Slashdot Mirror


FBI Hid Patriot Act Abuses

I Don't Believe in Imaginary Property writes "Wired is reporting that the FBI hid Patriot Act abuses with retroactive and flawed subpoenas, and used them to illegally acquire phone and credit card records. There were at least 11 retroactive, 'blanket' subpoenas that were signed by top counter-terrorism officials, some of which sought information the FBI is not allowed to have. The FBI's Communication Analysis Unit also had secret contracts with AT&T, Verizon and MCI, and abused National Security Letters by issuing subpoenas based on fake emergencies."

71 of 243 comments (clear)

  1. And? by pedestrian+crossing · · Score: 5, Insightful

    How many people will lose their jobs/careers/freedom for these transgressions?

    None.

    --
    A house divided against itself cannot stand.
    1. Re:And? by PhrostyMcByte · · Score: 5, Insightful

      That would require them admitting they did wrong. It's much easier to claim national security is at risk.

    2. Re:And? by rob1980 · · Score: 3, Funny

      But surely these actions at least put some terrists out of work?!

      /facepalm

    3. Re:And? by bsane · · Score: 2, Funny

      No so far they're still working for the FBI/Homeland/CIA... we'll see if the congressional investigation does anything though.

    4. Re:And? by smooth+wombat · · Score: 5, Insightful
      How many people will lose their jobs/careers/freedom for these transgressions?

      None.

      Funny you should say this. I'm getting ready to write a piece on how it seems more and more, incompetency and failure are rewarded while honesty and hard work are denigrated.

      Using this administration is much too easy. Look at all the generals who have been honest about their assessments of how poorly run the occupation of Iraq has been, the mismanagement and theft of billions of dollars, the lack of equipment for troops and a whole host of other issues irrespective of the lies that were used to justify the occupation. Where are those generals now? Forced into retirement.

      How about Katrina? "You're doing a heck of a job, Brownie." Brownie completely fails at his job and gets rewarded by being a consultant to examine why he failed doing his previous job.

      Outside the administration, look at Countrywide Financial or Citigroup. Countrywide's CEO uses insider information to sell his stock before the subprime mess hits and makes millions. Investors are left holding the bag, wondering if the company is going to go bankrupt.

      Citigroup's former CEO, Charlie Prince, got multi-million bonuses for running the company into the ground, wiping out years worth of profits and having to have the company rescued by foreign governments lest it collapsed.

      HP, Enron, and a whole host of other companies follow the same pattern. Reward the incompetent failures with buckets of money and act as if they're doing people a favor, all the while, the folks who do the real work, the grunts on the front line, get the shaft. Every time.

      Naw, I'm not bitter. What would make you think that?

      --
      We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
    5. Re:And? by EXMSFT · · Score: 4, Interesting

      That would require them admitting they did wrong. It's much easier to claim national security is at risk. Feels a sneeze coming on.... ahh... ahh... McCarthy!

      Whew. Much better.

      But really. It's all for the greater good.
    6. Re:And? by gEvil+(beta) · · Score: 2, Funny

      But really. It's all for the greater good.

      Yarp.

      --
      This guy's the limit!
    7. Re:And? by nschubach · · Score: 4, Insightful

      The part that bothers me about the PATRIOT Act is that our forefathers would be considered terrorists.

      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
    8. Re:And? by Gewalt · · Score: 5, Insightful

      The part that bothers me about the PATRIOT Act is that our forefathers would be considered terrorists.
      They were terrorists, and damn proud of it too.

      What bothers me about your comment is you would consider our founding fathers terrorism to be shameful.
      --
      Modding Trolls +1 inciteful since 1999
    9. Re:And? by sm62704 · · Score: 4, Informative

      Naw, I'm not bitter

      And people wonder why geezers like me are cynical. There was a book several decades ago called The Peter Principle. The premise was "In a hierarchy every employee tends to rise to his level of incompetence." It explains why things are so messed up.

      The last Governor here in Illinois is in a Federal prison for bribery and other misconduct, another example of what you illustrate well in your comment.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    10. Re:And? by JasonTik · · Score: 2, Informative

      Undoing accidental Moderation. Sorry for the random post. This moderation system NEEDS a confirm button, not a javascripted, auto-committing box.

    11. Re:And? by Anonymous Coward · · Score: 5, Insightful
      They were seditionists but I wouldn't call them terrorists - they started a militia war against an occupying army but AFAIK they didn't target civilians.

      Not directly perhaps, but they frequently did not wear uniforms and hid among civilians, putting them at risk. At the very least, that made them "unlawful combatants" by modern terminology. Also, the boatload of tea dumped into Boston harbour was hardly a military target.

    12. Re:And? by networkBoy · · Score: 5, Insightful

      I have a friend that said something to the effect of it's vaguely like home. He said it with sadness. He emigrated from Russia (proper) after the wall fell. Some of the other folks I know from the Ukraine have said similar things. They all agree that politically it is not as bad as it was there, but we are marching slowly and relentlessly that direction.
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    13. Re:And? by tha_mink · · Score: 3, Insightful

      Also, the boatload of tea dumped into Boston harbour was hardly a military target. I wouldn't call that an act of war or terrorism either though. More like plain ole civil disobedience.
      --
      You'll have that sometimes...
    14. Re:And? by nschubach · · Score: 4, Interesting

      Oh, I'm sure it would have been. But let's (just for a moment) assume that the British government then, is like the current US government. They would have sent an "elite" force of troops to strategically capture Adams, Jefferson, Washington, et al. and have them disappear overnight. Anyone that spoke up against such crimes would also be silenced. The "New World Order" US government has become the tyrannical king.

      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
    15. Re:And? by smooth+wombat · · Score: 5, Informative
      Could you link to some sources? This is an interesting statement.


      Follow this link about halfway down to see a list of officers, including generals, as of late 2005, who were forced out because of their honest views. Since that time, others, including the most recent resignation of Admiral Fallon, can be added to the list.

      Certainly there are those in the above list who retired rather than wait to be forced out but the concept was the same: these were people who had long, distinguished track records of getting the job done but when they gave their honest opinions, they were told to leave or were forced out.

      --
      We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
    16. Re:And? by maxume · · Score: 2, Insightful

      The complete institutional failure of the federal government in responding to Katrina was not one person's fault.

      Mozillo(the former Countrywide CEO that you are talking about) made a planned sale of stock(and soon to expire options) meeting the standards of Countrywide's compensation committee and the SEC. He spent 30 plus years building the company and sold when the stock was doing incredibly well, but it's not like he was hiding anything(because there are rules in place preventing him from hiding anything):

      http://finance.yahoo.com/q/it?s=CFC

      If I had the choice of exercising some options and making millions, or doing nothing and making nothing, I would exercise those options. Maybe the process that granted him those options needs improvement, but there isn't really anything offensive about him exercising them(unless you hate people making large sums of money).

      Chuck Prince's compensation may be offensive, but somebody was on the other side of the negotiations and is at least as responsible as he is(not to mention everybody else involved in mismanaging Citigroup). Castigating him personally feels good, but it isn't like he was operating in some black hole, a company as large and diverse as Citigroup is subject to constant, intense scrutiny from both investors and regulators. They all failed right along with him.

      --
      Nerd rage is the funniest rage.
    17. Re:And? by Actually,+I+do+RTFA · · Score: 2, Insightful

      Also, the boatload of tea dumped into Boston harbour was hardly a military target.

      It was not a military target, but that was before the war began.

      A better argument would go to Washington's (in)famous crossing of the Deleware and attacking Trenton on Christmas (Eve?), violating the rules of war as they existed at the time.

      --
      Your ad here. Ask me how!
    18. Re:And? by Mister+Whirly · · Score: 2, Insightful

      "our forefathers would be considered terrorists"

      All a matter of perspective. (Winning also helps, as the winners are the ones that write the history books.) One man's "terrorist" is another man's "freedom fighter".

      --
      "But this one goes to 11!"
    19. Re:And? by CheshireCatCO · · Score: 3, Insightful

      "They" is a pretty vague pronoun here. While this certainly happened, I'm unaware of any evidence that such behavior was encouraged or even approved of by the Founding Fathers, or even the population as a whole. It's generally easy to get a some angry, vicious people together to commit acts of terror. This should not be used to tar an entire population, however. (Either in our history, or in the Middle East today.)

      Incidentally, I suspect that the Civil War provides better examples of very deliberate terrorism. Both sides committed acts and I don't know of either side acting to stop its own. (And I'm not even going to get into the distinction between terrorism and "total war", there.)

    20. Re:And? by techpawn · · Score: 3, Informative

      Admiral Fallon, can be added to the list.
      I love that we put an Admiral in charge of a land war. Granted, he may have been a genius about the art of modern evolving warfare. But Fallon claimed ongoing misperceptions about differences between his ideas and U.S. policy where making it too difficult for him to operate.
      --
      Ask not what you can do for your country. Ask what your country did to you
    21. Re:And? by eepok · · Score: 2, Insightful

      Yup, our founding fathers would be damn proud that their MILITARY TACTIC of terrorism and guerrilla warfare worked so well. Terrorism is a damn successful tactic used by the few to affect the many. Unfortunately, the US Government has seen it profitable to suggest that we are at war with the abstraction that is "terrorism". There is no singular enemy in terrorism. Thus, there's no end to the war.

      Look at every constitutional revolution or rebellion we can say we agree with (French, American, etc) and try to argue that the "good guys" didn't use terrorism.

    22. Re:And? by eclectic4 · · Score: 4, Interesting

      Therein lies the rub. I have still yet to find a true definition of what a terrorist is. Ask a gov official and he'll usually balk. I have been told that this is difficult to do as most definitions would then apply the "terrorist" tag to themselves...

      Kinda like when Israel and the US were the only abstaining votes at the UN when they were deciding what the definition should be... US backed Israel because most definitions would have applied to them, and us.

      --

      "The greatest obstacle to discovery is not ignorance - it is the illusion of knowledge." - Daniel Boorstin
    23. Re:And? by hachete · · Score: 3, Insightful

      One person's civil disobedience is another person's act of terrorism. Read some of the postings on this forum which regularly portray civil disobedience as acts of terrorism. Bill O'Reilly? Rush Limbaugh? Please: it's civil disobedience when it suits you, I know. In fact Revolutionary - or Patriot if you were on the other side - is the 1770s version of terrorist.

      --
      Patriotism is a virtue of the vicious
    24. Re:And? by Actually,+I+do+RTFA · · Score: 3, Interesting

      The British Empire didn't get where it did by obeying rules of warfare.

      Against other Europeans it most certanly did. Parlays, breaks for lunch, meeting on the field of honor, not targeting officers, etc. All poor tactics, but adhered to by the British because of the rules of war.

      What they did to the Irish, Scots, Indians, Africans, etc, would make your blood curl.

      They were dicks once they won the wars to be sure.

      Calling Washington, Adams, Jefferson, etc terrorists is something I would expect a 4th grade history teacher to do or maybe just a 4th grader.

      I never did. However, I fail to understand how one would be offended by the concept. Did they not target the civilian population (Loyalists)? Isn't that the only true definition of a terrorist, one who targets a civilian population to sway their political opinion?

      --
      Your ad here. Ask me how!
    25. Re:And? by jafac · · Score: 2, Insightful

      Maybe the process that granted him those options needs improvement, but there isn't really anything offensive about him exercising them(unless you hate people making large sums of money).

      The money has to come from somewhere - so you present a false and dishonest argument with the statement "... unless you hate people making large sums of money..." - and the answer is YES - in cases like these, I hate people being rewarded for incompetence while many, many others are being deprived in exchange for hard work. It goes against my sense of right and wrong. Furthermore; it is counterproductive to the basis of our entire economic system to reward incompetent people inappropriately, at the expense of others who are productive. It discourages the promotion of competence, it discourages productivity, and wastes tremendous amounts of resources. I think I would much rather see schools, roads, and hospitals built on the revenues of the income tax, had that money been instead, invested into expanding the business, and paid towards salaries of workers, rather than cynically socked away into securities that were taxed at the idiotic "capital gains" rate; where they pretty much just go into this guy's swimming pools, luxury condos, and bank accounts in the Caymans, and produce nothing of value or note for anybody except the one guy, who managed to fuck things up for everyone else.

      So yeah, I'd much rather see hard working employees who have a stake in the success of their company being rewarded with huge sums of money, than to see assholes like this getting bailed out with golden parachutes on the way to their next golf game.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    26. Re:And? by MrNaz · · Score: 2

      This should not be used to tar an entire population, however.

      And yet there is this bizarre belief that all those who oppose American invasions are "terrorists".

      --
      I hate printers.
  2. Well by ShakaUVM · · Score: 5, Insightful

    Well, I guess we no longer need to argue back and forth over the "slippery slope" of giving the government access to stuff it shouldn't have access to.

    The case is closed - the government will abuse any power it has access to.

    As Bruce Schneider says, what we do not need is security at the expense of liberty and privacy - we need liberty, security, *and* privacy.

    1. Re:Well by EXMSFT · · Score: 4, Funny

      I can't believe you don't know who Schneider is! He's the witty "Super" from One Day at a Time.

      Seriously, though, I think he meant Schneier.

    2. Re:Well by kiddailey · · Score: 3, Informative
      You asked: "How is it possible that a special 'right' to employ physical force against peaceful human beings -- the defining prerequisite of all government -- is NOT abuse?"

      It's not hard to find the answer:

      "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. -- That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed ..."
      The problem is when the government no longer derives its power from the consent of the governed. As in, the governed are manipulated into allowing a shift of power from them to the government.
  3. And the beat goes on. by TripMaster+Monkey · · Score: 5, Insightful

    I don't know why the FBI even bothers to try to hide its wrongdoing...after all, this administration has made it very clear that they are above the law, and that anyone who joins them in their abuses can enjoy a comparable freedom from responsibility.

    --
    ____

    ~ |rip/\/\aster /\/\onkey

    1. Re:And the beat goes on. by Gewalt · · Score: 2, Interesting

      MODS! I call you out! Parent post was NOT funny. Oh, it deserves the +5 rating, but in no way was it funny.

      Insightful? Sure.

      Informative? Maybe.

      Funny? Hell no.

      /sigh... well, there goes that karma.

      --
      Modding Trolls +1 inciteful since 1999
    2. Re:And the beat goes on. by PONA-Boy · · Score: 2, Interesting

      I don't know why the FBI even bothers to try to hide its wrongdoing If the Senate (and the President) have their way, this new FISA bill that provides RETROACTIVE immunity to the Telco's from prosecution will obviate any need for secrecy. I applaud the House for _their_ version, which renews most of the FISA provisions yet leaves out this Telco immunity nonsense.

      As I have read, heard, and understand, the current FISA (and general litigation) provisions already protect businesses from legal action so long as they were complying with lawful requests for information by government agencies. The current Executive administration is just trying to squeak out after getting its hand caught in the proverbial cookie jar.

      --
      +that's funny...I don't FEEL tardy.+
    3. Re:And the beat goes on. by Sczi · · Score: 4, Insightful

      Is the original FISA expiring, or just Bush's modifications? As I (think I) understand it (but could be mistaken), neither house of congress needs to pass a damned thing. The FISA laws that existed before any of this came up are still in effect, and they work just fine. FBI and police can easily get warrants if they have anything even resembling evidence, however they are subject to a bit of bureaucracy, but I can live with that. As for the wimpy telcos, maybe a few nice fat lawsuits will put the fear of the people into them, and they'll learn to question authority a bit better. It's not like they don't have droves of lawyers for just such an occasion. I'm sure they discussed whether or not they could be subjected to lawsuits, and if they take in the pants now, then the next time the question comes up, they will already know the answer, and they'll ask for a warrant like they should have done this time.

      The pre-existing FISA laws maintain a desirable level of what Antonin Scalia (and apparently others) called "calculated inefficiency".

      Here's a great quote I found trying to find out more about what Scalia was talking about (different justice, same sentiment):

      "In his famous Myers dissent Justice Louis D. *Brandeis said: "The doctrine of the separation of powers was adopted by the convention of 1787, not to promote efficiency but to preclude the exercise of arbitrary power. The purpose was, not to avoid friction, but, by means of the inevitable friction incident to the distribution of the governmental powers among three department, to save the people from autocracy" (p. 293). This is a classic expression of the eighteenth century hope that freedom could be secured by calculated inefficiency in government. A more modern hope is that freedom would be better served with more efficiency and more democratic accountability. We are still haunted by an ancient riddle: How far can we build up effective government before it topples over into despotism? How much inefficiency can we afford without slipping into disaster?" (bold=mine)

      http://www.answers.com/topic/separation-of-powers?cat=biz-fin

      I think that really says it all.. the FBI, et al, want unfettered access to basically everything, and there are probably some in the organization who are pushing for it, and their heart really is in the right place, but that's just not good enough. How efficient can they become before it "topples over into despotism"? I'd rather not find out.

    4. Re:And the beat goes on. by PONA-Boy · · Score: 3, Insightful
      ...this just in...the House has passed their bill, sans immunity, and it looks like the Senate will pass it along to the President. Bush has promised a veto.

      Quoting the AP article:

      The government does have the power to compel telecommunications companies to cooperate with wiretaps if it gets warrants from a secret court. The government apparently did not get such warrants before initiating the post-9/11 wiretaps, which are the basis for the lawsuits. So...legally...the government ALREADY has the tools to conduct their surveillance. Imagine THAT!!

      I quote again, from the article:

      "We cannot conduct foreign surveillance without them. But if we continue to subject them to billion-dollar lawsuits, we risk losing their cooperation in the future," said Rep. Lamar Smith, R-Texas. The operative words being "in the future". But, as previously stated, the government already HAS the power to compel the Telco's cooperation. So, I wonder again aloud, WHAT is our Executive administration up to? Why are they so keen to protect the Telco's? If I were to venture a guess I would say, "more of the same stuff the FBI just got caught doing."

      --
      +that's funny...I don't FEEL tardy.+
  4. Needed with 1 in 300 being a terrorist by transporter_ii · · Score: 4, Interesting

    Needed with 1 in 300 being a terrorist

    With one out of three people being a terrorist, I think we should all be gratefull that they are doing whatever it takes to get their jobs done:

    http://www.aclu.org/privacy/spying/watchlistcounter.html?=main

    Seriously, I said all along that they didn't care anything about catching terrorist...that it was just smoke and mirrors to monitor us. And low and behold, they will get to monitor us legally, as one out of three of us is a terrorist.

    If this doesn't scare the hell out of you, I don't know what will.

    Transporter_ii

    --
    Doctors destroy health, lawyers destroy justice, universities destroy knowledge, religion destroys spirituality
    1. Re:Needed with 1 in 300 being a terrorist by morgan_greywolf · · Score: 5, Insightful

      Needed with 1 in 300 being a terrorist So what they're essentially saying is that it must be true that out of a typical high school graduating class of 1,000 or, 30 people -- the equivalent of an entire classroom of kids, is a terrorist. (Just using the high school as an example to show scale, don't mean to imply anything about age or whatnot).

      Well, fsck. Guess I'll have to quit my job, move to Montana and live out in the middle of the woods where no one can find me...wait? What did you say? The Unabomber. Sh*t. Time to move to Australia. Is there a big demand for sysadmins in Australia?

    2. Re:Needed with 1 in 300 being a terrorist by molex333 · · Score: 5, Interesting

      This is my favorite. Marine Staff Sgt. Daniel Brown was blocked from flying while on his way home from an 8-month deployment in Iraq. He was listed as a suspected terrorist due to a previous incident in which gunpowder was detected on his boots, most likely a residue of a previous tour in Iraq. I was actually held for 2 hours once because one of the people in airport security because I smelt like gasoline. I was returning home from a business trip and I had to fill up a rental car with gas. There was some gasoline residue on my shoes. Do I really need to be searched and treated like a criminal for filling up a car with gas?

      --
      Somewhere in a dark place you will find:
      www.m1
    3. Re:Needed with 1 in 300 being a terrorist by EXMSFT · · Score: 2, Funny

      We can't be sure he's dead. Not until we've found his stockpile of Weapons of Mass Distraction. And his army of clones waiting with them.

    4. Re:Needed with 1 in 300 being a terrorist by Jimmy+King · · Score: 5, Interesting

      Sadly, that sounds about accurate. A co-worker of my wife has a husband who is doing federal time and is labeled as a domestic terrorist. You know what he did? He and a couple friends tried to blow up a port-a-potty in the middle of the night.

      Stupid? yep. Irresponsible? Yep. Terrorism? Only if damned near everyone I knew in highschool is a terrorist for doing similarly stupid and destructive crap.

    5. Re:Needed with 1 in 300 being a terrorist by tsm_sf · · Score: 3, Insightful

      Terrorists are not killing to kill. They want their way and are using it as a mechanism to show "Anybody, any time. You are not safe. We will have our way."

      Oh, like the TV show Cops.

      --
      Literalism isn't a form of humor, it's you being irritating.
  5. Happens all the time. by morgan_greywolf · · Score: 2, Informative

    Of oourse, it gives those convicted using such information grounds for appeal. The evidence gathered could be thrown out and their convictions overturned.

    The FBI should know better.

    1. Re:Happens all the time. by TripMaster+Monkey · · Score: 5, Insightful

      The point of all this blanket monitoring is not to secure convictions of suspected terrorists. The old FISA law was completely adequate for that purpose.

      The purpose here is to make the American public toe the line, and for that purpose, convictions are not necessary. The mere threat of action, with the associated social embarrassment and financial hardship, will do nicely.

      --
      ____

      ~ |rip/\/\aster /\/\onkey

  6. Power. Will. Be. Abused. by Britz · · Score: 4, Insightful

    Democracy is just a set of checks and balances to prevent that. We wouldn't need to elect leaders and stuff if it wouldn't be for that. We actually don't need so many new laws in our day-to-day lives. All we would need is a good lawbook to start from and police to enforce it. But since power will always be abused we need that complicated thing called democracy to be able to get rid of people that abuse too much.

    By removing checks and balances (which is currently done in almost all democracies all over the world for no reason) we see an upsurge of abuse.

    So nothing to see here, please move along.

  7. Re:telco immunity vindicated? by schwit1 · · Score: 4, Informative
    This revelation doesn't exonerate anyone.


    There's a big difference between being asked for communications to or from an internet account or phone and being given unfettered access to all provider traffic.

  8. This is why we have the second amendment by 91degrees · · Score: 5, Interesting

    So - all you guys with guns, who maintain that they can protect us from a corrupt government. Where are you? We need some protecting from a corrupt government.

    1. Re:This is why we have the second amendment by morgan_greywolf · · Score: 2, Informative

      So - all you guys with guns, who maintain that they can protect us from a corrupt government. Where are you? We need some protecting from a corrupt government. I think you're looking for this guy.
    2. Re:This is why we have the second amendment by Mister+Whirly · · Score: 2, Insightful

      Soap box, Ballot box, Jury box, Ammo box -- In that order. I think the jury is just about letting out now...

      --
      "But this one goes to 11!"
  9. With great power comes great responsibility by BadAnalogyGuy · · Score: 5, Insightful

    No one is seriously in favor of wiping out all security and simply letting crime happen as it wills. There is a reason we need the FBI, military, and local and state police departments. We all agree that crime prevention and the provision of justice is one service that government must provide. Otherwise we would live in anarchy, and even though the thought of vigilante justice is attractive to some, we for the most part believe that their must be a social framework upon which we want to build our culture. This necessitates a government and the responsibilities both of and to it.

    To that end, the expansion of police powers at the top levels of the government is not necessarily a bad thing. When we look at 9/11 and the failure of communication between various law enforcement agencies, it is clear that we cannot have a law enforcement system where one hand doesn't know what the other hand is doing. The Patriot Act, for all its faults, is trying to address this need by opening up and sharing the law enforcement databases so that vital information is not overlooked or ignored simply because it is not available. The implementation has left a lot to be desired, though.

    When we start to expand federal powers, such as like and under the Patriot Act, great care must be taken to provide oversight capable of taking the power wielder to task. Normally, you'd expect this to be Congress. But much more fundamentally, you would expect the President (the Chief Executive) to show some restraint and good sense in the execution of the expanded powers. What we have unfortunately seen is that the President has not seen fit to restrain the DHS and has not forced common sense and common decency as policy. Rather, the departments have run wild creating new and more intrusive rights for themselves at the expense of American freedoms.

    We say we are the beacon of the world, but we have not lived up to that moniker here at home, and we have destroyed our good name abroad. We must start our transformation immediately back into that beacon, and we must start at home.

    1. Re:With great power comes great responsibility by Dr+Caleb · · Score: 3, Informative

      "We all agree that crime prevention and the provision of justice is one service that government must provide."

      No, we do not. Most of what you say I agree with, but this I do not.

      'Crime Prevention' is a misnomer that has given police departments carte blanch to do many of the things we see above. The government must investigate crime, and prosecute those responsible in a fair trial.

      I have yet to see a police or law enforcement that has 'crime prevention' in it's charter, because it is impossible. Just as 'preventing terrorism' is, or 'suicide prevention'. If someone wants it to happen bad enough, no law enforcement agency can prevent it. Giving them the tools to 'prevent' what got us here to begin with. Give them the tools to find out what happened. Nothing more.

      --
      "History doesn't repeat itself, but it does rhyme." Mark Twain
    2. Re:With great power comes great responsibility by Rampantbaboon · · Score: 2, Insightful

      When we look at 9/11 and the failure of communication between various law enforcement agencies, it is clear that we cannot have a law enforcement system where one hand doesn't know what the other hand is doing. The Patriot Act, for all its faults, is trying to address this need by opening up and sharing the law enforcement databases so that vital information is not overlooked or ignored simply because it is not available The problem with this is, rather than try and fix communication issues, they decided the solution was more monitoring by more agencies to allow more things to be communicated. The previous survailence laws were plenty sufficent to do what the government needed with a bit of re-orginization. Law Enforcement agencies should have shared their info with each other and Military Intelligence/CIA. The non Law Enforcement intelligence should stay on it's side of the wall, though.
  10. Re:telco immunity vindicated? by Shaltenn · · Score: 4, Insightful

    "they were illegally requested to do things in a way that may have appeared valid to their legal council"
     
      If their legal council couldn't bother to verify what was going on before bending over and accepting this, then there's a whole other issue that needs to be dealt with. But that's besides the point. They (the telcos) did something heinously wrong, and now they deserve to be punished.

    --
    If you were offended by anything I said... No, I'm not sorry. Please lighten up.
  11. Allow only NSA to have this capability by WindBourne · · Score: 4, Insightful

    Prior to the Patriot act, only the NSA was tapping our phones without a proper warrent. Now, we have the NSA, DOD, AND the DOJ hitting it. The ppl at the NSA have no real power to arrest ppl. More importantly, prior to W. they never shared their data with others EXCEPT when there is a reason. That means that they did not use their knowledge to affect regular citizens.

    OTH, the DOJ has ALWAYS abused their powers. ALWAYS. WHy? We have combined the ability to arrest, with the mentality to be a guarddog, the ethics of a Republican, and now with the ability to listen in on all. No wonder that they will lie, cheat and steal to achieve their goals. This is a group that now believes the ends justify the means. Very bad set-up. That is why DOJ must not have these spying abilities.

    Finally, the DOD is now looking through our lines. The problem is not that they are likely to use it against a citizen, but that they will use the knowledge to affect their future. IOW, they can now listen in on conversations between gov. ppl. This is part of the industrial-military complex that also needs to be stopped.

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:Allow only NSA to have this capability by Nimey · · Score: 2, Insightful

      Why do you propose letting the NSA have the ability to tap our phones without oversight? If the FBI can abuse it, so can the NSA, and NSA can certainly pass on information to organizations with the power to arrest or harass.

      --
      Hail Eris, full of mischief...

      E pluribus sanguinem
  12. Whats the point anymore by scubamage · · Score: 5, Insightful

    Seriously, Clinton gets a bj in office and gets impeached. Bush recklessly gets us into a war for no factual reason, destroys the economy, slashes and burns the constitution and nothing happens. The FBI abuses the patriot act, the NSA initiates a domestic spying program, and nothing happens. WTF America? Don't any of you have any pride or perspective anymore?

    1. Re:Whats the point anymore by stinerman · · Score: 5, Insightful

      The reason this happens can be easily explained with a short excerpt of a good book by a man named Douglas Adams:

      "I come in peace", it said, adding after a long moment of further grinding, "take me to your Lizard."

      Ford Prefect, of course, had an explanation for this...

      "It comes from a very ancient democracy, you see..."

      "You mean, it comes from a world of lizards?"

      "No", said Ford, ... "nothing so simple. Nothing anything like so straightforward. On its world, the people are people. The leaders are lizards. The people hate the lizards and the lizards rule the people."

      "Odd", said Arthur, "I thought you said it was a democracy."

      "I did", said Ford. "It is."

      "So", said Arthur, hoping he wasn't sounding ridiculously obtuse, "why don't people get rid of the lizards?"

      "It honestly doesn't occur to them", said Ford. "They've all got the vote, so they all pretty much assume that the government they've voted in more or less approximates to the government they want."

      "You mean they actually vote for the lizards?"

      "Oh yes", said Ford with a shrug, "of course."

      "But", said Arthur, going for the big one again, "why?"

      "Because if they didn't vote for a lizard", said Ford, "the wrong lizard might get in."

    2. Re:Whats the point anymore by scubamage · · Score: 4, Insightful

      "... Already long ago, from when we sold our vote to no man, the People have abdicated our duties; for the People who once upon a time handed out military command, high civil office, legions - everything, now restrains itself and anxiously hopes for just two things: bread and circuses." Juvenal, Satire X, on Roman apathy towards politics.

  13. Re:telco immunity vindicated? by timeOday · · Score: 5, Insightful

    This is why i felt the telcos deserve some immunity - they were illegally requested to do things in a way that may have appeared valid to their legal counsel.
    If so, they didn't break the law and their prosecution at trial will fail. So why do they need blanket immunity?
  14. Re:telco immunity vindicated? by fredrated · · Score: 2, Insightful

    "when the corruption comes from the top down, it's hard to determine what's right/legal and what isn't"

    No it isn't, that is what laws are for. Break the law and you have done something illegal, it is no more difficult than that. That is why companies have legal departments. Appeared valid to their legal department? ALL of their legal departments? Nonsense.

  15. Re:telco immunity vindicated? by DrLang21 · · Score: 2, Insightful

    If someone tries to sell you a unregistered hand gun from the trunk of a car in an alley and you buy it, you are just as guilty as the person who sold it to you. Just because you are asked to do something illegal doesn't mean that you are innocent under the law if you do it. The absolute BEST they could hope for is calling it entrapment. But I don't think an entrapment argument would hold up when the ones asking them to break the law weren't trying to get them on a crime, they just wanted help with their own criminal activity.

    --
    I see the glass as full with a FoS of 2.
  16. Re:telco immunity vindicated? by DrLang21 · · Score: 2, Interesting

    I would take this a step further. If their legal council bent over and accepted this, they should be examined by the Bar Association for incompetancy.

    --
    I see the glass as full with a FoS of 2.
  17. Re:telco immunity vindicated? by DrLang21 · · Score: 2, Insightful

    Not to mention that it has been long accepted that ignorance of the law is not a valid defense for violating it.

    --
    I see the glass as full with a FoS of 2.
  18. It's OK, though by hyades1 · · Score: 2, Insightful

    The Homeland Security people say they've laid a serious hurtin' on the terrorists, they just can't tell us anything about it for obvious reasons. And there have been no more attacks on American soil, which absolutely proves that they're doing everything right because otherwise all those terrorists they keep telling us about would be eating our babies right this very minute.

    So it's all OK and we should just quit worrying, because even though they legalized everything short of grabbing people off the street and exporting them to other countries for torture (Oh, wait a minute...) it would all be in our best interest because they're the good guys.

    So I guess what I'm saying is: lay off the FBI, because they know best and you guys are just making their job harder by pointing out that they're abusing their powers. And that's just wrong. Better we live on our knees than die on our feet and all that, because if there's another attack then the terrorists have won and the United States will have turned into a police state for nothing.

    And wouldn't that suck...

    --
    I've calculated my velocity with such exquisite precision that I have no idea where I am.
  19. FBI HID Patriot Act Abuses by djtriv · · Score: 2, Funny

    I read this too soon after waking up, and I thought the title read: FBI HID Patriot Act Abuses. I couldn't for the life of me understand how the FBI could possibly abuse my mouse.

  20. Re:In corporate America, government checks on you. by mb108 · · Score: 2, Interesting

    http://www.privacyinternational.org/article.shtml?cmd%5B347%5D=x-347-559597

    I don't see a whole lot of green and blue on this map. Greece is doing pretty good. Granted, it's disappointing that USA ranks right up their with Russia and China, but you can't really expect much privacy anywhere unless you take steps to ensure it yourself (GPG, Tor, Freenet, etc).

    IMHO the trend we're seeing is the downside of moving to an information-based society: if information is free for the taking, you betcha they're going to take it. Governments have been spying on citizens since there were governments, regardless of any policy-based protections; getting all wired up just makes things easier.

  21. Re:telco immunity vindicated? by gstoddart · · Score: 5, Insightful

    If so, they didn't break the law and their prosecution at trial will fail. So why do they need blanket immunity?

    The argument goes something like this:
    • Deep in their hearts, the morons at the top believed what they were doing was right, and just, and God was on their side
    • Using secret and scary tactics which the public isn't legally allowed to know the details of, they requested information
    • Under the secret and scary tactics, non-compliance means you support terrorism and can get jailed
    • Therefore, those who complied were acting both legally and justly because, after all, God was on our side

    The claim is that if companies had the right/obligation to say something to the effect of "Hmmm ... that sounds awfully illegal, can I consult my lawyer" then government could never effectively fight terrorism and keep the price of oil low. Therefore, since they should just roll over and do what they're asked, they should be immune from prosecution after the fact, because the government knew best. If, along the way, the telcos offered even more information that was legal/required, well, they were just anxious to help us in our noble quest.

    And, if they tell you what they've been up to, then the terrorists will know what our capabilities are, and we'll never catch them.

    It really is an astonishingly scary example of exactly why the erosion of the checks and balances that everyone said would happen, were a bad idea in the first place. The government gave themselves sweeping (and, arguably unconstitutional) powers after 9/11 -- at the time, everyone said it would lead to abuses. It has.

    The current strategy of the government is to prevent it from coming under scrutiny, and to ensure those that they recruited to help with this stuff have no consequences -- because if you were allowed to know everything that would happen, you'd be appalled and they'd look like even more like people who ran rough shod over the laws. They don't want everyone to know what they've been doing.

    Cheers
    --
    Lost at C:>. Found at C.
  22. There is a balance... by haakondahl · · Score: 2, Interesting

    ...and we know what happens when it is set too far in the direction of limiting the actions of the FBI about "information they aren't allowed to have". Try googling "Gorelick wall". For a really interesting take on coverups, read about how the woman whose policies made 9/11 possible also sat on the 9/11 Commission. Interesting.

    --
    Don't trust anyone under thirty.
  23. 1 in 300 =/ 30 in 1000 by ukemike · · Score: 2, Insightful

    So what they're essentially saying is that it must be true that out of a typical high school graduating class of 1,000 or, 30 people -- the equivalent of an entire classroom of kids, is a terrorist. (Just using the high school as an example to show scale, don't mean to imply anything about age or whatnot). 1 in 300 is equivalent to a bit more than 3 in 1000 not 30. Not only the author of the comment but at least 4 other people who modded him 'insightful' missed this order of magnitude mistake. Oops. I wonder if any of them are working on the terrorist watch list?
    --
    -- QED
  24. In Soviet Amerika by Jeremiah+Cornelius · · Score: 2, Funny

    Patriot Act hides FBI Abuse!

    Oh, those cagey bees! The party has found you.

    Can we just start calling the FBI by it's proper name? Is that Stasi, NKVD or the KGB.

    --
    "Flyin' in just a sweet place,
    Never been known to fail..."
  25. a simpler explanation by u8i9o0 · · Score: 2, Informative

    You're thinking about this wrong.

    With blanket immunity, all civil trials will stop completely.

    Without blanket immunity, the civil trials will expose any wrong doings that did occur. If the telcos were persuaded illegally by law enforcement to commit wrong doing, then such evidence will be used in oversight and criminal investigations against the law enforcement offices and officers themselves.

    Analogy time:
    1. A cop threatens to kidnap/disappear you unless you kill someone.
    2. You kill that someone and now face trial for the murder.
    Two outcomes:
    A. the cop 'silences' you before trial.
    B. the cop has serious connections and manages to get you immunity, hoping you shut up about the whole affair.

    To protect the law enforcement offices, they have to protect the telcos.

    Don't think about this as some cultural thing: it's strictly about covering up previous wrong doing. If it happens to allow for future wrong doing, well that's just an added bonus.

    --
    This is not my sig
  26. Just a thought... by AnotherUsername · · Score: 5, Insightful

    Komityet Gosudarstvennoy Bezopasnosti translates to Committee for State Security which is eerily the same name as the Department of Homeland Security. For those who do not bother with changing the full name to the acronym, the Komityet Gosudarstvennoy Bezopasnosti is more commonly(at least in the United States) known as the KGB.

    Just a thought.

    --
    I don't like Linux. This doesn't make me a troll.