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White House Says Phone Wiretaps Will Resume For Now

austinhook brings us news that the U.S. government has resumed wiretapping with the help of telecommunications companies. The companies are said to have "understandable misgivings" over the unresolved issue of retroactive immunity for their participation in past wiretapping. Spy agencies have claimed that the expiration of the old legislation has caused them to miss important information. The bill that would grant the immunity passed in the Senate, but not in the House.

63 of 262 comments (clear)

  1. Resuming wiretaps by Ice+Wewe · · Score: 5, Insightful

    ...that the U.S. government has resumed wiretapping with the help of telecommunications companies.

    Which just goes to show you that they never had any intention to stop wiretapping, just to throw a big tantrum over it and then go back to spying on Americans the good old fashioned way, illegally.

    1. Re:Resuming wiretaps by ArcherB · · Score: 1, Insightful

      Seriously. Is it illegal to eavesdrop on overseas conversations? That is what we are talking about here. These calls we are tapping have at least one party overseas. Please, tell me: What law designed to protect non-Americans are we breaking? Someone want to explain how this is flamebait? Or was the mod not able answer the question?
      --
      There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
    2. Re:Resuming wiretaps by fangorious · · Score: 2, Insightful

      go dig up the testimony of the AT&T engineer whistleblower, and the Qwest CEO. The surveillance rooms intercept all calls coming over the lines. There is no way for the telcos to route specific calls. During the onset of these programs, no language was involved to specify domestic versus international traffic. The overwhelming majority of traffic going thru some of the centers is domestic. And since you seem so confused, the Constitution is all about inalienable human rights, not inalienable American rights. It says the government needs warrants that specify parameters about what's being search: who; when; where. The very architectural design of this surveillance system (surveil everything that goes through a call center at all times) breaks the specificity requirements.

    3. Re:Resuming wiretaps by DittoBox · · Score: 3, Insightful

      Gee, I don't know. Because non-Americans are *gasp* humans as well?

      Everyone, not just Americans, deserve basic human rights. You may think you can put a label on someone (EG "terrorist") and then they somehow become less human, so you can do whatever you damn well please.

      What if, say, Japan or France or some other foreign nation decided that we were a "terrorist threat," and decided to begin wire tapping conversations going from America to Japan or France? Or originating in those countries? Wouldn't that make sense that you would be outraged that your conversations were being wire tapped by another country? What if you were French or Japanese?

      Or how about another country takes you and puts you in their prison, without any kind of legal recourse. They just need to slap a label on you and call it good. Then torture you.

      I thought we busted the Japanese for water-boarding in WWII...or was that the Germans? No, wait, it was both. We also busted them for slapping labels on people and locking them up without any legal recourse.

      The reason these rights were instituted among men is because you are human, not because you're born in some arbitrary nation.

      --
      Good. Cheap. Fast. Pick Two.
    4. Re:Resuming wiretaps by fangorious · · Score: 3, Insightful

      So does that make the CIA an illegal organization then? I mean, it's their job to spy on foreign countries.

      That's a strawman. Firstly because it's the NSA that's conducting surveillance, not the CIA. Secondly because I said the Constitution requires a warrant to conduct a search, not that spying is illegal. Having judicial oversight is the designated balance between the government not being able to perform its duties to defend the country and the government growing into an oppressive tyranny. I have no problem with legal intelligence gathering. The rules are spelled out, and there's a process that allows for changing them.

      If the Constitution applies to ALL people of the earth, shouldn't we be invading all these other countries and removing their current, illegal governments? Shouldn't these people be voting in elections and sending the winners to Washington to serve in Congress? Shouldn't we be taxing their populations? Shouldn't we be using our military to guarantee these rights to the peoples of the world?

      We have been using our military to "spread democracy" for 60 years, and the CIA to overthrow democracy and install dictators, and then often have to send in the military to remove them. It's why so many people around the world hate us. If an oppressed group of people need and seek outside help, then I have no problem with international forces coming to the rescue. We just need to follow our Constitution by declaring war with a clear and well-defined goal and follow the Geneva Conventions.

      Also, "inalienable human rights" was in the Declaration of Independence, not the Constitution. Tell me how I'm the confused one again?

      You're confused because you inferred a quotation where the was none, notice the lack of such notation in my original post. The discussion is regarding the legality of certain government actions. The Declaration of Independence says why we needed a new government. The Constitution defines that government, in such a way as to honor those inalienable human rights. So any discussion of what the government can and can't do must therefore refer to the Constitution.

    5. Re:Resuming wiretaps by misanthrope101 · · Score: 2, Insightful
      Yes, it seems so obvious that human rights should extend to humans. It's sad that this is an edgy, subversive idea in our day and age. Suddenly basic moral principles are open to nuanced, legalistic discussion.

      People just don't have the basic moral character that we like to think they have. Rattle them a little bit and suddenly they'll gladly sign off on tortureing someone to death if it could hypothetically lower the risk of an unspecified something happening to any American at any point in the future. Who are these people? Oh, my fellow Americans. How I love thee.

  2. Well that answers the immunity question... by TheRaven64 · · Score: 5, Insightful

    Retroactive immunity is now a moot point. Previously they could argue that they weren't aware that they were operating illegally. Now they surely have no such defence. I'm sure some of the lawyers on Capitol Hill will start using words like 'wilfully' now.

    --
    I am TheRaven on Soylent News
    1. Re:Well that answers the immunity question... by htnprm · · Score: 5, Insightful

      BS. Ignorance of the law is no excuse. Telcos are well aware of the details under FISA. Honestly. The fact that your average American does nothing as a result of the evidence that this administration has been illegally wiretapping since 2002, if not before (Well before the Protect America Act was passed) says so much. People I speak to are waiting for Obama to change things. Well. Wait for this to change:

      If Obama is elected - "I haven't had enough time in four years to change anything, so elect me again".
      At the next congressional elections - "We haven't had enough time with a Democrat as President, so elect us again". ...What will you all do when nothing changes? I'm taking bets if anyone is interest.

      (Note, this post is not a message against Obama, or for any other candidate. Just pointing out details regarding a candidate who everyone thinks will change things, but who is simply another politician, and an individual person, up against the whole of the political machine).

    2. Re:Well that answers the immunity question... by whoisjoe · · Score: 3, Insightful

      Hmm... We may actually have to impeach this asshat before the election. We *need* to impeach both of these asshats before the election (both Dubya and Darth Cheney). Given all of their crimes (from misleading the public to sell a war to willfully performing unlawful searches), not impeaching them sends the message to future administrations that this sort of behavior is OK.
    3. Re:Well that answers the immunity question... by HiThere · · Score: 2, Insightful

      Because the Democratic Speaker of the House said she wouldn't support impeachment, and would do everything she could to block it. The villains aren't all Republicans.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  3. Re:How do they know? by MyNameIsFred · · Score: 3, Insightful

    ...How do they know that they've missed important information, if they aren't wiretapping?...
    It's not that hard to presume that they know they are missing information. Assume they recorded a conversation that was important, and part of that conversation was let's talk every Thursday. Or they said we're putting everything in place, we'll contact you shortly with the time. Although those examples raise the question of why don't you just get a warrant...
  4. I call B.S. by christurkel · · Score: 4, Insightful

    Spy agencies have claimed that the expiration of the old legislation has caused them to miss important information.

    Riiiiiiiiight. If you can't illegally wiretap, how could you possibly know what you missed? Besides, there is a perfectly good FISA court still around; you can even wiretap and get a warrant 72 hours later.

    Fear mongering sucks. We're a better nation than this.

    --

    CDE open sourced! https://sourceforge.net/projects/cdesktopenv/
    1. Re:I call B.S. by marzipanic · · Score: 2, Insightful

      Exactly! How would they know? Unless they have the extra secret alleged psychic warriors on the case, which would be easier than the whole wiretap thing.

      I believe the age of "Enemy of the State" is upon us, I believe they have been doing it for a very long time! But that is just me and from what I hear.

      It is not just the US either, it is UK too http://www.theregister.co.uk/2008/01/29/interception_communications_commissioner/ although they keep getting "wrong numbers" ahem! Bet it is those 0898 numbers they keep trying!

      It is good in one way as it will help reduce crime (allegedly) yet in another it is an invasion of privacy and as we know what is meant for good is usually used for bad by certain people.

      Bring back James Pond! Codename RoboCod....

      --
      In the name of sticking up for someone with autism, f**k you! Prejudiced bastard.... that is unlawful and linuc for dumm
    2. Re:I call B.S. by johnsonav · · Score: 5, Insightful

      The real question for me is, why not get FISA warrants? By all accounts, they are a rubber stamp that will grant most any warrant. The FISA court was set up for exactly the type of activities that they say they are doing. So by circumventing that process, I can only conclude that the real program is much more broad, and illegal, than they are letting on.

      --
      ... and that's when the C.H.U.D.'s came at me.
    3. Re:I call B.S. by smitth1276 · · Score: 1, Insightful

      I think you need to learn to take any characterization made by a reporter (most of whom aren't that intelligent in the first place) with a grain of salt. Just because a reporter's characterization the agencies' statements was that "they had missed important information" doesn't mean that they actually phrased it like that. What's actually a bit sad is that your comment was modded '5-insightful' for making that little fallacious leap.

    4. Re:I call B.S. by Lloyd_Bryant · · Score: 4, Insightful

      The real question for me is, why not get FISA warrants? By all accounts, they are a rubber stamp that will grant most any warrant. The FISA court was set up for exactly the type of activities that they say they are doing. So by circumventing that process, I can only conclude that the real program is much more broad, and illegal, than they are letting on. Even more than a rubber stamp, since the spook agencies are allowed to begin surveillance, *then* apply for the warrant (up to 72 hours later).

      But the issue, I think, is the paperwork. For instance, each application must be personally approved by the Attorney General (can you imagine poor Mr. Gonzales having to review and sign hundreds or thousands of such applications at a time?).

      The surveillance carried out in support of the "war on terror" is orders of magnitude greater than was contemplated when the FISA court was created. So Bush & Co. simply decided to ignore the problem and proceed without bothering to get warrants from the FISA court.
      --
      Don't tell me to get a life. I had one once. It sucked.
    5. Re:I call B.S. by StillNeedMoreCoffee · · Score: 5, Insightful

      There is not war on terrorism. War is the wrong word. There are military actions against disparate groups around the world, and there certainly was a war against Iraq which we won but had nothing to do with terrorism, before or during, now there is a threat of Terroism from the mistakes made in that war such that an Al Qauda group has formed in Iraq that was not there before. There is an occupation in Iraq but it is not a war. Iraq has a civil war going on and has groups resistant to the occupation but it is not a War.

      So I hate to see the Republican Fear Marketing slogan War on Terror used. It is really like the 1984 war with the Northeast (if I remember right). That continuous war that keeps the population under martial law and rallied around the flag. For what, for accumlation of power.

      So the War against Terror is just like the War against Poverty or the War against Aids. Its not a war, its a slogan, lets not forget that. It should not invoke war powers for the Executive branch. Actually it did not, the war powers were granted to go to war against Iraq because they were claimed (falsely and brazenly and seemingly with full knowledge of that falsness) have weapons of mass destruction. Valerie Elise Plame Wilson was outed as a CIA agent because that lie was being exposed by her husband.

      Lets not forget the War on Terror is just a marketing slogan and get on with the business of cleaning up the mess in Iraq and the mess in Afganistan.

      Terrists exist, there are terrorist who are targeting the US and other countries as well, but giving up our Constitutional rights and protections isn't the way to go. The Executive has lead us into improsonment with no charges, lack of due process, torture, rendition, wiretapping, ... and we dont know the entire extent. This blossoming of illegal unconstitional behavior is unprecedented and I feel unwarranted and the scope and type of those behaviors does not make me trust the ones doing those behaviors.

      Marketing slogans should be reserved for those selling soap.

    6. Re:I call B.S. by ardent99 · · Score: 5, Insightful

      The exact quote from a letter from U.S. Attorney General Michael Mukasey and Director of National Intelligence Michael McConnell is "We have lost intelligence information this past week as a direct result of the uncertainty created by Congress' failure to act," which was in TFA, if you had bothered to read it. Their obvious position is that "intelligence" information is "important" information, or they wouldn't be bothering with this at all.

      I find it interesting that rather than address the issue on the merits, you chose instead to make an ad hominem attack on all reporters, say they are unintelligent and shouldn't be trusted, and project an air of arrogance and disdain to further deflect any disagreement.

      You seem to be willfully diverting the question from the merits of the administration's remarks to an untruthful characterization of the reporting, a typical tactic of administration apologists. So let's summarize:

      1) The administration says something
      2) It gets accurately reported
      3) You call reporters unintelligent, an ad hominem attack on the messenger,
      without actually showing they did anything wrong
      4) You assume an air of arrogance and disdain to deflect any questioning of your unjustified statements
      5) In the end you have contributed nothing to the discussion of what actually happened

      Maybe next time you can actually address the issue rather than mischaracterizing its reporting? What's actually a bit sad is that your comment was modded +3 insightful for making that little bit of flamebait.

    7. Re:I call B.S. by pha7boy · · Score: 2, Insightful

      it's more then that. The FBI collects information with the purpose of prosecution. The justice department and the FISA court also operate under that principle - information collected is to stand in court. Intelligence collection is about finding information, not about making a case. As such, the information available for the wiretap might not be good enough to convince a panel of judges. Having a a wiretap dismiss means all the information goes "bye-bye" and can have a snowball effect on the rest of the cases emerging from it. That's one of the reason they are oposed to it.

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      -- All this knowledge is giving me a raging brainer.
    8. Re:I call B.S. by Anonymous Coward · · Score: 1, Insightful

      They don't want to get warrants because they are engaged in the wholesale datamining of all telecommunications traffic. The paperwork for that many warrants would be staggering, and if the FISA court had to approve all of that there would be rumblings.

      They're probably collecting information on political enemies, just like Hoover was using the FBI to do. I wouldn't doubt they're as far up George Soros's ass as they can get, because his name is dropped as a bogeyman every time there's a study that contradicts the Bush world view.

    9. Re:I call B.S. by Johnny+Mnemonic · · Score: 2, Insightful


      We're a better nation than this.

      I think it has been proven time and time again, that, in fact, we are not.

      We like to think we are, we congratulate ourselves for being it, and maybe once upon a time we were. But our morals and ethics have faced the biggest test they have had in a long time, if not ever, and we failed. Pretty spectacularly.

      I think the fact that we were debating if "waterboarding" constituted torture, on C-SPAN, clearly indicates that ethics, morals, and justice are just so much rhetoric until those notions are put to the test. And we caved to our baser notions in what can only be a speed record.

      We have laughed at the French for the speed in which they surrender(ed) when put to the test; I wonder if the US will be known for generations for the speed in which our character collapsed when we were faced with a test.

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      $tar -xvf .sig.tar
  5. Now he says that? by Anonymous Coward · · Score: 5, Insightful

    "Bush has said he would hold out for a permanent overhaul of the 1978 surveillance law."

    Wow, what a brilliant idea! Too bad Bush didn't suggest that BEFORE authorizing an illegal program and goading the telecom companies into going along with it. Had he done so he wouldn't need to get retroactive immunity for them.

    I think everybody understands that in the height of an emergency tough decisions have to be made, but the next priority should have been to move for revision to the FISA legislation, not keep the thing secret for several years and then try to bail out the organizations involved once people found out the law was being broken. Don't like constraints of the FISA law? Conform to it, revise the legislation, or break the law and face the legal consequences. There is no other option for a person holding office who has sworn an oath to uphold the law. Well, there isn't supposed to be.

  6. Bush Blows It by Doc+Ruby · · Score: 5, Insightful
    Yesterday, Bush barfed at us in his radio address:

    WASHINGTON - President Bush said Saturday that Democratic leaders in the House are blocking key intelligence legislation so trial lawyers can sue phone companies that helped the government eavesdrop on suspected terrorists after the Sept. 11 attacks.

    Terrorists are plotting new attacks against America "at this very moment," Bush said in renewing his call for the House to pass legislation needed to renew the intelligence law that expired last weekend.


    Bush has his new Attorney General lying to back him up, but they can't even keep their stories straight:

    The Bush administration said yesterday that the government "lost intelligence information" because House Democrats allowed a surveillance law to expire last week, causing some telecommunications companies to refuse to cooperate with terrorism-related wiretapping orders.

    But hours later, administration officials told lawmakers that the final holdout among the companies had relented and agreed to fully participate in the surveillance program, according to an official familiar with the issue.


    It's obvious that it's Bush's fault the PAA expired without extension:

    But even if telecoms were refusing to cooperate, the reason for their refusal was not because they don't have retroactive immunity, but rather, it's because there is alleged uncertainty over the legality of current surveillance requests, and uncertainty over the ongoing validity of the prospective immunity provided by the PAA, because the PAA expired. If the PAA had been extended, they would be completely protected with prospective immunity for future surveillance cooperation. And, of course, the PAA would not have expired had Congressional Democrats had their way -- they wanted to extend it until they could agree to a new bill. Thus, any alleged refusal on the part of telecoms to cooperate is exclusively the fault of Bush and House Republicans for forcing expiration of the PAA. That's just true as a matter of basic logic.


    The bottom line is that Bush's own Attorney General just admitted that he and Bush and the rest are repeatedly breaking the law:

    But leave all of that aside for a moment. Since Mike Mukasey himself just said in this letter that spying outside of FISA is "illegal," and since it's indisputable that the Bush administration did just that for years, doesn't that compel him as Attorney General to commence a criminal investigation into this "illegal" conduct?


    What does it take to get impeached in this country? Will someome please blow Bush already, so we can finally get it over with?
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    make install -not war

    1. Re:Bush Blows It by Carewolf · · Score: 3, Insightful

      No one is going to impeach the president as long as the vice president is more corrupt and criminal than the president is.

    2. Re:Bush Blows It by Doc+Ruby · · Score: 3, Insightful

      The Democrats are playing it "safe" because Bush/Cheney's crimes make it cheaper and easier for Democrats to run against them this year. So they're bottling us up in here with them, our only way out seemingly to hand Democrats a trifecta power monopoly. Democrats mainly care about increasing their nominal Senate majority closer 60:40, with Republicans defending 23 seats to Democrats 11. In January the Congress will also probably have some thing like a 15-20 point Democratic House majority, possibly that 60+ seat filibuster-proof Senate, and a Democratic president with the first actual majority of voters since Reagan.

      With which Democrats can abuse all those "Bush/Cheney" tyrannical powers without the Iraq War that gets you caught. But with the Iraq War that gets you paid.

      Quite a racket. Which is why Americans should force them to impeach, or at least make it as costly as possible not to. Because Republicans will be in no position of any kind to offer the kind of "opposition party" these Democrats couldn't muster even the past 8 years with very solid minorities and blatant catastrophes.

      The missing party, as usual. is the American people. And decent country would be out in the streets with pitchforks and torches by now, especially with economic collapse staring everyone in the face. Instead, we've got Slashdot and the Daily Kos. And President VP Cheney.

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      --
      make install -not war

    3. Re:Bush Blows It by Anonymous Coward · · Score: 1, Insightful

      Fine, impeach the entire executive branch and call it a day.

  7. They're playing to cover their own crimes by Phoenix666 · · Score: 4, Insightful

    If the Whitehouse can bully Congress into passing retroactive immunity to the telecoms for warrantless wiretapping, then they also by extension are exhonerated. So, they get to get a free pass for breaking the law without directly asking Congress to give it to them.

    --
    Do what you can, with what you have, where you are.
  8. Free Speech. by Anonymous Coward · · Score: 1, Insightful

    Coming soon: a counterstrike map that accurately portrays the White House and surrounding grounds. Of course it's an assassination map. Suck it Bush, you're the only president in the last 40 years (yes, including Nixon) that if I knew I could get completely scot free with killing that I'd have to seriously think about it.

  9. There's a word for this: Fascism by Ralph+Spoilsport · · Score: 5, Insightful
    They could do this legally through the FISA courts, but rather than go bother with even a Ruber Stamp court like FISA and at least pretend they're not spying on American citizens in direct violation of the fourth amendment for which the FISA courts were implemented to supposedly protect, they would rather run rough shod over everyone's privacy and interests for their own ends based out of their own incompetence and ignorance.

    The sad part? There is no promise that any democratic administration would stop this.

    Why? Because it's fascism, or, as one of the guys who invented fascism (Mussolini) caled it: Corporatism.

    The American Empire is dying and it's a sad thing to watch it act, as WS Burroughs said in 1984, as the single greatest betrayal of the last and greatest of human dreams.

    RS

    --
    Shoes for Industry. Shoes for the Dead.
  10. Just by way of reminder by HangingChad · · Score: 5, Insightful

    We were not completely surprised by the 9-11 hijackers, the problem was we didn't act on what we did know. Even then we knew. We knew without the Patriot Act, we knew without wholesale spying on the American public, we knew without the Protect America Act. We knew and did nothing. So now the solution is to spy on Americans. Makes almost as much sense as being attacked by terrorists operating out of Afghanistan and responding by attacking Iraq.

    Only a Republican would think it makes sense to fight terrorism by monitoring my 83 year old mom's phone calls.

    And, just in case this dust up has interfered with the intelligence community's ability to monitor the activity of Americans, the bake sale has been postponed until next week because the lady running it broke her hip and mom change her hair appointment to 11 am this week because Marge's family is flying in from Montana. And dad still can't figure out why his pineapple plants keep dying in the front yard. Now you're up to date.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
    1. Re:Just by way of reminder by rubycodez · · Score: 3, Insightful

      re: nsacarnivore-20080915-1103535-2535EJA34032:
      subject lives in climate where pineapples can grow, similar to asian areas with high islamic radical populations. relatives in Montana which is known abode of militia groups. subject altering appearance at 11am.

      action: subject to be reclassified as probable threat to national security.

  11. Re:Tapping the future. by wellingj · · Score: 2, Insightful

    It's ok when they get a fisa warrant, and not ok wehen they decide they don't need one.
    Somebody should troll a terrorist attack, get caught, and then expose the whole mess of no fisa warrant.

  12. Revolution 2.0 by fishthegeek · · Score: 5, Insightful

    Will be fought one vote at a time. If the telecom providers didn't do anything wrong when they assisted the wiretaps then they do not need legal protection from congress. By moving to protect the telecom providers Congress is implicitly admitting that they acted in ways that are probably illegal.

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    load "$",8,1
  13. Re:I just don't get it by drooling-dog · · Score: 5, Insightful

    What does Bush want, other than to spy on everyone with no supervision whatsoever? Exactly this. The FISA court is practically a rubber stamp for legitimate surveillance, and yet Bush's spying needs are so super-sensitive that not even it can be allowed to catch wind of them. Unless you believe that the court has been infiltrated somehow by "the terrorists", there's only one logical reason for this: both the court and the public would be outraged if the real reason for the surveillance became known. Are they collecting commercial intelligence for their closest corporate patrons? Do they intend to tamper with the upcoming elections? Are they going to mess with political and ideological opponents? I'd worry about all three.
  14. Re:I just don't get it by Lijemo · · Score: 5, Insightful

    Because the previous rubber-stamp system left a paper-trail (albeit one they could claim was "classified for reasons of national security") as to who they were spying on and why, and thus had some amount of accountability, no matter how tiny.

    The new system does not.

    If there's anything this administration hates, it's accountability.

  15. Now what? by EaglemanBSA · · Score: 4, Insightful

    ...and just when I thought the administration couldn't be any more open about breaking the law and violating my civil liberties. Honestly, does this piss everybody else off as much as it does me? I'm all for America, and I think we have a good number of good things going on over here, but this is getting ridiculous - we have these controls in place (the representatives of the people) to limit the power of the executive branch, and it's as if the administration doesn't even hear them.

    I don't know what's worse, not having any input at all, or knowing that it won't be used in any decisions in the end anyway.

    --
    Quiz: True or False -- On a scale of 1 to 10, what is your middle name?
    1. Re:Now what? by EaglemanBSA · · Score: 5, Insightful

      My fiancee lives in a foreign country, and I call her every other day, you insensitive clod. Perhaps you missed the part where it's totally possible to monitor those phone conversations legally, with a warrant (at which point I would have no problem with it). Why the need for such secrecy, that the tap has to be without the approval of a judge, even 72 hours after the fact?

      Beyond that, this isn't just about wiretapping phones. It sets a very dangerous precedent through which the executive branch can bypass the legislative branch's powers and act illegally with no fear of repercussions.

      --
      Quiz: True or False -- On a scale of 1 to 10, what is your middle name?
  16. Criminal charges by Nimey · · Score: 2, Insightful

    Since the current congress is too spineless, too complicit, and too full of Republicans, I think we'll have to pin our hopes on the next President telling his AG to investigate and pursue criminal charges against those responsible in the Bush Administration and in Congress.

    That definitely wouldn't be Clinton (too much of an insider) and it wouldn't be McCain (he's shown he's a good boy after all), and Paul hasn't got a snowball's chance. I can only hope that Obama wouldn't pull a Ford and pardon Bush "so the country can move on".

    --
    Hail Eris, full of mischief...

    E pluribus sanguinem
    1. Re:Criminal charges by TheRaven64 · · Score: 5, Insightful

      I'm not convinced. The current administration has so completely discredited the office of the president, both domestically and internationally, that it will take a lot to restore it. Pursuing criminal charges would send a message that the President is not a dictator, and that the new incumbent expected to be held to account for their actions.

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      I am TheRaven on Soylent News
    2. Re:Criminal charges by Anonymous Coward · · Score: 1, Insightful

      I think we'll have to pin our hopes on the next President telling his AG to investigate and pursue criminal charges against those responsible in the Bush Administration and in Congress.

      The Bush administration knows about this risk. They are busy shredding what little paper trail there is. Then, a day or two before Bush leaves office, he'll pardon everyone for everything. Just watch.

  17. Re:I just don't get it by bberens · · Score: 4, Insightful

    My speculation is this:

    You get a warrant when you want to spy on SOMEONE. You don't get a warrant when you want to capture all inbound and outbound (from the country) telephone traffic and put it through your NSA analyzer supercomputer thingymajig looking for suspicious activity. You see, for something like this to work, you need a very large sample of data to compare to. You will never be given a warrant for little Felipe who wants to call mommy back in Italy to talk about spaghetti recipes. But you need that data as a base line.

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    Check out my lame java blog at www.javachopshop.com
  18. Re:I just don't get it by TubeSteak · · Score: 2, Insightful

    Unless you believe that the court has been infiltrated somehow by "the terrorists", there's only one logical reason for this: both the court and the public would be outraged if the real reason for the surveillance became known. Or it's like the **AA & the DMCA: FISA was a good idea at the time, but now the government has realized how much extra work it is to comply with the law & they're desperate to get around it.

    However, the fact that the telecoms are having "understandable misgivings" after the collapse of the immunity bill tells us all we need to know about how their corporate lawyers view the situation. If we're lucky, the truth will get declassified in 25 years, but I doubt it.
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    [Fuck Beta]
    o0t!
  19. Now theres a War on Liberals? by Doug52392 · · Score: 1, Insightful

    I bet that's why the wiretaps are here. So the government can read the forum posts, IM conversations, IRC chat logs, and even Slashdot posts, of liberals that oppose the government. I bet all liberals could find themselves on one of those "Watch Lists" soon, just for expressing their 1st Amendment rights!

    Spying to find "terrorists" is just the pretext the government is using to wiretap the homeland (and why FISA, it should have been called HISA, Homeland Intelligence Surveillance Act), so they can find not terrorists, but rather innocent people who criticize the government on the Internet through blogs, IM, IRC, etc.

    So that's where our tax money is going: paying the NSA to read all the rants on the government (most of them are the real truth to, how ironic!)

  20. Spying is OK if accountable. by headkase · · Score: 2, Insightful

    The problem isn't with the spying - like you say there are many cases where it is needed. The problem is that the checks and balances from the oversight aspects are being compromised. The Federal Government can spy on anyone they like and even get a FISA warrent for it after the fact in cases of emergencies. The problem is that the Administration branch of the government thinks that even that is too much and want to remove that check and balance (or continue to ignore it). Spy away, but damn well be accountable *when* it is abused.

    --
    Shh.
    1. Re:Spying is OK if accountable. by esper · · Score: 2, Insightful

      Ah, but it was the executive branch (and, specifically, the President) who decided that retroactive immunity for the telcos was more important than the powers granted by PAA. ("I will veto any bill which grants those powers but does not include immunity.") All the legislative branch did was to (finally) acknowledge that accountability is important and call Bush's bluff.

  21. Re:News at 11 by The+Spoonman · · Score: 2, Insightful

    Yeah, like an announcement by our FearFUL Leader was needed, for us to know they are tapping our communications.

    There, I corrected that for you. Bush, like anyone else still afraid of "terrorists", is a huge pussy.

    --
    Which is more painful? Going to work or gouging your eye out with a spoon? Find out!
    http://www.workorspoon.com
  22. catch22 by scifiber_phil · · Score: 3, Insightful

    Anyone against these wiretaps is suspect, and probably should be placed on the wiretap list? The language of the fourth amendment is clear and straight forward. The executive branch, the phone companies, and congress need to reread it a few times until they understand it. When they start arresting people for expressing concerns over the loss of our constitutional guaranteed rights, it will be too late. Forums like Slashdot etcetera will disappear. People will be afraid to post. Wiretaps without a warrant and fear of arrest will see to that.

  23. Re:How do they know? by 10101001+10101001 · · Score: 3, Insightful

    Although those examples raise the question of why don't you just get a warrant...

    Because it'd undermine their power grab (aka the warrantless wiretapping program(s)) by showing that warrants get the job done. Isn't it great how, every time someone tries to force the Bush Administration to follow the law, which is more than sufficient to get the job done, there is screams of "you're making us vulnerable to the terrorists"? Bush can't let the man behind the curtain show his face (that the law works, and power grabs are wholly unnecessary), and Bush and company are perfectly willing to sacrifice the security of the nation--you know, one of those primary functions of the Presidency--to cover their own asses. But, then, this story is at least as old as the Iraq War* and the bullshit about WMDs.

    *Note: There might be older examples, but the Iraq War one was exceptionally egregious.

    --
    Eurohacker European paranoia, gun rights, and h
  24. Re:News at 11 by element-o.p. · · Score: 5, Insightful

    I've got to disagree with you there. The dude's got cojones so large, I'm amazed he can still walk.

    Look at it this way. His attorney general when he first announced the program has left the post in disgrace. Congress refused to pass an act providing retroactive immunity to the telcos who first participated in program. The ACLU and EFF have filed lawsuits because of the wiretapping program. People across the county have spoken out against the program. And still he announces that the warrantless wiretapping has resumed. Sounds pretty brazen to me.

    On the one hand, I want to believe that he is doing it with the best of intentions but is just to stupid to realize the long-term implications of such a thing. On the other hand, I am very, very afraid that he knows exactly what he is doing. In either case, this program is a (tm) Bad Thing and needs to end, permanently.

    --
    MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
  25. Re:For all you legal experts by scifiber_phil · · Score: 2, Insightful

    No amount of intelligence will ever make you "safe". Warrantless wiretaps will, however, make you a slave to self-censorship. When the first time comes to you when you hold your tongue, because the government may be listening, warrantless wiretaps will no longer seem like a good idea. Freedom means that you can live your life unscrutinized until there is actionable cause to suspect you have committed a crime. Then it's time to get a warrant and investigate, not before the fact. Freedom does not mean spy on everyone all the time to keep them honest. Now, do you want to live in freedom or not? Whatever your answer is, do not presume to tell me that I should live in fear and repression so you might be "safe". That decision is not yours to make.

  26. Re:How do they know? by illumin8 · · Score: 2, Insightful

    The only case where the administration could not conduct a warantless tap is if there was an entirely new terrorist organization to emerge in the next twelve months. And they could still get a wiretap, they just have to get a warrant.
    That's still BS, because even if a new terrorist organization emerged, they could still use existing FISA to begin wiretaps immediately, and just get a retroactive FISA warrant within 72 hours. This whole fiasco is a recursive nest of lies, deceit, and illegality.
    --
    "When the president does it, that means it's not illegal." - Richard M. Nixon
  27. Re:For all you legal experts by esper · · Score: 2, Insightful

    You're forgetting that there's a substantial body of evidence, including testimony from involved FBI agents, that we did know what the 9/11 guys were planning, based on information collected through old-fashioned police work, without the need for warrantless wiretaps or any of the other powers granted or assumed by the President since then.

    There is a vast difference between "we must operate within the boundaries of the Constitution and the law" and "we should do nothing".

  28. Re:Impeach now by WNight · · Score: 2, Insightful

    The problem is that if he's not impeached, he gets away free. If he's impeached, and we fight this spying, then we'll let the next people know that they can't do this.

    If we ignore this, not only will our next leaders continue it, but Bush will go unpunished.

    He's by far the worst president the USA has ever had. Not just in what he's personally done, but in the lack of respect for law that he's instilled into the office and various three-letter-agencies.

    If, on the other hand, he was stripped of power, even a day before the end, not allowed to pardon anyone, and made liable for criminal lawsuits... Ideally, he'll get tortured in Gitmo, that would be the ultimate payback for the sell-out.

  29. Re:I just don't get it by fizzywhistle · · Score: 2, Insightful

    That baseline data is also what you need to monitor everyone in the country at all times. Especially activists groups of the sort that might cut into corporate profits.

    But hey maybe your right. Maybe they're looking for who funds the terrorists, oh wait they already know that (cause Bush and the Royal Family are BFF). They're looking for terrorists in this country. Ohh no wait, that wouldn't work, it would be stupid to communicate over phones or hotmail. No trained terrorist would be that dumb and you don't need the data itself anyway. You just need the points of interest then you can monitor those points (such as cell phone numbers). But then theres disposable cell phones, and OMG the most diabolical of all... snail mail, newspapers, etc. etc.

    John Nash might find the red spys, but the NSA is just looking for dirt on anyone who doesn't agree with their agenda. Its been done before, thats why we have FISA in the first place.

    Speculate all you want, but its just as likely they're looking for Rainbow Ponies as Terrorist in the 'Tubes.

  30. LAST TIME - Pay Attention by not_hylas(+) · · Score: 4, Insightful

    LAST TIME - pay attention.

    It's wholesale data-mining.

    Spying in the Death Star: The AT&T Whistle-Blower Tells His Story
    Mark Klein = Patriot
    Former AT&T technician

    http://www.wired.com/politics/onlinerights/news/2007/05/kleininterview

    In room 641A at 611 Folsom Street in San Francisco, California is a SPLITTER that duplicates ALL traffic and diverts it by the way of a proprietary black box to an unnamed acronymed agency.
    Mark Klein called it a "Big Brother Machine".
    It can't be more clear than that.

    For all the folks that still don't get IT, good God!, go back to sleep, and or, quit posting drivel.

    --
    ~hylas
  31. Re:Impeach now by jjohnson · · Score: 2, Insightful

    He's going to get away free. There's nothing that can be done to Bush himself in any practical sense. Possibly some lawsuits after he leaves office, but I doubt even that. It sucks, I know, but that's life.

    That's not to say nothing can or will be done. The Democrats have finally started making hay out of wreckage of the Bush administration--letting the surveillance bill lapse because it contained retroactive immunity for the telecoms is a good start. That allows lawsuits to proceed against them that, over the next few years, will make clear the scope of the domestic spying that was going on.

    To the extent that anything will change, it will be because a Democratic president and a Democratic Congress will look for a lot of legislative achievements in the first 100 days, riding a still-fresh wave of disgust, that have to do with (very loudly) making certain things illegal, restoring and strengthening FISA, and cleaning up the civil service. More than impeaching or imprisoning Bush, suing and jailing the civil servants who carried out his orders will put the fear into those who happily break the law under colour of executive authority.

    --
    Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
  32. Re:News at 11 by Znork · · Score: 3, Insightful

    Sounds pretty brazen to me.

    It's not like any lawsuit can do anything to him. He's got immunity. And it's not like he cares what people speak out against.

    Courage requires risking something. Bush's merely an obstinate simpleton, something a coward can easily be. As long as he doesn't risk getting smacked in the face about it.

  33. Re:For all you legal experts by justinlee37 · · Score: 3, Insightful

    I have never seen anyone show such blatant disregard for the constitution. The fourth amendment.

    This is nothing like "requiring the police to get warrants for using radar guns to check if someone is speeding," because they're observing something in public. Listening to your private communications, without your knowledge, and without judicial review, is something entirely else. You expect that to be private. It would be no different if the NSA decided to open all of your mail and read it, without having their actions reviewed by a judge, and without telling you.

    How would you feel then? Personally, I'd start to feel like it resembled Nazi Germany or Cold War Russia.

    What we ought to be asking is, why hasn't the supreme court acted?

    Hey, who is on the supreme court these days, anyway?

  34. Comment removed by account_deleted · · Score: 2, Insightful

    Comment removed based on user account deletion

  35. Re:How do they know? by Nimey · · Score: 2, Insightful

    Not that it matters. The congressional GOP will continue to obstruct investigations and enable the Decider, and the Party leadership's wishes are more important than those of the People, especially People who are not rich and powerful contributors.

    --
    Hail Eris, full of mischief...

    E pluribus sanguinem
  36. Impeachment by MarkusQ · · Score: 3, Insightful

    Impeachment may have been worthwhile years ago, but at this point unfortunately it would be hugely counterproductive. It's far too late to really accomplish much of anything, and all the other asshats would have a field day politicizing it for the next election.

    I beg to disagree, Impeachment is as important now as it ever was, and should be pursued (IMHO) even after the present administration has left office.

    Why? Because the basic purpose of impeachment is not political theater, throwing the bums out, or any of the other nonsense that is commonly cited. Impeachment is about investigating plausible claims of wrong doing by high ranking officials and if the claims are true meting out appropriate consequences. We are in a very risky point in our history, but not because of the offenses against our constitution presently being perpetrated, but rather because of the precedent we setting by ignoring them. The third amendment

    No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

    is interesting in that it is the only part of the Bill of Rights that the present administration hasn't been plausibly accused of violating. And yet we do nothing.

    So turn the question around: if we aren't going to impeach now, when would we? And what sort of message does that send to future administrations, of either party?

    --MarkusQ

  37. Re:How do they know? by Steve+B · · Score: 2, Insightful

    Nope. Under existing law, neither of those is a problem... for legal surveillance with a legitimate national security authorization.

    This is about a coverup for administration crimes, nothing else.

    --
    /. If the government wants us to respect the law, it should set a better example.
  38. Re:News at 11 by sethadam1 · · Score: 2, Insightful

    He's got immunity. Historically, Congress has several actions at their disposal to formally censor, impeach, override, or otherwise reprimand a president. However, what should scare us is that this congress full of pansies won't, and this country of fat lazy bastards will lose interest and go back to TMZ's 24-hour Britney rehab-watch coverage.