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Obama Wants Computer Privacy Ruling Overturned

schwit1 writes "The Obama administration is seeking to reverse a federal appeals court decision that dramatically narrows the government’s search-and-seizure powers in the digital age. Solicitor General Elena Kagan and Justice Department officials are asking the 9th US Circuit Court of Appeals to reconsider its August ruling that federal prosecutors went too far when seizing 104 professional baseball players’ drug results when they had a warrant for just 10. Meet the new boss, same as the old boss."

35 of 670 comments (clear)

  1. I am shocked! by Anonymous Coward · · Score: 5, Interesting

    That it's taking people this long to realize nothing ever changes.

    1. Re:I am shocked! by MightyMartian · · Score: 5, Insightful

      There are certainly meaningful differences, but at the end of the day the top prosecutors in the United States still want those X-Ray glasses so they can watch the citizens for criminal conduct.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:I am shocked! by Anonymous Coward · · Score: 5, Interesting

      i am pretty sure we are all potential criminals, no such thing as a citizen anymore

    3. Re:I am shocked! by erroneus · · Score: 4, Interesting

      I hate to say it but I was hopeful too. Maybe not enough to vote for him, but I knew my candidate wasn't going to win anyway... still voted for him though.

      Obama is a historical icon, however. He was the first non-white president of the United States of America. And while some might say he is starting out "well enough" I can't say that he is. He has definitely reversed himself on many of his promises and intentions without so much as any sort of explanation on the matter. What he is doing will likely result in a big change in government in the next major election cycle and he may not even be the next Democratic presidential candidate if the Democrats hope to remain significant. I doubt people will be so quick to forget the reasons they moved away from the Republicans the last go around and so I think third parties will really make an emergence in the NEXT election cycle.

    4. Re:I am shocked! by jcr · · Score: 4, Insightful

      That depends on what you call "meaningful". Barack Obama has done precisely squat to reverse Bush's mistakes. He put a different script on the teleprompter, but he still claims that he can violate the right of habeus corpus, commit acts of war against a US ally, send troops into harm's way without a declaration of war, imprison innocent people on the pretext of the unconstitutional "war on drugs"... You get the idea.

      I'll never be disappointed by him, though. It was clear to me long before he was elected that he's basically Mitt Romney with a better speechwriter.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    5. Re:I am shocked! by Shakrai · · Score: 4, Informative

      If they're not POWs, then why would they be tried in a military tribunal?

      Like it or not there's multiple precedents for doing exactly that. Enemy combatants are only accorded POW status if they obey the laws of war. When Al Quada starts fighting in uniforms under a flag and taking steps to prevent civilian casualties (rather then setting out to cause them) then we can start treating them as POWs.

      --
      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:I am shocked! by Opportunist · · Score: 4, Insightful

      Which is pretty much the opposite of what the founders of the country had in mind. They wanted the people to have the x-ray glasses. You know Jefferson's saying about who fears whom and how the difference is that between liberty and tyranny...

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    7. Re:I am shocked! by Toonol · · Score: 4, Insightful

      Does it really matter WHO a slave's master is?

      There are obvious ways in which Bush and Obama differ. But I think the difference is only substantial if you think the reason you're being stripped of your rights is more important than the fact that you are being stripped of your rights.

      In the ways that matter, Obama is no change for the better.

    8. Re:I am shocked! by Opportunist · · Score: 4, Insightful

      I'm not so optimistic. I lost faith in people and especially their interest in politics long ago. An increasing number of people see voting as their "duty", much like some sort of other chore that must be done, so they simply let others decide for them. Or they simply vote the same way they always voted because it was good then and has to be good now.

      Most can't even imagine a third party, let alone vote for it.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    9. Re:I am shocked! by daath93 · · Score: 5, Informative

      Shamelessly stolen from The Council on Foreign Relations

      “Enemy combatant” is a general category that subsumes two sub-categories: lawful and unlawful combatants. See Quirin, 317 U.S. at 37-38. Lawful combatants receive prisoner of war (POW) status and the protections of the Third Geneva Convention. Unlawful combatants do not receive POW status and do not receive the full protections of the Third Geneva Convention. (The treatment accorded to unlawful combatants is discussed below).

      The President has determined that al Qaida members are unlawful combatants because (among other reasons) they are members of a non-state actor terrorist group that does not receive the protections of the Third Geneva Convention. He additionally determined that the Taliban detainees are unlawful combatants because they do not satisfy the criteria for POW status set out in Article 4 of the Third Geneva Convention. Although the President’s determination on this issue is final, courts have concurred with his determination.

      Authority to Detain

      The President has unquestioned authority to detain enemy combatants, including those who are U.S. citizens, during wartime. See, e.g., Quirin, 317 U.S. at 31, 37 (1942); Colepaugh v. Looney, 235 F. 2d 429, 432 (10th Cir. 1956); In re Territo, 156 F. 2d 142, 145 (9th Cir. 1946). The Fourth Circuit recently reaffirmed this proposition. See Hamdi v. Rumsfeld, 296 F.3d 278, 281, 283 (4th Cir. 2002). The authority to detain enemy combatants flows primarily from Article II of the Constitution. In the current conflict, the President’s authority is bolstered by Congress’s Joint Resolution of September 18, 2001, which authorized “the President . . . to use all necessary and appropriate force” against al Qaida and against those nations, organizations, or persons he determines” committed or aided in the September 11 attacks.” Pub. L. No. 107-40, 2(a), 115 Stat. 224 (2001) (emphasis added). This congressional action clearly triggers (if any trigger were necessary) the President’s traditional authority to detain enemy combatants as Commander in Chief.

      Presidents (and their delegates) have detained enemy combatants in every major conflict in the Nation’s history, including recent conflicts such as the Gulf, Vietnam, and Korean wars. During World War II, the United States detained hundreds of thousands of POWs in the United States (some of whom were U.S. citizens) without trial or counsel. Then as now, the purposes of detaining enemy combatants during wartime are, among other things, to gather intelligence and to ensure that detainees do not return to assist the enemy.

      Detainee Rights

      All of the detainees are unlawful combatants and thus do not as a matter of law receive the protections of the Third Geneva Convention. However, the United States armed forces are treating, and will continue to treat, all enemy combatants humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of the Third Geneva Convention of 1949. Among many other things, this means that they receive: three meals a day that meet Muslim dietary laws; medical care; clothing and shoes; shelter; showers; soap and toilet articles; the opportunity to worship; the means to send mail and receive mail, subject to security screening; and the ability to receive packages of food and clothing, also subject to security screening. In addition, the International Committee of the Red Cross has visited and will continue to visit the detainees privately. The detainees will be permitted to raise concerns about their conditions, and we will attempt to address those concerns consistent with security.

      The non-citizen detainees in Guantanamo have no right to habeas corpus relief in U.S. courts. See, e.g., Coalition of Clergy v. Bush, 189 F. Supp. 2d 1036 (C.D. Cal. 2002), affirmed on other grounds, 2002 U.S. App. LEXIS 23705 (9th Cir. Nov. 18, 2002). As noted above, however, we have permitted the ICRC access to the detainees, and we have notified each detainee’s country of origin that the detainee is in DoD control.

    10. Re:I am shocked! by Shakrai · · Score: 4, Insightful

      They also warned us against foreign entanglements but we stopped listening to that particular piece of advice a long time ago. Now we have a standing army and military-industrial complex that sucks up a large portion of our GDP while giving a large percentage of the world ample reason to hate us.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    11. Re:I am shocked! by Anonymous Coward · · Score: 5, Insightful

      Like it or not there's multiple precedents for doing exactly that. Enemy combatants are only accorded POW status if they obey the laws of war.

      The first link is about the execution of the conspirators in the Abraham Lincoln assassination.
      The second link is about German saboteurs from WWII who were executed as spies.

      1. What the fuck does that have to do with enemy combatants?
      2. Those were the first two times military tribunals had ever been convened and they were controversial then.
      Yes, 144 years ago, it was controversial to try non-POWs by the military.

      The lengths people go to justify the Bush definition of "enemy combatants" never fails to surprise me.

      When Al Quada starts fighting in uniforms under a flag and taking steps to prevent civilian casualties (rather then setting out to cause them) then we can start treating them as POWs.

      This was written in 1949
      Read the last paragraph.

      If they aren't POWs (3rd Geneva Convention), then they are civilians (4th Convention).
      International law is crystal clear that there is no intermediate status.
      How hard is it to comprehend that you cannot throw people down a legal black hole and torture them?

  2. Pay closer attention. by MindlessAutomata · · Score: 5, Funny

    Pay attention closer next time. Obama wasn't saying "change", he was saying "chains."

    1. Re:Pay closer attention. by techno-vampire · · Score: 4, Insightful

      More to the point, his slogan was "Change you can believe in," not "Change you're going to like."

      --
      Good, inexpensive web hosting
  3. Fr0st Pist by Anonymous Coward · · Score: 5, Insightful

    Seriously... When will Americans realize that both parties have exactly the same goal: To control and manipulate everything that every citizen possesses or can produce - even thoughts/minds/beliefs - for their own gain alone.

    Screw investing in gold - invest in lead and brass....

  4. You sound like you're surprised by Scutter · · Score: 5, Insightful

    Same as the old boss, indeed. What amazes me is that we're still a two party system and that people continue to think that their vote matters.

    --

    "Tell me doctor, with all of your defenses, are there any provisions for an attack by killer bees?"
    1. Re:You sound like you're surprised by Omestes · · Score: 5, Insightful

      Can't believe you got modded Troll instead of insightful.

      It's because I had something bad to say about The Anointed One.

      See? Got modded down again.

      Perhaps because talking about John Ashcroft is a wee bit off topic?

      Also, the last post was a troll, pure and simple. No one, that I know of at least, thinks Obama is "anointed" or any such crap, and most everyone I know is pretty far left. Actually, the further left you are, the more disappointed with Obama you probably are. Most people probably only voted for Obama because they were sick of the right, and deathly afraid of McCain/Palin, and not because he is some special super-politician who can save us from all our ills.

      In regards to your first post, it perhaps shouldn't be modded as a troll, but perhaps as "woohoo cliche hip cynicism!" Your vote as an individual counts as much as anyone else's, no, it will never actually count beyond your actual worth though. Now if you organized like minded people, and worked to convince others that your opinion was worthy, then that WOULD count more. But just whinging that your vote doesn't count because a majority of voters don't share your opinion and voted otherwise, thats just silly. The problem with America is that everyone's vote counts, and a vast majority of American's are uninformed idiots, or rabidly idealistic and naive. And worse, everyone "knows better" than everyone else, and would like to impose their views on the rest of us "for their own good".

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    2. Re:You sound like you're surprised by aplusjimages · · Score: 5, Insightful

      what upsets me more is that people defend politicians. When did this become okay? It sickens me when people talk politics and then it turns into a "your guy did this" "well he did it because". Fuck that. Never defend a politician. It's gross. And should be against the law. If the guy I voted for won, I would rag on his ass every day and I would call out all the dumb shit he did and totally ignore the good shit he did because it's his job. Let's get politicians scared of citizens.

      --
      Can I bum a sig?
  5. Re:So he's a politician by Anonymous Coward · · Score: 5, Insightful

    A vote for the lesser evil is still a vote for evil.

  6. Okay, that's enough. by adpe · · Score: 4, Interesting

    I liked him when he ran for president. Then he failed closing gitmo, didn't manage to push healthcare through, and I kinda attribted that to "circumstances", like FOX "News". But now he doesn't sign this landmine treaty thingie, he doesn't promise any kind of CO2 reduction goals, he extends the PATRIOT Act and now this. I'm utterly disappointed.

  7. 2 Party by nurb432 · · Score: 4, Insightful

    Some would argue that since we get the same basic results from either party, we really have a one party system and its all smoke and mirrors between the 2.

    --
    ---- Booth was a patriot ----
  8. Asinine example by whoever57 · · Score: 5, Insightful

    The government said the decision was already chilling at least one rape case in Washington State.

    "Federal agents received information from their counterparts in San Diego that two individuals had filmed themselves raping a 4-year-old girl and traded the images via the internet," the government wrote. "The agents did not obtain a warrant to search the suspects' computers, however, because of concerns that any evidence discovered about other potential victims could not be disclosed by the filter team. The agents therefore referred the case to state authorities."

    So, because a warrant won't let them go on a fishing expedition for other crimes, they don't pursue the crimes that they do know about? That's like a kid saying: "If you don't play by my rules, I'll take my ball away".

    --
    The real "Libtards" are the Libertarians!
  9. Re:So he's a politician by vux984 · · Score: 5, Insightful

    The question isn't whether he's everything the advertising billed him as, it's whether he was a better choice than the alternative.

    Not really. The question HERE is whether the article writer has a shred of journalistic integrity at all.

    Seriously, first read the article and then post. I doubt Obama is even slightly involved beyond appointing key person who is involved to a broad role of which 'computer privacy law' is a drop in the bucket. This headline is as absurd as printing 'Obama wants to banish ketchup based on an incident where the secretary of defense complained there was too much ketchup on their McDonalds cheeseburger.

    Second, the dispute here is pretty benign. Federal investigators had a WARRANT to search a PC for evidence of steriod use for a handful of players, and uncovered evidence of some hundred other players using steroids in the same folder and files as the information for the players in question. The dispute is whether they should be allowed to use the additional evidence of the additional crime.

    The court ruled no, citing that the investigators 'actively scrolled the excel spreadsheet past the names of the players in question'. Come on. Even I, a privacy advocate, don't see anything wrong with what the agents did. I don't even think its wrong to admit this as evidence. I'd argue against being able to search inside every document, hack encrypted files, ... but they found evidence of additional instances of the same crime in the same files and folders that their warrant covered.

    Clearly this ruling probably should be overturned. I don't think agents should be given carte blanche to search your entire PC and charge you with unrelated crimes. But there is probably some middle ground where if they are investing the PC for evidence you ripped off the Smiths with ScamX, and they find evidence in the same file you that also ripped off the Jones... that SHOULD be allowed.

    But bottom line, declaring that Obama "wants" anything at all with respect to this case is absurd.

  10. Eh by ShooterNeo · · Score: 4, Insightful

    The problem with trying to apply old precedents to this matter is that digital databases can be so much vaster than any real place being searched. If the cops have a warrant to search the safe in someone's house for something illegal, they aren't allowed to go search the cupboards. Only if the evidence is in plain sight as they go about their business are they allowed to use it.

    This is very relevant. What if the cops bust in to your house looking for marijuana in your safe, based on an anonymous tip, and don't find anything? Maybe they find you've stored chemicals in your kitchen cabinets in violation of federal law for storage, or maybe you've got some prescription med bottles for a person who is no longer living in the house. If the cops are allowed to rifle through everything a private citizen owns, and they get creative, they can almost certainly find SOMETHING to charge you with. Their perspective is "since you were accused, you must be guilty of SOMETHING...let's find what it is because I don't want to go back to the station empty handed"

    Well, now, if suppose you were a credit bureau like Equifax. If the cops had the authority to search your database to get someone's credit record in order to prove illegal activity, they could search the records of every citizen in the united states because those records are in "plain sight" within the database! Bet they could find SOMETHING if they are allowed to basically open an investigation against every citizen of the country.

    And for those arguing "if we're soft on crime, we're letting teh criminals win". The U.S. has already declared and imprisoned more of its citizens for being 'criminals' than any other nation on earth as a % of population. Now, I'm not saying that a large percentage of those people are innocent, just that this extreme level of imprisonment is not an appropriate way for society to deal with those who misbehave. (I think the percentage of innocent people is probably between 3 and 10 percent)

  11. Hope/Change? by jwiegley · · Score: 5, Insightful

    Happy now? This is what you all wanted... For the past decade I've read post after post after post about Bush spending too much or having too tight an iron fist on privacy issues.

    Well, you all voted for change...

    Now you have the highest spending EVER. Now you can see the beginning of security corruption as well. At least Bush had a war to justify his need to breach privacy. Obama has no legitimate reason and yet he's going to do it.

    When are you all going to learn that government is inherently bad; that it is inherently corrupt. And while there are a couple of functions it should provide to maintain civilization, the smaller we keep it the better... for all of us.

    --
    I will never live for sake of another man, nor ask another man to live for mine.
  12. Revolutions change things... by macraig · · Score: 4, Insightful

    ... but only for a while until the money-changers sneak back into the temple. That's why you have to have them periodically, like defragging and virus-scanning your hard drive. We seem to have fallen behind on the schedule... we haven't had a decent game-changing revolution in a while, have we? Now we have a bunch of people muttering "let them eat cake" again. Does anyone still know how to make guillotines? We'll need quite a few this time.

  13. We need more discipline in public office by erroneus · · Score: 4, Insightful

    They all know their jobs and the limits of their office and mission. For various reasons, both good and bad, they seek more power and expansion of current power. I hold that there was great wisdom in the limiting of those powers from the very beginning. That wisdom was established by previous abuses of such overreaching powers of the previous government the founding fathers were living under. They knew where all the government power abuses lead to because they had lived with those abuses until they could tolerate it no longer. This is how the U.S. Revolution began!

    The people in various offices seek to repeat those same abuses by seeking to go beyond the limits that were artfully and successfully crafted by the authors of the U.S. Constitution. They may have good intentions, but the evils that can result from it outweighs the benefit of prosecuting one or two more child rapists. And yes, I said it. Protecting the constitution is FAR more important than protecting children from rapists.

  14. Misleading Story by angelbunny · · Score: 5, Insightful

    The title of the story is, "Obama Wants Computer Privacy Ruling Overturned" except that the story has nothing to do with Obama and calling this the 'Obama Administration' is a bit of a stretch as well.

    It is Elena Kagan, not Obama. Her job is the United States Solicitor General. She is represents the US as a prosecutor for the Supreme Court. Isn't she just doing her job?

    I don't understand how one person doing what they are suppose to be doing means Obama is against our rights. The connection just isn't there for me.

  15. Re:So he's a politician by khallow · · Score: 4, Insightful

    Could anyone here have honestly voted for McCain with Palin on the ticket as well?

    I did. While I'm sure this locks in my nomination for the Slashdotter special needs award, it remains that McCain and Palin, while they talk scary, were more consistent and trustworthy than the Democrat team. Obama had already backtracked on promises ("positions" he calls them) particularly FISA and was throwing out promises that simply didn't make sense (we'll reduce health care costs by increasing costs through adding universal health care), hung around associates that made the Republican team look like a paragon of sanity, and had some Big Plans that would involve gutting the US economy for some sort of nebulous socialist gain.

    Well, all I can say is that Obama and the Democrats in Congress have not disappointed me. We may be in the "death spiral" of US history, but at least we're protected from the perils of incandescent light bulbs.

  16. Misleading headline by Geoffrey.landis · · Score: 4, Insightful

    I suppose, just for completeness, somebody ought to point out that the headline says "Obama" wants the ruling overturned, whereas the actual text states, correctly, that it is Elena Kagan, the solicitor general, who wants the ruling overturned. While it is true that Kagan was appointed by Obama, nevertheless I expect that Obama himself probably has never actually given an opinion on the subject.

    --
    http://www.geoffreylandis.com
    1. Re:Misleading headline by Chaos+Incarnate · · Score: 5, Insightful

      By not contradicting his appointee's position, he's supporting it.

      --
      Benford's Corollary to Clarke's Law: "Any technology distinguishable from magic is insufficiently advanced."
    2. Re:Misleading headline by Shakrai · · Score: 5, Insightful

      He's one guy, and bureaucracy can't keep you up to date on everything.

      Interesting. So in the space of just 50 years we've gone from "The buck stops here" to "I can't possibly be expected to know about EVERYTHING that my appointee's are up to"

      --
      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:Misleading headline by Rich0 · · Score: 4, Insightful

      Well, it isn't like Bush personally performed warrantless searches on drug dealers under the Patriot Act. However, he can still be held accountable for the actions of his administration. The president sets the tone for the administration, and if he really wanted to send a message that stuff like this was not acceptable he could do so.

      The president can't be in all places in all times. However, he governs the largest budget on the entire planet, which means he can hire people to be in places for him. This subordinate was one of those people, and the people he chooses reflect on him...

  17. Re:So he's a politician by dgatwood · · Score: 4, Insightful

    I voted for Obama because of Palin. I figure that with the stresses of Presidency, there would have been an 85% chance of McCain having to be hospitalized while in office for an extended period of time, and a not insignificant chance of him dying from a heart attack, stroke, or other catastrophe. With Obama, the worst case is a small chance of getting shot by a white supremacist or something. So weighing a small chance of Biden as President versus an 85% chance of Palin as President, I made the only choice that didn't feel like Russian roulette.

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  18. Re:The obsession with more government power by Shakrai · · Score: 4, Informative

    Go research the New Deal and how many people the gov't employed in the 30's to ease the depression,

    None of which actually worked. The economy didn't really recover until the US entered WW2, pulling millions of men out of the job market and putting them in uniform. The post-war boom owed more to the fact that the rest of the world laid in ruins while the US infrastructure and economy was virtually untouched.

    --
    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.