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NYTimes Sues US Gov't To Know How It Interprets the PATRIOT Act

hydrofix writes "Techdirt has been following the story of the DoJ's classified interpretation of the PATRIOT Act. Specifically, it's all about Section 215, the so-called 'business-records provision,' which empowers the FBI to get businesses to turn over any records it deems relevant to a security investigation. Senators Ron Ryden and Mark Udall have been pushing the government to reveal how it uses these provisions to deploy 'dragnets' for massive amounts of information on private citizens 'without any connection to terrorism or espionage,' a secret reinterpretation that is 'inconsistent with the public's understanding of these laws.' After NYTimes reporter Charlie Savage had his Freedom of Information request denied, the NYTimes has now sued the government (PDF) to reveal how it interprets the very law under which it's required to operate."

186 comments

  1. Holy Crap by Anonymous Coward · · Score: 0

    I now less-hate NYT! Who knows, I didn't read TFA, so I'm sure there's still some reason I shouldn't...

  2. Wyden not Ryden by theswade · · Score: 5, Informative

    Hey, that's my senator's name you're mangling there! Ron Wyden of Oregon.

    1. Re:Wyden not Ryden by Anonymous Coward · · Score: 1

      Won Wyden of Oregon. Got it. Thanks!

      -ed.

    2. Re:Wyden not Ryden by Anonymous Coward · · Score: 0

      Won Wyden of Oregon. Got it. Thanks!

      -ed.

      No, no, that's still wrong. It's Won Wyden of Owegon.

    3. Re:Wyden not Ryden by interval1066 · · Score: 1, Funny

      Don Dryden of Oregano. Check.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    4. Re:Wyden not Ryden by electron+sponge · · Score: 1

      Ken Dryden, Liberal MP of Ontario, got it. He was strong on defense from what I understand. Kick save, and a beaut.

    5. Re:Wyden not Ryden by Anonymous Coward · · Score: 0

      That's wight! It's Won Ryden of Owegon

      L Mer Phud

    6. Re:Wyden not Ryden by ThatsNotPudding · · Score: 2

      Hey, that's my senator's name you're mangling there! Ron Wyden of Oregon.

      Sowwy.

    7. Re:Wyden not Ryden by game+kid · · Score: 1

      No, they misspelled Ron Raiden. Everyone knows he's part-Jewish and part-Japanese-shoot-'em-up.

      --
      You can hold down the "B" button for continuous firing.
    8. Re:Wyden not Ryden by jamiesan · · Score: 1

      Wewease Won Wyden of Owegon!

  3. Law should be like code. Not up for interpretation by trout007 · · Score: 0

    Oh wait that would be if we actually lived in a republic. Never mind.

    --
    I love Jesus, except for his foreign policy.
  4. How it works by ackthpt · · Score: 2

    We'll take all your records then tell you if you've done something wrong*.

    * After we've raided your offices and taken all your fun little computers out in boxes.

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:How it works by Anonymous Coward · · Score: 1

      Yes We Can! Change you can believe in!

    2. Re:How it works by Shotgun · · Score: 1

      That, and all the wood you had legally shipped in from India.

      --
      Aah, change is good. -- Rafiki
      Yeah, but it ain't easy. -- Simba
  5. Due process by Smallpond · · Score: 2

    Doesn't the 5th amendment to the constitution require laws to be clear and fair?

    1. Re:Due process by Anonymous Coward · · Score: 4, Informative

      Our government doesn't give even half of a flying fuck about what the Constitution says any more.

    2. Re:Due process by Nittle · · Score: 1

      No.
      "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation"

      http://www.gpoaccess.gov/constitution/pdf/con016.pdf

    3. Re:Due process by bigtrike · · Score: 1

      Those rights only apply when there aren't big scary terrorists killing a tiny fraction of a percentage of our population.

    4. Re:Due process by Anonymous Coward · · Score: 1

      Law student here, so take this with a grain of salt. The due process clause essentially purposes to prevent unfair service of process against people. For example, certain methods of process (i.e. serving someone), like mailing them a letter, may not be valid in certain circumstances. Due process takes into account primarily fairness in the service of process and whether the process is reasonably calculated to provide notice to the party being served.

    5. Re:Due process by Anonymous Coward · · Score: 0

      It does not. The 5th Amendment ensures that the law is carried out (and not circumvented) when the government seeks to deprive you of life, liberty, or property. The government is managing this by simply deciding (in various convenient ways) what it means to carry out the law.

      IANASOCL (I am not a scholar of Constitutional law)

    6. Re:Due process by icebike · · Score: 2

      Salt grain, exhausted. Please send dump truck full of salt.

      --
      Sig Battery depleted. Reverting to safe mode.
    7. Re:Due process by Anonymous+Brave+Guy · · Score: 1

      Just out of interest, do you think the average legally-untrained US citizen would be able to understand what you just wrote?

      --
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    8. Re:Due process by trout007 · · Score: 1

      Just remember in law school they only teach you the government view of the law.

      --
      I love Jesus, except for his foreign policy.
    9. Re:Due process by AK+Marc · · Score: 1

      He said "due process" applies only to "process servers." He's wrong, and if you don't know what a process server is, google it.

    10. Re:Due process by nomadic · · Score: 1

      You're a 1L taking civ pro, right? Due process extends waaay beyond service of process. You'll deal with it more when you take criminal procedure.

    11. Re:Due process by anagama · · Score: 1
      Service of process is only one aspect of getting a fair trial and perhaps you are being tripped up by the word "process" meaning two things in different circumstances (the actual paperwork you get served with, and the actual mechanism of trial).

      Here's what Cornell Law School's website has to say about due process:

      THE PROMISE OF LEGALITY AND FAIR PROCEDURE

      While the text of the due process clause is extremely general, the fact that it appears twice makes clear that it states a central proposition. Historically, the clause reflects the Magna Carta of Great Britain, King John's thirteenth century promise to his noblemen that he would act only in accordance with law (âoelegalityâ) and that all would receive the ordinary processes (procedures) of law. It also echoes that country's Seventeenth Century struggles for political and legal regularity, and the American colonies' strong insistence during the pre-Revolutionary period on observance of regular legal order. The requirement that government function in accordance with law is, in itself, ample basis for understanding the stress given these words. A commitment to legality is at the heart of all advanced legal systems, and the Due Process Clause often thought to embody that commitment.

      The clause also promises that before depriving a citizen of life, liberty or property, government must follow fair procedures. Thus, it is not always enough for the government just to act in accordance with whatever law there may happen to be. Citizens may also be entitled to have the government observe or offer fair procedures, whether or not those procedures have been provided for in the law on the basis of which it is acting. Action denying the process that is âoedueâ would be unconstitutional. Suppose, for example, state law gives students a right to a public education, but doesn't say anything about discipline. Before the state could take that right away from a student, by expelling her for misbehavior, it would have to provide fair procedures, i.e. âoedue process.â

      If you really are a law student, read it all before finals: http://www.law.cornell.edu/wex/due_process

      --
      What changed under Obama? Nothing Good
    12. Re:Due process by gary_7vn · · Score: 1

      Sorry, but those days are over. The President can order you, or any American, or anyone at all, killed. There will be no trial, there will be no charges, the process, from beginning to end, is secret. If your government can kill you, they can do anything. And if that is the case, and it is, what hope do you have that the laws they draft will be "clear and fair"? The America you seem to think you live in, no longer exists, if it ever did.

    13. Re:Due process by electron+sponge · · Score: 1

      Congratulations on finishing a year of law school. When you finally make it into the real world you'll find that service of process is something that still gets argued over quite often, and the plaintiffs often win. Of course YMMV but in New York, this great state founded upon litigiousness, we have rules good sir. Shadow corporations (which are the common defense against service) don't really fly. I suppose that's why our industry has evacuated to the Confederate States of America.

    14. Re:Due process by Pseudonym+Authority · · Score: 1

      IANASOCL

      That's fine, Obama is. We can trust him.

    15. Re:Due process by Sloppy · · Score: 1

      The 22nd catch to the constitution says they don't.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    16. Re:Due process by Anonymous Coward · · Score: 0

      BS - the government has no control over what is taught in law schools.

    17. Re:Due process by Smallpond · · Score: 1

      Law student here, so take this with a grain of salt. The due process clause essentially purposes to prevent unfair service of process against people. For example, certain methods of process (i.e. serving someone), like mailing them a letter, may not be valid in certain circumstances. Due process takes into account primarily fairness in the service of process and whether the process is reasonably calculated to provide notice to the party being served.

      So you must think that its ok for the government to kill Americans without trial, since "due process" only applies to process servers. Wonder why it says "deprived of life" in there? Is there much loss of life in the process server business you think?

      Constitutional Law - you fail it.

    18. Re:Due process by camionbleu · · Score: 2

      Doesn't the 5th amendment to the constitution require laws to be clear and fair?

      Indirectly, this is true. The 5th amendment to the US constitution guarantees the right to due process of law. And there is plenty of case law from the US Supreme Court making it clear that due process requires laws to be interpreted according to the language they contain. For example, "In deciding a question of statutory construction, we begin of course with the language of the statute." [Demarest v. Manspeaker, 1991].

      The problem is when there is disagreement about what that language means. But that's for the courts to adjudicate, not the executive. So it's very good that this case is being brought. Kudos to Senators Wyden and Udall, who have been trying to raise awareness of this abuse of power for several months.

    19. Re:Due process by tehcyder · · Score: 0

      Our government doesn't give even half of a flying fuck about what the Constitution says any more.

      Possibly because there have been a few minor changes in the world since your Constitution was written? Like, for instance, women getting votes, slavery being abolished, and no one but retards believing in God any more.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    20. Re:Due process by kilfarsnar · · Score: 1

      Possibly because there have been a few minor changes in the world since your Constitution was written? Like, for instance, women getting votes, slavery being abolished, and no one but retards believing in God any more.

      And what does any of that have to do with ignoring the Constitution? Women voting, freedom of religion and the abolition of slavery are in the Constitution.

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    21. Re:Due process by kilfarsnar · · Score: 1

      Just out of interest, do you think the average legally-untrained US citizen would be able to understand what you just wrote?

      I don't think so. But that's by design. Catholic Mass used to be conducted in Latin for a reason, and it wasn't just tradition.

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
  6. the secret lawsuits by Anonymous Coward · · Score: 0

    The American legal system is so interesting to an outsider ... companies can sue you for patent infringement without telling you what patent was violated
    The government can sue you based on a "secret" interpretation of the law..... if the law is secret how do I know if I have broken it? Doesn't ignorance of the law become a valid defense ?

    1. Re:the secret lawsuits by rrossman2 · · Score: 1

      whats even more crazy is some jurisdictions won't just send you a copy of the laws, but require payment "for the time and costs of producing them"... so how someone would knows the laws so they could avoid violating them if they didn't have the money to pay is beyond me.. and is wrong on so many levels

    2. Re:the secret lawsuits by JBMcB · · Score: 2

      The American legal system is so interesting to an outsider ... companies can sue you for patent infringement without telling you what patent was violated

      Not entirely true. They can serve you notice of litigation without spelling out what patent you violated, but once it gets to trial they must say exactly what parts of which patent you violated.

      The government can sue you based on a "secret" interpretation of the law..... if the law is secret how do I know if I have broken it? Doesn't ignorance of the law become a valid defense ?

      The laws themselves are still public knowledge. It's the governments interpretation of them that's secret. Which I think is completely bogus, but hey, a constitutional scholar is currently sitting in the white house - he must think it's kosher, right?

      --
      My Other Computer Is A Data General Nova III.
    3. Re:the secret lawsuits by AK+Marc · · Score: 1

      Note, many laws are now privately written. Electrical and building codes are closely held by private organizations, but laws are passed saying "must be up to current NECA standards" without directly citing the standards. You must pay a private company profit to be able to read the laws that apply to you. IRS laws are passed faster than they could be reasonably read by a regular person. As such, knowing the law is impossible. Additionally, not knowing the law is not a defense. The system is broken.

    4. Re:the secret lawsuits by UnoriginalBoringNick · · Score: 1

      Any lawyer can tell you how to follow the spirit of the law. It takes a true scholar to use the letter of the law to subvert the spirit of the law.

    5. Re:the secret lawsuits by tehcyder · · Score: 1

      IRS laws are passed faster than they could be reasonably read by a regular person. As such, knowing the law is impossible.

      If rich corporations and individuals didn't spend so much time and money on tax avoidance measures, the tax laws could be dramatically reduced in complexity.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    6. Re:the secret lawsuits by CrimsonAvenger · · Score: 1

      If rich corporations and individuals didn't spend so much time and money on tax avoidance measures, the tax laws could be dramatically reduced in complexity.

      If the tax laws were dramatically reduced in complexity, rich corporations and individuals would be UNABLE to spend time and money on tax avoidance.

      Face it, no loopholes means no avoidance. "You earned $50 million this year - send us $10 million" is pretty hard to argue with.

      On the other hand, seven million pages of laws including 14 million exceptions to "you earned" and/or "send us" leaves a lot of room for paying tax lawyers lots to save lots.

      While a flat tax is an impossible ideal, simplifying the tax codes to the point where the average American could read the entire tax code of the USA in a weekend would eliminate virtually the entire "tax avoidance" issue, as well we put a lot of creative tax lawyers/accountants out of business.

      And end up saving everyone money, while giving the government more to play with - after all, they'd not need so many IRS people to handle a 50-page tax code as they do to investigate the people who snake around in the seven million page tax code....

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
  7. Anyone who watched the hearings... by Anonymous Coward · · Score: 0

    ...already knew that there were secret portions that included this warrantless wiretapping of basically all American telecom.

  8. Quick, mod this down! by Anonymous Coward · · Score: 0

    Simultaneously, the NYT is also reporting this.

    The part that involves a naturalized citizen makes it on topic, malcontents.

    1. Re:Quick, mod this down! by Smallpond · · Score: 1

      As soon as I read this bizarre plot I looked for the word "informant" and there it was:

      The case began in May, when a Drug Enforcement Administration informant with ties to high-level leaders of Los Zetas told agents of a bizarre conversation

      This looks like another entrapment case so the anti-terrorism squad can justify their existence. I find it really hard to imagine Iran getting involved with a used-car salesman to assassinate a diplomat.

  9. What? by elsurexiste · · Score: 1

    Are you telling me US legislators don't have a clue of how the laws they passed are being interpreted?

    --
    I rarely respond to comments. Also, don't ask for clarifications: a brain and Google are faster, believe me!
    1. Re:What? by Anonymous Coward · · Score: 2, Informative

      They'd have to read them first, so of course not.

    2. Re:What? by Anonymous Coward · · Score: 0

      No, they have an understanding of the law as it was discussed when they passed it years ago. The executive branch gets to interpret the laws any way they see fit. That usually means the broadest possible interpretation of those laws.

    3. Re:What? by the_fat_kid · · Score: 1

      I'm telling you that most US senators probably don't have a clue about much simpler things than the laws they make.

      --
      -- Sig under construction...
    4. Re:What? by trout007 · · Score: 2

      As Nancy Pelosi said we have to pass the law to find out what is in the law. I guess the new line should be you have to be charged with being a terrorist before you can find out how it is defined.

      --
      I love Jesus, except for his foreign policy.
    5. Re:What? by Archangel+Michael · · Score: 2

      Harry Reid once quipped that the US doesn't have GPS like the rest of the world. He's the guy running the Senate right now.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    6. Re:What? by FlopEJoe · · Score: 1

      Thanks to the Patriot Act, anything said in the mock trial is legally binding

  10. Wyden, not "Ryden" by barkingcorndog · · Score: 1

    I believe Ron Wyden deserves more credit than this fictional "Ryden" character.

    --
    "I know together we'll make the possible totally impossible" - Homme
  11. Re:Law should be like code. Not up for interpretat by xstonedogx · · Score: 5, Insightful

    That will never happen, but I think we can make it less open to, shall we say, loose interpretation.

    Make the spirit of the law explicit. The first part of the law should state "This is the problem we are trying to resolve."

    Then let judges determine whether or not the executive (or a plaintiff) is using that law for that particular purpose. If they're trying to use it for another purpose, let them go to Congress to get a new law passed.

  12. Re:Law should be like code. Not up for interpretat by Hentes · · Score: 1

    An interpretation is applying a logical system to specific real-world scenarios. It does not necessarily against a law, it might be just nontrivial to deduce. You can think of laws as axioms and interpretations as theorems. Although the analogy is bad as legal systems are not logical systems.

  13. What blog can do this? by slimjim8094 · · Score: 4, Insightful

    Unfortunately, sometimes you need a real entity with some clout in order to bring this kind of information to light. It shouldn't be the case, but it is. And I just can't see a blog having the resources to do something like this, or discovering the wiretaps a few years back, or uncovering Watergate.

    Most of the time, news is nothing special... stuff happens and it gets written about - but sometimes it takes significant resources, and I just don't see any news blogs being able to muster up that kind of force. Which is why you won't be finding me cheering the death of newspapers.

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    1. Re:What blog can do this? by TubeSteak · · Score: 1

      Most of the time, news is nothing special... stuff happens and it gets written about - but sometimes it takes significant resources, and I just don't see any news blogs being able to muster up that kind of force. Which is why you won't be finding me cheering the death of newspapers.

      This has nothing to do with "significant resources" and everything to do with significant access.

      Newspaper Journalists do not have some magical ability to dig out information.
      Their main superpower is the ability to protect the identity of their sources. That's it.
      Everything else they do is about cultivating access to people with secrets.

      As an example: Wikileaks doesn't have significant resources, all they have is a large public presence and a promise of anonymity.
      People come to them

      --
      [Fuck Beta]
      o0t!
    2. Re:What blog can do this? by sootman · · Score: 1

      You beat me to it. There are some VERY HARD PROBLEMS that need solving in the news business: the cost of copying someone else's content and distributing it to the world is effectively zero; there is always "somewhere else" to get the news, probably for free; lots of people don't care about non-celebrity-related news; and the entire print publishing industry has not done very well coping with the digital world. Plus there are big problems with the media as we know it today (as evidenced in the annual "top ten stories the mainstream media didn't cover this year" that you can read in any "independent weekly" (are about as independent as Clear Channel stations anymore)) but even with that, stories like this one are EXACTLY why I hope newspapers don't die.

      Not so much the physical "news on paper" part, but the trained, experienced staff who actually knows how to research things, with the resources and knowledge to do things like file lawsuits against the federal fucking government. It's like investing in academic research. Even if I never read a single newspaper or watch a single news broadcast, I would happily pay every year just to keep organizations like the NYT running, warts and all.

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    3. Re:What blog can do this? by Anonymous Coward · · Score: 0

      Unfortunately, sometimes you need a real entity with some clout in order to bring this kind of information to light. It shouldn't be the case, but it is. And I just can't see a blog having the resources to do something like this, or discovering the wiretaps a few years back, or uncovering Watergate.

      Wasn't Watergate basically an insider selecting a journalist and dumping a pile of documents on them? (Not American)

      In any case, I don't believe traditional news media (the "newspaper", perhaps in some new shape) is going to die out completely, what we are seeing at the moment is shrinking of the market, there are too many players of too low quality who are being squeezed out. In the end, some players will still be left standing but the bulk of local, small scale and vanity news will come from smaller sources.

    4. Re:What blog can do this? by slimjim8094 · · Score: 1

      Agreed on the 'shrinking' bit. There are *two* shitty papers in my 2-square-mile 7k-person hometown. They are being replaced by a hyper-local blog (which itself is big news... it was sorta the first), and that's not a bad thing. But NYT, WaPo etc aren't going anywhere, probably. And they're the ones that can break these kinds of stories, so it's probably not the end of the world just yet.

      As for Watergate... yes, that's true in the broadest sense, but Woodward and Bernstein did a huge amount of research. Deep Throat essentially said "there's more to see here" and "it goes all the way up"... important tips, but not enough to get a president out of office.

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    5. Re:What blog can do this? by Anonymous Coward · · Score: 0

      Headline of the story: It's the New York Times doing the suing.

    6. Re:What blog can do this? by Anonymous Coward · · Score: 0

      This has nothing to do with "significant resources" and everything to do with significant access.

      Newspaper Journalists do not have some magical ability to dig out information.

      They may not have a special ability to dig out information, but they do have resources necessary to file suit against the federal government, and follow it through. As a general rule, I do not see blogs being able to do this, nor being able to raise enough of a stink so that the entity hiding this information perhaps feels some pressure.

  14. Re:Law should be like code. Not up for interpretat by Anonymous Coward · · Score: 2, Insightful

    It's easy to say things like this without any thought for the implications of what you propose. The fact is, there will always be at least ONE interpretation, and it will be this interpretation that will be followed. Even if you call it "black letter with no room for interpretation," it's still just one interpretation.

    The same thing applies to code. There is no such thing as something independent of interpretation.

  15. what I find most illumunating by v1 · · Score: 5, Insightful

    is that we have to sue our own government in an attempt to force them to tell us about the laws they are enforcing against us. That alone indicates a huge problem with the system, regardless of the nature of the laws themselves.

    If I could vote in one constitutional amendment right now, it would be "No Secret Laws". That alone would fix a great deal of evil by shining some light into the many dark corners of our government.

    --
    I work for the Department of Redundancy Department.
    1. Re:what I find most illumunating by flaming+error · · Score: 4, Insightful

      Secret "laws" don't even make any damn sense. A law is an instruction they want you to follow.

      If they don't tell the NYT what the rule is, it's not a law at all. It's just standard run-of-the-mill selective enforcement of the rulers' whims. A tyranny.

    2. Re:what I find most illumunating by AK+Marc · · Score: 2

      Secret laws work because they want you to do things they *can't* require you to do, so they pass a law that says nothing and hide it, hinting that you'll get in trouble for some unrelated things. What are you going to do, break the "law" or follow it voluntarily, even if the law, if it were what they said it was, wouldn't be enforcable. But you can't challenge it, as it's not even there.

    3. Re:what I find most illumunating by Hatta · · Score: 3, Interesting

      If I could vote in one constitutional amendment right now, it would be "No Secret Laws".

      Then the courts would just declare a national security exemption. What's actually in the constitution doesn't matter, as long as the courts are willing to disregard it.

      --
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    4. Re:what I find most illumunating by Z8 · · Score: 2

      is that we have to sue our own government in an attempt to force them to tell us about the laws they are enforcing against us. That alone indicates a huge problem with the system, regardless of the nature of the laws themselves.

      Totally agree, but that may be just how messed up our system is. I think it's an example of why at least some of the money that traditionally went to newspapers was helpful. If the NY Times didn't do this I doubt there'd be a long line of bloggers and community news aggregators with the money and ability to sue the government for this information.

      People just dismiss the problem and say "the press needs to adapt or die". I hope they don't just die and take with them a vital source of pressure on the government.

    5. Re:what I find most illumunating by Anonymous Coward · · Score: 0

      This is the most transparent administration in history (cough cough)!!!!

    6. Re:what I find most illumunating by GoodNewsJimDotCom · · Score: 3, Insightful

      Ignorance of the law is no excuse for breaking it. We will not even tell you what crime you are committing. Maybe you didn't break any law, but now you're resisting arrest by verbally arguing with an officer.

    7. Re:what I find most illumunating by Phat_Tony · · Score: 3, Insightful

      There is an important, yet meaningless, distinction between what you're saying and what they're doing.

      They aren't hiding the law. They're hiding their interpretation of the law. Anybody can look up the law and read it. The government just decided they think the law means something different than anybody else thinks it means, and they won't tell you what.

      You and I know that, empirically, hiding how the law will be enforced is the same thing as hiding the text of the law itself. Either way, the public can not determine what actions are illegal. The difference is that while hiding the law itself is clearly wrong in a very objective, supreme-court overturnable sort of way, classifying the government's interpretation of the law is doubleplusgood.

      In fact, if this does make it to the Supreme Court, the DoJ can just say that they have an alternate, classified interpretation of The Constitution, that the Supreme Court can not know about this interpretation due to it being classified, and that this interpretation makes it legal for the government to radically reinterpret laws and classifying those reinterpretations.

      Catch 22, SCOTUS, what do you do now? Before you answer, remember that you're not the branch with a Commander In Chief.

      --
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    8. Re:what I find most illumunating by Mattsson · · Score: 2

      But if I, as a foreigner who's not really up to speed on the law or the legal system in the USA, has got this right, this particular law is not secret as such...
      As I understand it, this is a law that mainly regulate how the government is allowed to act against the USA citizens.
      The problem is that the USA government doesn't let the USA citizens know what it is or isn't allowed to do, so the citizens have no way of knowing if their government is breaking the law or not.
      If the NY Times loose this lawsuit, it is even upheld in court that it is illegal for a USA citizen to know what its government is allowed to do.

      Really strange situation.

      It really ought to be illegal for any government to keep any secrets from it's citizens.
      I mean, the government work for the citizens, not the other way around.

      --
      /.Mattsson - My native language is not English, so please don't whine over linguistic errors. (That's lame anyway...)
    9. Re:what I find most illumunating by tehcyder · · Score: 1

      It really ought to be illegal for any government to keep any secrets from it's citizens.

      How about when the Allied Forces were planning D-Day in 1944? Should they have released the timetable of the invasion?

      Rightly or wrongly, the US and other Western governments consider themselves to be involved in a War on Terror(ism) and in war time you often have to over-rule certain democratic freedoms.

      Just saying.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    10. Re:what I find most illumunating by V!NCENT · · Score: 1

      Wasn't that exactly what Hitler did to Germany? Whoopsy...

      The secret operations that a government conducts is realy just that, but when a citizen doesn't have the right to know what he/she must/musn't do... Then guess what? The US government is at war with its own citizens.

      If the USA was my country, I'd hustle so people on Facebook and go to the streets with an axe. Oh wait... That's 'terrorism'.

      Get it?

      --
      Here be signatures
    11. Re:what I find most illumunating by he-sk · · Score: 1

      Catch 22, SCOTUS, what do you do now? Before you answer, remember that you're not the branch with a Commander In Chief.

      The Supreme Court has asserted its authority over the President and Congress for over 200 years without the need of armed enforcement. If there's a conflict between two branches of government it is up to the people (who are the found of all power) to resolve it.

      --
      Free Manning, jail Obama.
    12. Re:what I find most illumunating by CrimsonAvenger · · Score: 1

      The Supreme Court has asserted its authority over the President and Congress for over 200 years without the need of armed enforcement.

      Might want to read a bit more history. Specifically, the parts about Andrew Jackson's Presidency and interaction with the Supremes.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    13. Re:what I find most illumunating by kilfarsnar · · Score: 1

      How about when the Allied Forces were planning D-Day in 1944? Should they have released the timetable of the invasion? Rightly or wrongly, the US and other Western governments consider themselves to be involved in a War on Terror(ism) and in war time you often have to over-rule certain democratic freedoms. Just saying.

      Seriously, this crap again? No one has ever suggested that battlefield movements be immediately published in the New York Times. It is a straw man argument that completely sidesteps the very real issue of the government doing lord-knows-what and hiding behind some completely unsubstantiated National Security claim. And as far as the War on Terror(ism) goes, it is not "rightly or wrongly"; it's wrongly.

      Unfortunately, my sig gets more spot-on every damn day...

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    14. Re:what I find most illumunating by someSnarkyBastard · · Score: 1

      I mean, the government work for the citizens, not the other way around.

      You're new here aren't you?

    15. Re:what I find most illumunating by Anonymous Coward · · Score: 0

      The thing is, just because the government has its own interpretation of the law, that doesn't mean their interpretation will hold up in court if they try and use it against you. That isn't to say you shouldn't worry about it though.

  16. Re:Law should be like code. Not up for interpretat by msauve · · Score: 4, Insightful

    The first part of the law should state "This is the problem we are trying to resolve."

    Then let judges determine whether or not the executive (or a plaintiff) is using that law for that particular purpose.

    Yea, that will work.

    Like the way many federal laws start with "...interstate commerce..." (one of the few federal powers, so it's the justification for many federal laws), and then go on to legislate on things which aren't interstate commerce, and the courts play along. Wickard v. Filburn, as a single egregious example.

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
  17. and people still vote for Democrats or Republicans by Shivetya · · Score: 1

    a never ending trail of privacy and rights disasters yet people are played deftly by the parties so that a perpetual state of power is maintained.

    To think that even Congressmen have to jump through hoops to find out how the system works speaks loudly that the system is horribly broke. When you have a system run by lawyers looking for every little hole instead of looking for the truth or the spirit of the law you end up with lawlessness incarnate.

    The best solution is to vote out the current administration and if the next does it then to vote them out in hopes someone will get the message. Even better would be to get people out from under both parties but that will require work from the state side of politics. That means finding a way to make redistricting less prone to political power plays guaranteeing elected officials stay in power.

    Its means voting against incumbents in your favorite party just to get the bums out when they support abuses like this. If you cannot stomach the other side just to prove a point you have no point. Politicians do what they do because they know that they can play on hatred to stay in. We must get out those who support the Patriot act regardless of party and regardless of terms in office.

    Even the OWS is being actively co-opted so that unless it serves a purpose it will get buried in the press again. Just like the tea party before it, as long as it aligns with a party it will be OK but if it strives to maintain its Independence it will be vilified in the papers with various hit pieces and the like.

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
  18. Yes it does by pavon · · Score: 4, Informative

    No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation

    I highlighted the important part. The heart of the concept of "due process of law" is that no one will be punished until they have been declared guilty of breaking a law in a fair trial. If the meaning of a law is so vague that neither judge nor jury can reasonably ascertain who is guilty of the law and who is not, then the only fair ruling it to acquit everyone accused of it. If the Supreme Court decides that a law cannot be reasonably interpreted, then no other court in the land should attempt to do so. In this case the law is void due to being unconstitutionally vague.

    1. Re:Yes it does by hydrofix · · Score: 1

      Also, even if the "Rule of Law" – the principle that all exercise of public powers must be based on Legislation – is not explicitly stated in the US Constitution (apart from Criminal Law as you quoted), the very meaning of a "Law" the drafters of the Constitution had in mind, was that a Law is a public document. If the government can reinterpret any law, and withhold this interpretation from the public, the whole purpose of any legislation becomes redundant, and the Congress is effectively stripped of its legislative powers as established in the Article I, Section I of the Constitution:

      All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

    2. Re:Yes it does by dryeo · · Score: 1

      No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation

      I highlighted the important part. The heart of the concept of "due process of law" is that no one will be punished until they have been declared guilty of breaking a law in a fair trial. If the meaning of a law is so vague that neither judge nor jury can reasonably ascertain who is guilty of the law and who is not, then the only fair ruling it to acquit everyone accused of it. If the Supreme Court decides that a law cannot be reasonably interpreted, then no other court in the land should attempt to do so. In this case the law is void due to being unconstitutionally vague.

      I'll highlight another important part. Americans are scary in interpreting person as citizen. There's the guy with the sig about impeaching Obama for ordering the murder of a citizen. Ordering the murder of anyone is as wrong.
      It can be argued it wasn't murder as it is war time. Myself it seems as much as a war as the War on Drugs or the War on Poverty.
      Anyways the point is that everyone deserves and has the right to due process, not just the good guys (in their mind anyways).

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    3. Re:Yes it does by CrimsonAvenger · · Score: 1

      It can be argued it wasn't murder as it is war time.

      Wrong guess,minus five.

      No declaration of war, so no war.

      The Constitution and the laws of the USA give the government a certain amount of latitude during time of declared war. Alas, that latitude doesn't apply just because we're fighting someone - it has to have the declaration of war to go with it.

      And no, we don't have one with Yemen, Iraq, Afghanistan, or Al-Qaeda in general.

      In any case, whatsisname was a US citizen, and absent him actually shooting at our guys at the moment, isn't considered fair game for an assassination. A trial (in absentia, even) for treason, followed by assassination, maybe. A drone-strike out of the blue, no.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    4. Re:Yes it does by GodInHell · · Score: 1

      All of which is nice, and totally irrelevant to the meaning of the word "law" here. This isn't a criminal statute, its an enabling statute that gives the federal goverment and law enforcement the positive power to go out and collect some information. We actually know what the law *is* we just don't know how the DoJ has interpreted the law. They keep using the "war on terror" card to scare the courts out of examining too closely means and methods used by the NSA / CIA / FBI / Homeland in collecting data for "terror" cases.

      We know that something is wrong because two of the senators given oversight over intelligence actions have raised a red flag that the gov't (Bush and Obama administrations) is doing something beyond what /those senators/ think the law allows. Its likely that once this information comes out it will be both (a) revolting to everyone from dyed in the red commies to facist pukes . . . but also (b) close enough to what congress stupidly allowed after 9/11 that nothing criminal has actually occurred.

      This is a reminder -- running in fear into the arms of expansive police powers was always stupid. It was stupid in 1776, it's stupid today.

      -GiH

    5. Re:Yes it does by Coren22 · · Score: 1
      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  19. Re:Law should be like code. Not up for interpretat by anubi · · Score: 4, Insightful

    Exactly.

    We have so many "weasel words" in the language of law that interpretation is up to the judge and jury. Its not like engineering at all. Its more like the language of statistics.

    Every time I try to read a business contract, its like reading some newbies code where its full of undefined variables.

    Drives me nuts.

    --
    "Prove all things; hold fast that which is good." [KJV: I Thessalonians 5:21]

  20. Re:Law should be like code. Not up for interpretat by Empiric · · Score: 3, Insightful

    I think it's even worse than that. A "secret interpretation" doesn't even give us the basis for general expectations based on having an objective, available reference of the -same- code. This is more like having an entirely new spec with no necessary correspondence to the code available as the only means to characterize or evaluate it. Yet, it suggests the veneer of being like the objective reference by mere association with it.

    It is, and it is not, this or any particular other thing at the sole discretion of those with access to the "secret" information that actually defines it. It seems like the very definition of institutionalized deception, that doesn't even acknowledge itself as such.

    Like it's said... Mystery, mother of the abominations of the Earth...

    --
    ~ Whence do you come, slayer of men, or where are you going, conqueror of space?
  21. Re:Law should be like code. Not up for interpretat by Anonymous Coward · · Score: 0

    The same thing applies to code. There is no such thing as something independent of interpretation.

    2 + 2 = 4 is just like... your opinion man.

  22. Because we are all distractable sheep. by Anonymous Coward · · Score: 0

    Are you telling me US legislators don't have a clue of how the laws they passed are being interpreted?

    How can they?

    For one things , these bills are these gigantic tomes that would take a month to read and understand.

    Secondly, even if the legislators actually read the bill and understood them, if they didn't vote for the law, you'd have a bunch people saying "[said politician] is soft on terror! He want's the terrorists to win!" etc .. etc.. etc ...

    And can the legislator actually explain himself? Nope. Because explanations take time, thought and reasoning with the populace - and they won't take the time. People want opinions and reasons to fit on the bottom of their TV screens or smartphone.

    Then there's the lobbying by law enforcement and the spy agencies. They sold the PATRIOT Act as a means to fight terrorism and when anyone brought up slippery slopes and moral hazards, the FBI among others pooed pooed the idea and said that there were checks and balances and it couldn't happen.

    They lied.

    And when the PATRIOT Act, which was passed to fight terrorism and protect the safety *snicker* of US citizens is now used to track copyright infringers - like some putz copying a movie endangers our lives. I now have this horrible taste in my mouth and the thought that our Government isn't out to protect us but the interests of large corporations which for all intents and purposes are the proxies of the powerful moneyed elite.

    We are not free. We vote and vote and nothing changes. Why is that? Maybe because the populace is voting for sham issues that are spoon fed us via the media while the ruling class sneaks away with gold.

  23. Re:and people still vote for Democrats or Republic by currently_awake · · Score: 1

    Or YOU could start an alternative party (or take over an existing one), build it up to national level then take over and fix the problems. We like to make excuses for all the bad horrible things the government does but the truth is most people just don't care.

  24. Re:Law should be like code. Not up for interpretat by geekoid · · Score: 2

    What a simpleton you are. You can't make it 'not open for interpretation' Not possible. You would need to know future event, and everyone would need to violate it under the exact same circumstance.

    Think, think bigger.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  25. Re:and people still vote for Democrats or Republic by the_fat_kid · · Score: 1

    and if we use your method we can be out of this mess in just 12 or more years.
    I don't even like to wait 1/2 an hour for my pizza. Should I call another store?

    --
    -- Sig under construction...
  26. try looking up ACTA sometimes... by Lead+Butthead · · Score: 5, Insightful

    oh, you can't. sorry about that...

    --
    ELOI, ELOI, LAMA SABACHTHANI!?
  27. gov't response by slick7 · · Score: 2

    We don't have to tell you. The PATRIOT act is our shield.
    The Constitution is MY "patriot" act, obey it!

    --
    The mind conceives, the body achieves, the spirit manifests.
    1. Re:gov't response by Anonymous Coward · · Score: 0

      Then they just throw you into gitmo and tell you "Where's your constitution now? Bitch"

    2. Re:gov't response by Anonymous Coward · · Score: 0

      No.

  28. you know, most of them don't even bother to read by Lead+Butthead · · Score: 1

    Most of the congress critters don't even read the bill that's being put up for a vote, assuming they bother to show up for the vote.

    To be fair, most of the bills being put up for a vote are unnecessarily wordy and obscure, with six zillion unrelated amendments attached. All of which makes a very dry reading and makes layman's head spin (before exploding.)

    --
    ELOI, ELOI, LAMA SABACHTHANI!?
  29. Re:Law should be like code. Not up for interpretat by trout007 · · Score: 3, Interesting

    That reminds me of these lines we put in our requirements.

    1.3 Definitions
    The following definitions are used throughout this document:
    “Shall” defines a requirement that requires a waiver if not performed.
    “Will” defines a function that is expected to be performed during the implementation of the Project’s Parts Program, however does not require a waiver when not performed.
    “Should” defines a “best practice” and is strongly recommended but does not require a waiver when not performed.

    I wrote a contract for a Company to build a test sled that would accelerate a 100 kg mass at 30m/s^2 in the horizontal and vertical orientation. They undersized the system so it could only do it in the horizontal orientation. They tried to claim that in the vertical it is already accelerating at 1g due to gravity.

    --
    I love Jesus, except for his foreign policy.
  30. Re:and people still vote for Democrats or Republic by Anonymous Coward · · Score: 0

    so you're saying I should take the chance of losing the senator/representative that brings money into my household with his continued interest in my industry, on the possibility that some no-name with no connections and no experience of politics at a national level and with shady, unknown benefactors can take power and steer the country in which direction, exactly? Towards the crazy old people fascist police state or the crazy young people anarchro-communist nanny state?

    I suppose it doesn't matter, they'll be bought and paid for within a week of being voted in (if not before).

  31. Re:Law should be like code. Not up for interpretat by Anonymous Coward · · Score: 1

    [T]he courts play along. Wickard v. Filburn, as a single egregious example.

    I know you just worked all that in there to get the Ron Paul Google Ad to show up on the page.

  32. Re:Law should be like code. Not up for interpretat by Anonymous Coward · · Score: 0

    the dude abides, was i first?

  33. Re:Law should be like code. Not up for interpretat by anagama · · Score: 4, Insightful

    Many laws do have this kind of prelude and even those that don't have legislative history that may be helpful in ascertaining the purpose of the legislature in making the law.

    That said, the law should be like open source code, freely available for anyone to read and analyze. Yes, it might be complicated and confusing to a non-lawyer, but computer code is complicated and confusing to a non-programmer. Even with that complicated nature, either can be analyzed with some study and effort, at least to some extent.

    The real problem we have been having, starting with Bush's secret legal memos regarding due process free detention, and Obama's legal memo regarding due process free execution, is that the executive branch is essentially creating laws and keeping them secret making it impossible to know if what you are doing is something that will get you jailed or killed. That's a big deal, a dagger in the heart of what any free society is based upon, a shredding of the separation of powers, and ethically indefensible. There is no circumstance in which the rules of society ought to be secret.

    --
    What changed under Obama? Nothing Good
  34. Re:Law should be like code. Not up for interpretat by OzoneLad · · Score: 1

    It is so very wrong that such a broad-ranging law could be open to any sort of interpretation at all. Might as well make the first part explicitly state "This is a huge power grab. If we decide we don't like you, kiss your ass goodbye."

  35. Re:Law should be like code. Not up for interpretat by trout007 · · Score: 1

    It depends on you point of view. As a citizen I would actually like to know what what the law actually means no matter how inconvenient it is to our rulers.

    --
    I love Jesus, except for his foreign policy.
  36. Re:Law should be like code. Not up for interpretat by Hatta · · Score: 2

    You don't have to be a Paulite to realize that Wickard v. Filburn was as badly decided as Dred Scott.

    --
    Give me Classic Slashdot or give me death!
  37. My prediction. by WorBlux · · Score: 1

    My prediction. It will be thrown out for lack of standing.

    1. Re:My prediction. by Anonymous Coward · · Score: 0

      Yes, because of the infamous "You don't know if you're affected by this, so until you know you are, you cannot sue to stop/block/remove it."

    2. Re:My prediction. by Shotgun · · Score: 1

      Eventually, yes...

      But will you have a business after the government has shut it down for several years while the process played out?

      Ask Gibson how many guitars they've built and sold while the EPA has held their raw materials.

      --
      Aah, change is good. -- Rafiki
      Yeah, but it ain't easy. -- Simba
  38. Re:Law should be like code. Not up for interpretat by BitHive · · Score: 2

    Hear, hear! The truth of what you say should be obvious to everyone because as we all know, coded systems never have unintended consequences and can always account for every situation that comes up "in the field".

    Additionally, your comparison is quite apt because as everyone knows code is not ever subject to interpretation when it is executed. That is why we use one code to express everything.

    I am reminded of the invention of the first formal symbolic logics. Philosophers were rightly excited to have settled all human argument because finally each side could simply write down their arguments as symbolic logic and then whoever was correct would become self-evident.

    Bravo, sir. I hope your insights shake the foundations of our legal system and I wish to subscribe to your webinar and such.

  39. Re:Law should be like code. Not up for interpretat by c0lo · · Score: 1

    That said, the law should be like open source code, freely available for anyone to read and analyze.

    How far to go? E.g. may I make a fork on a certain law and adjust it to my needs?

    --
    Questions raise, answers kill. Raise questions to stay alive.
  40. +1 Sad by margeman2k3 · · Score: 1

    It's a little sad that the only way to find out what the law is is to sue the government.

  41. Re:Law should be like code. Not up for interpretat by cheekyjohnson · · Score: 2

    Don't worry. They'll only go after the big, bad terrorists...

    --
    Filthy, filthy copyrapists!
  42. What if we ask really nicely? by presspass · · Score: 1
    "Senators Ron Ryden and Mark Udall have been pushing the government..."
    Our representatives are "pushing the government"?

    WTF!!
    How about we demand to know?

    Ah well, too late to work within the system and too late to shoot the bastards.

  43. Re:Law should be like code. Not up for interpretat by Anonymous Coward · · Score: 0

    It is so very wrong that such a broad-ranging law could be open to any sort of interpretation at all. Might as well make the first part explicitly state "This is a huge power grab. If we decide we don't like you, bend over and kiss your ass goodbye."

    FTFY>

  44. Re:Law should be like code. Not up for interpretat by Anonymous Coward · · Score: 0

    If you maintain another country, absolutely. You are not allowed run a virtual machine.

  45. Re:Law should be like code. Not up for interpretat by 517714 · · Score: 5, Insightful

    A "secret interpretation" does indeed give us a basis for general expectations. Expect tyranny.

    --
    The US government have made it clear that we have no inalienable rights; any we do not defend vigorously will be taken.
  46. Re:Law should be like code. Not up for interpretat by artor3 · · Score: 1

    Yikes, what's the difference between "will" and "should" under those definitions? Yeah, yeah, "expected" versus "strongly recommended", but unless they have another section defining those terms, all I see is "does not require a waiver". It's like corporate Simon Says... you gotta listen real close for the shalls versus the wills.

  47. Re:and people still vote for Democrats or Republic by ThorGod · · Score: 1

    No, no, what we need is a new voting system.

    http://www.dailymotion.com/video/xeblp8_steven-brams-on-approval-voting_people

    Get rid of the single vote and get rid of the two dominating parties. Simple as that.

    --
    PS: I don't reply to ACs.
  48. Re:Law should be like code. Not up for interpretat by Anonymous Coward · · Score: 0

    Law should be like code. Not up for interpretation.

    Good luck writing any rule that does not have exceptions, corner cases, etc. Read any supreme court case: You may have an opinion on what a law means, but there are smart people making logically sound arguments on every side of the issue being decided.

  49. Re:and people still vote for Democrats or Republic by Anonymous Coward · · Score: 0

    [snip]

    The best solution is to vote out the current administration and if the next does it then to vote them out in hopes someone will get the message. Even better would be to get people out from under both parties but that will require work from the state side of politics. That means finding a way to make redistricting less prone to political power plays guaranteeing elected officials stay in power.

    [snip]

    You miss the larger issue here. As long as getting elected is dependent upon the ability to raise vast sums of money, the moneyed interests will always have their lapdogs in congress, the White House and statehouses around the county to do their bidding. The only way to get rid of the corrupting influence of the moneyed interests is to take the money out of politics.

    Even if you "throw the bums out," those looking to replace them still need to raise millions of dollars to run a successful campaign (most of which goes to the media companies who are propagandizing^H^H^H^H^H^H^H^H^H^H^H^H^H^H...err...reporting the news). Until such time that television time is free in equal measure for all candidates, we will be at the mercy of the moneyed interests.

  50. Re:Law should be like code. Not up for interpretat by c0lo · · Score: 1

    If you maintain another country, absolutely. You are not allowed run a virtual machine.

    VM is a bad analogy for this case (as bad as the Open Source is. Open Standards would have been more appropriate).
    Anyway, why don't you try a car analogy, I find easier to understand them ;)

    --
    Questions raise, answers kill. Raise questions to stay alive.
  51. Re:Law should be like code. Not up for interpretat by trout007 · · Score: 1

    Here is how I see it. You shouldn't be convicted of a crime unless the law is specific. If someone slips through an exception in the law then it should be up to the legislators to close the exception not for the executive and judge to interpret.

    --
    I love Jesus, except for his foreign policy.
  52. Re:Law should be like code. Not up for interpretat by shutdown+-p+now · · Score: 1

    That's easily solved - just require all laws to be written in Lojban.

    It also have a beneficial side effect of significantly raising the IQ of an average member of Congress (since Lojban proficiency would necessarily be mandated).

  53. Re:you know, most of them don't even bother to rea by RobertM1968 · · Score: 1

    Most of the congress critters don't even read the bill that's being put up for a vote, assuming they bother to show up for the vote.

    To be fair, most of the bills being put up for a vote are unnecessarily wordy and obscure, with six zillion unrelated amendments attached. All of which makes a very dry reading and makes layman's head spin (before exploding.)

    So, all we need to do to fix this situation is force the congress critters to actually read these bills!!! Then, when their heads explode, we can replace them!

  54. Habeas Corpus - Kill it by E.I.A · · Score: 0

    Simply suspend (or expel) Habeas Corpus and detain these annoying journalists indefinitely. File an injunction on all further inquiries and reporting, and proceed with the final few steps to an authoritarian hell. Use FAST to detect public curiosity, and send drones for them. And if you're lucky, the drones will only drop porn and Romanian spam. If that doesn't work, they can bury their heads in Mt. Weather until people stop asking why we've lost our freedoms, homes, and sense of identity all for a few trigger-happy Duck hunters (Cheney), (skull &) Bonesmen, and generals fascinated by artist's renditions (WMD - Iraq).

    --
    Laws are like sausages. It's better not to see them being made. - Otto von Bismarck
    1. Re:Habeas Corpus - Kill it by E.I.A · · Score: 1

      Certainly the sockpuppet wormtrolls should mod my above comment BELOW zero. I mean, there isn't a shred of validity to anything I said, and after all, the Patriot Act isn't all that bad - the constitution is for q-tips and Ron Paul extremists. And the drone idea was stupid, I admit; between Mcafee and Norton, they'd never let that happen. But don't stop there - - mod it 6 ft under. Rex-84 https://secure.wikimedia.org/wikipedia/en/wiki/Rex_84 is good. Executive Directive 51 is gooder. https://secure.wikimedia.org/wikipedia/en/wiki/National_Security_and_Homeland_Security_Presidential_Directive And of course, transparency regarding such things is the goodliest of all. Nothing to worry about here folks; although the Obama administration has been the worst yet for prosecuting whistleblowers, we still have HOPE and the memory of freedom. And you can get redacted FOIAs faster than ever! ~~ Mr. Baggins

      --
      Laws are like sausages. It's better not to see them being made. - Otto von Bismarck
  55. According to our secret interpretation by Arancaytar · · Score: 1

    We don't have to tell you that.

    (Oh wait, that was too much information already; now we must kill you.)

  56. Re:and people still vote for Democrats or Republic by cheekyjohnson · · Score: 1

    Or they care, but not enough to do anything about it.

    --
    Filthy, filthy copyrapists!
  57. Re:you know, most of them don't even bother to rea by bryan1945 · · Score: 1

    Good luck with that, we can't even get /.ers to read TFAs most of the time.

    --
    Vote monkeys into Congress. They are cheaper and more trustworthy.
  58. Ron Wyden by Anonymous Coward · · Score: 0

    Please correct the spelling: Ron Wyden.
    http://wyden.senate.gov

    (It makes me mad here is one of the few politicians doing good things, things this community supports, and we can't spell his name right. Go Ron! You're doing a fucking good job, even if it appears they're on behalf of a bunch of nitwits. Keep up the great work.)

  59. It's a cliche, but we live it now by Anonymous Coward · · Score: 0

    "Catch-22 states that agents enforcing Catch-22 need not prove that Catch-22 actually contains whatever provision the accused violator is accused of violating."

    "Catch-22 says they have a right to do anything we can't stop them from doing."

  60. Re:Law should be like code. Not up for interpretat by dontuhatepants · · Score: 2

    Impeach Obama for the Extrajudicial Murder of US Citizens in Flagrant Violation of the 5th Amendment to the US Constitut

    They got to you too, huh?

  61. Everything Was Legal by Anonymous Coward · · Score: 0

    Paragon:
    - Everything was legal.
    - Seek professional help.
    Does anybody know if those samples were from the Nuremberg trials?

  62. Re:Law should be like code. Not up for interpretat by unitron · · Score: 1

    Except that it will mean something else tomorrow, if they need for it to.

    --

    I see even classic Slashdot is now pretty much unusable on dial up anymore.

  63. Re:Law should be like code. Not up for interpretat by UnoriginalBoringNick · · Score: 1

    Back in the days when "Word Processors" were dedicated machines I worked for a company that worked in a submarine - related industry.

    There was a story - possibly apocryphal - that the company came within in inch of sending a tender to a government agency full of references to "willow water"

  64. Re:you know, most of them don't even bother to rea by Anonymous Coward · · Score: 0

    To be fair, most of the bills being put up for a vote are unnecessarily wordy and obscure, with six zillion unrelated amendments attached. All of which makes a very dry reading and makes layman's head spin (before exploding.)

    But that's what these critters are paid for, isn't it?

  65. Re:Law should be like code. Not up for interpretat by roman_mir · · Score: 0

    This is not going to do much, you want to define the spirit of what you want to say, but they are not interested. What you are proposing is similar to trying to create 'perfect DRM'.

    --

    The real solution is to get away from that business model - government should not be in business of regulating business.

    All of the business regulations, taxes and subsidies end up destroying the economy eventually, even the things that gov't does with the best of intentions.

    You'd think - what possibly can go wrong with 'civil rights' act yes? Hah! Everything has gone wrong with it. It created more unemployment among minorities, not less, because employers just lost a bunch of rights and got themselves a bunch of obligations and certain employees got a bunch of entitlements that these employers are supposed to provide. Should the employers fail in any way (even in an imaginary way) to provide those entitlements, they will be dragged to court.

    This raised price of employing certain groups of individuals, and their unemployment has tripled since that time the act was passed.

  66. Re:Law should be like code. Not up for interpretat by zblack_eagle · · Score: 1

    I think you're wrongly assuming that members of Congress read laws

  67. Re:and people still vote for Democrats or Republic by Anonymous Coward · · Score: 0

    you end up with lawlessness incarnate

    No, you end-up with the law the FBI, congress critters, and the president say you must obey: A law of tyranny, one step from a dictatorship possibly, but a law. The law has always been to protect the ruling class. It applies to us serfs only to supply our bread and circuses.

  68. Re:Law should be like code. Not up for interpretat by tehcyder · · Score: 1

    Oh wait that would be if we actually lived in a republic. Never mind.

    Yes, because rigidly codified law systems have no disadvantages whatsoever compared with a common law system.

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  69. Catch 22 by Anonymous Coward · · Score: 0

    There is a catch.

    They have a right to do anything that we are unable to prevent them from doing. That is Catch 22.
    -- J. Heller.

  70. Re:Law should be like code. Not up for interpretat by Sqr(twg) · · Score: 1

    If the mass can be accelerated at 30 m/s^2 downwards, then it fulfills the "vertical direction" requirement. ;-)

    My father works for a company that builds factories all over the world. When they sell to the U.S. they double the quote compared to when they sell to Europe or Asia, because they know they will need an army of lawyers to battle both their customer and their subcontractors.

    In other parts of the world, you don't screw your customer over, because you want to maintain your image and get repeat business. Everybody wins (except the lawyers).

  71. Section 215? by chrismcb · · Score: 1

    I got all excited, finally someone attempting to challenge the Anti Constitution Act (err Patriot Act, whatever). And then I saw that they are only questioning Section 215. Apparently the first 214 sections are ok. Just how many freaking sections does it have?

    1. Re:Section 215? by kilfarsnar · · Score: 1

      Apparently the first 214 sections are ok. Just how many freaking sections does it have?

      It seems you have to sue the government to find out...

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
  72. Bills often do that by Quila · · Score: 3, Insightful

    Even the Patriot Act is prefaced with

    To deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

    So although it was sold to the public as an anti-terrorism bill, it's right up front that they plan to use it for regular law enforcement too. A lot of other bills have a list of "whereas" in the beginning, listing the reasons and intent of the bill.

    Of course none of this matters at all. The intent and history of the Second Amendment is brain-dead clear, but that doesn't stop people from trying to reinterpret it to rid themselves of a right they don't personally like. The 4th is pretty clear too, but it gets reinterpreted so that the contents of your cell phone aren't somehow equivalent to "papers and effects." And there's drug war property seizures in the face of the 5th's "nor be deprived of life, liberty, or property, without due process of law." You see, the legal action is against the property, not the person, so his rights don't come into play. I am not kidding, the cases read like "U.S. Government v. $10,000."

    If the law or amendment is inconvenient to those currently in power, regardless of even the explicitly stated intent and clear history, they will simply reinterpret it so that it no longer is a problem for them.

  73. Re:Law should be like code. Not up for interpretat by gambino21 · · Score: 1

    For your next project/requirements, you might be able to just refer to RFC 2119 to define these terms.

  74. Re:Law should be like code. Not up for interpretat by he-sk · · Score: 1

    Laws will always be open to interpretation and that's a good thing. If the law was automatic like code we wouldn't need courts, because the executive could just apply the appropriate law and be done with it. This would open the doors to blatant abuse and achieve an effect opposite from your intent, namely, that the laws are arbitrarily interpreted by the executive.

    --
    Free Manning, jail Obama.
  75. Jury, what's that? by phorm · · Score: 1

    Ha. That assumes you can actually get a trial by a jury, and not a secret handpicked judged that has clearance to deal with "secret" trials.

  76. Re:Law should be like code. Not up for interpretat by kilfarsnar · · Score: 1

    At least more people are starting to realize what's actually going on here.

    --
    "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
  77. Re:Law should be like code. Not up for interpretat by kilfarsnar · · Score: 1

    You'd think - what possibly can go wrong with 'civil rights' act yes? Hah! Everything has gone wrong with it. It created more unemployment among minorities, not less, because employers just lost a bunch of rights and got themselves a bunch of obligations and certain employees got a bunch of entitlements that these employers are supposed to provide. Should the employers fail in any way (even in an imaginary way) to provide those entitlements, they will be dragged to court.

    This raised price of employing certain groups of individuals, and their unemployment has tripled since that time the act was passed.

    Know how I know you're white?

    --
    "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
  78. I can't believe no one's posted The Trial yet. by headkase · · Score: 1

    Seriously, this is it: Kafka's The Trial.

    The protagonist was arrested, tried, and sentenced to die under charges and laws he was never allowed to examine. First published in 1925 so maybe that's why it's not in much memory.

    --
    Shh.
    1. Re:I can't believe no one's posted The Trial yet. by E.I.A · · Score: 1

      I am also reminded of Albert Camus' Resistance, Rebellion, and Death: https://secure.wikimedia.org/wikipedia/en/wiki/Resistance,_Rebellion,_and_Death

      --
      Laws are like sausages. It's better not to see them being made. - Otto von Bismarck
    2. Re:I can't believe no one's posted The Trial yet. by E.I.A · · Score: 1

      Someone hurry up and mod my above comment "troll". People shouldn't be reading Camus, or ridiculing the Patriot Act. Push away another /. user, go ahead. You want homogeneity, right? To hell with you ridiculous snobs! ~~Troll = Satire?

      --
      Laws are like sausages. It's better not to see them being made. - Otto von Bismarck
    3. Re:I can't believe no one's posted The Trial yet. by RockDoctor · · Score: 1

      First published in 1925 so maybe that's why it's not in much memory.

      Far be it from me to debunk a nascent conspiracy theory, but there is also the minor detail that all of Kafka's novels (and many of his short stories) are interminable, hallucinatory and repetitive to a disturbing degree. They're just not pleasant to read, and I've tried hard enough on several occasions to know.

      I don't dispute that he's a great novelist. But he is really hard work to read. NOT a casual reader's novelist.

      I wonder if George Orwell had read any Kafka?

      Literary criticism from a geologist? You read it here first!

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
  79. Re:Law should be like code. Not up for interpretat by Darkinspiration · · Score: 1

    Yes, regulation free heaven, where there's melamine in milk and where your drinking water can catch fire. Where Lake are greenish yellow and where forest turn to desert. But corporation make a lot of money. Bitch all you want about regulation but they help a lot keeping our general environement relatively pollution free. It mean we get to eat fish and drink milk without the fear of poisoning with heavy metals. It also mean our drugs are efficient and proven. And if you think that you still get all that without regulation. Check china.

  80. Re:Law should be like code. Not up for interpretat by roman_mir · · Score: 0

    because you are a racist?

  81. Re:Law should be like code. Not up for interpretat by Antisyzygy · · Score: 1

    Which is apparently anyone downloading media from ThePirateBay.

    --
    That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
  82. Re:Law should be like code. Not up for interpretat by Antisyzygy · · Score: 1

    Im telling.

    --
    That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
  83. Re:you know, most of them don't even bother to rea by Smallpond · · Score: 1

    Salary: $174,000
    Average cost of campaign for House: $1,000,000
    Average cost of campaign for Senate: $4,300,000

    so what do you mean by "paid for"?

  84. Tell us more about Bigus Dickus. by Anonymous Coward · · Score: 0

    You seem to know alot about Mistew Won "Biggus" Wyden.

  85. Re:you know, most of them don't even bother to rea by kilfarsnar · · Score: 1

    But that's what these critters are paid for, isn't it?

    In theory yes, in practice no.

    --
    "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
  86. DON'T confuse law to limited liability regulation. by Anonymous Coward · · Score: 0

    Municiple courts are Regulatory Tribunals that draw their authority on Contract Law.

    An actual law of nature is not enforced, because it has it's own kind of Gravity: like Earth's gravity is unenforcable, because it's a true law and not an artificial law that is enforced like painted lines on asphault or a CB radio next to a linear amplifier.

    Regulations are what is being compelled, so in-order to disclose them there needs to be a Write of Quo Warranto and Mandamus to disclose this and if it does not then either your country sined-die to an invasive military power (as is the case in States of America being conquered by States of the United States from District of Columbia) or there simply isn't a dispute but by your Consent to be governed through unwritten general assent that hasn't made a Special Appearance or a Restricted Appearance.

    I was at the Montana Freemen stand-off and learned some things, like how de-facto government is nothing more than a private corporation (aka person) that tries to supplant or remove a de-jure government first by manufacturing consent of regulation to lay dormant the original mode of conduct and then by chaging your weights and measures like how nobody is using State money but are using foreign private credit and US "domestic" dollars not in The FIRST Coinage Act (money doesn't condition who get's payed or what you can buy and sell and to whom you may trade with, but actual value on account).

  87. HopeyChangey by Anonymous Coward · · Score: 0

    So, is this the Hope, or is this the Change?

    1. Re:HopeyChangey by Anonymous Coward · · Score: 0

      That's Bob Hope and Dick Chaney: HopeyChaney. Hope-and-Change was just a typo caused by political bias, and they went with it.

  88. Re:Law should be like code. Not up for interpretat by Sqr(twg) · · Score: 1

    Telling whom? It's not like their customers don't know they're paying twice what it would cost to build the same factory in Europe or Asia. (In fact they're paying even more, because they also have to pay their own lawyers throughout the process.)

    In the end, they usually don't buy anything, because they realize they cant compete with the factories in Asia.

  89. Re:Law should be like code. Not up for interpretat by Antisyzygy · · Score: 1

    Just a joke dude.

    --
    That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
  90. Re:Law should be like code. Not up for interpretat by Anonymous Coward · · Score: 0

    Nobody expects the Spanish Inquisition.

  91. Re:Law should be like code. Not up for interpretat by Anguirel · · Score: 1

    I think he's also wrongly assuming that members of Congress write laws, rather than their aides and staff.

    --
    ~Anguirel (lit. Living Star-Iron)
    QA: The art of telling someone that their baby is ugly without getting punched.
  92. Re:Law should be like code. Not up for interpretat by suutar · · Score: 1

    Regulation is the only way I know of to keep business from pushing its externalities off on the public, generating monopolies, and otherwise using its concentrated power to the detriment of the public. If you have an alternative method that has not already been proven to be breakable (starting up a competing company, for example, is very difficult if the incumbent has enough reserves to undersell you for a while, or to buy out the supply chain, or enough power to just get the local politicians to harass you), I'd love to hear it.

  93. Re:Law should be like code. Not up for interpretat by suutar · · Score: 1

    How did they figure they were getting the other 20.2m/s^2 of vertical acceleration?

  94. Re:Law should be like code. Not up for interpretat by roman_mir · · Score: 1

    No, it's the exact opposite.

    Strict protection of individual liberties and private property and contract law is the only way to prevent pushing the external costs out, from socializing any of the risk while privatizing the profits.

    Once gov't has the power to regulate, it is bought. There is no way around it. Any politician who enters the gov't machine, that has the power to regulate business immediately becomes the proxy for any money interests that can buy him and that's going to be that way forever until all of your politicians are actual robots.

    Competition was flourishing in USA before gov't introduced all sorts of regulations. Realize that it was gov't that killed 4000 phone start ups when they gave monopoly power to AT&T early last century.

    It is only possible to have real competition when gov't does not prevent that from happening.

  95. Re:and people still vote for Democrats or Republic by Anguirel · · Score: 1
    --
    ~Anguirel (lit. Living Star-Iron)
    QA: The art of telling someone that their baby is ugly without getting punched.
  96. Re:you know, most of them don't even bother to rea by RobertM1968 · · Score: 1

    Point to you! ;-)

  97. Re:Law should be like code. Not up for interpretat by zblack_eagle · · Score: 1

    And lobbyists

  98. Re:Law should be like code. Not up for interpretat by suutar · · Score: 1

    Who's doing this protecting the liberties of the individual (me, for example) from the whims of the company (GE, for example)? I don't have enough clout (more precisely, enough money to buy enough shares to have power over GE) to tell GE to stop pouring chemicals in the creek. Me and everyone else living on that creek put together don't have that much money. People not living on the creek are unlikely to care enough to boycott them. So who's making GE not dump stuff in the creek?

  99. Re:Law should be like code. Not up for interpretat by trout007 · · Score: 1

    Yeah. I'll go tell my CEO I want to do it that way. Here's how to contact him.

    http://www.whitehouse.gov/contact

    --
    I love Jesus, except for his foreign policy.
  100. Re:Law should be like code. Not up for interpretat by trout007 · · Score: 1

    I think I did have a diagram showing the coordinate system. What is even crazier is once they got the sled to work we came in for the acceptance test. They didn't get all the bugs worked out and the sled went to the end of the tack and instead of stopping just continued off the end throwing the carriage out of the shop into the parking lot.

    --
    I love Jesus, except for his foreign policy.
  101. Re:Law should be like code. Not up for interpretat by roman_mir · · Score: 2

    that's what property rights are about. With gov't out of business, there is no public property, everything is privately owned, and gov't is for protecting personal liberties and freedoms, property rights and border security. That's an expense item that does make sense.

    So when a company owns part of the lake, other people own parts of it and properties adjacent to it. If they pollute it, that's what the court system is supposed to be for - protecting the right of individuals to their property, and gov't power can be used in a class action suit.

    Given that disasters, like BP, happen because gov't gives limited liability protection, caps their liability for drilling at 70million, while it is clear that actual damages will be thousands if not millions of times that, a company would have to acquire proper insurance if it doesn't want to be destroyed, and limited personal liability for top management wouldn't exist with gov't out of business either. So this would give a pretty good incentive to think about such actions before doing them, because this wouldn't be an offense happening in a fit of passion or rage, this would be a calculated move by an entity, trying to make money on their product. So it's always premeditated.

    Gov't giving limited personal liability protection, capping monetary liability and having this 'public ownership', so denying actual property rights, all of this actually provides fertile soil to all of these environmental abuses.

  102. Re:Law should be like code. Not up for interpretat by suutar · · Score: 1

    So I can get the government to tell GE to stop dumping stuff in the creek (and thereby regulating them) but only if I can afford to sue or can find a lawyer to do it on contingency. And GE doesn't know whether it can dump in the creek until it tries it and gets burned, or doesn't. I'm not seeing how that's better for them or for me than just having a rule that you can't dump stuff in the creek.

  103. Re:Law should be like code. Not up for interpretat by roman_mir · · Score: 1

    What do you mean "GE doesn't know"? If it doesn't know, it better have good insurance, because that's what property and liberty rights are for and that's what gov't is for.

    Where did I say you have to have money to sue? I said that it's gov't responsibility to protect liberties, property rights, enforce criminal and contract law and border protection.

  104. Living in a Society of Fear by Anonymous Coward · · Score: 0

    Under the guise of fighting terrorism, the Patriot Act was adopted WITHOUT public approval or vote just weeks after the events of 9/11. Such an unconstitutional set of laws should be abolished seeing as they violate human rights and due process. A mere 3 criminal charges of terrorism a year attributed to this act, which is mainly used for no-knock raids leading to drug-related arrests without proper cause for search and seizure. The laws are simply a means to spy on our own citizens and to detain and torture dissidents without trial or a right to council. You can read much more about living in this Orwellian society of fear and see my visual response to these measures on my artist’s blog at http://dregstudiosart.blogspot.com/2011/09/living-in-society-of-fear-ten-years.html