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TSA Changes Its Rules, ACLU Lawsuit Dropped

ndogg writes "Earlier this year, there was much ado about a Ron Paul staffer, Steve Bierfeldt, being detained by the TSA for carrying large sums of money. The ACLU sued on his behalf, and the TSA changed its rules, now stating that its officers can only screen for unsafe materials. With that, the ACLU dropped its suit. '[Ben Wizner, a staff lawyer for the ACLU, said] screeners get a narrow exception to the Fourth Amendment, which prohibits unreasonable searches, strictly to keep weapons and explosives off planes, not to help police enforce other laws.'"

69 of 285 comments (clear)

  1. Maybe it's just me by TubeSteak · · Score: 5, Insightful

    Personally, I'd have rather have a legal precedent set VS a rule that can be changed back.

    --
    [Fuck Beta]
    o0t!
    1. Re:Maybe it's just me by Opportunist · · Score: 3, Insightful

      Why do you think the rules were changed in the first place? The system works as follows: Now those rules are changed to avoid a precedent. Then we wait 'til the waves settle and use the time to think up a more bulletproof version, including terrorists, pedophiles and ... well, whatever other boogeyman shows up in the meantime. Then anyone protesting or even arguing against it is vilified.

      You didn't get the memo?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:Maybe it's just me by jcr · · Score: 4, Insightful

      I'd have rather have a legal precedent set VS a rule that can be changed back.

      I hear you, but let's not forget that the supreme court has a very spotty record when it comes to enforcing the bill of rights. I'm not sure I'd like to roll the dice on them upholding the fourth or fifth amendment.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
  2. the more things change... by girlintraining · · Score: 3, Informative

    She said the directives would not be released unless a Freedom Of Information Act request was submitted by The Washington Times.

    The law is not available for inspection, citizen. Now drop your pants.

    --
    #fuckbeta #iamslashdot #dicemustdie
  3. Also: by TubeSteak · · Score: 5, Informative

    TSA spokeswoman Lauren Gaches said the new "internal directives" are meant to ensure their screeners are consistent. She acknowledged the policy on large sums of cash had changed, but wouldn't provide a copy of either document. She said the directives would not be released unless a Freedom Of Information Act request was submitted by The Washington Times.

    Fuck that.

    --
    [Fuck Beta]
    o0t!
    1. Re:Also: by pete-classic · · Score: 3, Insightful

      This seems to be another exemption from President Obama's promise of transparency in government. In fact, I'm not sure I'm able to distinguish his policies from his predecessor's.

      -Peter

    2. Re:Also: by maxume · · Score: 3, Insightful

      If you think his ability to make changes is so great that he could have changed everything by now, you are a damn fool. If you vote as if politicians will quickly achieve all of their stated goals regardless of the opposition they may face, you are poison.

      (I voted for Obama, but mostly because he wasn't McCain-Palin, not because I thought he was going to be so different than his predecessors)

      --
      Nerd rage is the funniest rage.
    3. Re:Also: by palegray.net · · Score: 3, Insightful

      Sounds like it's time to submit a FOIA request.

    4. Re:Also: by frosty_tsm · · Score: 2, Insightful

      (I voted for Obama, but mostly because he wasn't McCain-Palin, not because I thought he was going to be so different than his predecessors)

      I did too. I kind of wish McCain of 2000 was running in the last election instead of McCain of 2008.

    5. Re:Also: by houstonbofh · · Score: 2, Insightful

      >

      (I voted for Obama, but mostly because he wasn't McCain-Palin, not because I thought he was going to be so different than his predecessors)

      This is the problem with have in politics today. You do not have to be good, or compliant to win. Just not %otherparty. I have had enough of this, and that is why I did not vote for McCain. The little (r) was not enough, and I refuse to vote for people just because they do not eat babies.

      (For the record, I voted Libertarian this time.)

    6. Re:Also: by TubeSteak · · Score: 5, Informative

      If you think his ability to make changes is so great that he could have changed everything by now, you are a damn fool.

      I don't think he can change everything, but the TSA is part of the Executive Branch.
      Obama is the Executive. As Executive, he can issue "Executive Orders" telling them what to do.
      Oh wait! He did!

      January 21, 2009
      ...
      All agencies should adopt a presumption in favor of disclosure, in order to renew their commitment to the principles embodied in FOIA, and to usher in a new era of open Government. The presumption of disclosure should be applied to all decisions involving FOIA.

      The presumption of disclosure also means that agencies should take affirmative steps to make information public. They should not wait for specific requests from the public. All agencies should use modern technology to inform citizens about what is known and done by their Government. Disclosure should be timely.

      This isn't a problem with Obama, it's a problem with the TSA and their culture of secrecy.

      --
      [Fuck Beta]
      o0t!
    7. Re:Also: by maxume · · Score: 2, Insightful

      Well, the fact that the TSA hasn't changed their culture is a pretty bald statement of exactly how powerful the President is (and it demonstrates that there is a difference between his legal powers and his powers to change reality).

      --
      Nerd rage is the funniest rage.
    8. Re:Also: by Jah-Wren+Ryel · · Score: 4, Informative

      This isn't a problem with Obama, it's a problem with the TSA and their culture of secrecy.

      Sure sounds like it. The spokesperson essentially admitted that they would disclose it in response to a FOIA request and Obama's order essentially says that if it would be released under FOIA, then just release it now and skip the song-and-dance. The TSA complains that it is unfairly maligned, but insisting on the song-and-dance like that is exactly the kind of BS that makes people lose any faith or confidence in the agency that they might have had.

      --
      When information is power, privacy is freedom.
    9. Re:Also: by LordNimon · · Score: 3, Insightful

      Do you know that there are more than two sides? You could have voted for any of the dozens of other individuals/parties running for President. I voted for the Libertarian candidate, Bob Barr.

      --
      And the men who hold high places must be the ones who start
      To mold a new reality... closer to the heart
    10. Re:Also: by jamstar7 · · Score: 3, Insightful

      I kind of wish McCain of 2000 was running in the last election instead of McCain of 2008.

      He didn't get the nod in '00 because he wasn't tight with the neocons. Dubya was, so he got the nod.

      Personally, as a Republican, I'd LOVE to get my party away from the neocons.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    11. Re:Also: by mhall119 · · Score: 4, Funny

      Good luck with that

      --
      http://www.mhall119.com
    12. Re:Also: by Garridan · · Score: 2, Interesting

      This memorandum does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

      Translation: this is an empty document, but will appease the masses when they cry about a lack of "change", because they won't read all the way to the bottom. Carry on, and don't share anything that you don't absolutely have to under FOIA.

    13. Re:Also: by commodore64_love · · Score: 2, Insightful

      I honestly don't think anybody could have won against Obama, not even a Ronald Reagan. Maybe if you went waaaaay back in time a Teddy Roosevelt would have enough charisma to beat Obama, but even that's iffy considering Obama got almost 100% of the black votes (which is understandable given the history-setting precedent).

      Obama is a great speaker who knew how to rally the American people. Plus he had a lousy republican president and a lousy economy in his favor. In my opinion he was unbeatable. Almost any Democrat candidate would also be difficult to beat given the previous 8 years.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    14. Re:Also: by CecilPL · · Score: 3, Insightful

      You need to take a longer term view. Your vote serves to do more than simply help that candidate win that election. It also serves to increase (however slightly) the profile of that candidate, and by extension the party. Every vote that goes to a third party is one that helps further the belief that a third party candidate is viable.

    15. Re:Also: by MightyMartian · · Score: 2, Insightful

      Any leader, political or otherwise, that walks into a large-scale bureaucracy thinking their powers are going to be sufficient to turn around what is the human equivalent of a 100-car train is going to be in for some serious pain. You don't just declare "This is going to happen" and then it happens.

      The best example I can think of was China's Great Leap Forward. You had all these low-level functionaries given orders from far-far away on how much iron was going to be produced, how much rice, how much this and how much that. As targets began to fall off, the low-level bureaucrats basically lied to their superiors. Their superiors, for the most part knew what they were being fed was shit but no one was going to go to the chief bureaucrats and the Party apparatchik, and most importantly to Mao and his inner circle, and declare "It ain't working."

      What your repeating is the standard "civil servants are lazy bumbs" line, which, like most alarmist statements, is pretty much nonsense. I suspect if you were in charge that you would be the kind of guy leader who in short order would basically be the victim of every kind of sabotage and poor relationship possible.

      At any rate, Obama has been in the job for about nine or ten months now. As the head of the pyramid, he's hardly going to be dealing with the minutia of one branch of the Executive. That's what he has a Cabinet for. I guess he can sort of get blame the same way a captain will get blame if his navigator runs the ship into the rocks, but the reality is that the US government is a vast machine, and that even singular departments like TSA, which are branches of larger departments (in this case Homeland Security) would require the President spend every waking moment of every day dealing with departments, sub-departments, branches and so forth.

      Besides, even if he deals with problems directly, he's probably not going to take an adversarial tone like you are, because basically calling people useless and stupid and then saying "Let's make it better..." is going to end in a bigger fuck up than what you had to begin with.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    16. Re:Also: by pete-classic · · Score: 2, Insightful

      I have a firm rule about not replying to ACs, but this is quite beyond the pale.

      So let them take your nail clippers, boot up your laptop, and scan through your underwear with the camera.
      Because that's their effing job, so that your entitled, naive, ungrateful ass rides safely home this Thanksgiving.

      You clearly don't know who you are addressing. Among many other things I'm an honorably discharged combat veteran.

      I don't claim to have all the answers, but have put it on the line to defend liberty. I would dishonor my own service, and, infinitely more importantly, the service of those who came before and since, if I followed your advice and blindly licked the hands of my would-be masters.

      I'm offended that you would call me "entitled". I ask for only what I have earned, and the rights of a free man.

      I'm offended that you would call me "naïve". I willingly sacrificed my innocence on the alter of liberty.

      I'm dismayed that you would call me "ungrateful". I'm profoundly grateful for the liberty secured to me by my forebearers. And I have shown that gratitude by defending that liberty to the limits of my abilities.

      It is not the place of my government to assure my safety by abridging my liberty. It is my place to speak against such policies. I choose the level of risk I am willing to accept. I am the principal protector of my own safety.

      I certainly won't stand for such disrespect from someone who values his own words so little as to post anonymously.

      -Peter

    17. Re:Also: by commodore64_love · · Score: 2, Insightful

      >>>Every vote that goes to a third party is one that helps further the belief that a third party candidate is viable.

      Bullshit. When Ross Perot won ~20% of the vote in 1992 (and cost Bush Senior his election), all it did was reinforce the belief that voting for anyone other than R or D was like throwing-away your vote.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    18. Re:Also: by pete-classic · · Score: 2, Insightful

      You're preaching to the choir, sir.

      I like the way Penn Jillette put it, in the voice of the sock monkey in his novel, Sock.

      Maybe you can't see this. Maybe you have to be a crazy monkey to see this, but it's insane. There's some election. Let's say it's for president. And the third-party candidate gets enough percentage points in some poll so that the meat puppets have to deal with her. This is hypothetical, so let's make it a woman. It doesn't do any harm to be progressive and fair in fiction. So they say, "Nancy Lord has to convince the electorate that she's a viable candidate. She has to show them that she can really win." Who are they talking to? Who is "they"? Who is "the electorate"? That's us, right? (By "us," I mean "y'all." They're not counting sock monkeys.) So, it's saying, "She has to convince you that she has a chance to win with you." Well, if we want her, we vote for her and she wins. Her "chances" don't matter. The media don't want you to "waste your vote" by voting for a loser. But you can't waste your vote voting for a loser you want. You can waste your vote only by voting for someone you don't want. You don't want the winner. Don't waste your vote on someone who's going to win. He doesn't need your vote; he's going to win. Keep voting for the lesser of two evils and things will just keep getting more evil. That's game theory that even this monkey understands. Who are they talking to? Meet the new boss same as the old boss.

    19. Re:Also: by gangien · · Score: 2, Insightful

      they are not "ultra capitalists". Capitalism would mean there's no goverment regulation or involvement, which neocons certainly are not about.

      A little capitalism is all very well and good, but unrestrained capitalism is nothing but bad.

      I strongly disagree. Most of the time when people cite the negatives of capitlism, they are doing just the opposite, they are pointing out why corruption, that is buisness in bed with the government, is bad. Which is certainly true.

      Not that capitalism is perfect, so yes there are cases you can make against it, but, compared to the alternates, i'd take capitalism.

    20. Re:Also: by Garridan · · Score: 2, Insightful

      I'm not saying that the president should be able to make law. I'm just pointing out the fact that this memo is nothing but a waste of bandwidth -- it's a fluff piece. The Obama administration has been just as closed as the Bush administration was. The only difference? Bush didn't lie about it.

    21. Re:Also: by NormalVisual · · Score: 2, Insightful

      In fairness though, Perot almost certainly would have done a lot better at the polls had he not dropped out of the race that summer and re-entered barely a month before the election.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
  4. Re:In other news... by girlintraining · · Score: 3, Insightful

    ...people with large sums of money have more freedoms than people who don't.

    He had a large sum of money on him, and as a result was detained for hours and strip-searched, as well as being accused of being a terrorist and denied access to a lawyer or charged with any crime. Meanwhile, the guy who only had $15 and a cracker in his pocket was able to get on the plane. Tell me again how the guy with the money had more freedoms in this case?

    --
    #fuckbeta #iamslashdot #dicemustdie
  5. $4500 a "large sum of money" for travel? by Animats · · Score: 4, Insightful

    I'm surprised the TSA considered $4500 to be a "large sum of money". That's about two weeks of business travel. If that.

    With current credit card fees, it may be more cost-effective to carry cash. Even if you get robbed 1% of the time, you're still ahead.

    1. Re:$4500 a "large sum of money" for travel? by nedlohs · · Score: 2, Informative

      Most business travel stays within the domain the home currency, so that's irrelevant. And there are more fees than just currency conversion markups.

    2. Re:$4500 a "large sum of money" for travel? by BigForbis · · Score: 5, Informative

      The law is not that you cannot carry more the $10,000 in or out of the country, but simply that you must declare it to customs when you transport more than $10,000 in and out of the country.

      --
      Remember, 50% of people are below average...
    3. Re:$4500 a "large sum of money" for travel? by movercast · · Score: 2, Informative

      When traveling into the US from a foreign country (this obviously does NOT apply to domestic travel, but good to know) 10. How much cash may I bring with me for my trip? There is no limit on the total amount of money or monetary instruments that may be brought into or taken out of the United States. However, if you transport or cause to be transported, more than $10,000 in monetary instruments on any occasion into or out of the United States, or if you receive more than that amount, in behalf of someone else and then transport it, you must file a Customs Form 4790 with U.S. Customs. Failure to comply can result in civil and criminal penalties, including seizure of the currency or monetary instruments. Monetary instruments include U.S. or foreign coins, currency, traveler's checks, money orders, and negotiable instruments or investment securities in bearer form are all considered when determining the total $10,000 reporting requirement.

  6. Re:In other news... by TheRaven64 · · Score: 2, Informative

    I think you need to look up the definition of a straw man argument. It is a hypothetical case introduced containing irrelevant points which is easier to argue against than the original. The grandparent's guy was the man TFA is about, while you were talking about a hypothetical person. If anyone is introducing straw men into the argument, it is you.

    --
    I am TheRaven on Soylent News
  7. Re:In other news... by captjc · · Score: 5, Funny

    I dont have to "tell you again" about your straw-man. Its your straw-man, perhaps you should have given it the ability to speak.

    This is my straw-man. There are many like it, but this one is mine. My straw-man is my best friend. It is my life. I must master it as I master my life. My straw-man, without me, is useless. Without my straw-man, I am useless. I must use my straw-man true. My straw-man and myself know that what counts in this flamewar is not the illogic we fire, the noise of our post, nor the sense we make. We know that it is the diversion of the argument that count. My straw-man is human, even as I, because it is my life. Thus, I will learn it as a brother. I will learn its weakness, its strength, and its straw. I will keep my straw-man clean and ready, even as I am clean and ready. We will become part of each other. Before The Flying Spaghetti Monster I swear this creed. My straw-man and myself are the defenders of the internet. We are the masters of our argument. We are the saviors of my ego. So be it, until victory is mine and there is no enemy, but conformity.

    --
    Slow Down Cowboy! It's been 1 hour, 47 minutes since you last successfully posted a comment
  8. Cash is the anonymous proxy for economic networks by Anonymous Coward · · Score: 5, Insightful

    And there is nothing the government hates more than anonymity. Can't tax it, track it and control it unless it is electronic, and traceable. That is why they hate cash so much. The only possible reason for economic anonymity is nefarious. You must be using it to avoid taxation or buy or sell something the government doesn't think you should have or fund terrorists. Cash must be stamped out.

  9. Ok to carry drugs now? by Oyjord · · Score: 3, Interesting

    "...screeners get a narrow exception to the Fourth Amendment, which prohibits unreasonable searches, strictly to keep weapons and explosives off planes, not to help police enforce other laws."

    Hmm. Does this means it's ok now to carry my blow in my pocket when I fly home to visit the folks during Xmas? I'm tired of carrying it...up there.

    1. Re:Ok to carry drugs now? by Bob9113 · · Score: 4, Funny

      "...screeners get a narrow exception to the Fourth Amendment, which prohibits unreasonable searches, strictly to keep weapons and explosives off planes, not to help police enforce other laws."

      Hmm. Does this means it's ok now to carry my blow in my pocket when I fly home to visit the folks during Xmas? I'm tired of carrying it...up there.

      Probably not. The quote came from the ACLU, and only refers to the limits of governmental authority established in The United States Constitution. The United States government does not operate within the bounds of that charter.

  10. Re:In other news... by Opportunist · · Score: 2, Insightful

    Well, if the guy with a cracker had a bottle of soda instead, the roles would have been reversed but he wouldn't be released with a change of rules to take home.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  11. Re:In other news... by nedlohs · · Score: 2, Insightful

    Yes, the exact curcumstances of the events being duscussed is the straw man.

    It's not your completely unsupported claim with no relevance to the events at hand that is the straw man.

    Hint: yes in lots of situations wealthy people get away with things that poorer people don't. But carrying money and being wealthy are unrelated.

    The homeless looking man carrying $100,000 in a sack is going to have far more issues with the cops than the well dressed man with $80 in his wallet.

  12. Interpretation, not exception by mangu · · Score: 4, Insightful

    You can actually get 'narrow exceptions' to the fundamental rights?

    No, it's not an exception to the Fourth Amendment. It's only an interpretation that looking for guns and explosives when people board a plane does not constitute an "unreasonable search and seizure", but looking for anything else is "unreasonable".

     

    1. Re:Interpretation, not exception by JesseMcDonald · · Score: 2, Interesting

      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.

      I know the language is imprecise, but it seems perfectly obvious to me that the first clause describes only the authors' goals, while the second part (starting from "and no Warrants shall issue...") describes how such security will be guaranteed—with the unstated assumption being that no searches or seizures will ever take place without a warrant, however "reasonable", thus making all searches and seizures subject to the need for probable cause, oath or affirmation, and specific predefined boundaries.

      By that interpretation it wouldn't matter what the TSA (or anyone else) thinks is "reasonable"; they'd still need a specific warrant before performing any search or seizure.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  13. Gray areas by 93+Escort+Wagon · · Score: 2, Interesting

    My first impression was it was silly and wrong-headed for TSA screeners to be setting themselves up as police proxies - and I do, mostly, still feel that way. But I would certainly want them to notify police under certain circumstances that aren't related to their screening duties. For example, if there was an abducted child for which they had a photo, and a child who looked like that went through the security line, I'd want them to inform the police that someone resembling the kid was boarding a flight - I wouldn't want them to take any additional steps, however.

    Basically with regards to police matters they shouldn't do anything a private citizen wouldn't be expected to do in a similar situation.

    --
    #DeleteChrome
    1. Re:Gray areas by gavron · · Score: 3, Insightful
      Please don't make this "about the children" or "stop the Nazis." It's about the TSA abusing their positions.

      They are not police, have no police powers, and are bullies and dragoons.

      E
      P.S. I'm calling modified Godwin's Law on this.

    2. Re:Gray areas by Anonymous Coward · · Score: 2, Insightful

      I think the OP was pretty specific. Besides the direct duties associated with protecting the planes, such as checking for weapons, the TSA should be doing nothing more than would be expected of any private citizen.

      Sightings of missing persons or the FBI's most wanted is something everybody is obligated to report, with no exceptions, not even the police are excluded from this. (They are required to report just about everything anyway.)

      The way this, like all 4th amenment exceptions should work:

      The TSA must not search more than needed to accomplish their objectives. Should they in the course of this minimal level of searching stumble upon anything suspicious, they should report it to the police. But they should not every be going out of the way to search for things unrelated to the job at hand. If there is no specific security reason to look through a wallet, then the TSA should NEVER be looking though a wallet, etc. One example from the article is that the TSA agents ae not allowed to check that prescription bottles belong to the person carying them, since there is no security concern that relates to that.

  14. Re:B 'fing' S by houstonbofh · · Score: 3, Informative

    You know who I blame for this? YOU(me). When was the last time any of us rioted in the streets to stop this kind of BS? been a while huh? wonder why the Gov. can pass anything they like on a whim? The only people they answer to is themselves.

    April 15th, July 4th, and September 12th. But it wasn't really a riot, and the numbers vary based on who is telling the story...

  15. Only planes? by unix1 · · Score: 2, Interesting

    '[Ben Wizner, a staff lawyer for the ACLU, said] screeners get a narrow exception to the Fourth Amendment, which prohibits unreasonable searches, strictly to keep weapons and explosives off planes, not to help police enforce other laws.'

    So, how is this any different from:

    Police get a narrow exception to the Fourth Amendment, which prohibits unreasonable searches, strictly to keep dangerous weapons and illegal drugs off streets/school surroundings/public parks/college campuses/subways/high rise buildings/etc.

    Just wondering.

  16. Re:In other news... by UnknowingFool · · Score: 2, Insightful

    In this case a large sum of money to the TSA was $4,300 in a metal box. We're not talking a suitcase with a million dollars. While I don't carry that much cash, someone carrying that much cash isn't uncommon. Business people may carry that much for one reason or another.

    As far as I know only Customs asks people about the amount of money carried by a passenger if you are entering a country. Almost no one asks on domestic flights.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  17. Ron Paul supporters can take a deep breath by BitHive · · Score: 3, Insightful

    The system basically worked here, the offended party was able to use the system to address his grievance. Let's not forget that for all our bluster about liberty and freedom there are some places where a real politically-motivated detainment could have meant death or worse.

    1. Re:Ron Paul supporters can take a deep breath by QuantumRiff · · Score: 4, Insightful

      No, the system didn't fully work. The TSA changed its "internal policies".. That is much different than a legal precedent, and of course, they can be changed right back, in a month. A person violating "internal policies" might get "disciplined" which is a long way from what's going to happen to someone for willfuly violating your rights. (And really, some of those minimum wage power tripping ego's really do need to get knocked back a few notches.) Also, if I'm not mistaken, pretty much all of the airports use Contractors to actually hire the agents. I'm not sure exactly how much training the employees get, since that would cut into the companies profits...

      --

      What are we going to do tonight Brain?
    2. Re:Ron Paul supporters can take a deep breath by bcrowell · · Score: 3, Insightful

      The system basically worked here, the offended party was able to use the system to address his grievance. Let's not forget that for all our bluster about liberty and freedom there are some places where a real politically-motivated detainment could have meant death or worse.

      Yes, but to me the real point to keep in mind is that since 9/11, we've been on the slippery slope toward becoming one of those bad places you're describing. And let's also remember that the whole reason Guantanamo exists is so that some parties will not be able to use the system to address their grievances.

      I have a recurring alert in my calendar to donate $100 every July 1 to the ACLU, PO box 96265, Washington, DC 20090-6265. I hope everyone here who's posting about what a great victory this was will do something similar. (Note that contributions to the ACLU are not tax-deductible because they use more than a certain % of their money for lobbying.)

      What I really love about the ACLU is that even though they're basically a bunch of liberal Democrats, they take cases strictly on what they perceive as the case's legal importance for civil liberties. Most people associated with the ACLU probably think Ron Paul is the antichrist, but they took this case because it was a good, important case.

    3. Re:Ron Paul supporters can take a deep breath by Dunbal · · Score: 2, Insightful

      The system basically worked here

            Umm, it was the threat of litigation by the ACLU that worked. If you consider the ACLU as part of the "system", consider why there has to be an AMERICAN CIVIL LIBERTIES UNION in the first place. The "system" is erring ever more on the "side" of the government. Perhaps your just not old enough to remember what it USED to be like. But then again, I remember $0.25 cokes from vending machines, which is strange, considering the government claims only 2-3% inflation since the 80's... at 3% compounded, a can of coke should cost you $0.60 today. Yet strangely a 12-pack at the supermarket will set you back around $11 ($0.91/can) and at least $1 from a vending machine. Ahhh, how wonderful it is that people don't notice creeping things like inflation, or erosion of civil liberties, for that matter. Governments lie. Period. This is not new, Plato even justified it. Please do enjoy your "recovery" in the meantime.

      --
      Seven puppies were harmed during the making of this post.
  18. Re:In other news... by TubeSteak · · Score: 3, Insightful

    Well, if the guy with a cracker had a bottle of soda instead, the roles would have been reversed but he wouldn't be released with a change of rules to take home.

    More often than not, that bottle of soda gets chucked into a 30 gallon garbage bin sitting next to the security screeners.
    Which tells you how dangerous they really think it is.

    --
    [Fuck Beta]
    o0t!
  19. three cheers for Steve Bierfeldt by bcrowell · · Score: 5, Insightful

    Three cheers for Steve Bierfeldt! Most people are sheep, and wouldn't even think of standing up to authority like this. Of those who aren't sheep, very few would do it despite the inconvenience of missing your flight and the implicit threat of going to jail in a country that no longer thinks it's necessary to give people trials. Listen to the audio he recorded on his iPhone. The TSA guys are cussing at him, and then you hear a loud noise that sounds like someone pounding on a desk. You can hear the stress in Bierfeldt's voice, but he's not backing down just because it's a psychologically intimidating situation. I consider Steve Bierfeldt to be a hero.

    1. Re:three cheers for Steve Bierfeldt by TheRaven64 · · Score: 3, Interesting

      It's interesting how the TSA person sounded in this. Steve keeps asking him 'am I required by law to answer that question' and the TSA operative never once says yes or no. It sounds like he actually doesn't know, which is quite worrying. You'd have thought that some basic education in the relevant parts of the law would be part of basic training for TSA guys - even an afternoon session would have covered that.

      The most interesting thing, however, was that he was told that he would be taken to the police station (which meant the DEA or FBI office), against his will, without being arrested and, most importantly, without being read his rights. I would be very surprised if this is legal. Even the police aren't allowed to do that: they can ask you to go with them (and you are free to refuse), or they can arrest you. If they arrest you, then they are required to read you your rights and to maintain a proper custody chain (i.e. the arresting officer is 100% responsible for you until he has received some paperwork where someone else takes responsibility).

      Well done to Steve Bierfeldt for not backing down and not losing his temper.

      --
      I am TheRaven on Soylent News
    2. Re:three cheers for Steve Bierfeldt by Anonymous Coward · · Score: 3, Interesting

      The most interesting thing, however, was that he was told that he would be taken to the police station (which meant the DEA or FBI office), against his will, without being arrested and, most importantly, without being read his rights. I would be very surprised if this is legal. Even the police aren't allowed to do that: they can ask you to go with them (and you are free to refuse), or they can arrest you. If they arrest you, then they are required to read you your rights and to maintain a proper custody chain (i.e. the arresting officer is 100% responsible for you until he has received some paperwork where someone else takes responsibility).

      TheRaven64 is very wrong. I am a law enforcement officer. First of all, your Miranda rights are only read to you if you are *in custody* (not free to leave) and are being questioned for a criminal offense. Being arrested does not automatically invoke Miranda. I have arrested LOTS of people who are never advised of their Miranda rights, because they aren't being questioned. Arrest someone for a warrant for not paying fines? There's no questions to ask, they are going to jail. Arrest someone for another agency's warrant? You don't know what questions to ask, and they are going to jail. The list could go on and on.

      Secondly, I have arrested hundreds of people and can tell you that the "property custody chain" makes no sense. We don't sign people over and receive receipts from other officers or jails when you are booked in.

      Sorry, TheRaven64, but you don't know what you are talking about.

    3. Re:three cheers for Steve Bierfeldt by TheRaven64 · · Score: 2, Informative
      Sorry, I was basing my comments on UK law. I assumed that the US - being the land of the free and all - would have similar rights. Over here, the only way the police are allowed to detain you is if they arrest you. If they do this, then they must caution you by saying:

      "You do not have to say anything, but it may harm your defence if you do not mention when questioned, something that you later rely on in court, anything you do say may be used in evidence."

      This caution must again be repeated at the start of every interview. Any interview conducted without this caution is inadmissible as evidence. On being arrested, you must be informed of the crime you are being accused of and read this caution. The only reason for not doing this is if it is not possible (for example, the suspect is unconscious). If the police do not arrest you, then they can not detain you. They may ask you to remain and, if you refuse, then they may (if they have sufficient grounds) arrest you, but if they don't arrest you then you are free to go.

      After you have been arrested you are in the charge of the police officer and he is responsible for you until he hands you over to the custody sergeant or to some other officer. He may be required in court to account for your whereabouts and wellbeing until the point where he can prove that someone else took charge of you.

      If the situation in the USA is really as different as you describe then perhaps you have greater concerns than the TSA...

      --
      I am TheRaven on Soylent News
  20. Re:Is it now legal to carry large sums of money? by Qzukk · · Score: 4, Informative

    Within the US, yes of course it is. Why wouldn't it be?

    Look up how governments use civil forfeiture, and be enlightened.

    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
  21. did not vote at all? by Anonymous Coward · · Score: 3, Insightful

    The only office you consider voting for, then backed down, was for the federal office of president?

    You did not vote for your federal level house rep or senators, or any state/county/city level offices?

    Some white guy in a wig, now long dead, once said: "We do not have a government of the majority. We have a government of the majority who choose to participate."

    1. Re:did not vote at all? by masterzora · · Score: 2, Interesting

      TBH, if you really want a none-of-the-above vote, don't vote for the candidate you think is most qualified. Vote for the third party candidate you think is most likely to receive the most votes out of any third party, whether you like the candidate (or even the party!) at all. Enough votes means that the third party gets treated as a main party the next time around, which should help people get at least more out of the two-party thinking.

      --
      Remember, open source is free as in speech, not free as in bear.
    2. Re:did not vote at all? by commodore64_love · · Score: 2, Insightful

      >>>If it wins, everybody has to go back to the drawing board and field new candidates.

      Nope. According to the Constitution, the States would then choose the Electors who would select the president, and if no clearcut winner emerges, then the Congress picks the final winner. That's how Thomas Jefferson won in 1800.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  22. Re:Impact on computer searches? by benjamindees · · Score: 2, Insightful

    I've never heard of computers being searched on domestic flights. I'm under the impression that that is Customs that performs those searches. So, yes, they will likely continue.

    --
    "I assumed blithely that there were no elves out there in the darkness"
  23. Everyone who thinks that this changes things... by Hurricane78 · · Score: 2, Insightful

    ...is an idiot.^^

    Because now, suddenly money is an "unsafe material" (could be fake, could be to pay "terrorists", could be a bomb inside, "I'm just asking questions."(TM)*),
    and therefore it is "by definition reasonable".

    Who are those people who think they could stop criminals that don't care for the rules of society (laws), by creating yet another law? Are they drunk?

    On the other hand... who said they actually want to stop them...? ^^
    ___
    * Trademark of FOX News.

    --
    Any sufficiently advanced intelligence is indistinguishable from stupidity.
  24. Re:Constitution suspended then? by Thinboy00 · · Score: 2

    I thought that they can search you because flying on a plane is not a constitutional right, and by flying you agree to be searched (within a different set of rules than the 4th amendment).

    --
    $ make available
  25. Re:In other news... by MightyMartian · · Score: 2, Funny

    I, for one, am quite wealthy. I still live in my mom's basement though....

    Second Life money earned by whoring out your avatar doesn't count.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  26. Re:What if they find drugs? by MightyMartian · · Score: 2, Interesting

    If committing an offense unrelated to the security of the aircraft is caught by TSA employees (ie. smuggling heroine or ancient antiquities or whatever), then why not just call the cops? It strikes me that these guys are getting way too big for the britches, and that they have indeed been permitted to expand far beyond any reasonable mandate.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  27. Re:Is it now legal to carry large sums of money? by Anonymous Coward · · Score: 2, Insightful

    It depends - are you white? If you aren't, kiss that money goodbye unless you can *prove* that it wasn't from selling drugs. After all, it'll be covered in cocaine residue (like any other US currency)...

  28. Re:In other news... by Artifakt · · Score: 2, Insightful

    'Lots of money' as in a few thousands in cash that will trigger a search based on the DEA's rules, and 'lots of money' as in mover and shaker who can easily afford good lawyers if hassled are so very different. Conflating the two does create a strawman, a purely hypothetical entity that you can substitute for real ones to have an easier time arguing your point. The people who travel with too much cash, and the people who make large donations to political campaigns and have their pictures taken with governors and presidents, are two overwhelmingly different groups with almost no overlap. Those of you who insist they belong together as one group, are, quite simply, wrong, and yes, it's a strawman argument to substitute the hypothetical person who has over a thousand in cash as also being the person who has the position and power to fight the TSA, and then claim that's what the original poster meant. Hell, it's practically a textbook example of a strawman attack. The moderations applied to Rookoon are therefore abusive, violations of the mod system, particularly the -1 troll on the above post.

     

    --
    Who is John Cabal?
  29. Re:In other news... by langelgjm · · Score: 2, Insightful

    You're assuming it's hundred dollar bills. In the transcript they say there's a note with the money with the number $4710, and they seem to think there are a lot of bills, so it might be a bunch of 5s, 10s, and 20s - maybe small bills that people donated for the campaign.

    --
    "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
  30. Re:What if they find drugs? by RobVB · · Score: 2, Informative
    FTA:

    The new directives don't affect a situation where a TSA officer, in the performance of a regular screening, comes across evidence of illegal activity, such as a bag of illicit drugs.

    --
    I'd rather you rationally disagree than irrationally agree.
  31. Re:In other news... by Glonoinha · · Score: 2, Interesting

    Read the reports he helped arrange after the fact, and watch the video he recorded on his iPhone. It becomes painfully obvious that he intended to get stopped, intended to get hassled, and ultimately intended for this ruling to come down that the TSA has to stop sliding down the slippery slope of fucking with people they search and stick to the real reason they exist - to prevent airplanes from getting hijacked and flown into buildings full of corporate executives, destroying the financial well being of America.

    For what it's worth, I wasn't a Ron Paul supporter until I saw this (the guy was working on behalf of Ron Paul) - and now I am. And by 'supporter' I mean I know who he is and I'd vote for him if he ran again.

    --
    Glonoinha the MebiByte Slayer