. Set a man on fire and he's warm for the rest of his life."
  59. Expect it to pass by Teflon_Jeff · · Score: 1

    I'm not expecting this to fail. There's a lot of lobbying and a lot of money involved. As an employee of one of the telecoms, I can say there's a lot of push from the executive branch (White House) to push this, because a lot of these illegal orders came from them. And before 9/11 even. At least one of ours came in February of '01

    --
    "Teach a man to build a fire, and he's warm for a day. Set a man on fire and he's warm for the rest of his life."
  60. Re:Reminds Me Of This: by MozeeToby · · Score: 1

    I think a more accurate description of the situation would be you see someone who has the same color skin as what you picture when you think of a terrorist. The democrat walks on by. The republican follows him to his home, thinks "maybe he has a knife in there", and attacks him without provocation.

    I don't think there was a large population of American in Iraq under immediate threat from terrorists. we went there for Christ's sake.

  61. Re:Love It Or Hate It... by Legion303 · · Score: 1

    "Go ahead, mod me down."

    I'd love to, but no mod points. Perhaps someone else will oblige you.

    Come to think of it, there's no "-1: fucking moron" category anyway, so it's moot.

  62. Politics? Predictions! by Besna · · Score: 0, Offtopic

    Republicans!
    Romney wins by 5 points over McCain. Rudy a distant third. Huckabee right behind him.

    Democrats!
    Clinton wins by 10 points. Edwards a very distant third.

  63. Re:Love It Or Hate It... by mOdQuArK! · · Score: 1

    Are you willing to pay for all that, including the "oversight" part (which would be the first thing that someone is likely to try and cut when the budgets get tight)? Or are you one of those "I want the government to protect me, but I don't want to pay for it" whiners? Or maybe you believe we can just keep printing more money to pay for everything?

  64. Re:Love It Or Hate It... by The+Analog+Kid · · Score: 1

    Except Qwest, I believe. I don't support blanket immunity, but I do support some immunity. We should be looking at specifics on a case by case basis.

    Then you shouldn't support any immunity. If you want to look at by a case by case basis then haul each company into court, if they are found no guilty, they did no wrong, if they are then they should face the consequences. The reason they are asking for immunity, because they know what they did was illegal, but the people in these companies don't want to face jail time or other punishments.

  65. Re:Love It Or Hate It... by dedalus2000 · · Score: 1

    the current sitting president hasn't stepped down and he broke the law. FISA is one of the "reasonable controls" your talking about and FISA is being circumvented. the telecoms in performing the wiretaps were acting as agents of the us government. waving the warrant requirement and Bypassing FISA is a criminal breach of federal law. granting immunity to one of the conspirators is like paying a witness not to talk.

    you know a blame ford for all of this mess if it weren't for him granting Nixon a pardon baby bush would have thought better about breaking the law.

    --
    My keyboads not woking popely.
  66. Re:Love It Or Hate It... by Teflon_Jeff · · Score: 1

    I guess I should clarify. In some cases, these companies did things which may have been illegal. However, if there were threats or other excessive coercion, I think that should be taken into effect. Furthermore, anything legal, whether obvious or not, should be covered. Some things may look illegal on the outside, but may not have been. And there are issues of national security (In some cases. I personally think the executive branch overuses the privilege)

    --
    "Teach a man to build a fire, and he's warm for a day. Set a man on fire and he's warm for the rest of his life."
  67. Re:Reminds Me Of This: by Mister+Whirly · · Score: 1

    "here's a hint: guns are phallic symbols..."

    You sir, must have a very strange looking phallus. Tell me, is your penis semi-automatic or a revolver? And do you really have pearl-handled balls?

    --
    "But this one goes to 11!"
  68. Dammit People! by Xyrus · · Score: 2, Insightful

    "as long as my constituional rights don't get outright trampled on, I REALLY DON'T CARE HOW THEY FIND TERRORISTS... just as long as they catch and kill every goddamn one of them."

    What the hell is wrong with this country? Why is it that congress, and the populace aren't trying to solve the freakin' problem?

    Why don't people ever stop and ask the question: Why are they so pissed off at us? What have we done to deserve this? If they did, people might actually discover that the terrorist, as well as much of the Middle East, are angry for legitimate reasons.

    They're pissed off because of 60 years of brutal US foreign policy in the Middle East. We've overthrown democratic governments. We've installed bloody dictators. We've supported terrorism, and even had proxy wars fought by our "puppets". The Shah of Iran, Osama bin Laden, and Saddam Hussein were all funded and supported by the US. We turned a blind eye or even supported their atrocities as long as they were serving US purposes.

    This isn't conspiracy theory. It's well documented. Several former CIA experts have written multiple books on this, and the blowback we've been seeing (like 9/11). Our foreign policy there basically amounts to an "the ends justify the means" campaign. It definitely puts all of this in a quite different light once you start researching our history in the region.

    What's really sad is that we have not learned our lessons either, as once again we are supporting yet another military dictator to achieve our goals.

    They don't hate us for our freedoms. They hate us because we've been screwing them over for the better part of a century. Terrorist attacks are a symptom of the problem, and that problem is our aggression and foreign policy.

    If you want the threat of terrorism to go down, it's simple. Get out. Leave them alone. Get our bases out the region. Stop supporting murderous dictators like Saddam and the Shah. Stop trying to overthrow their governments. Let them try to figure it out themselves, and stop trying to shove our ideas down their throats. Stop terrorizing them with threats of embargoes and bombings.

    Seriously, if another country did half the crap to us as we have done to the Middle East we'd be pretty damned pissed off too.

    ~X~

    --
    ~X~
  69. Re:Love It Or Hate It... by Anonymous Coward · · Score: 0

    Yeah, what were we think! Intervening in the affairs of mass-murders, invasions, genocide, and other atrocities. We should be so ashamed!

  70. Already happening by Anonymous Coward · · Score: 0

    Alienating entire countries is just as bad because they might not want to do business with you anymore (yes, that's possible; China is a viable alternative) Funny you should mention that, my country is way ahead of you. We've been breaking ties with the US and forging new ones with China. The company responsible for promoting my country overseas just closed their last office in the US and is opening one in Beijing. I dislike the US as much as the next non-American but I'm not sure it's a good move myself. Wish I could say more but I've probably said too much already, this probably isn't public knowledge right now.
  71. Re:Love It Or Hate It... by KKlaus · · Score: 1

    Another thing to tack on to reasons to support international politeness is that it allows elected political leaders in other countries to do things that benefit you. You don't run into situations like we have in Iraq, where many developed nations can't help us even if they wanted to, because the people in charge of sending money or troops would get voted out of office. Notice, for instance, the difference between Iraq and Afghanistan. In Afghanistan, because we were polite with the rest of the world when invading (and making the case to do so), greater than half of it's nation building costs are payed by the EU. That's a pretty stark contrast to Iraq. So their ability to send supporting money and troops is another reason to play nice with other countries.

    --
    Relax I just want some peanuts.
  72. Re:Love It Or Hate It... by KKlaus · · Score: 1

    >>In comparison the US Gov started a war in Iraq (based on _deceit_ ) and got how many killed? And cost the USA how much?

    Argh this is something I hate when people do. The fact that the Iraq war was started on the basis of dishonest evidence has NOTHING TO DO WITH ANYTHING RELEVANT TO YOUR ARGUMENT /caps. Don't bring it up, because your argument is not "fuck Bush," it's that it's foolish to trade away liberty for no additional security towards something that isn't particularly dangerous in the first place. When you start just throwing crap on at the end about how much the Bush Administration sucks, it starts to look like you don't entirely know what your point really is or what you're really talking about. As someone who argues with Bush fans all the time, let me tell you, this is a crippling mistake. It's called diluting your argument - don't do it.

    --
    Relax I just want some peanuts.
  73. Why can't we make a difference? by Anonymous Coward · · Score: 0

    I don't get it. Slashdot seems like great group of thinkers, a strong percentage of whom share a pro-science, pro freedom of speech and habeas corpus, and "global warming is real and we should start doing something" agenda (all anti-bush). But over the last 7 years, as a group, you seem to rant and make jokes, but very few say they're doing anything about it. Cmon, here's some simple petitions that take a freakin minute to fill out with google auto-form.

    How many Slashdotters are there anyway? You really think we couldn't make a difference if everyone contributed 5 min to call their reps?

    I was finishing my EE degree in 2000, and noticed in EETimes that Gore's responses to their questions sounded OK, but Bush's were non-existent! The biggest engineering periodical in the country, while EE/CS people were leading the nation's longest period of economic prosperity since just after WWII (even minus the bubble, we were leading the world in increasing productivity, which does make America more successful relative the world). Easy no-brainer right? Yeah, I voted Gore, but to my surprise, none of my nerd friends did! Why? "Oh, my vote wont mean anything anyway" Cmon. I bet Floridians thought the same way. If every slashdotter spent 5min a day bothering our congressman, or spreading a little word, or donating a few dollars, I'm sure we could have impeached the ahole after he lied to us to start Vietnam II. I dont care if he wins the war this year - he could have avoided it, raised CAFE and just stop buying gas from impotent Saddam. Would have saved (hundreds of?) thousands of lives, global goodwill, and trillions of dollars of debt (which coincidentally is part of the reason Bush I's economy was shaky when handing it off to Clinton, and now coincidentally our economy is shaky again, hmmmm).

    Oh, here's a fun comparison Nixon to Bush

  74. Re:Love It Or Hate It... by TheLink · · Score: 1

    It is very relevant. Go read my post again. One of my arguments was people are in greater danger from the US Gov than the "evil terrorists".

    Crude formula:
    risk = impact * probability.
    danger = badness * power.

    You could be very bad (incompetent or evil) but if you have zero power, you're no danger.
    You could be very powerful, but if you aren't bad, you're no danger to most people either (you might be a danger to the bad people...).

    The US Gov has far far more power to ruin your life (and the life of any random person somewhere in the world) than the terrorists.

    Thus how deceitful the US Gov is (or how sucky they are), is very relevant to how safe you actually are today.

    The US Gov has shown that it is willing AND able to deceive its citizens rather blatantly in serious matters.

    What are the US citizens going to do about it? If they keep putting crappy governments in power (or allowing them to diebold themselves into power) then things are going to be pretty bad.

    --
  75. Re:Love It Or Hate It... by volpe · · Score: 1

    There's plenty evidence that 9/11 was the most devastating attack on US soil in the 20th century.

    Hell, I'd like to see some evidence that 9/11 was a devastating attack on US soil in the 20th century. Sorry, but I just don't buy into your calendar-manufacturer conspiracy theories.