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Telecom Immunity Bill Hides Spying Provisions

Corrupt notes an Ars analysis of the FISA bill of which the telecom immunity provision has been getting all the attention. Timothy B. Lee enumerates the ways in which the bill loosens current protections on domestic wiretapping and opens up whole new areas to government eavesdropping. "The legislation eliminates meaningful judicial oversight of eavesdropping between American citizens and foreigners located overseas, and effectively legalizes dragnet surveillance of domestic-to-foreign traffic. It stretches out the judicial review process so much that the government will in many cases be able to complete its surveillance activities before the courts finish deciding on its legality."

21 of 202 comments (clear)

  1. Yello (belly) alert by sm62704 · · Score: 5, Interesting

    More murders are committed every year on American soil than all the American terrorist deaths in the 21st century. The difference between terrorism and ordinary murder is the intended victim - politicians.

    It wasn't the world trade center or even the Pentagon that created the hysteria over terrorists. It was the plane that didn't make it out of Pennsylvania, the one aimed at Congress.

    My government is run by cowards.

    --
    mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    1. Re:Yello (belly) alert by Tenrosei · · Score: 5, Funny

      I like to believe that the reason we have more murders then terrorist deaths is because we want to prove that we can do it better than outsourcing can.

    2. Re:Yello (belly) alert by palladiate · · Score: 5, Insightful

      How about the billions in chasing phantom terrorists, waging two wars, creating the DHS, funding a massive wiretapping dragnet, new TSA security crackdowns, general security crackdowns, and plenty of pricey court cases arguing against the 4th Amendment.

      Your pathetic attempt at distraction ignores the devastating cost of our overreaction.

    3. Re:Yello (belly) alert by Jah-Wren+Ryel · · Score: 5, Insightful

      And how many billions does it cost for those murders? 9/11 may have "only" killed 3,000 people, but it cost us several billion in clean-up, insurance, legal costs et al and sent our economy into a tailspin. All these pathetic analogies to deaths from bee-stings or bath-tub accidents or homicide ignore the devastating economic costs of terrorist attacks.

      I would say that say "several billion" more than covers the clean-up, insurance and legal costs. While the hit to our economy is way into the trillions - how much have we wasted on Iraq alone, and then there is the sum of all the time wasted by TSA theatrics.

      The difference is that the economic cost of terrorist attacks is largely self-inflicted - we do it to ourselves out of irrational fear. That's why the bee-sting and bath-tub death comparisons are apt -- they are meant to illustrate that our society does not have an irrational response to bees despite them killing more people than terrorists, so maybe we should get a grip and stop reacting irrationally to terrorism too.

      --
      When information is power, privacy is freedom.
    4. Re:Yello (belly) alert by Anonymous Coward · · Score: 5, Insightful

      Wake the fuck up. Our senators don't give a flying shit about you and nor have they ever cared about what citizens believe. They are not there to represent you, me, or anybody, except they are there to represent the government of your state, nobody else. It is the house that represents you, not the senate. The house has already passed the law therefore the senate will just pass it as well since clearly the people that were suppose to represent us has failed us all.

      Senators only care about one thing, money and power, and they're getting both with this bill. So, we're fucked and there is nothing we as citizens can do anything about it cause the government went corrupt a long time ago and it just continues to get bigger and bigger.

    5. Re:Yello (belly) alert by UncleTogie · · Score: 4, Funny

      Your government is the one who orchestrated all those planes craches in the first place.
      Governments ares run by people even more deceptive than you could ever imagine.

      ...are you talking about the same people that couldn't even keep a simple blow-job quiet?

      --
      Don't tell me to get a life. I'm a gamer; I have LOTS of lives!
    6. Re:Yello (belly) alert by sm62704 · · Score: 5, Insightful

      let's not lose our perspective on the nature of terrorism either

      We already did. Forty thousand people die on American highways every single year. Those deaths are no less traumatic to the families than the WTC deaths to those families, or those murdered by non-political murderers.

      I want some of that homeland security money to go to guard rails.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    7. Re:Yello (belly) alert by TubeSteak · · Score: 5, Insightful

      The difference between terrorism and ordinary murder is the intended victim - politicians.

      This is a vast oversimplification. Try telling that to the families of those killed in a certain Israeli pizza shop or in the WTC.

      How is it a vast oversimplification?

      Generally speaking, the entire point of terrorism is to further political or ideological goals.
      Most people define terrorism by the motivation and intent of the attack, not by the scale.

      As an example, the difference between terrorists (Beltway Snipers) and mass murderers (Columbine HS shootings) is entirely one of motivation and intent. Or another example would be hostage taking. What differentiates bank robbers who take hostages from Hezbollah or Hamas taking hostages? Why do we not call hostage-taking-bank-robbers terrorists?

      The GP is 100% correct.
      The difference between terrorism and ordinary murder is the intended victim - politicians.

      --
      [Fuck Beta]
      o0t!
    8. Re:Yello (belly) alert by Klaus_1250 · · Score: 4, Insightful

      This is a vast oversimplification. Try telling that to the families of those killed in a certain Israeli pizza shop or in the WTC.

      That is a vast oversimplification as well. The fact that people died in the 9/11-attacks is very very tragic, but they were not the target of the attacks, they were collateral damage. I'm pretty sure the attackers didn't care about the deaths of "infidels", but they were attacking the symbols of Americanism (note that I'm not writing America/USA or Americans here). Collateral damage was acceptable for them. Just as it was when "the Coalition" invaded Iraq. Just as it has been in every major conflict.

      --
      It only takes one man to change the Wisdom of the Crowd to Tyranny of the Masses.
  2. What are you so worried about? by RobertB-DC · · Score: 5, Insightful

    What do we have to be so darned worried about? It's not like the President would compile an "Enemies List" of people to wiretap, or something. This is America, right?

    oh crap

    --
    Stressed? Me? Of course not. Stress is what a rubber band feels before it breaks, silly.
  3. Is it just me? by Anonymous Coward · · Score: 5, Insightful

    Is it just me, or does anyone else remember how in the 80s we were always being told that the Russian government (oooh, these evil Ruskies!) spied on their people and that the US was above that sort of behavior? And is it any surprise that it's essentially the same people in power now who are FOR this sort of governmental behavior? I guess as long as they got a boogeyman somewhere......

  4. Re:Judicial oversight by pembo13 · · Score: 5, Insightful

    Who says it ever gets to the courts?

    --
    "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
  5. Re:Judicial oversight by hypnagogue · · Score: 4, Insightful

    its still up to the courts what evidence they will accept.

    When would the courts decide this? You are implying that there would be a trial.

    --
    Liberty you never use is liberty you lose.
  6. So it's even worse than we thought... by hyades1 · · Score: 4, Insightful

    If people don't start swamping their representatives with letters, calls and e-mails telling them to strangle this evil piece of legislation in its cradle, a lot of the things that make the United States a place worth living in will start sliding away.

    Bin Laden must be laughing himself sick. One terrorist act that kills fewer people than died every single day during WWII, and the US starts throwing the rights and freedoms its heroes bled and died for down the nearest toilet...with enthusiastic applause from hysterical soccer moms and authority-worshiping lackwits.

    --
    I've calculated my velocity with such exquisite precision that I have no idea where I am.
    1. Re:So it's even worse than we thought... by Anonymous Coward · · Score: 5, Informative

      Bin Laden must be laughing himself sick. One terrorist act that kills fewer people than died every single day during WWII, and the US starts throwing the rights and freedoms its heroes bled and died for down the nearest toilet...with enthusiastic applause from hysterical soccer moms and authority-worshiping lackwits.

      And the most depressing thing is that he, himself, predicted it whie the rubble was still smoldering.

      "I tell you, freedom and human rights in America are doomed. The US Government will lead the American people - and the West in general - into an unbearable hell and a choking life."
      - Osama bin Laden, as quoted in his only post-9/11 interview, ca. November 2001, and as aired on CNN in early 2002.

  7. Checks and Balances by wooferhound · · Score: 5, Insightful

    When I was in school I learned that our government is a system of Checks And Balances. What the article is telling me is that the Telcom bill is removing all of that as unnecessary.

    --
    We are Dead Stars looking back Up at the Sky
  8. Re:Judicial oversight (30+ days of spying w/o) by gothmogged · · Score: 5, Insightful

    You're missing the point. The oversight process in this bill permits spying to take place for thirty days to four months before being forced to stop. The govt can spy for thirty days (plus the 1 week before submission of certification) even if judicial oversight rejects their case the moment it is presented.

    The timeline assuming the agency's goal is maximizing the spying time:

    0 day - spying begins without any preamble
    1 week - Gov must submit certification for review
    1-30 days + 1 week - judge must returns review
    if judge objects
      30 days after review- the govt must stop spying
      unless they appeal to FISA
          then they could have another 30 days

    If the judges and courts have full queues that could push the whole thing to four months.

    Assuming it gets rejected they presumably (IANAL) cannot use the evidence in court. Nonetheless they were legally empowered to look through your internet/telephone underwear drawer for over a month. How are you feeling about your 4th amendment rights now?

    The article goes on to describe how the constraints make this law very easily abused to include spying upon americans for a wide variety of pretexts. That is the other half of the problem.

    This is a terrible law even if you ignore autocracy being implemented by the telecom amnesty provisions.

  9. Re:Slashdot community helped to keep a lid on it. by shipbrick · · Score: 4, Insightful

    That's something that scares me about Obama. He seems to be capable of doing no evil, according to many of his supporters. When some negative aspect regarding him is brought up, it is simply dismissed without regard. Which, in some sense, is reminiscent of Bush and his supporters. I'm not saying Obama is or will be as atrocious as G.W.(I pray to zombie-jesus that no president during the rest of my lifetime will be as bad as W). I'd just like to point out that we shouldn't exempt Obama from the scrutiny and skepticism that should always be employed.

  10. 12% Approval by Archangel+Michael · · Score: 4, Insightful

    Here's an interesting stat, everybody tends to like (tolerate) their Senator and Congress Critter, however Congress and Senate have about a 12% overall approval rating.

    These numbers really don't make sense, not at all. Each congress critter / senator is part of the whole and thus part of the problem for everyone who isn't part of that 12%.

    FISA is just a symptom of the problem of overly complex and burdensome legislation. I'm sure there is SOME part of FISA that you (everyone) would agree is okay perhaps even needed, however that is over shadowed by all the parts that you (everyone) don't like, hate, despise or whatever.

    Which is why, almost overwhelmingly, we don't like FISA as a whole. The process sucks, because just enough people like each part to get it included into the whole, but the whole is untenable.

    This directly mirrors our view of congress, we like the part we voted for, but no the aggregate whole.

    Personally, I'd like to see a new Constitutional Ammendment that every 8 to 16 years, the nation as a whole votes on all the congress critters and senators as an aggregate group, Yes / No. And if they get a "NO" then they (the aggregate whole lot) can never run for any office ever again (not even honorary town dog catcher), and lose whatever pension they might have coming.

    It is time to clear out the deadwood.

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  11. Facebook Groups to lobby Individual Senators by Merlinus · · Score: 4, Informative

    There is a group on facebook to lobby Senator Obama and follow-up groups to lobby every Senator individually:

    http://www.facebook.com/group.php?gid=17961184023

    Groups for Minnesota Senators Klobuchar and Coleman:

    http://www.facebook.com/group.php?gid=17065979228

    http://www.facebook.com/group.php?gid=18283117073

  12. Privacy Rights by EgoWumpus · · Score: 4, Insightful

    You are assuming the evidence is being used against you. As it turns out, if the cops illegally search you, and find evidence of wrongdoing on the part of someone else, that other person has no grounds to appeal the illegality of the search. Nor, unsurprisingly, do you have grounds to object to the search - the recourse for an illegal search is that the results cannot be used against you. Thus, you have no recourse if they're going after someone else.

    Note that this is a double-edged blade; if they find something searching someone else's stuff on you, you have no recourse. Before this legislation the evidence could be thrown out because the telecom tap was illegal. Now, it's not.

    --

    [Ego]out