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National Security Letters Reform Act Reintroduced

eldavojohn writes "A bill introduced today, similar to one that died in 2007, would reform the plague of National Security Letters and greatly narrow their scope. On top of that, it would mandate the destruction of any wrongly obtained information discovered in audits by the Inspector General that uncovered widespread improprieties in NSLs."

117 comments

  1. Forget National Security Letters by rodgster · · Score: 4, Insightful

    That is supposed to be what the courts and judges are for. Try reading the constitution some time.

    --
    Who will guard the guards?
    1. Re:Forget National Security Letters by Anonymous Coward · · Score: 4, Insightful

      Try reading the constitution some time.

      I cant. Its been stepped on, spat on and blurred so much you cant read it any more.

    2. Re:Forget National Security Letters by iminplaya · · Score: 5, Funny

      ...spat on and blurred so much you cant read it any more.

      That's why I don't like inkjet printers.

      --
      What?
    3. Re:Forget National Security Letters by codegen · · Score: 1

      Isn't that an ink quill printer?

      --
      Atlas stands on the earth and carries the celestial sphere on his shoulders.
  2. That's a good start. by palegray.net · · Score: 1, Insightful

    ... information discovered in audits by the Inspector General ...

    Now, how about the vast amount of information I'm quite certain wasn't discovered in these audits? Remember who we're talking about here.

  3. Surprise surprise! by Anonymous Coward · · Score: 1, Funny

    It was introduced by a Republican.

    1. Re:Surprise surprise! by fuzzyfuzzyfungus · · Score: 3, Insightful

      Interestingly, nothing chills republican circle-jerk fantasies of unlimited executive power quite like the possibility that a democrat might wield it.

      Who knows, another democratic term or two and the libertarian wing might actually start outperforming the authoritarian statist wing(though probably only at the same time that the invisible hand brings me a pony).

    2. Re:Surprise surprise! by wstrucke · · Score: 5, Insightful

      This anti-republican dogma has really got to stop. First of all, if you are going to believe in the myth of the "two sided democracy", then you have to at least admit that there are both good or bad eggs on both sides of the aisle. If that weren't true, then there would be no way we would be in the constitutional mess we are in today -- as soon as the "right" side got the majority, everything would have been fixed. Since that's obviously not the case, you have to assume that each majority has its' own agenda and the entire contemporary political machinery exists solely to maintain the existing power base in Washington and the elite of the U.S. Only when we as a society can get beyond the Democrat versus Republican myth will we truly start dismantling the subterfuge that is destroying our liberties, our Constitution, and our democracy. If we start looking at every politician based soley on his or her merits alone and ignore his or her political affiliation we would see the enormous "change of course" that we have been promised oh-so-many times and never actually seen.

    3. Re:Surprise surprise! by Shakrai · · Score: 5, Insightful

      Interestingly, nothing chills political party circle-jerk fantasies of unlimited executive power quite like the possibility that an opposing party might wield it.

      Fixed that for you. If you think the phenomena that you have described is unique to Republicans then I think you are in for a rude surprise.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    4. Re:Surprise surprise! by Savage-Rabbit · · Score: 1, Troll

      Only when we as a society can get beyond the Democrat versus Republican myth will we truly start dismantling the subterfuge that is destroying our liberties, our Constitution, and our democracy. If we start looking at every politician based soley on his or her merits alone and ignore his or her political affiliation we would see the enormous "change of course" that we have been promised oh-so-many times and never actually seen.

      What have you been smoking?

      --
      Only to idiots, are orders laws.
      -- Henning von Tresckow
    5. Re:Surprise surprise! by Shakrai · · Score: 2, Insightful

      If we start looking at every politician based soley on his or her merits alone and ignore his or her political affiliation we would see the enormous "change of course" that we have been promised oh-so-many times and never actually seen.

      The problem is that the vast majority of voters will never do that. The politicians know this and they know the key to winning is name recognition and publicity. That requires vast amounts of money in the modern era, which requires a vast organization (i.e: political party) to raise and manage said funds. Like most other large organizations the political party eventually forgets its original mandate and starts to focus on preserving and expanding the organization.

      Smarter people than I have failed to come up with a viable solution to this problem. In short, we are all screwed.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    6. Re:Surprise surprise! by hedwards · · Score: 3, Interesting

      Perhaps I'll stop with my anti-Republicanism when they stop actively fighting my self interest.

      If they want me to stop hating them perhaps they should stop fighting hate crimes legislation and preventing me from having all of my rights. Perhaps they should acknowledge that as a citizen, one that pays taxes no less, that I should have an equal amount of freedom.

      But then again, we could just pretend like the party doesn't have some incredibly anti-American policies. Perhaps we could then force it into a dogma because clearly people's own self interest must be dogma.

      I think it's vaguely ironic that you can't comprehend that people might hate the Republican party on it's merits without being strict partisans.

    7. Re:Surprise surprise! by tixxit · · Score: 5, Insightful

      First thing I learned in self-defense class in grade 7, never bring a weapon to a fight you don't want used against yourself.

    8. Re:Surprise surprise! by Anonymous Coward · · Score: 0

      ...viable solution to this problem

      The universe is still a baby, only 13 months old.. You weren't exactly civilized when you were that age.

    9. Re:Surprise surprise! by rts008 · · Score: 1

      You're deluded, it's bipartisan/tripartisan....It's Government at it's finest.

      '...Meet the New Boss, same as the Old Boss...'(it's a shame we leave out the 'won't be fooled again' part!)

      'The King/Queen is dead! Long live the King/Queen!'

      Welcome to reality, this concept is not new....Now Get off my lawn!

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    10. Re:Surprise surprise! by Anonymous Coward · · Score: 0

      Wrong thread, Shakrai and her gun nut friends are arguing over here......

    11. Re:Surprise surprise! by Anonymous Coward · · Score: 4, Insightful

      Why is "hate crime" legislation a good thing again? Honestly... why do you care about a person's motives when they beat someone up or kill them? It's assault and murder, all the same. It's all unacceptable, no matter the motivation.

    12. Re:Surprise surprise! by rts008 · · Score: 1

      I'm not usually a fan of the 'there, fixed that for you' type replies, but this one fits too well to complain or mod down.

      This particular bill was reintroduced as a bipartisan effort, but was presented by Rep. Jerrold Nadler (D-NY).

      Yes, lots of backstage political maneuvering happened here.

      The important point is both houses seem to be working together on this one.(or at least enough to get it passed) That's a change, hopefully for the better.*crosses fingers*

      >offtopic-personal
      BTW, still shooting?
      If you are interested, reply to rts008_AT_suddenlink_DOT.net
      I get to have firearms in the house next month, and plan on rebuilding a collection again!*like a little kid in candy store w/$20 dollar bill!* Long story I won't go into. ;-)

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    13. Re:Surprise surprise! by Curunir_wolf · · Score: 4, Insightful

      Perhaps I'll stop with my anti-Republicanism when they stop actively fighting my self interest.

      If they want me to stop hating them perhaps they should stop fighting hate crimes legislation and preventing me from having all of my rights.

      Meaning that your rights are better the somebody else's because you're in some "special" group. So if you get assaulted your assailant should be punished more than if you assault them. Yea, I get your issue with them, there.

      Perhaps they should acknowledge that as a citizen, one that pays taxes no less, that I should have an equal amount of freedom.

      That's funny, it sounded like you just said you wanted a greater amount of freedom than somebody else - my mistake, I guess. Wait - what's that "hate crimes" legislation that you want all about again?

      But then again, we could just pretend like the party doesn't have some incredibly anti-American policies. Perhaps we could then force it into a dogma because clearly people's own self interest must be dogma.

      Dogma? Self interests? You lost me. What is it the Republicrats - err, I mean the Republicans doing to you again?

      I think it's vaguely ironic that you can't comprehend that people might hate the Republican party on it's merits without being strict partisans.

      What's ironic is that you don't seem to be able to articulate anything specific that you think is bad about that party in particular.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    14. Re:Surprise surprise! by causality · · Score: 1

      If we start looking at every politician based soley on his or her merits alone and ignore his or her political affiliation we would see the enormous "change of course" that we have been promised oh-so-many times and never actually seen.

      The problem is that the vast majority of voters will never do that. The politicians know this and they know the key to winning is name recognition and publicity. That requires vast amounts of money in the modern era, which requires a vast organization (i.e: political party) to raise and manage said funds. Like most other large organizations the political party eventually forgets its original mandate and starts to focus on preserving and expanding the organization.

      Smarter people than I have failed to come up with a viable solution to this problem. In short, we are all screwed.

      That's what I mean when I say that we've lost our way. I do, with respect, disagree with you on one thing: "smart" isn't going to solve this problem. Wisdom is up to the task, however. The misunderstandings about wisdom happen not because it is so difficult that few could hope to grasp it, but rather, because it is so simple that nearly everyone overlooks it. The way I see it, there are but a few root causes of the mess we're in:

      The original American spirit of rugged individualism, independence, and freedom was based on pride. The trouble with pride is that it always focuses on the self, and the self is mutable and impermanent compared to the timeless principles on which these virtues could also be based. That means that pride is a shifting sand, while a more solid foundation is also available. Because of that, pride has a number of weaknesses that render inevitable its eventual undermining. The worst of these are convenience and its decay into dependence.

      For all of their foibles, governments understand one thing very well: if you want to own someone, get them to depend on you and your support by doing for them what they should do for themselves. Sell it in terms of convenience or duty. You see this in the USA with states that are afraid to defy the federal government because doing so would mean the loss of federal funding. States have the ability to levy their own taxes for exactly the purpose of raising the funds they need, yet many have come to depend on the federal money to where their budgets don't work without it.

      You see this on an individual level with the amount of upheavel that would happen if Social Security were suddenly cancelled. In a more subtle form, you see it when you are taught, from the time you are a child, that it is up to the "experts" to determine your intelligence, aptitudes, future success, well-being, and in summary, your self-worth. You see it when suddenly, the early education of children becomes an important government priority and thus, the state takes on a responsibility that rightfully belongs to parents. All of this in spite of the rather open declaration by various 19th century industrial tycoons that regulating the poor and preventing them from becoming educated enough to seriously question the status quo was the purpose of public education. Really, it's amazing; today's authoritarians are masters of subtlety by comparison. This, of course, was later extended to include the growing middle class. There is no greater reference for this than John Taylor Gatto's free online book. You see it as well when there is a pill for every ill, an emphasis on instant gratification, and shallow thinking rife with logical fallacies and propaganda techniques as mainstream news.

      Then there is religion. The morality of Judaeo-Christian beliefs was once a unifying force for this country. Many of the problems with this are now well-known and easily grasped. One problem is not so obvious. The mainstream forms of Christianity are more properly called Churchianity. Their followers do not love one

      --
      It is a miracle that curiosity survives formal education. - Einstein
    15. Re:Surprise surprise! by causality · · Score: 4, Insightful

      Perhaps I'll stop with my anti-Republicanism when they stop actively fighting my self interest.

      If they want me to stop hating them perhaps they should stop fighting hate crimes legislation and preventing me from having all of my rights. Perhaps they should acknowledge that as a citizen, one that pays taxes no less, that I should have an equal amount of freedom.

      But then again, we could just pretend like the party doesn't have some incredibly anti-American policies. Perhaps we could then force it into a dogma because clearly people's own self interest must be dogma.

      I think it's vaguely ironic that you can't comprehend that people might hate the Republican party on it's merits without being strict partisans.

      You're absolutely right about the Republican party having anti-American policies. Unfortunately, both of the major parties have this problem. If it were only one of them, then this would have been a self-correcting system.

      The one thing I'd like to ask you about is hate-crime legislation. To me, a hate crime is a thought crime because it depends on what the criminal was thinking at the time the crime was committed. It seems to me that if someone commits i.e. murder, we should try them for murder. What they were thinking at the time may help the prosecution to establish motive, but the actual crime is having illegally killed another human being. Otherwise the next logical step is to punish people who have such thoughts whether or not they also committed any other crime.

      The problem is we as a culture are not big fans of taking ideas to their completion, to any and all "next steps" to find out at what point they break down. If that point is fairly close to the proposed implementation, then the idea is probably a bad one that will do more harm than good. If that point of failure is a far extreme that is not remotely connected to the proposed implementation, then it may or may not be a good idea. To me, hate crimes are clearly the former case.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    16. Re:Surprise surprise! by iminplaya · · Score: 2, Insightful

      Yes well, there are those of us who remember the democrats haven't exactly been a bunch of angels. Before Iraq there was a little thing called Vietnam and George Wallace and the rest of the "Dixiecrats" who simply switched sides in 65. For some it's pretty easy to see that there is no real opposition. Singling out one faction is counterproductive. The basic problem goes much deeper. Jeeze! These guys are traveling insurance salesmen with much nicer threads. Why are we falling for this?

      --
      What?
    17. Re:Surprise surprise! by Profane+MuthaFucka · · Score: 5, Funny

      I thought the rule was to bring enough to share.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    18. Re:Surprise surprise! by Anonymous Coward · · Score: 1, Interesting

      "then you have to at least admit that there are both good or bad eggs on both sides of the aisle."

      Since the Republicans had a majority in the legislature and the Executive Branch for quite some time, I think it is more than appropriate to blame Republicans for the messes the US is in now including but not limited to an extreme erosion of civil liberties and a disregard for the rule of law. The first vote I ever cast in a national election was for Newt's Republican Revolution. In high school, I actually wore for months the dollar-bill National Debt Awareness ribbon promoted by Limbaugh. I was a dittohead. But the republicans of the last 8 years seemed to have gone out of their way to alienate me. As far as I am concerned and until shown otherwise, I consider every last one of the Republicans to be incompetents or scumbags. I had hope that the Democrats would show some backbone and make some smart changes. I'm not so far all that impressed. But I still blame the Republicans for causing me to hate politics and politicians. Yeah.. that's why I'm anti-Republican.

    19. Re:Surprise surprise! by wellingj · · Score: 1

      One of the things I learned in life is always strive to have the better weapon/technique and never use it as a first resort.

    20. Re:Surprise surprise! by wellingj · · Score: 1

      Are you running for office? I'll send money.

    21. Re:Surprise surprise! by Dhalka226 · · Score: 2, Insightful

      Going to reply to your post backward, just to get the simpler half out of the way before the more rambling part.

      Otherwise the next logical step is to punish people who have such thoughts whether or not they also committed any other crime. [. . .] the problem is we as a culture are not big fans of taking ideas to their completion, to any and all "next steps" to find out at what point they break down.

      I agree to a point. It's definitely worthwhile to follow something to a conclusion. On the other hand, what you're referring to is "slippery slope," and it's a logical error of argumentation. In other words, something running into a bad conclusion is an excellent reason not to follow it to its conclusion -- but not necessarily a good reason not to take a step in its direction. Only if you have something more than "BUT WHAT IF!" to indicate that it WILL go to its conclusion if you take that step is it particularly valid to a given discussion.

      In context, hate crimes legislation doesn't mean we're going to start punishing people before they ever commit a crime.

      To me, a hate crime is a thought crime because it depends on what the criminal was thinking at the time the crime was committed. It seems to me that if someone commits i.e. murder, we should try them for murder.

      I go back and forth in my head about this an awful lot. For starters, let's not argue about murder; murder typically has penalties so severe that a person who commits it will be either executed or never be let out of prison in most cases, at least in the US. There's not a lot worse you can make the punishment for murder even if we agreed it should be worse.

      So, let's use assault as an example. On the one hand, assault is assault, and the person committed assault. That would lead us to believe the punishment should be the same in either case.

      But on the other hand, prison is about more than just punishment -- it's also about rehabilitation, and protecting society. If somebody goes around beating black people for being black, I DO think society is in more danger from this person than if he goes around beating people who mouth off to him; at least the second guy was somewhat provoked. It's also likely simpler to get the second person to stop: he needs better ways of managing his anger, which we successfully treat every day. The racist may need much more intensive psychological help to stop, if he ever does. Somebody beating blacks (or gays or what have you) simply for being as they are has a pretty serious problem, in my mind.

      If nothing else, I think I would support hate crime legislation that allowed us to keep people in jail until we're confident they won't commit another hate crime. Ideally it means they leave prison no longer racist (homophobic, sexist) -- but if they just leave with officials convinced they're not going to fly off the handle for no reason at all while they're busy hating people, so be it. People shouldn't have to worry about being hurt or killed just because of who or what they are. Assault may be assault, but whatever we can do to curb that sort of feeling... we'll never stop it, isn't it worth trying?

      (All of this predicated, of course, on reasonable standards that prosecutors must meet--and I have no idea what those are--to prove that it actually WAS a hate crime instead of simply coincidence.)

    22. Re:Surprise surprise! by Bob9113 · · Score: 1

      I find your post to be patriotic, rational, and highly relevant to our current context. Thanks! :)

    23. Re:Surprise surprise! by ppanon · · Score: 1
      Two things about hate crimes:
      • They're harder to solve because they're relatively anonymous
      • Their motivation - hate - is more likely to lead to repeat offenses of life-endangering violence than poverty or crimes of passion.

      So somebody who kills or attacks somebody else because of the color of their skin or because they held hands with the "wrong" sex of person, for instance, is both harder to track down (because most violent crimes are either local or involve people with some type of pre-existing relationship) and likely to re-offend or encourage similar behaviour. So a number of people think that those qualities need the stronger deterrence of longer prison sentences than the equivalent crime without a "hate" motivation. Now normally conservatives are the ones clamoring for stronger deterrents against crime, but for some reason in this instance....

      --
      Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
    24. Re:Surprise surprise! by jonaskoelker · · Score: 2

      Who knows, another democratic term or two and the libertarian wing might actually start outperforming the authoritarian statist wing

      Which one is which? The humans and pigs all look the same.

      though probably only at the same time that the invisible hand brings me a pony

      I don't have one for sale; how about a pony brought by an invisible pink hoof?

    25. Re:Surprise surprise! by tnk1 · · Score: 4, Insightful

      You punish an action, not a thought. If we are in the practice of punishing thoughts, please let me know so I can move to a country that is a little bit more liberal about these things... like China.

      You're also more than implying that its not possible for other, non-protected groups, to be targeted based on their race or gender. Is it impossible to have a black man who will beat a white man because the white man is white? Is it impossible that some deranged homosexual exists who hates heterosexuals for simply being heterosexual? Do heterosexuals get protection because its possible that they can be singled out?

      You would argue that such people's motivation is hate, which would lead to more offenses in the future.

      Also, there is no reason why such a turnabout assault could not be anonymous. What if the white man walked into the projects? What if the heterosexual was in a gay-frequented area of town?

      Hate crimes legislation is the very antithesis of the idea of equality before the law that we play lipservice to. As long as such a thing exists or is seriously contemplated, we are enforcing legal discrimination and that is not acceptable.

      A beating is a beating. It's illegal already, and there are certainly remedies that exist already for frequent offenders. Why do we need anything else? It's not like blacks and gays are the only people who have ever been beaten for who they are.

    26. Re:Surprise surprise! by JohnnyBGod · · Score: 1

      So... to stop people being racist... you propose to put them in what probably is the most extremely racist environment available?

      Because there's plenty of hate to go around in prison.

    27. Re:Surprise surprise! by Kirth+Gersen · · Score: 0, Troll

      tixxit:

      First thing I learned in self-defense class in grade 7, never bring a weapon to a fight you don't want used against yourself.

      That would restrict my choice of weapons to a fleshlight.

    28. Re:Surprise surprise! by Red+Flayer · · Score: 1

      If we start looking at every politician based soley on his or her merits alone and ignore his or her political affiliation we would see the enormous "change of course" that we have been promised oh-so-many times and never actually seen.

      Sorry Charlie, even that won't help fix the problem. It doesn't matter how we evaluate candidates and politicians.

      What matters is how our electoral system is set up, the bylaws that encourage a two-party system, and the very real way that support for specific legislation is bought and sold by concessions and support of other legislation. Throwing in with one of two parties is the best way for any legislator to ensure they actually have input into the legislative process... and no amount of consideration at the ballot is going to change that.

      The only way to break out of this system is to rewrite our electoral procedures, and to rewrite our congressional procedures. Not gonna happen, since the people who could do so are the very people benefited by our current system.

      Furthermore, evaluating a candidate on the issues is fairly meaningless, since when push comes to shove they'll make sure to vote with the people that give them their power (and if you think their power comes from the voters, you're deluded). See Obama in re: warrantless wiretapping.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    29. Re:Surprise surprise! by billbaggins · · Score: 1, Offtopic

      Why is "hate crime" legislation a good thing again?

      If I beat you up and leave you for dead, that's one victim.

      If I beat you up and leave you for dead because I don't like your hair color, and it's known that I belong to a large group of similarly-minded people, then not only have I victimized you, but everyone who has your same hair color is now going to be looking over their shoulders, in fear that one of my compatriots is after them next.

      That's why "hate crimes" deserve special punishment - because they have the intent and effect of victimizing not just one or two or a few people, but a whole group. It's a whole new level of unacceptability.

      --
      "The best argument against democracy is a five minute chat with the average voter."
      --Winston Churchill
    30. Re:Surprise surprise! by Anonymous Coward · · Score: 0

      State of mind is always relevant. The degrees of culpable homicide make this apparent.

    31. Re:Surprise surprise! by Ded+Bob · · Score: 1

      Since the Republicans had a majority in the legislature and the Executive Branch for quite some time

      The Senate was split from 2000 to 2006?, and the House until 2006. The Democrats have controlled Congress for a little over two years.

      As far as I am concerned and until shown otherwise, I consider every last one of the Republicans to be incompetents or scumbags. I had hope that the Democrats would show some backbone and make some smart changes. I'm not so far all that impressed. But I still blame the Republicans for causing me to hate politics and politicians. Yeah.. that's why I'm anti-Republican.

      Then why are you not anti-Republicrat like the rest of us? :)

      Truly, party systems allow too much power to be controlled. Parties should be disallowed in my opinion.

    32. Re:Surprise surprise! by moeinvt · · Score: 1

      "If they want me to stop hating them perhaps they should stop fighting hate crimes legislation"

      Hate Crime =~ Thought Crime. It has never been applied universally, and has typically been used as an end-run around the double jeopardy clause to prosecute "thought criminals" who are otherwise innocent of any real crime. Cheers to anyone of any party that's against this Orwellian $#!t.

    33. Re:Surprise surprise! by moeinvt · · Score: 1

      " . . . everyone who has your same hair color is now going to be looking over their shoulders, in fear that one of my compatriots is after them next."

      Unless their hair color is blonde, in which case they're a "racist" for looking over their shoulder.

    34. Re:Surprise surprise! by moeinvt · · Score: 2, Informative

      "In context, hate crimes legislation doesn't mean we're going to start punishing people before they ever commit a crime."

      What about punishing people who were acquitted of their crime in a state court, and then get hauled into a Federal court because the alleged "victim" was a minority? It happened right near where I grew up. A group of Caucasian Americans got into a mini-brawl with a group of Hispanic Americans. I wasn't there, and don't know the details, but in the end, some of the guys went on trial for assault, but were acquitted by a jury of their peers. Then the Federales come along. The inter-racial aspect of the incident was good enough to get some of the White guys thrown in jail on "hate crime" charges, despite their acquittal on the earlier criminal charges.

      "Hate Crime" laws are just a step down the slope toward "Thought Crime" laws.

    35. Re:Surprise surprise! by lawpoop · · Score: 1

      Because a hate crime is not just a crime against the victim. It's intended to affect the class of poeple that the victim belongs to.
       
      When the Klan burns a cross on a black family's lawn, or a gang beats up an apparently gay man on the street, they are not just tyring to harm their victims. They are threatening and intimidating all black homeowners in that area, or gay people going about their daily lives.
       
      It's terrorism, plain and simple, against a class of people. The victim is just an example. That's why it's a different crime than plan or murder, or assault, or whatever.

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    36. Re:Surprise surprise! by Al+Dimond · · Score: 1

      Murder is already more than killing someone illegally. It requires premeditation, which has to do with what the accused was thinking. You even referred to motive. Motive is really only important in crimes like murder that require intent and premeditation. If the charge is more like manslaughter motive is not so important; it's just a matter of the fact of who killed whom.

      My previous paragraph is an oversimplification, is probably wrong in many places outside the US, and IANAL or anything... the point stands that the US legal system and most others do indeed distinguish between crimes on the basis of the mental state of the accused. You can come up with many reasons that it's right or wrong, but in the end it's a big part of our legal tradition, from homicide to copyright infringement to fouls in sports.

    37. Re:Surprise surprise! by Anonymous Coward · · Score: 0

      It seems to me that if someone commits i.e. murder, we should try them for murder. What they were thinking at the time may help the prosecution to establish motive, but the actual crime is having illegally killed another human being. Otherwise the next logical step is to punish people who have such thoughts whether or not they also committed any other crime.

      Ignoring the hate crime discussion here, but using your example of thoughts and murder, does this mean that you feel there should be no distinction between a murder that was premeditated or not?

    38. Re:Surprise surprise! by Improv · · Score: 1

      Perhaps I'll stop with my anti-Republicanism when they stop actively fighting my self interest.

      If they want me to stop hating them perhaps they should stop fighting hate crimes legislation and preventing me from having all of my rights.

      Meaning that your rights are better the somebody else's because you're in some "special" group. So if you get assaulted your assailant should be punished more than if you assault them. Yea, I get your issue with them, there.

      No, the rights are the same, but not all assaults are the same. There are social issues - assaults that are based on enduring hatred of some traditionally weaker parts of society deserve special attention. Intent of an attack is a big part of consideration in how justice systems work.

      I may have a right not to be robbed when walking down the street, but there is a world of difference between someone robbing me because they need food, because they want new shoes, and because they hate me because of my race/sexual orientation. There are different societal failures in each and different levels of danger to society as a whole, and these should be considered in how the crime is understood.

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
    39. Re:Surprise surprise! by Improv · · Score: 1

      Or alternatively, "only when people stop paying attention to other differences and focus on a single issue, agreeing with me significantly in my stance on it, can we make a lot of progress on that issue". I don't buy it, both because I believe I disagree with what your stance is given your wording, and because I think there are plenty of other issues you would marginalise here. Liberty is not the only value we should consider in our notion of the public good.

      For example, I believe in universal public health care, closing private religious schools and ending home schooling, reintroduction of civics into school curricula, public funding of our university system (and creating a cultural expectation of occasional continued light involvement of adults in that system), stressing public transit over car ownership, public financing of elections, high levels of government transparency, heavy investment in modernising our transport infrastructure, de-suburbanisation, etc.

      Do you think these things are un-american? Do you agree with any of them?

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
    40. Re:Surprise surprise! by Improv · · Score: 1

      I went into it a bit more with my comment above, but..

      Is an accident equivalent in moral weight to an intentional harmful act? Is "mens rea" a simple binary distinction?

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
  4. um, no. by Reality+Master+201 · · Score: 5, Informative

    According to Thomas it was introduced by a Democrat.

    But, sure, Republicans can sign on to bills that restore the rule of law to the USA, too.

  5. Wrongly discovered info? by icebike · · Score: 4, Insightful

    > On top of that, it would mandate the destruction of any wrongly obtained information discovered

    Why not toss out any court case based on such wrongly discovered info?
    Why not criminal prosecutions of those issuing the letters from which information was wrongly discovered?
    Why not remove the muzzeling of anyone issued such letters? After all if they were improperly issued letters in the first place any inducement to STFU about such a letter must also be wrong.

    --
    Sig Battery depleted. Reverting to safe mode.
    1. Re:Wrongly discovered info? by rts008 · · Score: 4, Informative

      Good questions...but, some of them could have been answered by RTFA.

      Why not remove the muzzeling of anyone issued such letters? After all if they were improperly issued letters in the first place any inducement to STFU about such a letter must also be wrong.

      FTFA:

      The National Security Letters Reform Act would do that, and a good deal more. While it would still permit high-ranking FBI officials to issue NSLs with temporary gag orders attached, the Bureau would have to petition a judge in order to extend that order beyond an initial 30 days. Instead of requiring NSL recipients to challenge such orders, showing there was "no reason" to think disclosure might harm public safety or the integrity of an investigation, the agency would have the burden of showing a court specific facts justifying each six-month extension of the gag.

      Not ideal, but moving in the right direction.

      Why not criminal prosecutions of those issuing the letters from which information was wrongly discovered?

      FTFA:

      The bill also establishes strict "minimization" requirements, mandating the destruction of any wrongly obtained information. While intelligence agencies often rely on "minimization" to protect the privacy of US persons, this often means only that innocent information will be retained without being indexed in a log or database for the relevant case. Anyone whose records are obtained via an NSL without adequate factual basis, or in violation of the statutory restrictions, is entitled to sue the person responsible for issuing the letter, to the tune of $50,000.

      Not as harsh as you suggest, but again, moving in the right direction.(ie:redress)

      Why not toss out any court case based on such wrongly discovered info?

      FTFA:

      Perhaps most significantly, however, the law would radically narrow the scope of National Security Letters, which can currently be used to obtain financial or telecommunications transaction records that an FBI agent asserts are "relevant" to an ongoing investigation. Under the Nadler-Flake bill, NSLs would have to certify that the target to whom the information sought pertained was believed, on the basis of "specific and articulable facts," to be a "foreign power or agent of a foreign power."

      Not an 'Epic Fail', but far from ideal...again, it's moving in the right direction.

      Have some patience, it took us a while to get here, so it will take us a while to climb back out.(now we are in a hole, here's to hoping we have stopped digging finally)

      Be observant, be vigilant, be aware, and be active...if you really care.

      BTW, I do agree with your ideas.

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
  6. oh the similarities by v1 · · Score: 4, Insightful

    Looking back at the pre-american-revolution era, it's incredible the similarities the to-be-americans faced with what we are going through now.

    Things like the Writ of Assistance etc. Basically "we're going to ignore any laws or rights you thought you had for a little while here, please step aside." These NSLs are basically doing that sort of thing.

    --
    I work for the Department of Redundancy Department.
  7. About time by HangingChad · · Score: 4, Insightful

    Hard to believe something like this was ever introduced in this county. And supported by...a lot of you. At least many of you voted and stuck up for the dirt bags who proposed it.

    Obama bailing out the auto industry and trying to fix health care is the path to socialism, but spying on Americans without due process and then trying to forbid them from talking to an attorney, you're okay with that.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
    1. Re:About time by WindBourne · · Score: 3, Interesting

      First, NSLs have been around since at least IKE, and I think even before that. The difference is that all prior admins showed restraint and only used them MOSTLY for real issues (a few, were known to be total BS).

      As to those that supported the GD neo-cons and this behavior, I say let them swing along side of the top neo-cons. Every last one of these kind of ppls should be swinging for the traitors to the Constitution that they are.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    2. Re:About time by Shakrai · · Score: 1

      Every last one of these kind of ppls should be swinging for the traitors to the Constitution that they are.

      If you want to hang everybody who is a traitor to the Constitution then I hope you have lots of rope -- you'll be hanging most of Congress. You'll also need a plan to get past the Secret Service if you plan on holding Obama accountable for his failures to uphold his oaths.....

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    3. Re:About time by Shakrai · · Score: 5, Insightful

      Obama bailing out the auto industry and trying to fix health care is the path to socialism, but spying on Americans without due process and then trying to forbid them from talking to an attorney, you're okay with that.

      Why do you assume that someone who is opposed to the former must be in favor of the latter?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    4. Re:About time by shutdown+-p+now · · Score: 1

      It's obviously not necessary, but we've seen way too many Americans who fit that stereotype on the internets.

    5. Re:About time by Anonymous Coward · · Score: 0

      Every last one of these kind of ppls should be swinging for the traitors to the Constitution that they are.

      If you want to hang everybody who is a traitor to the Constitution then I hope you have lots of rope -- you'll be hanging most of Congress

      You say that like its a BAD idea.

      Maybe if those slack wits in DC had some accountability combined with a few abject lessons the system wouldn't be quite so fucked up.

    6. Re:About time by Anonymous Coward · · Score: 0

      > Why do you assume that someone who is opposed to the former must be in favor of the latter?

      Because a lot of Republicans claimed both of those things as their beliefs.

      Questioning the wisdom of the war got you branded a traitor and everything Obama has ever done has been branded as "Socialism." Granted, a few cases really might be more or less Socialist. I don't have a problem with the US turning Socialist, frankly, so long as it remains a democracy; my beef is with fascism. That said, I always wondered why GWB nationalizing banks was never called out by the same people as "Socialism" given that it's pretty explicitly a part of it.

  8. Good start, BUT by Anonymous Coward · · Score: 0, Informative

    go after the F'ing neo-cons that PUSHED THIS CRAP. More importantly, time to ungag ppl like Sibel Edmunds. Let her talk. There are also several NSA guys with gag orders, who would LOVE to testify to the dems. Ungag them and pursue charges against those behind all this.

  9. Oaths are violated by NSLs by ITEric · · Score: 4, Insightful

    All of our government officials are sworn to support and defend the Constitution of the United States. "Exceptions" to the bill of rights such as NSLs, particularly when they are abused, weaken the Constitution as a whole, and officials responsible should be held responsible, preferably with criminal charges of their own.

    Without enforcing the protections provided by the bill of rights, those principles become mere historical curiosities as the "antiquated" ideals of the founding fathers.

    --
    The most exciting phrase to hear in science, the one that heralds new discoveries, is not 'Eureka!' but 'That's funny...
    1. Re:Oaths are violated by NSLs by wstrucke · · Score: 4, Interesting

      it has got to be pretty clear by now that no one in Washington has the balls to even utter the word "treason" -- which is effectively what the blatant ignorance of the Supreme Law of the Land amounts to

    2. Re:Oaths are violated by NSLs by causality · · Score: 4, Insightful

      it has got to be pretty clear by now that no one in Washington has the balls to even utter the word "treason" -- which is effectively what the blatant ignorance of the Supreme Law of the Land amounts to

      I have always felt, and have said repeatedly on this Web site, that anyone who wants political power needs to be held to a stricter standard than the average citizen. That's especially true when you consider that nearly all politicians are also lawyers, so it's not like they are unclear on the meaning of "shall not be infringed." I do indeed consider it treason when a politician knowingly creates or votes for a law that is in any way unconstitional. Just as the Constitution demands, I would like to see vigorous enforcement of the death penalty (legally and with due process, of course) attached to anyone who holds public office and takes any action, knowingly or otherwise, that contradicts the Constitution. Let us decide that one can live a long and happy life without ever having political power; that if someone wants political power anyway, let them accept a very high standard of personal accountability to go with it.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    3. Re:Oaths are violated by NSLs by Shakrai · · Score: 3, Insightful

      it has got to be pretty clear by now that no one in Washington has the balls to even utter the word "treason" -- which is effectively what the blatant ignorance of the Supreme Law of the Land amounts to [truthout.org]

      *sigh*, is it just me or do people throw around the 'T' word way too easily around here? Perhaps the Founding Fathers were right to define it in the Constitution so it wouldn't be abused.....

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

      ...anyone who wants political power needs to be held to a stricter standard than the average citizen.

      You're thinking of this. Heh, At least I am... A bit more literally every day.

      --
      What?
    5. Re:Oaths are violated by NSLs by Amazing+Quantum+Man · · Score: 3, Insightful

      Mainly because treason is specifically defined in the Constitution.

      And these abuses, while the may be (IMO) "High Crimes and Misdemeanors", do not fit the definition of Treason.

      Don't like that? Then amend the Constitution to define Treason the way you want it.

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
    6. Re:Oaths are violated by NSLs by Anonymous Coward · · Score: 0

      *sigh*, is it just me or do people throw around the 'T' word way too easily around here? Perhaps the Founding Fathers were right to define it in the Constitution so it wouldn't be abused.....

      Why is it that this is constantly brought up on /., when treason is mentioned, when it's quite simply wrong?

      Treason is defined in a dictionary. Look it up. Treason is also defined in the Constitution so that it cannot be abused by the government. The people are free to use definitions such as the one given here.

    7. Re:Oaths are violated by NSLs by Anonymous Coward · · Score: 0

      Engineers have a hard time with this, but we don't live in a world of 1's and 0's, black and white.

      Ex: Supreme Court said that the line-item veto passed during the Clinton administration was unconstitutional and struck it down.

      You would call that treason and impose the death penalty for passing that?

      The Congress doesn't decide what is constitutional and what isn't. The Supreme Court does, and even to real lawyers it's not always obvious what is and isn't "constitutional."

      Under such terms, I doubt ANYONE would want to hold political office, or you would get only people so timid that they would never act.

      Or perhaps you're one of these no-government-is-good-goverment freaks. Move to your paradise in Somalia, please.

    8. Re:Oaths are violated by NSLs by Anonymous Coward · · Score: 0

      As has been said repeatedly when someone has brought this up, treason is defined in the Constitution to defend against abuse of it by the government. Like the rest of the Constitution, it's a document basically defining what powers the government can and cannot hold. A simple dictionary definition is enough for the people, and it fits perfectly. They have betrayed their country's sovereign, it's people, it's legacy it's been built upon.
      That is treason.

      You know it's defined in the Constitution yet you go on to make an inherently wrong statement regarding it's use by the public. By now these statements are just trolling.

    9. Re:Oaths are violated by NSLs by Amazing+Quantum+Man · · Score: 1

      All I'm saying is that you can call it treason, but if they were charged with treason, any judge would throw it out immediately, on Constitutional grounds.

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
  10. A drop of good in a torrent of bad. by tjstork · · Score: 2, Insightful

    At the same time the NSL's are being curtailed, the current administration is seeking expanded powers for the IRS to go after imagined "tax cheats". The IRS will have broader and sweeping powers to go after people who are guilty of not paying their taxes until they prove themselves innocent.

    http://online.wsj.com/article/SB123802635823642761.html

    Some things on tap: requiring small businesses to use bank accounts for all transactions, implying that the IRS can scan your bank. Having the government track all your transactions - even internationally.

    This administration doesn't see any attack on personal freedom when the IRS rifles through your bank accounts or papers. Nor does it see any attack on personal freedom when guns are regulated and fire is essentially taxed until banned and all of our interactions with the environment are monitored.

    But... if you call someone overseas in Iran, and the government listens in, now THAT's when the government crosses the line. What a token joke! Civil rights in the Obama administration is like having a choice of a dildo to get ass raped with.

    --
    This is my sig.
    1. Re:A drop of good in a torrent of bad. by Anonymous Coward · · Score: 0

      While I concur on most your points, the one complaint about businesses isn't.

      Businesses should NOT be seen as a person, and hence have no RIGHTS to privacy in the same way as a person does.

    2. Re:A drop of good in a torrent of bad. by QuantumG · · Score: 1

      This is why the idea of income tax was considered abhorrent by the founding fathers. Unfortunately they never codified it.

      --
      How we know is more important than what we know.
    3. Re:A drop of good in a torrent of bad. by Anonymous Coward · · Score: 0

      The IRS will have broader and sweeping powers to go after people who are guilty of not paying their taxes until they prove themselves innocent.

      Ah, dude, chill. That's just how he's going to clean out the Cabinet without any awkward "please resign quietly so I can choose who to re-nominate for my second term" thing. I think it was a West Wing episode :)

    4. Re:A drop of good in a torrent of bad. by russotto · · Score: 1

      This is why the idea of income tax was considered abhorrent by the founding fathers. Unfortunately they never codified it.

      Actually, they did. That's why the Sixteenth Amendment was needed to really let the fun start.

    5. Re:A drop of good in a torrent of bad. by Doc+Daneeka · · Score: 2, Informative
      Did you link the right article for your assertions? I didn't see anything of what you claim in that article. Summary provided by the first paragraph of your link:

      President Barack Obama's initiative to raise new tax revenue to pay for major policy changes likely will focus in the short run on tightening enforcement against businesses and wealthy individuals. In the long run, some experts believe it could lead to sweeping changes in the tax code itself.

      If what you claim is true, it would be huge. So, I searched for more links to provide support or refute your claims.
      http://money.cnn.com/2009/03/26/news/economy/obama_tax_reform_taskforce/index.htm
      Money.Cnn's article says more or less the same thing as WSJ.

      http://www.bloomberg.com/apps/news?pid=20601087&sid=a_FIYIBVE5to&refer=home
      So does Bloomberg. From Bloomberg: the recommendations from the tax reform task force are "to be submitted to Congress in February 2010".

      Why all the outrage? We have 10 months to discuss the ramifications of any hypothetical proposed changes. In other news, the IRS has given me the task to inform you that you've exceeded your yearly allotment of hyperbole. You've been warned, comrade.

    6. Re:A drop of good in a torrent of bad. by iminplaya · · Score: 1

      But in that article is a ray of sunshine where it really counts:

      As a step toward simplification, Mr. Obama during the campaign proposed relieving millions of workers of the burden of filing income-tax returns, an idea that seems likely to resurface.

      That's change I can hope for. We shouldn't be doing their paperwork.

      --
      What?
    7. Re:A drop of good in a torrent of bad. by tjstork · · Score: 1

      As a step toward simplification, Mr. Obama during the campaign proposed relieving millions of workers of the burden of filing income-tax returns, an idea that seems likely to resurface....

      That's change I can hope for. We shouldn't be doing their paperwork.

      Ah, but the question is, exactly how is the IRS going to find out how much in taxes you owe? IT's actually kinda creepy, when you think about it.

      --
      This is my sig.
    8. Re:A drop of good in a torrent of bad. by iminplaya · · Score: 1

      They have the W-2s from your employer, banks, etc. Let 'em live with that. If they're withholding the money for the tax, then there's no reason for me to declare anything. If I have to do that, I want to see the money first.

      --
      What?
  11. What's that I smell? by Anonymous Coward · · Score: 0

    Do I smell ponies?

  12. Re:Hackers. by iminplaya · · Score: 1

    Never saw it.

    --
    What?
  13. What it needs is by MikeRT · · Score: 3, Interesting

    A provision that amounts to "if you abuse the statute, stop, don't pass go, report directly to the US Attorney for your district and make plans for spending at least a year in federal prison with 'cop' written with a sharpie on your forehead every morning." Based on the way the IG has found that the FBI routinely violates it, and there is so little accountability, the law needs to allow the IG to go damn near Napoleonic (law) on the FBI agents involved.

  14. sounds great by Reality+Master+201 · · Score: 5, Insightful

    As you may or may not recall, during the Bush administration the Justice Department had this problem where some political appointees decided that they'd hire and fire people at Justice based on political affiliation (and possibly sexual orientation, in at least one case). Then the matter was investigated, by Congress, who couldn't get some individuals to show up to testify, which is contempt of Congress. When referrals for these contempt charges were passed to the Justice Department, they were promptly ignored, on the orders of - surprise - a political appointee of the President whose administration was being investigated in the first place.

    Which is all to say, investigative powers are great, so long as the ability to compel testimony and subpoena (and obtain) documents is unimpeded, and that the investigative process is unimpeded and apolitical. What we saw over the last 8 years was the willing complicity of the legislative branch (till 2006, after which we saw some true cravenness), coupled with an executive that felt it was above the law. No simple IG provisions were going to fix that.

  15. Re:Fuck you, nigger. by Reality+Master+201 · · Score: 1

    Obama.

    Now, in turn, remind me which President it was that asked the CEO of AIG, Fannie Mae, and Freddie Mac to step down?

    What's that? Did you happen to squeak out George W. Bush?

    Stop apologizing for the atrocity against our country that was his presidency.

  16. Trustworthy Fine Articles?!?!? by rts008 · · Score: 4, Informative

    Apparently, you are right, but in the parent's defense:

    Now, with a new administration and a sturdier Democratic majority in place, Rep. Jerrold Nadler (D-NY) and Rep. Jeff Flake (R-AZ) on Monday reintroduced the National Security Letters Reform Act.

    First sentence of the second paragraph.
    Without further clarification being given in the entire Fine Article, it is easy to see where his comment(while biased) was not entirely wacked out.

    I would put more faith in the site you linked to compared to TFA linked in the summary.

    Two Thumbs Up(tm), and a standing ovation from me for:
    1. The link with the info
    2.* The motivation to double-check the source. That is too rare these days.

    Well done!

    Having said that, while information and documentation should be accurate, this is a small blip on the RADAR* overall.
    Wat's important here for the current discussion is the possibility of increased openness and manner of redress in regards to National Security Letters, and due process.

    I'm not trying to demean you or the above applause I gave, just adding some perspective overall. You do point out by example how discussion of a topic can break down into useless partisan flamewars though.

    But, sure, Republicans can sign on to bills that restore the rule of law to the USA, too.

    This is apparently what happened.

    In my mind, who introduces a bill carries slightly more weight in my mind than the co-sponsors.(although the more the merrier in regards to co-sponsors for a 'wanted' bill-YMMV!)

    Again, well done! You have shown admirable restraint with your reply.

    *I'm not shouting, it's an acronym.

    --
    Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
  17. Actually good news. by Anachragnome · · Score: 1

    I'll go out on a limb here, and assume that the folks that are doing the investigating here are probably aware of, maybe, 10% of the actual information gleaned by the use of NSLs. Most of it has probably been squirreled away for later use.

    But, the requirement that all information be destroyed doesn't look as "after-the-fact-useless" as it may seem at first glance. Even if the information is not destroyed, it can no longer be USED in any real sense, at least in a courtroom. Although, I can imagine a few lawyers out there would beg to differ.

    Essentially, once deemed "fit for destruction", it is as useless as if it HAD been destroyed. Any information that isn't has probably already served its purpose, or has been "used".

  18. Re:Obama Policies Will Bankrupt USA Tsarkon Report by Anonymous Coward · · Score: 0, Troll

    I would be paranoid too, if everyone was plotting against me.

    Now go take some anti psychotics and have a nice lie down.

    These posts are modded down because they repeatedly spam discussions with long winded boring irrelevant paranoia.

  19. Just more of the same by Anonymous Coward · · Score: 0

    Suckers. I bet you thought Obama would bring real change. Well this "National Security Letters Reform Act Reintroduced" sure proves you wrong. All Democrats and Republicans are identical tools of corporate executives.

    RON PAUL 2012!!

  20. Re:Obama Policies Will Bankrupt USA Tsarkon Report by Anonymous Coward · · Score: 3, Funny

    Yes! I prefer my paranoia relevant, concise, and exciting.

  21. so where are the Republicans on this? by Trepidity · · Score: 3, Informative

    This bill has 17 cosponsors: 15 Democrats and 2 Republicans. I will admit that, on the issue of National Security Letter reform, there are two Republicans so far who have shown an interest: Ron Paul and Jeff Flake. And Ron Paul is well known for his frequent divergence from the party's positions. What about everyone else? Of course, they can still vote for this when it hopefully comes up; Representatives need not consponsor everything. But there seems to be a decidedly lopsided enthusiasm in the 15 vs. 2 cosponsors there.

  22. minor quibble by Trepidity · · Score: 4, Informative

    That was actually the previous introduction, in 2007, which died at the end of the last Congressional session. This reintroduced one is here. It was introduced by the same person, though, so no substantive disagreement with your post.

    The 2007 version had 30 cosponsors, who were 27 Democrats and 3 Republicans. The 2009 version has 17 consponsors so far, who are 15 Democrats and 2 Republicans. So I wouldn't say it's hugely bipartisan, especially since one of the few Republicans in both cases was Republican-with-an-asterisk Ron Paul (Jeff Flake is the other).

    The Thomas link you give shows that the 2007 version was passed out of subcommittee in 2008 by a 7-3 vote. I'd be curious who the votes on each side were. By which I mean, of course, I want the names of those 3 fellows.

  23. that seems like a bit of a non sequitur by Trepidity · · Score: 1

    I agree with most of your post except the apparently unrelated bit about hate-crimes legislation. How does that help you to have all of your rights? It establishes more severe penalties for identical crimes if there's a finding that they were influenced by a specific category of hatred. By implication, there are lower penalties if you are a victim of the same crime but it wasn't because of one of those categories of hatred. That somehow doesn't seem like much comfort to me if I'm "only" assaulted because someone wanted my wallet, not because they hated me; or if I'm assaulted because someone hated me for a non-enumerated reason, like my political viewpoints.

    1. Re:that seems like a bit of a non sequitur by Trepidity · · Score: 1

      I should add though, that your post did an oddly good job of illustrating the point of the one to which you replied to. I haven't considered voting for Republicans on civil-liberties grounds in quite some time, because the Democrats have generally been better on everything that's come up (habeas corpus, torture, wiretapping, etc.). I'd almost forgotten if there were any civil-liberties issues that I care about on which Republicans were better (I don't greatly care about guns), but you came along and provided an example. ;-)

    2. Re:that seems like a bit of a non sequitur by Ded+Bob · · Score: 1

      Democrats have generally been better on everything that's come up (habeas corpus, torture, wiretapping, etc.).

      Although I was rather hoping that Obama would not win--I consider McCain less Republican than Obama being less Democrat, I thought Obama was going to overturn the warrant-less wiretap executive order. In that regard, I sadly do not see the majority of Democrats being any different than the majority of Republicans.

  24. Re:Obama Policies Will Bankrupt USA Tsarkon Report by saiha · · Score: 1

    I love browsing at -1

  25. RTF Amendment by jcr · · Score: 3, Insightful

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    That's not Greek or Chinese. The government has a bad habit of ignoring the constitution, but it is nevertheless the entire legal basis for their power. If they don't want to follow the constitution, then they have no claim to legitimacy.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
    1. Re:RTF Amendment by Red+Flayer · · Score: 1

      If they don't want to follow the constitution, then they have no claim to legitimacy.

      No strictly legitimate claim to legitimacy.

      However, they have lots of other claims to legitimacy, the most important of which is:

      The consent of the people (evidenced by the lack of support for their overthrow).

      The consent of the people trumps the Constitution in practice as well as in principle; though the failure of the people to force government to adhere to the Constitution tells me that the Constitution is a dead document. I suggest putting your faith in that document is misguided at best, since it obviously is worth very little.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    2. Re:RTF Amendment by jcr · · Score: 1

      However, they have lots of other claims to legitimacy, the most important of which is:

      The consent of the people (evidenced by the lack of support for their overthrow).

      Sorry, that's nonsense. It does not follow that if the people fail to overthrow a tyrant, that the power of the tyrant is legitimate.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
  26. What it REALLY needs is... by jcr · · Score: 1

    Sorry, but fiddling with the wording of an unconstitutional statute is pointless. What we really need to do is refuse to comply, go to court, and fight it.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  27. you get that from judge napolitano? by Anonymous Coward · · Score: 0

    :)

  28. The action is "beating up blacks" by Anonymous Coward · · Score: 0

    Which is worse than "beating up someone who was mouthy to me" because some people can't stop being black.

    Why do you think there is murder, second degree murder and so on down to death by misadventure when the actions were:

    someone died and someone else's actions caused it

    ?

    Because of the reason for the action.

    Reason == thought

    So should negligent death of a worker be treated like first degree murder because you won't accept "thought crime"??

  29. Socialism is AWESOME!!! by Anonymous Coward · · Score: 0

    Until one of two things happens:

    1) A non-honest, non-benevolent leader rises to power (hey, how often does that happen, right?)

    2) The upper class gets tired of paying the freight for all you slothful, entitled losers.

    Other than that, I love socialism! Now who wants some?

    1. Re:Socialism is AWESOME!!! by Anonymous Coward · · Score: 0

      1). You mean like the last leader?

      2). The upper class has to just damn well learn to live with the costs of the society that was kind enough to make them the upper class in first place or give the damn money back and find another society.

      And by the way socialism != social programs.

    2. Re:Socialism is AWESOME!!! by Anonymous Coward · · Score: 0

      1) Yes, as well as the current Chicago thug who somehow rode his teleprompter, the media, liberal white guilt, and union boss thugs to victory.

      2) So in your world view, the blessings of liberty go hand-in-hand with financial servitude. I'm curious how you made the tremendous intellectual leap that those who are successful in this life somehow owe 55% of their income (see NY's new budget and taxes) to those who had absolutely no hand in their success. Your beliefs run completely contrary to the values upon which this country was founded. Get out, and go fuck yourself while you're at it. The last thing this country needs is another whiny liberal bum standing around waiting for manna to fall from Obamajesus' table.

  30. Great idea, but the bill still sucks by MobyDisk · · Score: 1

    While it would still permit high-ranking FBI officials to issue NSLs with temporary gag orders attached,

    I think you lost me right there. The government can still issue blanket gag orders and demands for information without a judge. Oops.

    the Bureau would have to petition a judge in order to extend that order beyond an initial 30 days.

    Wow, that's some pretty weak oversight. My guess is that they will just issue a new security letter instead of extending the old one.

    the agency would have the burden of showing a court specific facts justifying each six-month extension of the gag.

    A 6 month extension is pretty long IMHO. The judge should set the duration, not the NSL.

    the law would radically narrow the scope of National Security Letters, which can currently be used to obtain financial or telecommunications transaction records

    I don't want a list of what things they can and can't get. They should be able to get nothing at all, without a court order. Anything else violates the 4th amendment.

    NSLs would have to certify that the target to whom the information sought pertained was believed, on the basis of "specific and articulable facts," to be a "foreign power or agent of a foreign power."

    That does nothing.

  31. Reforming them? How about get rid of them? by Anonymous Coward · · Score: 0

    They should be abolished, not reformed.

  32. I have not yet received any national security let- by davidsyes · · Score: 1

    ters, and periodically i update that fact.

    (for those too lazy or with not enough time to read ALL of this, just skip to the last para)

    If am EVER asked whether or not i have received one, I WILL tell the truth. If the person asking queries as to whether s/he or any s/he was the subject, i WILL tell the truth. I might not go so far as to divulge the exact questions, but i'll be damned if cloak-and-daggger will go in in MY face. Besides, way too many technical means and illegal sneak-and-peak ops occur for most of us to be traditionally interrogated unless, unless the act of questioning is to cause someone who is lying to actually try to contact the subject. Even still, it could end up being a dead-end query.

    I once was questioned by the FBI in mid 03 about a "the plane", which was actually a smashed-up RC craft. They might have been interested in the F-16, which never had an engine installed in the some-8 years of it's having been built. It was owned by a relative who didn't retrieve it before i moved to Portland, OR. I believe the spooked-ass rat was the apartment complex (Trammel Crow(e)) manager who it seems ran inspections every 3 months, looking for whatever was forbidden, since Oregon housing/public law permits such quasi-zone-inspections, in the name of combating illegal drugs and non-lease occupants violations. She had me remove EVERY SINGLE BOX from the closet, as if looking for trap doors or pipes or tunnels or whatever. She saw the RC F-16 and made a note, and IIRC, her face seemed concerned. (Note: I'm black (born on the Presidio, Leterman General Hospital, when my father was in the USMC), but don't always look it, and she was white, and this was, to remind readers, Q1 of 2002. They let me move in based on cash in my bank account (money from selling my home in California, but of that $30,000, only $10,000 was mine, since $20K was really loans keeping me from going into foreclosure during my attempt to sell it on the market), and specifically said it was OK to count it as income. Of course, when i burned thru that cash, i got eviction notices.

    Anyway, about 1 month later, the FBI knocked on my door, fucking hailed hailed my name and said, "We're from the FBI. We've been trying to reach you for WEEKS!".

    My first thought was BULLSHIT! I had had my cell phone ON for the entire time I was in Oregon. I had no home phone, and by that time i had sold my car for rent money. I was even going onto California unemployment because i didn't manage to find a job. I was trying to start a business, and even before that had registered with the Department of Revenue in Salem, and file articles of incorporation, and then filed those in Washington county. I had made cash, debit and money order transactions for books purchases and rent/other payments. I rode public transit. So, i call bullshit. They could NOT have failed to find me since i was in the mode of evading tails.

    What shocked them was when i said, "Ah, so you're here after that little one-man plane buzzed the complex at less than 300 feet, circled a few times. Yeh, i saw his face. He was caucasian, had greenish earphones one, and looked to be about 180 lbs, maybe 50-ish years old. Yeh, i figured he was doing radiological checks. But, you know it's clean here."

    The older of the two agents produce a fucking BEAUTIFUL pic of me, which they obtained from OR DMV. I was stunned at the crisp, clear colors. I don't know if i got a boner looking at myself, or if i was impressed that Oregon is much more efficient than California in DMV matters. I wanted to ask them for a copy but deferred. They said, "We're here for "the plane"....". I took them down to the garage (oh, they were nice, tho, having removed their shoes since i told them i don't wear shoes in my home (i picked that up from living with Vietnamese friends, and ever since left street shoes at the threshold, ESPECIALLY in San Fransideshow with the shit-infested streets...)...), and when they saw the smashed-up Snoop-The-Red Baron plane, they wee quite annoyed. The older one gro

    --
    Previously: "Linux... Toward the Sunrise..." Now: "Linux... Toward the-- No, now, part of Every Sunrise"
  33. that's not how they're usually defined, though by Trepidity · · Score: 1

    That would be the case for a general definition of hate crimes as something that's intended to intimidate a group of similarly-minded people. But hate crime statutes generally only protect specific, enumerated groups of similarly-minded people. So, for example, the federal Hate Crime Sentencing Enhancement Act provides for enhanced penalties if the victim was selected due to "actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation".

    Note that your example, violence based on hair color, is not covered; similar lists, differing usually in one or two of the enumerated categories, are part of most state hate-crime legislation. They exclude a number of things that conceptually fit your definition that actually happen; for example, no statute of which I'm aware provides for considering assaults motivated by political beliefs to be a hate crime, despite the fact that e.g. assaulting Communists for their political beliefs intimidates a class of people. But assaulting Communists for their atheism might be covered in states that enumerate religious belief. Do these kinds of special categories for protection actually make sense?

  34. Re:Fuck you, nigger. by fm6 · · Score: 0, Offtopic

    Dude, if there's anything less productive than arguing with an AC, it's arguing with an AC that mouthing racist right-wing crap that somebody has already modded down.

  35. Re:Fuck you, nigger. by Reality+Master+201 · · Score: 0, Offtopic

    And yet I still have far more relevance than you, someone who chimes in well after the fact to futilely point out the unimportance of things that don't matter.

    When you die, not a single soul will mourn you, as is proper and right.

  36. Re:Fuck you, nigger. by fm6 · · Score: 0, Offtopic

    You spend half your waking life writing post after post on a web site you claim to despise, and you say I'm irrelevant?

    Look at my posting history. I actually convince people of stuff. When was the last time you convinced anybody of anything, except, "This guy is so full of himself"?

  37. Re:Fuck you, nigger. by Reality+Master+201 · · Score: 1

    Look at my posting history. I actually convince people of stuff.

    No offense (seriously), but if you think you actually convince people of anything they're not already convinced of, you're a pretty naive person. I won't even bother calling out the silliness of you calling me full of myself - you're just not sufficiently grown up to know what you're talking about.

  38. Re:Fuck you, nigger. by fm6 · · Score: 1

    Bored now.