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EFF Says Obama Warrantless Wiretap Defense Is Worse than Bush

SonicSpike writes "The Electronic Frontier Foundation has just said that 'In the warrantless wiretapping case, Obama DOJ's new arguments are worse than Bush's.'"

36 of 904 comments (clear)

  1. RTFS?? by FredFredrickson · · Score: 5, Funny

    Without much more than a speculative sentence in the summary, what is slashdot going to talk about? We're not going to RTFA no matter how hard you try!!

    *WE SHALL WE SHALL NOT BE MOVED!!*

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    Belief? Hope? Preference?The Existential Vortex
    1. Re:RTFS?? by anagama · · Score: 5, Informative

      The Obama administration is arguing that the Feds have sovereign immunity from any Federal Laws -- in other words, the Federal Government is not required to follow statutes or the constitution. We are apparently continuing fast down the Bush road to a completely independent, unaccountable, all-powerful presidency.

      --
      What changed under Obama? Nothing Good
    2. Re:RTFS?? by TheLinuxSRC · · Score: 5, Insightful

      Best said by The Who; "Meet the new boss, same as the old boss"

    3. Re:RTFS?? by cayenne8 · · Score: 5, Insightful
      LOL...I posted the same thing yesterday.

      Hmm....I fear now for the EFF.

      It seems that these days, if you speak ill against Obama (the chosen one), you will be smitten down and piled up upon by anyone that was a fervent disciple during the election or of a democratic leaning.

      It is weird, but, while Bush was in office, people criticized him on a constant basis (IMHO, much of it deserved in the last years), but, you didn't risk the vitriol, public shunning and public crucifixion that you seem to get if you speak ill of the Obama administration today.

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      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    4. Re:RTFS?? by anagama · · Score: 5, Insightful

      It is my position that Bush was a horrible president because he weakened our constitution, was an ugly warmonger, and spent money like it was water.

      It is my position that Obama is about the same with the only difference being who gets some of the wastefully spent money.

      Both "sides" treat the populace like we're their own public goatse waiting patiently to get stretched just a bit wider by some Republican prick or a Democratic cock.

      --
      What changed under Obama? Nothing Good
    5. Re:RTFS?? by Xonstantine · · Score: 5, Insightful

      Yeah, and it's working out so well for the folks that thought we'd have a return to civil liberties, a responsible budget, and an end to the Iraq war.

    6. Re:RTFS?? by flitty · · Score: 5, Insightful
      Please put your strawmen away before they get burned. The only side that seems to call obama the "chosen one" are republicans. *MOST* Democrats have no illusions that Obama's Wiretapping votes and stance on Afghanistan have been the weak points. It was a hell of a lot better than Stay the Course McCain. So please, worship the guy all you want, but the rest of us will be realistic about what a politician is.

      while Bush was in office, people criticized him on a constant basis ... you didn't risk the vitriol, public shunning and public crucifixion

      That's the funniest part of your post. I believe Phil Donahue lost his job on TV because he wasn't pro-bush/war enough. There were reports of people with Anti-Bush shirts and bumper stickers being pulled over by police. Over the past few weeks, Obama's been called everything from the anti-christ to a fascist, and that's just on Fox news. They seem to be doing just fine.

      Go watch Jon Stewarts shown on Tuesday night (apr 7) the middle section, it's a little history lesson for you.

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      Whether or not there is some sort of god, I'm not supposed to say/god is a word and the argument ends there-Smog
    7. Re:RTFS?? by Niris · · Score: 5, Interesting

      I love how comedy news shows are becoming a more reliable source for news than the traditional. Then again, hasn't "news" always been sort of a joke in this country?

    8. Re:RTFS?? by Anonymous Coward · · Score: 5, Insightful

      What the Dixie Chicks experienced came from private citizens, not the Bush administration. Big difference.

    9. Re:RTFS?? by Mister+Whirly · · Score: 5, Funny

      They are forming several committees right now to end the bureaucracy. But, you know, it may take some time. These things don't happen overnight.

      --
      "But this one goes to 11!"
    10. Re:RTFS?? by Poppa · · Score: 5, Interesting

      Bullshit. The Dixie Chicks have their views and we have ours. BTW, Pelosi says it is un-American to enforce our immigration laws. How does that grab you?

      The Dixie Chicks have every right to speak their mind. I have every right to disagree with them and not give them any more money.

      I do take offense when Americans go off to France, for example, and criticize our President or our country. All they are doing is selfishly making themselves more important at the expense of the rest of us. Its a kick in the teeth to the brave soldiers risking their lives for our safety.

    11. Re:RTFS?? by rpillala · · Score: 5, Informative

      Here are some examples to support your point.

      Here is Kevin Bankston, EFF on Olbermann last night. MSNBC is not the mouthpiece of the right wing. Olbermann was about as enthusiastic for Obama as anyone I saw during the campaign.

      Here and here are some current left wing blogs being very critical of this policy stand as they were when it was Bush's stand. Meanwhile the right wing media like Fox are spreading FUD and holding up Michelle Bachmann as an exemplar. I do understand that Fox has no credibility criticizing this since they were so nakedly in favor of Bush.

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      When the axe came to the forest, the trees said, "Look out - the handle was once one of us."
    12. Re:RTFS?? by lgw · · Score: 5, Interesting

      You think Bush gave a shit about sensitivity to the families of dead soldiers?

      Yes. It's clear that he did. He personally wrote a letter to the family of *every* dead soldier, and never talked about that to the press, or used it politically. No president has even been so personally involved with each death. He might not have been in the black sedan with the two soldiers who knocked on the door at each family's house (worst job in the army), but it's clear he counted the cost.

      Your zealotry makes you look like a real ass in the face of the facts.

      --
      Socialism: a lie told by totalitarians and believed by fools.
  2. Change We Can Listen in On! by TibbonZero · · Score: 5, Funny

    If they don't tap the phones, how will they know that we're getting the "Change we can believe in"?

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    Tibbon
    tibbon.com
  3. Careful what you ask for... by Tackhead · · Score: 5, Funny

    Hey, you asked for a government that would listen to the people...

    Now that you've got one, you're all mad and stuff. Man, this democracy stuff is weird. There's just no pleasing you people!

  4. What secrets could these possibly be? by imgod2u · · Score: 5, Insightful

    This is kind of disturbing. I know politicians turn 180 at the drop of a hat but Obama's entire popularity -- and the benefits that come from it -- relies on being anti-Bush. This is a very hot issue. One of the most important ones in fact. For him to continue supporting it is almost political suicide. Yet he's doing it anyway. Which makes you think, what could possibly be so important to keep secret?

    We know it has nothing to do with national defense. The crones in Washington have never had a problem with outing CIA agents in the field for political gain.

    Do they have illegal records of Dick Cheney torturing kittens or something? Wait, that wouldn't surprise anyone.

  5. Re:Change by somersault · · Score: 5, Interesting

    Well, at least Guantanamo is being shut down, so we in the rest of the world can relax a little, while things stay the same for the actual US citizens..

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    which is totally what she said
  6. Flaws in our democracy by Hatta · · Score: 5, Insightful

    "State secrets" and "sovereign immunity" are two concepts that have no place in any democratic country.

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    Give me Classic Slashdot or give me death!
  7. This isn't a 180 by Chibi+Merrow · · Score: 5, Informative

    Obama voted yes for the telecom immunity bill. He supported the wiretapping program in the Senate, why do you think he'd stop supporting it when he was elected President?

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    Maxim: People cannot follow directions.
    Increases in truth directly with the length of time spent explaining them
    1. Re:This isn't a 180 by Nutria · · Score: 5, Interesting

      Obama voted yes for the telecom immunity bill. He supported the wiretapping program in the Senate, why do you think he'd stop supporting it when he was elected President?

      Substance doesn't matter to "Hope And Change" zombies.

      Not that it matters much to the "Saddam planned 9/11" crowd, but liberals are supposed to be Sooooo Muuuuch Smarter, Hipper And Rational than Bible-thumping Young Earth Creationist conservatives that you'd think they'd care a smidgen about reality.

      --
      "I don't know, therefore Aliens" Wafflebox1
  8. Re:FTFA by Red+Flayer · · Score: 5, Insightful
    It's important to note that the DOJ references the PATRIOT Act as justification for this argument. It's a little awkward for the EFF to say

    No one -- not the White House, not the Justice Department, not any member of Congress, and not the Bush Administration -- has ever interpreted the law this way.

    when we're talking only about a single administration.

    Yes, the Obama administration's stance is intolerable. But the problem, I believe, is not the administration -- it is the law. Repeal the PATRIOT Act. Pass a law requiring stricter oversight of government surveillance.

    THAT is the answer. Not some mindless, useless "Obama is teh suxxor" bullshit.

    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  9. Ya know... by smooth+wombat · · Score: 5, Insightful

    I distinctly remember, way back when during the Reagan years, people were crowing about how we in the U.S. had it so much better than the Soviets. We didn't have to worry about providing papers to travel (Red October anyone?), we didn't have to worry about our neighbors spying on us and reporting "unpatriotic" deeds, we didn't have to worry about government agents bursting into our homes without a warrant and we especially didn't have to worry about the government listening in on our phone calls.

    Now we have two different parts of the government trying to justify why they can, whenever, they feel like it, listen to our phone conversations all in the name of stopping "them" from causing us harm. The worst part about it, the same people who 25 years ago were crowing about how free we were compared to the Soviets are now the same people (assuming they're still alive) who are defending these blatant infringements on our freedoms, all in the name of securing our freedom.

    Is that like, "It became necessary to destroy the village in order to save it."?

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    We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
  10. Re:well and good to criticize warrantless wiretaps by anagama · · Score: 5, Insightful

    Concepts like probable cause, innocent until proven guilty, checks and balances on government power, government for the people and by the people, restriction on governmental power --- are best described as "quaint"?

    I wish the people who want to destroy America would take up arms and revolt -- that's easy enough to put down. Insidiously destructive notions such as yours that fundamental rights for individuals and limits on government power are "quaint", ensures that American principles of government will die out. America may keep the name, but that's it.

    --
    What changed under Obama? Nothing Good
  11. I see two possibilities here... by Millennium · · Score: 5, Insightful

    So it's starting to sound like one of several things is going on here:

    • Obama is ultimately cut from the same power-hungry mold as Bush, even if he often seeks a different sort of power from his predecessor. This particular case just happens to serve both of their ends, so meet the new boss, same as the old boss. OR...
    • Bush actually had good reasons to do what he did, and Obama continues these odious policies as a distasteful but very real necessity.

    I'm not sure which of these possibilities would worse.

    It would help, however, if Obama would be more forthcoming as to the reasons behind the continuation, though; surely some more substantial explanation than "it's all a state secret" can be given without damaging national security.

  12. Re:This needs to get press. by Jah-Wren+Ryel · · Score: 5, Insightful

    Still, I don't expect even the blogosphere to treat Obama like it treated Bush. Where are the posts comparing Obama to Hitler?

    Bush had years to build up a reputation. Obama is still in the process of tearing down his original reputation. Give him two years and if he's done anything near what Bush did two years into his first term I think you will see plenty of people making such comparisons.

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    When information is power, privacy is freedom.
  13. Re:And Krugman says his bank bail out... by PriceIke · · Score: 5, Informative

    The economy was cruising on the downslope after the internet bubble burst in mid-2000. That happened on Clinton's watch.

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    It's not a lie. It's the truth with lossy compression.
  14. Re:This needs to get press. by ArcherB · · Score: 5, Informative

    Still, I don't expect even the blogosphere to treat Obama like it treated Bush. Where are the posts comparing Obama to Hitler?

    Bush had years to build up a reputation. Obama is still in the process of tearing down his original reputation. Give him two years and if he's done anything near what Bush did two years into his first term I think you will see plenty of people making such comparisons.

    Bush's motorcade was pelted with snowballs on the way to his inauguration while Obama got a party. With the except of a couple of months after 9-11, Bush was pretty much relentlessly attacked by the media, Hollywood elites and blogosphere for all eight years.

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    There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
  15. Re:This needs to get press. by The+Rizz · · Score: 5, Insightful

    Where are the posts comparing Obama to Hitler? Would Stalin be a better comparison?

    The posts are comparing Obama to Bush. That's practically the same thing, nowadays.

  16. Re:Change by The+Rizz · · Score: 5, Insightful

    Can you get the terrorists to stop violating human rights?

    Wow. Way to play the "if terrorists do it, it's OK for us to do it, too" card.

  17. Author of the Motion by Elder+Entropist · · Score: 5, Informative

    I'm a bit cynical about the Obama Administration willingly giving up powers it has been given in the long run. But I'm not ready to say this motion represents the will of the Administration yet.

    The author of the piece, ACTING Assistant Attorney General Michael F. Hertz, is a leftover from the Bush administration and is due to be replaced once his successor is confirmed.

  18. Re:This needs to get press. by Orange+Crush · · Score: 5, Insightful

    I suspect the popular vote result and widespread ignorance of how the electoral college works is what inflamed the majority of the wild-eyed Bush haters from the start.

    I mean, it's not like he won 25 electoral votes by a margin of 537 votes out of 6 million in a state with rampant reports of election fraud.

  19. Re:Obamunism in action by Dhalka226 · · Score: 5, Interesting

    This has nothing to do with Obama (other than that his DOJ is making the argument), and it is not a bullshit argument from a legal standpoint.

    It's called sovereign immunity, and we brought it over to our legal system from the British system when we declared independence. To put it shortly, it's exactly what you quoted: Congress has to waive its immunity in order for you to sue the federal government. There are a few laws on the books outlining cases in which they automatically waive that right. I don't know if this would be one of them, except to say that the DOJ obviously feels there's at least an argument to be made that it isn't.

    I agree with what somebody else said in another thread earlier: Sovereign immunity has no place in a democratic society. That said, though, it's here and as frightening as it may be, it's far from a bullshit legal argument to have a lawsuit dismissed. It's a good one.

  20. Re:We have to root out the neocons by DaveV1.0 · · Score: 5, Insightful

    You can ship out the neocons just as soon as your buddies who said they would leave the country if Bush got (re)elected actually leave the country and renounce their citizenship.

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    There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
  21. Please... by Anonymous Coward · · Score: 5, Informative

    Pelosi says it is un-American to enforce our immigration laws. How does that grab you?

    It "grabs me" that you're misrepresenting what she said. What she actually said was first that the values of immigrants who struggle to make it in America is in itself part of the American spirit:

    "that optimism, that hope, that courage, that determination of immigrants of your families when you arrive here make America more American."

    She then asked her audience:

    "How then could America say it's okay to send parents of children away? What values system is that? I think it's un-American." Later she added "who in our country would not want to change a policy of kicking in doors in the middle of the night and sending a parent away from their families? It must be stopped."

    She is clearly attacking as Un-American the value system that believes kicking in doors at night and separating families is good. If you want to generalize that to "Pelosi says it is un-American to enforce our immigration laws", that's your own business, but it's clearly not what she was saying.

    I do take offense when Americans go off to France, for example, and criticize our President or our country. All they are doing is selfishly making themselves more important at the expense of the rest of us. Its a kick in the teeth to the brave soldiers risking their lives for our safety.

    You must be pretty damn insecure about your country then. And totally missing what's great about America-- for criticism of America by its own citizens is what makes our country strong- because American can withstand that criticism and also change for the better when appropriate. This country's strength is that it's in a way an "open-source" country (at least when its at its best.) . The more eyeballs who can find flaws and suggest improvements means that its flaws are discovered, debated, and hopefully corrected. It is the national right (and duty) to be critical of this country and speak about how we can be a better people that is one of the many great strengths of America. Self-analysis and criticism of America by Americans anytime, anywhere should be encouraged and celebrated. It is, in fact, the essence of our country of, by, and for the people, and is what our soldiers are fighting for.

  22. Re:You must've been under a rock then by Moridineas · · Score: 5, Insightful

    I can remember most of the Hollywood-hating folk telling outspoken actors to GTFO and go to Canada/Europe.

    Actually I believe that was directed at the hysterical actors/actresses who claimed they would leave but then failed to actually do so. Any information to the contrary?

    Hell, do you really think the 2004 election went the way it did if not for the GOP implying that most Democrats were unpatriotic?

    It's always easy to make excuses for being unpopular (see Republicans today). Are you REALLY claiming that you believe that the Republicans won big in 2004 merely because you think "the GOP impl[ied] that most Democrats were unpatriotic." I think you've got to back up that first of all, that actually happened, and second of all, the alleged mere act of claiming somebody is unpatriotic changed votes from Dem to Republican.

    For those who don't follow, let me make this easy for you: The term 'flip-flop' existed because Rove & Co. were using it to nail anyone who wished to support the troops but also dissented from the President's edict for fighting terrorism without question.

    What utter BS, and just goes to show how you are lacking any and all introspection for your beliefs/party here. The term flip-flop didn't come to characterize Kerry because of "Rove Co" but because of KERRY. Talk about not taking responsibility!

    Amazing...as someone who did not vote for Obama, I have to say that I was never that disappointed that he was elected. For one, I wasn't a McCain fan, and secondly, I thought it would mean an end to the tireless squawking about evil BushCo and Cheney. I'm actually still waiting for that... Despite Obama's messages of chance and unity, it seems a lot of people are having trouble moving on!

  23. Re:You must've been under a rock then by commodore64_love · · Score: 5, Informative

    >>>if you said "87 Billion with no known limit might be unreasonable,"

    And now Obama and the Democrats are spending 3000 billion, and yet we're all supposed to smile and act happy about it. Bush's war was bad, but Obama's credit-card spending spree is about 400 times more expensive!

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall